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ARTICLE 2
PEACE OFFICERS
Section 2.10 Persons designated as peace officers.
2.15 Federal law enforcement officers; powers.
2.20 Powers of peace officers.
2.30 Training requirements for peace officers.
S 2.10 Persons designated as peace officers.
Notwithstanding the provisions of any general, special or local law or
charter to the contrary, only the following persons shall have the
powers of, and shall be peace officers:
1. Constables or police constables of a town or village, provided such
designation is not inconsistent with local law.
2. The sheriff, undersheriff and deputy sheriffs of New York city and
sworn officers of the Westchester county department of public safety
services appointed after January thirty-first, nineteen hundred
eighty-three to the title of public safety officer and who perform the
functions previously performed by a Westchester county deputy sheriff on
or prior to such date.
3. Investigators of the office of the state commission of
investigation.
4. Employees of the department of taxation and finance designated by
the commissioner of taxation and finance as peace officers and assigned
by the commissioner of taxation and finance * (a) to the enforcement of
any of the criminal or seizure and forfeiture provisions of the tax law
relating to (i) taxes imposed under or pursuant to the authority of
article twelve-A of the tax law and administered by the commissioner,
(ii) taxes imposed under or pursuant to the authority of article
eighteen of the tax law and administered by the commissioner, (iii)
taxes imposed under article twenty of the tax law, or (iv) sales or
compensating use taxes relating to automotive fuel or cigarettes imposed
under article twenty-eight or pursuant to the authority of article
twenty-nine of the tax law and administered by the commissioner or
* NB Effective until October 31, 2007
* (a) to the enforcement of any of the criminal or seizure and
forfeiture provisions of the tax law relating to (i) taxes imposed under
or pursuant to the authority of article twelve-A of the tax law and
administered by the commissioner of taxation and finance, (ii) taxes
imposed under article twenty of the tax law, or (iii) sales or
compensating use taxes relating to automotive fuel or cigarettes imposed
under article twenty-eight or pursuant to the authority of article
twenty-nine of the tax law and administered by the commissioner of
taxation and finance or
* NB Effective October 31, 2007
(b) to the enforcement of any provision of the penal law relating to
any of the taxes described in paragraph (a) of this subdivision and
relating to crimes effected through the use of a statement or document
filed with the department in connection with the administration of such
taxes or
* (c) as revenue crimes specialist and assigned to the enforcement of
any of the criminal provisions of the tax law relating to taxes
administered by the commissioner of taxation and finance other than
those taxes set forth in paragraph (a) of this subdivision or any
provision of the penal law relating to such taxes, and those provisions
of the penal law (i) relating to any of the foregoing taxes and (ii)
relating to crimes effected through the use of a statement or document
filed with the department in connection with the administration of such
foregoing taxes or
* NB Expires October 31, 2007
* (c) as revenue crimes specialist and assigned to the enforcement of
any of the criminal provisions of the tax law or any provision of the
penal law relating to taxes imposed under article twenty-eight or
pursuant to the authority of article twenty-nine of the tax law and
administered by the state tax commission or
* NB Effective October 31, 2007
(d) to the enforcement of any provision of law which is subject to
enforcement by criminal penalties and which relates to the performance
by persons employed by the department of taxation and finance of the
duties of their employment.
Provided, however, that nothing in this subdivision shall be deemed to
authorize any such employee designated as a peace officer after November
first, nineteen hundred eighty-five to carry, possess, repair or dispose
of a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law, and further provided that,
prior to such designation by the commissioner each such employee shall
have successfully completed the training requirements specified in
section 2.30 of this article. Provided, further, that any license issued
to such employee pursuant to such peace officer designation by the
commissioner shall relate only to the firearm issued to such employee by
the department of taxation and finance and such permit shall not cover
any other firearms. The foregoing sentence shall not be deemed to
prohibit such peace officer from applying for a separate permit relating
to non-departmental firearms.
5. Employees of the New York city department of finance assigned to
enforcement of the tax on cigarettes imposed by title D of chapter
forty-six of the administrative code of the city of New York by the
commissioner of finance.
6. Confidential investigators and inspectors, as designated by the
commissioner, of the department of agriculture and markets, pursuant to
rules of the department.
7. Officers or agents of a duly incorporated society for the
prevention of cruelty to animals.
