There is a newer version of the New York Consolidated Laws
2013 New York Consolidated Laws
CPL - Criminal Procedure
Part 1 - GENERAL PROVISIONS
Title A - SHORT TITLE, APPLICABILITY AND DEFINITIONS
Article 2 - (2.10 - 2.30) PEACE OFFICERS
2.10 - Persons designated as peace officers.
NY Crim Pro L § 2.10 (2012) What's This?
§ 2.10 Persons designated as peace officers.
Notwithstanding the provisions of any general, special or local law or
charter to the contrary, only the following persons shall have the
powers of, and shall be peace officers:
1. Constables or police constables of a town or village, provided such
designation is not inconsistent with local law.
2. The sheriff, undersheriff and deputy sheriffs of New York city and
sworn officers of the Westchester county department of public safety
services appointed after January thirty-first, nineteen hundred
eighty-three to the title of public safety officer and who perform the
functions previously performed by a Westchester county deputy sheriff on
or prior to such date.
3. Investigators of the office of the state commission of
investigation.
4. Employees of the department of taxation and finance designated by
the commissioner of taxation and finance as peace officers and assigned
by the commissioner of taxation and finance (a) to the enforcement of
any of the criminal or seizure and forfeiture provisions of the tax law
relating to (i) taxes imposed under or pursuant to the authority of
article twelve-A of the tax law and administered by the commissioner,
(ii) taxes imposed under or pursuant to the authority of article
eighteen of the tax law and administered by the commissioner, (iii)
taxes imposed under article twenty of the tax law, or (iv) sales or
compensating use taxes relating to petroleum products or cigarettes
imposed under article twenty-eight or pursuant to the authority of
article twenty-nine of the tax law and administered by the commissioner
or
(b) to the enforcement of any provision of the penal law relating to
any of the taxes described in paragraph (a) of this subdivision and
relating to crimes effected through the use of a statement or document
filed with the department in connection with the administration of such
taxes or
(c) as revenue crimes specialist and assigned to the enforcement of
any of the criminal provisions of the tax law relating to taxes
administered by the commissioner of taxation and finance other than
those taxes set forth in paragraph (a) of this subdivision or any
provision of the penal law relating to such taxes, and those provisions
of the penal law (i) relating to any of the foregoing taxes and (ii)
relating to crimes effected through the use of a statement or document
filed with the department in connection with the administration of such
foregoing taxes or
(d) to the enforcement of any provision of law which is subject to
enforcement by criminal penalties and which relates to the performance
by persons employed by the department of taxation and finance of the
duties of their employment.
Provided, however, that nothing in this subdivision shall be deemed to
authorize any such employee designated as a peace officer after November
first, nineteen hundred eighty-five to carry, possess, repair or dispose
of a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law, and further provided that,
prior to such designation by the commissioner each such employee shall
have successfully completed the training requirements specified in
section 2.30 of this article. Provided, further, that any license issued
to such employee pursuant to such peace officer designation by the
commissioner shall relate only to the firearm issued to such employee by
the department of taxation and finance and such permit shall not cover
any other firearms. The foregoing sentence shall not be deemed to
prohibit such peace officer from applying for a separate permit relating
to non-departmental firearms.
5. Employees of the New York city department of finance assigned to
enforcement of the tax on cigarettes imposed by title D of chapter
forty-six of the administrative code of the city of New York by the
commissioner of finance.
6. Confidential investigators and inspectors, as designated by the
commissioner, of the department of agriculture and markets, pursuant to
rules of the department.
7. Officers or agents of a duly incorporated society for the
prevention of cruelty to animals.
* 7-a. Officers or agents of a duly incorporated society for the
prevention of cruelty to children in Rockland county; provided, however,
that nothing in this subdivision shall be deemed to authorize such
officer or agent to carry, possess, repair, or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law; and provided further that such officer
or agent shall exercise the powers of a peace officer only when he is
acting pursuant to his special duties.
* NB Repealed August 11, 2014
8. Inspectors and officers of the New York city department of health
when acting pursuant to their special duties as set forth in section
564-11.0 of the administrative code of the city of New York; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
9. Park rangers in Suffolk county, who shall be authorized to issue
appearance tickets, simplified traffic informations, simplified parks
informations and simplified environmental conservation informations.
