NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6356A
SPONSOR: Lentol (MS) TITLE OF BILL: An act to amend the penal law, in relation to exempt-
ing qualified retired law enforcement officers from certain limitations
related to the possession of firearms
PURPOSE OR GENERAL IDEA OF THE BILL:
This bill would create an exemption to allow qualified retired New York
and federal law enforcement officers to possess large capacity ammuni-
tion feeding devices and assault weapons.
SUMMARY OF PROVISIONS:
Section 1 amends section 265.00 of the Penal Law by adding a new subdi-
vision 25 that defines a qualified retired New York or federal law
enforcement officer.
Section 2 amends section 265.20 of the Penal Law by adding a new subdi-
vision e which would allow a qualified retired New York or federal law
enforcement officer to possess large capacity ammunition feeding devices
issued to or purchased by such officer in the course of his or her offi-
cial duties, provided he or she has been qualified by their agency on
the use of the weapon utilizing such feeding device within 12 months of
retirement. Further, this section would require retired officers to
re-qualify every three years.
Section 3 amends section 400.00 of the Penal Law by adding a new para-
graph a-1 which would allow a qualified retired New York or federal law
enforcement officer to possess an assault weapon issued to or purchased
by such officer in the course of his or her official duties, provided
that he or she has been qualified by their agency on the use of that
weapon within 12 months of retirement. It would also require that such
weapon be registered within 60 days of retirement.
Section 4 is the effective date.
JUSTIFICATION:
Retired law enforcement officers have expressed some concerns about the
recently enacted limitations on the possession of large capacity ammuni-
tion feeding devices and assault weapons as applied to retired police
and peace officers. In response to those concerns, this bill would
provide a limited exemption for qualified retired law enforcement offi-
cers who have met rigorous requirements and training in order to qualify
for possession of such weapons and ammunition devices. Specifically, in
order to qualify for the exemption, an officer must have retired in good
standing after serving as an officer for at least 10 years at the time
of retirement. Furthermore, such retired officers must re-qualify in the
use of the weapon which accepts the large capacity ammunition feeding
device every three years according to the standards for active duty law
enforcement. Assault weapons will need to be registered pursuant to
existing law within 60 days of retirement.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6356--A
Cal. No. 165
2013-2014 Regular Sessions
IN ASSEMBLY
March 25, 2013
___________
Introduced by M. of A. LENTOL, ABBATE, CYMBROWITZ, RAMOS, SKOUFIS,
SANTABARBARA, RABBITT, BUCHWALD, RUSSELL, WEPRIN, BRINDISI, GRAF,
SCHIMEL, LUPINACCI, TENNEY -- Multi-Sponsored by -- M. of A. RA --
read once and referred to the Committee on Codes -- reported from
committee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the penal law, in relation to exempting qualified
retired law enforcement officers from certain limitations related to
the possession of firearms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.00 of the penal law is amended by adding a new
2 subdivision 25 to read as follows:
3 25. "Qualified retired New York or federal law enforcement officer"
4 means an individual who is a retired police officer as police officer is
5 defined in subdivision thirty-four of section 1.20 of the criminal
6 procedure law, a retired peace officer as peace officer is defined in
7 section 2.10 of the criminal procedure law or a retired federal law
8 enforcement officer as federal law enforcement officer is defined in
9 section 2.15 of the criminal procedure law, who: (a) separated from
10 service in good standing from a public agency located in New York state
11 in which such person served as either a police officer, peace officer or
12 federal law enforcement officer; and (b) before such separation, was
13 authorized by law to engage in or supervise the prevention, detection,
14 investigation, or prosecution of, or the incarceration of any person
15 for, any violation of law, and had statutory powers of arrest, pursuant
16 to their official duties, under the criminal procedure law; and (c) (i)
17 before such separation, served as either a police officer, peace officer
18 or federal law enforcement officer for five years or more and at the
19 time of separation, is such an officer; or (ii) separated from service
20 with such agency, after completing any applicable probationary period of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10050-03-3
A. 6356--A 2
1 such service, due to a service-connected disability, as determined by
2 such agency at or before the time of separation; and (d)(i) has not been
3 found by a qualified medical professional employed by such agency to be
4 unqualified for reasons relating to mental health; or (ii) has not
5 entered into an agreement with such agency from which the individual is
6 separating from service in which that individual acknowledges he or she
7 is not qualified for reasons relating to mental health; and (e) is not
8 otherwise prohibited by New York or federal law from possessing any
9 firearm.
10 § 2. Section 265.20 of the penal law is amended by adding a new subdi-
11 vision e to read as follows:
12 e. Subdivision eight of section 265.02 and sections 265.36 and 265.37
13 of this chapter shall not apply to a qualified retired New York or
14 federal law enforcement officer as defined in subdivision twenty-five of
15 section 265.00 of this article, with respect to large capacity ammuni-
16 tion feeding devices issued to such officer or purchased by such officer
17 in the course of his or her official duties and owned by such officer at
18 the time of his or her retirement or comparable replacements for such
19 devices, if: (i) the agency that employed the officer qualified such
20 officer in the use of the weapon which accepts such device in accordance
21 with applicable state or federal standards for active duty law enforce-
22 ment officers within twelve months prior to his or her retirement; and
23 (ii) such retired officer meets, at his or her own expense, such appli-
24 cable standards for such weapon at least once within three years after
25 his or her retirement date and at least once every three years thereaft-
26 er, provided, however, that any such qualified officer who has been
27 retired for eighteen months or more on the effective date of this subdi-
28 vision shall have eighteen months from such effective date to qualify in
29 the use of the weapon which accepts such large capacity ammunition feed-
30 ing device according to the provisions of this subdivision, notwith-
31 standing that such officer did not qualify within three years after his
32 or her retirement date, provided that such officer is otherwise quali-
33 fied and maintains compliance with the provisions of this subdivision.
34 § 3. Subdivision 16-a of section 400.00 of the penal law is amended by
35 adding a new paragraph (a-1) to read as follows:
36 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
37 this subdivision, an owner of an assault weapon as defined in subdivi-
38 sion twenty-two of section 265.00 of this chapter, who is a qualified
39 retired New York or federal law enforcement officer as defined in subdi-
40 vision twenty-five of section 265.00 of this chapter, where such weapon
41 was issued to or purchased by such officer prior to retirement and in
42 the course of his or her official duties, and for which such officer was
43 qualified by the agency that employed such officer within twelve months
44 prior to his or her retirement, must register such weapon within sixty
45 days of retirement.
46 § 4. This act shall take effect immediately; provided, however, that
47 section three of this act shall take effect on the same date and in the
48 same manner as section 48 of chapter 1 of the laws of 2013 takes effect.