7-a. Officers or agents of a duly incorporated society for the
prevention of cruelty to children; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer or agent to
carry, possess, repair, or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law; and provided further that such officer or agent shall exercise the
powers of a peace officer only when he is acting pursuant to his special
duties.
8. Inspectors and officers of the New York city department of health
when acting pursuant to their special duties as set forth in section
564-11.0 of the administrative code of the city of New York; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
9. Park rangers in Suffolk county, who shall be authorized to issue
appearance tickets, simplified traffic informations, simplified parks
informations and simplified environmental conservation informations.
10. Broome county park rangers who shall be authorized to issue
appearance tickets, simplified traffic informations, simplified parks
informations, and simplified environmental conservation informations;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
11. Park rangers in Onondaga and Cayuga counties, who shall be
authorized to issue appearance tickets, simplified traffic informations,
simplified parks informations and simplified environmental conservation
informations, within the respective counties of Onondaga and Cayuga.
12. Special policemen designated by the commissioner and the directors
of in-patient facilities in the office of mental health pursuant to
section 7.25 of the mental hygiene law, and special policemen designated
by the commissioner and the directors of facilities under his
jurisdiction in the office of mental retardation and developmental
disabilities pursuant to section 13.25 of the mental hygiene law;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officers to carry, possess, repair or dispose of a
firearm unless the appropriate license therefor has been issued pursuant
to section 400.00 of the penal law.
13. Persons designated as special policemen by the director of a
hospital in the department of health pursuant to section four hundred
fifty-five of the public health law; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
15. Uniformed enforcement forces of the New York state thruway
authority, when acting pursuant to subdivision two of section three
hundred sixty-one of the public authorities law; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
16. Employees of the department of health designated pursuant to
section thirty-three hundred eighty-five of the public health law;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
17. Uniformed housing guards of the Buffalo municipal housing
authority.
18. Bay constable of the city of Rye, the villages of Mamaroneck,
South Nyack and bay constables of the towns of East Hampton, Hempstead,
Oyster Bay, Riverhead, Southampton, Southold, Islip, Shelter Island,
Brookhaven, Babylon, Smithtown, Huntington and North Hempstead;
provided, however, that nothing in this subdivision shall be deemed to
authorize the bay constables in the city of Rye, the village of South
Nyack or the towns of Brookhaven, Babylon, Southold, East Hampton,
Riverhead, Islip, other than a bay constable of the town of Islip who
prior to April third, nineteen hundred ninety-eight served as
harbormaster for such town and whose position was reclassified as bay
constable for such town prior to such date, Smithtown, Huntington and
Shelter Island to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
19. Harbor masters appointed by a county, city, town or village.
20. Bridge and tunnel officers, sergeants and lieutenants of the
Triborough bridge and tunnel authority.
21. a. Uniformed court officers of the unified court system.
b. Court clerks of the unified court system in the first and second
departments.
c. Marshall, deputy marshall, clerk or uniformed court officer of a
district court.
(d) Marshalls or deputy marshalls of a city court, provided, however,
that nothing in this subdivision shall be deemed to authorize such
officer to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
e. Uniformed court officers of the city of Mount Vernon.
f. Uniformed court officers of the city of Jamestown.
22. Patrolmen appointed by the Lake George park commission; provided
however that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
23. Parole officers or warrant officers in the division of parole.
23-a. Parole revocation specialists in the division of parole;
provided, however, that nothing in this subdivision shall be deemed to
authorize such employee to carry, possess, repair or dispose of a
firearm unless the appropriate license therefor has been issued pursuant
to section 400.00 of the penal law.
24. Probation officers.
25. Officials, as designated by the commissioner of the department of
correctional services pursuant to rules of the department, and
correction officers of any state correctional facility or of any penal
correctional institution.
26. Peace officers designated pursuant to the provisions of the New
York state defense emergency act, as set forth in chapter seven hundred
eighty-four of the laws of nineteen hundred fifty-one, as amended, when
acting pursuant to their special duties during a period of attack or
imminent attack by enemy forces, or during official drills called to
combat natural or man-made disasters, or during official drills in
preparation for an attack by enemy forces or in preparation for a
natural or man-made disaster; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law; and
provided further, that such officer shall have the powers set forth in
section 2.20 of this article only during a period of imminent or actual
attack by enemy forces and during drills authorized under section
twenty-nine-b of article two-B of the executive law, providing for the
use of civil defense forces in disasters. Notwithstanding any other
provision of law, such officers shall have the power to direct and
control traffic during official drills in preparation for an attack by
enemy forces or in preparation for combating natural or man-made
disasters; however, this grant does not include any of the other powers
set forth in section 2.20 of this article.
