Bill Text: NY S05914 | 2011-2012 | General Assembly | Amended

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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 5-0)

Status: (Introduced - Dead) 2012-01-20 - PRINT NUMBER 5914A [S05914 Detail]

Download: New_York-2011-S05914-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5914--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   October 19, 2011
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed  to  be  committed to the Committee on Rules -- recommitted to
         the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13545-02-2
       S. 5914--A                          2
    1  number  of all firearms currently possessed. Such certification informa-
    2  tion shall be filed by the licensing officer in the same  manner  as  an
    3  amendment.  Elsewhere  than  in the city of New York and the counties of
    4  Nassau,  Suffolk  and  Westchester,  any  license  to carry or possess a
    5  pistol or revolver, issued at any time pursuant to this section or prior
    6  to the first day of July, nineteen hundred sixty-three and not previous-
    7  ly revoked or cancelled, shall be in force and effect until  revoked  as
    8  herein  provided.  ELSEWHERE  THAN  IN THE CITY OF NEW YORK, COUNTIES OF
    9  NASSAU, SUFFOLK OR WESTCHESTER, ANY LICENSE TO CARRY OR POSSESS A PISTOL
   10  OR REVOLVER, ISSUED AT ANY TIME PURSUANT TO THIS SECTION OR PRIOR TO THE
   11  FIRST DAY OF JULY, NINETEEN  HUNDRED  SIXTY-THREE  AND  NOT  LIMITED  TO
   12  EXPIRE  ON  AN  EARLIER DATE FIXED IN THE LICENSE, SHALL EXPIRE NOT MORE
   13  THAN TWO YEARS AFTER THE DATE OF ISSUANCE. Any  license  not  previously
   14  cancelled  or  revoked  shall remain in full force and effect for thirty
   15  days beyond the stated expiration date on such license. Any  application
   16  to  renew  a  license  that  has not previously expired, been revoked or
   17  cancelled shall thereby extend the term of the license until disposition
   18  of the application by the licensing officer. In the case  of  a  license
   19  for  gunsmith  or dealer in firearms, in counties having a population of
   20  less than two hundred thousand inhabitants, photographs and fingerprints
   21  shall be submitted on original applications and upon renewal  thereafter
   22  only  at  [six]  TWO  year  intervals.  Upon  satisfactory  proof that a
   23  currently valid original license has been despoiled, lost  or  otherwise
   24  removed  from  the  possession  of  the  licensee  and  upon application
   25  containing an additional photograph of the licensee, the licensing offi-
   26  cer shall issue a duplicate license.
   27    S 2. This act shall take effect immediately.