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A03855 Summary:

BILL NOA03855
 
SAME ASSAME AS S05763
 
SPONSORJackson
 
COSPNSR
 
MLTSPNSR
 
Amd §400.00, add §400.25, Pen L; amd §§11-0701 & 11-0713, En Con L
 
Relates to establishing additional requirements to purchase a firearm, shotgun or rifle; requires a person to apply for a hunting license prior to the purchase of a shotgun or rifle; establishes additional requirements for all firearms, shotguns and rifles including taking a five hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test and mental health evaluation, providing proof of purchase of firearm and ammunition safe storage depositories and passing a criminal background check.
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A03855 Actions:

BILL NOA03855
 
02/08/2023referred to codes
01/03/2024referred to codes
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A03855 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3855
 
SPONSOR: Jackson
  TITLE OF BILL: An act to amend the penal law and the environmental conservation law, in relation to establishing additional requirements to purchase a firearm, shotgun or rifle   PURPOSE OR GENERAL IDEA OF BILL: In relation to establishing additional requirements to purchase a firearm, shotgun, or rifle   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Subdivision 1 and subdivision 4-b of section 400.00 of the penal law, subdivision 1 as amended by chapter 1 of the laws of 2013, paragraph (c) of subdivision 1 as amended by chapter 60 of the laws of 2018, and subdivision 4-b as added by chapter 446 of the laws of 1997, are amended Section 2. The penal law is amended by adding a new section 400.20 Subsection 3. Subdivision 1 of section 11-0701 of the environmental conservation law is amended by adding a new paragraph c Subsection 4. Subdivision 3 of section 11-0713 of the environmental conservation law, is amended by adding new paragraph a-1 Subsection 5. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such effective date.   JUSTIFICATION: Mass shootings account for a small fraction of gun related deaths in the U.S. What has catapulted them to the top of the discussion list is the fact that they are uniquely terrifying because they occur without warn- ing in the most mundane places. Due to the rise in mass shootings, many New Yorkers are rushing to protect their families and homes by applying for pistol permits in order to purchase a firearm. Although the need to have protection is understandable, the notion that every citizen should possess a firearm is absurd. New York is one of six states whose consti- tution does not explicitly protect the right of the people to keep and bear arms. Being a "May Issue" policy state, the issuance of a firearm is at the discretion of the issuing officer. This legislation will implement changes to the process by which licens- ing for a firearm can be obtained. The changes address, training, stor- age, and mental health. All key issues gun control activist are speaking about. Perhaps making the process a tad bit more detailed and lengthier may also assist in discouraging purchases made in anger.   PRIOR LEGISLATIVE HISTORY: 2021-22 A.7771 Referred to Codes/ S.3018 REFERRED TO CODES 2019/20 S.1412 Referred to Codes   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law
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A03855 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3855
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the penal law and the environmental conservation law, in
          relation  to  establishing  additional  requirements  to  purchase   a
          firearm, shotgun or rifle
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1 and 4-c of section 400.00 of the penal  law,
     2  subdivision  1 as separately amended by chapters 371 and 669 of the laws
     3  of 2022, and subdivision 4-c as amended by chapter 371 of  the  laws  of
     4  2022, are amended to read as follows:
     5    1. Eligibility. No license shall be issued or renewed pursuant to this
     6  section  except  by  the licensing officer, and then only after investi-
     7  gation and finding that all statements in a  proper  application  for  a
     8  license  are  true.  No license shall be issued or renewed except for an
     9  applicant (a) twenty-one years of age or older, provided, however,  that
    10  where  such  applicant  has  been  honorably  discharged from the United
    11  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    12  national  guard  of the state of New York, no such age restriction shall
    13  apply; (b) of good moral character, which,  for  the  purposes  of  this
    14  article,  shall  mean  having  the  essential character, temperament and
    15  judgement necessary to be entrusted with a weapon and to use it only  in
    16  a  manner that does not endanger oneself or others; (c) who has not been
    17  convicted anywhere of a felony or a serious offense or who  is  not  the
    18  subject  of  an  outstanding  warrant  of arrest issued upon the alleged
    19  commission of a felony or serious offense; (d) who  is  not  a  fugitive
    20  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
    21  controlled substance as  defined  in  section  21  U.S.C.  802  and  has
    22  provided  notarized proof of a passed drug test by a licensed physician;
    23  (f) who being a noncitizen (i) is not illegally  or  unlawfully  in  the
    24  United States or (ii) has not been admitted to the United States under a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05927-01-3

