Creates a process for the issuance of a temporary permit to carry or possess a pistol or revolver 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
________________________________________________________________________
3922
2013-2014 Regular Sessions
IN SENATE
February 27, 2013
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed 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 1 of the laws of 2013, is amended to read as
3 follows:
4 3. Possession of a pistol or revolver by a person to whom a license or
5 temporary license therefor has been issued as provided under section
6 400.00 [or], 400.01 or 400.04 of this chapter or possession of a weapon
7 as defined in paragraph (e) or (f) of subdivision twenty-two of section
8 265.00 of this article which is registered pursuant to paragraph (a) of
9 subdivision sixteen-a of section 400.00 of this chapter or is included
10 on an amended license issued pursuant to section 400.00 of this chapter.
11 In the event such license is revoked, other than because such licensee
12 is no longer permitted to possess a firearm, rifle or shotgun under
13 federal or state law, information sufficient to satisfy the requirements
14 of subdivision sixteen-a of section 400.00 of this chapter, shall be
15 transmitted by the licensing officer to the state police, in a form as
16 determined by the superintendent of state police. Such transmission
17 shall constitute a valid registration under such section. Further
18 provided, notwithstanding any other section of this title, a failure to
19 register such weapon by an individual who possesses such weapon before
20 the enactment of the chapter of the laws of two thousand thirteen which
21 amended this paragraph and may so lawfully possess it thereafter upon
22 registration, shall only be subject to punishment pursuant to paragraph
23 (c) of subdivision sixteen-a of section 400.00 of this chapter;
24 provided, that such a license or registration shall not preclude a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07367-02-3
S. 3922 2
1 conviction for the offense defined in subdivision three of section
2 265.01 of this article or section 265.01-a of this article.
3 § 2. Section 265.20 of the penal law is amended by adding a new subdi-
4 vision e to read as follows:
5 e. 1. A nonresident of the state who is not prohibited by federal law
6 from possessing a firearm may possess and carry a concealed pistol or
7 revolver anywhere within the state if such person:
8 (a) is in possession of a valid permit to carry a concealed firearm
9 issued to such nonresident of the state pursuant to the laws of such
10 person's state of residence; and
11 (b) is in compliance with the terms of its issuance in the state of
12 its issue, but only to the extent that the terms of issuance comply with
13 any appropriate laws of this state; and
14 (c) is carrying a valid identification document containing a photo-
15 graph of the person; and
16 (d) does not have any intent to use such pistol or revolver for an
17 illegal purpose; and
18 (e) is subject to the same conditions and limitations, except as to
19 eligibility to possess or carry, imposed by or under federal or state
20 law or the law of a political subdivision of this state, that apply to
21 the possession or carrying of a concealed pistol or revolver by resi-
22 dents of the state or political subdivision who are licensed by the
23 state or political subdivision to do so, or not prohibited by the state
24 from doing so.
25 2. If the holder of such a nonresident permit to carry a concealed
26 firearm becomes, at any time, a legal resident of this state, the
27 provisions of this subdivision shall no longer apply.
28 3. As used in this subdivision the term "identification document"
29 means a document made or issued by or under the authority of the United
30 States Government, a state or a political subdivision of a state which,
31 when completed with information concerning a particular individual, is
32 of a type intended or commonly accepted for the purpose of identifica-
33 tion of individuals.
34 § 3. Section 400.00 of the penal law is amended by adding a new subdi-
35 vision 2-a to read as follows:
36 2-a. Temporary license. A temporary license to possess or carry a
37 pistol or revolver, other than an assault weapon or a disguised gun
38 shall be issued to:
39 (a) a householder to have and possess in his or her dwelling where
40 such householder is eligible pursuant to section 400.04 of this article;
41 or
42 (b) have and carry, without regard to place of possession, by any
43 person when a legal purpose exists for the issuance thereof and where
44 such person is eligible pursuant to subdivision one of section 400.04 of
45 this article.
46 § 4. The penal law is amended by adding a new section 400.04 to read
47 as follows:
48 § 400.04 Temporary license to carry or possess a pistol or revolver.