10. Broome county park rangers who shall be authorized to issue
appearance tickets, simplified traffic informations, simplified parks
informations, and simplified environmental conservation informations;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
11. Park rangers in Onondaga and Cayuga counties, who shall be
authorized to issue appearance tickets, simplified traffic informations,
simplified parks informations and simplified environmental conservation
informations, within the respective counties of Onondaga and Cayuga.
12. Special policemen designated by the commissioner and the directors
of in-patient facilities in the office of mental health pursuant to
section 7.25 of the mental hygiene law, and special policemen designated
by the commissioner and the directors of facilities under his
jurisdiction in the office of mental retardation and developmental
disabilities pursuant to section 13.25 of the mental hygiene law;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officers to carry, possess, repair or dispose of a
firearm unless the appropriate license therefor has been issued pursuant
to section 400.00 of the penal law.
13. Persons designated as special policemen by the director of a
hospital in the department of health pursuant to section four hundred
fifty-five of the public health law; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
15. Uniformed enforcement forces of the New York state thruway
authority, when acting pursuant to subdivision two of section three
hundred sixty-one of the public authorities law; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
16. Employees of the department of health designated pursuant to
section thirty-three hundred eighty-five of the public health law;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
17. Uniformed housing guards of the Buffalo municipal housing
authority.
18. Bay constable of the city of Rye, the villages of Mamaroneck,
South Nyack and bay constables of the towns of East Hampton, Hempstead,
Oyster Bay, Riverhead, Southampton, Southold, Islip, Shelter Island,
Brookhaven, Babylon, Smithtown, Huntington and North Hempstead;
provided, however, that nothing in this subdivision shall be deemed to
authorize the bay constables in the city of Rye, the village of South
Nyack or the towns of Brookhaven, Babylon, Southold, East Hampton,
Riverhead, Islip, other than a bay constable of the town of Islip who
prior to April third, nineteen hundred ninety-eight served as
harbormaster for such town and whose position was reclassified as bay
constable for such town prior to such date, Smithtown, Huntington and
Shelter Island to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
19. Harbor masters appointed by a county, city, town or village.
20. Bridge and tunnel officers, sergeants and lieutenants of the
Triborough bridge and tunnel authority.
21. a. Uniformed court officers of the unified court system.
b. Court clerks of the unified court system in the first and second
departments.
c. Marshall, deputy marshall, clerk or uniformed court officer of a
district court.
(d) Marshalls or deputy marshalls of a city court, provided, however,
that nothing in this subdivision shall be deemed to authorize such
officer to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
e. Uniformed court officers of the city of Mount Vernon.
f. Uniformed court officers of the city of Jamestown.
22. Patrolmen appointed by the Lake George park commission; provided
however that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
23. Parole officers or warrant officers in the department of
corrections and community supervision.
23-a. Parole revocation specialists in the department of corrections
and community supervision; provided, however, that nothing in this
subdivision shall be deemed to authorize such employee to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
24. Probation officers.
25. Officials, as designated by the commissioner of the department of
corrections and community supervision pursuant to rules of the
department, and correction officers of any state correctional facility
or of any penal correctional institution.
26. Peace officers designated pursuant to the provisions of the New
York state defense emergency act, as set forth in chapter seven hundred
eighty-four of the laws of nineteen hundred fifty-one, as amended, when
acting pursuant to their special duties during a period of attack or
imminent attack by enemy forces, or during official drills called to
combat natural or man-made disasters, or during official drills in
preparation for an attack by enemy forces or in preparation for a
natural or man-made disaster; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law; and
provided further, that such officer shall have the powers set forth in
section 2.20 of this article only during a period of imminent or actual
attack by enemy forces and during drills authorized under section
twenty-nine-b of article two-B of the executive law, providing for the
use of civil defense forces in disasters. Notwithstanding any other
provision of law, such officers shall have the power to direct and
control traffic during official drills in preparation for an attack by
enemy forces or in preparation for combating natural or man-made
disasters; however, this grant does not include any of the other powers
set forth in section 2.20 of this article.
