S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5703
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       Introduced by M. of A. BRABENEC, DUPREY, RAIA, FINCH, BORELLI, McKEVITT,
         GRAF,  LUPINACCI, MILLER, LAWRENCE, MONTESANO -- Multi-Sponsored by --
         M. of A. DiPIETRO, McDONOUGH, WALTER -- read once and referred to  the
         Committee on Codes
       AN  ACT  to  amend the penal law, in relation to permitting active duty,
         off duty or retired law enforcement officers to possess a  firearm  on
         school  grounds,  and to permit such officers to carry more than seven
         rounds of ammunition
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision a of section 265.20 of the penal law is amended
    2  by adding a new paragraph 11-a to read as follows:
    3    11-A.  POSSESSION  OF  A LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT
    4  CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION OR IS OBTAINED  AFTER  THE
    5  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH
    6  ADDED THIS PARAGRAPH AND HAS A CAPACITY  OF,  OR  THAT  CAN  BE  READILY
    7  RESTORED  OR  CONVERTED TO ACCEPT, MORE THAN SEVEN ROUNDS OF AMMUNITION,
    8  BY AN ACTIVE DUTY, OFF DUTY OR RETIRED LAW ENFORCEMENT OFFICER.
    9    S 2. Section 265.01-a of the penal law, as added by chapter 1  of  the
   10  laws of 2013, is amended to read as follows:
   11  S 265.01-a[.] Criminal possession of a weapon on school grounds.
   12    A  person  is  guilty  of  criminal  possession  of a weapon on school
   13  grounds when he or she knowingly has in his or her possession  a  rifle,
   14  shotgun,  or  firearm  in or upon a building or grounds, used for educa-
   15  tional purposes, of any  school,  college,  or  university,  except  the
   16  forestry  lands,  wherever  located,  owned  and maintained by the State
   17  University of New York college of environmental science and forestry, or
   18  upon a school bus as defined in section one  hundred  forty-two  of  the
   19  vehicle  and  traffic  law,  without  the  written authorization of such
   20  educational institution, UNLESS SUCH PERSON IS AN ACTIVE DUTY, OFF  DUTY
   21  OR RETIRED LAW ENFORCEMENT OFFICER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08940-02-5
       A. 5703                             2
    1    Criminal possession of a weapon on school grounds is a class E felony.
    2    S  3.  Subdivision 8 of section 265.02 of the penal law, as amended by
    3  chapter 1 of the laws of 2013, is amended to read as follows:
    4    (8) Such person possesses a large capacity ammunition feeding  device,
    5  EXCEPT  IF HE OR SHE IS AN ACTIVE DUTY, OFF-DUTY OR RETIRED LAW ENFORCE-
    6  MENT OFFICER.  For purposes of this subdivision, a large capacity  ammu-
    7  nition  feeding  device  shall  not include an ammunition feeding device
    8  lawfully possessed by such person before the  effective  date  of  [the]
    9  chapter  ONE  of  the  laws  of two thousand thirteen which amended this
   10  subdivision, that has a capacity of, or that can be readily restored  or
   11  converted to accept more than seven but less than eleven rounds of ammu-
   12  nition,  or  that was manufactured before September thirteenth, nineteen
   13  hundred ninety-four, that has a capacity of,  or  that  can  be  readily
   14  restored or converted to accept, more than ten rounds of ammunition; or
   15    S 4. This act shall take effect immediately.