Bill Text: NY S06598 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the transport of pistols.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-20 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06598 Detail]

Download: New_York-2019-S06598-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6598

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 17, 2019
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation to the transport  of  pistols
          or revolvers by licensees

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

     1    Section 1. Subdivision 6 of  section  400.00  of  the  penal  law,  as
     2  amended  by a chapter of the laws of 2019, amending the penal law relat-
     3  ing to the transport of pistols or revolvers by licensees,  as  proposed
     4  in  legislative  bill numbers S. 6151 and A. 7752, is amended to read as
     5  follows:
     6    6. License: validity. Any license  issued  pursuant  to  this  section
     7  shall  be valid notwithstanding the provisions of any local law or ordi-
     8  nance.  No license shall be transferable to any other  person  or  prem-
     9  ises.  A license to carry or possess a pistol or revolver, not otherwise
    10  limited as to place or time of possession, shall be effective throughout
    11  the state, except that the same shall not be valid within  the  city  of
    12  New  York  unless  a  special  permit granting validity is issued by the
    13  police commissioner of that city. Such license to carry or possess shall
    14  be valid within the city of New York in the absence of a  permit  issued
    15  by  the police commissioner of that city, provided that (a) the firearms
    16  covered by such license have been purchased from a licensed dealer with-
    17  in the city of New York and are  being  transported  out  of  said  city
    18  forthwith  and  immediately from said dealer by the licensee in a locked
    19  container during a continuous and uninterrupted trip; or  provided  that
    20  (b)  the  firearms  covered by such license are being transported by the
    21  licensee in a locked container and the trip through the city of New York
    22  is continuous and uninterrupted;  or  provided  that  (c)  the  firearms
    23  covered  by  such  license  are  carried  by armored car security guards
    24  transporting money or other valuables, in, to, or  from  motor  vehicles
    25  commonly  known  as armored cars, during the course of their employment;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11086-03-9

        S. 6598                             2

     1  or provided that (d) the licensee is a retired police officer as  police
     2  officer  is  defined pursuant to subdivision thirty-four of section 1.20
     3  of the criminal procedure law or a retired federal law enforcement offi-
     4  cer,  as  defined in section 2.15 of the criminal procedure law, who has
     5  been issued a license by an authorized licensing officer as  defined  in
     6  subdivision  ten  of  section 265.00 of this chapter; provided, further,
     7  however, that if such license was not issued in the city of New York  it
     8  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
     9  ment Officer", as the case may be, and, in the case of a retired officer
    10  the  license  shall  be  deemed  to  permit  only  police or federal law
    11  enforcement regulations weapons; or provided that (e) the licensee is  a
    12  peace officer described in subdivision four of section 2.10 of the crim-
    13  inal  procedure law and the license, if issued by other than the city of
    14  New York, is marked "New York State Tax Department Peace Officer" and in
    15  such case the exemption shall apply only to the firearm issued  to  such
    16  licensee  by  the  department  of  taxation  and  finance.  A license as
    17  gunsmith or dealer in firearms shall not be valid outside  the  city  or
    18  county, as the case may be, where issued. Notwithstanding any inconsist-
    19  ent  provision of state or local law or rule or regulation, the premises
    20  limitation set forth in any license to have  and  possess  a  pistol  or
    21  revolver  in  the  licensee's  dwelling or place of business pursuant to
    22  paragraph (a) or (b) of  subdivision  two  of  this  section  shall  not
    23  prevent the transport of such pistol or revolver directly to or from (i)
    24  another dwelling or place of business of the licensee where the licensee
    25  is  authorized  to  have  and  possess  such pistol or revolver, (ii) an
    26  indoor or outdoor shooting range that is authorized by law to operate as
    27  such, (iii) a shooting competition at which  the  licensee  may  possess
    28  such  pistol or revolver consistent with the provisions of subdivision a
    29  of section 265.20 of this chapter or consistent with the law  applicable
    30  at  the  place of such competition, or (iv) any other location where the
    31  licensee is lawfully authorized to  have  and  possess  such  pistol  or
    32  revolver;  provided  however,  that  during  such transport to or from a
    33  location specified in clauses (i) through (iv) of  this  paragraph,  the
    34  pistol  or revolver shall be unloaded and carried in a locked container,
    35  and the  ammunition  therefor  shall  be  carried  separately;  provided
    36  further,  however, that a license to have and possess a pistol or revol-
    37  ver in the licensee's dwelling or place of business  pursuant  to  para-
    38  graph  (a) or (b) of subdivision two of this section that is issued by a
    39  licensing officer other than the police commissioner of the city of  New
    40  York  shall not authorize transport of a pistol or revolver [into] to or
    41  from a destination within the city of New York in the absence of written
    42  authorization to do so by the police  commissioner  of  that  city;  and
    43  provided further that transport of a pistol or revolver through the city
    44  of  New York that is continuous and uninterrupted shall not require such
    45  written authorization. The term "locked container" shall not include the
    46  glove compartment or console of a vehicle.
    47    § 2. This act shall take effect on the  same  date  and  in  the  same
    48  manner as a chapter of the laws of 2019, amending the penal law relating
    49  to  the  transport  of pistols or revolvers by licensees, as proposed in
    50  legislative bill numbers S. 6151 and A. 7752, takes effect.
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