Bill Text: NY A01701 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that a license to possess a pistol or revolver shall permit the licensee to carry such weapon concealed.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A01701 Detail]

Download: New_York-2019-A01701-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1701
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced  by  M.  of A. HAWLEY, B. MILLER, DiPIETRO, GIGLIO, LAWRENCE,
          MORINELLO, CROUCH -- read once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation  to  licenses  to  carry  and
          possess firearms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 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    2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
     5  shall  be  issued  to engage in such business. A license for a pistol or
     6  revolver, other than an assault weapon or  a  disguised  gun,  shall  be
     7  issued  to [(a) have and] possess [in his dwelling by a householder; (b)
     8  have and possess in his place of business by a merchant or  storekeeper;
     9  (c) have] and carry concealed [while so employed by a messenger employed
    10  by  a  banking  institution  or  express  company;  (d)  have  and carry
    11  concealed by a justice of the supreme court in the first or second judi-
    12  cial departments, or by a judge of the New York city civil court or  the
    13  New  York  city  criminal  court;  (e) have and carry concealed while so
    14  employed by a regular employee of an institution of the state, or of any
    15  county, city, town or  village,  under  control  of  a  commissioner  of
    16  correction  of  the city or any warden, superintendent or head keeper of
    17  any state prison, penitentiary, workhouse, county jail or other institu-
    18  tion for the detention of persons convicted or accused of crime or  held
    19  as witnesses in criminal cases, provided that application is made there-
    20  for  by  such  commissioner,  warden, superintendent or head keeper; (f)
    21  have and carry concealed,] without regard  to  employment  or  place  of
    22  possession[,  by  any  person  when proper cause exists for the issuance
    23  thereof; and (g) have, possess, collect and carry antique pistols  which
    24  are  defined as follows: (i) any single shot, muzzle loading pistol with
    25  a matchlock, flintlock, percussion cap,  or  similar  type  of  ignition

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02369-01-9
        A. 1701                             2

     1  system  manufactured  in or before l898, which is not designed for using
     2  rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
     3  ca of any pistol described in clause (i) hereof if such replica--
     4    (1)  is  not  designed or redesigned for using rimfire or conventional
     5  centerfire fixed ammunition, or
     6    (2) uses rimfire or conventional centerfire fixed ammunition which  is
     7  no  longer  manufactured  in  the United States and which is not readily
     8  available in the ordinary channels of commercial trade].
     9    § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
    10  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    11  follows:
    12    (a) Applications shall be made and renewed, in the case of  a  license
    13  to carry [or] and possess a pistol or revolver, to the licensing officer
    14  in  the city or county, as the case may be, where the applicant resides,
    15  is principally employed or has his or her principal place of business as
    16  merchant or storekeeper; and, in the case of a license  as  gunsmith  or
    17  dealer  in  firearms, to the licensing officer where such place of busi-
    18  ness is located. Blank applications shall, except in  the  city  of  New
    19  York,  be  approved as to form by the superintendent of state police. An
    20  application shall state the full name, date of birth, residence, present
    21  occupation of each person or individual signing the same, whether or not
    22  he or she is a citizen of the United States, whether or not  he  or  she
    23  complies  with each requirement for eligibility specified in subdivision
    24  one of this section and such other facts as may be required to show  the
    25  good  character,  competency  and integrity of each person or individual
    26  signing the application. An application shall be signed and verified  by
    27  the  applicant.  Each individual signing an application shall submit one
    28  photograph of himself or herself and a duplicate for each required  copy
    29  of the application. Such photographs shall have been taken within thirty
    30  days  prior  to filing the application. In case of a license as gunsmith
    31  or dealer in firearms, the photographs submitted  shall  be  two  inches
    32  square,  and the application shall also state the previous occupation of
    33  each individual signing the same and the location of the place  of  such
    34  business,  or  of the bureau, agency, subagency, office or branch office
    35  for which the license is sought, specifying the name of the  city,  town
    36  or  village,  indicating the street and number and otherwise giving such
    37  apt description as to point out reasonably the location thereof. In such
    38  case, if the applicant is a firm, partnership or corporation, its  name,
    39  date  and  place  of formation, and principal place of business shall be
    40  stated. For such firm or partnership, the application  shall  be  signed
    41  and  verified  by  each individual composing or intending to compose the
    42  same, and for such corporation, by each officer thereof.
