Bill Text: NY S03206 | 2021-2022 | General Assembly | Introduced
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) 2022-01-05 - REFERRED TO CODES [S03206 Detail]
Download: New_York-2021-S03206-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3206 2021-2022 Regular Sessions IN SENATE January 28, 2021 ___________ 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)8have and possess in his place of business by a merchant or storekeeper;9(c) have] and carry concealed [while so employed by a messenger employed10by a banking institution or express company; (d) have and carry11concealed by a justice of the supreme court in the first or second judi-12cial departments, or by a judge of the New York city civil court or the13New York city criminal court; (e) have and carry concealed while so14employed by a regular employee of an institution of the state, or of any15county, city, town or village, under control of a commissioner of16correction of the city or any warden, superintendent or head keeper of17any state prison, penitentiary, workhouse, county jail or other institu-18tion for the detention of persons convicted or accused of crime or held19as witnesses in criminal cases, provided that application is made there-20for by such commissioner, warden, superintendent or head keeper; (f)21have and carry concealed,] without regard to employment or place of 22 possession[, by any person when proper cause exists for the issuance23thereof; and (g) have, possess, collect and carry antique pistols which24are defined as follows: (i) any single shot, muzzle loading pistol with25a matchlock, flintlock, percussion cap, or similar type of ignitionEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02075-01-1S. 3206 2 1system manufactured in or before l898, which is not designed for using2rimfire or conventional centerfire fixed ammunition; and (ii) any repli-3ca of any pistol described in clause (i) hereof if such replica--4(1) is not designed or redesigned for using rimfire or conventional5centerfire fixed ammunition, or6(2) uses rimfire or conventional centerfire fixed ammunition which is7no longer manufactured in the United States and which is not readily8available in the ordinary channels of commercial trade]. 9 § 2. Paragraph (a) of subdivision 3 of section 400.00 of the penal 10 law, as amended by chapter 1 of the laws of 2013, is amended to read as 11 follows: 12 (a) Applications shall be made and renewed, in the case of a license 13 to carry [or] and possess a pistol or revolver, to the licensing officer 14 in the city or county, as the case may be, where the applicant resides, 15 is principally employed or has his or her principal place of business as 16 merchant or storekeeper; and, in the case of a license as gunsmith or 17 dealer in firearms, to the licensing officer where such place of busi- 18 ness is located. Blank applications shall, except in the city of New 19 York, be approved as to form by the superintendent of state police. An 20 application shall state the full name, date of birth, residence, present 21 occupation of each person or individual signing the same, whether or not 22 he or she is a citizen of the United States, whether or not he or she 23 complies with each requirement for eligibility specified in subdivision 24 one of this section and such other facts as may be required to show the 25 good character, competency and integrity of each person or individual 26 signing the application. An application shall be signed and verified by 27 the applicant. Each individual signing an application shall submit one 28 photograph of himself or herself and a duplicate for each required copy 29 of the application. Such photographs shall have been taken within thirty 30 days prior to filing the application. In case of a license as gunsmith 31 or dealer in firearms, the photographs submitted shall be two inches 32 square, and the application shall also state the previous occupation of 33 each individual signing the same and the location of the place of such 34 business, or of the bureau, agency, subagency, office or branch office 35 for which the license is sought, specifying the name of the city, town 36 or village, indicating the street and number and otherwise giving such 37 apt description as to point out reasonably the location thereof. In such 38 case, if the applicant is a firm, partnership or corporation, its name, 39 date and place of formation, and principal place of business shall be 40 stated. For such firm or partnership, the application shall be signed 41 and verified by each individual composing or intending to compose the 42 same, and for such corporation, by each officer thereof. 43 § 3. Subdivision 6 of section 400.00 of the penal law, as amended by 44 chapter 104 of the laws of 2019, is amended to read as follows: 45 6. License: validity. Any license issued pursuant to this section 46 shall be valid notwithstanding the provisions of any local law or ordi- 47 nance. No license shall be transferable to any other person or prem- 48 ises. A license to carry [or] and possess a pistol or revolver[, not49otherwise limited as to place or time of possession,] shall be effective 50 throughout the state, except that the same shall not be valid within the 51 city of New York unless a special permit granting validity is issued by 52 the police commissioner of that city. Such license to carry [or] and 53 possess shall be valid within the city of New York in the absence of a 54 permit issued by the police commissioner of that city, provided that (a) 55 the firearms covered by such license have been purchased from a licensed 56 dealer within the city of New York and are being transported out of saidS. 