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S05188 Summary:

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S05188 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5188
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      May 14, 2013
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- 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 retired sworn  members  of
          the  state  police  who  have opted to make an application to obtain a
          license to carry or possess a firearm
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  7-b  of subdivision a of section 265.20 of the
     2  penal law, as amended by chapter 210 of the laws of 1999, is amended  to
     3  read as follows:
     4    7-b.  Possession and use, at an indoor or outdoor pistol range located
     5  in or on premises owned or occupied by a duly incorporated  organization
     6  organized  for  conservation  purposes or to foster proficiency in small
     7  arms or at a target pistol shooting competition under the auspices of or
     8  approved by the national rifle association for the  purpose  of  loading
     9  and  firing  the  same,  by  a  person  who has applied for a license to
    10  possess a pistol or revolver and pre-license possession of same pursuant
    11  to section 400.00 or 400.01 of this chapter, who has not been previously

    12  denied a license, been previously  convicted  of  a  felony  or  serious
    13  offense, and who does not appear to be, or pose a threat to be, a danger
    14  to  himself  or  to others, and who has been approved for possession and
    15  use herein in accordance with section 400.00 or 400.01 of this  chapter;
    16  provided  however, that such possession shall be of a pistol or revolver
    17  duly licensed to and shall be used under the supervision,  guidance  and
    18  instruction  of,  a person specified in paragraph seven of this subdivi-
    19  sion and provided further that such possession and  use  be  within  the
    20  jurisdiction  of  the  licensing  officer  with whom the person has made
    21  application therefor or within the jurisdiction of the superintendent of
    22  state police in the case of a retired sworn member of  the  division  of
    23  state  police  who  has  [made] opted to make an application pursuant to

    24  section 400.01 of this chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10960-01-3
        S. 5188                             2
 
     1    § 2. Subdivisions 1 and 4 of section 400.01 of the penal law, as added
     2  by chapter 210 of the laws of 1999, is amended to read as follows:
     3    1.  A license to carry or possess a firearm for a retired sworn member
     4  of the division of state police shall be granted in the same manner  and
     5  upon  the  same  terms  and  conditions as licenses issued under section
     6  400.00 of this article provided, however,  that  applications  for  such

     7  license  [shall]  may  be made to, and the licensing officer [shall] may
     8  be, the superintendent of state police.
     9    4. Except for the designation of the superintendent of state police as
    10  the licensing officer for retired sworn members of the division of state
    11  police who have opted to obtain such license under this section, all  of
    12  the  provisions  and  requirements of section 400.00 of this article and
    13  any other provision of law shall be applicable to  individuals  licensed
    14  pursuant  to  this section. In addition all provisions of section 400.00
    15  of this article, except for the designation  of  the  superintendent  of
    16  state  police as licensing officer are hereby deemed applicable to indi-
    17  viduals licensed pursuant to this section.
    18    § 3. This act shall take effect immediately.