A07183 Summary:

BILL NO    A07183 

SAME AS    No same as

SPONSOR    Englebright (MS)

COSPNSR    Schimel, Paulin, Jaffee, Eddington, Espaillat, O'Donnell, Hooper

MLTSPNSR   Glick, Greene, McEneny

Add S13.31, Pks & Rec L

Prohibits the possession of concealed firearms in any park, campground or other
recreation area; imposes a civil penalty of not more than $1,000 for a
violation thereof.

A07183 Actions:

BILL NO    A07183 

03/25/2009 referred to tourism, arts and sports development

A07183 Votes:

A07183 Memo:

BILL NUMBER:A7183

TITLE OF BILL:  An act to amend the parks, recreation and historic pres-
ervation  law,  in  relation  to prohibiting the possession of concealed
firearms in parks, campgrounds and other public recreation areas

PURPOSE OR GENERAL IDEA OF THE  BILL:  to  prohibit  the  possession  of
concealed firearms in any park, campground or other recreation area

SUMMARY OF PROVISIONS: the parks, recreation and historical preservation
law is amended by adding a new section 13.31 which will enact the prohi-
bition  of  concealed  firearms  in  parks, campgrounds and other public
recreation areas. Except as  provided  in  this  section  and  otherwise
specifically  permitted  in  law,  no  person,  other than a member of a
federal, state or municipal law enforcement agency, shall  introduce  or
possess,  either  upon  his  or  her person or within a vehicle or other
place of storage, any concealed firearm in any federal, state or munici-
pal park, campground or other publicly dedicated recreation area.

The prohibition in subdivision one of this section shall not  apply:  to
any  campground  under  jurisdiction  of the department of environmental
conservation only during the spring and fall hunting seasons; and to any
person employed by a private security firm which has contracted with the
public agency having jurisdiction over the park,  campground  or  public
recreation  area  for  services  on the property under the jurisdiction,
custody and control of such public agency who shall be  permitted,  with
the  approval  of  such  public  agency, to carry or possess a concealed
firearm supplied by his/her employer in the course of his/her employment
on such property, provided that such  person  is  licensed  pursuant  to
section 400.00 of the penal law and meets such minimum qualifications as
may  be established by such public agency. In addition, any firm provid-
ing security services on park land, campgrounds or other publicly  dedi-
cated  recreation  area  lands shall provide public liability insurance,
naming the appropriate federal government, state or municipal agency  as
an insured party, in such amounts as the public agency with jurisdiction
shall require.

A  violation  of  the  provisions  of this section shall be subject to a
civil penalty not to exceed one thousand dollars.

JUSTIFICATION: a new Federal Regulation (36 CFR Part 2 and 50  CFR  Part
27) enacted in December, 2008 allows for the carrying of concealed weap-
ons  in  National Parks and National Wildlife Areas by those licensed to
carry such weapons by State law. This  new  federal  regulation  creates
confusing, burdensome, and unnecessary inconsistencies regarding firearm
regulations  as  it  conflicts  with  current  State  Park and DEC rules
prohibiting the carrying of  concealed  firearms.  In  the  interest  of
public  safety  and  the  protection  of  natural  resources, as well as
consistency of statute among State, Federal and Municipal parklands,  it
is  necessary  to  prohibit  the possession of concealed firearms in any
park, campground or other public recreation area within the State.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.