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.
STATE OF NEW YORK
________________________________________________________________________
6525
2013-2014 Regular Sessions
IN ASSEMBLY
April 4, 2013
___________
Introduced by M. of A. KOLB, PALMESANO, CORWIN, JORDAN, HAWLEY -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to possession of a pistol or
revolver
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 3 of subdivision a of section 265.20 of the penal
2 law, as amended by chapter 210 of the laws of 1999, is amended to read
3 as follows:
4 3. Possession of a pistol or revolver by a person to whom a license or
5 a temporary license therefor has been issued as provided under section
6 400.00 [or], 400.01 or 400.04 of this chapter; provided, that such a
7 license shall not preclude a conviction for the offense defined in
8 subdivision three of section 265.01 of this article.
9 § 2. Paragraph 3 of subdivision a of section 265.20 of the penal law,
10 as amended by chapter 1 of the laws of 2013, is amended to read as
11 follows:
12 3. Possession of a pistol or revolver by a person to whom a license or
13 temporary license therefor has been issued as provided under section
14 400.00 [or], 400.01 or 400.04 of this chapter or possession of a weapon
15 as defined in paragraph (e) or (f) of subdivision twenty-two of section
16 265.00 of this article which is registered pursuant to paragraph (a) of
17 subdivision sixteen-a of section 400.00 of this chapter or is included
18 on an amended license issued pursuant to section 400.00 of this chapter.
19 In the event such license is revoked, other than because such licensee
20 is no longer permitted to possess a firearm, rifle or shotgun under
21 federal or state law, information sufficient to satisfy the requirements
22 of subdivision sixteen-a of section 400.00 of this chapter, shall be
23 transmitted by the licensing officer to the state police, in a form as
24 determined by the superintendent of state police. Such transmission
25 shall constitute a valid registration under such section. Further
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09809-01-3
A. 6525 2
1 provided, notwithstanding any other section of this title, a failure to
2 register such weapon by an individual who possesses such weapon before
3 the enactment of the chapter of the laws of two thousand thirteen which
4 amended this paragraph and may so lawfully possess it thereafter upon
5 registration, shall only be subject to punishment pursuant to paragraph
6 (c) of subdivision sixteen-a of section 400.00 of this chapter;
7 provided, that such a license or registration shall not preclude a
8 conviction for the offense defined in subdivision three of section
9 265.01 of this article or section 265.01-a of this article.
10 § 3. Section 265.20 of the penal law is amended by adding a new subdi-
11 vision e to read as follows:
12 e. 1. A nonresident of New York state who is not prohibited by federal
13 law from possessing a firearm may possess and carry a concealed firearm,
14 as defined in subdivision three of section 265.00 of this article,
15 anywhere within New York state if such person:
16 (a) is in possession of a valid permit to carry a concealed firearm
17 issued to such nonresident of New York state pursuant to the laws of
18 such person's state of residence; and
19 (b) is in compliance with the terms of its issuance in the state of
20 its issue, but only to the extent that the terms of issuance comply with
21 any appropriate New York state statute; and
22 (c) is carrying a valid identification document containing a photo-
23 graph of the person; and
24 (d) does not have any intent to use such firearm for an illegal
25 purpose; and
26 (e) is subject to the same conditions and limitations, except as to
27 eligibility to possess or carry, imposed by or under federal or state
28 law or the law of a political subdivision of New York state, that apply
29 to the possession or carrying of a concealed firearm by residents of the
30 state or political subdivision who are licensed by the state or poli-
31 tical subdivision to do so, or not prohibited by the state from doing
32 so.
33 2. If a nonresident, who is authorized to possess or carry a concealed
34 firearm pursuant to the provisions of this subdivision, becomes a legal
35 resident of New York state, then the provisions of this subdivision
36 shall continue to apply to such person until such time as a New York
37 state license is issued or denied under article four hundred of this
38 chapter; provided that such person shall have sixty days to file an
39 application therefor after becoming a resident of this state.
40 3. The possession of a valid license from another jurisdiction shall
41 be a rebuttable presumption that the holder is not prohibited by federal
42 law from possessing a firearm and is in compliance with the terms of
43 issuance in the state of issuance.
