NY State Senate Bill 2009-S5489

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
May 12, 2009	referred to codes

2009-S5489 (ACTIVE) - Details

See Assembly Version of this Bill:: A3076
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3935, A4405
2013-2014: S3067, A3242
2015-2016: A5788

2009-S5489 (ACTIVE) - Summary

Broadens provisions relating to eligibility for a firearms license.

2009-S5489 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5489

 TITLE OF BILL :  An act to amend the penal law, in relation to the
issuance of a license to carry a firearm

 SUMMARY OF SPECIFIC PROVISIONS :  This legislation amends section
3-0301 of the environmental conservation law directing the department
to promulgate minimum standards for a three hour weapons safety
training course which will be administered by local licensing
officers. After the completion of such a course, individuals will be
issued a certificate of participation.

The instructors for the safety course shall have completed the
municipal police training council's firearm instructors training
course and be certified qualified instructors. The council, an agency
within the State's Department of Criminal Justice Services, is the
appropriate body to train instructors for this safety course as they
are charged with the responsibility of designing and approving
training criteria for instructors at police training schools.

Statewide, licenses must be issued prior to an individual obtaining a
handgun. Therefore, the certificate of participation will have to be
shown to the issuing agency before a license may be issued. In
addition, the City of New York requires a license prior to the
purchase of a rifle or shotgun, so the certificate will have to be
provide to the issuing agency. However, outside the City, there is no

requirement that a license be obtained prior to purchasing a rifle or
shotgun; therefore, such certificate of participation or a New York
resident hunting license currently valid for hunting with a rifle or
shotgun will have to be shown to the dealer in firearms. Failure to do
so will be a violation carrying a civil fine of $200.

 EXISTING LAW :
2008: S3341B (Krueger) - Referred to Codes
2007: S3341 - Referred to Codes
2006: S2341 - Referred to Codes
2005: S2341 - Referred to Codes
2004: S4426 - Referred to Codes
2003: S4426 - Referred to Codes
2002: S6895 - Referred to Codes

 JUSTIFICATION : One of the most remarkable aspects of buying a weapon
is that no experience is necessary. Before one can obtain a license to
drive  and  get  behind  the wheel of a car, the State requires a four
hour safe driving course, (Vehicle and Traffic Law,  section  502  (4)
(a),  but  one  can purchase a deadly weapon without understanding the
inherent dangers in owning one.

The certificate of participation required under this bill would  prove
that  the  applicant  or  prospective  purchaser has received adequate
instruction in the safe handling of firearms, rifles and shotguns  and
ensuring both the State's as well as the purchaser's interests are met
through the safe and responsible use of the weapon.

 FISCAL   IMPLICATIONS :  This  act  will  have  unknown,  but  likely
positive, fiscal  implications  to  municipalities  administering  the
course.

 EFFECTIVE  DATE :  This  act  shall  take  effect  on the one hundred
eightieth day after it shall have become law except that the standards
required by section two of this act shall be promulgated on or  before
the ninetieth day after this act shall have become law.

2009-S5489 (ACTIVE) - Bill Text download pdf

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

                                  5489

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 12, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 the issuance of a  license
  to carry a firearm

  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]  NOT HAD A GUARDIAN APPOINTED FOR THEM PURSUANT TO ANY
PROVISION OF LAW, BASED ON A DETERMINATION THAT AS A  RESULT  OF  MARKED
SUBNORMAL   INTELLIGENCE,   MENTAL  ILLNESS,  INCAPACITY,  CONDITION  OR
DISEASE, HE OR SHE LACKS THE MENTAL CAPACITY TO CONTRACT OR MANAGE THEIR
OWN AFFAIRS OR 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 county of Westchester,] who has success-
fully completed a firearms safety course and  test  as  evidenced  by  a
certificate  of  completion  issued  in his or her name and endorsed and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00817-05-9

S. 5489                             2

affirmed under the penalties of perjury by a duly authorized instructor,
APPROVED BY THE SUPERINTENDENT OF STATE POLICE except that: (i)  persons
who  are  honorably discharged from the United States army, navy, marine
corps,  AIR  FORCE 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,  maintenance  and storage of a firearm; and (ii) persons who
were licensed to possess a pistol or revolver  prior  to  the  effective
date  of  this  paragraph  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. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S5489

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Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S5489 (ACTIVE) - Details

2009-S5489 (ACTIVE) - Summary

2009-S5489 (ACTIVE) - Sponsor Memo

2009-S5489 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S5489 (ACTIVE) - Details

2009-S5489 (ACTIVE) - Summary

2009-S5489 (ACTIVE) - Sponsor Memo

2009-S5489 (ACTIVE) - Bill Text download pdf

Comments