N.Y. Penal Law Section 265.01-E
Criminal possession of a firearm, rifle or shotgun in a sensitive location


1.

A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location.

2.

For the purposes of this section, a sensitive location shall mean:

(a)

any place owned or under the control of federal, state or local government, for the purpose of government administration, including courts;

(b)

any location providing health, behavioral health, or chemical dependance care or services;

(c)

any place of worship, except for those persons responsible for security at such place of worship;

(d)

libraries, public playgrounds, public parks, and zoos, provided that for the purposes of this section a “public park” shall not include (i) any privately held land within a public park not dedicated to public use or (ii) the forest preserve as defined in subdivision six of Environmental Conservation Law § 9-0101 (Definitions)section 9-0101 of the environmental conservation law;

(e)

the location of any program licensed, regulated, certified, funded, or approved by the office of children and family services that provides services to children, youth, or young adults, any legally exempt childcare provider; a childcare program for which a permit to operate such program has been issued by the department of health and mental hygiene pursuant to the health code of the city of New York;

(f)

nursery schools, preschools, and summer camps; provided that for the purposes of this section, nothing shall prohibit the activity permitted under subdivisions seven-c, seven-d, and seven-e of section 265.20 of this article where such activity occurs at a summer camp in accordance with all applicable local, state, and federal laws, rules, and regulations;

(g)

the location of any program licensed, regulated, certified, operated, or funded by the office for people with developmental disabilities;

(h)

the location of any program licensed, regulated, certified, operated, or funded by office of addiction services and supports;

(i)

the location of any program licensed, regulated, certified, operated, or funded by the office of mental health;

(j)

the location of any program licensed, regulated, certified, operated, or funded by the office of temporary and disability assistance;

(k)

homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence;

(l)

residential settings licensed, certified, regulated, funded, or operated by the department of health;

(m)

in or upon any building or grounds, owned or leased, of any educational institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools licensed under article one hundred one of the education law, charter schools, non-public schools, board of cooperative educational services, special act schools, preschool special education programs, private residential or non-residential schools for the education of students with disabilities, and any state-operated or state-supported schools;

(n)

any place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals;

(o)

any establishment holding an active license for on-premise consumption pursuant to article four, four-A, five, or six of the alcoholic beverage control law where alcohol is consumed and any establishment licensed under article four of the cannabis law for on-premise consumption;

(p)

any place used for the performance, art entertainment, gaming, or sporting events such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, and gaming facilities and video lottery terminal facilities as licensed by the gaming commission;

(q)

any location being used as a polling place;

(r)

any public sidewalk or other public area restricted from general public access for a limited time or special event that has been issued a permit for such time or event by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise had such access restricted by a governmental entity, provided such location is identified as such by clear and conspicuous signage;

(s)

any gathering of individuals to collectively express their constitutional rights to protest or assemble;

(t)

the area commonly known as Times Square, as such area is determined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage.

3.

This section shall not apply to:

(a)

qualified law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C 926B, or qualified retired law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C. 926C;

(b)

persons who are police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law;

(c)

persons who are designated peace officers by section 2.10 of the criminal procedure law;

(d)

persons who were employed as police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law but are retired;

(e)

security guards as defined by and registered under article seven-A of the general business law, who have been granted a special armed registration card, while at the location of their employment and during their work hours as such a security guard;

(f)

active-duty military personnel;

(g)

persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of his or her official duties;

(h)

a government employee under the express written consent of such employee’s supervising government entity for the purposes of natural resource protection and management;

(i)

persons while lawfully engaged in taking of wildlife or attempts to take wildlife pursuant to a hunting permit or license issued by the department of environmental conservation, or as otherwise authorized pursuant to the environmental conservation law, and persons while lawfully engaged in hunter education training, marksmanship practice, marksmanship competition or training, or training in the safe handling and use of firearms, in accordance with all applicable local, state, and federal laws, rules, and regulations;

