Senate Bill S1598

2009-2010 Legislative Session

Requires the renewal of firearms licenses after five years and the taking of a safety course outside the city of New York

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2010	print number 1598b
Mar 26, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Apr 20, 2009	print number 1598a
Apr 20, 2009	amend and recommit to codes
Feb 03, 2009	referred to codes

Bill Amendments

Original

B (Active)

2009-S1598 - Details

Current Committee:: Senate Codes
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S725
2013-2014: S50

2009-S1598 - Summary

Requires the renewal of firearms' licenses after five years and the taking of a safety course outside the city of New York; sets a date for expiration and provides for a schedule for recertification to be developed by the commissioner of criminal justice services.

2009-S1598 - Sponsor Memo

                                 BILL NUMBER:  S1598

 TITLE OF BILL :
An act to amend the penal law, in relation to providing for the
expiration and renewal of certain firearms licenses outside the city
of New York


 PURPOSE :
Requires the renewal of firearm licenses after five years as well as
safety course certificates outside the city of New York.

 SUMMARY OF PROVISIONS :
Section one: Amends subsection 1 of section 400.00 of the penal law by
expanding provisions for licensing eligibility to include any county
outside of the city of New York.

Section two: Amends subdivision 4-b of section 400.00 of the penal law
by requiring a State firearms safety course certificate in any county
outside the city of New York.

Section three: Amends subdivision 10 of section 400.00 of the penal
law by extending license expiration, certification and renewal
regulations to any county outside the city of New York in accordance
with a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal justice services with every

such license to be recertified every five years.

Section four: Defines the date by which this act shall take effect.

 JUSTIFICATION :
New York State requires firearms licenses in all counties. There is an
extensive investigative process when someone applies for such a
license. Only in the counties of New York City, Nassau, Suffolk and
Westchester does the firearms license have to be renewed periodically.
In addition, at present, a person is required to have a firearms
safety course certificate prior to the issuance of a gun license only
in some counties.

Requiring safety training prior to issuing a license for a firearm is
an obvious public health and safety issue. Firearms are clearly a
lethal product and the owner of a firearm must know how to operate it
and store it properly to prevent needless death and injury.  The state
requires a person who is going to operate a car to prove that he or
she knows how and issues a license. Similarly, the state needs some
assurance that an individual knows how to safely use his or her
firearm.

License renewal is an important way to ensure that records are updated
and that firearms do not fall into the wrong hands. Although it is
illegal to possess a firearm if one is convicted of a felony, a
domestic violence misdemeanor or subject to an order of protection,
currently, license revocation is not automatic when a person commits
such an offense. License renewal ensures that information is checked
and that any change of address or circumstances, including
debilitating injuries, mental illness or death is detected. When a
person with a licensed firearm dies, the family is often unaware that
the firearm must be turned in or a new owner licensed. License renewal
will help to account for all licensed firearms.

It is estimated that at least 35% of firearms used in the commission
of a crime can be traced back to New York State. Therefore, it is
important to ensure that our state licensing system is thorough and
that firearms are accounted for and kept out of the wrong hands.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately, and in counties outside the city of New York, except
Westchester, shall apply for licenses issued on or after such date.

2009-S1598 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S1598A - Details

Current Committee:: Senate Codes
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S725
2013-2014: S50

2009-S1598A - Summary

2009-S1598A - Sponsor Memo

                                 BILL NUMBER:  S1598A

 TITLE OF BILL :

An act to amend the penal law, in relation to providing for the
expiration and renewal of certain firearms licenses outside the city
of New York


 PURPOSE :

Extends statewide, with the exception of the city of New York, the
requirement that a license to carry of possess a firearm be renewed
every 5 years.

 SUMMARY OF PROVISIONS :

Section one: Amends subdivision 10 of section 400.00 of the penal law
to extend statewide, with the exception of the city of New York, the
requirement that a license to carry of possess a firearm be renewed
every 5 years. This section would also require DCJS to promulgate
regulations establishing a renewal schedule for current license
holders.

Section two: The bill takes effect immediately.

