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A06356 Summary:

BILL NO    A06356A

SAME AS    SAME AS S04536-A

SPONSOR    Lentol (MS)

COSPNSR    Abbate, Cymbrowitz, Ramos, Skoufis, Santabarbara, Buchwald, Russell,
           Weprin, Brindisi, Graf, Schimel, Lupinacci, Tenney, Cusick, Lupardo,
           Kellner, Weisenberg, DenDekker, Mayer, Otis, Jaffee, Stirpe

MLTSPNSR   McDonough, Ra

Amd SS265.00, 265.20 & 400.00, Pen L

Relates to exempting qualified retired law enforcement officers from certain
limitations related to the possession of firearms.
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A06356 Actions:

BILL NO    A06356A

03/25/2013 referred to codes
04/16/2013 reported 
04/18/2013 advanced to third reading cal.165
05/01/2013 amended on third reading 6356a
05/23/2013 passed assembly
05/23/2013 delivered to senate
06/20/2013 ORDERED TO THIRD READING CAL.1575
06/20/2013 PASSED SENATE
06/20/2013 RETURNED TO ASSEMBLY
07/02/2013 delivered to governor
07/05/2013 signed chap.98
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A06356 Memo:

BILL NUMBER:A6356A

TITLE OF BILL:  An act to amend the penal law, in relation to
exempting qualified retired law enforcement officers from certain
limitations related to the possession of firearms

PURPOSE OR GENERAL IDEA OF THE BILL:

This bill would create an exemption to allow qualified retired New
York and federal law enforcement officers to possess large capacity
ammunition feeding devices and assault weapons.

SUMMARY OF PROVISIONS:

Section 1 amends section 265.00 of the Penal Law by adding a new
subdivision 25 that defines a qualified retired New York or federal
law enforcement officer.

Section 2 amends section 265.20 of the Penal Law by adding a new
subdivision e which would allow a qualified retired New York or
federal law enforcement officer to possess large capacity ammunition
feeding devices issued to or purchased by such officer in the course
of his or her official duties, provided he or she has been qualified
by their agency on the use of the weapon utilizing such feeding device
within 12 months of retirement. Further, this section would require
retired officers to re-qualify every three years.

Section 3 amends section 400.00 of the Penal Law by adding a new
paragraph a-1 which would allow a qualified retired New York or
federal law enforcement officer to possess an assault weapon issued to
or purchased by such officer in the course of his or her official
duties, provided that he or she has been qualified by their agency on
the use of that weapon within 12 months of retirement. It would also
require that such weapon be registered within 60 days of retirement.

Section 4 is the effective date.

JUSTIFICATION:

Retired law enforcement officers have expressed some concerns about
the recently enacted limitations on the possession of large capacity
ammunition feeding devices and assault weapons as applied to retired
police and peace officers. In response to those concerns, this bill
would provide a limited exemption for qualified retired law
enforcement officers who have met rigorous requirements and training
in order to qualify for possession of such weapons and ammunition
devices. Specifically, in order to qualify for the exemption, an
officer must have retired in good standing after serving as an officer
for at least 10 years at the time of retirement. Furthermore, such
retired officers must re-qualify in the use of the weapon which
accepts the large capacity ammunition feeding device every three years
according to the standards for active duty law enforcement. Assault
weapons will need to be registered pursuant to existing law within 60
days of retirement.

LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.
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A06356 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        6356--A
                                                               Cal. No. 165

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 25, 2013
                                      ___________

       Introduced  by  M.  of  A.  LENTOL,  ABBATE, CYMBROWITZ, RAMOS, SKOUFIS,
         SANTABARBARA, RABBITT,  BUCHWALD,  RUSSELL,  WEPRIN,  BRINDISI,  GRAF,
         SCHIMEL,  LUPINACCI,  TENNEY  --  Multi-Sponsored by -- M. of A. RA --
         read once and referred to the Committee  on  Codes  --  reported  from
         committee, advanced to a third reading, amended and ordered reprinted,
         retaining its place on the order of third reading

       AN  ACT  to  amend  the  penal  law,  in relation to exempting qualified
         retired law enforcement officers from certain limitations  related  to
         the possession of firearms

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 265.00 of the penal law is amended by adding a  new
    2  subdivision 25 to read as follows:
    3    25.  "QUALIFIED  RETIRED  NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER"
    4  MEANS AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER AS POLICE OFFICER IS
    5  DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
    6  PROCEDURE  LAW,  A  RETIRED PEACE OFFICER AS PEACE OFFICER IS DEFINED IN
    7  SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW  OR  A  RETIRED  FEDERAL  LAW
    8  ENFORCEMENT  OFFICER  AS  FEDERAL  LAW ENFORCEMENT OFFICER IS DEFINED IN
    9  SECTION 2.15 OF THE CRIMINAL PROCEDURE  LAW,  WHO:  (A)  SEPARATED  FROM
   10  SERVICE  IN GOOD STANDING FROM A PUBLIC AGENCY LOCATED IN NEW YORK STATE
   11  IN WHICH SUCH PERSON SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR
   12  FEDERAL LAW ENFORCEMENT OFFICER; AND (B)  BEFORE  SUCH  SEPARATION,  WAS
   13  AUTHORIZED  BY  LAW TO ENGAGE IN OR SUPERVISE THE PREVENTION, DETECTION,
   14  INVESTIGATION, OR PROSECUTION OF, OR THE  INCARCERATION  OF  ANY  PERSON
   15  FOR,  ANY VIOLATION OF LAW, AND HAD STATUTORY POWERS OF ARREST, PURSUANT
   16  TO THEIR OFFICIAL DUTIES, UNDER THE CRIMINAL PROCEDURE LAW; AND (C)  (I)
   17  BEFORE SUCH SEPARATION, SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER
   18  OR  FEDERAL  LAW  ENFORCEMENT  OFFICER FOR FIVE YEARS OR MORE AND AT THE
   19  TIME OF SEPARATION, IS SUCH AN OFFICER; OR (II) SEPARATED  FROM  SERVICE
   20  WITH SUCH AGENCY, AFTER COMPLETING ANY APPLICABLE PROBATIONARY PERIOD OF