49 1. Eligibility. A person is eligible for a temporary license to carry
50 or possess a firearm in the state where:
51 (a) such person is domiciled in a state of the United States which
52 does not require a license or permit to possess or carry a pistol or
53 revolver, provided that such person shall comply with the requirements
54 set forth in paragraphs (a) through (f) of subdivision one of section
55 400.00 of this article and that there is no good cause for the denial of
56 the license; or
S. 3922 3
1 (b) such person has a pistol or revolver license or permit issued in
2 accordance with the laws of the state of issuance, where that state is a
3 state of the United States which is a jurisdiction that does not author-
4 ize such license or registration by a person who has been previously
5 convicted of a felony; provided that such person shall comply with the
6 requirements set forth in paragraphs (a) through (f) of subdivision one
7 of section 400.00 of this article and where there is no good cause for
8 the denial of the license; or
9 (c) such person is licensed in a state of the United States which is a
10 jurisdiction that allows licensing by a person who has been previously
11 convicted of a felony, provided that such person must comply with the
12 requirements set forth in paragraphs (a) through (f) of subdivision one
13 of section 400.00 of this article and there is no good cause for the
14 denial of the license.
15 Nothing in this section requires the granting of a temporary pistol or
16 revolver license to any person who has previously been convicted of a
17 felony or of a crime which, if committed in this state, would be a felo-
18 ny, notwithstanding that the jurisdiction in which such person is domi-
19 ciled allows licensing by such person.
20 2. Applications. (a) Applications for a temporary license to carry or
21 possess a pistol or revolver shall be made to the division of state
22 police and the licensing officer shall be the superintendent of state
23 police.
24 (b) The application for such temporary license shall be approved as to
25 form by the superintendent of state police and shall state:
26 (i) the number of days for which the temporary license will be in
27 effect, including the exact range of dates it will be in effect, except
28 that such time period shall not exceed ninety days.
29 (ii) the full name, date of birth, address of permanent residence,
30 place of temporary residence while in the state, and present occupation
31 of the applicant.
32 (iii) whether or not the applicant is a citizen of the United States.
33 (iv) whether or not the applicant complies with each requirement for
34 eligibility specified in subdivision one of this section including
35 documentation regarding other state licenses; and
36 (v) such other facts as may be required to show the good character,
37 competency and integrity of each applicant.
38 (c) The blank application form shall be made available on the division
39 of state police website.
40 (d) The application shall be signed and verified by the applicant.
41 Each individual signing an application shall submit one photograph of
42 himself or herself and a duplicate for each required copy of the appli-
43 cation. Such photographs shall be two inches square and shall have been
44 taken within thirty days prior to submitting the application.
45 (e) The licensing officer shall, no later than ten business days after
46 such submission, conduct an investigation and ascertain any previous
47 criminal record of the applicant pursuant to subdivision four of this
48 section.
49 (f) No later than ten business days after completion of this investi-
50 gation, the superintendent of state police shall determine if the appli-
51 cant has been previously denied a license, been convicted of a felony,
52 or been convicted of a serious offense, and either approve or disapprove
53 the application for a temporary pistol license based upon such determi-
54 nations and shall issue the license to the applicant within ten days of
55 such determination.
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1 (g) Applications shall be processed in accordance with the require-
2 ments of subdivisions four-a and four-b of section 400.00 of this arti-
3 cle, except that where the applicant's eligibility is based on paragraph
4 (b) of subdivision one of this section such application must be proc-
5 essed and the investigation completed within sixty days of submission of
6 the application to the licensing officer.
7 (h) Approved applications shall be maintained on file by the division
8 of state police after issuance of the license.
9 3. Investigations. The investigation required for issuance of a tempo-
10 rary license to carry or possess a pistol or revolver shall be conducted
11 in the same manner and upon the same terms and conditions as investi-
12 gations required for licenses issued pursuant to section 400.00 of this
13 article provided, however, the results shall be provided to the super-
14 intendent of state police in his or her capacity as licensing officer.
15 4. License form, duration and validity. (a) Any license issued pursu-
16 ant to this section shall be in accordance with the form set forth in
17 subdivision seven of section 400.00 of this article.
