Bill Text: NY S08954 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that possession and use of a firearm in certain locations under the supervision, guidance and instruction of a qualified firearms instructor shall not be a crime.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2022-05-02 - REFERRED TO CODES [S08954 Detail]

Download: New_York-2021-S08954-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8954

                    IN SENATE

                                       May 2, 2022
                                       ___________

        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  qualified  firearms
          instructors

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

     1    Section 1. Subdivision 19 of section  265.00  of  the  penal  law,  as
     2  amended  by  chapter  150  of  the  laws  of 2020, is amended to read as
     3  follows:
     4    19. "Duly authorized instructor" means (a) a duly commissioned officer
     5  of the United States army, navy, marine corps or coast guard, or of  the
     6  national  guard  of the state of New York; or (b) a duly qualified adult
     7  citizen of the United States who has been granted a  certificate  as  an
     8  instructor in small arms practice issued by the United States army, navy
     9  or  marine  corps,  or  by the adjutant general of this state, or by the
    10  national rifle association of America, a not-for-profit corporation duly
    11  organized under the laws of this state; (c) by a person  duly  qualified
    12  and  designated  by  the  department of environmental conservation under
    13  paragraph c of subdivision three of section 11-0713 of the environmental
    14  conservation law as its agent in  the  giving  of  instruction  and  the
    15  making  of  certifications of qualification in responsible hunting prac-
    16  tices; [or] (d) a New York state 4-H certified shooting sports  instruc-
    17  tor; or (e) a qualified firearms instructor.
    18    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
    19  vision 33 to read as follows:
    20    33.  "Qualified  firearms  instructor" means an individual who holds a
    21  certificate as a firearms instructor from an association or organization
    22  recognized by the division of criminal justice services.
    23    § 3. Paragraph 7-b of subdivision a of section  265.20  of  the  penal
    24  law,  as  amended by chapter 511 of the laws of 2014, is amended to read
    25  as follows:
    26    7-b. Possession and use, at an indoor or outdoor pistol range  located
    27  in  or on premises owned or occupied by a duly incorporated organization
    28  organized for conservation purposes or to foster  proficiency  in  small

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15553-01-2
        S. 8954                             2

     1  arms or at a target pistol shooting competition under the auspices of or
     2  approved  by  the  national rifle association for the purpose of loading
     3  and firing the same, by a person  who  has  applied  for  a  license  to
     4  possess a pistol or revolver and pre-license possession of same pursuant
     5  to section 400.00 or 400.01 of this chapter, who has not been previously
     6  denied  a  license,  been  previously  convicted  of a felony or serious
     7  offense, and who does not appear to be, or pose a threat to be, a danger
     8  to himself or to others, and who has been approved  for  possession  and
     9  use  herein in accordance with section 400.00 or 400.01 of this chapter;
    10  provided however, that such possession shall be of a pistol or  revolver
    11  duly  licensed  to and shall be used under the supervision, guidance and
    12  instruction of, a person specified in paragraph seven of  this  subdivi-
    13  sion, or a qualified firearms instructor, and provided further that such
    14  possession  and  use be within the jurisdiction of the licensing officer
    15  with whom the person has made application therefor or within the  juris-
    16  diction  of  the superintendent of state police in the case of a retired
    17  sworn member of the division of state police who has opted  to  make  an
    18  application pursuant to section 400.01 of this chapter.
    19    § 4. This act shall take effect immediately.