27. New York city special patrolmen appointed by the police
commissioner pursuant to subdivision c or e of section 434a-7.0 or
subdivision c or e of section 14-106 of the administrative code of the
city of New York; provided, however, that nothing in this subdivision
shall be deemed to authorize such officer to carry, possess, repair or
dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law and the employer has
authorized such officer to possess a firearm during any phase of the
officers on-duty employment. Special patrolmen shall have the powers set
forth in section 2.20 of this article only when they are acting pursuant
to their special duties; provided, however, that the following
categories of New York city special patrolmen shall have such powers
whether or not they are acting pursuant to their special duties: campus
peace officers-level I, level II and level III and campus public safety
officers employed by the city university of New York; school safety
officers employed by the board of education of the city of New York;
parking control specialists, taxi and limousine inspectors, urban park
rangers and evidence and property control specialists employed by the
city of New York; and further provided that, with respect to the
aforementioned categories of New York city special patrolmen, where such
a special patrolman has been appointed by the police commissioner and,
upon the expiration of such appointment the police commissioner has
neither renewed such appointment nor explicitly determined that such
appointment shall not be renewed, such appointment shall remain in full
force and effect indefinitely, until such time as the police
commissioner expressly determines to either renew or terminate such
appointment.
28. All officers and members of the uniformed force of the New York
city fire department as set forth and subject to the limitations
contained in section 487a-15.0 of the administrative code of the city of
New York; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
29. Special policemen for horse racing, appointed pursuant to the
provisions of the pari-mutuel revenue law as set forth in chapter two
hundred fifty-four of the laws of nineteen hundred forty, as amended;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
30. Supervising fire inspectors, fire inspectors, the fire marshal and
assistant fire marshals, all of whom are full-time employees of the
county of Nassau fire marshal`s office.
31. Supervisor of forest ranger services; assistant supervisor of
forest ranger services; forest ranger 3; forest ranger 2; forest ranger
1 employed by the state department of environmental conservation.
32. Investigators of the department of motor vehicles, pursuant to
section three hundred ninety-two-b of the vehicle and traffic law;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
33. A city marshall of the city of New York who has received training
in firearms handling from the federal bureau of investigation or in the
New York city police academy, or in the absence of the available
training programs from the federal bureau of investigation and the New
York city police academy, from another law enforcement agency located in
the state of New York, and who has received a firearms permit from the
license division of the New York city police department.
34. Waterfront and airport investigators, pursuant to subdivision four
of section ninety-nine hundred six of the unconsolidated laws; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
35. Special investigators appointed by the state board of elections,
pursuant to secton 3-107 of the election law.
36. Investigators appointed by the state liquor authority, pursuant to
section fifteen of the alcoholic beverage control law; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
37. Special patrolmen of a political subdivision, appointed pursuant
to section two hundred nine-v of the general municipal law; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
38. A special investigator of the New York city department of
investigation who has received training in firearms handling in the New
York police academy and has received a firearms permit from the license
division of the New York city police department.
39. Broome county special patrolman, appointed by the Broome county
attorney; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
40. Special officers employed by the city of New York or by the New
York city health and hospitals corporation; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
41. Fire police squads organized pursuant to section two hundred
nine-c of the general municipal law, at such times as the fire
department, fire company or an emergency rescue and first aid squad of
the fire department or fire company are on duty, or when, on orders of
the chief of the fire department or fire company of which they are
members, they are separately engaged in response to a call for
assistance pursuant to the provisions of section two hundred nine of the
general municipal law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
42. Special deputy sheriffs appointed by the sheriff of a county
within which any part of the grounds of Cornell university or the
grounds of any state institution constituting a part of the educational
and research plants owned or under the supervision, administration or
control of said university are located pursuant to section fifty-seven
hundred nine of the education law; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
43. Housing patrolmen of the Mount Vernon housing authority, acting
pursuant to rules of the Mount Vernon housing authority; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
44. The officers, employees and members of the New York city division
of fire prevention, in the bureau of fire, as set forth and subject to
the limitations contained in subdivision one of section 487a-1.0 of the
administrative code of the city of New York; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
45. Persons appointed and designated as peace officers by the Niagara
frontier transportation authority, pursuant to subdivision thirteen of
section twelve hundred ninety-nine-e of the public authorities law.
