Prohibits the possession of concealed firearms in national parks and national wildlife refuge systems

2 Co-sponsors

• Ruth Hassell-Thompson
• Liz Krueger

BILL NUMBER:S1201

Title of bill

An act to amend the parks, recreation and historic preservation law, in relation to prohibiting the possession of concealed firearms in national parks and national wildlife refuge systems

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 13.32 which will enact the prohibition 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 municipal 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 providing security services on park land, campgrounds or other publicly dedicated 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 weapons 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::

2009-10: A.2183C Reported Referred to Codes

2011-12: S.7441 2013-14: S.1034- Referred to Cultural Affairs, Tourism, Parks & Recreation

FISCAL IMPLICATIONS::

None.

EFFECTIVE DATE::

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.