S T A T E O F N E W Y O R K
________________________________________________________________________
5117
2011-2012 Regular Sessions
I N A S S E M B L Y
February 11, 2011
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Introduced by M. of A. OAKS, BURLING, GIGLIO, HAWLEY, HANNA, P. LOPEZ,
MONTESANO, PALMESANO -- Multi-Sponsored by -- M. of A. BARCLAY,
CALHOUN, CORWIN, CROUCH, JORDAN, KOLB, J. MILLER, SALADINO -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to restrictions imposed by
statute regarding the carrying of concealed weapons
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, SUBJECT ONLY TO RESTRICTIONS IMPOSED BY STATUTE; and (g) have,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04307-01-1
A. 5117 2
possess, collect and carry antique pistols which are defined as follows:
(i) any single shot, muzzle loading pistol with a matchlock, flintlock,
percussion cap, or similar type of ignition system manufactured in or
before l898, which is not designed for using rimfire or conventional
centerfire fixed ammunition; and (ii) any replica of any pistol
described in clause (i) hereof if such replica--
(1) is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition, or
(2) uses rimfire or conventional centerfire fixed ammunition which is
no longer manufactured in the United States and which is not readily
available in the ordinary channels of commercial trade.
S 2. This act shall take effect immediately.