46. Persons appointed as peace officers by the Sea Gate Association
pursuant to the provisions of chapter three hundred ninety-one of the
laws of nineteen hundred forty, provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
47. Employees of the insurance frauds bureau of the state department
of insurance when designated as peace officers by the superintendent of
insurance and acting pursuant to their special duties; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
48. New York state air base security guards when they are designated
as peace officers under military regulations promulgated by the chief of
staff to the governor and when performing their duties as air base
security guards pursuant to orders issued by appropriate military
authority; provided, however, that nothing in this subdivision shall be
deemed to authorize such guards to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
49. Members of the army national guard military police and air
national guard security personnel belonging to the organized militia of
the state of New York when they are designated as peace officers under
military regulations promulgated by the adjutant general and when
performing their duties as military policemen or air security personnel
pursuant to orders issued by appropriate military authority; provided,
however, that nothing in this subdivision shall be deemed to authorize
such military police or air security personnel to carry, possess, repair
or dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law.
50. Transportation supervisors in the city of White Plains appointed
by the commissioner of public safety in the city of White Plains;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
51. Officers and members of the fire investigation division of the
fire department of the city of Rochester, the city of Binghamton and the
city of Utica, when acting pursuant to their special duties in matters
arising under the laws relating to fires, the extinguishment thereof and
fire perils; provided, however, that nothing in this subdivision shall
be deemed to authorize such officer to carry, possess, repair or dispose
of a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
52. Security hospital treatment assistants, as so designated by the
commissioner of the office of mental health while transporting persons
convicted of a crime to court, to other facilities within the
jurisdiction of the office of mental health, or to any state or local
correctional facility; provided, however, that nothing in this
subdivision shall be deemed to authorize such employee to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of penal law.
53. Authorized agents of the municipal directors of weights and
measures in the counties of Suffolk, Nassau and Westchester when acting
pursuant to their special duties as set forth in section one hundred
eighty-one of the agriculture and markets law; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
54. Special policemen appointed pursuant to section one hundred
fifty-eight of the town law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* 55. Special patrolmen for sports facilities in the performance of
sporting events, pursuant to the provisions of section one hundred six-b
of the alcoholic beverage control law; provided, however, that nothing
in this section shall be deemed to authorize such officer to carry,
possess, repair, or dispose of a firearm unless such officer is required
pursuant to his status as a police officer within this state.
* NB Expired Effective July 1, 1993
56. Dog control officers of the town of Brookhaven, who at the
discretion of the town board may be designated as constables for the
purpose of enforcing article twenty-six of the agriculture and markets
law and for the purpose of issuing appearance tickets permitted under
article seven of such law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
57. Harbor Park rangers employed by the Snug Harbor cultural center in
Richmond county and appointed as New York city special patrolmen by the
police commissioner pursuant to subdivision c of section 14-106 of the
administrative code of the city of New York. Notwithstanding any
provision of law, rule or regulation, such officers shall be authorized
to issue appearance tickets pursuant to section 150.20 of this chapter,
and shall have such other powers as are specified in section 2.20 of
this article only when acting pursuant to their special duties. Nothing
in this subdivision shall be deemed to authorize such officers to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law and
the employer has authorized such officer to possess a firearm during any
phase of the officer`s on-duty employment.
* 57-a. Seasonal park rangers of the Westchester county department of
public safety while employed as authorized by the commissioner of public
safety/sheriff of the county of Westchester; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* NB There are 2 subs. 57-a`s
* 57-a. Officers of the Westchester county public safety emergency
force, when activated by the commissioner of public safety/sheriff of
the county of Westchester; provided, however that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* NB There are 2 subs. 57-a`s
58. Uniformed members of the security force of the Troy housing
authority provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
59. Officers and members of the sanitation police of the department of
sanitation of the city of New York, duly appointed and designated as
peace officers by such department; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
Provided, further, that nothing in this subdivision shall be deemed to
apply to officers and members of the sanitation police regularly and
exclusively assigned to enforcement of such city`s residential recycling
laws.
