Town of Kingsbury, NY Chapter 136 Firearms

[HISTORY: Adopted by the Town Board of the Town of Kingsbury 6-20-2005 by L.L. No. 2-2005 (Ch. 46A of the 1983 Code). Amendments noted where applicable.]

§ 136-1 Title; statutory authority.

This chapter shall be known as "A Local Law Prohibiting the Possession of Firearms on Town Property." It is adopted pursuant to § 10 of the Municipal Home Rule Law.

§ 136-2 Purpose.

A. This Town Board finds that firearms are dangerous weapons that often cause accidental deaths and injuries and are frequently used in the commission of crimes, particularly homicides and assaults.

B. This Town Board finds that possession of firearms on Town property poses a serious threat to the health, safety and general welfare of Town employees and other persons lawfully on the property of the Town.

C. This Town Board also finds that possession of firearms by persons on Town property may seriously impair the performance of essential government functions by way of threat or intimidation to Town employees or others.

D. Therefore, the purpose of this chapter is to provide for the safety, health, protection and general welfare of people in the Town of Kingsbury by prohibiting the possession of firearms on Town property.

§ 136-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FIREARM

A weapon which acts by the force of gunpowder or from which a shot is discharged by the force of an explosion or otherwise.

TOWN PROPERTY

Both real and personal property owned by the Town, including any vehicle, public building, structure, vacant land, park or playground owned, occupied, or operated by the Town of Kingsbury. Real property shall include but not be limited to:

A. The Town Hall;

B. The Highway Department buildings;

C. The Kingsbury community pool; and

D. The Robert Waite Memorial Park.

§ 136-4 Prohibited acts.

No person shall possess a firearm on any Town property.

§ 136-5 Exceptions.

The prohibition of possession of firearms on Town property shall not apply to:

A. A police officer or peace officer authorized to use the same while acting within the scope of employment;

B. A government employee or licensed security guard authorized or required by employment or office to possess the same while acting within the scope of such employment or office;

C. A person in the military service of the State of New York or the United States when duly authorized to possess the same and acting within the scope of duty of such military service; and

D. A Town official or Town employee specifically authorized by the Town Board to possess a firearm on Town property, according to any and all restrictions or limitations which the Town Board may place upon such authorization.

§ 136-6 Penalties for offenses.

A violation of any provision of this chapter shall be an unclassified misdemeanor, punishable by a fine not to exceed $1,000 or by imprisonment for a term not to exceed one year, or by both such fine and imprisonment. Each day or part of a day on which a violation continues shall constitute a separate violation.