N.Y. Comp. Codes R. & Regs. tit. 9 § 7003.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7003.8 - Firearms control

(a) Except as otherwise provided in this Part, firearms or ammunition shall not be permitted within the secure area of any local correctional facility.

(b) All persons in possession of any firearms or ammunition shall be required to deposit such items in a secure depository or with a facility staff member prior to entering the secure area of any local correctional facility. Any person so depositing firearms or ammunition may demand, and upon demand shall receive, a receipt for such items. Any firearms or ammunition deposited pursuant to this subdivision shall be maintained in a safe and secure manner.

(c) All facility firearms or ammunition shall be maintained in a safe and secure area. An inspection of all facility firearms or ammunition shall be conducted at least every six months. A written record of such inspections shall be maintained and shall include:

(1) the name of the person conducting the inspection;

(2) the date of inspection;

(3) the type and quantity of firearms or ammunition; and

(4) any other information relative to the condition of the firearms or ammunition.

(d) Facility firearms or ammunition shall be issued only upon the determination of the chief administrative officer. Such determination shall be in writing and shall include the:

(1) specific facts and reasons underlying the determination;

(2) date and time of issuance and return of any firearms or ammunition;

(3) type and serial number of firearms or ammunition issued; and

(4) name of any person issued the firearms or ammunition.

(e) Firearms or ammunition shall be issued only to facility staff members trained in the use of such equipment by a certified firearms instructor.

(f) Except as otherwise provided in this subdivision, only firearms or ammunition issued by the facility shall be used by facility staff members in the performance of their official duties. Firearms other than facility issued firearms may be used by facility staff members in the performance of their official duties when:

(1) the chief administrative officer has approved such use in writing; and

(2) such facility staff members present certification of training in the use of such equipment by a certified firearms instructor.

(g) The storage, inspection, issuance and administration of chemical agents shall be in accordance with the provisions of Part 7063 of this Subtitle.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7003.8