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A06220 Summary:

BILL NOA06220
 
SAME ASNo Same As
 
SPONSOROaks
 
COSPNSRKolb, Barclay, Duprey, Finch, Lawrence, Walter, Brabenec, Hawley, Palmesano
 
MLTSPNSRCrouch, Lopez, McDonough, Saladino, Stec
 
Amd S400.00, Pen L
 
Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only.
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A06220 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6220
 
SPONSOR: Oaks (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to restrictions imposed by statute regarding the carrying of concealed weapons   PURPOSE OR GENERAL IDEA OF BILL: To create uniform requirements for the licensing of pistols and handguns across the State.   SUMMARY OF SPECIFIC PROVISIONS: This bill amends § 400.00 of the Penal Law to make only restrictions imposed by statute applicable to the licensing of handguns in New York.   JUSTIFICATION: Although not specifically authorized by statute, some licensing officers may impose certain time, place and use restrictions on pistol and handgun licenses in New York State on a county by county basis. Such restrictions include 'hunting and target shooting", "valid only during daylight hours," "valid only if carrying X amount of cash"; and so on. In short, licensing officers have, without legislative authority, created new classes and versions of pistol licenses not contemplated by statute. The result is a "patchwork quilt" effect on licensing require- ments throughout the State, with certain licensing officers imposing additional restrictions not authorized by law and some imposing none. In an effort to make the licensing requirements uniform throughout New York, this bill will prohibit county licensing officers from imposing extra legal restrictions except for those authorized in statute. Currently, handgun licensees from different counties may be subject to assorted sets of rules. Confusion may be created regarding compliance and enforcement of restrictions imposed by each county licensing offi- cer. Varying restrictions provide a problem for law enforcement officers as well. The process as it presently operates is fundamentally unjust and unfair, and can result in inadvertent noncompliance and litigation. Since State pistol licensing is a creature of statute, this bill allows county licensing officers to apply only those restrictions expressly imposed by the Legislature.   PRIOR LEGISLATIVE HISTORY: 2002 Held for consideration in Codes 2003-04 Held for consideration in Codes 2005-06 Held for consideration in Codes (A.4664) 2007-08 Held for consideration in Codes (A.3718) 2009-10 Held for consideration in Codes (A.5590) 2011-12 held for consideration in Codes (A.5117) 2013-14 Held for consideration in Codes (A6622)   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
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