44 4. As used in this subdivision the term "identification document"
45 means a document made or issued by or under the authority of the United
46 States Government, a state or a political subdivision of a state which,
47 when completed with information concerning a particular individual, is
48 of a type intended or commonly accepted for the purpose of identifica-
49 tion of individuals.
50 § 4. Section 400.00 of the penal law is amended by adding a new subdi-
51 vision 2-a to read as follows:
52 2-a. Temporary license. A temporary license for a pistol or revolver,
53 other than an assault weapon or a disguised gun shall be issued to:
54 (a) a householder to have and possess in his dwelling where such
55 householder is eligible pursuant to section 400.04 of this article; or
A. 6525 3
1 (b) have and carry, without regard to place of possession, by any
2 person where such person is eligible pursuant to subdivision one of
3 section 400.04 of this article.
4 § 5. The penal law is amended by adding a new section 400.04 to read
5 as follows:
6 § 400.04 Temporary license to carry or possess firearms.
7 1. Eligibility. A person is eligible for a temporary license to carry
8 or possess a firearm in New York state where:
9 (a) such person is domiciled in a state of the United States which
10 does not require a license or permit to possess or carry a firearm, as
11 defined in subdivision three of section 265.00 of this chapter, provided
12 that such person shall comply with the requirements set forth in para-
13 graphs (a) through (e) of subdivision one of section 400.00 of this
14 article and that there is no good cause for the denial of the license;
15 or
16 (b) such person has a pistol license or permit issued in accordance
17 with the laws of the state of issuance, where that state is a state of
18 the United States which is a jurisdiction that does not authorize such
19 license or registration by a person who has been previously convicted of
20 a felony; provided that such person shall comply with the requirements
21 set forth in paragraphs (a) through (e) of subdivision one of section
22 400.00 of this article and where there is no good cause for the denial
23 of the license; or
24 (c) such person is licensed in a state of the United States which is a
25 jurisdiction that allows licensing by a person who has been previously
26 convicted of a felony, provided that such person must comply with the
27 requirements set forth in paragraphs (a) through (e) of subdivision one
28 of section 400.00 of this article and there is no good cause for the
29 denial of the license.
30 Nothing in this section requires the granting of a temporary pistol
31 license to any person who has previously been convicted of a felony or
32 of a crime which, if committed in this state, would be a felony,
33 notwithstanding that the jurisdiction in which such person is domiciled
34 allows licensing by such person.
35 2. Applications. (a) Applications for a temporary license to carry or
36 possess a pistol or revolver shall be made to the division of state
37 police and the licensing officer shall be the superintendent of state
38 police.
39 (b) The application for such temporary license shall be approved as to
40 form by the superintendent of the division of state police and shall
41 state:
42 (i) the number of days for which the temporary license will be in
43 effect, including the exact range of dates it will be in effect, except
44 that such time period shall not exceed ninety days.
45 (ii) the full name, date of birth, address of permanent residence,
46 place of temporary residence while in New York state, and present occu-
47 pation of the applicant.
48 (iii) whether or not the applicant is a citizen of the United States.
49 (iv) whether or not the applicant complies with each requirement for
50 eligibility specified in subdivision one of this section including
51 documentation regarding other state licenses; and
52 (v) such other facts as may be required to show the good character,
53 competency and integrity of each applicant.
54 (c) The blank application form shall be made available on the New York
55 state division of police website.
A. 6525 4
1 (d) The application shall be signed and verified by the applicant.
2 Each individual signing an application shall submit one photograph of
3 himself and a duplicate for each required copy of the application. Such
4 photographs shall be two inches square and shall have been taken within
5 thirty days prior to submitting the application.
6 (e) The licensing officer shall, no later than ten business days after
7 such submission, conduct an investigation and ascertain any previous
8 criminal record of the applicant pursuant to subdivision four of this
9 section.
10 (f) No later than ten business days after completion of this investi-
11 gation, the division of state police licensing officer shall determine
12 if the applicant has been previously denied a license, been convicted of
13 a felony, or been convicted of a serious offense, and either approve or
14 disapprove the application for a temporary pistol license based upon
15 such determinations and shall issue the license to the applicant within
16 ten days of such determination.
17 (g) Applications shall be processed in accordance with the require-
18 ments of subdivisions four-a and four-b of section 400.00 of this arti-
19 cle, except that where the applicant's eligibility is based on paragraph
20 (b) of subdivision one of this section such application must be proc-
21 essed and the investigation completed within sixty days of submission of
22 the application to the licensing officer.
