S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8262
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by M. of A. MEEKS -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to requiring  individuals  to
   complete  a five-hour firearm, rifle, and shotgun safety course before
   purchasing a firearm, rifle, shotgun, or ammunition therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 400.04 to
 read as follows:
 § 400.04 FIREARM, RIFLE, AND SHOTGUN SAFETY COURSE.
   1. THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A FIVE-
 HOUR FIREARM, RIFLE, AND SHOTGUN SAFETY COURSE DESIGNED TO EDUCATE INDI-
 VIDUALS ON THE SAFE  AND  LEGAL  STORAGE,  USE,  AND  TRANSPORTATION  OF
 FIREARMS, RIFLES, AND SHOTGUNS IN NEW YORK STATE.
   2. THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A PROC-
 ESS  WHEREBY  A DEALER IN FIREARMS, GUNSMITH, OPERATOR OR EMPLOYEE OF AN
 INDOOR OR OUTDOOR SHOOTING RANGE THAT IS AUTHORIZED BY LAW TO OPERATE AS
 SUCH, GUN SHOW OPERATOR, FIREARM EXHIBITOR, OR A LAW ENFORCEMENT  AGENCY
 OR EMPLOYEE THEREOF MAY APPLY TO BE AN AUTHORIZED SAFETY COURSE INSTRUC-
 TOR.
   3. AN AUTHORIZED SAFETY COURSE INSTRUCTOR SHALL ISSUE A CERTIFICATE OF
 COMPLETION TO EACH INDIVIDUAL WHO COMPLETES A SAFETY COURSE ADMINISTERED
 BY  SUCH  AUTHORIZED  SAFETY  COURSE INSTRUCTOR WITHIN A REASONABLE TIME
 FOLLOWING THE COMPLETION OF SUCH SAFETY COURSE.    SUCH  CERTIFICATE  OF
 COMPLETION  SHALL  CONTAIN  THE NAME, DATE OF BIRTH, AND ADDRESS, OF THE
 INDIVIDUAL TO WHOM SUCH CERTIFICATE OF COMPLETION IS ISSUED. THE AUTHOR-
 IZED SAFETY COURSE INSTRUCTOR ISSUING A CERTIFICATE OF COMPLETION TO  AN
 INDIVIDUAL  SHALL  AFFIRM UPON SUCH CERTIFICATE OF COMPLETION, UNDER THE
 PENALTIES OF PERJURY, THAT THE INDIVIDUAL TO WHOM  SUCH  CERTIFICATE  OF
 COMPLETION  IS ISSUED HAS COMPLETED A SAFETY COURSE ADMINISTERED BY SUCH
 AUTHORIZED SAFETY COURSE INSTRUCTOR, IN ITS ENTIRETY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11904-02-1