27. New York city special patrolmen appointed by the police
commissioner pursuant to subdivision c or e of section 434a-7.0 or
subdivision c or e of section 14-106 of the administrative code of the
city of New York; provided, however, that nothing in this subdivision
shall be deemed to authorize such officer to carry, possess, repair or
dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law and the employer has
authorized such officer to possess a firearm during any phase of the
officers on-duty employment. Special patrolmen shall have the powers set
forth in section 2.20 of this article only when they are acting pursuant
to their special duties; provided, however, that the following
categories of New York city special patrolmen shall have such powers
whether or not they are acting pursuant to their special duties: school
safety officers employed by the board of education of the city of New
York; parking control specialists, taxi and limousine inspectors, urban
park rangers and evidence and property control specialists employed by
the city of New York; and further provided that, with respect to the
aforementioned categories of New York city special patrolmen, where such
a special patrolman has been appointed by the police commissioner and,
upon the expiration of such appointment the police commissioner has
neither renewed such appointment nor explicitly determined that such
appointment shall not be renewed, such appointment shall remain in full
force and effect indefinitely, until such time as the police
commissioner expressly determines to either renew or terminate such
appointment.
28. All officers and members of the uniformed force of the New York
city fire department as set forth and subject to the limitations
contained in section 487a-15.0 of the administrative code of the city of
New York; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
29. Special policemen for horse racing, appointed pursuant to the
provisions of the pari-mutuel revenue law as set forth in chapter two
hundred fifty-four of the laws of nineteen hundred forty, as amended;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
30. Supervising fire inspectors, fire inspectors, the fire marshal and
assistant fire marshals, all of whom are full-time employees of the
county of Nassau fire marshal's office.
32. Investigators of the department of motor vehicles, pursuant to
section three hundred ninety-two-b of the vehicle and traffic law;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
33. A city marshall of the city of New York who has received training
in firearms handling from the federal bureau of investigation or in the
New York city police academy, or in the absence of the available
training programs from the federal bureau of investigation and the New
York city police academy, from another law enforcement agency located in
the state of New York, and who has received a firearms permit from the
license division of the New York city police department.
34. Waterfront and airport investigators, pursuant to subdivision four
of section ninety-nine hundred six of the unconsolidated laws; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
35. Special investigators appointed by the state board of elections,
pursuant to secton 3-107 of the election law.
36. Investigators appointed by the state liquor authority, pursuant to
section fifteen of the alcoholic beverage control law; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
37. Special patrolmen of a political subdivision, appointed pursuant
to section two hundred nine-v of the general municipal law; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
38. A special investigator of the New York city department of
investigation who has received training in firearms handling in the New
York police academy and has received a firearms permit from the license
division of the New York city police department.
39. Broome county special patrolman, appointed by the Broome county
attorney; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
40. Special officers employed by the city of New York or by the New
York city health and hospitals corporation; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law. The New York city health and hospitals corporation shall employ
peace officers appointed pursuant to this subdivision to perform the
patrol, investigation, and maintenance of the peace duties of special
officer, senior special officer and hospital security officer, provided
however that nothing in this subdivision shall prohibit managerial,
supervisory, or state licensed or certified professional employees of
the corporation from performing such duties where they are incidental to
their usual duties, or shall prohibit police officers employed by the
city of New York from performing these duties.
41. Fire police squads organized pursuant to section two hundred
nine-c of the general municipal law, at such times as the fire
department, fire company or an emergency rescue and first aid squad of
the fire department or fire company are on duty, or when, on orders of
the chief of the fire department or fire company of which they are
members, they are separately engaged in response to a call for
assistance pursuant to the provisions of section two hundred nine of the
general municipal law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
42. Special deputy sheriffs appointed by the sheriff of a county
within which any part of the grounds of Cornell university or the
grounds of any state institution constituting a part of the educational
and research plants owned or under the supervision, administration or
control of said university are located pursuant to section fifty-seven
hundred nine of the education law; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
43. Housing patrolmen of the Mount Vernon housing authority, acting
pursuant to rules of the Mount Vernon housing authority; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
44. The officers, employees and members of the New York city division
of fire prevention, in the bureau of fire, as set forth and subject to
the limitations contained in subdivision one of section 487a-1.0 of the
administrative code of the city of New York; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
45. Persons appointed and designated as peace officers by the Niagara
frontier transportation authority, pursuant to subdivision thirteen of
section twelve hundred ninety-nine-e of the public authorities law.
