S T A T E O F N E W Y O R K
________________________________________________________________________
8587
2011-2012 Regular Sessions
I N A S S E M B L Y
September 21, 2011
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Introduced by M. of A. D. MILLER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the environmental conservation law, in
relation to exempting veterans of the armed forces from hunting and
gun licensing fees and to allow veterans of the armed forces to retain
combat firearms purchased from the United States
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 14 of section 400.00 of the penal law, as
amended by chapter 195 of the laws of 2005, is amended to read as
follows:
14. Fees. In the city of New York and the county of Nassau, the annual
license fee shall be twenty-five dollars for gunsmiths and fifty dollars
for dealers in firearms. In such city, the city council and in the coun-
ty of Nassau the Board of Supervisors shall fix the fee to be charged
for a license to carry or possess a pistol or revolver and provide for
the disposition of such fees. Elsewhere in the state, the licensing
officer shall collect and pay into the county treasury the following
fees: for each license to carry or possess a pistol or revolver, not
less than three dollars nor more than ten dollars as may be determined
by the legislative body of the county; for each amendment thereto, three
dollars, and five dollars in the county of Suffolk; and for each license
issued to a gunsmith or dealer in firearms, ten dollars. The fee for a
duplicate license shall be five dollars PROVIDED, HOWEVER, A VETERAN AS
DEFINED IN U.S.C. TITLE THIRTY-EIGHT OF SECTION ONE HUNDRED ONE UPON
SUBMISSION OF VALID PROOF OF SERVICE SHALL BE CHARGED NO FEES FOR A
DUPLICATE LICENSE. The fee for processing a license transfer between
counties shall be five dollars PROVIDED, HOWEVER, A VETERAN AS DEFINED
IN U.S.C TITLE THIRTY-EIGHT OF SECTION ONE HUNDRED ONE UPON SUBMISSION
OF VALID PROOF OF SERVICE SHALL BE CHARGED NO FEES FOR THE PROCESSING OF
A LICENSE TRANSFER BETWEEN COUNTIES. The fee for processing a license
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13402-01-1
A. 8587 2
or renewal thereof for a qualified retired police officer as defined
under subdivision thirty-four of section 1.20 of the criminal procedure
law, or a qualified retired sheriff, undersheriff, or deputy sheriff of
the city of New York as defined under subdivision two of section 2.10 of
the criminal procedure law, or a qualified retired bridge and tunnel
officer, sergeant or lieutenant of the triborough bridge and tunnel
authority as defined under subdivision twenty of section 2.10 of the
criminal procedure law, or a qualified retired uniformed court officer
in the unified court system, or a qualified retired court clerk in the
unified court system in the first and second judicial departments, as
defined in paragraphs a and b of subdivision twenty-one of section 2.10
of the criminal procedure law or a retired correction officer as defined
in subdivision twenty-five of section 2.10 of the criminal procedure
law, OR A VETERAN AS DEFINED IN U.S.C. TITLE THIRTY-EIGHT OF SECTION ONE
HUNDRED ONE UPON SUBMISSION OF VALID PROOF OF SERVICE, shall be waived
in all counties throughout the state.
S 2. Subdivision 2 of section 11-0715 of the environmental conserva-
tion law, as amended by section 3 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
2. A member of the Shinnecock tribe or the Poospatuck tribe or a
member of the six nations, residing on any reservation wholly or partly
within the state, is entitled to receive free of charge a fishing
license, a small and big game license, a sportsman license, a muzzle-
loading stamp, a trapping license, and a bow hunting stamp; a resident
of the state who is a member of the United States armed forces in active
service who is not stationed within the state and has not been herein
longer than thirty days on leave or furlough, is entitled to receive
free of charge a fishing license, a small and big game license, and a
trapping license; a resident of the state who is an active member of the
organized militia of the state of New York as defined by section one of
the military law, or the reserve components of the armed forces of the
United States, and excluding members of the inactive national guard and
individual ready reserve, is entitled to receive free of charge a fish-
ing license, a small and big game license, and a trapping license; and a
resident who is blind is entitled to receive a fishing license free of
charge. For the purposes of this subdivision a person is blind only if
either: (a) his or her central visual acuity does not exceed 20/200 in
the better eye with correcting lenses, or (b) his or her visual acuity
is greater than 20/200 but is accompanied by a limitation of the field
of vision such that the widest diameter of the visual field subtends an
angle no greater than 20 degrees.
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive a sportsman license at the cost of ten dollars as a
license fee.
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive a fishing license, and a trapping license, at a cost of
five dollars for each license.
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive free of charge a bowhunting stamp and a muzzle-loading
stamp.
A RESIDENT IN THE STATE FOR A PERIOD OF THIRTY DAYS IMMEDIATELY PRIOR
TO THE DATE OF APPLICATION WHO IS A VETERAN AS DEFINED IN U.S.C. TITLE
THIRTY-EIGHT OF SECTION ONE HUNDRED ONE UPON SUBMISSION OF VALID PROOF
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OF SERVICE SHALL BE ENTITLED TO RECEIVE FREE OF CHARGE A FISHING
LICENSE, A SMALL AND BIG GAME LICENSE, A SPORTSMAN LICENSE, A
MUZZLE-LOADING STAMP, A TRAPPING LICENSE, AND A BOW HUNTING STAMP.
