Bill S574-2011

Prohibits the possession of guns in or upon the grounds of buildings that serve alcoholic beverages

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.

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 574 2011-2012 Regular Sessions IN 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.

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