S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1403--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A. ZEBROWSKI, GALEF, MAYER, BUCHWALD, LUPINACCI,
   WOERNER, STIRPE, BRINDISI -- Multi-Sponsored by -- M.  of  A.  GIGLIO,
   SCHIMMINGER  --  read  once  and referred to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  penal law, in relation to licenses to carry and
   possess firearms for retired police officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4-a  of  section 400.00 of the penal law, as
 added by chapter 233 of the laws of 1980, is amended to read as follows:
   4-a. Processing of license applications. (A) Applications for licenses
 shall be accepted for processing by the licensing officer at the time of
 presentment. Except upon written notice to  the  applicant  specifically
 stating  the  reasons  for any delay, in each case the licensing officer
 shall act upon any application for a license pursuant  to  this  section
 within  six  months of the date of presentment of such an application to
 the appropriate authority. Such delay may only be  for  good  cause  and
 with  respect  to  the  applicant.  In  acting  upon an application, the
 licensing officer shall either deny the application for reasons  specif-
 ically  and  concisely  stated  in  writing or grant the application and
 issue the license applied for. APPLICATION BY A RETIRED POLICE  OFFICER,
 WHO  SUBMITS  AN  APPLICATION  CONTAINING A CERTIFICATION OR ATTESTATION
 FROM THE LAW ENFORCEMENT AGENCY OR  DEPARTMENT  FROM  WHICH  HE  OR  SHE
 RETIRED  IN  GOOD  STANDING,  SHALL  BE  PRESUMPTIVE  EVIDENCE AS TO THE
 FITNESS AND QUALIFICATION  TO  CARRY  AND  POSSESS  FIREARMS.  PROVIDED,
 HOWEVER,  THE APPLICATION CONTAINING A CERTIFICATION OR ATTESTATION MUST
 BE FILED WITH THE LICENSING OFFICER WITHIN NINETY  DAYS  OF  THE  POLICE
 OFFICER'S DATE OF RETIREMENT.  THE LICENSING AUTHORITY WITH JURISDICTION
 IN  THE  COUNTY  OR  CITY  HAVING A POPULATION OF LESS THAN ONE MILLION,
 SHALL ISSUE A LICENSE TO CARRY AND POSSESS A PISTOL OR REVOLVER PURSUANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00841-03-7

 A. 1403--A                          2
 
 TO THIS SECTION WITHIN SIXTY DAYS OF A  RETIRED  POLICE  OFFICER  APPLI-
 CANT'S SUBMISSION AND SUCH LICENSE SHALL AUTHORIZE THE LICENSEE TO CARRY
 AND POSSESS FIREARMS IN EVERY COUNTY AND CITY IN THIS STATE.
   (B)  FOR  THE PURPOSES OF THIS SECTION, "RETIRED POLICE OFFICER" SHALL
 MEAN A FORMER POLICE OFFICER, AS DEFINED IN SUBDIVISION  THIRTY-FOUR  OF
 SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW, WHO UPON SEPARATION FROM A
 LAW ENFORCEMENT AGENCY OR DEPARTMENT WAS IMMEDIATELY ENTITLED TO RECEIVE
 RETIREMENT BENEFITS UNDER THE PROVISIONS OF THE  RETIREMENT  AND  SOCIAL
 SECURITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   § 2. This act shall take effect immediately.