* 61. Chief fire marshall, assistant chief fire marshall, fire
marshall II and fire marshall I, all of whom are full-time employees of
the Suffolk county department of fire, rescue and emergency services,
when acting pursuant to their special duties in matters arising under
the laws relating to fires, the extinguishment thereof and fire perils;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
* NB There are two sb`s 61
* 61. Investigators employed by the criminal investigations bureau
when assigned to such bureau by the superintendent of banks and acting
pursuant to their special duties as set forth in article two-B of the
banking law; provided, however, that nothing in this subdivision shall
be deemed to authorize such officer to carry, possess, repair or dispose
of a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
* NB There are two sb`s 61
* 62. Chief fire marshall, assistant chief fire marshall, fire
marshall II and fire marshall I, all of whom are full-time employees of
the town of Babylon, when acting pursuant to their special duties in
matters arising under the laws relating to fires, the extinguishment
thereof and fire perils; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* NB There are two sb`s 62
* 62. Employees of the division for youth assigned to transport and
warrants units who are specifically designated by the director in
accordance with section five hundred four-b of the executive law,
provided, however, that nothing in this subdivision shall be deemed to
authorize such employees to carry, possess, repair or dispose of a
firearm unless the appropriate license therefor has been issued pursuant
to section 400.00 of the penal law.
* NB There are two sb`s 62
* 63. Uniformed members of the fire marshal`s office in the town of
Southhampton, when acting pursuant to their special duties in matters
arising under the laws relating to fires, the extinguishment thereof and
fire perils; provided, however that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
* NB There are two sb`s 63
* 63. Employees of the town court of the town of Greenburgh serving as
a security officer; provided, however, that nothing in this subdivision
will be deemed to authorize such officer to carry, possess, repair or
dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law or to authorize such
officer to carry or possess a firearm except while on duty.
* NB There are two sb`s 63
64. Cell block attendants employed by the city of Buffalo police
department; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
65. Chief fire marshall, assistant chief fire marshall, fire marshall
II and fire marshall I, all of whom are full-time employees of the town
of Brookhaven, when acting pursuant to their special duties in matters
arising under the laws relating to fires, the extinguishment thereof and
fire perils; provided, however, that nothing in this subdivision shall
be deemed to authorize such officer to carry, possess, repair or dispose
of a firearm unless the appropriate license thereof has been issued
pursuant to section 400.00 of the penal law.
66. Employees of the village court of the village of Spring Valley
serving as security officers at such village court; provided, however,
that nothing in this subdivision shall be deemed to authorize such
officer to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
67. Employees of the town court of the town of Putnam Valley serving
as a security officer; provided, however, that nothing in this
subdivision will be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law or to
authorize such officer to carry or possess a firearm except while on
duty.
* 68. The state inspector general and investigators designated by the
state inspector general; provided, however, that nothing in this
subdivision shall be deemed to authorize the state inspector general or
such investigators to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
* NB There are 5 subs. 68
* 68. Dog control officers of the town of Arcadia, who at the
discretion of the town board may be designated as constables for the
purpose of enforcing article twenty-six of the agriculture and markets
law and for the purpose of issuing appearance tickets permitted under
article seven of such law; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* NB There are 5 subs. 68
* 68. Employees appointed by the sheriff of Livingston county, when
acting pursuant to their special duties serving as uniformed marine
patrol officers; provided, however, that nothing in this subdivision
shall be deemed to authorize such officer to carry, possess, repair or
dispose of a firearm unless the appropriate license has been issued
pursuant to section 400.00 of the penal law or to authorize such officer
to carry or possess a firearm except while on duty.
* NB There are 5 subs. 68
* 68. Employees of the town court of the town of Southampton serving
as uniformed court officers at such town court; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* NB There are 5 subs. 68
* 68. Persons employed by the Chautauqua county sheriff`s office
serving as court security officers; provided, however, that nothing in
this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 5 subs. 68
69. Employees of the village court of the village of Amityville
serving as uniformed court officers at such village court; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
70. Employees appointed by the sheriff of Yates county, pursuant to
their special duties serving as uniformed marine patrol officers;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license has been issued pursuant to section
400.00 of the penal law or to authorize such officer to carry or possess
a firearm except while on duty.