46. Persons appointed as peace officers by the Sea Gate Association
pursuant to the provisions of chapter three hundred ninety-one of the
laws of nineteen hundred forty, provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
47. Employees of the department of financial services when designated
as peace officers by the superintendent of financial services and acting
pursuant to their special duties as set forth in article four of the
financial services law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
48. New York state air base security guards when they are designated
as peace officers under military regulations promulgated by the chief of
staff to the governor and when performing their duties as air base
security guards pursuant to orders issued by appropriate military
authority; provided, however, that nothing in this subdivision shall be
deemed to authorize such guards to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
49. Members of the army national guard military police and air
national guard security personnel belonging to the organized militia of
the state of New York when they are designated as peace officers under
military regulations promulgated by the adjutant general and when
performing their duties as military policemen or air security personnel
pursuant to orders issued by appropriate military authority; provided,
however, that nothing in this subdivision shall be deemed to authorize
such military police or air security personnel to carry, possess, repair
or dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law.
50. Transportation supervisors in the city of White Plains appointed
by the commissioner of public safety in the city of White Plains;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
51. Officers and members of the fire investigation division of the
fire department of the city of Rochester, the city of Binghamton and the
city of Utica, when acting pursuant to their special duties in matters
arising under the laws relating to fires, the extinguishment thereof and
fire perils; provided, however, that nothing in this subdivision shall
be deemed to authorize such officer to carry, possess, repair or dispose
of a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
52. Security hospital treatment assistants, as so designated by the
commissioner of the office of mental health while transporting persons
convicted of a crime to court, to other facilities within the
jurisdiction of the office of mental health, or to any state or local
correctional facility; provided, however, that nothing in this
subdivision shall be deemed to authorize such employee to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of penal law.
53. Authorized agents of the municipal directors of weights and
measures in the counties of Suffolk, Nassau and Westchester when acting
pursuant to their special duties as set forth in section one hundred
eighty-one of the agriculture and markets law; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
54. Special policemen appointed pursuant to section one hundred
fifty-eight of the town law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* 55. Special patrolmen for sports facilities in the performance of
sporting events, pursuant to the provisions of section one hundred six-b
of the alcoholic beverage control law; provided, however, that nothing
in this section shall be deemed to authorize such officer to carry,
possess, repair, or dispose of a firearm unless such officer is required
pursuant to his status as a police officer within this state.
* NB Expired July 1, 1993
56. Dog control officers of the town of Brookhaven, who at the
discretion of the town board may be designated as constables for the
purpose of enforcing article twenty-six of the agriculture and markets
law and for the purpose of issuing appearance tickets permitted under
article seven of such law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
57. Harbor Park rangers employed by the Snug Harbor cultural center in
Richmond county and appointed as New York city special patrolmen by the
police commissioner pursuant to subdivision c of section 14-106 of the
administrative code of the city of New York. Notwithstanding any
provision of law, rule or regulation, such officers shall be authorized
to issue appearance tickets pursuant to section 150.20 of this chapter,
and shall have such other powers as are specified in section 2.20 of
this article only when acting pursuant to their special duties. Nothing
in this subdivision shall be deemed to authorize such officers to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law and
the employer has authorized such officer to possess a firearm during any
phase of the officer's on-duty employment.
* 57-a. Seasonal park rangers of the Westchester county department of
public safety while employed as authorized by the commissioner of public
safety/sheriff of the county of Westchester; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* NB There are 2 sub 57-a's
* 57-a. Officers of the Westchester county public safety emergency
force, when activated by the commissioner of public safety/sheriff of
the county of Westchester; provided, however that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* NB There are 2 sub 57-a's
58. Uniformed members of the security force of the Troy housing
authority provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
59. Officers and members of the sanitation police of the department of
sanitation of the city of New York, duly appointed and designated as
peace officers by such department; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
Provided, further, that nothing in this subdivision shall be deemed to
apply to officers and members of the sanitation police regularly and
exclusively assigned to enforcement of such city's residential recycling
laws.
