NY State Senate Bill 2009-S3478

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 19, 2009	referred to codes

co-Sponsors

2009-S3478 (ACTIVE) - Details

See Assembly Version of this Bill:: A6187
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1863, A3268
2013-2014: A3214

2009-S3478 (ACTIVE) - Summary

Establishes a license for a pistol or revolver shall be issued to have and carry concealed, without regard to employment or place of employment and without judicial discretion on whether proper cause exists for the issuance thereof; requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).

2009-S3478 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3478

 TITLE OF BILL :
An act to amend the penal law, in relation to licenses to carry,
possess, repair and dispose of firearms


 PURPOSE OF THE BILL :
This legislation would remove a gun licensing officer's ability to
deny or restrict the issuance of licenses to law abiding citizens who
have successfully undergone the state's strict application process and
appropriate New York State and Federal Bureau of Investigations
fingerprint background check required under law. In addition, this
bill will conform New York State law to current ATF requirements
regarding background checks for firearms transfers.

 SUMMARY OF SPECIFIC PROVISIONS :
§ 1- Amends paragraph (f) of subdivision 2 and subdivision 4 of §
400.00 of the Penal Law.

§ 2- Effective date.

 JUSTIFICATION :
New York was once one of only a handful of states that issued permits
to carry a concealed handgun. However, in recent years, the vast
majority of states have adopted "shall issue" laws, automatically

granting a license to carry a concealed handgun to any citizen who
applies for one, unless good cause exists for denying a particular
individual such license. New York is now one of only eight states that
issues handgun permits, but requires law-abiding citizens to prove a
need to carry a handgun, thus allowing licensing officers to deny or
restrict licenses to law abiding New Yorkers.

Currently, a person applying for a handgun license in New York must
pick up an application in person, complete the application in
duplicate, find at least three references to give statements as to the
applicant's good character, obtain a copy of their driver's abstract,
pay a $99 fingerprinting fee, undergo both State DCJS and Federal
Bureau of Investigations fingerprint background checks, meet with a
police officer, submit to a character investigation, and allow a
search of the New York State Office of Mental Health records. In many
counties, an applicant is also required to pay for and attend a
handgun safety class, and meet with a judge, prior to the issuance of
a license. If an individual wishes to purchase a handgun, they must
receive permission to do so from their licensing officer, for each
handgun they purchase.

Although not provided for by any provision of law, many licensing
officers throughout the State limit a concealed handgun licensee to
carrying their handgun to and from target ranges, or while hunting.
Requiring licensing officers to issue a handgun permit to any citizen
for whom no good cause exists to deny such a license will also prevent
licensing officers from placing arbitrary restrictions on individuals'
licenses to carry handguns.

The simple fact is that New York's strict law applies only to law
abiding people.  Criminals who are willing to commit serious violent
crimes, such as murder, robbery, or drug dealing, are not dissuaded
from illegally purchasing a handgun in order to do so. Law abiding
people who are willing to submit to a criminal and character
background check are not likely to commit a crime, and there is no
rational basis for denying them the Constitutional right to own and
carry a handgun.

In addition, in 1998, the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) sent an Open Letter to all New York State Federal
Firearms Licensees (FFLs) advising them that New York State licenses
to carry and possess handguns would qualify as an alternative to the
National Instant Criminal Background Check System (NICS) background
check required under the Brady Law. In 2004, the ATF began reviewing
the background check requirements of all States that had permits that
qualified as alternatives to NICS and has since deemed that New York
licenses to carry and possess handguns no longer qualify as a NICS
check alternative.

This legislation will require that along with all other requirements
stipulated under law, including other state and federal background
checks, that a NICS background check also be performed on an
individual wishing to obtain a handgun license.

 PRIOR LEGISLATIVE HISTORY :
2007-2008: A.6378. Similar to the intent of A.3195/S.282 of 2005-2006

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S3478 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3478

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- 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  licenses  to  carry,
  possess, repair and dispose of firearms

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section
400.00 of the penal law, paragraph (f) of subdivision 2  as  amended  by
chapter  189 of the laws of 2000 and subdivision 4 as amended by chapter
331 of the laws of 2005, are amended to read as follows:
  (f) have and carry concealed, without regard to employment or place of
possession[, by any person when proper cause  exists  for  the  issuance
thereof]; and
  4.  Investigation.  Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such  applica-
tion is made. For that purpose, the records of the appropriate office of
the  department  of mental hygiene concerning previous or present mental
illness of the applicant shall be available for inspection by the inves-
tigating officer of the police authority.  THE POLICE AUTHORITY  IN  THE
LOCALITY  WHERE  THE  APPLICATION  IS MADE SHALL CONDUCT A SEARCH OF THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS).  In  order  to
ascertain  any previous criminal record, the investigating officer shall
take the fingerprints and physical descriptive data in quadruplicate  of
each  individual  by  whom  the  application is signed and verified. Two
copies of such fingerprints shall be taken on standard fingerprint cards
eight inches square, and one copy may be taken on a  card  supplied  for
that  purpose by the federal bureau of investigation; provided, however,
that in the case of a corporate applicant that has already been issued a
dealer in firearms license and seeks to operate a firearm dealership  at
a  second  or subsequent location, the original fingerprints on file may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08936-01-9

S. 3478                             2

be used to ascertain any criminal record in  the  second  or  subsequent
application  unless any of the corporate officers have changed since the
prior application, in which case the new corporate officer shall  comply
with  procedures governing an initial application for such license. When
completed, one standard card shall be forwarded to and retained  by  the
division  of  criminal  justice services in the executive department, at
Albany. A search of the files of such division and written  notification
of  the results of the search to the investigating officer shall be made
without unnecessary delay.  Thereafter, such division shall  notify  the
licensing  officer  and  the  executive  department,  division  of state
police, Albany, of any criminal record of the  applicant  filed  therein
subsequent  to  the  search of its files. A second standard card, or the
one supplied by the federal bureau of investigation, as the case may be,
shall be forwarded to that bureau at Washington with a request that  the
files  of  the bureau be searched and notification of the results of the
search be made to the investigating police  authority.  The  failure  or
refusal  of  the federal bureau of investigation to make the fingerprint
check provided for in this section shall not constitute the  sole  basis
for  refusal  to  issue  a  permit  pursuant  to  the provisions of this
section. Of the remaining two fingerprint cards, one shall be filed with
the executive department, division of state police, Albany,  within  ten
days  after  issuance  of the license, and the other remain on file with
the  investigating  police  authority.  No  such  fingerprints  may   be
inspected by any person other than a peace officer, who is acting pursu-
ant  to  his  special  duties, or a police officer, except on order of a
judge or justice of a court of record either upon notice to the licensee
or without notice, as the judge or justice may  deem  appropriate.  Upon
completion  of  the investigation, the police authority shall report the
results to the licensing officer without unnecessary delay.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S3478

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S3478 (ACTIVE) - Details

2009-S3478 (ACTIVE) - Summary

2009-S3478 (ACTIVE) - Sponsor Memo

2009-S3478 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3478

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Sponsored By

William T. Stachowski

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Darrel J. Aubertine

2009-S3478 (ACTIVE) - Details

2009-S3478 (ACTIVE) - Summary

2009-S3478 (ACTIVE) - Sponsor Memo

2009-S3478 (ACTIVE) - Bill Text download pdf

Comments