S 3. Paragraphs a and c of subdivision 3 of section 11-0715 of the
environmental conservation law, as amended by section 4 of part KK of
chapter 59 of the laws of 2009, are amended to read as follows:
a. In the case of persons who have been residents of the state for
more than thirty days immediately preceding the date of application or
who are enrolled in a full-time course at a college or university within
the state and who are in residence in the state for the school year,
Indians residing off reservations in the state and members of the United
States armed forces in active service stationed in this state regardless
of place of residence at the time of entry into service PROVIDED, HOWEV-
ER, UPON SUBMISSION OF VALID PROOF OF SERVICE NO VETERAN AS DEFINED IN
U.S.C. TITLE THIRTY-EIGHT OF SECTION ONE HUNDRED ONE, SHALL BE REQUIRED
TO PAY ANY FEES FOR THE PROCESSING OF A LICENSE:
License Fee
(1) Super-sportsman $88.00
(2) Trapper Super-sportsman $88.00
(3) Sportsman $47.00
(4) Small and big game $29.00
(5) Fishing $29.00
(6) Trapping $21.00
(7) Small game $26.00
(8) Junior trapping $ 6.00
(9) Muzzle-loading stamp $21.00
(10) Bowhunting stamp $21.00
(11) Turkey permit $10.00
(12) Seven-day fishing $15.00
(13) Conservation legacy $96.00
(14) One-day fishing $ 5.00
c. In all cases THE FEES IN SUBPARAGRAPHS ONE THROUGH SIX OF THIS
PARAGRAPH SHALL APPLY PROVIDED, HOWEVER, UPON SUBMISSION OF VALID PROOF
OF SERVICE NO VETERAN AS DEFINED IN U.S.C. TITLE THIRTY-EIGHT OF SECTION
ONE HUNDRED ONE, SHALL BE REQUIRED TO PAY SUCH FEES:
(1) Certificates in lieu of lost license or stamp
or tag $ 5.00
(2) Duplicate for lost or destroyed permit, button
or tag $10.00
(3) Junior hunting license $ 5.00
(4) Junior archery license $ 9.00
(5) One-day fishing license $15.00
(6) Conservation patron license $12.00
S 4. Subdivision 4 of section 11-0715 of the environmental conserva-
tion law, as amended by section 5 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
4. A [person,] VETERAN AS DEFINED IN U.S.C. TITLE THIRTY-EIGHT OF
SECTION ONE HUNDRED ONE, WHO IS A resident in the state for at least
thirty days immediately prior to the date of application, [who has been
honorably discharged from service in the armed forces of the United
States and certified as having a forty percent or greater service-con-
nected disability] UPON SUBMISSION OF VALID PROOF OF SERVICE is entitled
to receive all licenses, stamps, tags, buttons, and permits authorized
by this title for which he or she is eligible[, except turkey permits,
renewable] RENEWED each year [for a five dollar fee] FREE OF CHARGE.
A. 8587 4
S 5. Section 400.00 of the penal law is amended by adding a new subdi-
vision 18 to read as follows:
18. FEDERAL FIREARMS LICENSEES. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, INDIVIDUALS WHO HAVE SUCCESSFULLY APPLIED FOR AND
OBTAINED A FEDERAL FIREARMS LICENSE SHALL BE CONSIDERED LAWFULLY
LICENSED TO CARRY A FIREARM WITHIN THE STATE OF NEW YORK.
S 6. The penal law is amended by adding a new section 400.02 to read
as follows;
S 400.02 LICENSE TO POSSESS FIREARMS PREVIOUSLY USED IN COMBAT FOR
VETERANS OF THE UNITED STATES ARMED FORCES.
1. A LICENSE TO CARRY OR POSSESS A FIREARM FOR ANY MILITARY VETERAN
WHO HAS PURCHASED THEIR COMBAT FIREARM FROM THE UNITED STATES GOVERNMENT
SHALL BE GRANTED IN THE SAME MANNER AND UPON THE SAME TERMS AND CONDI-
TIONS AS LICENSES ISSUED UNDER SECTION 400.00 OF THIS ARTICLE PROVIDED,
HOWEVER, THAT: APPLICATIONS FOR SUCH LICENSE SHALL BE MADE TO AND
LICENSED BY, THE SUPERINTENDENT OF STATE POLICE; SUCH LICENSE SHALL BE
ISSUED FREE OF CHARGE TO THE VETERAN; AND THE FIREARM NEED NOT BE A
PISTOL OR REVOLVER AND NEED NOT BE ALTERED OR RETROFITTED FROM ITS
ORIGINALLY MANUFACTURED CONDITION.
2. FOR PURPOSES OF THIS SECTION, A "MILITARY VETERAN" SHALL MEAN A
FORMER MEMBER OF THE UNITED STATES ARMED FORCES, WHO UPON SEPARATION
FROM THE MILITARY WAS HONORABLY DISCHARGED AND WAS ALLOWED TO PURCHASE
THEIR COMBAT WEAPON AT THE END OF THEIR SERVICE.
3. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO INDIVIDUAL
LICENSE APPLICATIONS MADE OR RENEWALS WHICH MUST BE MADE ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION AND SHALL NOT APPLY TO A LICENSE FOR
GUNSMITH OR DEALER IN FIREARMS.
S 7. This act shall take effect immediately.