Prohibits persons from having or possessing a firearm, including, but not limited to, a pistol, revolver, and a "sawed-off" shotgun or rifle unless he has successfully completed a firearm proficiency examination, the standards for which are to be prepared by the commissioner of the division of criminal justice services and the superintendent of the division of the state police; exempts police officers and retired police officers.
STATE OF NEW YORK
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198
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the state finance law, in relation to
an examination for firearm proficiency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 400.00 of the penal law is amended by adding a new
2 subdivision 14-a to read as follows:
3 14-a. (a) No person shall have or possess a firearm as defined in
4 subdivision three of section 265.00 of this chapter unless he or she
5 shall have successfully completed an examination and met the appropriate
6 standards as established by the commissioner of the division of criminal
7 justice services hereinafter referred to as the commissioner in the
8 executive department pursuant to paragraph (b) of this subdivision.
9 (b) The commissioner shall, in cooperation with the superintendent of
10 the division of the state police, establish minimum standards for
11 firearm proficiency and develop an examination to measure firearm profi-
12 ciency.
13 (c) The commissioner shall in cooperation with the superintendent of
14 the division of state police provide the standards and examinations on
15 request to any qualified firearm instructor and all law enforcement
16 agencies within the state. The proficiency examination may be conducted
17 by any qualified firearm instructor approved by the commissioner or law
18 enforcement agency and shall include but not be limited to:
19 (i) a written section on the laws relating to firearms;
20 (ii) a physical demonstration of proficiency in the use of firearms
21 and in firearms safety procedures;
22 (iii) a level of knowledge concerning a licensee's duties, responsi-
23 bilities and liabilities pursuant to this chapter and civil statutes of
24 the state of New York and of the United States; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02496-01-5
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1 (iv) a level of proficiency in firearm safety.
2 In establishing such standards, the commissioner shall establish
3 firearm proficiency standards consistent with the average firearm owner
4 of the state.
5 (d) The commissioner shall develop and distribute directions for test
6 administration and record keeping. All test results shall be forwarded
7 to the commissioner who shall maintain a record of such results.
8 (e) The commissioner shall develop a firearm proficiency certificate
9 which shall be distributed to all qualified firearm instructors and law
10 enforcement agencies.
11 (f) Upon successful completion of such firearm proficiency examination
12 the instructor shall endorse the firearm proficiency certificate
13 reflecting successful passage of the examination.
14 (g) The provisions of this subdivision shall not apply to a person:
15 (i) in the discharge of his or her actual duties as a member of the
16 armed forces, the national guard or corrections officer employed in a
17 correctional facility; or
18 (ii) who is a duly authorized member of a law enforcement agency of
19 the state of New York or of the United States; or
20 (iii) who is a police officer as defined in section 1.20 of the crimi-
21 nal procedure law or a retired police officer.
22 (h) Notwithstanding the foregoing provisions of this subdivision or
23 any other law, rule or regulation to the contrary, no license to have
24 and possess a firearm shall be issued or renewed pursuant to this
25 section or any other applicable provision of law relating thereto,
26 unless the licensee or applicant shall submit to the issuing officer a
27 firearm proficiency certificate approved by the commissioner and
28 endorsed by the firearm instructor.
29 (i) The commissioner shall adopt a schedule of fees necessary to
30 administer the provisions of this subdivision which shall be collected
31 by the instructors and law enforcement agencies conducting such examina-
32 tions which shall be transmitted to the division of criminal justice
33 services within thirty days of the receipt of such fees for deposit in
34 the firearm proficiency examination fund established pursuant to section
35 ninety-two-o of the state finance law.
36 § 2. The state finance law is amended by adding a new section 92-o to
37 read as follows:
38 § 92-o. Firearm proficiency examination fund. 1. There is hereby
39 established in the joint custody of the state comptroller and the
40 commissioner of taxation and finance a fund to be known as the firearm
41 proficiency examination fund.
42 2. Such fund shall consist of all revenues received from fees received
43 pursuant to subdivision fourteen-a of section 400.00 of the penal law
44 for firearm proficiency examinations, and all other moneys credited or
45 transferred thereto from any other fund or source pursuant to law.
46 3. Moneys of the fund shall be expended for the expenses of carrying
47 out the firearm proficiency examinations pursuant to subdivision four-
48 teen-a of section 400.00 of the penal law.
49 4. Money shall be paid out of the fund on the audit and warrant of the
50 state comptroller on vouchers certified or approved by the commissioner
51 of the division of criminal justice services or his or her designee in
52 the manner prescribed by law.
53 § 3. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law. Effective immediate-
55 ly, the addition, amendment and/or repeal of any rule or regulation
56 necessary for the implementation of the foregoing sections of this act
A. 198 3
1 on their effective date is authorized to be made, by the commissioner of
2 the division of criminal justice services, on or before such effective
3 date.
