S T A T E O F N E W Y O R K
________________________________________________________________________
801
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PAULIN, COOK -- Multi-Sponsored by -- M. of A.
ALFANO, BARRA, BRADLEY, BRENNAN, CYMBROWITZ, HOOPER, JOHN, PERRY,
PHEFFER, WEINSTEIN -- read once and referred to the Committee on Codes
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 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 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-
igibility order issued pursuant to the provisions of section 530.14 of
the criminal procedure law or section eight hundred forty-two-a of the
family court act; (f) in [the] ANY county [of Westchester] OUTSIDE THE
CITY OF NEW YORK, who has successfully completed a firearms safety
course and test as evidenced by a certificate of completion issued in
his or her name and endorsed and affirmed under the penalties of perjury
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01609-01-9
A. 801 2
by a duly authorized instructor, except that: (i) persons who are honor-
ably discharged from the United States army, navy, marine corps or coast
guard, or of the national guard of the state of New York, and produce
evidence of official qualification in firearms during the term of
service are not required to have completed those hours of a firearms
safety course pertaining to the safe use, carrying, possession, mainte-
nance and storage of a firearm; and (ii) persons who were licensed to
possess a pistol or revolver prior to the effective date of this para-
graph are not required to have completed a firearms safety course and
test; and (g) concerning whom no good cause exists for the denial of the
license. No person shall engage in the business of gunsmith or dealer in
firearms unless licensed pursuant to this section. An applicant to
engage in such business shall also be a citizen of the United States,
more than twenty-one years of age and maintain a place of business in
the city or county where the license is issued. For such business, if
the applicant is a firm or partnership, each member thereof shall comply
with all of the requirements set forth in this subdivision and if the
applicant is a corporation, each officer thereof shall so comply.
S 2. Subdivision 4-b of section 400.00 of the penal law, as added by
chapter 446 of the laws of 1997, is amended to read as follows:
4-b. [Westchester county] STATE firearms safety course certificate. In
[the] ANY county [of Westchester] OUTSIDE THE CITY OF NEW YORK, at the
time of application, the licensing officer to which the license applica-
tion is made shall provide a copy of the safety course booklet to each
license applicant. Before such license is issued, such licensing officer
shall require that the applicant submit a certificate of successful
completion of a firearms safety course and test issued in his or her
name and endorsed and affirmed under the penalties of perjury by a duly
authorized instructor.
S 3. 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] ALL counties [of Nassau, Suffolk and Westchester] OUTSIDE 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; 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 division of criminal justice
services, and every such license shall be recertified every five years
thereafter; HOWEVER, IN ALL COUNTIES OUTSIDE THE CITY OF NEW YORK EXCEPT
THE COUNTY OF WESTCHESTER, ANY SUCH LICENSE SHALL BE CERTIFIED PRIOR TO
THE FIRST DAY OF APRIL, TWO THOUSAND TEN, IN ACCORDANCE 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 licens-
ing officer the following information only: current name, date of
birth, current address, and the make, model, caliber and serial number
A. 801 3
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 previous-
ly 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 expi-
ration 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 thou-
sand 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.
S 4. This act shall take effect immediately and in the counties
outside the city of New York, except Westchester, shall apply to
licenses issued on or after such date.