61. Chief fire marshall, assistant chief fire marshall, fire marshall
II and fire marshall I, all of whom are full-time employees of the
Suffolk county department of fire, rescue and emergency services, when
acting pursuant to their special duties in matters arising under the
laws relating to fires, the extinguishment thereof and fire perils;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
* 62. Chief fire marshall, assistant chief fire marshall, fire
marshall II and fire marshall I, all of whom are full-time employees of
the town of Babylon, when acting pursuant to their special duties in
matters arising under the laws relating to fires, the extinguishment
thereof and fire perils; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* NB There are 2 sub 62's
* 62. Employees of the division for youth assigned to transport and
warrants units who are specifically designated by the director in
accordance with section five hundred four-b of the executive law,
provided, however, that nothing in this subdivision shall be deemed to
authorize such employees to carry, possess, repair or dispose of a
firearm unless the appropriate license therefor has been issued pursuant
to section 400.00 of the penal law.
* NB There are 2 sub 62's
* 63. Uniformed members of the fire marshal's office in the town of
Southampton and the town of Riverhead, when acting pursuant to their
special duties in matters arising under the laws relating to fires, the
extinguishment thereof and fire perils; provided, however that nothing
in this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 2 sub 63's
* 63. Employees of the town court of the town of Greenburgh serving as
a security officer; provided, however, that nothing in this subdivision
will be deemed to authorize such officer to carry, possess, repair or
dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law or to authorize such
officer to carry or possess a firearm except while on duty.
* NB There are 2 sub 63's
64. Cell block attendants employed by the city of Buffalo police
department; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
65. Chief fire marshall, assistant chief fire marshall, fire marshall
II and fire marshall I, all of whom are full-time employees of the town
of Brookhaven, when acting pursuant to their special duties in matters
arising under the laws relating to fires, the extinguishment thereof and
fire perils; provided, however, that nothing in this subdivision shall
be deemed to authorize such officer to carry, possess, repair or dispose
of a firearm unless the appropriate license thereof has been issued
pursuant to section 400.00 of the penal law.
66. Employees of the village court of the village of Spring Valley
serving as security officers at such village court; provided, however,
that nothing in this subdivision shall be deemed to authorize such
officer to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
67. Employees of the town court of the town of Putnam Valley serving
as a security officer; provided, however, that nothing in this
subdivision will be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law or to
authorize such officer to carry or possess a firearm except while on
duty.
* 68. The state inspector general and investigators designated by the
state inspector general; provided, however, that nothing in this
subdivision shall be deemed to authorize the state inspector general or
such investigators to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
* NB There are 5 sub 68's
* 68. Dog control officers of the town of Arcadia, who at the
discretion of the town board may be designated as constables for the
purpose of enforcing article twenty-six of the agriculture and markets
law and for the purpose of issuing appearance tickets permitted under
article seven of such law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* NB There are 5 sub 68's
* 68. Employees appointed by the sheriff of Livingston county, when
acting pursuant to their special duties serving as uniformed marine
patrol officers; provided, however, that nothing in this subdivision
shall be deemed to authorize such officer to carry, possess, repair or
dispose of a firearm unless the appropriate license has been issued
pursuant to section 400.00 of the penal law or to authorize such officer
to carry or possess a firearm except while on duty.
* NB There are 5 sub 68's
* 68. Employees of the town court of the town of Southampton serving
as uniformed court officers at such town court; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* NB There are 5 sub 68's
* 68. Persons employed by the Chautauqua county sheriff's office
serving as court security officers; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 5 sub 68's
69. Employees of the village court of the village of Amityville
serving as uniformed court officers at such village court; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
70. Employees appointed by the sheriff of Yates county, pursuant to
their special duties serving as uniformed marine patrol officers;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license has been issued pursuant to section
400.00 of the penal law or to authorize such officer to carry or possess
a firearm except while on duty.
