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Senate Bill S2243

2009-2010 Legislative Session

Establishes presumption (rebuttable) that an applicant for a pistol or revolver license has proper cause for issuance thereof

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S2243 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L

2009-S2243 (ACTIVE) - Summary

Establishes a presumption (rebuttable) that an applicant for a pistol or revolver license (including to have and carry concealed such a firearm) has proper cause for issuance thereof unless the prior moral, mental or criminal record of the person indicates that good cause exists to believe that any benefit accruing to the person would be outweighed by potential dangers to public safety that would be engendered by issuance of such license.

2009-S2243 (ACTIVE) - Sponsor Memo

2009-S2243 (ACTIVE) - Bill Text download pdf 

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

                                  2243

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sens.  VOLKER,  O. JOHNSON,  LARKIN,  MAZIARZ,  MORAHAN,
  RANZENHOFER, SALAND, SEWARD, WINNER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to issuance  of  licenses  to
  have and carry pistols

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

  Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
follows:
  2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
shall  be  issued  to engage in such business. A license for a pistol or
revolver, other than an assault weapon or  a  disguised  gun,  shall  be
issued  to  (a)  have  and possess in his dwelling by a householder; (b)
have and possess in his place of business by a merchant or  storekeeper;
(c)  have  and carry concealed while so employed by a messenger employed
by a  banking  institution  or  express  company;  (d)  have  and  carry
concealed by a justice of the supreme court in the first or second judi-
cial  departments, or by a judge of the New York city civil court or the
New York city criminal court; (e) have  and  carry  concealed  while  so
employed by a regular employee of an institution of the state, or of any
county,  city,  town  or  village,  under  control  of a commissioner of
correction of the city or any warden, superintendent or head  keeper  of
any state prison, penitentiary, workhouse, county jail or other institu-
tion  for the detention of persons convicted or accused of crime or held
as witnesses in criminal cases, provided that application is made there-
for by such commissioner, warden, superintendent  or  head  keeper;  (f)
have  and  carry  concealed,  without  regard  to employment or place of
possession, by any person when proper  cause  exists  for  the  issuance
thereof,  SUCH  PROPER  CAUSE  BEING  PRESUMED TO EXIST UNLESS THE PRIOR
MORAL, MENTAL, OR CRIMINAL RECORD OF SUCH  PERSON  INDICATES  THAT  GOOD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00147-01-9

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