 JUSTIFICATION :

New York state requires individuals to obtain a license in order to
lawfully carry or possess a firearm. Prior to the issuance of such
license, an investigation must be conducted by law enforcement
officers to verify that all statements in the applicant's license
application are true. Typically, the investigating officer interviews
the references named in the application.  In addition, records of the
department of mental hygiene must be made available for inspection by
such officer and fingerprints must be taken from the applicant in
order to conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester
and the city of New York, once a license to carry or possess a firearm
has been issued, the license is permanent unless otherwise revoked or
suspended.  There is no opportunity for the licensing officer to
determine whether the conditions that existed at the time of the
issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

1.  RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION THAT THE
LICENSE IS STILL QUALIFIED TO HAVE A FIREARM :
Without a renewal system, certain criminal convictions obtained after
the issuance of a firearm and/or development of mental illness by the
licensee - changes in conditions that could result in a license
revocation or denial of a license renewal - may go undetected.

2.  RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING
INFORMATION :
Such information includes the licensee's current name and address, and
the make, caliber and serial number of all firearms possessed.
without a renewal system, licensees who move out-of-state - a change
in conditions that could result in license revocation or denial of a
license renewal - may go undetected.

3.  REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE FOR LICENSEES TO
COMPLY WITH THE TERMS OF THEIR LICENSES :
Without a renewal system, licensees are less likely to update their
licensing information.
4.  RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING
SYSTEM :
Without a renewal system, there is no opportunity for licensing
officers to determine whether licensees remain in compliance with the
terms of their licensees.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
Immediately.

2009-S1598A - Bill Text download pdf

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

                                 1598--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed 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 providing for the expira-
  tion and renewal of certain firearms licenses outside the city of  New
  York

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

  Section 1.  Subdivision 10 of section 400.00  of  the  penal  law,  as
amended  by  chapter  447  of  the  laws  of 1997, is amended to read as
follows:
  10. License: expiration[, certification] and renewal. Any license  for
gunsmith or dealer in firearms and, in the city of New York, any license
to carry or possess a pistol or revolver, issued at any time pursuant to
this  section or prior to the first day of July, nineteen hundred sixty-
three and not limited to expire on an earlier date fixed in the license,
shall expire not more than three years after the date of  issuance.  [In
the counties of Nassau, Suffolk and Westchester, any license to carry or
possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
section or prior to the first day of July, nineteen hundred  sixty-three
and not limited to expire on an earlier date fixed in the license, shall
expire  not more than five years after the date of issuance; however, in
the county of Westchester, any such license shall be certified prior  to
the  first  day of April, two thousand, in accordance with a schedule to
be contained in regulations promulgated by the commissioner of the divi-
sion of criminal justice services,  and  every  such  license  shall  be
recertified  every  five  years thereafter. For purposes of this section
certification shall mean that the licensee shall provide to the  licens-
ing  officer  the  following  information  only:   current name, date of
birth, current address, and the make, model, caliber and  serial  number

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01609-09-9

S. 1598--A                          2

of  all  firearms  currently  possessed.  Such certification information
shall be filed by the licensing officer in the same manner as an  amend-
ment. Elsewhere than in the city of New York and the counties of Nassau,
Suffolk  and  Westchester,  any  license to carry or possess a pistol or
revolver, issued at any time pursuant to this section or  prior  to  the
first  day  of  July,  nineteen  hundred  sixty-three and not previously
revoked or cancelled, shall be in force  and  effect  until  revoked  as
herein  provided.] ELSEWHERE THAN IN THE CITY OF NEW YORK ANY LICENSE TO
CARRY OR POSSESS A PISTOL OR REVOLVER, ISSUED AT ANY  TIME  PURSUANT  TO
THIS  SECTION OR PRIOR TO THE FIRST DAY OF JULY, NINETEEN HUNDRED SIXTY-
THREE AND NOT LIMITED TO EXPIRE ON AN EARLIER DATE FIXED IN THE LICENSE,
SHALL EXPIRE NOT MORE THAN FIVE YEARS AFTER THE DATE OF ISSUANCE.  ELSE-
WHERE  THAN  IN  THE CITY OF NEW YORK, NASSAU COUNTY AND SUFFOLK COUNTY,
ALL PISTOL AND REVOLVER LICENSES SHALL EXPIRE IN ACCORDANCE WITH A SCHE-
DULE TO BE CONTAINED IN REGULATIONS PROMULGATED BY THE  COMMISSIONER  OF
THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES. Any license not previously
cancelled or revoked shall remain in full force and  effect  for  thirty
days  beyond the stated expiration date on such license. Any application
to renew a license that has not  previously  expired,  been  revoked  or
cancelled shall thereby extend the term of the license until disposition
of  the  application  by the licensing officer. In the case of a license
for gunsmith or dealer in firearms, in counties having a  population  of
less than two hundred thousand inhabitants, photographs and fingerprints
shall  be submitted on original applications and upon renewal thereafter
only at six year intervals. Upon satisfactory  proof  that  a  currently
valid  original  license  has  been despoiled, lost or otherwise removed
from the possession of the licensee and upon application  containing  an
additional photograph of the licensee, the licensing officer shall issue
a duplicate license.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2009-S1598B (ACTIVE) - Details

