Prohibits the possession of guns in or upon the grounds of buildings that serve alcoholic beverages; provides exemption to on-duty police officers, owner or employee protecting the establishment or a club.

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S574-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 5, 2011: REFERRED TO CODES

S574-2011 Memo

BILL NUMBER:S574

TITLE OF BILL:

An act
to amend the penal law, in relation to prohibiting the possession of
guns in or upon the grounds of buildings that serve alcoholic beverages

PURPOSE:

To prohibit the possession of rifles, shotguns, and firearms in
establishments that serve alcohol.

SUMMARY OF PROVISIONS:

Section 1 amends section 265.01 of the penal law by adding a new
subdivision 3-a which states that a person is guilty of possession of
a firearm in the fourth degree if he or she knowingly has in his or
her possession a rifle, shotgun or firearm in or upon the premises of
an establishment for which a license to sell alcoholic beverages for
on-premises consumption has been issued pursuant to the alcoholic
beverage control law.

Section 2 amends section 265.20 of the penal law by adding a new
subdivision e explaining that the provisions in section 1 do not
apply to owners or employees of the licensed premises who have the
responsibility of protecting their establishment and its patrons, or
any member of a "club" as defined in subdivision 9 of section 3 of
the alcoholic beverage control law, who is located on any portion of
the premises used exclusively for the consumption of alcoholic
beverages, including the exterior grounds of any golf course or
outdoor recreation area affiliated with such club.

Section 3 relates to the effective date.

JUSTIFICATION:

A recent survey conducted by David Randolph Smith Law Firm revealed
that 23 states expressly prohibit carrying loaded guns in areas
serving alcohol. While New York state law prohibits the carrying of
firearms on education grounds and school buses, it currently does not
have a statute that directly relates to the consumption of alcohol.

The goal of this legislation is to expand current law to other
sensitive places such as bars, restaurants, and night clubs, where
the combination of firearms and alcohol on the premises of drinking
establishments creates a danger and threat to public safety. This
legislation recognizes that, while the mere presence of permitted
guns in bars may not be harmful per se, these guns may become harmful
by the intervention and
acts of other persons and patrons, whether they are intentional or not.

In addition to the exemptions provided for in section 265.20 of the
penal law, the bill exempts owners and employees who have the
responsibility to protect their drinking establishments and its


patrons, and members of nonprofit "chills" such as fraternal and
veterans organizations.

A violation of the provisions set forth in the bill constitutes a
class A misdemeanor.

PRIOR LEGISLATIVE HISTORY:

2010 - S.6148 REFERRED TO CODES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the 1st of November after it shall have
become law.

S574-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     574

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced by Sens. KLEIN, KRUEGER, MONTGOMERY -- 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 prohibiting the possession
    of  guns  in  or  upon  the  grounds of buildings that serve alcoholic
    beverages

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Section 265.01 of the penal law is amended by adding a new
  subdivision 3-a to read as follows:

    (3-A) HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,  SHOT-
  GUN  OR  FIREARM IN OR UPON THE PREMISES OF AN ESTABLISHMENT FOR WHICH A
  LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES  CONSUMPTION
  HAS BEEN ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW.
    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
  vision e to read as follows:

    E.  THE  PROVISIONS  OF  SUBDIVISION THREE-A OF SECTION 265.01 OF THIS
  ARTICLE SHALL NOT APPLY TO:

    (1) A PERSON WHO IS AN OWNER OR EMPLOYEE OF THE LICENSED PREMISES  FOR
  THE  SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION WHO HAS THE
  RESPONSIBILITY OF PROTECTING SUCH ESTABLISHMENT AND ITS PATRONS; OR
    (2) A CLUB MEMBER OF A CLUB AS DEFINED IN SUBDIVISION NINE OF  SECTION
  THREE  OF  THE  ALCOHOLIC  BEVERAGE  CONTROL LAW, WHO IS LOCATED ON SUCH
  PREMISES OR PORTION OF SUCH PREMISES THAT IS USED  EXCLUSIVELY  BY  SUCH
  MEMBERS FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES INCLUDING THE
  EXTERIOR  GROUNDS  OF  ANY GOLF COURSE OR OUTDOOR RECREATION AREA AFFIL-
  IATED WITH SUCH CLUB.
    S 3. 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.
                                                             LBD04848-01-1