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Assembly Bill A3076

2009-2010 Legislative Session

Establishes a safety course requirement for firearm license

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2009-A3076 - Details

Versions Introduced in Other Legislative Sessions:
2011-2012: A4405
2013-2014: A3242
2015-2016: A5788

2009-A3076 - Summary

Broadens provisions relating to eligibility for a firearms license.

2009-A3076 - Bill Text download pdf 

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

                                  3076

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A. KAVANAGH, PHEFFER, PEOPLES, BENJAMIN, JAFFEE,
  EDDINGTON,  MAYERSOHN,  CAMARA,  ROBINSON,  ESPAILLAT,   BROOK-KRASNY,
  GREENE  --  Multi-Sponsored  by  -- M.   of A. DIAZ, GANTT, GOTTFRIED,
  HOOPER, LIFTON, WEISENBERG, WRIGHT -- read once and  referred  to  the
  Committee on Codes

AN ACT to amend the penal law and the environmental conservation law, in
  relation to requiring completion of a gun safety course as a condition
  for a license to possess a pistol, revolver, rifle or shotgun

  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 2-a to read as follows:
  2-A. SAFETY COURSE REQUIREMENT. (A) ANYWHERE IN NEW YORK STATE WHERE A
LICENSE IS REQUIRED TO CARRY OR POSSESS A  PISTOL,  REVOLVER,  RIFLE  OR
SHOTGUN,  COMPLETION  OF  A  THREE  HOUR WEAPONS SAFETY TRAINING COURSE,
CERTIFIED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  AND  ADMINIS-
TERED  BY  THE  LOCAL  LICENSING OFFICER, SHALL BE A PREREQUISITE TO THE
ISSUANCE OF SUCH LICENSE. OUTSIDE THE CITY OF NEW  YORK,  NO  DEALER  IN
FIREARMS  SHALL  SELL  A  RIFLE  OR  SHOTGUN,  WITHOUT RETAINING FOR THE
RECORDS OF SUCH ESTABLISHMENT, A COPY  OF  THE  CERTIFICATE  OF  PARTIC-
IPATION IN A CERTIFIED WEAPONS SAFETY TRAINING COURSE OR A COPY OF A NEW
YORK  RESIDENT HUNTING LICENSE ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION AND CURRENTLY VALID FOR HUNTING WITH A RIFLE OR SHOTGUN, OF
ANY INDIVIDUAL PURCHASING SUCH A WEAPON. FAILURE OF A DEALER IN FIREARMS
TO RETAIN A COPY OF A CERTIFICATE OF PARTICIPATION  OR  HUNTING  LICENSE
REQUIRED TO BE RETAINED PURSUANT TO THIS SUBDIVISION, SHALL CONSTITUTE A
VIOLATION, PUNISHABLE BY A CIVIL FINE OF TWO HUNDRED DOLLARS.
  (B)  INSTRUCTORS  FOR  THE  COURSE  SHALL HAVE COMPLETED THE MUNICIPAL
POLICE TRAINING COUNCIL'S FIREARM  INSTRUCTOR  TRAINING  COURSE  AND  BE
CERTIFIED AS QUALIFIED INSTRUCTORS OF SUCH PROGRAMS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00817-01-9

2009-A3076A - Details

Versions Introduced in Other Legislative Sessions:
2011-2012: A4405
2013-2014: A3242
2015-2016: A5788

2009-A3076A - Summary

Broadens provisions relating to eligibility for a firearms license.

2009-A3076A - Bill Text download pdf 

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

                                 3076--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A. KAVANAGH, PHEFFER, PEOPLES, BENJAMIN, JAFFEE,
  EDDINGTON,  MAYERSOHN,  CAMARA,  ROBINSON,  ESPAILLAT,   BROOK-KRASNY,
  GREENE,  AUBRY  --  Multi-Sponsored by -- M. of A. DIAZ, GANTT, GLICK,
  GOTTFRIED, HOOPER, JOHN, LIFTON, McDONOUGH, MENG,  WEISENBERG,  WRIGHT
  --  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 the issuance of a  license
  to carry a firearm

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then  only  after  investi-
gation  and  finding  that  all statements in a proper application for a
license are true. No license shall be issued or renewed  except  for  an
applicant  (a) twenty-one years of age or older, provided, however, that
where such applicant has  been  honorably  discharged  from  the  United
States  army,  navy,  marine  corps,  air  force  or coast guard, or the
national guard of the state of New York, no such age  restriction  shall
apply;  (b)  of  good  moral  character;  (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who has  [stated  whether
he  or  she  has]  HAD  A  GUARDIAN  APPOINTED  FOR THEM PURSUANT TO ANY
PROVISION OF LAW, BASED ON A DETERMINATION THAT AS A  RESULT  OF  MARKED
SUBNORMAL   INTELLIGENCE,   MENTAL  ILLNESS,  INCAPACITY,  CONDITION  OR
DISEASE, HE OR SHE LACKS THE MENTAL CAPACITY TO CONTRACT OR MANAGE THEIR
OWN AFFAIRS OR ever suffered any mental illness or been confined to  any
hospital  or institution, public or private, for mental illness; (e) who
has not had a license revoked or who is not under a suspension or  inel-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00817-02-9

co-Sponsors

multi-Sponsors

2009-A3076B (ACTIVE) - Details

Versions Introduced in Other Legislative Sessions:
2011-2012: A4405
2013-2014: A3242
2015-2016: A5788

2009-A3076B (ACTIVE) - Summary

Broadens provisions relating to eligibility for a firearms license.

2009-A3076B (ACTIVE) - Bill Text download pdf 

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

                                 3076--B
                                                        Cal. No. 344

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, PHEFFER, PEOPLES-STOKES, BENJAMIN,
  JAFFEE, MAYERSOHN, CAMARA, ROBINSON, ESPAILLAT,  BROOK-KRASNY,  AUBRY,
  LAVINE  --  Multi-Sponsored  by  --  M. of A. GANTT, GLICK, GOTTFRIED,
  HOOPER, JOHN, LIFTON, McDONOUGH, MENG, WEISENBERG, WRIGHT -- read once
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported from said committee with amendments, ordered reprinted
  as amended and placed on the order of second reading

AN ACT to amend the penal law, in relation to the issuance of a  license
  to carry a firearm

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then  only  after  investi-
gation  and  finding  that  all statements in a proper application for a
license are true. No license shall be issued or renewed  except  for  an
applicant  (a) twenty-one years of age or older, provided, however, that
where such applicant has  been  honorably  discharged  from  the  United
States  army,  navy,  marine  corps,  air  force  or coast guard, or the
national guard of the state of New York, no such age  restriction  shall
apply;  (b)  of  good  moral  character;  (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who has  [stated  whether
he  or  she  has]  NOT HAD A GUARDIAN APPOINTED FOR THEM PURSUANT TO ANY
PROVISION OF LAW, BASED ON A DETERMINATION THAT AS A  RESULT  OF  MARKED
SUBNORMAL   INTELLIGENCE,   MENTAL  ILLNESS,  INCAPACITY,  CONDITION  OR
DISEASE, HE OR SHE LACKS THE MENTAL CAPACITY TO CONTRACT OR MANAGE THEIR
OWN AFFAIRS OR ever suffered any mental illness or been confined to  any
hospital  or institution, public or private, for mental illness; (e) who

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

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