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A03076 Summary:

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A03076 Floor Votes:

A03076 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3076--B
                                                                Cal. No. 344
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  KAVANAGH, PHEFFER, PEOPLES-STOKES, BENJAMIN,
          JAFFEE, MAYERSOHN, CAMARA, ROBINSON, ESPAILLAT,  BROOK-KRASNY,  AUBRY,
          LAVINE  --  Multi-Sponsored  by  --  M. of A. GANTT, GLICK, GOTTFRIED,
          HOOPER, JOHN, LIFTON, McDONOUGH, MENG, WEISENBERG, WRIGHT -- read once

          and referred to the Committee on Codes -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported from said committee with amendments, ordered reprinted
          as amended and placed on the order of second reading
 
        AN ACT to amend the penal law, in relation to the issuance of a  license
          to carry a firearm
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of  section  400.00  of  the  penal  law,  as
     2  amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
     3  follows:
     4    1. Eligibility. No license shall be issued or renewed pursuant to this
     5  section except by the licensing officer, and then  only  after  investi-
     6  gation  and  finding  that  all statements in a proper application for a

     7  license are true. No license shall be issued or renewed  except  for  an
     8  applicant  (a) twenty-one years of age or older, provided, however, that
     9  where such applicant has  been  honorably  discharged  from  the  United
    10  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    11  national guard of the state of New York, no such age  restriction  shall
    12  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    13  anywhere of a felony or a serious offense; (d) who has  [stated  whether
    14  he  or  she  has]  not had a guardian appointed for them pursuant to any
    15  provision of law, based on a determination that as a  result  of  marked
    16  subnormal   intelligence,   mental  illness,  incapacity,  condition  or
    17  disease, he or she lacks the mental capacity to contract or manage their

    18  own affairs or ever suffered any mental illness or been confined to  any
    19  hospital  or institution, public or private, for mental illness; (e) who
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD00817-04-9
        A. 3076--B                          2
 
     1  has not had a license revoked or who is not under a suspension or  inel-
     2  igibility  order  issued pursuant to the provisions of section 530.14 of
     3  the criminal procedure law or section eight hundred forty-two-a  of  the
     4  family  court  act; (f) [in the county of Westchester,] who has success-
     5  fully completed a firearms safety course and  test  as  evidenced  by  a

     6  certificate  of  completion  issued  in his or her name and endorsed and
     7  affirmed under the penalties of perjury by a duly authorized instructor,
     8  approved by the superintendent of state police except that: (i)  persons
     9  who  are  honorably discharged from the United States army, navy, marine
    10  corps, air force or coast guard, or of the national guard of  the  state
    11  of  New York, and produce evidence of official qualification in firearms
    12  during the term of service are not  required  to  have  completed  those
    13  hours  of a firearms safety course pertaining to the safe use, carrying,
    14  possession, maintenance and storage of a firearm; and (ii)  persons  who
    15  were  licensed  to  possess  a pistol or revolver prior to the effective
    16  date of this paragraph are not required to  have  completed  a  firearms
    17  safety course and test; and (g) concerning whom no good cause exists for

    18  the  denial  of  the  license. No person shall engage in the business of
    19  gunsmith or dealer in firearms unless licensed pursuant to this section.
    20  An applicant to engage in such business shall also be a citizen  of  the
    21  United States, more than twenty-one years of age and maintain a place of
    22  business  in  the  city  or county where the license is issued. For such
    23  business, if the applicant is a firm or partnership, each member thereof
    24  shall comply with all of the requirements set forth in this  subdivision
    25  and  if  the  applicant  is a corporation, each officer thereof shall so
    26  comply.
    27    § 2. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law.