NY State Senate Bill 2009-S5345

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 27, 2009	referred to codes

2009-S5345 (ACTIVE) - Details

See Assembly Version of this Bill:: A10334
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L

2009-S5345 (ACTIVE) - Summary

Authorizes the county clerk of the county of Westchester to grant amendments to firearms licenses, under the Westchester county handgun record-keeping and accountability act.

2009-S5345 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5345

 TITLE OF BILL :
An act to amend the penal law, in relation to authorizing the county
clerk to grant amendments to firearms licenses, under the Westchester
county handgun record-keeping and accountability act

 PURPOSE :
This bill would authorizes the county clerk to grant firearms license
amendments in county of Westchester.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would amend subdivision 5 and 9 of section 400.00 of the
penal law, to include the provision that in the County of Westchester
the county clerk shall file a duplicate copy of a firearm application
with the executive department, division of state police, in Albany,
within ten days after issuance of the license.

Under the provisions of this bill, it would permit any person In the
county of Westchester, who is licensed to carry or possess a pistol or
revolver, to apply at any time to the county clerk for an amendment to
such license to add one or more weapons or to remove one or more
weapons, or to change their address held under the license.

Such amendment would be granted immediately by the Westchester county
clerk and the amendment describing the changes involved would also be

filed by the clerk, and at the division of the state police in Albany.

 JUSTIFICATION :
This bill would authorize the county clerk to grant firearms license
amendments in the county of Westchester.  Presently, each and every
minor change to an existing license, such as adding an additional gun
or changing the licensee's address, requires a complete amendment
process.

This process consists of checks which duplicate those which were done
upon issuance of the original license.  As a result, a County Judge
must take the time to review and sign off on each and every amendment,
with such procedure taking up to six months to complete.

This bill would remove this unnecessary step for mere ministerial
amendments, so as to improve the records of firearm licences, update
the information and timeliness thereof, and free up the Courts to
examine serious amendments that are not of a ministerial nature.

 PRIOR LEGISLATIVE HISTORY :
2008 - S.5152 - Referred to Codes

 FISCAL IMPLICATIONS :
None noted.

 EFFECTIVE DATE :
This act shall take immediately.

2009-S5345 (ACTIVE) - Bill Text download pdf

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

                                  5345

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- 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  authorizing  the  county
  clerk  to grant amendments to firearms licenses, under the Westchester
  county handgun record-keeping and accountability act

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

  Section  1.  Subdivisions  5 and 9 of section 400.00 of the penal law,
subdivision 5 as amended by chapter 332 of the laws of 1994 and subdivi-
sion 9 as amended by chapter 172 of the laws of  1973,  are  amended  to
read as follows:
  5.  Filing  of approved applications. The application for any license,
if granted, shall be filed by the licensing officer with  the  clerk  of
the  county of issuance, except that in the city of New York and, in the
counties of Nassau and Suffolk, the licensing  officer  shall  designate
the  place  of filing in the appropriate division, bureau or unit of the
police department thereof, and in the county of Suffolk the county clerk
is hereby authorized to transfer all records or applications relating to
firearms to the licensing authority of that county. The name and address
of any person to whom an application for any license  has  been  granted
shall be a public record. Upon application by a licensee who has changed
his  OR  HER  place  of  residence such records or applications shall be
transferred to the appropriate officer at the licensee's  new  place  of
residence.  A  duplicate  copy of such application shall be filed by the
licensing officer in the executive department, division of state police,
Albany, within ten days after issuance of the license; PROVIDED,  HOWEV-
ER,  THAT  IN  THE  COUNTY  OF WESTCHESTER THE COUNTY CLERK SHALL FILE A
DUPLICATE COPY OF SUCH APPLICATION WITH THE EXECUTIVE DEPARTMENT,  DIVI-
SION  OF  STATE  POLICE,  ALBANY  WITHIN  TEN DAYS AFTER ISSUANCE OF THE
LICENSE.  Nothing in this subdivision shall be construed to  change  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08929-01-9

S. 5345                             2

expiration  date  or  term of such licenses if otherwise provided for in
law.
  9. License: amendment. Elsewhere than in the city of New York OR COUN-
TY  OF  WESTCHESTER,  a  person licensed to carry or possess a pistol or
revolver may apply at any time to  his  OR  HER  licensing  officer  for
amendment  of his OR HER license to [include] ADD one or more such weap-
ons or to [cancel] REMOVE weapons held  under  license.  If  granted,  a
record  of  the amendment describing the weapons involved shall be filed
by the licensing officer in the executive department, division of  state
police,  Albany.    IN  THE  COUNTY OF WESTCHESTER, A PERSON LICENSED TO
CARRY OR POSSESS A PISTOL OR REVOLVER MAY APPLY AT ANY TIME TO THE COUN-
TY CLERK OF SUCH COUNTY FOR AMENDMENT TO HIS OR HER LICENSE TO  ADD  ONE
OR  MORE  SUCH WEAPONS OR TO REMOVE WEAPONS HELD UNDER THE LICENSE. SUCH
AMENDMENT SHALL BE GRANTED IMMEDIATELY BY THE COUNTY CLERK OF THE COUNTY
OF WESTCHESTER, AND A RECORD OF THE  AMENDMENT  DESCRIBING  THE  WEAPONS
INVOLVED SHALL BE FILED BY SUCH CLERK IN THE EXECUTIVE DEPARTMENT, DIVI-
SION  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 OR HER license.  Elsewhere  than  in
the  city  of New York, and in the counties of Nassau [and], Suffolk AND
WESTCHESTER, such notification shall be made to  the  executive  depart-
ment,  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 OR HER, give notice in writing  of
such  change  to  the executive department, division of state police, at
Albany. IN THE COUNTY OF WESTCHESTER, A  PERSON  LICENSED  TO  CARRY  OR
POSSESS A PISTOL OR REVOLVER SHALL NOTIFY THE COUNTY CLERK OF SUCH COUN-
TY  OF HIS OR HER CHANGE OF RESIDENCE IN WRITING WITHIN TEN DAYS OF SUCH
CHANGE, AND SUCH COUNTY CLERK SHALL  GIVE  NOTICE  IN  WRITING  OF  SUCH
CHANGE TO THE EXECUTIVE DEPARTMENT, DIVISION OF STATE POLICE, AT ALBANY,
WITHIN  TEN  DAYS OF SUCH CLERK'S RECEIPT OF NOTIFICATION OF A CHANGE OF
RESIDENCE. THE CHANGE OF RESIDENCE AMENDMENT SHALL BE GRANTED IMMEDIATE-
LY BY THE COUNTY CLERK OF THE COUNTY OF WESTCHESTER.
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
licenses issued on or after such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5345

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S5345 (ACTIVE) - Details

2009-S5345 (ACTIVE) - Summary

2009-S5345 (ACTIVE) - Sponsor Memo

2009-S5345 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5345

Share this bill

Sponsored By

Vincent L. Leibell

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S5345 (ACTIVE) - Details

2009-S5345 (ACTIVE) - Summary

2009-S5345 (ACTIVE) - Sponsor Memo

2009-S5345 (ACTIVE) - Bill Text download pdf

Comments