Bill Text: NY A04422 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes retired police officers to apply for a firearms license that is valid throughout the state.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04422 Detail]

Download: New_York-2019-A04422-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4422
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of A. ZEBROWSKI, GALEF, BUCHWALD, WOERNER, STIRPE --
          Multi-Sponsored by -- M. of A. GIGLIO, SCHIMMINGER --  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 for retired police officers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  4-a  of  section 400.00 of the penal law, as
     2  added by chapter 233 of the laws of 1980, is amended to read as follows:
     3    4-a. Processing of license applications. (a) Applications for licenses
     4  shall be accepted for processing by the licensing officer at the time of
     5  presentment. Except upon written notice to  the  applicant  specifically
     6  stating  the  reasons  for any delay, in each case the licensing officer
     7  shall act upon any application for a license pursuant  to  this  section
     8  within  six  months of the date of presentment of such an application to
     9  the appropriate authority. Such delay may only be  for  good  cause  and
    10  with  respect  to  the  applicant.  In  acting  upon an application, the
    11  licensing officer shall either deny the application for reasons  specif-
    12  ically  and  concisely  stated  in  writing or grant the application and
    13  issue the license applied for. Application by a retired police  officer,
    14  who  submits  an  application  containing a certification or attestation
    15  from the law enforcement agency or  department  from  which  he  or  she
    16  retired  in  good  standing,  shall  be  presumptive  evidence as to the
    17  fitness and qualification  to  carry  and  possess  firearms.  Provided,
    18  however,  the application containing a certification or attestation must
    19  be filed with the licensing officer within ninety  days  of  the  police
    20  officer's date of retirement.  The licensing authority with jurisdiction
    21  in  the  county  or  city  having a population of less than one million,
    22  shall issue a license to carry and possess a pistol or revolver pursuant
    23  to this section within sixty days of a  retired  police  officer  appli-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08801-01-9

        A. 4422                             2
     1  cant's submission and such license shall authorize the licensee to carry
     2  and possess firearms in every county and city in this state.
     3    (b)  For  the purposes of this section, "retired police officer" shall
     4  mean a former police officer, as defined in subdivision  thirty-four  of
     5  section  1.20  of the criminal procedure law, who upon separation from a
     6  law enforcement agency or department was immediately entitled to receive
     7  retirement benefits under the provisions of the  retirement  and  social
     8  security law or the administrative code of the city of New York.
     9    § 2. This act shall take effect immediately.
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