BILL NUMBER: S239
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the executive law, the county law, the town law and
chapter 360 of the laws of 1911 relating to police in certain munici-
palities, in relation to the transfer, acceptance, or purchase of mili-
tary weapons from the United States government
 
PURPOSE OR GENERAL IDEA OF BILL:
The act amends several sections of law to prevent the authorization of
any transfer, acceptance, or purchase of military weapons from the
United States government.
 
SUMMARY OF PROVISIONS:
Section 1: The Executive Law is amended to prevent the Superintendent of
State Police, or his or her deputies, from authorizing the transfer,
acceptance, or purchase of military weapons from the United States
government.
Section 2: The Executive law is amended to exempt the NYPD and the State
police from the provisions of this bill for the purposes of counterter-
rorism.
Section 3: The County Law is amended to prevent the sheriff, or his or
her deputies from authorizing the transfer, acceptance, or purchase of
military weapons from the United States government.
Section 4: The town law is amended to prevent any town board or local
police department from authorizing the transfer, acceptance, or purchase
of military weapons from the United States government.
Section 5: The unconsolidated law is amended to prevent any law enforce-
ment agency not governed by other sections of law from authorizing the
transfer, acceptance, or purchase of military weapons from the United
States government.
Section 6: This act shall take effect immediately.
 
JUSTIFICATION:
The United States Department of Defense 1033 program allows for the
transfer of excess military equipment to local law enforcement agencies.
The program has provided local law enforcement with equipment such as
copy machines, chairs, and computers. This has saved localities and
police departments money through being able to accept these donations.
The 1033 program has also led to the donation of military-grade tactical
weapons to local precincts.
This has contributed to the over-militarization of local police depart-
ments. According to a 2014 report, law enforcement in New York has
accepted items such as tactical rifles, and small tanks. This legis-
lation would begin to address the over-militarization of local police
departments by preventing the purchase, or acceptance of any military
weapons or vehicles that come equipped with military weapons by State,
County, and local police departments. The bill does not prevent State,
County or local police departments from accepting things like non-weap-
onized utility vehicles, trucks, or vans where accepting through the
1033 program would save taxpayers money.
 
LEGISLATIVE HISTORY:
2023-24: S.111 Died in Finance
2019-22: S.511A/A.6867A (Epstein) - Referred to Finance
2019-20: S.8574 - Died in Rules
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S239: 212 executive law, 656 county law, 150 town law, 150(1) town law