Current Committee:: Senate Codes
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S725
2013-2014: S50

2009-S1598B (ACTIVE) - Summary

2009-S1598B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1598B

 TITLE OF BILL :

An act to amend the penal law, in relation to providing for the
expiration and renewal of certain firearms licenses outside the city
of New York


 PURPOSE :

Extends statewide, with the exception of the city of New York, the
requirement that a license to carry of possess a firearm be renewed
every 5 years.

 SUMMARY OF PROVISIONS :

Section one: Amends subdivision 10 of section 400.00 of the penal law
to extend license expiration and renewal regulations for pistols or
revolvers to counties outside the city of New York, Nassau and Suffolk
and deletes certification and recertification provisions for
Westchester county. For counties outside of New York City a license to
carry or possess a pistol or revolver expires within five years of its
issuance. For all other counties, outside of New York City, Nassau,
and Suffolk counties, the expiration date of the pistol or revolver
license is determined by a schedule promulgated by the commissioner of

the division of criminal justice services.

Section two: The bill takes effect immediately.

 JUSTIFICATION :

New York state requires individuals to obtain a license in order to
lawfully carry or possess a firearm. Prior to the issuance of such
license, an investigation must be conducted by law enforcement
officers to verify that all statements in the applicant's license
application are true. Typically, the investigating officer interviews
the references named in the application.  In addition, records of the
department of mental hygiene must be made available for inspection by
such officer and fingerprints must be taken from the applicant in
order to conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester
and the city of New York, once a license to carry or possess a firearm
has been issued, the license is permanent unless otherwise revoked or
suspended. There is no opportunity for the licensing officer to
determine whether the conditions that existed at the time of the
issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

 RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION THAT THE
LICENSE IS STILL QUALIFIED TO HAVE A FIREARM :
Without a renewal system, certain criminal convictions obtained after
the issuance of a firearm and/or development of mental illness by the
licensee - changes in conditions that could result in a license
revocation or denial of a license renewal - may go undetected.

 RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING
INFORMATION :
Such information includes the licensee's current name and address, and
the make, caliber and serial number of all firearms possessed.
without a renewal system. licensees who move out-of-state - a change
in conditions that could result in license revocation or denial of a
license renewal - may go undetected.

 REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE FOR LICENSEES TO
COMPLY WITH THE TERMS OF THEIR LICENSES :
Without a renewal system, licensees are less likely to update their
licensing information.

 RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING SYSTEM :
Without a renewal system, there is no opportunity for licensing
officers to determine whether licensees remain in compliance with the
terms of their licensees.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
Immediately.

2009-S1598B (ACTIVE) - Bill Text download pdf

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

                                 1598--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sens. SCHNEIDERMAN, ADAMS, BRESLIN, DIAZ, HASSELL-THOMP-
  SON, MONTGOMERY,  OPPENHEIMER,  PERKINS,  SAVINO,  SERRANO,  SQUADRON,
  STEWART-COUSINS -- read twice and ordered printed, and when printed to
  be  committed  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee -- recommitted to the Committee on Codes in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to providing for the  expira-
  tion  and renewal of certain firearms licenses outside the city of New
  York

