What's happening
This bill allows family court judges, county court judges, family support magistrates, and referees to possess firearms in restricted and sensitive locations.
Why it matters
Expands self-defense options for court officials. By allowing family court judges, county court judges, family support magistrates, and referees to carry firearms in places typically considered sensitive or restricted, this bill may increase their ability to protect themselves in potentially volatile environments, such as courthouses or during contentious proceedings.
Signals a shift in state policy on guns in sensitive locations. New York has previously restricted firearms in sensitive areas, especially after recent Supreme Court rulings. This legislation carves out new exceptions for certain officials, potentially influencing how other sensitive locations (like schools or hospitals) might handle similar requests in the future.
Could impact perceptions of court safety and neutrality. The visible presence or knowledge that court officials could be armed might affect how litigants, attorneys, and the public perceive the safety, impartiality, or atmosphere of the courtroom, particularly in emotionally charged family law cases.
Highlights ongoing debate over balancing security and gun restrictions. This bill reflects broader tensions between efforts to limit firearms in public spaces for general safety and the desire to provide certain public servants with means of personal protection, raising questions about where and for whom exceptions should apply.
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Who cares
Family Court and County Court judges
The bill would exempt them from Penal Law prohibitions on possessing weapons in sensitive and restricted locations.
Family support magistrates and referees
They would receive the same sensitive- and restricted-location exemptions as the judges covered by the bill.
Law enforcement agencies and prosecutors
They would need to account for the new exemptions when enforcing weapons prohibitions in sensitive and restricted locations.
Headline styles
Let Judges Carry Guns
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
507
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. PALUMBO -- 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 permitting certain court officials to possess weapons, firearms, rifles and shotguns in restricted and sensitive locations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (n) and (o) of subdivision 3 of section 265.01-e of the penal law, paragraph (n) as amended and paragraph (o) as added by section 1 of part F of chapter 55 of the laws of 2023, are amended and a new paragraph (p) is added to read as follows:
(n) persons while participating in military ceremonies, funerals, and honor guards; [or]
(o) persons while lawfully engaging in learning, practicing, training for, competing in, or travelling into or within the state to learn, practice, train for, or compete in, the sport of biathlon, in accordance with all applicable local, state, and federal laws, rules, and regulations[.]; or
(p) family court judges, county court judges, family support magistrates and referees.
§ 2. Paragraphs (g) and (h) of subdivision 2 of section 265.01-d of the penal law, as amended by section 2 of part F of chapter 55 of the laws of 2023, are amended and a new paragraph (i) is added to read as follows:
(g) persons while lawfully engaged in taking of wildlife or attempts to take wildlife pursuant to a hunting permit or license issued by the department of environmental conservation, or as otherwise authorized pursuant to section 11-0707 and 11-0709 of the environmental conservation law; [or]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02120-01-5
(h) persons, while acting in the scope of their official duties, who are employed in the revenue control and security departments of the metropolitan transportation authority, or the New York city transit authority or an affiliate or subsidiary thereof, who are authorized to carry a firearm as part of their employment[.]; or
(i) family court judges, county court judges, family support magistrates and referees.
§ 3. This act shall take effect immediately.
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 permitting certain court officials to possess weapons, firearms, rifles and shotguns in restricted and sensitive locations
Purpose
This legislation will exempt family court judges, county court judges, family support magistrates and referees from the Concealed Carry Improvement Act (CCIA) which will allow them to carry legally owned firearms for protection.
Summary of provisions
Sections 1 and 2 are amended to include family court judges, county court judges, family support magistrates and referees.
Section 3 sets for the effective date.
Justification
The Supreme Court in New York has two branches, Criminal Term and Civil Term in each of the five boroughs. The Criminal Term of the Supreme Court handles various felony and misdemeanor cases, including murder, burglaries, conspiracies, weapons charges, drugs and traffic cases. Due to the potentially threatening environment, the judges are allowed to carry legally owned firearms.
However, outside of New York City, several felony cases are handled by county court judges as no such Supreme Criminal Term exists. This exemption is needed to bring the rest of the State into compliance. These judges also receive death threats and can be in harm's way so they too should be allowed to protect themselves.
Legislative history
2024 S./8808
Fiscal implications
EFFECTIVE DATE: Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.