S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4797
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2013
                                      ___________
       Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law, in  relation  to  permitting  retired  or
         off-duty  law  enforcement  officers  to  possess  a firearm on school
         grounds, and to permit retired or off-duty law enforcement officers to
         carry more than ten rounds of ammunition
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
    2  the laws of 2013, is amended to read as follows:
    3  S 265.01-a. Criminal possession of a weapon on school grounds.
    4    A  person  is  guilty  of  criminal  possession  of a weapon on school
    5  grounds when he or she IS NOT A  RETIRED  OR  OFF-DUTY  LAW  ENFORCEMENT
    6  OFFICER, AND knowingly has in his or her possession a rifle, shotgun, or
    7  firearm in or upon a building or grounds, used for educational purposes,
    8  of  any school, college, or university, except the forestry lands, wher-
    9  ever located, owned and maintained by the State University of  New  York
   10  college  of  environmental science and forestry, or upon a school bus as
   11  defined in section one hundred forty-two of the vehicle and traffic law,
   12  without the written authorization of such educational institution.
   13    Criminal possession of a weapon on school grounds is a class E felony.
   14    S 2. Subdivision 8 of section 265.02 of the penal law, as  amended  by
   15  chapter 1 of the laws of 2013, is amended to read as follows:
   16    (8)  Such person possesses a large capacity ammunition feeding device,
   17  EXCEPT IF HE OR SHE IS A RETIRED OR OFF-DUTY  LAW  ENFORCEMENT  OFFICER.
   18  For  purposes  of  this subdivision, a large capacity ammunition feeding
   19  device shall not include an ammunition feeding device lawfully possessed
   20  by such person before the effective date of the chapter of the  laws  of
   21  two thousand thirteen which amended this subdivision, that has a capaci-
   22  ty  of, or that can be readily restored or converted to accept more than
   23  seven but less than eleven rounds of ammunition, or  that  was  manufac-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06417-02-3
       A. 4797                             2
    1  tured  before  September  thirteenth, nineteen hundred ninety-four, that
    2  has a capacity of, or that can  be  readily  restored  or  converted  to
    3  accept, more than ten rounds of ammunition; or
    4    S  3.  This  act  shall  take  effect on the same date and in the same
    5  manner as sections 41 and 41-b of chapter 1 of the laws of  2013,  takes
    6  effect.