S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5479
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL, PAULIN, JAFFEE, O'DONNELL,
         HOOPER, ROSENTHAL -- Multi-Sponsored by -- M. of A. GLICK,  MARKEY  --
         read  once  and  referred to the Committee on Tourism, Parks, Arts and
         Sports Development
       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
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The legislature hereby finds that the
    2  national  parks  and  national  wildlife refuge systems in the state are
    3  attractive places for citizens of all ages to safely enjoy the  benefits
    4  of healthy and safe outdoor activity. The legislature further finds that
    5  the  presence of concealed firearms in national parks and national wild-
    6  life refuge systems represents an  unnecessary  threat,  whether  inten-
    7  tional or unintentional, to the health and safety of citizens invited to
    8  enjoy  these  public  recreational opportunities as well as the wildlife
    9  preserved within such recreation areas. Therefore, it is the purpose  of
   10  the  legislature to protect the health, safety and welfare of the public
   11  and prohibit the possession of a concealed firearm in all national parks
   12  and national wildlife refuge systems, except as specifically provided by
   13  law.
   14    S 2. The parks, recreation and historic preservation law is amended by
   15  adding a new section 13.32 to read as follows:
   16    S 13.32 PROHIBITION  OF  CONCEALED  FIREARMS  IN  NATIONAL  PARKS  AND
   17  NATIONAL WILDLIFE REFUGE SYSTEMS.  1. EXCEPT AS PROVIDED IN THIS SECTION
   18  AND  OTHERWISE  SPECIFICALLY  PERMITTED  IN LAW, NO PERSON, OTHER THAN A
   19  MEMBER OF A FEDERAL, STATE OR MUNICIPAL LAW ENFORCEMENT  AGENCY  AUTHOR-
   20  IZED  TO  CARRY  A CONCEALED FIREARM, SHALL INTRODUCE OR POSSESS, EITHER
   21  UPON HIS OR HER PERSON OR WITHIN A VEHICLE OR OTHER  PLACE  OF  STORAGE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00528-01-3
       A. 5479                             2
    1  ANY  CONCEALED  FIREARM IN ANY NATIONAL PARK OR NATIONAL WILDLIFE REFUGE
    2  SYSTEM.
    3    2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:
    4    (A) TO THE EXTENT THE FIREARM IS USED IN CONNECTION WITH HUNTING WHERE
    5  AUTHORIZED BY STATE AND FEDERAL LAW; AND
    6    (B) TO PRIVATELY OWNED RESIDENCES WITHIN ANY NATIONAL PARK OR NATIONAL
    7  WILDLIFE REFUGE SYSTEM.
    8    3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
    9  CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
   10    S 3. This act shall take effect on the first of November next succeed-
   11  ing the date on which it shall have become a law.