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N.Y. PEN Law § 265.01-D

This is the official text of N.Y. PEN Law § 265.01-D, part of New York’s Penal Law — defines crimes and punishments in New York.

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Criminal possession of a weapon in a restricted location

Official statutory text

§ 265.01-d Criminal possession of a weapon in a restricted location.\n 1. A person is guilty of criminal possession of a weapon in a\nrestricted location when such person possesses a firearm, rifle, or\nshotgun and enters into or remains on or in private property where such\nperson knows or reasonably should know that the owner or lessee of such\nproperty has not permitted such possession by clear and conspicuous\nsignage indicating that the carrying of firearms, rifles, or shotguns on\ntheir property is permitted or by otherwise giving express consent.\n 2. This section shall not apply to:\n (a) police officers as defined in section 1.20 of the criminal\nprocedure law;\n (b) persons who are designated peace officers as defined in section\n2.10 of the criminal procedure law;\n (c) qualified law enforcement officers who are authorized to carry\nconcealed firearms pursuant to 18 U.S.C. 926B, or qualified retired law\nenforcement officers who are authorized to carry concealed firearms\npursuant to 18 U.S.C. 926C;\n (d) security guards as defined by and registered under article seven-A\nof the general business law who has been granted a special armed\nregistration card, while at the location of their employment and during\ntheir work hours as such a security guard;\n (e) active-duty military personnel;\n (f) persons licensed under paragraph (c), (d) or (e) of subdivision\ntwo of section 400.00 of this chapter while in the course of his or her\nofficial duties;\n (g) persons while lawfully engaged in taking of wildlife or attempts\nto take wildlife pursuant to a hunting permit or license issued by the\ndepartment of environmental conservation, or as otherwise authorized\npursuant to section 11-0707 and 11-0709 of the environmental\nconservation law; or\n (h) persons, while acting in the scope of their official duties, who\nare employed in the revenue control and security departments of the\nmetropolitan transportation authority, or the New York city transit\nauthority or an affiliate or subsidiary thereof, who are authorized to\ncarry a firearm as part of their employment.\n Criminal possession of a weapon in a restricted location is a class E\nfelony.\n

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