Int 0643-1999

Be it enacted by the Council as follows: Section one. Chapter 3 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-313, to read as follows: �10-313 Creation of school safety zones within 1,500 feet of every school in the City. a. Definitions. For purposes of this section: (a) "School zone" means in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of any school, college, university or child day care or educational facility or within one thousand five hundred feet of the real property boundary line comprising any such school, college, university or child day care or educational facility. (b) "Weapon" means a firearm, rifle, shotgun, or assault weapon, as such terms are defined in section 10-301 of the administrative code, or a machine gun, as defined in the penal law. (c) "School" means any public, private or parochial, nursery or pre-school, kindergarten, elementary, intermediate, junior high, vocational, or high school. (d) "Child day care or educational facility" means a public or private day care center as such term is defined in paragraph (c) of subdivision one of section three hundred ninety of the social services law. b. It shall be unlawful for any person to knowingly possess a weapon at a place that the individual knows, or has reasonable cause to believe, is a school zone. c. Subdivision b of this section shall not apply where the weapon 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 weapon; 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 weapon. d. Affirmative defenses to the crime established in subdivision b shall include possession of a weapon: (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 weapon; (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 weapon; (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 weapon; (iv) 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 weapon; (v) used in a safety program approved by a school in a school zone; (vi) by an individual 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 weapon. e. It shall be unlawful for any person to knowingly or recklessly discharge a weapon in a school zone. f. Affirmative defenses to the crime established in subdivision e shall include discharge of a weapon: (i) by an individual for self-defense, provided that such individual is licensed or permitted to possess such weapon; (ii) for use in a safety program approved by a school in a school zone; (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. g. 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. h. 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. i. 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, when such police officer or federal law enforcement officer is acting during the course and furtherance of his official duties, or traveling to or from work, or is otherwise lawfully in possession of his firearm, provided that he uses reasonable care when carrying or possessing his firearm. j. The police commissioner shall promulgate rules implementing the provisions of this section within 90 days of the effective date of this legislation. The police commissioner shall provide written notice of the requirements of this section to all persons who receive an official authorization to purchase a weapon 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. k. 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. �2. This local law shall take effect 90 days after its enactment into law. LS2245 TB:ts 1 - 2 -