STATE OF NEW YORK
________________________________________________________________________
2290
2013-2014 Regular Sessions
IN SENATE
January 15, 2013
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to licenses to carry and
possess firearms for retired police officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4-a of section 400.00 of the penal law, as
2 added by chapter 233 of the laws of 1980, is amended to read as follows:
3 4-a. Processing of license applications. (a) Applications for licenses
4 shall be accepted for processing by the licensing officer at the time of
5 presentment. Except upon written notice to the applicant specifically
6 stating the reasons for any delay, in each case the licensing officer
7 shall act upon any application for a license pursuant to this section
8 within six months of the date of presentment of such an application to
9 the appropriate authority. Such delay may only be for good cause and
10 with respect to the applicant. In acting upon an application, the
11 licensing officer shall either deny the application for reasons specif-
12 ically and concisely stated in writing or grant the application and
13 issue the license applied for. A retired police officer who submits an
14 application containing a certification or attestation from the law
15 enforcement agency or department from which he or she retired in good
16 standing, shall be presumptive evidence as to the fitness and qualifica-
17 tion to carry and possess firearms. The licensing authority with juris-
18 diction in the county or city having a population of less than one
19 million, shall issue a license to carry and possess a pistol or revolver
20 pursuant to this section within sixty days of a retired police officer
21 applicant's submission and such license shall authorize the licensee to
22 carry and possess firearms in every county and city in this state.
23 (b) For the purposes of this section, "retired police officer" shall
24 mean a former police officer, as defined in subdivision thirty-four of
25 section 1.20 of the criminal procedure law, who upon separation from a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00388-01-3
S. 2290 2
1 law enforcement agency or department was immediately entitled to receive
2 retirement benefits under the provisions of the retirement and social
3 security law or the administrative code of the city of New York.
4 § 2. This act shall take effect immediately.
