senate Bill S662

Establishes additional requirements for firearm license: completion of a course in firearm safety, use, maintenance, relevant laws, and first aid

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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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Establishes additional requirements for firearm license including completion of a course in firearm safety, use, maintenance, relevant laws and first aid and upon approval by district attorney by a showing of extraordinary likelihood of need to defend oneself from imminent danger or death.

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Bill Details

Versions:
S662
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง400.00, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1676
2009-2010: S128

Sponsor Memo

BILL NUMBER:S662

TITLE OF BILL:
An act
to amend the penal law, in relation to license to carry and possess
firearms

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to establish a rational set of
requirements for individuals to obtain a license to carry and possess
a pistol or revolver.

SUMMARY OF SPECIFIC PROVISIONS:
This legislation restructures the eligibility requirements for an
individual to carry and possess firearms.

Section 1 of the bill amends section 400.00 of the penal law by adding
a new subdivision 1-a which establishes certain qualifications to the
requirements set forth in subdivision one of this section. These
qualifications are: -- A minimum age requirement of 18 years of age
to apply for a license to carry and possess firearms. -- Completion of
a 15 hour course in the safe and accurate use of a pistol or
revolver, the proper maintenance of a pistol and revolver, the laws
regarding the possession and use of a pistol or revolver and the
administration of first aid to persons injured by a pistol or
revolver. -- The satisfactory proof to the licensing officer and the
signatory district attorney or attorneys that there is an
extraordinary likelihood that such person may have to use a pistol or
revolver to protect himself or others from imminent danger of death.
Section 2 of the bill amends section 400.00 of the penal law by
adding a new subdivision 5-a which states that no license for a
pistol or revolver shall be granted unless approved by a district
attorney.

JUSTIFICATION:
At present there is no state minimum age requirement for handgun
license applicants. Several counties throughout the state have
adopted individual age requirements ranging from 18 years to 21 years
of age. This legislation provides a uniform age standard throughout
the state. The course requirements parallel other state licensing
procedures. When a person applies for a driver's license, it is
expected that the applicant understand the rules and regulations
pertaining to the road, and still have practical experience in the
operation of a motor vehicle. Similarly, a person wishing to possess
a pistol or revolver should have a working knowledge of the firearm,
and mandating a state-wide fifteen hour course for pistol or revolver
license applicants would serve the purpose of acquainting the
applicant with the state's rules and regulations, and use of a pistol
or revolver. Mandating the written approval of the county district
attorney, in addition to the approval of the licensing officer,
offers the general public input in the licensing process through an
elected official. The "good cause" provision, in present statute,
protects the applicant rather than the general public. As the law
reads, the licensing officer must show "good cause"
for the denial of a license, the burden of proof being placed on the
state, A license is a privilege offered by the state and it follows


that the onus be placed on the applicant, to prove to the
satisfaction of both the licensing officer and the county district
attorney that such privilege is warranted.

PRIOR LEGISLATIVE HISTORY:
S.7474 of 2008
04/07/08 Referred to Codes
01/07/09 REFERRED TO CODES
01/06/10 REFERRED TO CODES
S.1676 of 2011
01/11/11 REFERRED TO CODES
01/04/12 REFERRED TO CODES

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 30th day after it becomes law.

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

                                   662

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- 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  license  to  carry  and
  possess firearms

  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 1-a to read as follows:
  1-A. QUALIFICATIONS. IN ADDITION TO  THE  REQUIREMENTS  SET  FORTH  IN
SUBDIVISION  ONE  OF THIS SECTION, NO LICENSE SHALL BE ISSUED OR RENEWED
TO A PERSON WHO IS NOT IN THE BUSINESS OF GUNSMITH OR DEALER  EXCEPT  TO
AN APPLICANT:
  (A)  WHO IS EIGHTEEN YEARS OF AGE OR OLDER; (B) WHO HAS SATISFACTORILY
COMPLETED A COURSE, APPROVED BY THE  COMMISSIONER  OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES,  OF  NOT LESS THAN FIFTEEN HOURS IN (I) THE
SAFE AND ACCURATE USE OF A PISTOL OR REVOLVER; (II) THE  PROPER  MAINTE-
NANCE  OF  A PISTOL OR REVOLVER; (III) THE LAWS REGARDING POSSESSION AND
USE OF A PISTOL OR REVOLVER; AND (IV) THE ADMINISTRATION OF FIRST AID TO
PERSONS INJURED BY A PISTOL OR REVOLVER; AND (C) WHO CAN  PROVE  TO  THE
SATISFACTION  OF THE LICENSING OFFICER AND THE SIGNATORY DISTRICT ATTOR-
NEY OR ATTORNEYS THAT THERE IS AN  EXTRAORDINARY  LIKELIHOOD  THAT  SUCH
PERSON  MAY  FIND  HIMSELF OR HERSELF IN A SITUATION WHERE HE OR SHE MAY
HAVE TO USE A PISTOL OR REVOLVER TO PROTECT HIMSELF, HERSELF OR  OTHERS,
FROM IMMINENT DANGER OF DEATH.
  S 2. Section 400.00 of the penal law is amended by adding a new subdi-
vision 5-a to read as follows:
  5-A.  APPROVAL. NO LICENSE FOR A PISTOL OR REVOLVER SHALL BE ISSUED OR
RENEWED PURSUANT TO THIS SECTION BY THE LICENSING OFFICER,  EXCEPT  WITH
THE  WRITTEN  AND SIGNED APPROVAL OF THE DISTRICT ATTORNEY OF THE COUNTY
WHEREIN THE APPLICANT RESIDES  OR,  IN  THE  CASE  WHERE  THE  APPLICANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02131-01-3

S. 662                              2

INTENDS  TO USE SUCH PISTOL OR REVOLVER PRIMARILY IN A COUNTY OUTSIDE OF
THE APPLICANT'S COUNTY OF RESIDENCE, WITH THE  APPROVAL  OF  SUCH  OTHER
COUNTY'S  DISTRICT  ATTORNEY, OR IN THE CASE WHERE THE APPLICANT INTENDS
TO USE SUCH PISTOL OR REVOLVER IN SEVERAL COUNTIES OUTSIDE OF THE APPLI-
CANT'S  COUNTY  OF RESIDENCE, WITH THE APPROVAL OF THE DISTRICT ATTORNEY
OF THE COUNTY WHEREIN THE APPLICANT RESIDES PLUS AT LEAST  ONE  DISTRICT
ATTORNEY  OF  A COUNTY WHERE THE APPLICANT INTENDS TO USE SUCH PISTOL OR
REVOLVER.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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