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S09736 Summary:

BILL NOS09736
 
SAME ASNo Same As
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Amd §265.00, Pen L; amd §837, Exec L
 
Relates to certifying instructors in small arms practice; provides that after December 31, 2028 individuals certified as an instructor in small arms practice shall seek recertification subject to the standards and curriculum promulgated by the division of criminal justice services.
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S09736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9736
 
                    IN SENATE
 
                                      April 2, 2026
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law and the  executive  law,  in  relation  to
          certifying instructors in small arms practice
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 19 of section  265.00  of  the  penal  law,  as
     2  amended  by  chapter  371  of the laws of 2022, is  amended  to  read as
     3  follows:
     4    19. (a) "Duly authorized instructor" means [(a)] (i)  a  duly  commis-
     5  sioned  officer  of  the United States army, navy, marine corps or coast
     6  guard, or of the national guard of the state of New York; or [(b)]  (ii)
     7  a duly qualified adult citizen of the United States who has been granted
     8  a  certificate  as  an  instructor  in small arms practice issued by the
     9  United States army, navy or marine corps, or by the adjutant general  of
    10  this state, [or by the division of criminal justice services,] or by the
    11  national rifle association of America, a not-for-profit corporation duly
    12  organized  under  the  laws  of this state; [(c)] (iii) by a person duly
    13  qualified and designated by the department of environmental conservation
    14  as its agent in the giving of instruction  and  the  making  of  certif-
    15  ications  of  qualification  in  responsible hunting practices; or [(d)]
    16  (iv) a New York state 4-H certified shooting sports instructor.
    17    (b) Notwithstanding paragraph (a) of this subdivision, any certificate
    18  as an instructor in small arms practice issued to  individuals  pursuant
    19  to subparagraph (ii) of paragraph (a) of this subdivision shall be valid
    20  through  December  thirty-first,  two thousand twenty-eight.  After such
    21  date, individuals certified as an  instructor  in  small  arms  practice
    22  pursuant to subparagraph (ii) of paragraph (a) of this subdivision shall
    23  seek recertification subject to the standards and curriculum promulgated
    24  by  the  division  of  criminal justice services pursuant to subdivision
    25  twenty-three of section eight hundred thirty-seven of the executive law.
    26    § 2.  Subdivision 23 of section 837 of the executive law, as added  by
    27  chapter 371 of the laws of 2022,  is  amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04262-01-5

        S. 9736                             2
 
     1    23.  (a) In conjunction with the superintendent of [the] state police,
     2  promulgate policies and procedures with  regard  to  standardization  of
     3  firearms  safety training required under subdivision nineteen of section
     4  400.00 of the penal law, which shall  include  the  approval  of  course
     5  materials and promulgation of proficiency standards for live fire train-
     6  ing; [and]
     7    (b)  In conjunction with the superintendent of state police, create an
     8  appeals board for the purpose of hearing appeals as provided in subdivi-
     9  sion four-a of section 400.00 of the penal law and promulgate rules  and
    10  regulations governing such appeals[.]; and
    11    (c)  Promulgate minimum standards and create curricula for the certif-
    12  ication of duly authorized instructors pursuant to section 265.00 of the
    13  penal law. The division  shall  promulgate  any  rules  and  regulations
    14  necessary for the implementation of this subdivision.
    15    §  3.  This  act shall take effect immediately. Effective immediately,
    16  the addition, amendment and/or repeal of any rule or  regulation  neces-
    17  sary  for  the  implementation  of  this act on its   effective date are
    18  authorized to be made and completed on or before such effective date.
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