Requires that no applications, or the literature given therewith, shall be approved, distributed or used in any capacity if they contain an explicit written warning regarding ownership or use of a firearm.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1842
SPONSOR: Hawley TITLE OF BILL:
An act to amend the penal law, in relation to gun license applications
not containing warnings
PURPOSE OR GENERAL IDEA OF BILL:
To prevent municipalities from the distribution of literature containing
explicit warnings regarding the ownership or use of a firearm.
SUMMARY OF PROVISIONS:
Section 1 amends Paragraph (a) of subdivision 3 of section 400.00 of the
penal law is amended to prevent municipalities from the distribution of
literature containing explicit warnings regarding the ownership or use
of a firearm.
Section 2 is the effective date.
JUSTIFICATION:
Requiring a health flyer to be provided to an individual applying for a
firearm is an attempt to undercut an individual's Second Amendment
right. These documents are nothing but attempts at undercutting an indi-
viduals right and have absolutely no bearing on the process of applying.
Requiring this information to be distributed is nothing but scare
tactics being used to try and scare an individual away from having a
firearm.
PRIOR LEGISLATIVE HISTORY:
A9699 - 02/02/18 referred to codes
A1697 - 01/08/20 referred to codes
A3505 - 04/25/22 held for consideration in codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1842
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. HAWLEY, BLANKENBUSH, DiPIETRO, FRIEND, MANKTELOW,
MORINELLO, SMULLEN, ANGELINO, GALLAHAN -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to gun license applications
not containing warnings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 3 of section 400.00 of the
2 penal law, as amended by chapter 212 of the laws of 2022, is amended to
3 read as follows:
4 (a) Applications shall be made and renewed, in the case of a license
5 to carry or possess a pistol or revolver or to purchase or take
6 possession of a semiautomatic rifle, to the licensing officer in the
7 city or county, as the case may be, where the applicant resides, is
8 principally employed or has his or her principal place of business as
9 merchant or storekeeper; and, in the case of a license as gunsmith or
10 dealer in firearms, to the licensing officer where such place of busi-
11 ness is located. Blank applications shall, except in the city of New
12 York, be approved as to form by the superintendent of state police. No
13 applications, or the literature given therewith, shall be approved,
14 distributed or used in any capacity which contain an explicit written
15 warning regarding ownership or use of a firearm. An application shall
16 state the full name, date of birth, residence, present occupation of
17 each person or individual signing the same, whether or not he or she is
18 a citizen of the United States, whether or not he or she complies with
19 each requirement for eligibility specified in subdivision one of this
20 section and such other facts as may be required to show the good charac-
21 ter, competency and integrity of each person or individual signing the
22 application. An application shall be signed and verified by the appli-
23 cant. Each individual signing an application shall submit one photograph
24 of himself or herself and a duplicate for each required copy of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00378-01-3
A. 1842 2
1 application. Such photographs shall have been taken within thirty days
2 prior to filing the application. In case of a license as gunsmith or
3 dealer in firearms, the photographs submitted shall be two inches
4 square, and the application shall also state the previous occupation of
5 each individual signing the same and the location of the place of such
6 business, or of the bureau, agency, subagency, office or branch office
7 for which the license is sought, specifying the name of the city, town
8 or village, indicating the street and number and otherwise giving such
9 apt description as to point out reasonably the location thereof. In such
10 case, if the applicant is a firm, partnership or corporation, its name,
11 date and place of formation, and principal place of business shall be
12 stated. For such firm or partnership, the application shall be signed
13 and verified by each individual composing or intending to compose the
14 same, and for such corporation, by each officer thereof.
15 § 2. This act shall take effect immediately.
