A05785 Summary:

BILL NO    A05785 

SAME AS    SAME AS S02442

SPONSOR    Kavanagh

COSPNSR    

MLTSPNSR   

Amd S265.01, add S400.15, Pen L

Requires persons possessing any firearm to hold a firearms safety certificate;
establishes application and training process therefor.
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A05785 Actions:

BILL NO    A05785 

03/04/2015 referred to codes
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A05785 Memo:

BILL NUMBER:A5785

TITLE OF BILL:  An act to amend the penal law, in relation to
requiring persons possessing a firearm to hold a firearms safety
certificate

PURPOSE:

The purpose of this act is: (1) to reduce the number of unintentional
shootings by ensuring that gun owners know how to safely use and store
firearms; and (2) to increase compliance with existing firearms laws
by requiring gun owners to demonstrate knowledge of those laws.

SUMMARY OF PROVISIONS:

Section one amends subdivisions 6, 7 and 8 of section 265.01 of the
Penal law, as amended by chapter 1 of the laws of 2013. The proposed
legislation establishes a firearms safety certificate requirement.

Section two amends the Penal law by adding a new section 400.15. This
section mandates the successful completion of a course of instruction
by the applicant which shall include: (a) not less than five hours of
classroom instruction on: (i) the safe use and handling of firearms;
(ii) the methods for safely storing firearms, and keeping children
safe when weapons are present; and (iii) the applicable federal, state
and local laws relating to the purchase, sale, possession,
transportation and storage of firearms; (b) not less than two hours of
live firing instruction at a shooting range using the type of firearm
the applicant anticipates purchasing, possessing or acquiring; and (c)
a safe-handling of a firearm demonstration as attested by a duly
authorized instructor. The course must be approved by the Sheriff of
the county in which the applicant resides or the Commissioner of the
police department of a city having a population of one million or
more. Every firearms safety certificate is valid for a period of two
years, and may be renewed. The certificate is non-transferable and
only applicable to the applicant. Additionally, the section deals with
revocation and exemptions.

Section three sets forth the effective date.

JUSTIFICATION:

Handgun safety is important to all New Yorkers. Handgun accidents
involving children are especially disturbing. Studies show that easy
access to loaded handguns in homes is a major cause of accidental
shootings of children. While there may be no way to guarantee safety,
handgun owners can take steps to help prevent many accidental
shootings. This legislation will provide persons possessing firearms
valuable information to help them become a safe and responsible
handgun owner.

The intent of the legislation is to ensure that persons who obtain
firearms have a basic familiarity with those firearms, including but
not limited to, the safe handling and storage of those firearms; and
to increase compliance with existing firearms laws by requiring gun
owners to demonstrate knowledge of those laws.


LEGISLATIVE HISTORY:

2014: A03321A (Kavanagh) - Codes
2013: A03321 (Kavanagh) - Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of January next succeeding the date on which it shall become
a law; provided, however, that the provisions of subdivision 9 of
section 265.01 of the penal law, as added by section one of this act,
and subdivision 2 of section 400.15 of the penal law, as added by
section two of this act, shall not apply to any person who possesses a
firearm on the effective date of this act, until the nineteenth day
after such date.
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