71. Town of Smithtown fire marshalls when acting pursuant to their
special duties in matters arising under the laws relating to fires, the
extinguishment thereof and fire perils; provided, however, that nothing
in this subdivision shall be deemed to authorize such officers to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
72. Persons employed by Canisius college as members of the security
force of such college; provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
73. Employees of the town court of the town of Newburgh serving as
uniformed court officers at such town court; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* 74. a. Special deputy sheriffs appointed by the sheriff of Tompkins
county pursuant to paragraphs b and c of this subdivision; provided,
however, that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section
400.00 of the penal law.
b. For the protection of the grounds, buildings and property of Ithaca
college the prevention of crime and the enforcement of law and order,
and for the enforcement of such rules and regulations as the board of
trustees of Ithaca college shall from time to time make, the sheriff of
Tompkins county may appoint and remove following consultation with
Ithaca college such number of special deputy sheriffs as is determined
by the sheriff to be necessary for the maintenance of public order at
Ithaca college, such appointments to be made from persons nominated by
the president of Ithaca college. Such special deputy sheriffs shall
comply with requirements as established by the sheriff and shall act
only within Tompkins county. Such special deputy sheriffs so appointed
shall be employees of the college and subject to its supervision and
control as outlined in the terms and conditions to be mutually agreed
upon between the sheriff and Ithaca college. Such special deputy
sheriffs shall have the powers of peace officers and shall act solely
within the said grounds or premises owned or administered by Ithaca
college, except in those rare and special situations when requested by
the sheriff to provide assistance on any public highway which crosses or
adjoins such property. Ithaca college will provide legal defense and
indemnification, and hold harmless the county of Tompkins, its officers
and employees and the Tompkins county sheriff, its officers and
employees, from all claims arising out of conduct by or injury to, such
personnel while carrying out their law enforcement functions except in
those situations when they are acting under the direct supervision and
control of the county or sheriff`s department.
c. Every special deputy sheriff so appointed shall, before entering
upon the duties of his or her office, take and subscribe the oath of
office prescribed by article thirteen of the constitution of the state
of New York which oath shall be filed in the office of the county clerk
of Tompkins county. Every special deputy sheriff appointed under this
subdivision when on regular duty shall wear conspicuously a metallic
shield with a designating number and the words "Special Deputy Sheriff
Ithaca College" thereon.
* NB There are 4 subs. 74
* 74. Parks and recreation forest rangers employed by the office of
parks, recreation and historic preservation; provided, however, that
nothing in this subdivision shall be deemed to authorize such
individuals to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
* NB There are 4 subs. 74
* 74. Employees of the village court of the village of Quogue, town of
Southampton serving as uniformed court officers at such village court;
provided, however, that nothing in this subdivision shall be deemed to
authorize such officer to carry, possess, repair or dispose of a firearm
unless the appropriate license therefor has been issued pursuant to
section 400.00 of the penal law.
* NB There are 4 subs. 74
* 74. Employees of the town court of the town of East Hampton serving
as uniformed court officers at such town court; provided, however, that
nothing in this subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
* NB There are 4 subs. 74
* 75. Dog control officers of the town of Clarence, who at the
discretion of the town board may be designated as constables for the
purpose of enforcing article twenty-six of the agriculture and markets
law and for the purpose of issuing appearance tickets permitted under
article seven of the agriculture and markets law; provided, however,
that nothing in this subdivision shall be deemed to authorize such
officers to carry, possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
* NB There are 3 subs. 75
* 75. Airport security guards, senior airport security guards, airport
security supervisors, retired police officers, and supervisors of same,
who are designated by resolution of the town board of the town of Islip
to provide security at Long Island MacArthur Airport when acting
pursuant to their duties as such, and such authority being specifically
limited to the grounds of the said airport. However, nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
* NB There are 3 subs. 75
* 75. Officers and members of the fire investigation unit of the fire
department of the city of Buffalo when acting pursuant to their special
duties in matters arising under the laws relating to fires, the
extinguishment thereof and fire perils; provided, however, that nothing
in this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
* NB There are 3 subs. 75
S 2.15 Federal law enforcement officers; powers.
The following federal law enforcement officers shall have the powers
set forth in paragraphs (a) (with the exception of the powers provided
by paragraph (b) of subdivision one and paragraph (b) of subdivision
three of section 140.25 of this chapter), (b), (c) and (h) of
subdivision one of section 2.20 of this article:
1. Federal Bureau of Investigation special agents.
2. United States Secret Service special agents.
3. Immigration and Naturalization Service immigration inspectors,
special agents, patrol officers and deportation officers.
4. United States Marshals and Marshals Service deputies.
5. Drug Enforcement Administration special agents.
6. Federal Protective Officers.
7. United States Customs Service special agents, inspectors and patrol
officers.
