Creates a process for the issuance of a temporary permit to carry or possess a firearm for persons who are not residents of the state of New York; provides an affirmative defense to possession of a loaded firearm by certain persons and provides reciprocity for persons licensed in other states.
STATE OF NEW YORK
________________________________________________________________________
7139
IN SENATE
March 31, 2016
___________
Introduced by Sen. RITCHIE -- 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 possession of a pistol or
revolver
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 3 of subdivision a of section 265.20 of the penal
2 law, as amended by chapter 1 of the laws of 2013, is amended to read as
3 follows:
4 3. Possession of a pistol or revolver by a person to whom a license or
5 temporary license therefor has been issued as provided under section
6 400.00 [or], 400.01 or 400.04 of this chapter or possession of a weapon
7 as defined in paragraph (e) or (f) of subdivision twenty-two of section
8 265.00 of this article which is registered pursuant to paragraph (a) of
9 subdivision sixteen-a of section 400.00 of this chapter or is included
10 on an amended license issued pursuant to section 400.00 of this chapter.
11 In the event such license is revoked, other than because such licensee
12 is no longer permitted to possess a firearm, rifle or shotgun under
13 federal or state law, information sufficient to satisfy the requirements
14 of subdivision sixteen-a of section 400.00 of this chapter, shall be
15 transmitted by the licensing officer to the state police, in a form as
16 determined by the superintendent of state police. Such transmission
17 shall constitute a valid registration under such section. Further
18 provided, notwithstanding any other section of this title, a failure to
19 register such weapon by an individual who possesses such weapon before
20 the enactment of the chapter of the laws of two thousand thirteen which
21 amended this paragraph and may so lawfully possess it thereafter upon
22 registration, shall only be subject to punishment pursuant to paragraph
23 (c) of subdivision sixteen-a of section 400.00 of this chapter;
24 provided, that such a license or registration shall not preclude a
25 conviction for the offense defined in subdivision three of section
26 265.01 of this article or section 265.01-a of this article.
27 § 2. Section 265.20 of the penal law is amended by adding a new subdi-
28 vision f to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02842-01-5
S. 7139 2
1 f. 1. A nonresident of New York state who is not prohibited by federal
2 law from possessing a firearm may possess and carry a concealed firearm,
3 as defined in subdivision three of section 265.00 of this article,
4 anywhere within New York state if such person:
5 (a) is in possession of a valid permit to carry a concealed firearm
6 issued to such nonresident of New York state pursuant to the laws of
7 such person's state of residence; and
8 (b) is in compliance with the terms of its issuance in the state of
9 its issue, but only to the extent that the terms of issuance comply with
10 any appropriate New York state statute; and
11 (c) is carrying a valid identification document containing a photo-
12 graph of the person; and
13 (d) does not have any intent to use such firearm for an illegal
14 purpose; and
15 (e) is subject to the same conditions and limitations, except as to
16 eligibility to possess or carry, imposed by or under federal or state
17 law or the law of a political subdivision of New York state, that apply
18 to the possession or carrying of a concealed firearm by residents of the
19 state or political subdivision who are licensed by the state or poli-
20 tical subdivision to do so, or not prohibited by the state from doing
21 so.
22 2. If a nonresident, who is authorized to possess or carry a concealed
23 firearm pursuant to the provisions of this subdivision, becomes a legal
24 resident of New York state, then the provisions of this subdivision
25 shall continue to apply to such person until such time as a New York
26 state license is issued or denied under article four hundred of this
27 chapter; provided that such person shall have sixty days to file an
28 application therefor after becoming a resident of this state.
29 3. The possession of a valid license from another jurisdiction shall
30 be a rebuttable presumption that the holder is not prohibited by federal
31 law from possessing a firearm and is in compliance with the terms of
32 issuance in the state of issuance.
33 4. As used in this subdivision the term "identification document"
34 means a document made or issued by or under the authority of the United
35 States Government, a state or a political subdivision of a state which,
36 when completed with information concerning a particular individual, is
37 of a type intended or commonly accepted for the purpose of identifica-
38 tion of individuals.
