Prohibits the possession and use of live ammunition at a film production facility or a qualified film production facility; requires all persons employed or present at a film production facility or a qualified film production facility to receive proper training on the safe use, handling, storage and transportation of firearms.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A829
SPONSOR: Epstein
 
TITLE OF BILL:
An act to amend the penal law, in relation to prohibiting the possession
and use of live ammunition at a film production facility or a qualified
film production facility
 
PURPOSE:
To prevent studio accidents by prohibiting live ammunition on studio
sets and requiring training for the safe handling, use, and storage of
firearms.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 265.35 of the penal law to make
possession or use of live ammunition at film production facilities a
class E felony Additionally, all persons employed or present at a film
production facility complete a training designed and implemented by the
superintendent of police, in: the safe use, handing storage and trans-
portation of firearms.
Section 2 of the bill states the effective dale.
 
JUSTIFICATION:
On Friday, October 22, 2021, a film, crew member was fatally shot while
another was injured after an actor discharged a prop firearm. While
tragic, it is not the first. The Associated Press (AP) has reported that
between 1990 and 2016, at least 43 people have died on movie sets in the
United States and 150 suffered life-altering injuries,(1)
New York enact enact firearms laws that protect workers in the enter-
tainment industry Safety bulletins, written by the industry-Wide Labor-
Management Safety Committee, govern the safety and use of firearms on
movie sets. These safety bulletins are not mandatory nor applied
consistently across studios or production companies. The state as a
responsibility to protect these workers on job sites.
This provision of this bill will protect entertainment industry workers
and prevent future accidents by prohibiting live ammunition in film
production facilities and requiring safety training for all cast and
crew whenever the production crew requests firearms.
 
LEGISLATIVE HISTORY:
2022: A8429 (Epstein) / S 7477 (Thomas) - Assembly Codes / Senate Codes.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) httpsliapnews.com,article'enterta:rment-ab-
top-news-us-news-business-movies2dfb6O787f2249529ae04c9443828a7f
STATE OF NEW YORK
________________________________________________________________________
829
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. EPSTEIN, SEAWRIGHT -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the possession
and use of live ammunition at a film production facility or a quali-
fied film production facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.35 of the penal law is amended by adding a new
2 subdivision 4 to read as follows:
3 4. (a) Any person who possesses or uses live ammunition at a film
4 production facility or a qualified film production facility, as such
5 terms are defined in section twenty-four of the tax law, shall be guilty
6 of a class E felony.
7 (b) All persons employed or present at a film production facility or a
8 qualified film production facility, as such terms are defined in section
9 twenty-four of the tax law, shall receive proper training on the safe
10 use, handling, storage and transportation of firearms.
11 (c) The superintendent of police shall design and implement a firearm
12 safety training program that shall be completed by all persons employed
13 or present at a film production facility or a qualified film production
14 facility, if firearms shall be used or handled at such facility, prior
15 to such use and handling.
16 (d) For purposes of this section the term "firearm" shall include,
17 prop guns, rubber guns, plastic guns, non-guns, flintlock guns, pistols,
18 machine guns, rifles and shotguns that discharge blank cartridges or
19 ammunition.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01898-01-3