BILL NUMBER: S5466
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the penal law, in relation to permitting certain federal
law enforcement officers and retired officers to possess firearms,
rifles and shotguns in restricted and sensitive locations
 
PURPOSE GENERAL IDEA OF BILL:
To add current and retired law enforcement officers to the list of
people exempted from prohibitions on the concealed carry of firearms in
restricted and sensitive locations.
 
SUMMARY OF PROVISIONS:
Section one amends penal law section 265.01-e to include retired federal
law enforcement who obtain a license for a pistol or revolver through
their local licensing authority to the list of law enforcement officers
exempted from prohibitions on possession of a firearm, rifle or shotgun
in sensitive locations.
Section two amends penal law section 265.0-d to include retired federal
law enforcement to the list of law enforcement officers exempted from
prohibitions on possession of a firearm, rifle or shotgun in restricted
locations.
Section three amends the penal law section 265.00 to include a defi-
nition for federal law enforcement.
Section four is the effective date.
 
JUSTIFICATION:
The conceal carry law that permits certain law enforcement officers to
possess firearms, rifles and shotguns in restricted and sensitive
locations erroneously subjects retired law enforcement officers to
different standards depending on whether they retired from federal,
state or local law enforcement.
For example, penal law section 265.01-e authorizes retired federal law
enforcement who take the HR 218 firearms course yearly and retired
police officers who obtain a license through their local licensing
authority to possess firearms, rifles and shotguns in sensitive
locations. However, the law does not allow retired federal law enforce-
ment who obtain a license through their local licensing authority to
qualify to possess a firearm, rifle or shotgun in sensitive locations.
The change in section one of the bill addresses this oversight by adding
retired federal law enforcement who obtain a license through their local
licensing authority to the list of law enforcement allowed to possess
firearms, rifles and shotguns in sensitive locations.
Additionally, penal law section 265.01-d authorizes current and retired
police officers to possess firearms, rifles and shotguns in restricted
locations but does not allow for possession by federal law enforcement
in restricted locations. The change in section two of the bill addresses
this oversight by adding retired federal law enforcement who take the HR
218 firearms course yearly and retired federal law enforcement who
obtain a license through their local licensing authority to possess
firearms, rifles and shotguns in restricted locations.
 
PRIOR LEGISLATIVE HISTORY:
2024 - S552
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the same date and the same manner as chap-
ter 371 of the laws of 2022 takes effect.

Statutes affected:
S5466: 265.00 penal law