39 § 3. Section 400.00 of the penal law is amended by adding a new subdi-
40 vision 2-a to read as follows:
41 2-a. Temporary license. A temporary license for a pistol or revolver,
42 other than an assault weapon or a disguised gun shall be issued to:
43 (a) a householder to have and possess in his dwelling where such
44 householder is eligible pursuant to section 400.04 of this article; or
45 (b) have and carry, without regard to place of possession, by any
46 person where such person is eligible pursuant to subdivision one of
47 section 400.04 of this article.
48 § 4. The penal law is amended by adding a new section 400.04 to read
49 as follows:
50 § 400.04 Temporary license to carry or possess firearms.
51 1. Eligibility. A person is eligible for a temporary license to carry
52 or possess a firearm in New York state where:
53 (a) such person is domiciled in a state of the United States which
54 does not require a license or permit to possess or carry a firearm, as
55 defined in subdivision three of section 265.00 of this chapter, provided
56 that such person shall comply with the requirements set forth in para-
S. 7139 3
1 graphs (a) through (e) of subdivision one of section 400.00 of this
2 article and that there is no good cause for the denial of the license;
3 or
4 (b) such person has a pistol license or permit issued in accordance
5 with the laws of the state of issuance, where that state is a state of
6 the United States which is a jurisdiction that does not authorize such
7 license or registration by a person who has been previously convicted of
8 a felony; provided that such person shall comply with the requirements
9 set forth in paragraphs (a) through (e) of subdivision one of section
10 400.00 of this article and where there is no good cause for the denial
11 of the license; or
12 (c) such person is licensed in a state of the United States which is a
13 jurisdiction that allows licensing by a person who has been previously
14 convicted of a felony, provided that such person must comply with the
15 requirements set forth in paragraphs (a) through (e) of subdivision one
16 of section 400.00 of this article and there is no good cause for the
17 denial of the license.
18 Nothing in this section requires the granting of a temporary pistol
19 license to any person who has previously been convicted of a felony or
20 of a crime which, if committed in this state, would be a felony,
21 notwithstanding that the jurisdiction in which such person is domiciled
22 allows licensing by such person.
23 2. Applications. (a) Applications for a temporary license to carry or
24 possess a pistol or revolver shall be made to the division of state
25 police and the licensing officer shall be the superintendent of state
26 police.
27 (b) The application for such temporary license shall be approved as to
28 form by the superintendent of the division of state police and shall
29 state:
30 (i) the number of days for which the temporary license will be in
31 effect, including the exact range of dates it will be in effect, except
32 that such time period shall not exceed ninety days.
33 (ii) the full name, date of birth, address of permanent residence,
34 place of temporary residence while in New York state, and present occu-
35 pation of the applicant.
36 (iii) whether or not the applicant is a citizen of the United States.
37 (iv) whether or not the applicant complies with each requirement for
38 eligibility specified in subdivision one of this section including
39 documentation regarding other state licenses; and
40 (v) such other facts as may be required to show the good character,
41 competency and integrity of each applicant.
42 (c) The blank application form shall be made available on the New York
43 state division of police website.
44 (d) The application shall be signed and verified by the applicant.
45 Each individual signing an application shall submit one photograph of
46 himself and a duplicate for each required copy of the application. Such
47 photographs shall be two inches square and shall have been taken within
48 thirty days prior to submitting the application.
49 (e) The licensing officer shall, no later than ten business days after
50 such submission, conduct an investigation and ascertain any previous
51 criminal record of the applicant pursuant to subdivision four of this
52 section.
53 (f) No later than ten business days after completion of this investi-
54 gation, the division of state police licensing officer shall determine
55 if the applicant has been previously denied a license, been convicted of
56 a felony, or been convicted of a serious offense, and either approve or
S. 7139 4
1 disapprove the application for a temporary pistol license based upon
2 such determinations and shall issue the license to the applicant within
3 ten days of such determination.
4 (g) Applications shall be processed in accordance with the require-
5 ments of subdivisions four-a and four-b of section 400.00 of this arti-
6 cle, except that where the applicant's eligibility is based on paragraph
7 (b) of subdivision one of this section such application must be proc-
8 essed and the investigation completed within sixty days of submission of
9 the application to the licensing officer.
