US Laws, Codes, Statutes & Cases

 
    §  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.