S T A T E O F N E W Y O R K
________________________________________________________________________
4832
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to body vests
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 270.20 of the penal law, as
amended by chapter 317 of the laws of 2001, is amended to read as
follows:
1. A person is guilty of the unlawful wearing of a body vest when
acting either alone or with one or more other persons he OR SHE commits
any [violent] felony offense [defined in section 70.02 while possessing
a firearm, rifle or shotgun] and in the course of and in furtherance of
such crime he OR SHE wears a body vest.
S 2. The section heading, paragraph (a) of subdivision 3, and subdivi-
sions 6, 7, 8, 9, 10 and 14 of section 400.00 of the penal law, para-
graph (a) of subdivision 3 as designated by chapter 778 of the laws of
1985, subdivision 6 as amended by chapter 318 of the laws of 2002,
subdivision 8 as amended by chapter 189 of the laws of 2000, subdivision
9 as amended by chapter 172 of the laws of 1973, subdivision 10 as
amended by chapter 447 of the laws of 1997 and subdivision 14 as amended
by chapter 195 of the laws of 2005, are amended to read as follows:
Licenses to carry, possess, repair and dispose of firearms AND BODY
VESTS.
(a) Applications shall be made and renewed, in the case of a license
to carry or possess a pistol [or], revolver OR BODY VEST, to the licens-
ing officer in the city or county, as the case may be, where the appli-
cant resides, is principally employed or has his principal place of
business as merchant or storekeeper; and, in the case of a license as
gunsmith or dealer in firearms, to the licensing officer where such
place of business is located. Blank applications shall, except in the
city of New York, be approved as to form by the superintendent of state
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08455-01-9
A. 4832 2
police. An application shall state the full name, date of birth, resi-
dence, present occupation of each person or individual signing the same,
whether or not he is a citizen of the United States, whether or not he
complies with each requirement for eligibility specified in subdivision
one of this section and such other facts as may be required to show the
good character, competency and integrity of each person or individual
signing the application. An application shall be signed and verified by
the applicant. Each individual signing an application shall submit one
photograph of himself and a duplicate for each required copy of the
application. Such photographs shall have been taken within thirty days
prior to filing the application. In case of a license as gunsmith or
dealer in firearms, the photographs submitted shall be two inches
square, and the application shall also state the previous occupation of
each individual signing the same and the location of the place of such
business, or of the bureau, agency, subagency, office or branch office
for which the license is sought, specifying the name of the city, town
or village, indicating the street and number and otherwise giving such
apt description as to point out reasonably the location thereof. In such
case, if the applicant is a firm, partnership or corporation, its name,
date and place of formation, and principal place of business shall be
stated. For such firm or partnership, the application shall be signed
and verified by each individual composing or intending to compose the
same, and for such corporation, by each officer thereof.
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, OR BODY
VEST, 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 within 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
A. 4832 3
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.
7. License: form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form by the super-
intendent of state police. A license to carry or possess a pistol [or],
revolver OR BODY VEST shall have attached the licensee's photograph, and
a coupon which shall be removed and retained by any person disposing of
a firearm to the licensee. Such license shall specify the weapon covered
by calibre, make, model, manufacturer's name and serial number, or if
none, by any other distinguishing number or identification mark, and
shall indicate whether issued to carry on the person or possess on the
premises, and if on the premises shall also specify the place where the
licensee shall possess the same. If such license is issued to an alien,
or to a person not a citizen of and usually a resident in the state, the
licensing officer shall state in the license the particular reason for
the issuance and the names of the persons certifying to the good charac-
ter of the applicant. Any license as gunsmith or dealer in firearms
shall mention and describe the premises for which it is issued and shall
be valid only for such premises.
