senate Bill S6220B

Removes the provision that requires certain firearms dealers to renew their licenses every six years

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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

  • 13 / Jan / 2012
    • REFERRED TO CODES
  • 01 / Feb / 2012
    • AMEND AND RECOMMIT TO CODES
  • 01 / Feb / 2012
    • PRINT NUMBER 6220A
  • 10 / Feb / 2012
    • AMEND AND RECOMMIT TO CODES
  • 10 / Feb / 2012
    • PRINT NUMBER 6220B

Summary

Removes the provision that requires certain firearms dealers to renew their licenses every six years.

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Bill Details

See Assembly Version of this Bill:
A8999B
Versions:
S6220
S6220A
S6220B
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง400.00, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
A8999

Sponsor Memo

BILL NUMBER:S6220B

TITLE OF BILL:
An act
to amend the penal law, in relation to firearms dealers

PURPOSE:
To remove the requirement, certain gun dealers reapply for a license
every six years.

SUMMARY:
Section 1 amends Paragraph 10 of Section 400 of the penal law to
repeal the requirement gunsmith or dealers in firearms, in counties
having a population of less than two hundred thousand inhabitants,
submit photographs and fingerprints on renewal applications at six
year intervals.

Section 2 provides the enacting clause.

JUSTIFICATION:
Every six years in a county with less than two hundred thousand
inhabitants, a firearms dealer or gunsmith who has not changed title
of ownership, location, or any circumstance under which their
original application was accepted, is required to submit photographs
and fingerprints along with a new application.

This small business mandate is arbitrary, time consuming, and costly
to both the owner and the State.

This bill repeals the requirement gunsmith or dealers in firearms, in
counties having a population of less than two hundred thousand
inhabitants, submit photographs and fingerprints on renewal
applications at six year intervals.

Licensed gunsmith or dealers in firearms will continue to be held
accountable by the same standards as counties with more than two
hundred thousand inhabitants. By removing this mandate, we offer some
relief to licensed gunsmiths and firearms dealers.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
While significant cost savings will be realized by firearms dealers,
some cost savings will also be realized by the State as staff time on
renewal applications is lessened.

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
________________________________________________________________________

    S. 6220--B                                            A. 8999--B

                      S E N A T E - A S S E M B L Y

                            January 13, 2012
                               ___________

IN  SENATE  --  Introduced  by  Sens.  RITCHIE, BONACIC, LARKIN, O'MARA,
  RANZENHOFER, SEWARD -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Codes -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

IN  ASSEMBLY -- Introduced by M. of A. GUNTHER, LAVINE, CASTRO, MONTESA-
  NO, CROUCH, TOBACCO, HAWLEY, CORWIN -- Multi-Sponsored by -- M. of  A.
  BARCLAY,  BURLING, CALHOUN, MAGEE, MURRAY -- read once and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to firearms dealers

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

  Section 1. Subdivision 10 of section  400.00  of  the  penal  law,  as
amended  by  chapter  447  of  the  laws  of 1997, is amended to read as
follows:
  10. License: expiration, certification and renewal.  Any  license  for
gunsmith or dealer in firearms and, in the city of New York, any license
to carry or possess a pistol or revolver, issued at any time pursuant to
this  section or prior to the first day of July, nineteen hundred sixty-
three and not limited to expire on an earlier date fixed in the license,
shall expire not more than three years after the date  of  issuance.  In
the counties of Nassau, Suffolk and Westchester, any license to carry or
possess  a  pistol  or  revolver, AND IN COUNTIES HAVING A POPULATION OF
LESS THAN TWO HUNDRED THOUSAND INHABITANTS, ANY LICENSE FOR GUNSMITH  OR
DEALER IN FIREARMS, issued at any time pursuant to this section or prior
to  the  first day of July, nineteen hundred sixty-three and not limited
to expire on an earlier date fixed in the license, shall expire not more
than five years after the date of issuance; however, in  the  county  of
Westchester,  any such license shall be certified prior to the first day

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13576-03-2

S. 6220--B                          2                         A. 8999--B

of April, two thousand, in accordance with a schedule to be contained in
regulations promulgated by the commissioner of the division of  criminal
justice services, and every such license shall be recertified every five
years  thereafter. For purposes of this section certification shall mean
that the licensee shall provide to the licensing officer  the  following
information only:  current name, date of birth, current address, and the
make,  model,  caliber  and  serial  number  of  all  firearms currently
possessed. Such certification information shall be filed by the  licens-
ing  officer  in  the same manner as an amendment. Elsewhere than in the
city of New York and the counties of Nassau,  Suffolk  and  Westchester,
any  license  to  carry or possess a pistol or revolver, AND IN COUNTIES
HAVING A POPULATION OF LESS THAN TWO HUNDRED THOUSAND  INHABITANTS,  ANY
LICENSE  FOR GUNSMITH OR DEALER IN FIREARMS, issued at any time pursuant
to this section or prior to the first  day  of  July,  nineteen  hundred
sixty-three  and  not previously revoked or cancelled, shall be in force
and effect until revoked as herein provided. Any license not  previously
cancelled  or  revoked  shall remain in full force and effect for thirty
days beyond the stated expiration date on such license. Any  application
to  renew  a  license  that  has not previously expired, been revoked or
cancelled shall thereby extend the term of the license until disposition
of the application by the licensing officer. [In the case of  a  license
for  gunsmith  or dealer in firearms, in counties having a population of
less than two hundred thousand inhabitants, photographs and fingerprints
shall be submitted on original applications and upon renewal  thereafter
only  at  six  year intervals.] Upon satisfactory proof that a currently
valid original license has been despoiled,  lost  or  otherwise  removed
from  the  possession of the licensee and upon application containing an
additional photograph of the licensee, the licensing officer shall issue
a duplicate license.
  S 2. This act shall take effect immediately.

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