(j)

persons operating a program in a sensitive location out of their residence, which is licensed, certified, authorized, or funded by the state or a municipality, so long as such possession is in compliance with any rules or regulations applicable to the operation of such program and use or storage of firearms;

(k)

persons, while acting in the scope of their official duties, who are employed in the revenue control and security departments of the metropolitan transportation authority, or the New York city transit authority or an affiliate or subsidiary thereof, who are authorized to carry a firearm as part of their employment;

(l)

persons while lawfully engaged in historical reenactments, educational programming involving historical weapons of warfare, or motion picture or theatrical productions, in accordance with all applicable local, state, and federal laws, rules and regulations;

(m)

persons, while acting within the scope of their official duties, who are responsible for the storage or display of antique firearms, rifles or shotguns at museums and historic sites;

(n)

persons while participating in military ceremonies, funerals, and honor guards; or

(o)

persons while lawfully engaging in learning, practicing, training for, competing in, or travelling into or within the state to learn, practice, train for, or compete in, the sport of biathlon, in accordance with all applicable local, state, and federal laws, rules, and regulations. Criminal possession of a firearm, rifle or shotgun in a sensitive location is a class E felony.

Source: Section 265.01-E — Criminal possession of a firearm, rifle or shotgun in a sensitive location, https://www.­nysenate.­gov/legislation/laws/PEN/265.­01-E (updated May 12, 2023; accessed Apr. 20, 2024).

265.00
Definitions
265.01
Criminal possession of a weapon in the fourth degree
265.01‑A
Criminal possession of a weapon on school grounds
265.01‑B
Criminal possession of a firearm
265.01‑C
Criminal possession of a rapid-fire modification device
265.01‑D
Criminal possession of a weapon in a restricted location
265.01‑E
Criminal possession of a firearm, rifle or shotgun in a sensitive location
265.02
Criminal possession of a weapon in the third degree
265.03
Criminal possession of a weapon in the second degree
265.04
Criminal possession of a weapon in the first degree
265.05
Unlawful possession of weapons by persons under sixteen
265.06
Unlawful possession of a weapon upon school grounds
265.07
Registration and serialization of firearms, rifles, shotguns, finished frames or receivers, and unfinished frames or receivers
265.08
Criminal use of a firearm in the second degree
265.09
Criminal use of a firearm in the first degree
265.10
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
265.11
Criminal sale of a firearm in the third degree
265.12
Criminal sale of a firearm in the second degree
265.13
Criminal sale of a firearm in the first degree
265.14
Criminal sale of a firearm with the aid of a minor
265.15
Presumptions of possession, unlawful intent and defacement
265.16
Criminal sale of a firearm to a minor
265.17
Criminal purchase or disposal of a weapon
265.19
Aggravated criminal possession of a weapon
265.20
Exemptions
265.25
Certain wounds to be reported
265.26
Burn injury and wounds to be reported
265.30
Certain convictions to be reported
265.35
Prohibited use of weapons
265.37
Unlawful possession of certain ammunition feeding devices
265.38
Unlawful sale of a non-microstamping-enabled firearm
265.40
Purchase of rifles and/or shotguns in contiguous states
265.45
Failure to safely store rifles, shotguns, and firearms in the first degree
265.50
Criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun
265.50*2
Failure to safely store rifles, shotguns, and firearms in the second degree
265.55
Criminal possession of an undetectable firearm, rifle or shotgun
265.60
Criminal sale of a ghost gun in the second degree
265.61
Criminal sale of a ghost gun in the first degree
265.63
Criminal sale of a frame or receiver in the second degree
265.64
Criminal sale of a frame or receiver in the first degree
265.65
Criminal purchase of a semiautomatic rifle
265.66
Criminal sale of a semiautomatic rifle

Accessed:
Apr. 20, 2024

Last modified:
May 12, 2023

§ 265.01-E’s source at nysenate​.gov

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