BILL NUMBER: S5718
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to exempting private investi-
gators from restrictions on possessing a weapon in sensitive and
restrictive locations and clarifying where security guards may possess a
weapon
 
PURPOSE:
To expand the categories of individuals who are permitted to carry
firearms, including licensed private investigators.
 
SUMMARY OF PROVISIONS:
Section 1: Adds a new paragraph (e-1) to include private investigators
licensed under article seven of the general business law who are also
licensed to carry a firearm.
Section 2: Adds new paragraph (d-1) to include private investigators
licensed under Article seven of the general business law who are also
licensed to carry a firearm.
Section 3: Sets Effective Date.
 
JUSTIFICATION:
On July 1, 2022, the NYS legislature passed a law known as the Concealed
Carry Improvement Act (CCIA). The CCIA created an extensive list of
"sensitive" and "restricted" locations within NYS where firearm carrying
was prohibited, even by individuals who possessed a license to carry
such a firearm. The CCIA, however, exempted specific categories of indi-
viduals who were authorized and/or required to carry a concealed firearm
in the course of the performance of their duties from these particular
restrictions. The exempted individuals included, among others, Police
Officers, retired Police Officers, designated peace officers, active-
duty military personnel, and "Security guards as defined and registered
under article 7-A of the general business law have also been granted a
special armed registration card."
However, no such exemption was expressly included in the CCIA for
Licensed Private Investigators. Under Article 7 of general business law,
Licensed Private Investigators are by statute licensed to perform, and
frequently do perform, the same and similar duties to licensed armed
guards. They are also licensed to perform other activities within the
scope of their professional duties, which frequently require or dictate
that they be armed. Pistol licensing authorities throughout New York
State have historically recognized this fact and have routinely issued
concealed-carry pistol licenses to licensed Private Investigators.
This bill would add private investigators licensed under Article Seven
of general business law who are also licensed to carry a firearm to the
list of individuals exempt from the CCIA so that they may more effec-
tively perform their duties while ensuring public safety.
 
LEGISLATIVE HISTORY: Senate
2023: S7366A, Amend and Recommit to Codes
2024: S7366A, Referred to Codes
Assembly
2023: A7650, Referred to Codes
2024: A7650, Referred to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5718: 265.01-e penal law, 265.01-e(3) penal law, 265.01-d penal law, 265.01-d(2) penal law