Bill Text: NY S00138 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to certifying instructors in small arms practice; provides that after December 31, 2026 individuals certified as an instructor in small arms practice shall seek recertification subject to the standards and curriculum promulgated by the division of criminal justice services.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-02-28 - ADVANCED TO THIRD READING [S00138 Detail]

Download: New_York-2023-S00138-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         138--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  RYAN,  KAVANAGH,  CHU,  SALAZAR -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Codes  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the penal law and the  executive  law,  in  relation  to
          certifying instructors in small arms practice

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

     1    Section 1. Subdivision 19 of section  265.00  of  the  penal  law,  as
     2  amended  by  chapter  371  of the laws of 2022, is  amended  to  read as
     3  follows:
     4    19. (a) "Duly authorized instructor" means [(a)] (i)  a  duly  commis-
     5  sioned  officer  of  the United States army, navy, marine corps or coast
     6  guard, or of the national guard of the state of New York; or [(b)]  (ii)
     7  a duly qualified adult citizen of the United States who has been granted
     8  a  certificate  as  an  instructor  in small arms practice issued by the
     9  United States army, navy or marine corps, or by the adjutant general  of
    10  this state, [or by the division of criminal justice services,] or by the
    11  national rifle association of America, a not-for-profit corporation duly
    12  organized  under  the  laws  of this state; [(c)] (iii) by a person duly
    13  qualified and designated by the department of environmental conservation
    14  as its agent in the giving of instruction  and  the  making  of  certif-
    15  ications  of  qualification  in  responsible hunting practices; or [(d)]
    16  (iv) a New York state 4-H certified shooting sports instructor.
    17    (b) Notwithstanding paragraph (a) of this subdivision, any certificate
    18  as an instructor in small arms practice issued to  individuals  pursuant
    19  to subparagraph (ii) of paragraph (a) of this subdivision shall be valid
    20  through December thirty-first, two thousand twenty-six. After such date,
    21  individuals  certified  as an instructor in small arms practice pursuant
    22  to subparagraph (ii) of paragraph (a) of  this  subdivision  shall  seek

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01873-02-3
        S. 138--A                           2

     1  recertification  subject  to the standards and curriculum promulgated by
     2  the division of criminal justice services pursuant to subdivision  twen-
     3  ty-three of section eight hundred thirty-seven of the executive law.
     4    §  2.  Subdivision 23 of section 837 of the executive law, as added by
     5  chapter 371 of the laws of 2022,  is  amended to read as follows:
     6    23. (a) In conjunction with the superintendent of [the] state  police,
     7  promulgate  policies  and  procedures  with regard to standardization of
     8  firearms safety training required under subdivision nineteen of  section
     9  400.00  of  the  penal  law,  which shall include the approval of course
    10  materials and promulgation of proficiency standards for live fire train-
    11  ing; [and]
    12    (b) In conjunction with the superintendent of state police, create  an
    13  appeals board for the purpose of hearing appeals as provided in subdivi-
    14  sion  four-a of section 400.00 of the penal law and promulgate rules and
    15  regulations governing such appeals[.]; and
    16    (c) Promulgate minimum standards and create curricula for the  certif-
    17  ication of duly authorized instructors pursuant to section 265.00 of the
    18  penal  law.  The  division  shall  promulgate  any rules and regulations
    19  necessary for the implementation of this subdivision.
    20    § 3. This act shall take effect immediately, provided,  however,  that
    21  the  amendments to subdivision 19 of section 265.00  of  the  penal  law
    22  made by section one of this act shall take effect on the same  date  and
    23  in  the  same  manner  as section 22 of chapter 371 of the laws of 2022,
    24  takes effect. Effective  immediately,  the  addition,  amendment  and/or
    25  repeal  of  any  rule  or regulation necessary for the implementation of
    26  this act on its  effective date are authorized to be made and  completed
    27  on or before such effective date.