N.Y. PEN Law § 265.01-E — New York Code / Act PEN / Part 3 / Title P / Article 265 / Section 265.01-E
Criminal possession of a firearm, rifle or shotgun in a sensitive location
Status: in_force

§ 265.01-e Criminal possession of a firearm, rifle or shotgun in a\n             sensitive location.\n  1. A person is guilty of criminal possession of a firearm, rifle or\nshotgun in a sensitive location when such person possesses a firearm,\nrifle or shotgun in or upon a sensitive location, and such person knows\nor reasonably should know such location is a sensitive location.\n  2. For the purposes of this section, a sensitive location shall mean:\n  (a) any place owned or under the control of federal, state or local\ngovernment, for the purpose of government administration, including\ncourts;\n  (b) any location providing health, behavioral health, or chemical\ndependance care or services;\n  (c) any place of worship, except for those persons responsible for\nsecurity at such place of worship;\n  (d) libraries, public playgrounds, public parks, and zoos, provided\nthat for the purposes of this section a "public park" shall not include\n(i) any privately held land within a public park not dedicated to public\nuse or (ii) the forest preserve as defined in subdivision six of section\n9-0101 of the environmental conservation law;\n  (e) the location of any program licensed, regulated, certified,\nfunded, or approved by the office of children and family services that\nprovides services to children, youth, or young adults, any legally\nexempt childcare provider; a childcare program for which a permit to\noperate such program has been issued by the department of health and\nmental hygiene pursuant to the health code of the city of New York;\n  (f) nursery schools, preschools, and summer camps; provided that for\nthe purposes of this section, nothing shall prohibit the activity\npermitted under subdivisions seven-c, seven-d, and seven-e of section\n265.20 of this article where such activity occurs at a summer camp in\naccordance with all applicable local, state, and federal laws, rules,\nand regulations;\n  (g) the location of any program licensed, regulated, certified,\noperated, or funded by the office for people with developmental\ndisabilities;\n  (h) the location of any program licensed, regulated, certified,\noperated, or funded by office of addiction services and supports;\n  (i) the location of any program licensed, regulated, certified,\noperated, or funded by the office of mental health;\n  (j) the location of any program licensed, regulated, certified,\noperated, or funded by the office of temporary and disability\nassistance;\n  (k) homeless shelters, runaway homeless youth shelters, family\nshelters, shelters for adults, domestic violence shelters, and emergency\nshelters, and residential programs for victims of domestic violence;\n  (l) residential settings licensed, certified, regulated, funded, or\noperated by the department of health;\n  (m) in or upon any building or grounds, owned or leased, of any\neducational institutions, colleges and universities, licensed private\ncareer schools, school districts, public schools, private schools\nlicensed under article one hundred one of the education law, charter\nschools, non-public schools, board of cooperative educational services,\nspecial act schools, preschool special education programs, private\nresidential or non-residential schools for the education of students\nwith disabilities, and any state-operated or state-supported schools;\n  (n) any place, conveyance, or vehicle used for public transportation\nor public transit, subway cars, train cars, buses, ferries, railroad,\nomnibus, marine or aviation transportation; or any facility used for or\nin connection with service in the transportation of passengers,\nairports, train stations, subway and rail stations, and bus terminals;\n  (o) any establishment holding an active license for on-premise\nconsumption pursuant to article four, four-A, five, or six of the\nalcoholic beverage control law where alcohol is consumed and any\nestablishment licensed under article four of the cannabis law for\non-premise consumption;\n  (p) any place used for the performance, art entertainment, gaming, or\nsporting events such as theaters, stadiums, racetracks, museums,\namusement parks, performance venues, concerts, exhibits, conference\ncenters, banquet halls, and gaming facilities and video lottery terminal\nfacilities as licensed by the gaming commission;\n  (q) any location being used as a polling place;\n  (r) any public sidewalk or other public area restricted from general\npublic access for a limited time or special event that has been issued a\npermit for such time or event by a governmental entity, or subject to\nspecific, heightened law enforcement protection, or has otherwise had\nsuch access restricted by a governmental entity, provided such location\nis identified as such by clear and conspicuous signage;\n  (s) any gathering of individuals to collectively express their\nconstitutional rights to protest or assemble;\n  (t) the area commonly known as Times Square, as such area is\ndetermined and identified by the city of New York; provided such area\nshall be clearly and conspicuously identified with signage.\n  3. This section shall not apply to:\n  (a) qualified law enforcement officers who are authorized to carry\nconcealed firearms pursuant to 18 U.S.C 926B, or qualified retired law\nenforcement officers who are authorized to carry concealed firearms\npursuant to 18 U.S.C. 926C;\n  (b) persons who are police officers as defined in subdivision\nthirty-four of section 1.20 of the criminal procedure law;\n  (c) persons who are designated peace officers by section 2.10 of the\ncriminal procedure law;\n  (d) persons who were employed as police officers as defined in\nsubdivision thirty-four of section 1.20 of the criminal procedure law\nbut are retired;\n  (e) security guards as defined by and registered under article seven-A\nof the general business law, who have been granted a special armed\nregistration card, while at the location of their employment and during\ntheir work hours as such a security guard;\n  (f) active-duty military personnel;\n  (g) persons licensed under paragraph (c), (d) or (e) of subdivision\ntwo of section 400.00 of this chapter while in the course of his or her\nofficial duties;\n  (h) a government employee under the express written consent of such\nemployee's supervising government entity for the purposes of natural\nresource protection and management;\n  (i) persons while lawfully engaged in taking of wildlife or attempts\nto take wildlife pursuant to a hunting permit or license issued by the\ndepartment of environmental conservation, or as otherwise authorized\npursuant to the environmental conservation law, and persons while\nlawfully engaged in hunter education training, marksmanship practice,\nmarksmanship competition or training, or training in the safe handling\nand use of firearms, in accordance with all applicable local, state, and\nfederal laws, rules, and regulations;\n  (j) persons operating a program in a sensitive location out of their\nresidence, which is licensed, certified, authorized, or funded by the\nstate or a municipality, so long as such possession is in compliance\nwith any rules or regulations applicable to the operation of such\nprogram and use or storage of firearms;\n  (k) persons, while acting in the scope of their official duties, who\nare employed in the revenue control and security departments of the\nmetropolitan transportation authority, or the New York city transit\nauthority or an affiliate or subsidiary thereof, who are authorized to\ncarry a firearm as part of their employment;\n  (l) persons while lawfully engaged in historical reenactments,\neducational programming involving historical weapons of warfare, or\nmotion picture or theatrical productions, in accordance with all\napplicable local, state, and federal laws, rules and regulations;\n  (m) persons, while acting within the scope of their official duties,\nwho are responsible for the storage or display of antique firearms,\nrifles or shotguns at museums and historic sites;\n  (n) persons while participating in military ceremonies, funerals, and\nhonor guards; or\n  (o) persons while lawfully engaging in learning, practicing, training\nfor, competing in, or travelling into or within the state to learn,\npractice, train for, or compete in, the sport of biathlon, in accordance\nwith all applicable local, state, and federal laws, rules, and\nregulations.\n  Criminal possession of a firearm, rifle or shotgun in a sensitive\nlocation is a class E felony.\n