PL 265.01-e:
New York Sensitive Locations

New York Penal Law Section 265.01-e makes it a Class E felony to possess a firearm, rifle, or shotgun in or on a listed sensitive location when the person knows or reasonably should know that the place is a sensitive location. The statute includes its own exceptions, and court orders have affected particular categories and parties.^[1]

Locations Listed in the Statute

The statutory list includes government-administration locations and courts; specified health, behavioral-health, chemical-dependence, childcare, disability, mental-health, social-service, shelter, and residential programs; educational institutions; libraries, public playgrounds, qualifying public parks, and zoos; places of worship; public transportation vehicles and facilities; airports and transit terminals, although enforcement of the airport ban was permanently enjoined on September 30, 2026; on-premises alcohol and cannabis establishments; performance, entertainment, gaming, sporting, conference, and banquet venues; polling places; qualifying restricted public areas and special events; protest or assembly gatherings; and the city-defined Times Square area.^[1]

The exact statutory category controls. For example, the public-park definition excludes privately held land within a park that is not dedicated to public use and the Environmental Conservation Law forest preserve. The special-event provision includes access and signage conditions. The Times Square provision requires clear and conspicuous identification.^[1]

Statutory Exceptions

Subdivision 3 lists exceptions for specified active and retired law-enforcement personnel, police and peace officers, qualifying armed security guards at their work location and during work hours, active-duty military personnel, licensees performing specified official duties, authorized government employees, lawful hunting and firearms training activity, qualifying in-residence program operators, specified transit-security employees, historical and theatrical activity, museum personnel, military ceremonies, and biathlon activity. Each exception has its own conditions.^[1]

Places of Worship

Places of worship remain in the statutory text, which also excepts persons responsible for security there. The litigation does not support a single statewide statement that the category was erased. In December 2023, the Second Circuit vacated the preliminary injunction entered in Hardaway and affirmed the Spencer injunction as relief for the plaintiffs in that case. In the post-Rahimi proceedings, the court reinstated those mandates and treated the Antonyuk worship claim as moot after the statutory amendment. The applicable statute and court order must therefore be checked for the person and circumstances involved.^[2]

Public Parks

In May 2026, the Second Circuit rejected a facial challenge to the public-parks category in Christian v. James because the provision has constitutional applications, particularly in urban parks. The decision did not resolve every possible as-applied challenge involving every type of park. On September 30, 2026, the district court in Antonyuk v. Hochul dismissed the claims against the public-parks, alcohol-establishment, theater and zoo provisions.^[3]

Times Square and Public Transit

In September 2025, the Second Circuit affirmed the denial of preliminary relief in Frey v. City of New York concerning the challenged Times Square, NYC subway, and Metro-North restrictions. The court did not enter a final merits judgment declaring every challenged application constitutional. The parties later stipulated to dismissal with prejudice, and the district court closed the case on July 8, 2026.^[4][5]

Private Property Is a Separate Rule

The U.S. Supreme Court's June 25, 2026 decision in Wolford v. Lopez concerns default rules for licensed carry on private property open to the public. It does not remove New York's separate statutory list of sensitive locations under Section 265.01-e.^[6]