2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title P - Offenses Against Public Safety › Article 265 - Firearms and Other Dangerous Weapons › 265.01-E - Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location.

§ 265.01-e Criminal  possession  of  a  firearm,  rifle  or shotgun in a
sensitive location.
1. A person is guilty of criminal possession of a  firearm,  rifle  or
shotgun  in  a  sensitive location when such person possesses a firearm,
rifle or shotgun in or upon a sensitive location, and such person  knows
or reasonably should know such location is a sensitive location.
2. For the purposes of this section, a sensitive location shall mean:
(a)  any  place  owned or under the control of federal, state or local
government, for the  purpose  of  government  administration,  including
courts;
(b)  any  location  providing  health,  behavioral health, or chemical
dependance care or services;
(c) any place of worship, except for  those  persons  responsible  for
security at such place of worship;
(d)  libraries,  public  playgrounds, public parks, and zoos, provided
that for the purposes of this section a "public park" shall not  include
(i) any privately held land within a public park not dedicated to public
use or (ii) the forest preserve as defined in subdivision six of section
9-0101 of the environmental conservation law;
(e)  the  location  of  any  program  licensed,  regulated, certified,
funded, or approved by the office of children and family  services  that
provides  services  to  children,  youth,  or  young adults, any legally
exempt childcare provider; a childcare program for  which  a  permit  to
operate  such  program  has  been issued by the department of health and
mental hygiene pursuant to the health code of the city of New York;
(f) nursery schools, preschools, and summer camps; provided  that  for
the  purposes  of  this  section,  nothing  shall  prohibit the activity
permitted under subdivisions seven-c, seven-d, and  seven-e  of  section
265.20  of  this  article where such activity occurs at a summer camp in
accordance with all applicable local, state, and  federal  laws,  rules,
and regulations;
(g)  the  location  of  any  program  licensed,  regulated, certified,
operated,  or  funded  by  the  office  for  people  with  developmental
disabilities;
(h)  the  location  of  any  program  licensed,  regulated, certified,
operated, or funded by office of addiction services and supports;
(i) the  location  of  any  program  licensed,  regulated,  certified,
operated, or funded by the office of mental health;
(j)  the  location  of  any  program  licensed,  regulated, certified,
operated,  or  funded  by  the  office  of  temporary   and   disability
assistance;
(k)   homeless  shelters,  runaway  homeless  youth  shelters,  family
shelters, shelters for adults, domestic violence shelters, and emergency
shelters, and residential programs for victims of domestic violence;
(l) residential settings licensed, certified,  regulated,  funded,  or
operated by the department of health;
(m)  in  or  upon  any  building  or  grounds, owned or leased, of any
educational institutions, colleges and  universities,  licensed  private
career  schools,  school  districts,  public  schools,  private  schools
licensed under article one hundred one of  the  education  law,  charter
schools,  non-public schools, board of cooperative educational services,
special act  schools,  preschool  special  education  programs,  private
residential  or  non-residential  schools  for the education of students
with disabilities, and any state-operated or state-supported schools;
(n) any place, conveyance, or vehicle used for  public  transportation
or  public  transit,  subway cars, train cars, buses, ferries, railroad,
omnibus, marine or aviation transportation; or any facility used for  or

in   connection  with  service  in  the  transportation  of  passengers,
airports, train stations, subway and rail stations, and bus terminals;
(o)  any  establishment  holding  an  active  license  for  on-premise
consumption pursuant to article  four,  four-A,  five,  or  six  of  the
alcoholic  beverage  control  law  where  alcohol  is  consumed  and any
establishment licensed under  article  four  of  the  cannabis  law  for
on-premise consumption;
(p)  any place used for the performance, art entertainment, gaming, or
sporting  events  such  as  theaters,  stadiums,  racetracks,   museums,
amusement  parks,  performance  venues,  concerts,  exhibits, conference
centers, banquet halls, and gaming facilities and video lottery terminal
facilities as licensed by the gaming commission;
(q) any location being used as a polling place;
(r) any public sidewalk or other public area restricted  from  general
public access for a limited time or special event that has been issued a
permit  for  such  time or event by a governmental entity, or subject to
specific, heightened law enforcement protection, or  has  otherwise  had
such  access restricted by a governmental entity, provided such location
is identified as such by clear and conspicuous signage;
(s)  any  gathering  of  individuals  to  collectively  express  their
constitutional rights to protest or assemble;
(t)  the  area  commonly  known  as  Times  Square,  as  such  area is
determined and identified by the city of New York;  provided  such  area
shall be clearly and conspicuously identified with signage.
3. This section shall not apply to:
(a)  qualified  law  enforcement  officers who are authorized to carry
concealed firearms pursuant to 18 U.S.C 926B, or qualified  retired  law
enforcement  officers  who  are  authorized  to carry concealed firearms
pursuant to 18 U.S.C. 926C;
(b)  persons  who  are  police  officers  as  defined  in  subdivision
thirty-four of section 1.20 of the criminal procedure law;
(c)  persons  who are designated peace officers by section 2.10 of the
criminal procedure law;
(d) persons who  were  employed  as  police  officers  as  defined  in
subdivision  thirty-four  of  section 1.20 of the criminal procedure law
but are retired;
(e) security guards as defined by and registered under article seven-A
of the general business law, who  have  been  granted  a  special  armed
registration  card, while at the location of their employment and during
their work hours as such a security guard;
(f) active-duty military personnel;
(g) persons licensed under paragraph (c), (d) or  (e)  of  subdivision
two  of section 400.00 of this chapter while in the course of his or her
official duties;
(h) a government employee under the express written  consent  of  such
employee's  supervising  government  entity  for the purposes of natural
resource protection and management;
(i) persons while lawfully engaged in taking of wildlife  or  attempts
to  take  wildlife pursuant to a hunting permit or license issued by the
department of environmental conservation,  or  as  otherwise  authorized
pursuant  to  the  environmental  conservation  law,  and  persons while
lawfully engaged in hunter education  training,  marksmanship  practice,
marksmanship  competition  or training, or training in the safe handling
and use of firearms, in accordance with all applicable local, state, and
federal laws, rules, and regulations;
(j) persons operating a program in a sensitive location out  of  their
residence,  which  is  licensed, certified, authorized, or funded by the
state or a municipality, so long as such  possession  is  in  compliance

with  any  rules  or  regulations  applicable  to  the operation of such
program and use or storage of firearms;
(k)  persons,  while acting in the scope of their official duties, who
are employed in the revenue control  and  security  departments  of  the
metropolitan  transportation  authority,  or  the  New York city transit
authority or an affiliate or subsidiary thereof, who are  authorized  to
carry a firearm as part of their employment;
(l)   persons  while  lawfully  engaged  in  historical  reenactments,
educational programming involving  historical  weapons  of  warfare,  or
motion  picture  or  theatrical  productions,  in  accordance  with  all
applicable local, state, and federal laws, rules and regulations;
(m) persons, while acting within the scope of their  official  duties,
who  are  responsible  for  the  storage or display of antique firearms,
rifles or shotguns at museums and historic sites;
(n) persons while participating in military ceremonies, funerals,  and
honor guards; or
(o)  persons while lawfully engaging in learning, practicing, training
for, competing in, or travelling into or  within  the  state  to  learn,
practice, train for, or compete in, the sport of biathlon, in accordance
with   all  applicable  local,  state,  and  federal  laws,  rules,  and
regulations.
Criminal possession of a firearm, rifle  or  shotgun  in  a  sensitive
location is a class E felony.