N.Y. Comp. Codes R. & Regs. tit. 14 § 542.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 542.5 - Prohibition of firearms and granting of exceptions

(a) No person shall bring into or possess a firearm at any facility operated or licensed by the Office of Mental Health except as provided in this section.

(b) Family care providers, employees living on the grounds of a State-operated psychiatric facility and members of law enforcement or governmental agencies or correction officers who are employed by the Department of Correctional Services and who are on the grounds of a facility in their official capacity shall be the only individuals eligible to apply for an exception to the prohibition against firearms.

(1) The commissioner or his or her designee may make a determination to grant an exception to a family care provider or other individual living in the home to possess a shotgun, rifle and/or ammunition on the grounds of the family care home for the purpose of hunting, target shooting or gun collecting. A family care provider or other individual living in the home may apply for permission to possess a handgun on the grounds of the family care home only in circumstances where the individual is required to possess a handgun by virtue of his or her status as a member of a law enforcement or governmental agency or where such handgun is part of a collection, provided that the firing mechanism has been removed. Applications to possess firearms shall be made in the manner described in section 542.6 of this Part.

(2) The facility director may make a determination to grant an exception to an employee living on the grounds of a State-operated psychiatric facility to possess a shotgun, rifle and/or ammunition on the grounds of the facility for the purpose of hunting, target shooting or gun collecting. An employee or other individual living on the grounds may apply for permission to possess a handgun on the grounds of a facility only in circumstances where the individual is required to possess a handgun by virtue of his or her status as a member of a law enforcement or governmental agency or where such handgun is part of a collection, provided that the firing mechanism has been removed. Applications to possess firearms shall be made in the manner described in section 542.6 of this Part.

(3) The facility director or commissioner or his or her designee may make a determination to grant an exception to a member of a law enforcement or governmental agency or correction officer employed by the Department of Correctional Services who is on the grounds of a State-operated psychiatric facility while in the performance of official duties. The facility director or commissioner or his or her designee shall determine the manner for granting an exception consistent with Office of Mental Health policy.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 542.5