Great News!

Things are starting to look up - the courts are handing down some significant victories in our fight for our 2A rights.

Recently - the 2nd Circuit Court of Appeals re-established the right to carry in churches and synagogues. Additionally, Store owners and private citizens no longer need to post a sign that guns are welcome.  Further, the social media disclosure requisite for concealed carry license has been removed.

Slowly but surely the courts are beginning to recognize the failings of the Conceal Carry "Improvement" Act. 

Check back often for Updates on the MANY lawsuits surrounding the CCIA & the onerous Suffolk Pistol Bureau requirements
 

The NEW YORK CCIA - 

Penal Law § 265.01-e Criminal possession of a firearm, rifle or shotgun in a sensitive location.

  1. A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location.
     
  2. For the purposes of this section, a sensitive location shall mean:

    (a) any place owned or under the control of federal, state or local government, for the purpose of government administration, including courts;
    (b) any location providing health, behavioral health, or chemical dependence care or services;
    (c) any place of worship or religious observation;
    (d) libraries, public playgrounds, public parks, and zoos;
    (e) the location of any program licensed, regulated, certified, funded, or approved by the office of children and family services that provides services to children, youth, or young adults, any legally exempt childcare provider; a childcare program for which a permit to operate such program has been issued by the department of health and mental hygiene pursuant to the health code of the city of New York;
    (f) nursery schools, preschools, and summer camps;
    (g) the location of any program licensed, regulated, certified, operated, or funded by the office for people with developmental disabilities;
    (h) the location of any program licensed, regulated, certified, operated, or funded by office of addiction services and supports;
    (i) the location of any program licensed, regulated, certified, operated, or funded by the office of mental health;
    (j) the location of any program licensed, regulated, certified, operated, or funded by the office of temporary and disability assistance;
    (k) homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence;
    (l) residential settings licensed, certified, regulated, funded, or operated by the department of health;
    (m) in or upon any building or grounds, owned or leased, of any educational institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools licensed under article one hundred one of the education law, charter schools, non-public schools, board of cooperative educational services, special act schools, preschool special education programs, private residential or non-residential schools for the education of students with disabilities, and any state-operated or state-supported schools;
    (n) any place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals;
    (o) any establishment issued a license for on-premise consumption pursuant to article four, four-A, five, or six of the alcoholic beverage control law where alcohol is consumed and any establishment licensed under article four of the cannabis law for on-premise consumption;
    (p) any place used for the performance, art entertainment, gaming, or sporting events such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, and gaming facilities and video lottery terminal facilities as licensed by the gaming commission;
    (q) any location being used as a polling place;
    (r) any public sidewalk or other public area restricted from general public access for a limited time or special event that has been issued a permit for such time or event by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise had such access restricted by a governmental entity, provided such location is identified as such by clear and conspicuous signage;
    (s) any gathering of individuals to collectively express their constitutional rights to protest or assemble;
    (t) the area commonly known as Times Square, as such area is determined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage.
  3. This section shall not apply to:

    (a) consistent with federal law, law enforcement who qualify to carry under the federal law enforcement officers safety act, 18 U.S.C. 926C;
    (b) persons who are police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law;
    (c) persons who are designated peace officers by section 2.10 of the criminal procedure law;
    (d) persons who were employed as police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law but are retired;
    (e) security guards as defined by and registered under article seven-A of the general business law, who have been granted a special armed registration card, while at the location of their employment and during their work hours as such a security guard;
    (f) active-duty military personnel;
    (g) persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of his or her official duties;
    (h) a government employee under the express written consent of such employee's supervising government entity for the purposes of natural resource protection and management;
    (i) persons lawfully engaged in hunting activity, including hunter education training; or
    (j) persons operating a program in a sensitive location out of their residence, as defined by this section, which is licensed, certified, authorized, or funded by the state or a municipality, so long as such possession is in compliance with any rules or regulations applicable to the operation of such program and use or storage of firearms.

Criminal possession of a firearm, rifle or shotgun in a sensitive location is a class E felony.

Penal Law § 265.01-d Criminal possession of a weapon in a restricted location.

  1. A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle,  or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent.
     
  2. This section shall not apply to:

    (a) police officers as defined in section 1.20 of the criminal procedure law;
    (b) persons who are designated peace officers as defined in section 2.10 of the criminal procedure law;
    (c) persons who were employed as police officers as defined in section 1.20 of the criminal procedure law, but are retired;
    (d) security guards as defined by and registered under article seven-A of the general business law who has been granted  a special armed registration card, while at the location of their employment and during their work hours as such a security guard;
    (e) active-duty military personnel;
    (f) persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of his or her official duties; or
    (g) persons lawfully engaged in hunting activity. 

    Criminal possession of a weapon in a restricted location is a class E felony.

NYS Penal Code - Section 400.00 (19)  

19. Prior to the issuance or renewal of a license under paragraph (f)
of subdivision two of this section, issued or renewed on or after the
effective date of this subdivision, an applicant shall complete an
in-person live firearms safety course conducted by a duly authorized
instructor with curriculum approved by the division of criminal justice
services and the superintendent of state police, and meeting the
following requirements: (a) a minimum of sixteen hours of in-person live
curriculum approved by the division of criminal justice services and the
superintendent of state police, conducted by a duly authorized
instructor approved by the division of criminal justice services, and
shall include but not be limited to the following topics: (i) general
firearm safety; (ii) safe storage requirements and general secure
storage best practices; (iii) state and federal gun laws; (iv)
situational awareness; (v) conflict de-escalation; (vi) best practices
when encountering law enforcement; (vii) the statutorily defined
sensitive places in subdivision two of section 265.01-e of this chapter
and the restrictions on possession on restricted places under section
265.01-d of this chapter; (viii) conflict management; (ix) use of deadly
force; (x) suicide prevention; and (xi) the basic principles of
marksmanship; and (b) a minimum of two hours of a live-fire range
training course. The applicant shall be required to demonstrate
proficiency by scoring a minimum of eighty percent correct answers on a
written test for the curriculum under paragraph (a) of this subdivision
and the proficiency level determined by the rules and regulations
promulgated by the division of criminal justice services and the
superintendent of state police for the live-fire range training under
paragraph (b) of this subdivision. Upon demonstration of such
proficiency, a certificate of completion shall be issued to such
applicant in the applicant's name and endorsed and affirmed under the
penalties of perjury by such duly authorized instructor. An applicant
required to complete the training required herein prior to renewal of a
license issued prior to the effective date of this subdivision shall
only be required to complete such training for the first renewal of such
license after such effective date.

 

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