        A. 3855                             2
 
     1  nonimmigrant  visa  subject to the exception in 18 U.S.C. 922(y)(2); (g)
     2  who has not been discharged from the  Armed  Forces  under  dishonorable
     3  conditions; (h) who, having been a citizen of the United States, has not
     4  renounced  his  or her citizenship; (i) who has stated whether he or she
     5  has ever suffered any mental illness and has provided notarized proof of
     6  a passed mental health evaluation by a licensed physician; (j)  who  has
     7  not been involuntarily committed to a facility under the jurisdiction of
     8  an  office  of the department of mental hygiene pursuant to article nine
     9  or fifteen of the mental hygiene law, article seven  hundred  thirty  or
    10  section  330.20  of  the criminal procedure law or substantially similar
    11  laws of any other state, section four hundred two or five hundred  eight
    12  of  the  correction law, section 322.2 or 353.4 of the family court act,
    13  has not been civilly confined in a secure treatment facility pursuant to
    14  article ten of the mental hygiene law, or has not been the subject of  a
    15  report  made pursuant to section 9.46 of the mental hygiene law; (k) who
    16  has not had a license revoked or who is not under a suspension or  inel-
    17  igibility  order  issued pursuant to the provisions of section 530.14 of
    18  the criminal procedure law or section eight hundred forty-two-a  of  the
    19  family court act; (l) in the county of Westchester, who has successfully
    20  completed  a  firearms  safety course and test as evidenced by a certif-
    21  icate of completion issued in his or her name and endorsed and  affirmed
    22  under  the  penalties of perjury by a duly authorized instructor, except
    23  that: (i) persons who are honorably discharged from  the  United  States
    24  army, navy, marine corps or coast guard, or of the national guard of the
    25  state  of  New  York,  and produce evidence of official qualification in
    26  firearms during the term of service are not required to  have  completed
    27  those  hours  of  a  firearms  safety course pertaining to the safe use,
    28  carrying, possession, maintenance and storage of a firearm; (ii) persons
    29  who were licensed to possess a pistol or revolver prior to  [the  effec-
    30  tive date of this paragraph] July first, two thousand twenty-two are not
    31  required  to have completed a firearms safety course and test, provided,
    32  however, persons with a license issued under paragraph (f)  of  subdivi-
    33  sion two of this section prior to [the effective date of the laws of two
    34  thousand  twenty-two which amended this paragraph] July first, two thou-
    35  sand twenty-two shall be required to complete the training  required  by
    36  subdivision  nineteen  of  this  section prior to the recertification of
    37  such license; and (iii) persons applying for a license  under  paragraph
    38  (f)  of  subdivision two of this section on or after [the effective date
    39  of the chapter of the laws of two thousand twenty-two which amended this
    40  paragraph] July first, two thousand twenty-two who shall be required  to
    41  complete  the  training  required  under  subdivision  nineteen  of this
    42  section for such license; (m) who has not had a guardian  appointed  for
    43  him  or  her pursuant to any provision of state law, based on a determi-
    44  nation that  as  a  result  of  marked  subnormal  intelligence,  mental
    45  illness, incompetency, incapacity, condition or disease, he or she lacks
    46  the  mental  capacity  to contract or manage his or her own affairs; (n)
    47  for a license issued under paragraph (f)  of  subdivision  two  of  this
    48  section,  that the applicant has not been convicted within five years of
    49  the date of the application of any of the following: (i) assault in  the
    50  third  degree, as defined in section 120.00 of this chapter; (ii) misde-
    51  meanor driving while intoxicated, as defined in section  eleven  hundred
    52  ninety-two of the vehicle and traffic law; or (iii) menacing, as defined
    53  in  section 120.15 of this chapter; [and] (o) for a license issued under
    54  paragraph (f) of subdivision two of this section,  the  applicant  shall
    55  meet in person with the licensing officer for an interview and shall, in
    56  addition  to  any  other  information  or  forms required by the license

