Bill Text: NY S00682 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that a license to possess a pistol or revolver shall permit the licensee to carry such weapon concealed.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00682 Detail]

Download: New_York-2019-S00682-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           682
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ORTT  --  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  licenses  to  carry  and
          possess firearms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
     2  amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
     3  follows:
     4    2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
     5  shall  be  issued  to engage in such business. A license for a pistol or
     6  revolver, other than an assault weapon or  a  disguised  gun,  shall  be
     7  issued  to [(a) have and] possess [in his dwelling by a householder; (b)
     8  have and possess in his place of business by a merchant or  storekeeper;
     9  (c) have] and carry concealed [while so employed by a messenger employed
    10  by  a  banking  institution  or  express  company;  (d)  have  and carry
    11  concealed by a justice of the supreme court in the first or second judi-
    12  cial departments, or by a judge of the New York city civil court or  the
    13  New  York  city  criminal  court;  (e) have and carry concealed while so
    14  employed by a regular employee of an institution of the state, or of any
    15  county, city, town or  village,  under  control  of  a  commissioner  of
    16  correction  of  the city or any warden, superintendent or head keeper of
    17  any state prison, penitentiary, workhouse, county jail or other institu-
    18  tion for the detention of persons convicted or accused of crime or  held
    19  as witnesses in criminal cases, provided that application is made there-
    20  for  by  such  commissioner,  warden, superintendent or head keeper; (f)
    21  have and carry concealed,] without regard  to  employment  or  place  of
    22  possession[,  by  any  person  when proper cause exists for the issuance
    23  thereof; and (g) have, possess, collect and carry antique pistols  which
    24  are  defined as follows: (i) any single shot, muzzle loading pistol with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02369-01-9
        S. 682                              2

     1  a matchlock, flintlock, percussion cap,  or  similar  type  of  ignition
     2  system  manufactured  in or before l898, which is not designed for using
     3  rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
     4  ca of any pistol described in clause (i) hereof if such replica--
     5    (1)  is  not  designed or redesigned for using rimfire or conventional
     6  centerfire fixed ammunition, or
     7    (2) uses rimfire or conventional centerfire fixed ammunition which  is
     8  no  longer  manufactured  in  the United States and which is not readily
     9  available in the ordinary channels of commercial trade].
    10    § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
    11  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    12  follows:
    13    (a) Applications shall be made and renewed, in the case of  a  license
    14  to carry [or] and possess a pistol or revolver, to the licensing officer
    15  in  the city or county, as the case may be, where the applicant resides,
    16  is principally employed or has his or her principal place of business as
    17  merchant or storekeeper; and, in the case of a license  as  gunsmith  or
    18  dealer  in  firearms, to the licensing officer where such place of busi-
    19  ness is located. Blank applications shall, except in  the  city  of  New
    20  York,  be  approved as to form by the superintendent of state police. An
    21  application shall state the full name, date of birth, residence, present
    22  occupation of each person or individual signing the same, whether or not
    23  he or she is a citizen of the United States, whether or not  he  or  she
    24  complies  with each requirement for eligibility specified in subdivision
    25  one of this section and such other facts as may be required to show  the
    26  good  character,  competency  and integrity of each person or individual
    27  signing the application. An application shall be signed and verified  by
    28  the  applicant.  Each individual signing an application shall submit one
    29  photograph of himself or herself and a duplicate for each required  copy
    30  of the application. Such photographs shall have been taken within thirty
    31  days  prior  to filing the application. In case of a license as gunsmith
    32  or dealer in firearms, the photographs submitted  shall  be  two  inches
    33  square,  and the application shall also state the previous occupation of
    34  each individual signing the same and the location of the place  of  such
    35  business,  or  of the bureau, agency, subagency, office or branch office
    36  for which the license is sought, specifying the name of the  city,  town
    37  or  village,  indicating the street and number and otherwise giving such
    38  apt description as to point out reasonably the location thereof. In such
    39  case, if the applicant is a firm, partnership or corporation, its  name,
    40  date  and  place  of formation, and principal place of business shall be
    41  stated. For such firm or partnership, the application  shall  be  signed
    42  and  verified  by  each individual composing or intending to compose the
    43  same, and for such corporation, by each officer thereof.