8. United States Postal Service police officers and inspectors.
9. United States park police; provided, however that, notwithstanding
any provision of this section to the contrary, such park police shall
also have the powers set forth in paragraph (b) of subdivision one of
section 140.25 of this chapter and the powers set forth in paragraphs
(d), (e) and (g) of subdivision one of section 2.20 of this article.
10. Federal parole officers.
11. United States General Services Administration special agents.
12. United States Department of Agriculture special agents.
13. Bureau of Alcohol, Tobacco and Firearms special agents.
14. Internal Revenue Service special agents and inspectors.
15. Officers of the United States bureau of prisons.
16. United States Fish and Wildlife special agents.
17. United States Naval Investigative Service special agents.
18. United States Department of State special agents.
19. Special agents of the defense criminal investigative service of
the United States department of defense.
20. United States Department of Commerce, Office of Export
Enforcement, special agents.
21. United States Department of Veterans Administration police
officers employed at the Veterans Administration Medical Center in
Batavia.
22. Federal Reserve law enforcement officers.
S 2.20 Powers of peace officers.
1. The persons designated in section 2.10 of this article shall have
the following powers:
(a) The power to make warrantless arrests pursuant to section 140.25
of this chapter.
(b) The power to use physical force and deadly physical force in
making an arrest or preventing an escape pursuant to section 35.30 of
the penal law.
(c) The power to carry out warrantless searches whenever such searches
are constitutionally permissible and acting pursuant to their special
duties.
(d) The power to issue appearance tickets pursuant to subdivision
three of section 150.20 of this chapter, when acting pursuant to their
special duties. New York city special patrolmen shall have the power to
issue an appearance ticket only when it is pursuant to rules and
regulations of the police commissioner of the city of New York.
(e) The power to issue uniform appearance tickets pursuant to article
twenty-seven of the parks, recreation and historic preservation law and
to issue simplified traffic informations pursuant to section 100.25 of
this chapter and section two hundred seven of the vehicle and traffic
law whenever acting pursuant to their special duties.
(f) The power to issue a uniform navigation summons and/or complaint
pursuant to section nineteen of the navigation law whenever acting
pursuant to their special duties.
(g) The power to issue uniform appearance tickets pursuant to article
seventy-one of the environmental conservation law, whenever acting
pursuant to their special duties.
(h) The power to possess and take custody of firearms not owned by the
peace officer, for the purpose of disposing, guarding, or any other
lawful purpose, consistent with his duties as a peace officer.
(i) Any other power which a particular peace officer is otherwise
authorized to exercise by any general, special or local law or charter
whenever acting pursuant to his special duties, provided such power is
not inconsistent with the provisions of the penal law or this chapter.
2. For the purposes of this section a peace officer acts pursuant to
his special duties when he performs the duties of his office, pursuant
to the specialized nature of his particular employment, whereby he is
required or authorized to enforce any general, special or local law or
charter, rule, regulation, judgment or order.
3. A peace officer, whether or not acting pursuant to his special
duties, who lawfully exercises any of the powers conferred upon him
pursuant to this section, shall be deemed to be acting within the scope
of his public employment for purposes of defense and indemnification
rights and benefits that he may be otherwise entitled to under the
provisions of section fifty-k of the general municipal law, section
seventeen or eighteen of the public officers law, or any other
applicable section of law.
S 2.30 Training requirements for peace officers.
1. Every peace officer in the state of New York, appointed after the
effective date of this article, who works a full complement of hours
which constitutes full-time employment for the officer`s employer, must
successfully complete a training program, a portion of which shall be
prescribed by the municipal police training council and by his employer,
the state or local agency, unit of local government, state or local
commission, or public authority or private organization that employs
him. The portion prescribed by the municipal police training council
shall be comprised of subjects, and the hours each is to be taught, that
shall be required of all types or classes of peace officers. The hours
of instruction required by the municipal police training council shall
not exceed thirty-five, unless a greater amount is either required by
law or regulation, or is requested by the employer.
The segment prescribed by the employer for his employees shall be
comprised of subjects, and the hours each is to be taught, relating to
the special nature of the duties of the peace officers employed by him.
Each state or local agency, unit of local government, state or local
commission, or public authority, or public or private organization which
employs peace officers shall provide the training mandated by this
section, and transmit to the municipal police training council within
six months after the effective date of this article the proposed
training program for peace officers, comprised of subjects required by
the employer, the cost of which will be borne by the employer. The
program shall:
(a) List the subjects comprising the proposed curriculum and the
number of hours each is to be taught;
(b) List the proposed instructors for each subject with their
qualifications; and
(c) Indicate the proposed location of the school.
