S03067 Summary:
BILL NO | S03067 |
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SAME AS | No same as |
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SPONSOR | ADAMS |
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COSPNSR | |
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MLTSPNSR | |
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Amd S400.00, Pen L | |
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Broadens provisions relating to eligibility for a firearms license. |
S03067 Actions:
BILL NO | S03067 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/29/2013 | REFERRED TO CODES |
S03067 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3067 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________ Introduced by Sen. ADAMS -- 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 the issuance of a license to carry a firearm The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 400.00 of the penal law, as 2 amended by chapter 189 of the laws of 2000, is amended to read as 3 follows: 4 1. Eligibility. No license shall be issued or renewed pursuant to this 5 section except by the licensing officer, and then only after investi- 6 gation and finding that all statements in a proper application for a 7 license are true. No license shall be issued or renewed except for an 8 applicant (a) twenty-one years of age or older, provided, however, that 9 where such applicant has been honorably discharged from the United 10 States army, navy, marine corps, air force or coast guard, or the 11 national guard of the state of New York, no such age restriction shall 12 apply; (b) of good moral character; (c) who has not been convicted 13 anywhere of a felony or a serious offense; (d) who has [stated whether14he or she has] not had a guardian appointed for them pursuant to any 15 provision of law, based on a determination that as a result of marked 16 subnormal intelligence, mental illness, incapacity, condition or 17 disease, he or she lacks the mental capacity to contract or manage their 18 own affairs or ever suffered any mental illness or been confined to any 19 hospital or institution, public or private, for mental illness; (e) who 20 has not had a license revoked or who is not under a suspension or inel- 21 igibility order issued pursuant to the provisions of section 530.14 of 22 the criminal procedure law or section eight hundred forty-two-a of the 23 family court act; (f) [in the county of Westchester,] who has success- 24 fully completed a firearms safety course and test as evidenced by a 25 certificate of completion issued in his or her name and endorsed and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02194-02-3S. 3067 2 1 affirmed under the penalties of perjury by a duly authorized instructor, 2 approved by the superintendent of state police except that: (i) persons 3 who are honorably discharged from the United States army, navy, marine 4 corps, air force or coast guard, or of the national guard of the state 5 of New York, and produce evidence of official qualification in firearms 6 during the term of service are not required to have completed those 7 hours of a firearms safety course pertaining to the safe use, carrying, 8 possession, maintenance and storage of a firearm; and (ii) persons who 9 were licensed to possess a pistol or revolver prior to the effective 10 date of this paragraph are not required to have completed a firearms 11 safety course and test; and (g) concerning whom no good cause exists for 12 the denial of the license. No person shall engage in the business of 13 gunsmith or dealer in firearms unless licensed pursuant to this section. 14 An applicant to engage in such business shall also be a citizen of the 15 United States, more than twenty-one years of age and maintain a place of 16 business in the city or county where the license is issued. For such 17 business, if the applicant is a firm or partnership, each member thereof 18 shall comply with all of the requirements set forth in this subdivision 19 and if the applicant is a corporation, each officer thereof shall so 20 comply. 21 § 2. Subdivision 1 of section 400.00 of the penal law, as amended by 22 chapter 1 of the laws of 2013, is amended to read as follows: 23 1. Eligibility. No license shall be issued or renewed pursuant to this 24 section except by the licensing officer, and then only after investi- 25 gation and finding that all statements in a proper application for a 26 license are true. No license shall be issued or renewed except for an 27 applicant (a) twenty-one years of age or older, provided, however, that 28 where such applicant has been honorably discharged from the United 29 States army, navy, marine corps, air force or coast guard, or the 30 national guard of the state of New York, no such age restriction shall 31 apply; (b) of good moral character; (c) who has not been convicted 32 anywhere of a felony or a serious offense; (d) who is not a fugitive 33 from justice; (e) who is not an unlawful user of or addicted to any 34 controlled substance as defined in section 21 U.S.C. 802; (f) who being 35 an alien (i) is not illegally or unlawfully in the United States or (ii) 36 has not been admitted to the United States under a nonimmigrant visa 37 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been 38 discharged from the Armed Forces under dishonorable conditions; (h) who, 39 having been a citizen of the United States, has not renounced his or her 40 citizenship; (i) who has stated whether he or she has ever suffered any 41 mental illness; (j) who has not been involuntarily committed to a facil- 42 ity under the jurisdiction of an office of the department of mental 43 hygiene pursuant to article nine or fifteen of the mental hygiene law, 44 article seven hundred thirty or section 330.20 of the criminal procedure 45 law, section four hundred two or five hundred eight of the correction 46 law, section 322.2 or 353.4 of the family court act, or has not been 47 civilly confined in a secure treatment facility pursuant to article ten 48 of the mental hygiene law; (k) who has not had a license revoked or who 49 is not under a suspension or ineligibility order issued pursuant to the 50 provisions of section 530.14 of the criminal procedure law or section 51 eight hundred forty-two-a of the family court act; (l) [in the county of52Westchester,] who has successfully completed a firearms safety course 53 and test as evidenced by a certificate of completion issued in his or 54 her name and endorsed and affirmed under the penalties of perjury by a 55 duly authorized instructor, approved by the superintendent of state 56 police except that: (i) persons who are honorably discharged from theS. 3067 3 1 United States army, navy, marine corps, air force or coast guard, or of 2 the national guard of the state of New York, and produce evidence of 3 official qualification in firearms during the term of service are not 4 required to have completed those hours of a firearms safety course 5 pertaining to the safe use, carrying, possession, maintenance and stor- 6 age of a firearm; and (ii) persons who were licensed to possess a pistol 7 or revolver prior to the effective date of this paragraph are not 8 required to have completed a firearms safety course and test; (m) who 9 has not had a guardian appointed for [him or her] them pursuant to any 10 provision of state law, based on a determination that as a result of 11 marked subnormal intelligence, mental illness, incapacity, condition or 12 disease, he or she lacks the mental capacity to contract or manage [his13or her] their own affairs; and (n) concerning whom no good cause exists 14 for the denial of the license. No person shall engage in the business of 15 gunsmith or dealer in firearms unless licensed pursuant to this section. 16 An applicant to engage in such business shall also be a citizen of the 17 United States, more than twenty-one years of age and maintain a place of 18 business in the city or county where the license is issued. For such 19 business, if the applicant is a firm or partnership, each member thereof 20 shall comply with all of the requirements set forth in this subdivision 21 and if the applicant is a corporation, each officer thereof shall so 22 comply. 23 § 3. This act shall take effect on the one hundred twentieth day after 24 it shall have become a law; provided that the amendments to subdivision 25 1 of section 400.00 of the penal law, made by section two of this act 26 shall take effect on the same date and in the same manner as section 48 27 of chapter 1 of the laws of 2013, takes effect.