S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3304--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M.  of  A. CROUCH, BARCLAY, McDONOUGH, MONTESANO, FINCH,
         DUPREY, LOSQUADRO -- Multi-Sponsored by -- M. of A. OAKS -- read  once
         and  referred  to the Committee on Codes -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT to amend the penal law, in relation to exemptions for possession
         of firearms and other dangerous weapons
         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 17 to read as follows:
    3    17.  POSSESSION  OF  A  LARGE  CAPACITY  AMMUNITION FEEDING DEVICE, AS
    4  DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION 265.00 OF  THIS  ARTICLE,
    5  BY  ARMED  SECURITY  GUARDS  LICENSED PURSUANT TO ARTICLE SEVEN-A OF THE
    6  GENERAL BUSINESS LAW WHO POSSESS A  VALID  PISTOL  LICENSE  PURSUANT  TO
    7  SECTION  400.00  OF  THIS  CHAPTER  AND  HAVE SUCCESSFULLY COMPLETED THE
    8  FORTY-SEVEN  HOUR  FIREARMS  TRAINING  COURSE   SPECIFIED   IN   SECTION
    9  EIGHTY-NINE-N  OF  THE  GENERAL BUSINESS LAW WHILE IN THE PERFORMANCE OF
   10  THEIR OFFICIAL DUTIES.
   11    S 2.  Section 265.20 of the penal law  is  amended  by  adding  a  new
   12  subdivision e to read as follows:
   13    E. SECTION 265.01 SHALL NOT APPLY TO POSSESSION OF A TRUNCHEON, BATON,
   14  BLUDGEON,  BILLY  CLUB,  BLACKJACK, OR SIMILAR TYPE WEAPON BY A LICENSED
   15  ARMED SECURITY OFFICER. SUCH OFFICER SHALL BE REQUIRED TO HAVE APPROPRI-
   16  ATE TRAINING, AS THE SUPERINTENDENT OF STATE POLICE, BY REGULATION,  MAY
   17  PRESCRIBE,  IN  THE USE OF SUCH WEAPON, INCLUDING BUT NOT LIMITED TO THE
   18  DEFENSIVE USE OF SUCH WEAPON AND INSTRUCTION IN THE LEGAL USE OF  DEADLY
   19  PHYSICAL  FORCE  PURSUANT  TO  ARTICLE  THIRTY-FIVE OF THIS CHAPTER. THE
   20  POSSESSION OF SUCH WEAPON SHALL ONLY BE  PERMITTED  UNDER  THIS  SECTION
   21  WHEN  SUCH  OFFICER  IS  ENGAGED  IN HIS OR HER LAWFUL DUTIES RELATED TO
   22  EMPLOYMENT AS A LICENSED ARMED SECURITY OFFICER, OR IN  THE  TRANSPORTA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06277-02-3
       A. 3304--A                          2
    1  TION  TO  OR  FROM  SUCH  PERSON'S  HOME  TO OR FROM HIS OR HER PLACE OF
    2  EMPLOYMENT.
    3    S 3. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law. Effective immediately, the superintendent of
    5  state police may promulgate any rule or regulation related to the train-
    6  ing  requirement  under subdivision e of section 265.20 of the penal law
    7  as added by section two of this act.