Requires the renewal of firearms' licenses after five years and the taking of a safety course outside the city of New York; sets a date for expiration and provides for a schedule for recertification to be developed by the commissioner of criminal justice services.
STATE OF NEW YORK
________________________________________________________________________
380
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. PAULIN, COOK, SCHIMEL, ROSENTHAL, JAFFEE,
KAVANAGH -- Multi-Sponsored by -- M. of A. BRENNAN, CYMBROWITZ, HOOP-
ER, PERRY, PHEFFER, TOWNS -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to providing for the expira-
tion and renewal of certain firearms licenses outside the city of New
York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 400.00 of the penal law, as
2 amended by chapter 447 of the laws of 1997, is amended to read as
3 follows:
4 10. License: expiration[, certification] and renewal. Any license for
5 gunsmith or dealer in firearms and, in the city of New York, any license
6 to carry or possess a pistol or revolver, issued at any time pursuant to
7 this section or prior to the first day of July, nineteen hundred sixty-
8 three and not limited to expire on an earlier date fixed in the license,
9 shall expire not more than three years after the date of issuance. [In
10 the counties of Nassau, Suffolk and Westchester, any license to carry or
11 possess a pistol or revolver, issued at any time pursuant to this
12 section or prior to the first day of July, nineteen hundred sixty-three
13 and not limited to expire on an earlier date fixed in the license, shall
14 expire not more than five years after the date of issuance; however, in
15 the county of Westchester, any such license shall be certified prior to
16 the first day of April, two thousand, in accordance with a schedule to
17 be contained in regulations promulgated by the commissioner of the divi-
18 sion of criminal justice services, and every such license shall be
19 recertified every five years thereafter. For purposes of this section
20 certification shall mean that the licensee shall provide to the licens-
21 ing officer the following information only: current name, date of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00317-01-1
A. 380 2
1 birth, current address, and the make, model, caliber and serial number
2 of all firearms currently possessed. Such certification information
3 shall be filed by the licensing officer in the same manner as an amend-
4 ment. Elsewhere than in the city of New York and the counties of Nassau,
5 Suffolk and Westchester, any license to carry or possess a pistol or
6 revolver, issued at any time pursuant to this section or prior to the
7 first day of July, nineteen hundred sixty-three and not previously
8 revoked or cancelled, shall be in force and effect until revoked as
9 herein provided.] Elsewhere than in the city of New York any license to
10 carry or possess a pistol or revolver, issued at any time pursuant to
11 this section or prior to the first day of July, nineteen hundred sixty-
12 three and not limited to expire on an earlier date fixed in the license,
13 shall expire not more than five years after the date of issuance,
14 provided that elsewhere than in the city of New York, Nassau county and
15 Suffolk county, the date of issuance of any such license for purposes of
16 determining the expiration date of such license shall be established in
17 accordance with a schedule to be contained in regulations promulgated by
18 the commissioner of the division of criminal justice services. Any
19 license not previously cancelled or revoked shall remain in full force
20 and effect for thirty days beyond the stated expiration date on such
21 license. Any application to renew a license that has not previously
22 expired, been revoked or cancelled shall thereby extend the term of the
23 license until disposition of the application by the licensing officer.
24 In the case of a license for gunsmith or dealer in firearms, in counties
25 having a population of less than two hundred thousand inhabitants,
26 photographs and fingerprints shall be submitted on original applications
27 and upon renewal thereafter only at six year intervals. Upon satisfac-
28 tory proof that a currently valid original license has been despoiled,
29 lost or otherwise removed from the possession of the licensee and upon
30 application containing an additional photograph of the licensee, the
31 licensing officer shall issue a duplicate license.
32 § 2. This act shall take effect immediately.
