STATE OF NEW YORK
        ________________________________________________________________________

                                          1394

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
          tee on Codes

        AN  ACT to amend the penal law, in relation to establishing the crime of
          criminal possession of a weapon in a polling place

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  6  of  section  400.00  of the penal law, as
     2  amended by chapter 212 of the laws  of  2022,  is  amended  to  read  as
     3  follows:
     4    6.  License:  validity.  Any  license  issued pursuant to this section
     5  shall be valid notwithstanding the provisions of any local law or  ordi-
     6  nance. No license shall be transferable to any other person or premises.
     7  A  license  to  carry or possess a pistol or revolver, or to purchase or
     8  take possession of a semiautomatic rifle, not otherwise  limited  as  to
     9  place  or  time  of possession, shall be effective throughout the state,
    10  except that the same shall not be valid within  the  city  of  New  York
    11  unless  a  special  permit  granting  validity  is  issued by the police
    12  commissioner of that city.  A license issued under this section does not
    13  authorize any person to carry a pistol  or  revolver  into  any  polling
    14  place  on  the  day of an election or while early voting is in progress.
    15  Such license to carry or possess shall be valid within the city  of  New
    16  York  in  the  absence  of a permit issued by the police commissioner of
    17  that city, provided that (a) the firearms covered by such  license  have
    18  been  purchased  from  a licensed dealer within the city of New York and
    19  are being transported out of said city forthwith  and  immediately  from
    20  said  dealer  by  the licensee in a locked container during a continuous
    21  and uninterrupted trip; or provided that (b)  the  firearms  covered  by
    22  such license are being transported by the licensee in a locked container
    23  and  the  trip  through  the city of New York is continuous and uninter-
    24  rupted; or provided that (c) the firearms covered by  such  license  are
    25  carried by armored car security guards transporting money or other valu-
    26  ables,  in,  to,  or from motor vehicles commonly known as armored cars,
    27  during the course of their employment; or provided that (d) the licensee
    28  is a retired police officer as police officer  is  defined  pursuant  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03264-01-3

        A. 1394                             2

     1  subdivision thirty-four of section 1.20 of the criminal procedure law or
     2  a retired federal law enforcement officer, as defined in section 2.15 of
     3  the  criminal procedure law, who has been issued a license by an author-
     4  ized  licensing  officer as defined in subdivision ten of section 265.00
     5  of this chapter; provided, further, however, that if  such  license  was
     6  not  issued  in  the  city of New York it must be marked "Retired Police
     7  Officer" or "Retired Federal Law Enforcement Officer", as the  case  may
     8  be, and, in the case of a retired officer the license shall be deemed to
     9  permit  only  police  or federal law enforcement regulations weapons; or
    10  provided that (e) the licensee is a peace officer described in  subdivi-
    11  sion four of section 2.10 of the criminal procedure law and the license,
    12  if  issued by other than the city of New York, is marked "New York State
    13  Tax Department Peace Officer" and in such case the exemption shall apply
    14  only to the firearm issued to such licensee by the department  of  taxa-
    15  tion  and finance. A license as gunsmith or dealer in firearms shall not
    16  be valid outside the city or county, as the case may be,  where  issued.
    17  Notwithstanding any inconsistent provision of state or local law or rule
    18  or  regulation, the premises limitation set forth in any license to have
    19  and possess a pistol or revolver in the licensee's dwelling or place  of
    20  business  pursuant  to  paragraph  (a) or (b) of subdivision two of this
    21  section shall not prevent the  transport  of  such  pistol  or  revolver
    22  directly  to  or  from  (i) another dwelling or place of business of the
    23  licensee where the licensee is  authorized  to  have  and  possess  such
    24  pistol  or  revolver,  (ii)  an indoor or outdoor shooting range that is
    25  authorized by law to operate as such, (iii) a  shooting  competition  at
    26  which  the  licensee may possess such pistol or revolver consistent with
    27  the provisions of subdivision a of section 265.20  of  this  chapter  or
    28  consistent  with the law applicable at the place of such competition, or
    29  (iv) any other location where the licensee  is  lawfully  authorized  to
    30  have  and possess such pistol or revolver; provided however, that during
    31  such transport to or from a location specified in  clauses  (i)  through
    32  (iv)  of  this  paragraph,  the pistol or revolver shall be unloaded and
    33  carried in a locked container, and  the  ammunition  therefor  shall  be
    34  carried  separately;  provided  further, however, that a license to have
    35  and possess a pistol or revolver in the licensee's dwelling or place  of
    36  business  pursuant  to  paragraph  (a) or (b) of subdivision two of this
    37  section that is issued by a licensing  officer  other  than  the  police
    38  commissioner  of the city of New York shall not authorize transport of a
    39  pistol or revolver into the city of New York in the absence  of  written
    40  authorization to do so by the police commissioner of that city. The term
    41  "locked container" shall not include the glove compartment or console of
    42  a vehicle.
    43    § 2. The penal law is amended by adding a new section 265.01-f to read
    44  as follows:
    45  § 265.01-f Criminal possession of  a weapon at a polling place.
    46    A  person  is  guilty  of criminal possession of a weapon at a polling
    47  place when  he or she knowingly has in his or her  possession  a  rifle,
    48  shotgun, or firearm in or  within one hundred feet of a polling place on
    49  the day of a primary, special or general  election or while early voting
    50  is  in progress. Nothing in this section shall apply to a police officer
    51  in the performance of his or her duties.
    52    Criminal possession of a weapon at a polling place is a class E  felo-
    53  ny.
    54    § 3. This act shall take effect immediately.