    44    § 3. Subdivision 6 of section 400.00 of the penal law, as  amended  by
    45  chapter 318 of the laws of 2002, is amended to read as follows:
    46    6.  License:  validity.  Any  license  issued pursuant to this section
    47  shall be valid notwithstanding the provisions of any local law or  ordi-
    48  nance.    No  license shall be transferable to any other person or prem-
    49  ises. A license to carry [or] and possess a  pistol  or  revolver[,  not
    50  otherwise limited as to place or time of possession,] shall be effective
    51  throughout the state, except that the same shall not be valid within the
    52  city  of New York unless a special permit granting validity is issued by
    53  the police commissioner of that city. Such license  to  carry  [or]  and
    54  possess  shall  be valid within the city of New York in the absence of a
    55  permit issued by the police commissioner of that city, provided that (a)
    56  the firearms covered by such license have been purchased from a licensed
        S. 682                              3
     1  dealer within the city of New York and are being transported out of said
     2  city forthwith and immediately from said dealer by  the  licensee  in  a
     3  locked container during a continuous and uninterrupted trip; or provided
     4  that  (b)  the firearms covered by such license are being transported by
     5  the licensee in a locked container and the trip through the city of  New
     6  York  is continuous and uninterrupted; or provided that (c) the firearms
     7  covered by such license are  carried  by  armored  car  security  guards
     8  transporting  money  or  other valuables, in, to, or from motor vehicles
     9  commonly known as armored cars, during the course of  their  employment;
    10  or  provided that (d) the licensee is a retired police officer as police
    11  officer is defined pursuant to subdivision thirty-four of  section  1.20
    12  of the criminal procedure law or a retired federal law enforcement offi-
    13  cer,  as  defined in section 2.15 of the criminal procedure law, who has
    14  been issued a license by an authorized licensing officer as  defined  in
    15  subdivision  ten  of  section 265.00 of this chapter; provided, further,
    16  however, that if such license was not issued in the city of New York  it
    17  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    18  ment Officer", as the case may be, and, in the case of a retired officer
    19  the  license  shall  be  deemed  to  permit  only  police or federal law
    20  enforcement regulations weapons; or provided that (e) the licensee is  a
    21  peace officer described in subdivision four of section 2.10 of the crim-
    22  inal  procedure law and the license, if issued by other than the city of
    23  New York, is marked "New York State Tax Department Peace Officer" and in
    24  such case the exemption shall apply only to the firearm issued  to  such
    25  licensee  by  the  department  of  taxation  and  finance.  A license as
    26  gunsmith or dealer in firearms shall not be valid outside  the  city  or
    27  county, as the case may be, where issued.
    28    §  4.  Subdivision  7 of section 400.00 of the penal law is amended to
    29  read as follows:
    30    7. License: form. Any license issued pursuant to this  section  shall,
    31  except  in  the  city  of New York, be approved as to form by the super-
    32  intendent of state police. A license to carry [or] and possess a  pistol
    33  or  revolver shall have attached the licensee's photograph, and a coupon
    34  which shall be removed and retained by any person disposing of a firearm
    35  to the licensee. Such license shall specify the weapon covered by  cali-
    36  bre,  make, model, manufacturer's name and serial number, or if none, by
    37  any other distinguishing number or identification mark[, and shall indi-
    38  cate whether issued to carry on the person or possess on  the  premises,
    39  and  if  on the premises shall also specify the place where the licensee
    40  shall possess the same]. If such license is issued to an alien, or to  a
    41  person not a citizen of and usually a resident in the state, the licens-
    42  ing  officer  shall  state  in the license the particular reason for the
    43  issuance and the names of the persons certifying to the  good  character
    44  of  the  applicant.  Any license as gunsmith or dealer in firearms shall
    45  mention and describe the premises for which it is issued  and  shall  be
    46  valid only for such premises.
    47    §  5.  Subdivision 9 of section 400.00 of the penal law, as amended by
    48  chapter 1 of the laws of 2013, is amended to read as follows:
    49    9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
    50  person licensed to carry [or] and possess a pistol or revolver may apply
    51  at  any time to his or her licensing officer for amendment of his or her
    52  license to include one or more such weapons or to  cancel  weapons  held
    53  under  license.  If  granted,  a  record of the amendment describing the
    54  weapons involved shall be filed by the licensing officer in  the  execu-
    55  tive department, division of state police, Albany. The superintendent of
    56  state  police  may authorize that such amendment be completed and trans-
        S. 682                              4
     1  mitted to the state police in electronic  form.    Notification  of  any
     2  change  of residence shall be made in writing by any licensee within ten
     3  days after such change occurs, and a record  of  such  change  shall  be
     4  inscribed  by  such  licensee on the reverse side of his or her license.