10 (h) Approved applications shall be maintained on file by the division
11 of state police after issuance of the license.
12 3. Investigations. The investigation required for issuance of a tempo-
13 rary license to carry or possess a firearm shall be conducted in the
14 same manner and upon the same terms and conditions as investigations
15 required for licenses issued pursuant to section 400.00 of this article
16 provided, however, the results shall be provided to the superintendent
17 of state police in his or her capacity as licensing officer.
18 4. License form, duration and validity. (a) Any license issued pursu-
19 ant to this section shall be in accordance with the form set forth in
20 subdivision seven of section 400.00 of this article.
21 (b) Any license issued pursuant to this section shall be valid
22 throughout the state except where it would be limited by the provisions
23 of subdivision six of section 400.00 of this article.
24 (c) In no instance shall the duration of a temporary license exceed
25 ninety days.
26 (d) The temporary license shall, in at least 16 point font, indicate
27 that it is a temporary license and indicate the expiration date of such
28 temporary license.
29 (e) A temporary license issued pursuant to this section may be revoked
30 or suspended on the same terms and under the same circumstances as set
31 forth in subdivision eleven of section 400.00 of this article.
32 5. Fees. The superintendent of the division of state police shall fix
33 a licensing fee to be charged for a temporary license to carry or
34 possess a pistol or revolver based on the expense of carrying out the
35 provisions of this section. Such fee may be adjusted by the superinten-
36 dent of the division of state police, on an annual basis, where neces-
37 sary to ensure that the licensing fees adequately cover the expense of
38 carrying out the provisions of this section without significantly
39 exceeding such costs.
40 6. Applicability of section. The provisions of article two hundred
41 sixty-five of this chapter relating to illegal possession of a firearm,
42 shall not apply to an offense which also constitutes a violation of this
43 section by a person holding an otherwise valid license under the
44 provisions of this section and such offense shall only be punishable as
45 a class A misdemeanor.
46 § 5. Section 265.10 of the penal law is amended by adding a new subdi-
47 vision 2-a to read as follows:
48 2-a. Notwithstanding any other provision of any law or any rule or
49 regulation of the state of New York or any political subdivision there-
50 of, any person who is not otherwise prohibited by federal law from
51 transporting, shipping, or receiving a firearm shall be entitled to
52 transport a firearm for any lawful purpose through New York state from
53 any place where he may lawfully possess and carry such firearm to any
54 other place where he may lawfully possess and carry such firearm if,
55 during such transportation the firearm is unloaded, and neither the
56 firearm nor any ammunition being transported is readily accessible or is
S. 7139 5
1 directly accessible from the passenger compartment of such transporting
2 vehicle; provided, that, in the case of a vehicle without a compartment
3 separate from the driver's compartment the firearm or ammunition shall
4 be contained in a locked container other than the glove compartment or
5 console.
6 § 6. Subdivision 3 of section 265.03 of the penal law, as amended by
7 chapter 745 of the laws of 2006, is amended to read as follows:
8 (3) such person possesses any loaded firearm. Such possession shall
9 not, except as provided in subdivision one or seven of section 265.02 of
10 this article, constitute a violation of this subdivision if such
11 possession takes place in such person's home or place of business. It
12 shall be an affirmative defense to a charge under this subdivision that
13 such person is a nonresident of New York state who is duly authorized to
14 carry such firearm in such person's state of residence or if such person
15 is a resident of New York state who is duly licensed to carry a firearm,
16 and if such person has not previously been charged with any violation of
17 this section.
18 § 7. Section 265.01 of the penal law is amended by adding a new undes-
19 ignated paragraph to read as follows:
20 It shall be an affirmative defense to a charge of possession of a
21 firearm under subdivision one of this section if such possession of a
22 firearm is by a nonresident of New York state who is authorized to carry
23 such firearm in such person's state of residence or if such person is a
24 resident of New York state who is duly licensed to carry a firearm in
25 New York state, and if such person has not previously been charged with
26 possession of a firearm under this section.
27 § 8. This act shall take effect on the ninetieth day after it shall
28 have become a law.