3206 3 1 city forthwith and immediately from said dealer by the licensee in a 2 locked container during a continuous and uninterrupted trip; or provided 3 that (b) the firearms covered by such license are being transported by 4 the licensee in a locked container and the trip through the city of New 5 York is continuous and uninterrupted; or provided that (c) the firearms 6 covered by such license are carried by armored car security guards 7 transporting money or other valuables, in, to, or from motor vehicles 8 commonly known as armored cars, during the course of their employment; 9 or provided that (d) the licensee is a retired police officer as police 10 officer is defined pursuant to subdivision thirty-four of section 1.20 11 of the criminal procedure law or a retired federal law enforcement offi- 12 cer, as defined in section 2.15 of the criminal procedure law, who has 13 been issued a license by an authorized licensing officer as defined in 14 subdivision ten of section 265.00 of this chapter; provided, further, 15 however, that if such license was not issued in the city of New York it 16 must be marked "Retired Police Officer" or "Retired Federal Law Enforce- 17 ment Officer", as the case may be, and, in the case of a retired officer 18 the license shall be deemed to permit only police or federal law 19 enforcement regulations weapons; or provided that (e) the licensee is a 20 peace officer described in subdivision four of section 2.10 of the crim- 21 inal procedure law and the license, if issued by other than the city of 22 New York, is marked "New York State Tax Department Peace Officer" and in 23 such case the exemption shall apply only to the firearm issued to such 24 licensee by the department of taxation and finance. A license as 25 gunsmith or dealer in firearms shall not be valid outside the city or 26 county, as the case may be, where issued. Notwithstanding any inconsist- 27 ent provision of state or local law or rule or regulation, the premises 28 limitation set forth in any license to have and possess a pistol or 29 revolver in the licensee's dwelling or place of business pursuant to 30 paragraph (a) or (b) of subdivision two of this section shall not 31 prevent the transport of such pistol or revolver directly to or from (i) 32 another dwelling or place of business of the licensee where the licensee 33 is authorized to have and possess such pistol or revolver, (ii) an 34 indoor or outdoor shooting range that is authorized by law to operate as 35 such, (iii) a shooting competition at which the licensee may possess 36 such pistol or revolver consistent with the provisions of subdivision a 37 of section 265.20 of this chapter or consistent with the law applicable 38 at the place of such competition, or (iv) any other location where the 39 licensee is lawfully authorized to have and possess such pistol or 40 revolver; provided however, that during such transport to or from a 41 location specified in clauses (i) through (iv) of this paragraph, the 42 pistol or revolver shall be unloaded and carried in a locked container, 43 and the ammunition therefor shall be carried separately; provided 44 further, however, that a license to have and possess a pistol or revol- 45 ver in the licensee's dwelling or place of business pursuant to para- 46 graph (a) or (b) of subdivision two of this section that is issued by a 47 licensing officer other than the police commissioner of the city of New 48 York shall not authorize transport of a pistol or revolver into the city 49 of New York in the absence of written authorization to do so by the 50 police commissioner of that city. The term "locked container" shall not 51 include the glove compartment or console of a vehicle. 52 § 4. Subdivision 7 of section 400.00 of the penal law is amended to 53 read as follows: 54 7. License: form. Any license issued pursuant to this section shall, 55 except in the city of New York, be approved as to form by the super- 56 intendent of state police. A license to carry [or] and possess a pistolS. 3206 4 1 or revolver shall have attached the licensee's photograph, and a coupon 2 which shall be removed and retained by any person disposing of a firearm 3 to the licensee. Such license shall specify the weapon covered by cali- 4 bre, make, model, manufacturer's name and serial number, or if none, by 5 any other distinguishing number or identification mark[, and shall indi-6cate whether issued to carry on the person or possess on the premises,7and if on the premises shall also specify the place where the licensee8shall possess the same]. If such license is issued to an alien, or to a 9 person not a citizen of and usually a resident in the state, the licens- 10 ing officer shall state in the license the particular reason for the 11 issuance and the names of the persons certifying to the good character 12 of the applicant. Any license as gunsmith or dealer in firearms shall 13 mention and describe the premises for which it is issued and shall be 14 valid only for such premises. 