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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3619
SPONSOR: Kolb (MS) TITLE OF BILL:
An act to amend the penal law, in relation to possession of a pistol or
revolver
PURPOSE OR GENERAL IDEA OF BILL:
To provide reciprocity to nonresident licensed gun owners in New York
State and to provide a mechanism to allow tourists and visitors to this
state to bring their legal guns with them as they travel in, or through,
New York State and to protect unwary visitors from prosecution where
such visitors are otherwise law abiding, pose no danger and are simply
not aware of our strict possession laws.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Penal Law § 265.20 by extending the exemption from
prosecution for illegal possession of a firearm to include holders of a
temporary pistol permit.
Section 2 amends Penal Law § 265.20 by adding a new subdivision "f"
which allows a non resident of NYS, who is duly licensed to carry a
concealed firearm in such person's home state, to carry a concealed
firearm in NYS, provided that such person complies with the laws of the
home state and is subject to the same conditions and limitations (except
as to eligibility to possess or carry) imposed on NYS residents by
federal or NYS law. In addition, such persons must carry a specified,
photo ID and not have an intent to use the firearm for an illegal
purpose. Should the nonresident become a NYS resident the licensee would
have sixty days to file an application to acquire a NYS license.
Section 3 amends Penal Law § 400.00 to authorize the issuance of a
temporary pistol permit.
Section 4 amends Penal Law Article 400 by adding a new section 400.04
which outlines the eligibility and the procedure for acquiring a tempo-
rary pistol permit. This section provides an avenue for nonresidents of
NYS, who do not live in a state which issues permits to possess or carry
a concealed firearm, to be able to legally carry a firearm which is
legal in their home state, in NYS on a temporary basis.
Section 5 amends Penal Law § 265.10 by adding a new subdivision 2-a,
which codifies into NYS law, federal law regarding the ability to legal-
ly transport a firearm' through NYS under certain circumstances.
Section 6 amends Penal Law § 265.03 to provide for an affirmative
defense to the penal law crime of possession of a loaded firearm where a
nonresident is authorized to possess and carry such firearm under the
laws of his or her home state, or where a resident of NYS is licensed to
possess and carry such firearm in NYS, but only if this is a first
offense.
Section 7 amends Penal Law § 265.01 to provide for an affirmative
defense to the penal law crime of possession of a firearm, where a
nonresident is authorized to possess and carry such firearm under the
laws of his or her home state, or where a resident of NYS is licensed to
possess and carry such firearm in NYS, but only if this is a first
offense.
Section 8 is the effective date.
JUSTIFICATION:
This legislation will provide reciprocity and Second Amendment constitu-
tional freedoms for law-abiding gun owners traveling to New York from
other states. Under this legislation, non-residents, may possess and
carry a concealed firearm in New York State, if they are in possession
of a valid permit issued by another state, carry a valid photo identifi-
cation document and do not have any intent to use their firearm for an
illegal purpose.
Second, this legislation would establish a process to allow for tempo-
rary licenses to carry or possess a firearm in New York State for resi-
dents of other states, which do not require a license or permit to
possess or carry a firearm.
Third, this legislation would provide protection to all law-abiding gun
owners from other states or licensed New York State residents by creat-
ing an affirmative defense to a charge of possession of a firearm, or
loaded firearm if the person has not previously been charged with
possession of a firearm.
Two recent incidents demonstrate the urgent need to change New York law
to protect law abiding gun owners. Meredith Graves faced a minimum
mandatory sentence of at least 3 1/2 years on a felony gun possession
charge after voluntarily trying to check her gun at the National 9/11
Memorial. Meredith Graves had a valid and legal permit to carry the gun
in Tennessee and showed no intent to commit a crime. Ryan Jerome, a
United States Marine, who has a valid Indiana concealed carry permit,
faced the same mandatory minimum 3 1/2 year sentence after attempting to
check his weapon at the Empire State Building.
This legislation is necessary to protect Second Amendment rights by
ensuring that law-abiding gun owners visiting New York are not punished
for mistakenly violating state gun possession laws. This legislation
will require New York State to honor other states gun permits, allow for
temporary licenses for residents of states which do not issue gun
permits, and create an affirmative defense to the charge of possession
of a firearm for individuals like Meredith Graves and Ryan Jerome who
unknowingly violated New York gun laws, while visiting the State.
PRIOR LEGISLATIVE HISTORY:
A.6525 (2013-14), Held in Codes;
A.9086 (2011-12), Held in Codes.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
