July 31, 2019

New York State Governor Andrew M. Cuomo signed bill limiting educational institutions' power to authorize the possession of a weapon on school grounds


Stating that "The answer to the gun violence epidemic plaguing this country has never been and never will be more guns, and today we're expanding New York's nation-leading gun safety laws to further protect our children," Governor Andrew M. Cuomo has signed legislation limiting an educational institution's ability to authorize any person who is not primarily employed as a school resource officer, law enforcement officer or security guard to carry a firearm on school grounds.

The bill amends §265.01-a of the New York State Penal  Law to read as follows [text in italics is new.]: 

§265.01-a[.] Criminal possession of a weapon on school grounds.

A person is guilty of criminal possession of a weapon on school  grounds when he or she knowingly has in his or her possession a rifle, shotgun, or firearm 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, or  upon a school bus as defined in section one hundred forty-two of the  vehicle and traffic law, without the written authorization of such  educational institution; provided, however no school, as defined in subdivision ten of section eleven hundred twenty-five of the education law, shall issue such written authorization to any teacher, school administrator, or other person employed at the school who is not primarily employed as a school resource officer, police officer, peace officer, or security guard who has been issued a special armed guard registration card as defined in section eighty-nine-f of the general business law, regardless of whether the person is employed directly by such school or by a third party.

Criminal possession of a weapon on school grounds is a class E felony.