New York S 1273: Prohibits openly carrying a rifle or shotgun

Bill Text

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S01273 Summary:

BILL NOS01273 

&nbsp

SAME ASNo Same As

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SPONSORGIANARIS

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COSPNSRCLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, STAVISKY

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MLTSPNSR

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Amd §§265.01 & 265.20, Pen L

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Prohibits openly carrying a rifle or shotgun; establishes exemptions from such prohibition.

Go to top S01273 Actions:

BILL NOS01273 

&nbsp

01/09/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01273 Committee&nbspVotes:

Go to topS01273 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01273 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1273

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sens. GIANARIS, CLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SI-
 GAL, JACKSON, STAVISKY -- 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 openly carrying a rifle or
 shotgun

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 9, 9, and 10 of section 265.01 of the penal
 2 law, subdivision 9 as added by chapter 519 of the laws of 2021, subdivi-
 3 sion 9 as amended by chapter 149 of the laws of 2022, and subdivision 10
 4 as amended by chapter 94 of the laws of 2022, are amended and a new
 5 subdivision 12 is added to read as follows:
 6 (9) Such person possesses a major component of a firearm, rifle, or
 7 shotgun and such person is prohibited from possessing a firearm, shotgun
 8 or rifle pursuant to:
 9 (i) this article;
 10 (ii) subsection (g) of section 922 of title 18 of the United States
 11 Code; or
 12 (iii) a temporary or final extreme risk protection order issued under
 13 article sixty-three-A of the civil practice law and rules; or
 14 [(9)] (10) Such person is not licensed as a gunsmith or a dealer in
 15 firearms pursuant to section 400.00 of this chapter and, knowing it is a
 16 ghost gun, such person possesses a ghost gun, provided that a person
 17 shall not be guilty under this subdivision when [he or she] such person
 18 (a) voluntarily surrenders such ghost gun to any law enforcement offi-
 19 cial designated pursuant to subparagraph (f) of paragraph one of subdi-
 20 vision [(a)] a of section 265.20 of this article; or (b) for a period of
 21 six months after the effective date of this section possesses a ghost
 22 gun prior to serialization and registration of such ghost gun pursuant
 23 to section 265.07 of this article[.]; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00731-01-5

 S. 1273 2

 1 [(10)] (11) Such person is not licensed as a gunsmith or dealer in
 2 firearms pursuant to section 400.00 of this chapter and, knowing it is
 3 an unserialized frame or receiver or unfinished frame or receiver, such
 4 person possesses an unserialized frame or receiver or unfinished frame
 5 or receiver, provided that for a period of six months after the effec-
 6 tive date of this subdivision, a person shall not be guilty under this
 7 subdivision when such person: (a) voluntarily surrenders such unserial-
 8 ized frame or receiver or unfinished frame or receiver to any law
 9 enforcement official designated pursuant to subparagraph (f) of para-
 10 graph one of subdivision [(a)] a of section 265.20 of this article; or
 11 (b) possesses such unserialized frame or receiver or unfinished frame or
 12 receiver prior to serialization of such unserialized frame or receiver
 13 or unfinished frame or receiver in accordance with the requirements
 14 imposed on licensed importers and licensed manufacturers pursuant to
 15 subsection (i) of Section 923 of Title 18 of the United States Code and
 16 regulations issued pursuant thereto, except for antique firearms as
 17 defined in subdivision fourteen of section 265.00 of this article, as
 18 added by chapter nine hundred eighty-six of the laws of nineteen hundred
 19 seventy-four, or any firearm, rifle or shotgun manufactured prior to
 20 nineteen hundred sixty-eight[.]; or
 21 (12) Such person openly carries a rifle or shotgun on or about such
 22 person. For the purposes of this subdivision, "openly carries" means to