Prohibits openly carrying a rifle or shotgun; establishes exemptions from such prohibition.
Not law yet. Pending legislation.
Gianaris
Bill summary
Official digest is not on this card.
Now vs if chaptered
NOW: not law; open long-gun carry is not CPW 4th under this subdivision. IF CHAPTERED: class A misdemeanor CPW 4th for openly carrying a rifle or shotgun, with §265.20(f) exemptions.
Defender utility
NY PDs on CPW 4th calendars: this is a pending open-carry long-gun count, not present law. Do not treat a visible rifle or shotgun in public as §265.01(12) today. If chaptered, litigate visibility ("any portion thereof"), place, and the §265.20(f) exemptions before conceding the new subdivision. No same-as Assembly twin. Not a California charge.
Who this is for. NY PDs on CPW 4th / visible long-gun calendars — pending open-carry subdivision, not present law; not a California charge.
Exemptions (draft)
If chaptered: NY military when authorized; police officers (CPL 1.20(34)); peace officers (CPL 2.10); U.S. military in official duty; and other listed §265.20(f) paths including authorized hunting as drafted.
Penalties (if chaptered)
If chaptered: CPW 4th, class A misdemeanor. Not a current count.