 A. 8262                             2
 
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO DEALER IN  FIREARMS,
 FIREARM  EXHIBITOR,  OR ANY OTHER PERSON, FIRM, PARTNERSHIP, CORPORATION
 OR COMPANY OTHERWISE AUTHORIZED TO SELL FIREARMS, RIFLES,  AND/OR  SHOT-
 GUNS  IN  NEW  YORK STATE SHALL SELL A FIREARM, RIFLE, OR SHOTGUN TO ANY
 INDIVIDUAL  UNLESS SUCH INDIVIDUAL PROVIDES SUCH SELLER A CERTIFICATE OF
 COMPLETION ISSUED IN HIS OR HER NAME AND  ENDORSED  AND  AFFIRMED  UNDER
 PENALTIES OF PERJURY BY AN AUTHORIZED SAFETY COURSE INSTRUCTOR.
   5.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "SAFETY COURSE" MEANS  THE  FIREARM,  RIFLE,  AND  SHOTGUN  SAFETY
 COURSE DEVELOPED BY THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION.
   (B) "AUTHORIZED SAFETY COURSE INSTRUCTOR" MEANS AN INDIVIDUAL OR ENTI-
 TY AUTHORIZED BY THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES TO ADMIN-
 ISTER THE SAFETY COURSE AND ISSUE CERTIFICATES OF COMPLETION.
   (C)  "CERTIFICATE OF COMPLETION" MEANS A CERTIFICATE VERIFYING THAT AN
 INDIVIDUAL HAS COMPLETED A  SAFETY  COURSE  WITH  AN  AUTHORIZED  SAFETY
 COURSE INSTRUCTOR.
   (D)  "LAW  ENFORCEMENT  AGENCY"  MEANS ANY AGENCY OR DEPARTMENT OF ANY
 MUNICIPALITY, ANY POLICE DISTRICT, OR ANY  AGENCY,  DEPARTMENT,  COMMIS-
 SION,  AUTHORITY  OR PUBLIC BENEFIT CORPORATION OF THE STATE OF NEW YORK
 EMPLOYING A POLICE OFFICER OR POLICE OFFICERS AS THAT TERM IS DEFINED IN
 PARAGRAPHS (A), (B), (C), (D), (E), (F), (J), (K), (L), (O),  (P),  (S),
 AND  (U)  OF  SUBDIVISION  THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL
 PROCEDURE LAW.
   (E) "GUN SHOW OPERATOR" SHALL HAVE THE  SAME  MEANING  AS  DEFINED  BY
 SECTION EIGHT HUNDRED NINETY-FIVE OF THE GENERAL BUSINESS LAW.
   (F)  "FIREARM  EXHIBITOR"  SHALL  HAVE  THE SAME MEANING AS DEFINED BY
 SECTION EIGHT HUNDRED NINETY-FIVE OF THE GENERAL BUSINESS LAW.
   § 2. Subdivision 3 of section 400.03 of the penal  law,  as  added  by
 chapter 1 of the laws of 2013, is amended to read as follows:
   3.  [No  later  than thirty days after the superintendent of the state
 police certifies that the statewide license and record  database  estab-
 lished pursuant to section 400.02 of this article is operational for the
 purposes  of  this section, a] A dealer in firearms licensed pursuant to
 section 400.00 of this article, OR a seller of ammunition as defined  in
 subdivision  twenty-four  of  section  265.00  of this chapter shall not
 transfer any ammunition to any other person  who  is  not  a  dealer  in
 firearms  as  defined  in  subdivision  nine of such section 265.00 or a
 seller of ammunition as defined in subdivision  twenty-four  of  section
 265.00 of this chapter, unless:
   (a)  before  the  completion  of  the transfer, the licensee or seller
 contacts the statewide license and  record  database  and  provides  the
 database  with information sufficient to identify such dealer or seller,
 transferee based on information on the transferee's identification docu-
 ment as defined in paragraph (c) of this subdivision,  as  well  as  the
 amount,  calibre, manufacturer's name and serial number, if any, of such
 ammunition;
   (b) the system provides the licensee or seller with a unique identifi-
 cation number; [and]
   (c) the transferor has verified the  identity  of  the  transferee  by
 examining a valid state identification document of the transferee issued
 by  the department of motor vehicles or if the transferee is not a resi-
 dent of the state of New York, a valid identification document issued by
 the transferee's state or country of residence containing  a  photograph
 of the transferee; AND

 A. 8262                             3
 
   (D) IF THE TRANSFEREE IS NOT A DEALER IN FIREARMS OR A SELLER OF AMMU-
 NITION AS SUCH TERMS ARE DEFINED BY SECTION 265.00 OF THIS CHAPTER, SUCH
 TRANSFEREE PROVIDES THE TRANSFEROR A CERTIFICATE OF COMPLETION ISSUED IN
 HIS  OR HER NAME AND ENDORSED AND AFFIRMED UNDER PENALTIES OF PERJURY BY
 AN  AUTHORIZED  SAFETY  COURSE  INSTRUCTOR PURSUANT TO SECTION 400.04 OF
 THIS ARTICLE.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  to  be  made  and  completed by the commissioner of criminal
 justice services on or before such effective date.