In the reviewing of the employer`s submission, the instructors must be
found qualified by background and experience, and if so found, the
course shall be certified by the municipal police training council. When
the subjects prescribed by the employer are identical to the subjects in
the training program required by the municipal police training council,
the officer shall not be required to take duplicate training for those
subjects. It is the responsibility of every employer to provide the
training program certified by the municipal police training council.
Each peace officer satisfactorily completing the course shall be awarded
a certificate by the division of criminal justice services attesting to
that effect, and no person appointed as a peace officer after the
effective date of this article shall exercise the powers of a peace
officer, unless he has received such certification within twelve months
of appointment. Where an employer has authorized a peace officer to
carry or use a weapon during any phase of the officer`s official duties,
which constitutes on-duty employment, the program shall include the same
number of hours of instruction in deadly physical force and the use of
firearms and other weapons as is required in the basic training program
for police officers by the municipal police training council. The
program shall include the information set forth in subdivision seven of
section 265.10 of the penal law. No employer shall allow any peace
officer, notwithstanding when the officer was appointed, to carry or use
a weapon during any phase of the officer`s official duties, which
constitutes on-duty employment, unless the officer has satisfactorily
completed a course of training approved by the municipal police training
council in the use of deadly physical force and firearms and other
weapons, and annually receives instruction in deadly physical force and
the use of firearms and other weapons as approved by the municipal
police training council. The course of training in the use of deadly
physical force and firearms and other weapons shall be provided by the
officer`s employer, not later than six months from the date on which the
officer was appointed, where the officer is authorized to carry a weapon
pursuant to law.
2. Upon the failure or refusal to comply with the requirements of
subdivision one of this section, the commissioner of the division of
criminal justice services shall apply to the supreme court for an order
directed to the person responsible requiring compliance. Upon such
application, the court may issue such order as may be just, and a
failure to comply with the order of the court shall be a contempt of
court and punishable as such.
3. Any individual who is a peace officer or a New York city special
patrolman on the effective date of this article and has previously taken
a formalized course of training while a peace officer or a New York city
special patrolman, may apply, in writing, to the municipal police
training council for certification. The application shall be granted or
denied for reasons specifically and concisely stated in writing, and if
granted, the exact extent of any waiver of the training then presently
required for new appointees shall be set forth. The certification shall
be granted only if the municipal police training council determines that
the course of training previously taken by the applicant is in
substantial compliance with the training then presently required for new
appointees.
When an application is denied, it is the responsibility of the officer
to obtain the training that is required in order to obtain
certification. When a peace officer meets the training requirements
specified herein, the division of criminal justice services shall issue
that person a certificate attesting to the fact that he has
satisfactorily completed the required training.
4. Any peace officer appointed after the effective date of this
article who normally works on a part-time basis for less than the full
complement of hours which would constitute full-time employment for
their position as determined by their employer, shall receive training
which may, in whole or in part, be in-service training. The portion of
the training program required by the municipal police training council
shall not exceed ten hours of instruction. The segment of the training
program prescribed by the employer shall be comprised of subjects, and
the hours each is to be taught, relating to the special nature of the
duties of the peace officers employed by him. Every employer who employs
part-time peace officers shall transmit to the municipal police training
council within six months after the effective date of this article the
proposed training program for its officers, in accordance with the
procedure and requirements set forth in subdivision one of this section.
Each peace officer satisfactorily completing the training requirements
shall be issued a certificate by the division of criminal justice
services attesting to that effect.
5. Every employer of peace officers shall annually report to the
municipal police training council, in such form and at such time as the
council may by regulation require, the names and addresses of all peace
officers who have, during the course of the year, satisfactorily
completed any of the training requirements prescribed by this section.
6. A certificate attesting to satisfactory completion of the training
requirements imposed under this section awarded to any peace officer by
the executive director of the municipal police training council pursuant
to this section shall remain valid:
(a) during the holder`s continuous service as a peace officer; and
(b) for two years after the date of the commencement of an
interruption in such service where the holder had, immediately prior to
such interruption, served as a peace officer for less than two
consecutive years; or
(c) for four years after the date of the commencement of an
interruption in such service where the holder had, immediately prior to
such interruption, served as a peace officer for two consecutive years
or longer.
As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a peace officer by reason of
such officer`s leave of absence, resignation or removal, other than
removal for cause.
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