    43    § 3. Subdivision 6 of section 400.00 of the penal law, as  amended  by
    44  chapter 318 of the laws of 2002, is amended to read as follows:
    45    6.  License:  validity.  Any  license  issued pursuant to this section
    46  shall be valid notwithstanding the provisions of any local law or  ordi-
    47  nance.    No  license shall be transferable to any other person or prem-
    48  ises. A license to carry [or] and possess a  pistol  or  revolver[,  not
    49  otherwise limited as to place or time of possession,] shall be effective
    50  throughout the state, except that the same shall not be valid within the
    51  city  of New York unless a special permit granting validity is issued by
    52  the police commissioner of that city. Such license  to  carry  [or]  and
    53  possess  shall  be valid within the city of New York in the absence of a
    54  permit issued by the police commissioner of that city, provided that (a)
    55  the firearms covered by such license have been purchased from a licensed
    56  dealer within the city of New York and are being transported out of said
        A. 1701                             3
     1  city forthwith and immediately from said dealer by  the  licensee  in  a
     2  locked container during a continuous and uninterrupted trip; or provided
     3  that  (b)  the firearms covered by such license are being transported by
     4  the  licensee in a locked container and the trip through the city of New
     5  York is continuous and uninterrupted; or provided that (c) the  firearms
     6  covered  by  such  license  are  carried  by armored car security guards
     7  transporting money or other valuables, in, to, or  from  motor  vehicles
     8  commonly  known  as armored cars, during the course of their employment;
     9  or provided that (d) the licensee is a retired police officer as  police
    10  officer  is  defined pursuant to subdivision thirty-four of section 1.20
    11  of the criminal procedure law or a retired federal law enforcement offi-
    12  cer, as defined in section 2.15 of the criminal procedure law,  who  has
    13  been  issued  a license by an authorized licensing officer as defined in
    14  subdivision ten of section 265.00 of this  chapter;  provided,  further,
    15  however,  that if such license was not issued in the city of New York it
    16  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    17  ment Officer", as the case may be, and, in the case of a retired officer
    18  the license shall be  deemed  to  permit  only  police  or  federal  law
    19  enforcement  regulations weapons; or provided that (e) the licensee is a
    20  peace officer described in subdivision four of section 2.10 of the crim-
    21  inal procedure law and the license, if issued by other than the city  of
    22  New York, is marked "New York State Tax Department Peace Officer" and in
    23  such  case  the exemption shall apply only to the firearm issued to such
    24  licensee by the  department  of  taxation  and  finance.  A  license  as
    25  gunsmith  or  dealer  in firearms shall not be valid outside the city or
    26  county, as the case may be, where issued.
    27    § 4. Subdivision 7 of section 400.00 of the penal law  is  amended  to
    28  read as follows:
    29    7.  License:  form. Any license issued pursuant to this section shall,
    30  except in the city of New York, be approved as to  form  by  the  super-
    31  intendent  of state police. A license to carry [or] and possess a pistol
    32  or revolver shall have attached the licensee's photograph, and a  coupon
    33  which shall be removed and retained by any person disposing of a firearm
    34  to  the licensee. Such license shall specify the weapon covered by cali-
    35  bre, make, model, manufacturer's name and serial number, or if none,  by
    36  any other distinguishing number or identification mark[, and shall indi-
    37  cate  whether  issued to carry on the person or possess on the premises,
    38  and if on the premises shall also specify the place where  the  licensee
    39  shall  possess the same]. If such license is issued to an alien, or to a
    40  person not a citizen of and usually a resident in the state, the licens-
    41  ing officer shall state in the license the  particular  reason  for  the
    42  issuance  and  the names of the persons certifying to the good character
    43  of the applicant. Any license as gunsmith or dealer  in  firearms  shall
    44  mention  and  describe  the premises for which it is issued and shall be
    45  valid only for such premises.
    46    § 5. Subdivision 9 of section 400.00 of the penal law, as  amended  by
    47  chapter 1 of the laws of 2013, is amended to read as follows:
    48    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
    49  person licensed to carry [or] and possess a pistol or revolver may apply
    50  at any time to his or her licensing officer for amendment of his or  her
    51  license  to  include  one or more such weapons or to cancel weapons held
    52  under license. If granted, a record  of  the  amendment  describing  the
    53  weapons  involved  shall be filed by the licensing officer in the execu-
    54  tive department, division of state police, Albany. The superintendent of
    55  state police may authorize that such amendment be completed  and  trans-
    56  mitted  to  the  state  police in electronic form.   Notification of any
        A. 1701                             4
     1  change of residence shall be made in writing by any licensee within  ten
     2  days  after  such  change  occurs,  and a record of such change shall be
     3  inscribed by such licensee on the reverse side of his  or  her  license.