15 § 5. Subdivision 9 of section 400.00 of the penal law, as amended by 16 chapter 1 of the laws of 2013, is amended to read as follows: 17 9. License: amendment. Elsewhere than in the city of New York, a 18 person licensed to carry [or] and possess a pistol or revolver may apply 19 at any time to his or her licensing officer for amendment of his or her 20 license to include one or more such weapons or to cancel weapons held 21 under license. If granted, a record of the amendment describing the 22 weapons involved shall be filed by the licensing officer in the execu- 23 tive department, division of state police, Albany. The superintendent of 24 state police may authorize that such amendment be completed and trans- 25 mitted to the state police in electronic form. Notification of any 26 change of residence shall be made in writing by any licensee within ten 27 days after such change occurs, and a record of such change shall be 28 inscribed by such licensee on the reverse side of his or her license. 29 Elsewhere than in the city of New York, and in the counties of Nassau 30 and Suffolk, such notification shall be made to the executive depart- 31 ment, division of state police, Albany, and in the city of New York to 32 the police commissioner of that city, and in the county of Nassau to the 33 police commissioner of that county, and in the county of Suffolk to the 34 licensing officer of that county, who shall, within ten days after such 35 notification shall be received by him or her, give notice in writing of 36 such change to the executive department, division of state police, at 37 Albany. 38 § 6. Paragraph (a) of subdivision 10 of section 400.00 of the penal 39 law, as amended by chapter 1 of the laws of 2013, is amended to read as 40 follows: 41 (a) Any license for gunsmith or dealer in firearms and, in the city of 42 New York, any license to carry [or] and possess a pistol or revolver, 43 issued at any time pursuant to this section or prior to the first day of 44 July, nineteen hundred sixty-three and not limited to expire on an 45 earlier date fixed in the license, shall expire not more than three 46 years after the date of issuance. In the counties of Nassau, Suffolk and 47 Westchester, any license to carry [or] and possess a pistol or revolver, 48 issued at any time pursuant to this section or prior to the first day of 49 July, nineteen hundred sixty-three and not limited to expire on an 50 earlier date fixed in the license, shall expire not more than five years 51 after the date of issuance; however, in the county of Westchester, any 52 such license shall be certified prior to the first day of April, two 53 thousand, in accordance with a schedule to be contained in regulations 54 promulgated by the commissioner of the division of criminal justice 55 services, and every such license shall be recertified every five years 56 thereafter. For purposes of this section certification shall mean thatS. 3206 5 1 the licensee shall provide to the licensing officer the following infor- 2 mation only: current name, date of birth, current address, and the 3 make, model, caliber and serial number of all firearms currently 4 possessed. Such certification information shall be filed by the licens- 5 ing officer in the same manner as an amendment. Elsewhere than in the 6 city of New York and the counties of Nassau, Suffolk and Westchester, 7 any license to carry [or] and possess a pistol or revolver, issued at 8 any time pursuant to this section or prior to the first day of July, 9 nineteen hundred sixty-three and not previously revoked or cancelled, 10 shall be in force and effect until revoked as herein provided. Any 11 license not previously cancelled or revoked shall remain in full force 12 and effect for thirty days beyond the stated expiration date on such 13 license. Any application to renew a license that has not previously 14 expired, been revoked or cancelled shall thereby extend the term of the 15 license until disposition of the application by the licensing officer. 16 In the case of a license for gunsmith or dealer in firearms, in counties 17 having a population of less than two hundred thousand inhabitants, 18 photographs and fingerprints shall be submitted on original applications 19 and upon renewal thereafter only at six year intervals. Upon satisfac- 20 tory proof that a currently valid original license has been despoiled, 21 lost or otherwise removed from the possession of the licensee and upon 22 application containing an additional photograph of the licensee, the 23 licensing officer shall issue a duplicate license. 