8. License: exhibition and display. Every licensee while carrying a
pistol or revolver shall have on his or her person a license to carry
the same. Every person licensed to possess a pistol [or], revolver OR
BODY VEST on particular premises shall have the license for the same on
such premises. Upon demand, the license shall be exhibited for
inspection to any peace officer, who is acting pursuant to his or her
special duties, or police officer. A license as gunsmith or dealer in
firearms shall be prominently displayed on the licensed premises. A
gunsmith or dealer of firearms may conduct business temporarily at a
location other than the location specified on the license if such tempo-
rary location is the location for a gun show or event sponsored by any
national, state, or local organization, or any affiliate of any such
organization devoted to the collection, competitive use or other sport-
ing use of firearms. Any sale or transfer at a gun show must also comply
with the provisions of article thirty-nine-DD of the general business
law. Records of receipt and disposition of firearms transactions
conducted at such temporary location shall include the location of the
sale or other disposition and shall be entered in the permanent records
of the gunsmith or dealer of firearms and retained on the location spec-
ified on the license. Nothing in this section shall authorize any licen-
see to conduct business from any motorized or towed vehicle. A separate
fee shall not be required of a licensee with respect to business
conducted under this subdivision. Any inspection or examination of
inventory or records under this section at such temporary location shall
be limited to inventory consisting of, or records related to, firearms
held or disposed at such temporary locations. Failure of any licensee
to so exhibit or display his or her license, as the case may be, shall
be presumptive evidence that he or she is not duly licensed.
9. License: amendment. Elsewhere than in the city of New York, a
person licensed to carry or possess a pistol [or], revolver OR BODY VEST
may apply at any time to his licensing officer for amendment of his
license to include one or more such weapons or to cancel weapons held
under license. If granted, a record of the amendment describing the
weapons involved shall be filed by the licensing officer in the execu-
A. 4832 4
tive department, division of state police, Albany. Notification of any
change of residence shall be made in writing by any licensee within ten
days after such change occurs, and a record of such change shall be
inscribed by such licensee on the reverse side of his license. Else-
where than in the city of New York, and in the counties of Nassau and
Suffolk, such notification shall be made to the executive department,
division of state police, Albany, and in the city of New York to the
police commissioner of that city, and in the county of Nassau to the
police commissioner of that county, and in the county of Suffolk to the
licensing officer of that county, who shall, within ten days after such
notification shall be received by him, give notice in writing of such
change to the executive department, division of state police, at Albany.
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 OR BODY VEST, issued at any
time pursuant to this section or prior to the first day of July, nine-
teen 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 accord-
ance with a schedule to be contained in regulations promulgated by the
commissioner of the division 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 licensing officer the following information only:
current name, date of birth, current address, and the make, model, cali-
ber and serial number of all firearms currently possessed. Such certif-
ication information shall be filed by the licensing officer in the same
manner as an amendment. 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. 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 applica-
tion 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 dupli-
cate license.
14. Fees. In the city of New York and the county of Nassau, the annual
license fee shall be twenty-five dollars for gunsmiths and fifty dollars
for dealers in firearms. In such city, the city council and in the coun-
ty of Nassau the Board of Supervisors shall fix the fee to be charged
A. 4832 5
for a license to carry or possess a pistol or revolver and provide for
the disposition of such fees. Elsewhere in the state, the licensing
officer shall collect and pay into the county treasury the following
fees: for each license to carry or possess a pistol [or], revolver OR
BODY VEST, not less than three dollars nor more than ten dollars as may
be determined by the legislative body of the county; for each amendment
thereto, three dollars, and five dollars in the county of Suffolk; and
for each license issued to a gunsmith or dealer in firearms, ten
dollars. The fee for a duplicate license shall be five dollars. The fee
for processing a license transfer between counties shall be five
dollars. The fee for processing a license or renewal thereof for a qual-
ified retired police officer as defined under subdivision thirty-four of
section 1.20 of the criminal procedure law, or a qualified retired sher-
iff, undersheriff, or deputy sheriff of the city of New York as defined
under subdivision two of section 2.10 of the criminal procedure law, or
a qualified retired bridge and tunnel officer, sergeant or lieutenant of
the triborough bridge and tunnel authority as defined under subdivision
twenty of section 2.10 of the criminal procedure law, or a qualified
retired uniformed court officer in the unified court system, or a quali-
fied retired court clerk in the unified court system in the first and
second judicial departments, as defined in paragraphs a and b of subdi-
vision twenty-one of section 2.10 of the criminal procedure law or a
retired correction officer as defined in subdivision twenty-five of
section 2.10 of the criminal procedure law shall be waived in all coun-
ties throughout the state.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.