Bill Text: NY S03931 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced) 2019-02-21 - REFERRED TO CODES [S03931 Detail]

Download: New_York-2019-S03931-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3931
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced  by Sens. SEWARD, AMEDORE, GALLIVAN, GRIFFO, HELMING, JORDAN,
          RANZENHOFER, TEDISCO -- 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 restrictions imposed by
          statute regarding the carrying of concealed weapons
          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, subject only to restrictions imposed by statute; and (g)  have,
    24  possess, collect and carry antique pistols which are defined as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09210-01-9

        S. 3931                             2
     1  (i)  any single shot, muzzle loading pistol with a matchlock, flintlock,
     2  percussion cap, or similar type of ignition system  manufactured  in  or
     3  before  l898,  which  is  not designed for using rimfire or conventional
     4  centerfire  fixed  ammunition;  and  (ii)  any  replica  of  any  pistol
     5  described in clause (i) hereof if such replica--
     6    (1) is not designed or redesigned for using  rimfire  or  conventional
     7  centerfire fixed ammunition, or
     8    (2)  uses rimfire or conventional centerfire fixed ammunition which is
     9  no longer manufactured in the United States and  which  is  not  readily
    10  available in the ordinary channels of commercial trade.
    11    §  2.  This  act shall take effect on the thirtieth day after it shall
    12  have become a law.
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