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

                                  3929

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2011
                               ___________

Introduced by M. of A. CROUCH -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to licenses to carry firearms
  by non-resident individuals

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

  Section 1. Paragraph (a) of subdivision 3 of  section  400.00  of  the
penal  law, as designated by chapter 778 of the laws of 1985, is amended
to read as follows:
  (a) (I) Applications shall be made and  renewed,  in  the  case  of  a
license to carry or possess a pistol or revolver, to the licensing offi-
cer  in  the  city  or  county,  as the case may be, where the applicant
resides, is principally employed or has his OR HER  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.  IF THE APPLICANT DOES NOT RESIDE IN THIS
STATE, THEN HIS OR HER APPLICATION SHALL BE  MADE  AND  RENEWED  TO  THE
LICENSING  OFFICER  IN  THE  COUNTY OF ALBANY. Blank applications shall,
except in the city of New York, be approved as to  form  by  the  super-
intendent  of  state  police.  An application shall state the full name,
date of birth, STATE OF residence, present occupation of each person  or
individual  signing  the  same, whether or not he OR SHE is a citizen of
the United States, whether or not he OR SHE complies with each  require-
ment  for  eligibility  specified in subdivision one of this section and
such other facts as may be required to show the good  character,  compe-
tency  and  integrity  of each person or individual signing the applica-
tion. An application shall be signed and verified by the applicant. Each
individual signing an application shall submit one photograph of himself
OR HERSELF 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04434-01-1
              

A. 3929                             2

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.
  (II)  WHENEVER  A  NON-RESIDENT  INDIVIDUAL MAKES AN APPLICATION FOR A
PERMIT IN THIS STATE, HE OR SHE MUST PROVIDE PROOF  OF  A  VALID  PERMIT
FROM  THE  STATE OF HIS OR HER RESIDENCE. A NON-RESIDENT APPLICANT SHALL
BE SUBJECT TO THE SAME BACKGROUND CHECKS AS A  RESIDENT  APPLICANT  EVEN
THOUGH  SUCH  NON-RESIDENT  APPLICANT  MAY HAVE PREVIOUSLY HAD A SIMILAR
BACKGROUND CHECK PERFORMED BY HIS OR HER RESIDENT STATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, any affected  depart-
ment,  office,  agency,  or  other governmental entity may implement any
rule or regulation necessary for the timely implementation of  this  act
on its effective date.