     4  Elsewhere  than  in  the city of New York, and in the counties of Nassau
     5  and Suffolk, such notification shall be made to  the  executive  depart-
     6  ment,  division  of state police, Albany, and in the city of New York to
     7  the police commissioner of that city, and in the county of Nassau to the
     8  police commissioner of that county, and in the county of Suffolk to  the
     9  licensing  officer of that county, who shall, within ten days after such
    10  notification shall be received by him or her, give notice in writing  of
    11  such  change  to  the executive department, division of state police, at
    12  Albany.
    13    § 6. Paragraph (a) of subdivision 10 of section 400.00  of  the  penal
    14  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    15  follows:
    16    (a) Any license for gunsmith or dealer in firearms and, in the city of
    17  New York, any license to carry [or] and possess a  pistol  or  revolver,
    18  issued at any time pursuant to this section or prior to the first day of
    19  July,  nineteen  hundred  sixty-three  and  not  limited to expire on an
    20  earlier date fixed in the license, shall  expire  not  more  than  three
    21  years after the date of issuance. In the counties of Nassau, Suffolk and
    22  Westchester, any license to carry [or] and possess a pistol or revolver,
    23  issued at any time pursuant to this section or prior to the first day of
    24  July,  nineteen  hundred  sixty-three  and  not  limited to expire on an
    25  earlier date fixed in the license, shall expire not more than five years
    26  after the date of issuance; however, in the county of  Westchester,  any
    27  such  license  shall  be  certified prior to the first day of April, two
    28  thousand, in accordance with a schedule to be contained  in  regulations
    29  promulgated  by  the  commissioner  of  the division of criminal justice
    30  services, and every such license shall be recertified every  five  years
    31  thereafter.  For  purposes of this section certification shall mean that
    32  the licensee shall provide to the licensing officer the following infor-
    33  mation only:   current name, date of birth,  current  address,  and  the
    34  make,  model,  caliber  and  serial  number  of  all  firearms currently
    35  possessed. Such certification information shall be filed by the  licens-
    36  ing  officer  in  the same manner as an amendment. Elsewhere than in the
    37  city of New York and the counties of Nassau,  Suffolk  and  Westchester,
    38  any  license  to  carry [or] and possess a pistol or revolver, issued at
    39  any time pursuant to this section or prior to the  first  day  of  July,
    40  nineteen  hundred  sixty-three  and not previously revoked or cancelled,
    41  shall be in force and effect  until  revoked  as  herein  provided.  Any
    42  license  not  previously cancelled or revoked shall remain in full force
    43  and effect for thirty days beyond the stated  expiration  date  on  such
    44  license.  Any  application  to  renew  a license that has not previously
    45  expired, been revoked or cancelled shall thereby extend the term of  the
    46  license  until  disposition of the application by the licensing officer.
    47  In the case of a license for gunsmith or dealer in firearms, in counties
    48  having a population of  less  than  two  hundred  thousand  inhabitants,
    49  photographs and fingerprints shall be submitted on original applications
    50  and  upon  renewal thereafter only at six year intervals. Upon satisfac-
    51  tory proof that a currently valid original license has  been  despoiled,
    52  lost  or  otherwise removed from the possession of the licensee and upon
    53  application containing an additional photograph  of  the  licensee,  the
    54  licensing officer shall issue a duplicate license.
