Bill Text: NY S01796 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to expiration and renewal provisions of certain firearms licenses; shortens length of certification in NYC from three years to two; Westchester, Nassau and Suffolk from five to two and all other places in the state from six to two years.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S01796 Detail]

Download: New_York-2013-S01796-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1796
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. ESPAILLAT, KRUEGER, PARKER -- 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 expiration and renewal
         provisions of certain firearms licenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  10  of  section  400.00 of the penal law, as
    2  amended by chapter 447 of the laws  of  1997,  is  amended  to  read  as
    3  follows:
    4    10.  License:  expiration,  certification and renewal. Any license for
    5  gunsmith or dealer in firearms and, in the city of New York, any license
    6  to carry or possess a pistol or revolver, issued at any time pursuant to
    7  this section or prior to the first day of July, nineteen hundred  sixty-
    8  three and not limited to expire on an earlier date fixed in the license,
    9  shall expire not more than [three] TWO years after the date of issuance.
   10  In the counties of Nassau, Suffolk and Westchester, any license to carry
   11  or  possess  a  pistol  or revolver, issued at any time pursuant to this
   12  section or prior to the first day of July, nineteen hundred  sixty-three
   13  and not limited to expire on an earlier date fixed in the license, shall
   14  expire not more than [five] TWO years after the date of issuance; howev-
   15  er,  in  the  county of Westchester, any such license shall be certified
   16  prior to the first day of April, two  thousand,  in  accordance  with  a
   17  schedule  to be contained in regulations promulgated by the commissioner
   18  of the division of criminal justice services,  and  every  such  license
   19  shall  be recertified every [five] TWO years thereafter. For purposes of
   20  this section certification shall mean that the licensee shall provide to
   21  the licensing officer the following information  only:    current  name,
   22  date  of birth, current address, and the make, model, caliber and serial
   23  number of all firearms currently possessed. Such certification  informa-
   24  tion  shall  be  filed by the licensing officer in the same manner as an
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05340-01-3
       S. 1796                             2
    1  amendment. Elsewhere than in the city of New York and  the  counties  of
    2  Nassau,  Suffolk  and  Westchester,  any  license  to carry or possess a
    3  pistol or revolver, issued at any time pursuant to this section or prior
    4  to the first day of July, nineteen hundred sixty-three and not previous-
    5  ly  revoked  or cancelled, shall be in force and effect until revoked as
    6  herein provided. ELSEWHERE THAN IN THE CITY OF  NEW  YORK,  COUNTIES  OF
    7  NASSAU, SUFFOLK OR WESTCHESTER, ANY LICENSE TO CARRY OR POSSESS A PISTOL
    8  OR REVOLVER, ISSUED AT ANY TIME PURSUANT TO THIS SECTION OR PRIOR TO THE
    9  FIRST  DAY  OF  JULY,  NINETEEN  HUNDRED  SIXTY-THREE AND NOT LIMITED TO
   10  EXPIRE ON AN EARLIER DATE FIXED IN THE LICENSE, SHALL  EXPIRE  NOT  MORE
   11  THAN  TWO  YEARS  AFTER THE DATE OF ISSUANCE. Any license not previously
   12  cancelled or revoked shall remain in full force and  effect  for  thirty
   13  days  beyond the stated expiration date on such license. Any application
   14  to renew a license that has not  previously  expired,  been  revoked  or
   15  cancelled shall thereby extend the term of the license until disposition
   16  of  the  application  by the licensing officer. In the case of a license
   17  for gunsmith or dealer in firearms, in counties having a  population  of
   18  less than two hundred thousand inhabitants, photographs and fingerprints
   19  shall  be submitted on original applications and upon renewal thereafter
   20  only at [six]  TWO  year  intervals.  Upon  satisfactory  proof  that  a
   21  currently  valid  original license has been despoiled, lost or otherwise
   22  removed from  the  possession  of  the  licensee  and  upon  application
   23  containing an additional photograph of the licensee, the licensing offi-
   24  cer shall issue a duplicate license.
   25    S 2. This act shall take effect immediately.