Bill Text: NY S00140 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to revoking a license to carry, possess, repair and dispose of firearms for a conviction for failure to safely store rifles, shotguns, and firearms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S00140 Detail]

Download: New_York-2023-S00140-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           140

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation  to  revoking  a  license  to
          carry,  possess,  repair  and dispose of firearms for a conviction for
          failure to safely store rifles, shotguns, and firearms

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a) of subdivision 11 of section 400.00 of the
     2  penal law, as amended by chapter 371 of the laws of 2022, is amended  to
     3  read as follows:
     4    (a)  The  conviction  of  a  licensee  anywhere of a felony or serious
     5  offense or a conviction of a licensee under section 265.45 or 265.50  of
     6  this   chapter or a licensee at any time becoming ineligible to obtain a
     7  license, including engaging in conduct that would have resulted  in  the
     8  denial  of  a license, under this section shall operate as or be grounds
     9  for, a revocation of the license.  A license may be revoked or suspended
    10  as provided for in section 530.14  of  the  criminal  procedure  law  or
    11  section  eight hundred forty-two-a of the family court act. Except for a
    12  license issued pursuant to section 400.01 of this article, a license may
    13  be revoked and cancelled at any time in the city of New York, and in the
    14  counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
    15  than  in  the  city  of  New  York by any judge or justice of a court of
    16  record; a license issued pursuant to section 400.01 of this article  may
    17  be  revoked  and  cancelled  at any time by the licensing officer or any
    18  judge or justice of a court of record. A license to engage in the  busi-
    19  ness  of  dealer  may  be  revoked or suspended for any violation of the
    20  provisions of article thirty-nine-BB of the general  business  law.  The
    21  official  revoking  a  license shall give written notice thereof without
    22  unnecessary delay to the executive department, division of state police,
    23  Albany, and shall also notify immediately the  duly  constituted  police

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01866-01-3
        S. 140                              2

     1  authorities  of  the  locality.  The  licensing officer shall revoke any
     2  license issued in which an applicant knowingly  made  a  material  false
     3  statement on the application. Notice of a revocation under this subdivi-
     4  sion  shall  be  issued  in  writing and shall include the basis for the
     5  determination, which shall  be  supported  by  a  preponderance  of  the
     6  evidence. Such notice shall also include information regarding the abil-
     7  ity  to  appeal  such  decision in accordance with subdivision four-a of
     8  this section.
     9    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    10  have become a law.