71. Town of Smithtown fire marshalls when acting pursuant to their
special duties in matters arising under the laws relating to fires, the
extinguishment thereof and fire perils; provided, however, that nothing
in this subdivision shall be deemed to authorize such officers to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
72. Persons employed by Canisius college as members of the security
force of such college; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
73. Employees of the town court of the town of Newburgh serving as
uniformed court officers at such town court; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* 74. a. Special deputy sheriffs appointed by the sheriff of Tompkins
county pursuant to paragraphs b and c of this subdivision; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
b. For the protection of the grounds, buildings and property of Ithaca
college the prevention of crime and the enforcement of law and order,
and for the enforcement of such rules and regulations as the board of
trustees of Ithaca college shall from time to time make, the sheriff of
Tompkins county may appoint and remove following consultation with
Ithaca college such number of special deputy sheriffs as is determined
by the sheriff to be necessary for the maintenance of public order at
Ithaca college, such appointments to be made from persons nominated by
the president of Ithaca college. Such special deputy sheriffs shall
comply with requirements as established by the sheriff and shall act
only within Tompkins county. Such special deputy sheriffs so appointed
shall be employees of the college and subject to its supervision and
control as outlined in the terms and conditions to be mutually agreed
upon between the sheriff and Ithaca college. Such special deputy
sheriffs shall have the powers of peace officers and shall act solely
within the said grounds or premises owned or administered by Ithaca
college, except in those rare and special situations when requested by
the sheriff to provide assistance on any public highway which crosses or
adjoins such property. Ithaca college will provide legal defense and
indemnification, and hold harmless the county of Tompkins, its officers
and employees and the Tompkins county sheriff, its officers and
employees, from all claims arising out of conduct by or injury to, such
personnel while carrying out their law enforcement functions except in
those situations when they are acting under the direct supervision and
control of the county or sheriff's department.
c. Every special deputy sheriff so appointed shall, before entering
upon the duties of his or her office, take and subscribe the oath of
office prescribed by article thirteen of the constitution of the state
of New York which oath shall be filed in the office of the county clerk
of Tompkins county. Every special deputy sheriff appointed under this
subdivision when on regular duty shall wear conspicuously a metallic
shield with a designating number and the words "Special Deputy Sheriff
Ithaca College" thereon.
* NB There are 4 sub 74's
* 74. Parks and recreation forest rangers employed by the office of
parks, recreation and historic preservation; provided, however, that
nothing in this subdivision shall be deemed to authorize such
individuals to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
* NB There are 4 sub 74's
* 74. Employees of the village court of the village of Quogue, town of
Southampton serving as uniformed court officers at such village court;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
* NB There are 4 sub 74's
* 74. Employees of the town court of the town of East Hampton serving
as uniformed court officers at such town court; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* NB There are 4 sub 74's
* 75. Dog control officers of the town of Clarence, who at the
discretion of the town board may be designated as constables for the
purpose of enforcing article twenty-six of the agriculture and markets
law and for the purpose of issuing appearance tickets permitted under
article seven of the agriculture and markets law; provided, however,
that nothing in this subdivision shall be deemed to authorize such
officers to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
* NB There are 3 sub 75's
* 75. Airport security guards, senior airport security guards, airport
security supervisors, retired police officers, and supervisors of same,
who are designated by resolution of the town board of the town of Islip
to provide security at Long Island MacArthur Airport when acting
pursuant to their duties as such, and such authority being specifically
limited to the grounds of the said airport. However, nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* NB There are 3 sub 75's
* 75. Officers and members of the fire investigation unit of the fire
department of the city of Buffalo when acting pursuant to their special
duties in matters arising under the laws relating to fires, the
extinguishment thereof and fire perils; provided, however, that nothing
in this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 3 sub 75's
* 76. Employees of the village court of the village of Southampton,
town of Southampton serving as uniformed court officers at such village
court; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
* NB There are 2 sub 76's
* 76. Animal control officers employed by the city of Peekskill;
provided, however, that nothing in this subdivision shall be deemed to
authorize such individuals to carry, possess, repair or dispose of a
firearm unless the appropriate license therefor has been issued pursuant
to section 400.00 of the penal law.
* NB There are 2 sub 76's
* 77. (a) Syracuse University peace officers appointed by the chief
law enforcement officer of the city of Syracuse pursuant to paragraphs
(b), (c) and (d) of this subdivision, who shall be authorized to issue
appearance tickets and simplified traffic informations; provided,
however, that nothing in this subdivision shall be deemed to authorize
any such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
(b) For the protection of the grounds, buildings and property of
Syracuse University, the prevention of crime and the enforcement of law
and order, and for the enforcement of such rules and regulations as
Syracuse University shall from time to time establish, the chief law
enforcement officer of the city of Syracuse may appoint and remove,
following consultations with Syracuse University; such number of
Syracuse University peace officers as is determined by the chief law
enforcement officer of the city of Syracuse to be necessary for the
maintenance of public order at such university, such appointments to be
made from persons nominated by the chancellor of Syracuse University.
