STATE OF NEW YORK
________________________________________________________________________
5377
2023-2024 Regular Sessions
IN ASSEMBLY
March 9, 2023
___________
Introduced by M. of A. SHIMSKY -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to prohibiting the promotion
or sale of a weapon on public property
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 265.36 to
2 read as follows:
3 § 265.36 Unlawful promotion or sale of a weapon on public property.
4 A person is guilty of unlawful promotion or sale of a weapon on public
5 property when he or she promotes, sells, transfers, exchanges, gives or
6 disposes of any weapon situated upon property owned by the state or any
7 political subdivision thereof.
8 Unlawful promotion or sale of a weapon on public property is a class A
9 misdemeanor.
10 § 2. Subdivision 8 of section 400.00 of the penal law, as amended by
11 chapter 212 of the laws of 2022, is amended to read as follows:
12 8. License: exhibition and display. Every licensee while carrying a
13 pistol or revolver shall have on his or her person a license to carry
14 the same. Every person licensed to possess a pistol or revolver on
15 particular premises shall have the license for the same on such prem-
16 ises. Every person licensed to purchase or take possession of a semiau-
17 tomatic rifle shall have the license for the same on his or her person
18 while purchasing or taking possession of such weapon. Upon demand, the
19 license shall be exhibited for inspection to any peace officer, who is
20 acting pursuant to his or her special duties, or police officer. A
21 license as gunsmith or dealer in firearms shall be prominently displayed
22 on the licensed premises. A gunsmith or dealer of firearms may conduct
23 business temporarily at a location other than the location specified on
24 the license if such temporary location is the location for a gun show or
25 event sponsored by any national, state, or local organization, or any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09653-01-3
A. 5377 2
1 affiliate of any such organization devoted to the collection, compet-
2 itive use or other sporting use of firearms , provided that such show or
3 event is not located on property owned by the state or any political
4 subdivision thereof. Any sale or transfer at a gun show must also
5 comply with the provisions of article thirty-nine-DD of the general
6 business law. Records of receipt and disposition of firearms trans-
7 actions conducted at such temporary location shall include the location
8 of the sale or other disposition and shall be entered in the permanent
9 records of the gunsmith or dealer of firearms and retained on the
10 location specified on the license. Nothing in this section shall author-
11 ize any licensee to conduct business from any motorized or towed vehi-
12 cle. A separate fee shall not be required of a licensee with respect to
13 business conducted under this subdivision. Any inspection or examina-
14 tion of inventory or records under this section at such temporary
15 location shall be limited to inventory consisting of, or records related
16 to, firearms held or disposed at such temporary locations. Failure of
17 any licensee to so exhibit or display his or her license, as the case
18 may be, shall be presumptive evidence that he or she is not duly
19 licensed.
20 § 3. This act shall take effect on the ninetieth day after it shall
21 have become a law.