BILL NUMBER: S1273
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to openly carrying a rifle or
shotgun
 
PURPOSE:
This bill aims to regulate the open carry of rifles and shotguns with
enumerated exceptions in order to promote public safety and align with
existing law in other states.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends the following subdivisions in § 265.01 of
the penal law as follows:
-subdivision 9 is amended to make a technical correction to ensure that
persons prohibited from possessing a firearm are also barred from
possessing a major component of such firearm;
-current subdivision 9* is renumbered subdivision 10, and gender-neutral
language is added; -current subdivision 10 is renumbered subdivision 11;
-new subdivision 12 is added to generally prohibit the open carry of a
rifle or shotgun and to define "openly carries" for the purposes of this
section as carrying a rifle or shotgun in any manner that renders such
rifle or shotgun, or any portion thereof, visible to others.
Section two of the bill adds a new subdivision (f) to § 265.20 to the
penal law to provide exceptions from the open carry prohibition as it
applies to rifles and shotguns.
Section three of the bill sets the effective date.
 
JUSTIFICATION:
Research suggests that the open carry of rifles and shotguns in public
spaces is correlated with an increase in aggressive and violent behav-
iors. According to the Giffords Law Center, carrying openly visible guns
in public can quickly turn arguments fatal, be used to intimidate and
suppress the First Amendment rights of others, and creates confusion for
law enforcement responding to a shooting.
The lack of licensing and restrictions on the open carry of long guns
has allowed bad actors to display these weapons while engaging in vari-
ous forms of intimidation including protests, counter-protests, intim-
idation in front of places of worship and places of reproductive health,
and even at voting locations with the intent to intimidate voters. The
open carry of long guns has also presented a safety concern to law
enforcement responding to emergencies in which active shooters have
opened fire within or around crowds. Open carry of unlicensed shotguns
and rifles makes it difficult for officials to identify and subsequently
stop active shooters as it becomes challenging to make distinctions when
several individuals are openly carrying weapons. Therefore, in order to
protect our citizens and promote a safe environment, it is necessary to
regulate the visible carrying of firearms in public.
The states of California, Connecticut, Florida, Hawaii, Illinois, along
with the District of Columbia, all currently prohibit the open carry of
long guns. Additionally, the states of Massachusetts, Minnesota, New
Jersey, Rhode Island, Tennessee, and Virginia currently have regulations
restricting the open carry of long guns. This bill will allow New York
to align with neighboring states and continue to be a leader on gun
violence prevention.
 
LEGISLATIVE HISTORY:
2024: S9137-A (Gianaris) PASSED SENATE / A10052-A (Sillitti) died in
codes
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.