        A. 3855                             3
 
     1  application submit to the licensing officer the  following  information:
     2  (i) names and contact information for the applicant's current spouse, or
     3  domestic  partner,  any  other  adults residing in the applicant's home,
     4  including  any adult children of the applicant, and whether or not there
     5  are minors residing, full time or part time, in  the  applicant's  home;
     6  (ii) names and contact information of no less than four character refer-
     7  ences  who  can  attest to the applicant's good moral character and that
     8  such applicant has not engaged in any acts, or made any statements  that
     9  suggest  they  are likely to engage in conduct that would result in harm
    10  to themselves or others; (iii) certification of completion of the train-
    11  ing required in subdivision nineteen of this section;  (iv)  a  list  of
    12  former  and current social media accounts of the applicant from the past
    13  three years to confirm the information regarding the applicants  charac-
    14  ter  and conduct as required in subparagraph (ii) of this paragraph; and
    15  (v) such other information required by the  licensing  officer  that  is
    16  reasonably necessary and related to the review of the licensing applica-
    17  tion;  (p)  who has successfully completed live firing instruction and a
    18  test with at least ninety percent accuracy at a shooting range using the
    19  type of firearm he or she anticipates purchasing, possessing or  acquir-
    20  ing;  and  (q)  has  purchased  a safe storage depository for his or her
    21  firearms and ammunition as evidenced by a receipt of such purchase.  For
    22  the purposes of this subdivision, "safe storage depository" shall mean a
    23  safe or other secure container which, when locked, is incapable of being
    24  opened  without the key, combination or other unlocking mechanism and is
    25  capable of preventing an unauthorized person from  obtaining  access  to
    26  and possession of the weapon or ammunition contained therein.
    27    4-c. [Westchester county firearms] Firearms safety course certificate.
    28  [In  the  county  of  Westchester,  at]  At the time of application, the
    29  licensing officer to which the license application is made shall provide
    30  a copy of the five hour safety course booklet to each license applicant.
    31  Before such license is issued, such licensing officer shall require that
    32  the applicant submit a certificate of successful completion  of  a  five
    33  hour  firearms  safety  course  and  test  issued in his or her name and
    34  endorsed and affirmed under the penalties of perjury by a  duly  author-
    35  ized instructor.
    36    §  2.  The penal law is amended by adding a new section 400.25 to read
    37  as follows:
    38  § 400.25 Purchase of rifles and shotguns.
    39    1. Prior to the purchase of any rifle or shotgun, a person shall apply
    40  for a hunting license pursuant to article eleven  of  the  environmental
    41  conservation law.
    42    2.  In  addition to the requirements required by article eleven of the
    43  environmental conservation law, no hunting license for the purchase of a
    44  rifle or shotgun shall be issued except for an applicant: (a) who is not
    45  an unlawful user of or addicted to any controlled substance  as  defined
    46  in  section  21 U.S.C.  802 and has provided notarized proof of a passed
    47  drug test by a licensed physician; (b) who has stated whether he or  she
    48  has ever suffered any mental illness and has provided notarized proof of
    49  a  passed  mental health evaluation by a licensed physician; (c) who has
    50  successfully completed a five hour firearms safety course  and  test  as
    51  evidenced  by  a certificate of completion issued in his or her name and
    52  endorsed and affirmed under the penalties of perjury by a  duly  author-
    53  ized  instructor,  except that persons who are honorably discharged from
    54  the United States army, navy, marine corps or coast  guard,  or  of  the
    55  national  guard  of the state of New York, and produce evidence of offi-
    56  cial qualification in firearms  during  the  term  of  service  are  not

