S T A T E O F N E W Y O R K
________________________________________________________________________
9086
I N A S S E M B L Y
January 20, 2012
___________
Introduced by M. of A. KOLB -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to possession of a pistol or
revolver
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 3 of subdivision a of section 265.20 of the penal
law, as amended by chapter 210 of the laws of 1999, is amended to read
as follows:
3. Possession of a pistol or revolver by a person to whom a license OR
A TEMPORARY LICENSE therefor has been issued as provided under section
400.00 [or], 400.01 OR 400.02 of this chapter; provided, that such a
license shall not preclude a conviction for the offense defined in
subdivision three of section 265.01 of this article.
S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
E. 1. A NONRESIDENT OF NEW YORK STATE WHO IS NOT PROHIBITED BY FEDERAL
LAW FROM POSSESSING A FIREARM MAY POSSESS AND CARRY A CONCEALED FIREARM,
AS DEFINED IN SUBDIVISION THREE OF SECTION 265.00 OF THIS ARTICLE,
ANYWHERE WITHIN NEW YORK STATE IF SUCH PERSON:
(A) IS IN POSSESSION OF A VALID PERMIT TO CARRY A CONCEALED FIREARM
ISSUED TO SUCH NONRESIDENT OF NEW YORK STATE PURSUANT TO THE LAWS OF
SUCH PERSON'S STATE OF RESIDENCE; AND
(B) IS IN COMPLIANCE WITH THE TERMS OF ITS ISSUANCE IN THE STATE OF
ITS ISSUE, BUT ONLY TO THE EXTENT THAT THE TERMS OF ISSUANCE COMPLY WITH
ANY APPROPRIATE NEW YORK STATE STATUTE; AND
(C) IS CARRYING A VALID IDENTIFICATION DOCUMENT CONTAINING A PHOTO-
GRAPH OF THE PERSON; AND
(D) DOES NOT HAVE ANY INTENT TO USE SUCH FIREARM FOR AN ILLEGAL
PURPOSE; AND
(E) IS SUBJECT TO THE SAME CONDITIONS AND LIMITATIONS, EXCEPT AS TO
ELIGIBILITY TO POSSESS OR CARRY, IMPOSED BY OR UNDER FEDERAL OR STATE
LAW OR THE LAW OF A POLITICAL SUBDIVISION OF NEW YORK STATE, THAT APPLY
TO THE POSSESSION OR CARRYING OF A CONCEALED FIREARM BY RESIDENTS OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13725-03-2
A. 9086 2
STATE OR POLITICAL SUBDIVISION WHO ARE LICENSED BY THE STATE OR POLI-
TICAL SUBDIVISION TO DO SO, OR NOT PROHIBITED BY THE STATE FROM DOING
SO.
2. IF THE HOLDER OF SUCH A NONRESIDENT PERMIT TO CARRY A CONCEALED
FIREARM BECOMES, AT ANY TIME, A LEGAL RESIDENT OF NEW YORK STATE, THE
PROVISIONS OF THIS SUBDIVISION SHALL NO LONGER APPLY.
3. AS USED IN THIS SUBDIVISION THE TERM "IDENTIFICATION DOCUMENT"
MEANS A DOCUMENT MADE OR ISSUED BY OR UNDER THE AUTHORITY OF THE UNITED
STATES GOVERNMENT, A STATE OR A POLITICAL SUBDIVISION OF A STATE WHICH,
WHEN COMPLETED WITH INFORMATION CONCERNING A PARTICULAR INDIVIDUAL, IS
OF A TYPE INTENDED OR COMMONLY ACCEPTED FOR THE PURPOSE OF IDENTIFICA-
TION OF INDIVIDUALS.
S 3. Section 400.00 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
2-A. TEMPORARY LICENSE. A TEMPORARY LICENSE FOR A PISTOL OR REVOLVER,
OTHER THAN AN ASSAULT WEAPON OR A DISGUISED GUN SHALL BE ISSUED TO:
(A) A HOUSEHOLDER TO HAVE AND POSSESS IN HIS DWELLING WHERE SUCH
HOUSEHOLDER IS ELIGIBLE PURSUANT TO SECTION 400.02 OF THIS ARTICLE; OR
(B) HAVE AND CARRY, WITHOUT REGARD TO PLACE OF POSSESSION, BY ANY
PERSON WHEN A LEGAL PURPOSE EXISTS FOR THE ISSUANCE THEREOF AND WHERE
SUCH PERSON IS ELIGIBLE PURSUANT TO SUBDIVISION ONE OF SECTION 400.02 OF
THIS ARTICLE.
S 4. The penal law is amended by adding a new section 400.02 to read
as follows:
S 400.02 TEMPORARY LICENSE TO CARRY OR POSSESS FIREARMS.
