A00801 Summary:

BILL NO    A00801A

SAME AS    Same as S 1598-A

SPONSOR    Paulin (MS)

COSPNSR    Cook, Schimel, Rosenthal, Jaffee

MLTSPNSR   Alfano, Barra, Brennan, Cymbrowitz, Hooper, John, Perry, Pheffer,
           Towns, Weinstein

Amd S400.00, Pen L

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.

A00801 Actions:

BILL NO    A00801A

01/07/2009 referred to codes
04/17/2009 amend and recommit to codes
04/17/2009 print number 801a
04/21/2009 reported 
04/23/2009 advanced to third reading cal.354
04/28/2009 passed assembly
04/28/2009 delivered to senate
04/28/2009 REFERRED TO CODES
01/06/2010 DIED IN SENATE
01/06/2010 RETURNED TO ASSEMBLY
01/06/2010 ordered to third reading cal.73

A00801 Votes:

BILL: A00801A DATE: 04/28/2009  MOTION:                       YEA/NAY: 087/058

Abbate  Y  Cahill  NO Englebr Y  Hooper  Y  Maisel  Y  Powell  ER Skartad Y
Alessi  Y  Calhoun NO Errigo  NO Hoyt    Y  Markey  Y  Pretlow Y  Spano   Y
Alfano  Y  Camara  Y  Espaill Y  Hyer-Sp Y  Mayerso Y  Quinn   NO Stirpe  NO
Amedore NO Canestr Y  Farrell Y  Jacobs  Y  McDonou NO Rabbitt NO Sweeney NO
Arroyo  Y  Carrozz ER Fields  NO Jaffee  Y  McEneny Y  Raia    NO Tedisco NO
Aubry   Y  Castro  ER Finch   NO Jeffrie Y  McKevit Y  Ramos   Y  Thiele  NO
Bacalle NO Christe NO Fitzpat NO John    Y  Meng    Y  Reilich NO Titone  Y
Ball    NO Clark   Y  Gabrysz NO Jordan  NO Miller  NO Reilly  NO Titus   Y
Barclay NO Colton  Y  Galef   Y  Kavanag Y  Millman Y  Rive J  Y  Tobacco ER
Barra   NO Conte   NO Gantt   Y  Kellner Y  Molinar NO Rive N  Y  Towns   Y
Barron  Y  Cook    Y  Gianari Y  Kolb    NO Morelle Y  Rive PM Y  Townsen NO
Benedet Y  Corwin  NO Giglio  NO Koon    Y  Nolan   Y  Robinso Y  Walker  NO
Benjami Y  Crouch  NO Glick   Y  Lancman Y  Oaks    NO Rosenth Y  Weinste Y
Bing    Y  Cusick  Y  Gordon  NO Latimer Y  O'Donne Y  Russell NO Weisenb NO
Boyland Y  Cymbrow Y  Gottfri Y  Lavine  Y  O'Mara  NO Saladin NO Weprin  Y
Boyle   NO DelMont NO Greene  Y  Lentol  Y  Ortiz   Y  Sayward NO Wright  Y
Bradley Y  DenDekk Y  Gunther NO Lifton  NO Parment NO Scarbor Y  Zebrows Y
Brennan Y  Destito NO Hawley  NO Lope PD NO Paulin  Y  Schimel Y  Mr Spkr Y
Brodsky Y  Diaz    Y  Hayes   NO Lope VJ Y  Peoples Y  Schimmi NO
Brook-K Y  Dinowit Y  Heastie Y  Lupardo NO Peralta Y  Schroed NO
Burling NO Duprey  NO Hevesi  Y  Magee   NO Perry   Y  Scozzaf NO
Butler  NO Eddingt Y  Hikind  Y  Magnare NO Pheffer Y  Seminer ER

A00801 Memo:

BILL NUMBER:A801A                 REVISED 4/24/09

TITLE OF BILL:  An act to amend the penal law, in relation to
providing for the expiration and renewal of certain firearms licenses
outside the city of New York

PURPOSE: Requires the re-licensing of firearm licenses after five
years.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 400.00,
subdivision 10 of the penal law by extending license expiration and
renewal regulations to any county outside the counties comprising the
city of New York and Nassau county and Suffolk county, and by deleting
the certification and recertification provisions for Westchester
County. For all counties outside the counties comprising the city of
New York, Nassau county and Suffolk county, all pistol and revolver
licenses shall expire in accordance with a schedule to be contained in
regulations promulgated by the commissioner of the division of
criminal justice services.

Section two defines the date by which this act shall take effect,

JUSTIFICATION: Currently, New York State requires handgun licenses in
all of its counties, and there is an investigative process when
someone applies for such a license. Only in New York City and the
counties of Nassau and Suffolk do such licenses require periodic
renewal, and in Westchester county such licenses require periodic
recertification. License renewal is an important way to ensure not
only that records are updated but also that handguns do not fall into
the wrong hands. It is illegal for a person convicted of a felony or a
domestic violence misdemeanor, suffering from a .mental incapacity or
subject to an order of protection, to possess firearms. Yet outside of
New York City and Nassau and Suffolk counties, handgun licenses are
not automatically revoked when a person is barred from legal
possession, or in Westchester county when a person fails to recertify
his license.  Accordingly, under current law, a person who is issued a
license but subsequently commits some act that would legally prohibit
him from possessing a firearm (or fails to recertify his license in
the case of Westchester County), is nevertheless able to continue to
possess his firearm under a valid license.

License renewal ensures that an investigative process takes place at
the time of renewal by which vital information will be uncovered by
law enforcement as well as makes clear that licenses that are not
timely renewed expire and are no longer valid. Had the license renewal
requirement been in effect, Jiverly Wong, the man who gunned down 13
people in an immigration center in Binghamton this month, may not have
been able to maintain a valid pistol permit. Wong obtained a permit in
New York in 1997. He moved to California in 2001. Under the proposed
law, his pistol permit would have automatically been revoked since as
an out of state resident he would not have been able to renew his
license. Further, under the proposed law, once a license has been
revoked, the issuing county must track down the handguns under the
revoked license. Finally, under the proposed law, without a valid New
York license, Wong would not have been able to purchase any handguns
in New York. We know, however, that he purchased at least one handgun
within the last month. The Binghamton tragedy serves as a somber


illustration of how critically important it is that our state
licensing system be thorough, that the records be accurate and up to
date, and that handguns be accounted for.

This bill also recognizes that there may be many licenses that provide
for expiration more than five years after the date of issuance.
Accordingly, the bill provides all counties outside the counties
comprising New York City and Nassau and Suffolk counties to phase-in
the renewal requirement as set forth in regulations to be promulgated
by the commissioner of the Division of Criminal Justice Services
(DCJS). In this way, these counties, working with DCJS, are provided
the flexibility they may deem necessary to implement the renewal
process in an orderly and timely manner.

It is incumbent upon us to make sure that handguns are kept out of
dangerous hands so that we may better protect our citizens and prevent
further tragedies like the melee in Binghamton.

PRIOR LEGISLATIVE HISTORY: A.7304, 2007 and 2008 Referred to Codes
Committee. A.1012, 2005 and 2006 Referred to Codes Committee. A.5071,
2003 and 2004 Referred to Codes Committee.A.7884, 2001 and 2002
Referred to Codes Committee.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately.