senate Bill S2928

Provides that no additional restrictions may be imposed by gun licensing officer in excess of statutory requirements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / Feb / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Limits a licensing officer's discretion in imposing additional licensing restrictions on a firearm's licensee not otherwise provided in the penal law.

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Bill Details

Versions:
S2928
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S1806

Sponsor Memo

BILL NUMBER:S2928

TITLE OF BILL:
An act
to amend the penal law, in relation to the administrative provisions
relating to the issuance of firearms
licenses

PURPOSE:
To prohibit a license-issuing officer from imposing unregulated
restrictions or conditions on a firearms license or license holder.

SUMMARY OF PROVISIONS:
Amends §400.00 of the Penal Law, by adding a new subdivision 2-a that
prohibits licensing officers from imposing restrictions on licenses
other than those set forth in §400.00.

EXISTING LAW:
Present law places few limits on the restrictions that a firearms
licensing officer can impose. This bill provides a more defined set
of limits.

JUSTIFICATION:
The Penal Law provides that a resident of the State of New York may
apply for, and when accredited receive, either a license to possess a
pistol or revolver at his residence or place of business; or, a
second type of license which permits a person to possess and carry a
pistol or revolver.

Over 55 license-issuing offices in the State of New York are presently
issuing such licenses; but many of these issuing officers are
imposing unregulated restrictions, or conditions, or fees on the
license and license holder which have not been sanctioned by the New
York State Legislature. The total lack of uniformity in these
authority-usurping restrictions has created a legalistic nightmare
for the citizens of this state.

Present law should clearly state that no authority, beyond that which
the Legislature has assigned.
should be assumed and abridged. Any procedures for administering state
law should be established by the State Legislature.

Enactment of this bill will obviate the necessity for lengthy court
tests by law enforcement agencies.

LEGISLATIVE HISTORY:
2007-08: S.1347 - Referred to Codes
2009-10: S.1806 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  2928

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by Sens. JOHNSON, DeFRANCISCO, RANZENHOFER -- 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 the administrative
  provisions relating to the issuance of firearms licenses

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

  Section 1.  Section 400.00 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
  2-A.   RESTRICTIONS.  THE  LICENSING  OFFICER  SHALL  NOT  IMPOSE  ANY
RESTRICTIONS, LIMITATIONS OR REQUIREMENTS ON LICENSES OR LICENSEES OTHER
THAN THOSE RESTRICTIONS, LIMITATIONS OR REQUIREMENTS SET FORTH  IN  THIS
SECTION.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07070-01-1

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