Such peace officers shall comply with such requirements as shall be
established by the chief law enforcement officer of the city of
Syracuse. Such Syracuse University peace officers so appointed shall be
employees of such university, and subject to its supervision and control
and the terms and conditions to be mutually agreed upon between the
chief law enforcement officer of the city of Syracuse and Syracuse
University. Nothing in this paragraph shall limit the authority of
Syracuse University to remove such peace officers. Such Syracuse
University peace officers shall have the powers of peace officers within
the geographical area of employment of the grounds or premises owned,
controlled or administrated by Syracuse University within the county of
Onondaga, except in those situations when requested by the chief law
enforcement officer of the city of Syracuse or his or her designee,
including by means of written protocols agreed to by the chief law
enforcement officer of the city of Syracuse and Syracuse University, to
provide assistance on any public highway which crosses or adjoins such
grounds or premises. Syracuse University shall provide legal defense and
indemnification, and hold harmless the city of Syracuse, and its
officers and employees from all claims arising out of conduct by or
injury to, such peace officers while carrying out their law enforcement
functions, except in those situations when they are acting under the
direct supervision and control of the chief law enforcement officer of
the city of Syracuse, or his or her designee.
(c) Every Syracuse University peace officer so appointed shall, before
entering upon the duties of his or her office, take and subscribe the
oath of office prescribed by article thirteen of the state constitution,
which oath shall be filed in the office of the county clerk of the
county of Onondaga. Every such peace officer appointed pursuant to this
subdivision when on regular duty shall conspicuously wear a metallic
shield with a designating number and the words "Syracuse University
Peace Officer" engraved thereon.
(d) To become eligible for appointment as a Syracuse University peace
officer a candidate shall, in addition to the training requirements as
set forth in section 2.30 of this article, complete the course of
instruction in public and private law enforcement established pursuant
to paragraph (c) of subdivision five of section sixty-four hundred fifty
of the education law.
* NB There are 2 sub 77's
* 77. Chief fire marshal, assistant chief fire marshal, and fire
marshals, all of whom are full-time employees of the town of East
Hampton, when acting pursuant to their special duties in matters arising
under the laws relating to fires, the extinguishment thereof and fire
perils; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
* NB There are 2 sub 77's
78. A security officer employed by a community college who is
specifically designated as a peace officer by the board of trustees of a
community college pursuant to subdivision five-a of section sixty-three
hundred six of the education law, or by a community college regional
board of trustees pursuant to subdivision four-a of section sixty-three
hundred ten of the education law; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* 79. Court security officers employed by the Wayne county sheriff's
office; provided however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
* NB There are 4 sub 79's
* 79. Supervisors and members of the arson investigation bureau and
fire inspection bureau of the office of fire prevention and control when
acting pursuant to their special duties in matters arising under the
laws relating to fires, their prevention, extinguishment, investigation
thereof, and fire perils; provided, however, that nothing in this
subdivision shall be deemed to authorize such employees to carry,
possess, repair, or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 4 sub 79's
* 79. Peace officers appointed by the city university of New York
pursuant to subdivision sixteen of section sixty-two hundred six of the
education law, who shall have the powers set forth in section 2.20 of
this article whether or not they are acting pursuant to their special
duties; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
* NB There are 4 sub 79's
* 79. Animal control officers of the city of Elmira, who at the
discretion of the city council of the city of Elmira may be designated
as constables for the purpose of enforcing article twenty-six of the
agriculture and markets law, and for the purpose of issuing appearance
tickets permitted under article seven of such law; provided, however,
that nothing in this subdivision shall be deemed to authorize such
officer to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
* NB There are 4 sub 79's
80. Employees of the Onondaga county sheriff's department serving as
uniformed court security officers at Onondaga county court facilities;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officers to carry, possess, repair or dispose of a
firearm unless the appropriate license therefor has been issued pursuant
to section 400.00 of the penal law.
