Provides that possession and use of a firearm in certain locations under the supervision, guidance and instruction of a qualified firearms instructor shall not be a crime.
STATE OF NEW YORK
________________________________________________________________________
10578
IN ASSEMBLY
July 6, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to qualified firearms
instructors
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 150 of the laws of 2020, is amended to read as
3 follows:
4 19. "Duly authorized instructor" means (a) a duly commissioned officer
5 of the United States army, navy, marine corps or coast guard, or of the
6 national guard of the state of New York; or (b) a duly qualified adult
7 citizen of the United States who has been granted a certificate as an
8 instructor in small arms practice issued by the United States army, navy
9 or marine corps, or by the adjutant general of this state, or by the
10 national rifle association of America, a not-for-profit corporation duly
11 organized under the laws of this state; (c) by a person duly qualified
12 and designated by the department of environmental conservation under
13 paragraph c of subdivision three of section 11-0713 of the environmental
14 conservation law as its agent in the giving of instruction and the
15 making of certifications of qualification in responsible hunting prac-
16 tices; [or] (d) a New York state 4-H certified shooting sports instruc-
17 tor; or (e) a qualified firearms instructor.
18 § 2. Section 265.00 of the penal law is amended by adding a new subdi-
19 vision 33 to read as follows:
20 33. "Qualified firearms instructor" means an individual who holds a
21 certificate as a firearms instructor from an association or organization
22 recognized by the division of criminal justice services.
23 § 3. Paragraph 7-b of subdivision a of section 265.20 of the penal
24 law, as amended by chapter 511 of the laws of 2014, is amended to read
25 as follows:
26 7-b. Possession and use, at an indoor or outdoor pistol range located
27 in or on premises owned or occupied by a duly incorporated organization
28 organized for conservation purposes or to foster proficiency in small
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15553-01-2
A. 10578 2
1 arms or at a target pistol shooting competition under the auspices of or
2 approved by the national rifle association for the purpose of loading
3 and firing the same, by a person who has applied for a license to
4 possess a pistol or revolver and pre-license possession of same pursuant
5 to section 400.00 or 400.01 of this chapter, who has not been previously
6 denied a license, been previously convicted of a felony or serious
7 offense, and who does not appear to be, or pose a threat to be, a danger
8 to himself or to others, and who has been approved for possession and
9 use herein in accordance with section 400.00 or 400.01 of this chapter;
10 provided however, that such possession shall be of a pistol or revolver
11 duly licensed to and shall be used under the supervision, guidance and
12 instruction of, a person specified in paragraph seven of this subdivi-
13 sion, or a qualified firearms instructor, and provided further that such
14 possession and use be within the jurisdiction of the licensing officer
15 with whom the person has made application therefor or within the juris-
16 diction of the superintendent of state police in the case of a retired
17 sworn member of the division of state police who has opted to make an
18 application pursuant to section 400.01 of this chapter.
19 § 4. This act shall take effect immediately.