     5  Elsewhere than in the city of New York, and in the  counties  of  Nassau
     6  and  Suffolk,  such  notification shall be made to the executive depart-
     7  ment, division of state police, Albany, and in the city of New  York  to
     8  the police commissioner of that city, and in the county of Nassau to the
     9  police  commissioner of that county, and in the county of Suffolk to the
    10  licensing officer of that county, who shall, within ten days after  such
    11  notification  shall be received by him or her, give notice in writing of
    12  such change to the executive department, division of  state  police,  at
    13  Albany.
    14    §  6.  Paragraph  (a) of subdivision 10 of section 400.00 of the penal
    15  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
    16  follows:
    17    (a) Any license for gunsmith or dealer in firearms and, in the city of
    18  New  York,  any  license to carry [or] and possess a pistol or revolver,
    19  issued at any time pursuant to this section or prior to the first day of
    20  July, nineteen hundred sixty-three and  not  limited  to  expire  on  an
    21  earlier  date  fixed  in  the  license, shall expire not more than three
    22  years after the date of issuance. In the counties of Nassau, Suffolk and
    23  Westchester, any license to carry [or] and possess a pistol or revolver,
    24  issued at any time pursuant to this section or prior to the first day of
    25  July, nineteen hundred sixty-three and  not  limited  to  expire  on  an
    26  earlier date fixed in the license, shall expire not more than five years
    27  after  the  date of issuance; however, in the county of Westchester, any
    28  such license shall be certified prior to the first  day  of  April,  two
    29  thousand,  in  accordance with a schedule to be contained in regulations
    30  promulgated by the commissioner of  the  division  of  criminal  justice
    31  services,  and  every such license shall be recertified every five years
    32  thereafter. For purposes of this section certification shall  mean  that
    33  the licensee shall provide to the licensing officer the following infor-
    34  mation  only:    current  name,  date of birth, current address, and the
    35  make, model,  caliber  and  serial  number  of  all  firearms  currently
    36  possessed.  Such certification information shall be filed by the licens-
    37  ing officer in the same manner as an amendment. Elsewhere  than  in  the
    38  city  of  New  York and the counties of Nassau, Suffolk and Westchester,
    39  any license to carry [or] and possess a pistol or  revolver,  issued  at
    40  any  time  pursuant  to  this section or prior to the first day of July,
    41  nineteen hundred sixty-three and not previously  revoked  or  cancelled,
    42  shall  be  in  force  and  effect  until revoked as herein provided. Any
    43  license not previously cancelled or revoked shall remain in  full  force
    44  and  effect  for  thirty  days beyond the stated expiration date on such
    45  license. Any application to renew a  license  that  has  not  previously
    46  expired,  been revoked or cancelled shall thereby extend the term of the
    47  license until disposition of the application by the  licensing  officer.
    48  In the case of a license for gunsmith or dealer in firearms, in counties
    49  having  a  population  of  less  than  two hundred thousand inhabitants,
    50  photographs and fingerprints shall be submitted on original applications
    51  and upon renewal thereafter only at six year intervals.  Upon  satisfac-
    52  tory  proof  that a currently valid original license has been despoiled,
    53  lost or otherwise removed from the possession of the licensee  and  upon
    54  application  containing  an  additional  photograph of the licensee, the
    55  licensing officer shall issue a duplicate license.