23 (h) Approved applications shall be maintained on file by the division
24 of state police after issuance of the license.
25 3. Investigations. The investigation required for issuance of a tempo-
26 rary license to carry or possess a firearm shall be conducted in the
27 same manner and upon the same terms and conditions as investigations
28 required for licenses issued pursuant to section 400.00 of this article
29 provided, however, the results shall be provided to the superintendent
30 of state police in his or her capacity as licensing officer.
31 4. License form, duration and validity. (a) Any license issued pursu-
32 ant to this section shall be in accordance with the form set forth in
33 subdivision seven of section 400.00 of this article.
34 (b) Any license issued pursuant to this section shall be valid
35 throughout the state except where it would be limited by the provisions
36 of subdivision six of section 400.00 of this article.
37 (c) In no instance shall the duration of a temporary license exceed
38 ninety days.
39 (d) The temporary license shall, in at least 16 point font, indicate
40 that it is a temporary license and indicate the expiration date of such
41 temporary license.
42 (e) A temporary license issued pursuant to this section may be revoked
43 or suspended on the same terms and under the same circumstances as set
44 forth in subdivision eleven of section 400.00 of this article.
45 5. Fees. The superintendent of the division of state police shall fix
46 a licensing fee to be charged for a temporary license to carry or
47 possess a pistol or revolver based on the expense of carrying out the
48 provisions of this section. Such fee may be adjusted by the superinten-
49 dent of the division of state police, on an annual basis, where neces-
50 sary to ensure that the licensing fees adequately cover the expense of
51 carrying out the provisions of this section without significantly
52 exceeding such costs.
53 6. Applicability of section. The provisions of article two hundred
54 sixty-five of this chapter relating to illegal possession of a firearm,
55 shall not apply to an offense which also constitutes a violation of this
56 section by a person holding an otherwise valid license under the
A. 6525 5
1 provisions of this section and such offense shall only be punishable as
2 a class A misdemeanor.
3 § 6. Section 265.10 of the penal law is amended by adding a new subdi-
4 vision 2-a to read as follows:
5 2-a. Notwithstanding any other provision of any law or any rule or
6 regulation of the state of New York or any political subdivision there-
7 of, any person who is not otherwise prohibited by federal law from
8 transporting, shipping, or receiving a firearm shall be entitled to
9 transport a firearm for any lawful purpose through New York State from
10 any place where he may lawfully possess and carry such firearm to any
11 other place where he may lawfully possess and carry such firearm if,
12 during such transportation the firearm is unloaded, and neither the
13 firearm nor any ammunition being transported is readily accessible or is
14 directly accessible from the passenger compartment of such transporting
15 vehicle; provided, that, in the case of a vehicle without a compartment
16 separate from the driver's compartment the firearm or ammunition shall
17 be contained in a locked container other than the glove compartment or
18 console.
19 § 7. Subdivision 3 of section 265.03 of the penal law, as amended by
20 chapter 745 of the laws of 2006, is amended to read as follows:
21 (3) such person possesses any loaded firearm. Such possession shall
22 not, except as provided in subdivision one or seven of section 265.02 of
23 this article, constitute a violation of this subdivision if such
24 possession takes place in such person's home or place of business. It
25 shall be an affirmative defense to a charge under this subdivision that
26 such person is a nonresident of New York state who is duly authorized to
27 carry such firearm in such person's state of residence or if such person
28 is a resident of New York state who is duly licensed to carry a firearm,
29 and if such person has not previously been charged with any violation of
30 this section.
31 § 8. Section 265.01 of the penal law is amended by adding a new undes-
32 ignated paragraph to read as follows:
33 It shall be an affirmative defense to a charge of possession of a
34 firearm under subdivision one of this section if such possession of a
35 firearm is by a nonresident of New York state who is authorized to carry
36 such firearm in such person's state of residence or if such person is a
37 resident of New York state who is duly licensed to carry a firearm in
38 New York state, and if such person has not previously been charged with
39 possession of a firearm under this section.
40 § 9. This act shall take effect on the ninetieth day after it shall
41 have become a law; provided, however, that section two of this act shall
42 take effect on the same date and in the same manner as section 46 of
43 chapter 1 of the laws of 2013, takes effect.
