A05785 Summary:

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:

03/04/2015referred to codes
01/06/2016referred to codes
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A05785 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Kavanagh
  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   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 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.   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 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.
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