Section 459.
§ 459. Definitions. a. The term "school" means a public, private or
parochial, day care center or nursery or pre-school, elementary,
intermediate, junior high, vocational, or high school.
b. The term "school zone" means in or on or within any building,
structure, athletic playing field, playground or land contained within
the real property boundary line of a public, private or parochial day
care center or nursery or pre-school, elementary, intermediate, junior
high, vocational, or high school, or within one thousand feet of the
real property boundary line comprising any such school.
c. The term "firearm" means a firearm, rifle, shotgun, or assault
weapon, as such terms are defined in section 10-301 of the
administrative code, or a machine gun, as defined in penal law section
265.00.
Section 460.
§ 460. Gun-free school safety zones. a. It shall be a crime for any
individual knowingly to possess a firearm at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
b. Subdivision a of this section shall not apply where the firearm is:
(i) possessed and kept in such individual's home in a school zone,
provided that such individual is licensed or permitted to possess such
firearm; or
(ii) possessed and kept at such individual's business in a school
zone, provided that such individual is licensed or permitted to possess
such firearm.
c. Affirmative defenses to the crime established in subdivision a
shall include possession of a firearm:
(i) carried for personal safety between such individual's business,
home, or bank in a school zone, provided that such individual is
licensed or permitted to possess such firearm for such purpose;
(ii) just purchased or obtained by such individual and being
transported that same day for the first time to such individual's home
or business in a school zone where it will be stored, provided that such
individual is licensed or permitted to possess such firearm;
(iii) carried between a police department facility for inspection and
an individual's business, home, bank, or point of purchase in a school
zone, provided that such individual is licensed or permitted to possess
such firearm;
(iv) carried by licensed or permitted individuals and being
transported to or from an authorized target practice facility;
(v) carried between a gunsmith for demonstrably needed repairs and an
individual's business or home in a school zone, provided that such
individual is licensed or permitted to possess such firearm;
(vi) used in an athletic or safety program approved by a school in a
school zone, or by the police commissioner, or in accordance with a
contract entered into between a school within the school zone and the
individual or an employer of the individual, provided that such
individual is licensed or permitted to possess such firearm for such
purpose; or
(vii) used in accordance with a contract entered into between a
business within the school zone and the individual or an employer of the
individual, provided that such individual is licensed or permitted to
possess such firearm for such purpose.
d. It shall be a crime for any person, knowingly or with reckless
disregard for the safety of another, to discharge a firearm in a school
zone.
e. Affirmative defenses to the crime established in subdivision d
shall include discharge of a firearm:
(i) by an individual for self-defense, provided that such individual
is licensed or permitted to possess such firearm for such purpose;
(ii) for use in a special event or safety program authorized by a
school in a school zone or by the police commissioner;
(iii) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an employer of
the individual, provided that such individual is licensed or permitted
to possess such firearm for such purpose; or
(iv) by an individual in accordance with a contract entered into
between a business and the individual or an employer of the individual,
provided that such individual is licensed or permitted to possess such
firearm for such purpose.
f. Any person who violates this section shall be guilty of a
misdemeanor, punishable by imprisonment of not more than one year or by
a fine of not more than ten thousand dollars, or both.
g. In addition to the penalties prescribed in subdivision f of this
section, any person who violates this section shall be liable for a
civil penalty of not more than ten thousand dollars.
h. This section shall not apply to a police officer, as such term is
defined in section 1.20 of the criminal procedure law, or a federal law
enforcement officer, as such term is defined in section 2.15 of the
criminal procedure law.
i. The police commissioner may promulgate rules implementing the
provisions of this section. The police commissioner shall provide
written notice of the requirements of this section to all persons who
receive an official authorization to purchase a firearm and to all
persons applying for a license or permit, or renewal of a license or
permit. Failure to receive such notice shall not be a defense to any
violation of this section.
j. The city of New York and its agencies, officers or employees shall
not be liable to any party by reason of any incident or injury occurring
in a gun-free school safety zone arising out of a violation of any
provision of this section.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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