Expert: Robert P. Firriolo - 3/16/2011

Question
Where can I find a reasonably complete listing of where one can and cannot carry a firearm in NYS (upstate)in non-legal terms?
I know not in schools, courts, State and Federal buildings but I hear rumors of not in hotels/motels and others.

Answer
I am not aware of any comprehensive listing of all such laws. Assuming that when we are talking about possession of firearms (i.e., handguns) it is with a license issued pursuant to Penal Law Article 400, the relevant provisions of state law are contained in the Penal Law, Environmental Conservation Law, and the state administrative Codes, Rules and Regulations.

Penal Law § 265.01(3) makes it a Class A misdemeanor to knowingly possess a handgun (as well as a rifle or shotgun) "in or upon a building or grounds, used for educational purposes, of any school, college or university, except the forestry lands, wherever located, owned and maintained by the State University of New York college of environmental science and forestry, without the written authorization of such educational institution." While the holder of a firearm license is exempt from other handgun possession offenses, Penal Law § 265.20(3) explicitly states that a licensee is not exempt from this ban on school grounds and bus possession.

A firearm license issued outside of New York City is not valid in the city unless validated by NYPD.

The Environmental Conservation Law regulates possession of firearms while hunting. It also regulates possession of certain implements such as silencers and some autoloading rifles while in "fields or forests" [See ECL 11-0931(1)] Importantly, ECL 11-0931(2) prohibits possession of a rifle or shotgun "in or on a motor vehicle unless it is unloaded ... in both the chamber and the magazine" with a narrow exception for hunting birds in a motorboat.

There are various provisions in the state Codes, Rules and Regulations regarding the possession of firearms. The NYCRR generally contains state agency rules and regulations adopted under the State Administrative Procedure Act. The maximum penalty for breaking those rules and regulations bearing upon firearms is generally not that of a crime but a "violation."

For example, there is an administrative ban on firearms in state parks in NY Comp. R. & Regs Title 9, Subtitle I, Chapter 1, Subchapter A, § 375.1(p)(1) ("no person, other than a member of a Federal, State or municipal law enforcement agency, shall introduce or possess, either upon the person or within a vehicle, or use any firearm or any instrument or weapon the propelling force of which is a spring, rubber or air or any ammunition or propellant therefor, or a bow and arrow, except for hunting where permitted by a rule or regulation of a regional park, recreation and historic preservation commission or pursuant to a permit issued according to the provisions of section 376.1(r) of this Title [repealed]).

NYS Parks Law § 27.11(1)(b) provides the enforcement provision ("Unless otherwise specifically provided, any person who violates any provision of this chapter, or of any law, ordinance, rule, regulation or order adopted pursuant thereto, shall be guilty of a violation....").

NYS Penal Law § 70.15 (4) sets sentences of imprisonment for violations at not more than 15 days. Penal Law § 80.05 (4) sets fines for violations as not more than $250. However, Penal Law § 10.00(6) explains that violations are not a "crime" because "'Crime' means a misdemeanor or a felony."

There are similar regulations in the NYCRR against possession of firearms on state property, including (but not limited to) certain Adirondack Mountain Reserve foot trail easements (tit. 6, § 190.28); at Belleayre and Whiteface ski areas except during hunting season (tit. 6, § 190.23); court houses (tit. 9, § 300-3.1(l)(1)); Stewart and Republic airports (tit. 17, § 78.43, 79.43); Metropolitan Suburban Bus Authority buses or transit centers (tit. 21, § 1045.11); Metro-North and LIRR trains unless licensed (tit. 21, §§ 1085.11, 1097.11); Port Authority Bus and Air Terminals (tit. 21, §§ 1220.30, 1260.26, 1275.9); mental hygiene facilities without permission of the facility director (tit. 14, § 45.1);  facilities licensed or operated by the Department of Mental Health (tit. 14, § 633.7); rest or parking areas or scenic overlooks (tit. 17, § 156.12); social services premises (tit. 18, § 678.4); residential child care facilities (tit. 18, § 441.19), canal system lands (tit. 21, § 150.6(e)(11); and video lottery gaming facilities (tit. 21, § 2836-19.4).

There are also federal laws and regulations prohibiting possession of firearms in a federal courthouse or federal facility, including post offices. See, for example, 18 USC § 930, 39 C.F.R. § 232.