18 (b) Any license issued pursuant to this section shall be valid
19 throughout the state except where it would be limited by the provisions
20 of subdivision six of section 400.00 of this article.
21 (c) In no instance shall the duration of a temporary license exceed
22 ninety days.
23 (d) The temporary license shall, in at least 16 point font, indicate
24 that it is a temporary license and indicate the expiration date of such
25 temporary license.
26 (e) A temporary license issued pursuant to this section may be revoked
27 or suspended on the same terms and under the same circumstances as set
28 forth in subdivision eleven of section 400.00 of this article.
29 5. Fees. The superintendent of state police shall fix a licensing fee
30 to be charged for a temporary license to carry or possess a pistol or
31 revolver based on the expense of carrying out the provisions of this
32 section. Such fee may be adjusted by the superintendent of state police,
33 on an annual basis, where necessary to ensure that the licensing fees
34 adequately cover the expense of carrying out the provisions of this
35 section without significantly exceeding such costs.
36 6. Any violation by any person of any provision of this section is a
37 class A misdemeanor.
38 7. Applicability of section. The provisions of article two hundred
39 sixty-five of this chapter relating to illegal possession of a firearm,
40 shall not apply to an offense which also constitutes a violation of this
41 section by a person holding an otherwise valid license under the
42 provisions of this section and such offense shall only be punishable as
43 a class A misdemeanor pursuant to this section.
44 § 5. Section 265.10 of the penal law is amended by adding a new subdi-
45 vision 2-a to read as follows:
46 2-a. Notwithstanding any other provision of any law, rule or regu-
47 lation of the state or any political subdivision thereof, any person who
48 is not otherwise prohibited by federal law from transporting, shipping
49 or receiving a firearm shall be entitled to transport a firearm for any
50 lawful purpose through this state from any place where he or she may
51 lawfully possess and carry such firearm to any other place where he or
52 she may lawfully possess and carry such firearm if, during such trans-
53 portation the firearm is unloaded, and neither the firearm nor any ammu-
54 nition being transported is readily accessible or is directly accessible
55 from the passenger compartment of such transporting vehicle; provided,
56 that, in the case of a vehicle without a compartment separate from the
S. 3922 5
1 driver's compartment the firearm or ammunition shall be contained in a
2 locked container other than the glove compartment or console.
3 § 6. Subdivision 3 of section 265.03 of the penal law, as amended by
4 chapter 745 of the laws of 2006, is amended to read as follows:
5 (3) such person possesses any loaded firearm. Such possession shall
6 not, except as provided in subdivision one or seven of section 265.02 of
7 this article, constitute a violation of this subdivision if such
8 possession takes place in such person's home or place of business. It
9 shall be an affirmative defense to a charge under this subdivision that
10 such person is a nonresident of this state who is duly authorized to
11 carry such firearm in such person's state of residence or if such person
12 is a resident of this state who is duly licensed to carry a pistol or
13 revolver, and if such person has not previously been charged with any
14 violation of this section.
15 § 7. Section 265.01 of the penal law is amended by adding a new undes-
16 ignated paragraph to read as follows:
17 It shall be an affirmative defense to a charge of possession of a
18 firearm under subdivision one of this section if such possession of a
19 firearm is by a nonresident of this state who is authorized to carry
20 such firearm in such person's state of residence or if such person is a
21 resident of this state who is duly licensed to carry a pistol or revol-
22 ver in this state, and if such person has not previously been charged
23 with possession of a firearm under this section.
24 § 8. This act shall take effect on the ninetieth day after it shall
25 have become a law; provided, however, that if section 46 of chapter 1 of
26 the laws of 2013 shall not have taken effect on or before the effective
27 date of this act, then section one of this act shall take effect on the
28 same date and in the same manner as such section 46 takes effect;
29 provided, further, however, that if section 40 of chapter 1 of the laws
30 of 2013 shall not have taken effect on or before the effective date of
31 this act, then section seven of this act shall take effect on the same
32 date and in the same manner as such section 40 takes effect.
