Relates to the minimum distance a firearm may be in the vicinity of school grounds, 1,000 feet

1 Co-sponsor

• Tony Avella

BILL NUMBER:S6433

Title of bill

An act to amend the environmental conservation law and the penal law, in relation to the minimum distance a firearm may be in the vicinity of school grounds

Purpose

To dissuade gun violence in and around the perimeter of school dwellings where such practice is unlawful and cause of unnecessary concern for children and families of a proximate school district.

Summary of provisions

Section 1: Amends section 11-0931 of the environmental conversation law to specify the discharging of a firearm, crossbow or long bow 1,000 feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied factory or church. This amended section, specifically "crossbow," is subjected to expiration in 2012.

Section 2: Amends section 11-0931 of the environmental conversation law to specify the discharging of a firearm or long bow 1,000 feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied factory or church.

Section 3: An amendment to section 10.00 of the penal law, to specify the meaning of "school grounds" and correlate the intent of this bill - to discharge a firearm, crossbow or long bow 1,000 feet from a school dwelling - in establishing consistency with this hereby act.

Section 4: Effective date of bill.

Existing law

Chapter 483 of the laws of 2010 allowed the legal usage of hunting with crossbows in New York. Previously, it was only allowed for and limited for usage by physically disabled individuals. Regarding the distance where a firearm, crossbow or long bow must be discharged when in the vicinity of a school ground dwelling, it was and has been stated as 500 feet. Chapter 483 of the laws of 2010 did not seek to change the distance.

Justification

The federal Gun Free School Zones Act requires firearms to be discharged within a distance of 1,000 feet from the grounds of a public, parochial or private school. This act, nor the federal Gun Free School Zones Act, does not impede an individual to possess a firearm contingent on qualifying for such license and bearing said license when asked. To establish consistency with federal guidelines, and to protect our children at any measure from gun violence, it is commendable and required of that the law is changed by passage of this

legislative intent to change the current distance of 500 feet to 1,000 feet.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Shall take effect on the sixtieth day after it becomes law. This shall be provided, however, that the amendments to subparagraph 2, paragraph 'a', subdivision 4, contained within section 11-0931 of the environmental conservation law, as made by section 1 of this act, shall be subjected to the expiration and reversion of such subdivision pursuant to Chapter 483 of the laws of 2010. Upon such enacted date of this act, the provisions of section 2 shall take effect.