1. ELIGIBILITY. A PERSON IS ELIGIBLE FOR A TEMPORARY LICENSE TO CARRY
OR POSSESS A FIREARM IN NEW YORK STATE WHERE:
(A) SUCH PERSON IS DOMICILED IN A STATE OF THE UNITED STATES WHICH
DOES NOT REQUIRE A LICENSE OR PERMIT TO POSSESS OR CARRY A FIREARM, AS
DEFINED IN SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER, PROVIDED
THAT SUCH PERSON SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN PARA-
GRAPHS (A) THROUGH (F) OF SUBDIVISION ONE OF SECTION 400.00 OF THIS
ARTICLE AND THAT THERE IS NO GOOD CAUSE FOR THE DENIAL OF THE LICENSE;
OR
(B) SUCH PERSON HAS A PISTOL LICENSE OR PERMIT ISSUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF ISSUANCE, WHERE THAT STATE IS A STATE OF
THE UNITED STATES WHICH IS A JURISDICTION THAT DOES NOT AUTHORIZE SUCH
LICENSE OR REGISTRATION BY A PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF
A FELONY; PROVIDED THAT SUCH PERSON SHALL COMPLY WITH THE REQUIREMENTS
SET FORTH IN PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION ONE OF SECTION
400.00 OF THIS ARTICLE AND WHERE THERE IS NO GOOD CAUSE FOR THE DENIAL
OF THE LICENSE; OR
(C) SUCH PERSON IS LICENSED IN A STATE OF THE UNITED STATES WHICH IS A
JURISDICTION THAT ALLOWS LICENSING BY A PERSON WHO HAS BEEN PREVIOUSLY
CONVICTED OF A FELONY, PROVIDED THAT SUCH PERSON MUST COMPLY WITH THE
REQUIREMENTS SET FORTH IN PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION ONE
OF SECTION 400.00 OF THIS ARTICLE AND THERE IS NO GOOD CAUSE FOR THE
DENIAL OF THE LICENSE.
NOTHING IN THIS SECTION REQUIRES THE GRANTING OF A TEMPORARY PISTOL
LICENSE TO ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A FELONY OR
OF A CRIME WHICH, IF COMMITTED IN THIS STATE, WOULD BE A FELONY,
NOTWITHSTANDING THAT THE JURISDICTION IN WHICH SUCH PERSON IS DOMICILED
ALLOWS LICENSING BY SUCH PERSON.
2. APPLICATIONS. (A) APPLICATIONS FOR A TEMPORARY LICENSE TO CARRY OR
POSSESS A PISTOL OR REVOLVER SHALL BE MADE TO THE DIVISION OF STATE
A. 9086 3
POLICE AND THE LICENSING OFFICER SHALL BE THE SUPERINTENDENT OF STATE
POLICE.
(B) THE APPLICATION FOR SUCH TEMPORARY LICENSE SHALL BE APPROVED AS TO
FORM BY THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE AND SHALL
STATE:
(I) THE NUMBER OF DAYS FOR WHICH THE TEMPORARY LICENSE WILL BE IN
EFFECT, INCLUDING THE EXACT RANGE OF DATES IT WILL BE IN EFFECT, EXCEPT
THAT SUCH TIME PERIOD SHALL NOT EXCEED NINETY DAYS.
(II) THE FULL NAME, DATE OF BIRTH, ADDRESS OF PERMANENT RESIDENCE,
PLACE OF TEMPORARY RESIDENCE WHILE IN NEW YORK STATE, AND PRESENT OCCU-
PATION OF THE APPLICANT.
(III) WHETHER OR NOT THE APPLICANT IS A CITIZEN OF THE UNITED STATES.
(IV) WHETHER OR NOT THE APPLICANT COMPLIES WITH EACH REQUIREMENT FOR
ELIGIBILITY SPECIFIED IN SUBDIVISION ONE OF THIS SECTION INCLUDING
DOCUMENTATION REGARDING OTHER STATE LICENSES; AND
(V) SUCH OTHER FACTS AS MAY BE REQUIRED TO SHOW THE GOOD CHARACTER,
COMPETENCY AND INTEGRITY OF EACH APPLICANT.
(C) THE BLANK APPLICATION FORM SHALL BE MADE AVAILABLE ON THE NEW YORK
STATE DIVISION OF POLICE WEBSITE.
(D) THE APPLICATION SHALL BE SIGNED AND VERIFIED BY THE APPLICANT.
EACH INDIVIDUAL SIGNING AN APPLICATION SHALL SUBMIT ONE PHOTOGRAPH OF
HIMSELF AND A DUPLICATE FOR EACH REQUIRED COPY OF THE APPLICATION. SUCH
PHOTOGRAPHS SHALL BE TWO INCHES SQUARE AND SHALL HAVE BEEN TAKEN WITHIN
THIRTY DAYS PRIOR TO SUBMITTING THE APPLICATION.
