NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6220
SPONSOR: Oaks (MS) TITLE OF BILL: An act to amend the penal law, in relation to
restrictions imposed by statute regarding the carrying of concealed
weapons
PURPOSE OR GENERAL IDEA OF BILL: To create uniform requirements for
the licensing of pistols and handguns across the State.
SUMMARY OF SPECIFIC PROVISIONS: This bill amends § 400.00 of the Penal
Law to make only restrictions imposed by statute applicable to the
licensing of handguns in New York.
JUSTIFICATION: Although not specifically authorized by statute, some
licensing officers may impose certain time, place and use restrictions
on pistol and handgun licenses in New York State on a county by county
basis. Such restrictions include 'hunting and target shooting", "valid
only during daylight hours," "valid only if carrying X amount of cash";
and so on.
In short, licensing officers have, without legislative authority,
created new classes and versions of pistol licenses not contemplated by
statute. The result is a "patchwork quilt" effect on licensing require-
ments throughout the State, with certain licensing officers imposing
additional restrictions not authorized by law and some imposing none.
In an effort to make the licensing requirements uniform throughout New
York, this bill will prohibit county licensing officers from imposing
extra legal restrictions except for those authorized in statute.
Currently, handgun licensees from different counties may be subject to
assorted sets of rules. Confusion may be created regarding compliance
and enforcement of restrictions imposed by each county licensing offi-
cer. Varying restrictions provide a problem for law enforcement officers
as well. The process as it presently operates is fundamentally unjust
and unfair, and can result in inadvertent noncompliance and litigation.
Since State pistol licensing is a creature of statute, this bill allows
county licensing officers to apply only those restrictions expressly
imposed by the Legislature.
PRIOR LEGISLATIVE HISTORY: 2002 Held for consideration in Codes
2003-04 Held for consideration in Codes 2005-06 Held for consideration
in Codes (A.4664) 2007-08 Held for consideration in Codes (A.3718)
2009-10 Held for consideration in Codes (A.5590) 2011-12 held for
consideration in Codes (A.5117) 2013-14 Held for consideration in Codes
(A6622)
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately