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

  Section  1.    Subdivision  10  of section 400.00 of the penal law, as
amended by chapter 447 of the laws  of  1997,  is  amended  to  read  as
follows:
  10.  License: expiration[, certification] and renewal. Any license for
gunsmith or dealer in firearms and, in the city of New York, any license
to carry or possess a pistol or revolver, issued at any time pursuant to
this section or prior to the first day of July, nineteen hundred  sixty-
three and not limited to expire on an earlier date fixed in the license,
shall  expire  not more than three years after the date of issuance. [In
the counties of Nassau, Suffolk and Westchester, any license to carry or
possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
section  or prior to the first day of July, nineteen hundred sixty-three
and not limited to expire on an earlier date fixed in the license, shall
expire not more than five years after the date of issuance; however,  in
the  county of Westchester, any such license shall be certified prior to
the first day of April, two thousand, in accordance with a  schedule  to
be contained in regulations promulgated by the commissioner of the divi-
sion  of  criminal  justice  services,  and  every such license shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01609-11-0

S. 1598--B                          2

recertified every five years thereafter. For purposes  of  this  section
certification  shall mean that the licensee shall provide to the licens-
ing officer the following information  only:    current  name,  date  of
birth,  current  address, and the make, model, caliber and serial number
of all firearms  currently  possessed.  Such  certification  information
shall  be filed by the licensing officer in the same manner as an amend-
ment. Elsewhere than in the city of New York and the counties of Nassau,
Suffolk and Westchester, any license to carry or  possess  a  pistol  or
revolver,  issued  at  any time pursuant to this section or prior to the
first day of July,  nineteen  hundred  sixty-three  and  not  previously
revoked  or  cancelled,  shall  be  in force and effect until revoked as
herein provided.] ELSEWHERE THAN IN THE CITY OF NEW YORK ANY LICENSE  TO
CARRY  OR  POSSESS  A PISTOL OR REVOLVER, ISSUED AT ANY TIME PURSUANT TO
THIS SECTION OR PRIOR TO THE FIRST DAY OF JULY, NINETEEN HUNDRED  SIXTY-
THREE AND NOT LIMITED TO EXPIRE ON AN EARLIER DATE FIXED IN THE LICENSE,
SHALL  EXPIRE  NOT  MORE  THAN  FIVE  YEARS  AFTER THE DATE OF ISSUANCE,
PROVIDED THAT ELSEWHERE THAN IN THE CITY OF NEW YORK, NASSAU COUNTY  AND
SUFFOLK COUNTY, THE DATE OF ISSUANCE OF ANY SUCH LICENSE FOR PURPOSES OF
DETERMINING  THE EXPIRATION DATE OF SUCH LICENSE SHALL BE ESTABLISHED IN
ACCORDANCE WITH A SCHEDULE TO BE CONTAINED IN REGULATIONS PROMULGATED BY
THE COMMISSIONER OF THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES.  Any
license  not  previously cancelled or revoked shall remain in full force
and effect for thirty days beyond the stated  expiration  date  on  such
license.  Any  application  to  renew  a license that has not previously
expired, been revoked or cancelled shall thereby extend the term of  the
license  until  disposition of the application by the licensing officer.
In the case of a license for gunsmith or dealer in firearms, in counties
having a population of  less  than  two  hundred  thousand  inhabitants,
photographs and fingerprints shall be submitted on original applications
and  upon  renewal thereafter only at six year intervals. Upon satisfac-
tory proof that a currently valid original license has  been  despoiled,
lost  or  otherwise removed from the possession of the licensee and upon
application containing an additional photograph  of  the  licensee,  the
licensing officer shall issue a duplicate license.
  S 2. This act shall take effect immediately.

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Senate Bill S1598

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2009-S1598 - Details

2009-S1598 - Summary

2009-S1598 - Sponsor Memo

2009-S1598 - Bill Text download pdf

co-Sponsors

2009-S1598A - Details

2009-S1598A - Summary

2009-S1598A - Sponsor Memo

2009-S1598A - Bill Text download pdf

co-Sponsors

2009-S1598B (ACTIVE) - Details

2009-S1598B (ACTIVE) - Summary

2009-S1598B (ACTIVE) - Sponsor Memo

2009-S1598B (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S1598

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2009-S1598 - Details

2009-S1598 - Summary

2009-S1598 - Sponsor Memo

2009-S1598 - Bill Text download pdf

co-Sponsors

2009-S1598A - Details

2009-S1598A - Summary

2009-S1598A - Sponsor Memo

2009-S1598A - Bill Text download pdf

co-Sponsors

2009-S1598B (ACTIVE) - Details

2009-S1598B (ACTIVE) - Summary

2009-S1598B (ACTIVE) - Sponsor Memo

2009-S1598B (ACTIVE) - Bill Text download pdf

Comments