New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 542 - Firearms
Section 542.5 - Prohibition of firearms and granting of exceptions
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 542.5
Current through Register Vol. 46, No. 39, September 25, 2024
(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.
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