STATE OF NEW YORK
________________________________________________________________________
4937--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 9, 2021
___________
Introduced by M. of A. EPSTEIN, FERNANDEZ, J. RIVERA -- read once and
referred to the Committee on Local Governments -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, in relation to prohibiting police
officers from carrying or using a firearm during any phase of the
officer's official duties unless the officer has satisfactorily
completed a course of training that meets or exceeds the minimum stan-
dards established by the municipal police training council
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 840-a
2 to read as follows:
3 § 840-a. Municipal police; firearm use. No municipality shall allow
4 any police officer it employs to carry or use a firearm during any phase
5 of the officer's official duties, which constitutes on-duty employment,
6 unless the officer has satisfactorily completed a course of training
7 that meets or exceeds the minimum standards established by the municipal
8 police training council in the use of deadly physical force and
9 firearms, and annually receives instruction in the use of deadly phys-
10 ical force and firearms that meets or exceeds the minimum standards
11 established by the municipal police training council. All employers of
12 police officers shall conduct, or provide through another organization,
13 such training required by this section with sufficient frequency to
14 ensure there is no impact on a police officer's on-duty employment due
15 to lack of available training. A police officer shall not be transferred
16 from his or her precinct, command, assignment, post, squad, or tour of
17 duty as a result of such employer's failure to provide the training
18 required under this section. In addition, such employer's failure to
19 provide the training required under this section shall not impair a
20 police officer's ability to carry a firearm while off-duty.
21 § 2. This act shall take effect on the first of January next succeed-
22 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07515-03-1