        S. 682                              5
     1    § 7. Subdivision 12 of section 400.00 of the penal law, as amended  by
     2  chapter 1 of the laws of 2013, is amended to read as follows:
     3    12.  Records required of gunsmiths and dealers in firearms. Any person
     4  licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
     5  approved  as to form, except in the city of New York, by the superinten-
     6  dent of state police. In the record book shall be entered at the time of
     7  every transaction involving a firearm the date,  name,  age,  occupation
     8  and residence of any person from whom a firearm is received or to whom a
     9  firearm  is delivered, and the calibre, make, model, manufacturer's name
    10  and serial number, or if none, any other distinguishing number or  iden-
    11  tification  mark  on  such  firearm.  Before delivering a firearm to any
    12  person, the licensee shall require him to produce either a license valid
    13  under this section to carry [or] and  possess  the  same,  or  proof  of
    14  lawful  authority  as  an  exempt  person pursuant to section 265.20. In
    15  addition, before delivering a firearm to a peace officer,  the  licensee
    16  shall  verify  that person's status as a peace officer with the division
    17  of state police. After completing  the  foregoing,  the  licensee  shall
    18  remove  and  retain the attached coupon and enter in the record book the
    19  date of such license, number, if any, and name of the licensing officer,
    20  in the case of the holder of a license to carry [or] and possess, or the
    21  shield or other number, if any, assignment and department, unit or agen-
    22  cy, in the case of an exempt person.  The  original  transaction  report
    23  shall  be  forwarded  to the division of state police within ten days of
    24  delivering a firearm to any person, and a duplicate copy shall  be  kept
    25  by  the  licensee. The superintendent of state police may designate that
    26  such record shall be completed and transmitted  in  electronic  form.  A
    27  dealer  may  be granted a waiver from transmitting such records in elec-
    28  tronic form if the superintendent determines that such dealer is incapa-
    29  ble of such transmission due to technological limitations that  are  not
    30  reasonably  within  the  control  of  the  dealer,  or other exceptional
    31  circumstances demonstrated by the dealer, pursuant to a  process  estab-
    32  lished  in  regulation,  and  at  the  discretion of the superintendent.
    33  Records assembled or collected for purposes of inclusion in the database
    34  created pursuant to section 400.02 of this article shall not be  subject
    35  to  disclosure  pursuant  to article six of the public officers law. The
    36  record book shall be maintained on the premises mentioned and  described
    37  in  the license and shall be open at all reasonable hours for inspection
    38  by any peace officer, acting pursuant to his special duties,  or  police
    39  officer.  In  the event of cancellation or revocation of the license for
    40  gunsmith or dealer in firearms,  or  discontinuance  of  business  by  a
    41  licensee,  such  record  book  shall  be  immediately surrendered to the
    42  licensing officer in the city of New York, and in the counties of Nassau
    43  and Suffolk, and elsewhere in the state  to  the  executive  department,
    44  division of state police.
    45    §  8. Subdivision 14 of section 400.00 of the penal law, as amended by
    46  chapter 195 of the laws of 2005, is amended to read as follows:
    47    14. Fees. In the city of New York and the county of Nassau, the annual
    48  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
    49  for dealers in firearms. In such city, the city council and in the coun-
    50  ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
    51  for a license to carry [or] and possess a pistol or revolver and provide
    52  for  the disposition of such fees. Elsewhere in the state, the licensing
    53  officer shall collect and pay into the  county  treasury  the  following
    54  fees:  for  each license to carry [or] and possess a pistol or revolver,
    55  not less than three dollars nor more than ten dollars as may  be  deter-
    56  mined by the legislative body of the county; for each amendment thereto,
        S. 682                              6
     1  three  dollars,  and five dollars in the county of Suffolk; and for each
     2  license issued to a gunsmith or dealer in firearms, ten dollars. The fee
     3  for a duplicate license shall be five dollars. The fee for processing  a
     4  license  transfer  between  counties  shall be five dollars. The fee for
     5  processing a license or renewal thereof for a qualified  retired  police
     6  officer  as defined under subdivision thirty-four of section 1.20 of the
     7  criminal procedure law, or a qualified retired sheriff, undersheriff, or
     8  deputy sheriff of the city of New York as defined under subdivision  two
     9  of  section  2.10  of the criminal procedure law, or a qualified retired
    10  bridge and tunnel officer, sergeant  or  lieutenant  of  the  triborough
    11  bridge  and  tunnel  authority  as  defined  under subdivision twenty of
    12  section 2.10 of the criminal  procedure  law,  or  a  qualified  retired
    13  uniformed  court  officer  in  the  unified court system, or a qualified
    14  retired court clerk in the unified court system in the first and  second
    15  judicial  departments,  as  defined in paragraphs a and b of subdivision
    16  twenty-one of section 2.10 of the criminal procedure law  or  a  retired
    17  correction officer as defined in subdivision twenty-five of section 2.10
    18  of the criminal procedure law shall be waived in all counties throughout
    19  the state.
    20    §  9.  This  act  shall take effect immediately and shall apply to all
    21  licenses held and issued on and after such date.