This bill has been amended

Bill S6711-2013

Relates to possession of firearms on property owned by or held in trust for SUNY ESF

Relates to possession of firearms on property owned by or held in trust for SUNY ESF.

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  • Mar 3, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S6711

TITLE OF BILL: An act to amend the penal law, in relation to possession of firearms on property owned by or held in trust for SUNY ESF

PURPOSE OR GENERAL IDEA OF BILL:

To restore hunting rights on SUNY ESF property.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 265.01-a of the penal law pertaining to criminal possession of a weapon on school grounds. The bill adds the language "held in trust" when describing exemptions under this provision of the law.

Section 2 shall make the effective date immediately.

JUSTIFICATION:

In the fall of 2013, SUNY ESF announced that it would ban hunting on 5,300 acres of its property in the North Country. This land had been regularly used by SUNY ESF's students and faculty for research and as well as being a popular location for small and big game hunters.

SUNY ESF's announcement was due to the firearm possession changes that were created under the NY SAFE Act. Under the SAFE Act, penalties were added for possessing a rifle, shotgun or firearm in or upon a building or grounds, used for educational purposes. While the law provided an exemption for land owned by SUNY ESF, it did not contain an exemption for property that is held in trust for SUNY ESF which includes 5,300 acres in the Adirondacks. Without mention of "land held in trust," under the law, an individual who possesses a shotgun, rife or firearm on theses premises in the Adirondacks could face a Class E Felony.

As a result, SUNY ESF made the decision to announce the hunting ban for its Adirondack properties to prevent hunters and outdoor sports enthusiasts from being potentially charged with a felony under the SAFE Act.

This legislation makes the technical changes that will once again open up these areas for hunting of big and small game.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6711 IN SENATE March 3, 2014 ___________
Introduced by Sen. DeFRANCISCO -- 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 possession of firearms on property owned by or held in trust for SUNY ESF THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 265.01-a of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows: S 265.01-a Criminal possession of a weapon on school grounds. A person is guilty of criminal possession of a weapon on school grounds when 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 forestry lands, wherever located, HELD IN TRUST FOR OR owned and main- tained by the State University 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. Criminal possession of a weapon on school grounds is a class E felony. S 2. This act shall take effect immediately.

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