        A. 3855                             4
 
     1  required  to  have  completed  those  hours  of a firearms safety course
     2  pertaining to the safe use, carrying, possession, maintenance and  stor-
     3  age of firearms, shotguns and rifles; (d) who has successfully completed
     4  live firing instruction and a test with at least ninety percent accuracy
     5  at  a shooting range using the type of rifle or shotgun he or she antic-
     6  ipates purchasing, possessing or acquiring; (e)  who  does  not  have  a
     7  criminal  record  which  would  otherwise  disqualify  him  or  her from
     8  purchasing a shotgun or rifle; and (f)  has  purchased  a  safe  storage
     9  depository  for  his or her rifle or shotgun and ammunition as evidenced
    10  by a receipt of such purchase. For the purposes of this  section,  "safe
    11  storage  depository"  shall mean a safe or other secure container which,
    12  when locked, is incapable of being opened without the  key,  combination
    13  or  other  unlocking mechanism and is capable of preventing an unauthor-
    14  ized person from obtaining access to and possession  of  the  weapon  or
    15  ammunition contained therein.
    16    3.  Before a license is issued, there shall be an investigation of all
    17  statements related to the requirements  of  this  section  by  the  duly
    18  constituted police authorities of the locality where such application is
    19  made.  For  that  purpose,  the records of the appropriate office of the
    20  department of mental  hygiene  concerning  previous  or  present  mental
    21  illness of the applicant shall be available for inspection by the inves-
    22  tigating  officer  of  the  police  authority. In order to ascertain any
    23  previous criminal record, the investigating officer shall take the fing-
    24  erprints and physical descriptive data in quadruplicate of each individ-
    25  ual by whom the application is made. Two  copies  of  such  fingerprints
    26  shall  be  taken  on standard fingerprint cards eight inches square, and
    27  one copy may be taken on a card supplied for that purpose by the federal
    28  bureau of investigation. When completed,  one  standard  card  shall  be
    29  forwarded  to  and retained by the division of criminal justice services
    30  in the executive department, at Albany. A search of the  files  of  such
    31  division  and  written  notification of the results of the search to the
    32  investigating officer shall be made without unnecessary delay. Thereaft-
    33  er, such division shall notify the issuing  officer  and  the  executive
    34  department,  division of state police, Albany, of any criminal record of
    35  the applicant filed therein subsequent to the search  of  its  files.  A
    36  second  standard  card,  or  the  one  supplied by the federal bureau of
    37  investigation, as the case may be, shall be forwarded to that bureau  at
    38  Washington  with  a request that the files of the bureau be searched and
    39  notification of the results of the search be made to  the  investigating
    40  police  authority.  Of the remaining two fingerprint cards, one shall be
    41  filed with the executive department, division of state  police,  Albany,
    42  within  ten  days after issuance of the license, and the other remain on
    43  file with the investigating police authority. No such  fingerprints  may
    44  be  inspected  by  any  person other than a peace officer, who is acting
    45  pursuant to his special duties, or a police officer, except on order  of
    46  a judge or justice of a court of record either upon notice to the licen-
    47  see  or  without  notice,  as the judge or justice may deem appropriate.
    48  Upon completion of the investigation, the police authority shall  report
    49  the results to the issuing officer without unnecessary delay.
    50    4.  In  acting  upon  an application, the issuing officer shall either
    51  deny the application for reasons specifically and  concisely  stated  in
    52  writing or grant the application and issue the license applied for.
    53    §  3.  Subdivision 1 of section 11-0701 of the environmental conserva-
    54  tion law is amended by adding a new paragraph c to read as follows:

        A. 3855                             5

     1    c. entitles the holder to purchase a rifle or  shotgun  provided  such
     2  holder  meets the requirements of section 400.25 of the penal law or any
     3  other related provision of law.
     4    §  4.  Subdivision 3 of section 11-0713 of the environmental conserva-
     5  tion law is amended by adding a new paragraph a-1 to read as follows:
     6    a-1. The issuing officer shall not issue a  hunting  license  for  the
     7  purchase  of  a  rifle  or  shotgun  to  any person unless the applicant
     8  presents proof that he or she meets the requirements of  section  400.25
     9  of the penal law.
    10    § 5. This act shall take effect on the one hundred eightieth day after
    11  it  shall have become a law.  Effective immediately the addition, amend-
    12  ment and/or repeal of any rule or regulation necessary for the implemen-
    13  tation of this act on its effective date is authorized to  be  made  and
    14  completed on or before such effective date.
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