Bill Text: NY A10619 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires a forty hour firearm safety course for a license to carry, possess, repair or dispose of a firearm; makes certain exceptions for certain individuals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-07-06 - referred to codes [A10619 Detail]

Download: New_York-2021-A10619-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10619

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
          read once and referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to requiring a firearms safe-
          ty course for a license to carry, possess,  repair  or  dispose  of  a
          firearm

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (m) and (n) of subdivision 1 of  section  400.00
     2  of  the  penal  law,  as  amended  by chapter 1 of the laws of 2013, are
     3  amended and two new paragraphs (o) and (p) are added to read as follows:
     4    (m) who has not had a guardian appointed for him or  her  pursuant  to
     5  any provision of state law, based on a determination that as a result of
     6  marked  subnormal intelligence, mental illness, incapacity, condition or
     7  disease, he or she lacks the mental capacity to contract or  manage  his
     8  or  her  own affairs; [and] (n) concerning whom no good cause exists for
     9  the denial of the license[.]; (o) in any county other than the county of
    10  Westchester, who has successfully completed a firearms safety course and
    11  test as evidenced by a certificate of completion issued in  his  or  her
    12  name  and endorsed and affirmed under the penalties of perjury by a duly
    13  authorized instructor,  except  that:  (i)  persons  who  are  honorably
    14  discharged  from  the  United  States  army, navy, marine corps or coast
    15  guard, or of the national guard of the state of New  York,  and  produce
    16  evidence  of  official  qualification  in  firearms  during  the term of
    17  service are not required to have completed those  hours  of  a  firearms
    18  safety  course pertaining to the safe use, carrying, possession, mainte-
    19  nance and storage of a firearm; and (ii) persons who  were  licensed  to
    20  possess  a  pistol or revolver prior to the effective date of this para-
    21  graph are not required to have completed a firearms  safety  course  and
    22  test;  and  (p)  when such applicant is applying for a license to carry,
    23  who has successfully completed a concealed carry course and written test
    24  in addition to the firearms safety course and has completed forty  hours
    25  of  training on the firing range and passed a firearm qualification test
    26  as evidenced by a certificate of completion issued in his  or  her  name
    27  and  endorsed  and  affirmed  under  the  penalties of perjury by a duly

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16047-01-2
        A. 10619                            2

     1  authorized instructor,  except  that:  (i)  persons  who  are  honorably
     2  discharged  from  the  United  States  army, navy, marine corps or coast
     3  guard, or of the national guard of the state of New  York,  and  produce
     4  evidence  of  official  qualification  in  firearms  during  the term of
     5  service are not required to have completed those  hours  of  a  firearms
     6  safety  course pertaining to the safe use, carrying, possession, mainte-
     7  nance and storage of a firearm; and (ii) persons who  were  licensed  to
     8  carry a pistol or revolver prior to the effective date of this paragraph
     9  are  not required to have completed a concealed carry course and written
    10  test and are not required to have completed forty hours of  training  on
    11  the firing range and pass a firearm qualification test.
    12    §  2.  Section  400.00  of  the penal law is amended by adding two new
    13  subdivisions 4-c and 4-d to read as follows:
    14    4-c. Firearms safety course certificate. In any county other than  the
    15  county  of  Westchester,  before  such license is issued, such licensing
    16  officer shall  require  that  the  applicant  submit  a  certificate  of
    17  successful completion of a firearms safety course and test issued in his
    18  or  her name and endorsed and affirmed under the penalties of perjury by
    19  a duly authorized instructor.
    20    4-d. Concealed carry course certificate. Before a license to carry  is
    21  issued, such licensing officer shall require that the applicant submit a
    22  certificate  of  successful  completion  of a concealed carry course and
    23  written test and has completed forty hours of  training  on  the  firing
    24  range and passed a weapons qualification test, issued in his or her name
    25  and  endorsed  and  affirmed  under  the  penalties of perjury by a duly
    26  authorized instructor. Such certificate shall  be  in  addition  to  the
    27  firearms  safety  course  certificate  required pursuant to subdivisions
    28  four-b and four-c of this section.
    29    § 3. This act shall take effect on the ninetieth day  after  it  shall
    30  have become a law.