S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5583
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08801-01-9

 S. 5583                             2
 
   (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.