Bill Text: NY S04680 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires a written determination to be made, on each application for issuance or renewal of a license to carry or possess a pistol or revolver, within 180 days of receipt; requires refund of all fees submitted with such application if a determination is not made in a timely manner.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-20 - REFERRED TO CODES [S04680 Detail]

Download: New_York-2019-S04680-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4680
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 20, 2019
                                       ___________
        Introduced  by  Sen.  ORTT  --  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 requiring application  for
          a  license  to  carry or possess a pistol or revolver to be acted upon
          within 180 days of the receipt thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of subdivision 3 of section 400.00 of the
     2  penal law, as amended by chapter 1 of the laws of 2013,  is  amended  to
     3  read as follows:
     4    (a)  (i)  Applications  shall  be  made  and renewed, in the case of a
     5  license to carry or possess a pistol or revolver, to the licensing offi-
     6  cer in the city or county, as the  case  may  be,  where  the  applicant
     7  resides,  is  principally  employed or has his or her principal place of
     8  business as merchant or storekeeper; and, in the case of  a  license  as
     9  gunsmith  or  dealer  in  firearms,  to the licensing officer where such
    10  place of business is located. Blank applications shall,  except  in  the
    11  city  of New York, be approved as to form by the superintendent of state
    12  police. An application shall state the full name, date of  birth,  resi-
    13  dence, present occupation of each person or individual signing the same,
    14  whether  or  not he or she is a citizen of the United States, whether or
    15  not he or she complies with each requirement for  eligibility  specified
    16  in  subdivision  one  of  this  section  and  such other facts as may be
    17  required to show the good character, competency and  integrity  of  each
    18  person  or  individual  signing the application. An application shall be
    19  signed and verified by the applicant. Each individual signing an  appli-
    20  cation shall submit one photograph of himself or herself and a duplicate
    21  for  each  required copy of the application. Such photographs shall have
    22  been taken within thirty days prior to filing the application.  In  case
    23  of  a license as gunsmith or dealer in firearms, the photographs submit-
    24  ted shall be two inches square, and the application shall also state the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03021-01-9

        S. 4680                             2
     1  previous occupation of each individual signing the same and the location
     2  of the place of such business, or  of  the  bureau,  agency,  subagency,
     3  office  or branch office for which the license is sought, specifying the
     4  name  of the city, town or village, indicating the street and number and
     5  otherwise giving such apt description as to  point  out  reasonably  the
     6  location  thereof. In such case, if the applicant is a firm, partnership
     7  or corporation, its name, date and place  of  formation,  and  principal
     8  place  of  business  shall  be stated. For such firm or partnership, the
     9  application shall be signed and verified by each individual composing or
    10  intending to compose the same, and for such corporation, by each officer
    11  thereof.
    12    (ii) In the case of each application for the issuance or renewal of  a
    13  license  to carry or possess a pistol or revolver, the licensing officer
    14  shall provide written notice to the applicant of the approval or  denial
    15  of such application within one hundred eighty days of the receipt of the
    16  application  by the appropriate county or city. In the event such notice
    17  is not provided within one hundred eighty days, the county or city shall
    18  provide to the applicant, a refund of all fees  and  charges  associated
    19  with  the  submission  of the application, unless the failure to provide
    20  timely notice was due to a factor or factors beyond the control  of  the
    21  city or county and the licensing officer.
    22    §  2.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.
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