What's happening
This bill requires police and peace officers to immediately report any weapon discharge to their employing agency, with certain exceptions.
Why it matters
Establishes immediate accountability. By requiring officers to promptly report every time they discharge a weapon (outside of recreational, training, or hunting contexts), the bill creates a clear paper trail and allows agencies to monitor firearm use more closely.
Covers both on-duty and off-duty incidents. The reporting mandate applies regardless of whether the officer is working or off-duty, closing potential loopholes and ensuring that all weapon discharges are subject to the same level of oversight.
Imposes criminal penalties for non-compliance. Failure to report a qualifying weapon discharge is classified as a class A misdemeanor, signaling the seriousness of the requirement and providing a strong deterrent against non-reporting.
May enhance public trust and transparency. By formalizing and enforcing disclosure of firearm use, the legislation aims to build public confidence in law enforcement accountability practices and could facilitate more consistent internal review or public reporting.
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Who cares
Headline styles
Report Police Gun Use
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
320
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to requiring a police officer or peace officer to report the discharge of his or her weapon to the law enforcement agency employing such officer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 265.21 to read as follows: § 265.21 Discharge of weapon to be reported; police officers and peace
officers.
a. The time, date and purpose of each discharge of a rifle, shotgun, pistol, revolver or machine-gun by a police officer or peace officer shall be immediately reported to the law enforcement agency employing such officer, regardless of whether the police officer or peace officer was on or off duty at the time of such discharge of a weapon.
b. The requirements of subdivision a of this section shall not apply to any discharge of a weapon at an indoor or outdoor shooting range for the purpose of proficiency, target shooting or firearms competition, or to any discharge of a weapon for the purpose of hunting pursuant to title nine of article eleven of the environmental conservation law.
c. The failure to report pursuant to subdivision a of this section is a class A misdemeanor.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00115-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to requiring a police officer or peace officer to report the discharge of his or her weapon to the law enforcement agency employing such officer
Purpose
Requires police officers and peace officers to immediately report any discharge of their weapon to the agency which employs them.
Summary of provisions
The time, date and purpose of each discharge of a rifle, shotgun, pistol, revolver, or machine-gun by a police officer or peace officer shall be immediately reported to the law enforcement agency employing such officer, regardless of whether the police officer or peace officer was on or off duty at the time of such discharge of a weapon. Does not apply to any discharge of a weapon at an indoor or outdoor shooting range for the purpose of proficiency, target shooting, or firearms competition, or to any discharge of a weapon for the purpose of hunting pursuant to title nine of article eleven of the environmental conservation law.
Justification
The purpose of this bill is to hold a police officer or a peace officer accountable for their actions. In October 2007, an off-duty police officer shot and killed a man during a traffic dispute, left the scene of the incident and turned himself in 19 hours after the incident was reported on the news. Under current law it is not unlawful for a police or peace officer to fail to report the firing of his/her weapon. This bill will require the immediate reporting of the discharge of a weapon. Failure to do so will is a class A misdemeanor.
Legislative history
2015-2016- S2229 2013-2014 - S.72 2011-12: S.128 2010: S.7782
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.