Senate Bill S128

                                 BILL NUMBER:  S128

 TITLE OF BILL :
An act to amend the penal law, in relation to license to carry and
possess firearms


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this legislation is to establish a rational set of
requirements for individuals to obtain a license to carry and possess
a pistol or revolver.

 SUMMARY OF SPECIFIC PROVISIONS :
This legislation restructures the eligibility requirements for an
individual to carry and possess firearms.

Section 1 of the bill amends section 400.00 of the penal law by adding
a new subdivision I-a which establishes certain qualifications to the
requirements set forth in subdivision one of this section. These
qualifications are: -- A minimum age requirement of 18 years of age to
apply for a license to carry and possess firearms. -- Completion of a
15 hour course in the safe and accurate use of a pistol or revolver,
the proper maintenance of a pistol and revolver, the laws regarding
the possession and use of a pistol or revolver and the administration
of first aid to persons injured by a pistol or revolver. -- The
satisfactory proof to the licensing officer and the signatory district
              

attorney or attorneys that there is an extraordinary likelihood that
such person may have to use a pistol or revolver to protect himself or
others from imminent danger of death.  Section 2 of the bill amends
section 400..00 of the penal law by adding a new subdivision 5-a which
states that no license for a pistol or revolver shall be granted
unless approved by a district attorney.

 JUSTIFICATION :
At present there is no state minimum age requirement for handgun
license applicants. Several counties throughout the state have adopted
individual age requirements ranging from 18 years to 21 years of age.
This legislation provides a uniform age standard throughout the state.
The course requirements parallel other state licensing procedures.
When a person applies for a driver's license, it is expected that the
applicant understand the rules and regulations pertaining to the road,
and still have practical experience in the operation of a motor
vehicle. Similarly, a person wishing to possess a pistol or revolver
should have a working knowledge of the firearm, and mandating a
state-wide fifteen hour course for pistol or revolver license
applicants would serve the purpose of acquainting the applicant with
the state's rules and regulations, and use of a pistol or revolver.
Mandating the written approval of the county district attorney, in
addition to the approval of the licensing officer, offers the general
public input in the licensing process through an elected official. The
"good cause" provision, in present statute, protects the applicant
rather than the general public. As the law reads, the licensing
officer must show "good cause" for the denial of a license, the burden
of proof being placed on the state, A license is a privilege offered
by the state and it follows that the onus be placed on the applicant,
to prove to the satisfaction of both the licensing officer and the
county district attorney that such privilege is warranted.

 PRIOR LEGISLATIVE HISTORY :
S.7474 of 2008 04/07/08 Referred to Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the 30th day after it becomes law.