In July 2022, New York State enacted a law restricting one’s ability to carry a concealed weapon within the State. Many of our clients are retired peace officers. Since this law impacts them, here is some useful information on how it does.
Does S.51001/A.41001 permit retired peace officers to carry a ”firearm”, “rifle” or “shotgun” in “sensitive” or “restricted” locations?
Except as explained below, the answer is no, S.51001/A.41001 does not permit retired peace officers to carry these weapons in “sensitive” or “restricted” locations. In two places of the recent amendment it exempts from the statute retired “police officers”, but excludes the phrase retired “peace officers”. Specifically, the amendment states in two places that it does not apply to “persons who were employed as police officers as defined in section 1.20 of the criminal procedure law, but are retired.” It also states it does not apply to “persons who were employed as police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law but are retired”. If this statute intended to include retired “peace officers” it would have stated as such as it did with retired “police officers.” It did not include the phrase “peace officers who have retired”, or words to that effect. Thus, retired peace officers are not exempt, except as explained below.
Does S.51001/A.41001 permit retired peace officers to carry a ”firearm”, “rifle” or “shotgun” in “sensitive” or “restricted” locations if that retiree is permitted to carry the same under federal law?
It is likely that a retired peace officer may carry a “firearm, “rifle” or “shotgun” in a “sensitive” location if they are permitted to carry the same under section 926C. S.51001/A.41001 plainly prohibits anyone from carrying the above weapons in “sensitive” locations. It states, “[a] person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location.” However, that specific section “shall not apply to: (a) consistent with federal law, law enforcement who qualify to carry under the federal law enforcement officers safety act, 18 U.S.C. 926C”.
Under section 926C, a “qualified retired law enforcement officer” is, generally, allowed to carry a concealed weapon anywhere in the US and authorized territories notwithstanding most other state and local laws. A qualified retired law enforcement officer, is one who, among other things:
1. separated from service in good standing with a government agency as a law enforcement officer for an aggregate of at least ten years or, after probation, separated from service because of a service-connected disability, but not otherwise deemed unable to serve because of a mental health issue; and
2. was authorized by law to engage in or supervise the incarceration of any person for any violation of law.
The retired law enforcement officer must also carry with him or her:
1. identification received from the agency from which they retired; and
2. documentation certifying that within the last 12 months they met the active duty law enforcement standards for the firearm that they carry.
Section 926C does not preclude, however, a state from prohibiting firearms onto State or local governmental property, or to permit private entities to prohibit firearms on their private property. It appears, however, that under S.51001/A.41001, one is not guilty of illegal possession if they are qualified to carry under section 926C if they enter a “sensitive” location.
Unlike “sensitive” locations, however, “restricted” locations appear not to exclude those able to carry under 926C. “A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent.” Unlike a “sensitive” location, this section does not exclude those otherwise permitted to carry under 926C. That section does exclude retired police officers. Thus, a retired peace officer qualified under section 926C may not carry the above weapons in a “restricted” location, as it is explained above.
The text of the State statute is here: