Prohibits the possession of a gun or non-folding knife while upon the premises of a governmental chamber or at a public hearing of the state or any political subdivision thereof; such violation shall constitute a class E felony; exempts police officers and security personnel.
TITLE OF BILL: An act to amend the penal law, in relation to prohibited use of weapons
PURPOSE OR GENERAL IDEA OF BILL: To prohibit firearms and personal weapons in governmental chambers and public hearing rooms.
SUMMARY OF SPECIFIC PROVISIONS: Adds subdivision 4 to section 265.35 of the Penal Law, prohibiting firearms and personal weapons in governmental chambers, including state and municipal office and public hearing forums held by all legislative and government entities at any location, except police officials.
JUSTIFICATION: In the development of public policy, state law should be as proactive in the prevention of any coercive behavior or possible threats concerning individuals possessing legally or illegally firearms or other personal weapons in governmental chambers or at public hearings.
policymakers' decision making, votes, policies or individuals testimony should not be threatened or injured through the showing of or known concealment of firearms or personal weapons on the person of individuals within governmental chambers or at public hearings.
Elected officials are placed into office by people as examples for the community and as examples to the community should not be allowed to use fear tactics to get others to see their point of view.
PRIOR LEGISLATIVE HISTORY: 01/09/02 Referred to Codes (A.2665) 02/06/03 Referred to Codes (A.3540) 01/07/04 Referred to Codes 2005-06 A.2187 Referred to Codes 2007-08 A.1391 Held for Consideration in Codes 2009-10 A.2148 Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 4535 2011-2012 Regular Sessions IN SENATE April 11, 2011 ___________Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to prohibited use of weapons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 265.35 of the penal law is amended by adding a new subdivision 4 to read as follows: 4. ANY PERSON WHO POSSESSES A FIREARM, ANY OTHER GUN OR A NON-FOLDING KNIFE WHILE UPON THE PREMISES OF ANY GOVERNMENTAL CHAMBER OR PUBLIC HEARING ROOM OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF SHALL BE GUILTY OF A CLASS E FELONY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO POLICE OFFICERS OR PERSONS PROVIDING SECURITY AT THE DIRECTION OF THE GOVERNMENTAL ENTITY HAVING JURISDICTION OVER THE PREMISES. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06059-01-1