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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:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6356A
 
SPONSOR: Lentol (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to exempt- ing 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 ammuni- tion feeding devices and assault weapons.   SUMMARY OF PROVISIONS: Section 1 amends section 265.00 of the Penal Law by adding a new subdi- vision 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 subdi- vision 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 offi- cial 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 para- graph 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 ammuni- tion 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 offi- cers 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6356--A
                                                                Cal. No. 165
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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    § 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    § 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    § 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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