    55    §  7. Subdivision 12 of section 400.00 of the penal law, as amended by
    56  chapter 1 of the laws of 2013, is amended to read as follows:
        A. 1701                             5
     1    12. Records required of gunsmiths and dealers in firearms. Any  person
     2  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
     3  approved as to form, except in the city of New York, by the  superinten-
     4  dent of state police. In the record book shall be entered at the time of
     5  every  transaction  involving  a firearm the date, name, age, occupation
     6  and residence of any person from whom a firearm is received or to whom a
     7  firearm is delivered, and the calibre, make, model, manufacturer's  name
     8  and  serial number, or if none, any other distinguishing number or iden-
     9  tification mark on such firearm. Before  delivering  a  firearm  to  any
    10  person, the licensee shall require him to produce either a license valid
    11  under  this  section  to  carry  [or]  and possess the same, or proof of
    12  lawful authority as an exempt person  pursuant  to  section  265.20.  In
    13  addition,  before  delivering a firearm to a peace officer, the licensee
    14  shall verify that person's status as a peace officer with  the  division
    15  of  state  police.  After  completing  the foregoing, the licensee shall
    16  remove and retain the attached coupon and enter in the record  book  the
    17  date of such license, number, if any, and name of the licensing officer,
    18  in the case of the holder of a license to carry [or] and possess, or the
    19  shield or other number, if any, assignment and department, unit or agen-
    20  cy,  in  the  case  of an exempt person. The original transaction report
    21  shall be forwarded to the division of state police within  ten  days  of
    22  delivering  a  firearm to any person, and a duplicate copy shall be kept
    23  by the licensee. The superintendent of state police may  designate  that
    24  such  record  shall  be  completed and transmitted in electronic form. A
    25  dealer may be granted a waiver from transmitting such records  in  elec-
    26  tronic form if the superintendent determines that such dealer is incapa-
    27  ble  of  such transmission due to technological limitations that are not
    28  reasonably within the  control  of  the  dealer,  or  other  exceptional
    29  circumstances  demonstrated  by the dealer, pursuant to a process estab-
    30  lished in regulation, and  at  the  discretion  of  the  superintendent.
    31  Records assembled or collected for purposes of inclusion in the database
    32  created  pursuant to section 400.02 of this article shall not be subject
    33  to disclosure pursuant to article six of the public  officers  law.  The
    34  record  book shall be maintained on the premises mentioned and described
    35  in the license and shall be open at all reasonable hours for  inspection
    36  by  any  peace officer, acting pursuant to his special duties, or police
    37  officer. In the event of cancellation or revocation of the  license  for
    38  gunsmith  or  dealer  in  firearms,  or  discontinuance of business by a
    39  licensee, such record book  shall  be  immediately  surrendered  to  the
    40  licensing officer in the city of New York, and in the counties of Nassau
    41  and  Suffolk,  and  elsewhere  in the state to the executive department,
    42  division of state police.
    43    § 8. Subdivision 14 of section 400.00 of the penal law, as amended  by
    44  chapter 195 of the laws of 2005, is amended to read as follows:
    45    14. Fees. In the city of New York and the county of Nassau, the annual
    46  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
    47  for dealers in firearms. In such city, the city council and in the coun-
    48  ty  of  Nassau  the Board of Supervisors shall fix the fee to be charged
    49  for a license to carry [or] and possess a pistol or revolver and provide
    50  for the disposition of such fees. Elsewhere in the state, the  licensing
    51  officer  shall  collect  and  pay into the county treasury the following
    52  fees: for each license to carry [or] and possess a pistol  or  revolver,
    53  not  less  than three dollars nor more than ten dollars as may be deter-
    54  mined by the legislative body of the county; for each amendment thereto,
    55  three dollars, and five dollars in the county of Suffolk; and  for  each
    56  license issued to a gunsmith or dealer in firearms, ten dollars. The fee
        A. 1701                             6
     1  for  a duplicate license shall be five dollars. The fee for processing a
     2  license transfer between counties shall be five  dollars.  The  fee  for
     3  processing  a  license or renewal thereof for a qualified retired police
     4  officer  as defined under subdivision thirty-four of section 1.20 of the
     5  criminal procedure law, or a qualified retired sheriff, undersheriff, or
     6  deputy sheriff of the city of New York as defined under subdivision  two
     7  of  section  2.10  of the criminal procedure law, or a qualified retired
     8  bridge and tunnel officer, sergeant  or  lieutenant  of  the  triborough
     9  bridge  and  tunnel  authority  as  defined  under subdivision twenty of
    10  section 2.10 of the criminal  procedure  law,  or  a  qualified  retired
    11  uniformed  court  officer  in  the  unified court system, or a qualified
    12  retired court clerk in the unified court system in the first and  second
    13  judicial  departments,  as  defined in paragraphs a and b of subdivision
    14  twenty-one of section 2.10 of the criminal procedure law  or  a  retired
    15  correction officer as defined in subdivision twenty-five of section 2.10
    16  of the criminal procedure law shall be waived in all counties throughout
    17  the state.
    18    §  9.  This  act  shall take effect immediately and shall apply to all
    19  licenses held and issued on and after such date.