BILL NO A05785
SAME AS S02442
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5785
TITLE OF BILL: An act to amend the penal law, in relation to requir-
ing persons possessing a firearm to hold a firearms safety certificate
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.
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 shoot-
ings 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 informa-
tion 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.
2014: A03321A (Kavanagh) - Codes
2013: A03321 (Kavanagh) - Codes
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 subdi-
vision 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.