What's happening
This bill requires police and peace officers to immediately report any discharge of their firearm to their employing agency, with certain exceptions.
Why it matters
Mandates transparency and accountability. by requiring officers to report every instance of firearm discharge—whether on or off duty—helping agencies track and review use-of-force incidents more systematically.
Applies criminal penalties. (class A misdemeanor) for failing to report, which could deter officers from omitting or concealing firearm discharges and may encourage adherence to proper protocols.
Exempts recreational and training discharges. (such as at shooting ranges or while hunting), focusing oversight and reporting requirements on incidents more likely to affect public safety or involve misuse of firearms.
Could impact officer conduct and agency procedures. , potentially leading to increased scrutiny of firearm use, adjustments in training, and changes in how departments monitor and audit officer behavior.
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Who cares
Police officers and peace officers
They would have to immediately report the time, date and purpose of covered firearm discharges, whether on or off duty, or face a class A misdemeanor.
Employing law enforcement agencies
They would receive required reports of covered firearm discharges by their officers, including off-duty discharges.
Officers who hunt or use shooting ranges
Discharges for hunting under the specified environmental conservation law provisions or for proficiency, target shooting or firearms competition at indoor or outdoor ranges would be exempt from reporting.
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
846
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. BENJAMIN -- 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.
LBD06068-01-9
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
Adds adding a new section 265.21 to the Penal Law to require "The time, date and purpose of each discharge of a rifle, shotgun, pistol, revol- ver, or machine-gun by a police officer or peace officer shall be imme- diately 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."
Existing law
No such requirement in state 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 offi- cer 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
2017-18: S.320 2015-2016: S.2229 2013-2014: S.72 2011-12: S.128 2010: S.7782
Fiscal implications
None
Local 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.