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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 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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