STATE OF NEW YORK
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6828
2017-2018 Regular Sessions
IN ASSEMBLY
March 21, 2017
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Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to restricting the locations
of gunsmiths and dealers in firearms in relation to day cares, educa-
tional facilities, and places of worship
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 400.00 of the penal law is amended by adding a new
2 subdivision 18 to read as follows:
3 18. No license shall be granted for any gunsmith or dealer in firearms
4 to operate:
5 (a) on the same street or avenue and within five hundred feet of a
6 building occupied as a child day care or educational facility, or exclu-
7 sively occupied as a place of worship; or
8 (b) in a city, town or village having a population of twenty thousand
9 or more within five hundred feet of three or more existing gunsmiths or
10 dealers in firearms licensed and operating pursuant to this section; and
11 (c) the measurements in paragraphs (a) and (b) of this subdivision are
12 to be taken in straight lines from the center of the nearest entrance of
13 the premises sought to be licensed to the center of the nearest entrance
14 of such child day care or educational facility, or other place of
15 worship or to the center of the nearest entrance of each such premises
16 of existing gunsmiths or dealers in firearms licensed and operating
17 pursuant to this section; except, however, that no license shall be
18 denied to any premises at which a license under this chapter has been in
19 existence continuously from a date prior to the date when a building on
20 the same street or avenue and within five hundred feet of said premises
21 has been occupied as a child day care or educational facility, or exclu-
22 sively occupied as a place of worship; and except that no license shall
23 be denied to any premises, which is within five hundred feet of three or
24 more existing gunsmiths or dealers in firearms licensed and operating
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01945-01-7
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1 pursuant to this section, at which a license under this chapter has been
2 in existence continuously on or prior to November first, two thousand
3 seventeen.
4 (d) Within the context of this subdivision, the word "entrance" shall
5 mean a door regularly used to give ingress to a child day care or educa-
6 tional facility, a house of worship, premises licensed and operating
7 pursuant to this section by a gunsmith or dealer in firearms or of the
8 premises sought to be licensed. Where a child day care or educational
9 facility, a house of worship, or premises licensed and operating pursu-
10 ant to this section by a gunsmith or dealer in firearms or the premises
11 sought to be licensed is set back from a public thoroughfare, the walk-
12 way or stairs leading to any such door shall be deemed an entrance and
13 the measurement shall be taken to the center of the walkway or stairs at
14 the point where it meets the building line or public thoroughfare. A
15 door which has no exterior hardware, or which is used solely as an emer-
16 gency or fire exit, or for maintenance purposes, or which leads directly
17 to a part of a building not regularly used by the general public or
18 patrons, is not deemed an "entrance".
19 (e) Within the context of this subdivision, a "child day care or
20 educational facility" means (i) in or on or within any building, struc-
21 ture, athletic playing field, a playground or land contained within the
22 real property boundary line of a public or private child day care center
23 as such term is defined in paragraph (c) of subdivision one of section
24 three hundred ninety of the social services law, or nursery, pre-kinder-
25 garten or kindergarten, or (ii) any area accessible to the public
26 located within one thousand feet of the real property boundary line
27 comprising any such facility. For the purposes of this section an "area
28 accessible to the public" shall mean sidewalks, streets, parking lots,
29 parks, playgrounds, stores and restaurants.
30 (f) Within the context of this subdivision, a building occupied as a
31 place of worship does not cease to be "exclusively" occupied as a place
32 of worship by incidental uses that are not of a nature to detract from
33 the predominant character of the building as a place of worship, such
34 uses which include, but which are not limited to: the conduct of legally
35 authorized games of bingo or other games of chance held as a means of
36 raising funds for the not-for-profit religious organization which
37 conducts services at the place of worship or for other not-for-profit
38 organizations or groups; use of the building for fund-raising perform-
39 ances by or benefitting the not-for-profit religious organization which
40 conducts services at the place of worship or other not-for-profit organ-
41 izations or groups; the use of the building by other religious organiza-
42 tions or groups for religious services or other purposes; the conduct of
43 social activities by or for the benefit of the congregants; the use of
44 the building for meetings held by organizations or groups providing
45 bereavement counseling to persons having suffered the loss of a loved
46 one, or providing advice or support for conditions or diseases includ-
47 ing, but not limited to, alcoholism, drug addiction, cancer, cerebral
48 palsy, Parkinson's disease, or Alzheimer's disease; the use of the
49 building for blood drives, health screenings, health information meet-
50 ings, yoga classes, exercise classes or other activities intended to
51 promote the health of the congregants or other persons; and use of the
52 building by non-congregant members of the community for private social
53 functions. The building occupied as a place of worship does not cease
54 to be "exclusively" occupied as a place of worship where the not-for-
55 profit religious organization occupying the place of worship accepts the
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1 payment of funds to defray costs related to another party's use of the
2 building.
3 (g) Notwithstanding the provisions of paragraph (b) of this subdivi-
4 sion, a license pursuant to this section for a premises which shall be
5 within five hundred feet of three or more existing premises licensed and
6 operating pursuant to this section may be issued if, after consultation
7 with the municipality or community board, it determines that granting
8 such license would be in the public interest. Before such license is
9 issued, a hearing shall be conducted, upon notice to the applicant and
10 the municipality or community board, and shall state its reasons there-
11 for. The hearing may be rescheduled, adjourned or continued, and notice
12 shall be given to the applicant and the municipality or community board
13 of any such rescheduled, adjourned or continued hearing. Before any said
14 license is issued, in addition to the hearing required by this para-
15 graph, a public meeting regarding said license shall be conducted, upon
16 notice to the applicant and the municipality or community board. The
17 public meeting may be rescheduled, adjourned or continued, and notice
18 shall be given to the applicant and the municipality or community board
19 of any such rescheduled, adjourned or continued public meeting. Notice
20 to the municipality or community board shall mean written notice mailed
21 to such municipality or community board at least fifteen days in advance
22 of any hearing scheduled pursuant to this paragraph. Any municipality or
23 community board may waive the fifteen day notice requirement. No prem-
24 ises having been granted a license pursuant to this section shall be
25 denied a renewal of such license upon the grounds that such premises are
26 within five hundred feet of a building or buildings wherein three or
27 more premises are licensed and operating pursuant to this section.
28 § 2. This act shall take effect on the first of November next succeed-
29 ing the date on which it shall have become a law.