New York State is a Gun Free Zone by Tom Reynolds
Effective September 1, 2022, Gov. Hochul and the NY State legislature effectively declared that all private property in New York is a gun free zone. (And most non private property, too.)
Private property would generally include homes, farmland, businesses, Rod & Gun Clubs, etc.
Not want to be a gun free zone? Private property owners must affirmatively take action to declare firearms are welcome in order to NOT BE a gun free zone. Otherwise, anyone bringing a firearm, rifle, or shotgun onto the property may be charged with Class E felony.
You affirmatively take action by posting “clear and conspicuous signage” or if the owner gives their “express consent”. (It is not known what constitutes “Express Consent”?)
The law says:
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.
Firearm possession on non-signage private property is a class E felony.
The following is a link to the actual text of the bill.
Bill Text: NY S51001 | 2021-2022 | General Assembly | Introduced | LegiScan
There are lawsuits filed that challenge this law but they have not yet been decided. Will they be decided before September 1st? That’s anyone’s guess.
There are numerous unanswered questions about this. For instance:
- If you post one sign outside, does it cover grounds and buildings?
- If you have more than one building, do all require a sign?
- What happens in a mall where different businesses take different positions on declaring gun possession?
- Who decides on apartments, the lessor or lessee? What if renters disagree, as in the mall example?
Attached is a sign that you can download and post. Feel free to use it – or not. But remember, as the law stands today, you will have to post something or anyone carrying a firearm onto your private property as of September 1st is a felon.
Either way, remember this new law when you vote this November. And in case this issue doesn’t persuade you, fill up your gas tank just before you vote!
Legal Carry Permitted Here sign