A07598 Summary:

BILL NO    A07598 

SAME AS    SAME AS S05188

SPONSOR    Morelle (MS)

COSPNSR    Abbate, Scarborough, Cook, Gunther, Roberts, Schimminger, Simanowitz,
           Skoufis, Aubry, Hooper

MLTSPNSR   Arroyo, Magee, McDonald, Skartados, Solages, Sweeney, Titone,
           Weisenberg

Amd SS265.20 & 400.01, Pen L

Relates to retired members of the state police who have opted to make an
application to obtain a license to carry or possess a firearm.
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A07598 Actions:

BILL NO    A07598 

05/23/2013 referred to codes
01/08/2014 referred to codes
06/17/2014 reported referred to rules
06/17/2014 reported 
06/17/2014 rules report cal.390
06/17/2014 ordered to third reading rules cal.390
06/18/2014 substituted by s5188
           S05188  AMEND=  GALLIVAN
           05/14/2013 REFERRED TO CODES
           01/08/2014 REFERRED TO CODES
           06/16/2014 COMMITTEE DISCHARGED AND COMMITTED TO RULES
           06/16/2014 ORDERED TO THIRD READING CAL.1387
           06/16/2014 PASSED SENATE
           06/16/2014 DELIVERED TO ASSEMBLY
           06/16/2014 referred to codes
           06/18/2014 substituted for a7598
           06/18/2014 ordered to third reading rules cal.390
           06/18/2014 passed assembly
           06/18/2014 returned to senate
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A07598 Votes:

There are no votes for this bill in this legislative session.
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A07598 Memo:

BILL NUMBER:A7598

TITLE OF BILL:  An act to amend the penal law, in relation to retired
sworn members of the state police who have opted to make an
application to obtain a license to carry or possess a firearm

PURPOSE:

To clarify that a retired sworn member of the division of state police
may apply for a license to possess a firearm by the same process
through which all New York citizens apply.

SUMMARY OF PROVISIONS:

Section 1. Describes a person who received a permit pursuant to
section 400.01 as a person who has "opted to make" instead of a person
who has "made" such application. This change maintains consistency
with Section 2 that clarifies a retired state police officer has the
option to apply for a firearm license through section 400.01 instead
of such option being mandatory.

Section 2. Clarifies that a retired state police officer "may" apply
for a license to the superintendent of state police, where as
currently, a retired police officer "shall" apply to the
superintendent of state police.

Section 3. This act shall take effect immediately.

JUSTIFICATION:

Section 400.01 of the penal law was added to provide retired sworn
members of the division of state police with the option to apply for a
firearm license through the superintendent of state police.  However,
recently this option has been interpreted to require retired state
police officers to only apply to the superintendent of the state
police. The provision was never intended to limit a retired state
police officer from applying for a firearms license through the
standard application process. This bill will ensure that retired state
police officers are not stripped of their rights simply by serving the
state of New York.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.
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A07598 Text:

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

                                         7598

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 23, 2013
                                      ___________

       Introduced  by  M.  of  A.  MORELLE, ABBATE, SCARBOROUGH, COOK, GUNTHER,
         ROBERTS,  GABRYSZAK,  MAISEL,  SCHIMMINGER,  SIMANOWITZ,  SKOUFIS   --
         Multi-Sponsored  by  --  M. of A.  ARROYO, MAGEE, McDONALD, SKARTADOS,
         SOLAGES, TITONE, WEISENBERG -- read once and referred to the Committee
         on Codes

       AN ACT to amend the penal law, in relation to retired sworn  members  of
         the  state  police  who  have opted to make an application to obtain a
         license to carry or possess a firearm

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

    1    Section  1.  Paragraph  7-b  of subdivision a of section 265.20 of the
    2  penal law, as amended by chapter 210 of the laws of 1999, is amended  to
    3  read as follows:
    4    7-b.  Possession and use, at an indoor or outdoor pistol range located
    5  in or on premises owned or occupied by a duly incorporated  organization
    6  organized  for  conservation  purposes or to foster proficiency in small
    7  arms or at a target pistol shooting competition under the auspices of or
    8  approved by the national rifle association for the  purpose  of  loading
    9  and  firing  the  same,  by  a  person  who has applied for a license to
   10  possess a pistol or revolver and pre-license possession of same pursuant
   11  to section 400.00 or 400.01 of this chapter, who has not been previously
   12  denied a license, been previously  convicted  of  a  felony  or  serious
   13  offense, and who does not appear to be, or pose a threat to be, a danger
   14  to  himself  or  to others, and who has been approved for possession and
   15  use herein in accordance with section 400.00 or 400.01 of this  chapter;
   16  provided  however, that such possession shall be of a pistol or revolver
   17  duly licensed to and shall be used under the supervision,  guidance  and
   18  instruction  of,  a person specified in paragraph seven of this subdivi-
   19  sion and provided further that such possession and  use  be  within  the
   20  jurisdiction  of  the  licensing  officer  with whom the person has made
   21  application therefor or within the jurisdiction of the superintendent of

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10960-01-3
       A. 7598                             2

    1  state police in the case of a retired sworn member of  the  division  of
    2  state  police  who  has  [made] OPTED TO MAKE an application pursuant to
    3  section 400.01 of this chapter.
    4    S 2. Subdivisions 1 and 4 of section 400.01 of the penal law, as added
    5  by chapter 210 of the laws of 1999, is amended to read as follows:
    6    1.  A license to carry or possess a firearm for a retired sworn member
    7  of the division of state police shall be granted in the same manner  and
    8  upon  the  same  terms  and  conditions as licenses issued under section
    9  400.00 of this article provided, however,  that  applications  for  such
   10  license  [shall]  MAY  be made to, and the licensing officer [shall] MAY
   11  be, the superintendent of state police.
   12    4. Except for the designation of the superintendent of state police as
   13  the licensing officer for retired sworn members of the division of state
   14  police WHO HAVE OPTED TO OBTAIN SUCH LICENSE UNDER THIS SECTION, all  of
   15  the  provisions  and  requirements of section 400.00 of this article and
   16  any other provision of law shall be applicable to  individuals  licensed
   17  pursuant  to  this section. In addition all provisions of section 400.00
   18  of this article, except for the designation  of  the  superintendent  of
   19  state  police as licensing officer are hereby deemed applicable to indi-
   20  viduals licensed pursuant to this section.
   21    S 3. This act shall take effect immediately.
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