City law department explains limits on advising private businesses about firearms; item tabled
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Summary
A resolution requesting state guidance on private businesses' rights to prohibit firearms prompted the City Law Department to explain Article 12 of the City Charter and City Code Section 35.5 limit city attorneys from providing legal advice to members of the public; the committee tabled the request pending external guidance.
The Committee on Community Development opened a request on July 29 seeking state guidance for private businesses on prohibiting firearms on their premises.
Lisa Yeager of the City Law Department told the committee that Article 12 of the City Charter defines who the city attorney represents and that City Code Section 35.5 "provides further restrictions" on the law department providing legal advice or representation to members of the public, including businesses. Yeager explained that because the city attorney represents the municipal corporation and its officers, "City attorneys may not provide legal advice to members of the public." She said the request for guidance was sent to New York State and that the state's attorney general's office had concluded it had a conflict of interest regarding the matter.
The committee closed the discussion and then voted to table the item. No new guidance was adopted at the meeting and the law department advised that legal questions from private businesses should be addressed through appropriate state channels or private counsel.
The committee took no enforcement action or ordinance change at the meeting; members indicated the matter requires guidance from state authorities before the city can advise businesses or adopt local policy changes.