Will it be a felony to have a gun in the Adirondacks? The governor's office says no
New York's new gun bill, passed in a special session and signed by Gov. Kathy Hochul last week, creates a list of "sensitive locations" where guns will be prohibited when the law takes effect Sept. 1. The legislation was a response to the U.S. Supreme Court ruling that overturned the state's concealed carry restrictions.
One category of "sensitive locations" includes public parks. The new law will also make it a felony to possess a firearm in or upon such locations, with some exceptions.
Some North Country politicians have claimed that means the law automatically makes having a firearm anywhere in the Adirondack Park illegal. But the governor's office said that's not the case.
Lawmakers weigh in
In a report published by the Plattsburgh Press-Republican over the weekend, State Assemblyman D. Billy Jones of Chateaugay Lake — the North Country's lone Democrat in Albany — said it was deeply concerning that "simply possessing a gun in the Adirondack Park is now considered illegal."
Then on Tuesday evening, Republican State Sen. Dan Stec of Queensbury issued a statement saying the new law puts the approximately 130,000 residents of the park at risk of felony charges for merely owning a shotgun or rifle.
“This is classic Albany Democrat behavior,” he said. “After their last attempt at gun control legislation was rejected by the Supreme Court, they rushed through more ill-conceived legislation that turns law-abiding gun owners in the Adirondack Park into felons."
Both Jones and Stec voted against the bill.
North Country Congresswoman Elise Stefanik, R-Schuylerville, echoed Stec's remarks.
"This is a direct attack on the law-abiding and patriotic citizens of the North Country and Adirondack Park," she said.
Park not a "sensitive location"
But a spokesperson for Governor Kathy Hochul said the new gun bill changes nothing for lawful gun owners on either public or private lands within the blue line of the Adirondacks and Catskills. That’s because those areas are classified in statute and the state’s constitution as Forest Preserve, which makes them distinct from all other public parks in the state.
"These areas are not considered 'sensitive locations' under the law, however there will be sensitive locations within these areas, like playgrounds and hospitals, consistent with locations outlined in the law for every other part of the state," Deputy Director of Communications Jim Urso said in a provided statement.
The new law's text does not specifically reference the Forest Preserve. It also provides exemptions to the felony charge, such as for current and retired police officers, active-duty servicemembers, and those engaged in legal hunting and hunter education activities.
The Governor's Office said it is directing State Police and the state Department of Environmental Conservation to provide guidance to law enforcement that reflects an adequate reading of the state constitution and current law.
Stec: Amendment needed
But Stec told NCPR that Urso’s statement wasn’t enough.
He expressed concern that, under future governors and state agency leaders, the wording of the law could be interpreted literally. He also pointed to how, during floor debate, legislative sponsors of the gun bill said the “sensitive locations” provisions would indeed apply to public lands in the Adirondacks.
The senator wants the bill amended to avoid confusion and protect Adirondack gun owners.
“Short of that, I think we need something far beyond a spokesperson for the governor saying what they think this means,” Stec said. “I'd like the governor to issue something formal, or the State Police or the DEC saying, ‘This is our understanding.’
"But we’re in this mess because they rushed this legislation through," he continued. "It's just very sloppy and it needs to be cleaned up.”
In a provided statement, Jones said he had been working to get clarification on the bill's language and impact.
"The residents that live in the Adirondack Park and North Country deserve clarification on what this bill means for them," he said.
In a tweet, Stefanik called for the new law to be thrown out altogether. Stec agreed, saying it should be scrapped and the legislature should start over.
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