S6148A Actions
S6148B - AMEND AND RECOMMIT TO RULES - Oct 7, 2009S6148B - PRINT NUMBER 6148B - Oct 7, 2009
S6148A - AMEND AND RECOMMIT TO RULES - Sep 14, 2009
S6148A - PRINT NUMBER 6148A - Sep 14, 2009
S6148 - REFERRED TO RULES - Aug 31, 2009
S6148A Memo
BILL NUMBER: S6148A
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 subdivision 3 of section 265.01 of the penal law by
adding two new paragraphs: (b) 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. (c) The provisions of paragraph (b) do not apply to owners or employees of the licensed premises, or any non-profit organization or "club" defined in subdivision 9 or section 3 of the alcoholic beverage control law, including the exterior grounds of any golf course or outdoor recreation area affiliated with such club.
Section 2 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 non-profit institutions such as charities, fraternal and veterans organizations.
A violation of the provisions set forth in the bill constitutes a class A misdemeanor.
PRIOR LEGISLATIVE HISTORY : New Bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : One hundred and twentieth day after becoming law.
S6148A Text
S T A T E O F N E W Y O R K6148--A
2009-2010 Regular Sessions I N SENATE August 31, 2009
Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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. Subdivision 3 of section 265.01 of the penal law, as amended by chapter 199 of the laws of 2006, is amended to read as follows:
(3) (A) He or she knowingly has in his or her possession a rifle, shotgun or firearm in or upon a building or grounds, used for educa tional purposes, of any school, college or university, except the fores try lands, wherever located, owned and maintained by the State Universi ty of New York college of environmental science and forestry, or upon a school bus as defined in section one hundred forty-two of the vehicle and traffic law, without the written authorization of such educational institution. (B) 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 FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION HAS BEEN ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW. (C) THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY TO:
1. AN OWNER OR EMPLOYEE OF THE LICENSED PREMISES WITH THE RESPONSIBIL ITY OF PROTECTING SUCH ESTABLISHMENT; OR 2. A CLUB AS DEFINED IN SUBDIVISION NINE OF SECTION THREE OF THE ALCO HOLIC BEVERAGE CONTROL LAW, INCLUDING THE EXTERIOR GROUNDS OF ANY GOLF COURSE OR OUTDOOR RECREATION AREA AFFILIATED WITH SUCH CLUB; or
S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14699-03-9
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