24 § 7. Subdivision 12 of section 400.00 of the penal law, as amended by 25 chapter 129 of the laws of 2019, is amended to read as follows: 26 12. Records required of gunsmiths and dealers in firearms. Any person 27 licensed as gunsmith or dealer in firearms shall keep a record book 28 approved as to form, except in the city of New York, by the superinten- 29 dent of state police. In the record book shall be entered at the time of 30 every transaction involving a firearm the date, name, age, occupation 31 and residence of any person from whom a firearm is received or to whom a 32 firearm is delivered, and the calibre, make, model, manufacturer's name 33 and serial number, or if none, any other distinguishing number or iden- 34 tification mark on such firearm. Before delivering a firearm to any 35 person, the licensee shall require him to produce either a license valid 36 under this section to carry [or] and possess the same, or proof of 37 lawful authority as an exempt person pursuant to section 265.20 of this 38 chapter and either (a) the National Instant Criminal Background Check 39 System (NICS) or its successor has issued a "proceed" response to the 40 licensee, or (b) thirty calendar days have elapsed since the date the 41 licensee contacted NICS to initiate a national instant criminal back- 42 ground check and NICS has not notified the licensee that the transfer of 43 the firearm to such person should be denied. In addition, before deliv- 44 ering a firearm to a peace officer, the licensee shall verify that 45 person's status as a peace officer with the division of state police. 46 After completing the foregoing, the licensee shall remove and retain the 47 attached coupon and enter in the record book the date of such license, 48 number, if any, and name of the licensing officer, in the case of the 49 holder of a license to carry [or] and possess, or the shield or other 50 number, if any, assignment and department, unit or agency, in the case 51 of an exempt person. The original transaction report shall be forwarded 52 to the division of state police within ten days of delivering a firearm 53 to any person, and a duplicate copy shall be kept by the licensee. The 54 superintendent of state police may designate that such record shall be 55 completed and transmitted in electronic form. A dealer may be granted a 56 waiver from transmitting such records in electronic form if the super-S. 3206 6 1 intendent determines that such dealer is incapable of such transmission 2 due to technological limitations that are not reasonably within the 3 control of the dealer, or other exceptional circumstances demonstrated 4 by the dealer, pursuant to a process established in regulation, and at 5 the discretion of the superintendent. Records assembled or collected 6 for purposes of inclusion in the database created pursuant to section 7 400.02 of this article shall not be subject to disclosure pursuant to 8 article six of the public officers law. The record book shall be main- 9 tained on the premises mentioned and described in the license and shall 10 be open at all reasonable hours for inspection by any peace officer, 11 acting pursuant to his special duties, or police officer. In the event 12 of cancellation or revocation of the license for gunsmith or dealer in 13 firearms, or discontinuance of business by a licensee, such record book 14 shall be immediately surrendered to the licensing officer in the city of 15 New York, and in the counties of Nassau and Suffolk, and elsewhere in 16 the state to the executive department, division of state police. 17 § 8. Subdivision 14 of section 400.00 of the penal law, as amended by 18 chapter 195 of the laws of 2005, is amended to read as follows: 19 14. Fees. In the city of New York and the county of Nassau, the annual 20 license fee shall be twenty-five dollars for gunsmiths and fifty dollars 21 for dealers in firearms. In such city, the city council and in the coun- 22 ty of Nassau the Board of Supervisors shall fix the fee to be charged 23 for a license to carry [or] and possess a pistol or revolver and provide 24 for the disposition of such fees. Elsewhere in the state, the licensing 25 officer shall collect and pay into the county treasury the following 26 fees: for each license to carry [or] and possess a pistol or revolver, 27 not less than three dollars nor more than ten dollars as may be deter- 28 mined by the legislative body of the county; for each amendment thereto, 29 three dollars, and five dollars in the county of Suffolk; and for each 30 license issued to a gunsmith or dealer in firearms, ten dollars. The fee 31 for a duplicate license shall be five dollars. The fee for processing a 32 license transfer between counties shall be five dollars. The fee for 33 processing a license or renewal thereof for a qualified retired police 34 officer as defined under subdivision thirty-four of section 1.20 of the 35 criminal procedure law, or a qualified retired sheriff, undersheriff, or 36 deputy sheriff of the city of New York as defined under subdivision two 37 of section 2.10 of the criminal procedure law, or a qualified retired 38 bridge and tunnel officer, sergeant or lieutenant of the triborough 39 bridge and tunnel authority as defined under subdivision twenty of 40 section 2.10 of the criminal procedure law, or a qualified retired 41 uniformed court officer in the unified court system, or a qualified 42 retired court clerk in the unified court system in the first and second 43 judicial departments, as defined in paragraphs a and b of subdivision 44 twenty-one of section 2.10 of the criminal procedure law or a retired 45 correction officer as defined in subdivision twenty-five of section 2.10 46 of the criminal procedure law shall be waived in all counties throughout 47 the state. 48 § 9. This act shall take effect immediately and shall apply to all 49 licenses held and issued on and after such date.