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10050-03-3
       A. 6356--A                          2

    1  SUCH  SERVICE,  DUE  TO A SERVICE-CONNECTED DISABILITY, AS DETERMINED BY
    2  SUCH AGENCY AT OR BEFORE THE TIME OF SEPARATION; AND (D)(I) HAS NOT BEEN
    3  FOUND BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY SUCH AGENCY TO  BE
    4  UNQUALIFIED  FOR  REASONS  RELATING  TO  MENTAL  HEALTH; OR (II) HAS NOT
    5  ENTERED INTO AN AGREEMENT WITH SUCH AGENCY FROM WHICH THE INDIVIDUAL  IS
    6  SEPARATING  FROM SERVICE IN WHICH THAT INDIVIDUAL ACKNOWLEDGES HE OR SHE
    7  IS NOT QUALIFIED FOR REASONS RELATING TO MENTAL HEALTH; AND (E)  IS  NOT
    8  OTHERWISE  PROHIBITED  BY  NEW  YORK  OR FEDERAL LAW FROM POSSESSING ANY
    9  FIREARM.
   10    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
   11  vision e to read as follows:
   12    E. SUBDIVISION EIGHT OF SECTION 265.02 AND SECTIONS 265.36 AND  265.37
   13  OF  THIS  CHAPTER  SHALL  NOT  APPLY  TO A QUALIFIED RETIRED NEW YORK OR
   14  FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDIVISION TWENTY-FIVE OF
   15  SECTION 265.00 OF THIS ARTICLE, WITH RESPECT TO LARGE  CAPACITY  AMMUNI-
   16  TION FEEDING DEVICES ISSUED TO SUCH OFFICER OR PURCHASED BY SUCH OFFICER
   17  IN THE COURSE OF HIS OR HER OFFICIAL DUTIES AND OWNED BY SUCH OFFICER AT
   18  THE  TIME  OF  HIS OR HER RETIREMENT OR COMPARABLE REPLACEMENTS FOR SUCH
   19  DEVICES, IF: (I) THE AGENCY THAT EMPLOYED  THE  OFFICER  QUALIFIED  SUCH
   20  OFFICER IN THE USE OF THE WEAPON WHICH ACCEPTS SUCH DEVICE IN ACCORDANCE
   21  WITH  APPLICABLE STATE OR FEDERAL STANDARDS FOR ACTIVE DUTY LAW ENFORCE-
   22  MENT OFFICERS WITHIN TWELVE MONTHS PRIOR TO HIS OR HER  RETIREMENT;  AND
   23  (II)  SUCH RETIRED OFFICER MEETS, AT HIS OR HER OWN EXPENSE, SUCH APPLI-
   24  CABLE STANDARDS FOR SUCH WEAPON AT LEAST ONCE WITHIN THREE  YEARS  AFTER
   25  HIS OR HER RETIREMENT DATE AND AT LEAST ONCE EVERY THREE YEARS THEREAFT-
   26  ER,  PROVIDED,  HOWEVER,  THAT  ANY  SUCH QUALIFIED OFFICER WHO HAS BEEN
   27  RETIRED FOR EIGHTEEN MONTHS OR MORE ON THE EFFECTIVE DATE OF THIS SUBDI-
   28  VISION SHALL HAVE EIGHTEEN MONTHS FROM SUCH EFFECTIVE DATE TO QUALIFY IN
   29  THE USE OF THE WEAPON WHICH ACCEPTS SUCH LARGE CAPACITY AMMUNITION FEED-
   30  ING DEVICE ACCORDING TO THE PROVISIONS  OF  THIS  SUBDIVISION,  NOTWITH-
   31  STANDING  THAT SUCH OFFICER DID NOT QUALIFY WITHIN THREE YEARS AFTER HIS
   32  OR HER RETIREMENT DATE, PROVIDED THAT SUCH OFFICER IS  OTHERWISE  QUALI-
   33  FIED AND MAINTAINS COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   34    S 3. Subdivision 16-a of section 400.00 of the penal law is amended by
   35  adding a new paragraph (a-1) to read as follows:
   36    (A-1)  NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
   37  THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED  IN  SUBDIVI-
   38  SION  TWENTY-TWO  OF  SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
   39  RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
   40  VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH  WEAPON
   41  WAS  ISSUED  TO  OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN
   42  THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS
   43  QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE  MONTHS
   44  PRIOR  TO  HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY
   45  DAYS OF RETIREMENT.
   46    S 4. This act shall take effect immediately; provided,  however,  that
   47  section  three of this act shall take effect on the same date and in the
   48  same manner as section 48 of chapter 1 of the laws of 2013 takes effect.
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