* 81. Members of the security force employed by Erie County Medical
Center; provided however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
* NB There are 6 sb 81's
* 81. Employees of the town of Riverhead serving as court officers at
town of Riverhead court facilities; provided, however, that nothing in
this subdivision shall be deemed to authorize such officers to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 6 sb 81's
* 81. Employees of the town court of the town of Southold serving as
uniformed court officers at such town court; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* NB There are 6 sb 81's
* 81. Commissioners of and court officers in the department of public
safety for the town of Rye when acting pursuant to their special duties
in matters arising under the laws relating to maintaining the safety and
security of citizens, judges and court personnel in the town court, and
effecting the safe and secure transport of persons under the custody of
said department; provided, however, that nothing in this subdivision
shall be deemed to authorize such employees to carry, possess, repair,
or dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law.
* NB There are 6 sb 81's
* 81. Employees of the town of Yorktown serving as court attendants at
town of Yorktown court facilities; provided, however, that nothing in
this subdivision shall be deemed to authorize such employees to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 6 sb 81's
* 81. Employees of the Lewis county sheriff's department serving as
uniformed court security officers at Lewis county court facilities;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officers to carry, possess, repair or dispose of a
firearm unless the appropriate license therefor has been issued pursuant
to section 400.00 of the penal law.
* NB There are 6 sb 81's
82. Employees of the New York city business integrity commission
designated as peace officers by the chairperson of such commission;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
* 83. Members of the security force employed by Kaleida Health within
and directly adjacent to the hospital buildings on the medical campus
located between East North Street, Goodell Street, Main Street and
Michigan Avenue. These officers shall only have the powers listed in
paragraph (c) of subdivision one of section 2.20 of this article, as
well as the power to detain an individual for a reasonable period of
time while awaiting the arrival of law enforcement, provided that the
officer has actual knowledge, or probable cause to believe, that such
individual has committed an offense; provided however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 2 sb 83's
*83. (a) Security services officers employed by the University of
Rochester who are designated as peace officers by the board of trustees
of the University of Rochester pursuant to paragraphs (b), (c), (d) and
(e) of this subdivision; provided, however, that nothing in this
subdivision shall be deemed to authorize any such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
(b) For the protection of the grounds, buildings and property of the
University of Rochester, the prevention of crime and the enforcement of
law and order, the board of trustees of the University of Rochester may
appoint and remove such number of security services officers designated
as peace officers as is determined by the board of trustees to be
necessary for the maintenance of public order consistent with this
subdivision. Such peace officers shall comply with such requirements as
shall be mutually agreed upon between the chief law enforcement officers
of the applicable local law enforcement jurisdictions and the University
of Rochester. Such University of Rochester peace officers so appointed
shall be employees of the University of Rochester and subject to its
supervision and control. Such University of Rochester peace officers
shall have the powers of peace officers within the geographic area of
employment of the grounds or premises owned, controlled or administered
by the University of Rochester within the county of Monroe except as
provided in paragraph (c) of this subdivision; provided, however, such
peace officers shall have the powers of peace officers beyond such
geographic area upon the request of the chief law enforcement officer of
the local law enforcement jurisdiction or his or her designee, for the
purpose of transporting an individual who has been arrested in
accordance with section 140.27 of this chapter and when no local law
enforcement officer is available for transporting such individual in a
timely manner.
(c) University of Rochester peace officers who are assigned to work at
Strong Memorial Hospital shall only have the powers in section 9.41 of
the mental hygiene law and the powers listed in paragraphs (a), (c) and
(h) of subdivision one of section 2.20 of this article. Provided that in
order to exercise the power set forth in paragraph (a) of subdivision
one of section 2.20 of this article, the officer has actual knowledge,
or probable cause to believe, that such individual has committed an
offense.
(d) The University of Rochester shall provide legal defense and
indemnification to applicable municipality and its officers and
employees, and hold them harmless, against all claims arising out of
conduct by or injury to such peace officers while carrying out their
special duties, except in those situations when they are acting as
agents of the chief law enforcement officer of the applicable local law
enforcement jurisdiction or his or her designee.
(e) To become eligible for designation as a University of Rochester
peace officer, a candidate shall, in addition to the training
requirements as set forth in section 2.30 of this article, complete the
course of instruction in public and private law enforcement established
pursuant to subdivision three of section sixty-four hundred thirty-five
of the education law.
* NB There are 2 sb 83's
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