Requires the renewal of firearms licenses after five years and the taking of a safety course outside the city of New York; sets a date for expiration and provides for a schedule for recertification to be developed by the commissioner of criminal justice services.
STATE OF NEW YORK
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50
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sen. PERALTA -- 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 providing for the expira-
tion and renewal of certain firearms licenses outside the city of New
York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 400.00 of the penal law, as
2 amended by chapter 447 of the laws of 1997, is amended to read as
3 follows:
4 10. License: expiration[, certification] and renewal. Any license for
5 gunsmith or dealer in firearms and, in the city of New York, any license
6 to carry or possess a pistol or revolver, issued at any time pursuant to
7 this section or prior to the first day of July, nineteen hundred sixty-
8 three and not limited to expire on an earlier date fixed in the license,
9 shall expire not more than three years after the date of issuance. [In
10 the counties of Nassau, Suffolk and Westchester, any license to carry or
11 possess a pistol or revolver, issued at any time pursuant to this
12 section or prior to the first day of July, nineteen hundred sixty-three
13 and not limited to expire on an earlier date fixed in the license, shall
14 expire not more than five years after the date of issuance; however, in
15 the county of Westchester, any such license shall be certified prior to
16 the first day of April, two thousand, in accordance with a schedule to
17 be contained in regulations promulgated by the commissioner of the divi-
18 sion of criminal justice services, and every such license shall be
19 recertified every five years thereafter. For purposes of this section
20 certification shall mean that the licensee shall provide to the licens-
21 ing officer the following information only: current name, date of
22 birth, current address, and the make, model, caliber and serial number
23 of all firearms currently possessed. Such certification information
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01075-01-3
S. 50 2
1 shall be filed by the licensing officer in the same manner as an amend-
2 ment. Elsewhere than in the city of New York and the counties of Nassau,
3 Suffolk and Westchester, any license to carry or possess a pistol or
4 revolver, issued at any time pursuant to this section or prior to the
5 first day of July, nineteen hundred sixty-three and not previously
6 revoked or cancelled, shall be in force and effect until revoked as
7 herein provided.] Elsewhere than in the city of New York any license to
8 carry or possess a pistol or revolver, issued at any time pursuant to
9 this section or prior to the first day of July, nineteen hundred sixty-
10 three and not limited to expire on an earlier date fixed in the license,
11 shall expire not more than five years after the date of issuance,
12 provided that elsewhere than in the city of New York, Nassau county and
13 Suffolk county, the date of issuance of any such license for purposes of
14 determining the expiration date of such license shall be established in
15 accordance with a schedule to be contained in regulations promulgated by
16 the commissioner of criminal justice services. Any license not previous-
17 ly cancelled or revoked shall remain in full force and effect for thirty
18 days beyond the stated expiration date on such license. Any application
19 to renew a license that has not previously expired, been revoked or
20 cancelled shall thereby extend the term of the license until disposition
21 of the application by the licensing officer. In the case of a license
22 for gunsmith or dealer in firearms, in counties having a population of
23 less than two hundred thousand inhabitants, photographs and fingerprints
24 shall be submitted on original applications and upon renewal thereafter
25 only at six year intervals. Upon satisfactory proof that a currently
26 valid original license has been despoiled, lost or otherwise removed
27 from the possession of the licensee and upon application containing an
28 additional photograph of the licensee, the licensing officer shall issue
29 a duplicate license.
30 § 2. This act shall take effect immediately.