Assembly Bill A10755

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10755
 
                           I N  A S S E M B L Y
 
                               July 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation to prohibiting peace officers from carrying firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2.20 of the criminal procedure law  is  amended  by
 adding a new subdivision 1-a to read as follows:
   1-A.  A  PERSON  DESIGNATED  IN  SECTION 2.10 OF THIS ARTICLE SHALL BE
 PROHIBITED FROM CARRYING OR USING A FIREARM DURING THE SCOPE OF  EMPLOY-
 MENT.  AN EXCEPTION SHALL BE MADE WHEN A PEACE OFFICER HAS POSSESSION OF
 A FIREARM FOR THE PURPOSE OF DISPOSING SUCH  FIREARM,  BUT  IN  NO  CASE
 SHALL SUCH FIREARM BE DISCHARGED AT ANY TIME.
   §  2.  Subparagraph (i) of paragraph (b) of subdivision 5 and subdivi-
 sion 6 of section 400.00 of the penal law, subparagraph (i) of paragraph
 (b) of subdivision 5 as added by chapter 1  of  the  laws  of  2013  and
 subdivision 6 as amended by chapter 104 of the laws of 2019, are amended
 to read as follows:
   (i)  the  applicant's  life  or safety may be endangered by disclosure
 because:
   (A) the applicant is an active  or  retired  police  officer,  RETIRED
 peace  officer,  probation officer, parole officer, or corrections offi-
 cer;
   (B) the applicant is a protected person under a currently valid  order
 of protection;
   (C) the applicant is or was a witness in a criminal proceeding involv-
 ing a criminal charge;
   (D)  the  applicant  is  participating or previously participated as a
 juror in a criminal proceeding, or is or was a member of a  grand  jury;
 or
   (E) the applicant is a spouse, domestic partner or household member of
 a  person  identified  in this subparagraph or subparagraph (ii) of this
 paragraph, specifying which subparagraph or  subparagraphs  and  clauses
 apply.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16672-01-0

 A. 10755                            2
 
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance.    No  license shall be transferable to any other person or prem-
 ises. A license to carry or possess a pistol or revolver, not  otherwise
 limited as to place or time of possession, shall be effective throughout
 the  state,  except  that the same shall not be valid within the city of
 New York unless a special permit granting  validity  is  issued  by  the
 police commissioner of that city. Such license to carry or possess shall
 be  valid  within the city of New York in the absence of a permit issued
 by the police commissioner of that city, provided that (a) the  firearms
 covered by such license have been purchased from a licensed dealer with-
 in  the  city  of  New  York  and are being transported out of said city
 forthwith and immediately from said dealer by the licensee in  a  locked
 container  during  a continuous and uninterrupted trip; or provided that
 (b) the firearms covered by such license are being  transported  by  the
 licensee in a locked container and the trip through the city of New York
 is  continuous  and  uninterrupted;  or  provided  that (c) the firearms
 covered by such license are  carried  by  armored  car  security  guards
 transporting  money  or  other valuables, in, to, or from motor vehicles
 commonly known as armored cars, during the course of  their  employment;
 or  provided that (d) the licensee is a retired police officer as police
 officer is defined pursuant to subdivision thirty-four of  section  1.20
 of the criminal procedure law or a retired federal law enforcement offi-
 cer,  as  defined in section 2.15 of the criminal procedure law, who has
 been issued a license by an authorized licensing officer as  defined  in
 subdivision  ten  of  section 265.00 of this chapter; provided, further,
 however, that if such license was not issued in the city of New York  it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the  license  shall  be  deemed  to  permit  only  police or federal law
 enforcement regulations weapons[; or provided that (e) the licensee is a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal procedure law and the license, if issued by other than the city  of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such  case  the exemption shall apply only to the firearm issued to such
 licensee by the department  of  taxation  and  finance].  A  license  as
 gunsmith  or  dealer  in firearms shall not be valid outside the city or
 county, as the case may be, where issued. Notwithstanding any inconsist-
 ent provision of state or local law or rule or regulation, the  premises
 limitation  set  forth  in  any  license to have and possess a pistol or
 revolver in the licensee's dwelling or place  of  business  pursuant  to
 paragraph  (a)  or  (b)  of  subdivision  two  of this section shall not
 prevent the transport of such pistol or revolver directly to or from (i)
 another dwelling or place of business of the licensee where the licensee
 is authorized to have and possess  such  pistol  or  revolver,  (ii)  an
 indoor or outdoor shooting range that is authorized by law to operate as
 such,  (iii)  a  shooting  competition at which the licensee may possess
 such pistol or revolver consistent with the provisions of subdivision  a
 of  section 265.20 of this chapter or consistent with the law applicable
 at the place of such competition, or (iv) any other location  where  the
 licensee  is  lawfully  authorized  to  have  and possess such pistol or
 revolver; provided however, that during such  transport  to  or  from  a
 location  specified  in  clauses (i) through (iv) of this paragraph, the
 pistol or revolver shall be unloaded and carried in a locked  container,
 and  the  ammunition  therefor  shall  be  carried  separately; provided
 further, however, that a license to have and possess a pistol or  revol-

 A. 10755                            3
 
 ver  in  the  licensee's dwelling or place of business pursuant to para-
 graph (a) or (b) of subdivision two of this section that is issued by  a
 licensing  officer other than the police commissioner of the city of New
 York shall not authorize transport of a pistol or revolver into the city
 of  New  York  in  the  absence of written authorization to do so by the
 police commissioner of that city. The term "locked container" shall  not
 include the glove compartment or console of a vehicle.
   § 3. This act shall take effect immediately.