(E) THE LICENSING OFFICER SHALL, NO LATER THAN TEN BUSINESS DAYS AFTER
SUCH SUBMISSION, CONDUCT AN INVESTIGATION AND ASCERTAIN ANY PREVIOUS
CRIMINAL RECORD OF THE APPLICANT PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
(F) NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THIS INVESTI-
GATION, THE DIVISION OF STATE POLICE LICENSING OFFICER SHALL DETERMINE
IF THE APPLICANT HAS BEEN PREVIOUSLY DENIED A LICENSE, BEEN CONVICTED OF
A FELONY, OR BEEN CONVICTED OF A SERIOUS OFFENSE, AND EITHER APPROVE OR
DISAPPROVE THE APPLICATION FOR A TEMPORARY PISTOL LICENSE BASED UPON
SUCH DETERMINATIONS AND SHALL ISSUE THE LICENSE TO THE APPLICANT WITHIN
TEN DAYS OF SUCH DETERMINATION.
(G) APPLICATIONS SHALL BE PROCESSED IN ACCORDANCE WITH THE REQUIREMENT
OF SUBDIVISIONS FOUR-A AND FOUR-B OF SECTION 400.00 OF THIS ARTICLE,
EXCEPT THAT WHERE THE APPLICANT'S ELIGIBILITY IS BASED ON PARAGRAPH (B)
OF SUBDIVISION ONE OF THIS SECTION SUCH APPLICATION MUST BE PROCESSED
AND THE INVESTIGATION COMPLETED WITHIN SIXTY DAYS OF SUBMISSION OF THE
APPLICATION TO THE LICENSING OFFICER.
(H) APPROVED APPLICATIONS SHALL BE MAINTAINED ON FILE BY THE DIVISION
OF STATE POLICE AFTER ISSUANCE OF THE LICENSE.
3. INVESTIGATIONS. THE INVESTIGATION REQUIRED FOR ISSUANCE OF A TEMPO-
RARY LICENSE TO CARRY OR POSSESS A FIREARM SHALL BE CONDUCTED IN THE
SAME MANNER AND UPON THE SAME TERMS AND CONDITIONS AS INVESTIGATIONS
REQUIRED FOR LICENSES ISSUED PURSUANT TO SECTION 400.00 OF THIS ARTICLE
PROVIDED, HOWEVER, THE RESULTS SHALL BE PROVIDED TO THE SUPERINTENDENT
OF STATE POLICE IN HIS OR HER CAPACITY AS LICENSING OFFICER.
4. LICENSE FORM, DURATION AND VALIDITY. (A) ANY LICENSE ISSUED PURSU-
ANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH THE FORM SET FORTH IN
SUBDIVISION SEVEN OF SECTION 400.00 OF THIS ARTICLE.
(B) ANY LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE VALID
THROUGHOUT THE STATE EXCEPT WHERE IT WOULD BE LIMITED BY THE PROVISIONS
OF SUBDIVISION SIX OF SECTION 400.00 OF THIS ARTICLE.
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(C) IN NO INSTANCE SHALL THE DURATION OF A TEMPORARY LICENSE EXCEED
NINETY DAYS.
(D) THE TEMPORARY LICENSE SHALL, IN AT LEAST 16 POINT FONT, INDICATE
THAT IT IS A TEMPORARY LICENSE AND INDICATE THE EXPIRATION DATE OF SUCH
TEMPORARY LICENSE.
(E) A TEMPORARY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED
OR SUSPENDED ON THE SAME TERMS AND UNDER THE SAME CIRCUMSTANCES AS SET
FORTH IN SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS ARTICLE.
5. FEES. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL FIX
A LICENSING FEE TO BE CHARGED FOR A TEMPORARY LICENSE TO CARRY OR
POSSESS A PISTOL OR REVOLVER BASED ON THE EXPENSE OF CARRYING OUT THE
PROVISIONS OF THIS SECTION. SUCH FEE MAY BE ADJUSTED BY THE SUPERINTEN-
DENT OF THE DIVISION OF STATE POLICE, ON AN ANNUAL BASIS, WHERE NECES-
SARY TO ENSURE THAT THE LICENSING FEES ADEQUATELY COVER THE EXPENSE OF
CARRYING OUT THE PROVISIONS OF THIS SECTION WITHOUT SIGNIFICANTLY
EXCEEDING SUCH COSTS.
6. ANY VIOLATION BY ANY PERSON OF ANY PROVISION OF THIS SECTION IS A
CLASS A MISDEMEANOR.
7. APPLICABILITY OF SECTION. THE PROVISIONS OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A FIREARM,
SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
SECTION BY A PERSON HOLDING AN OTHERWISE VALID LICENSE UNDER THE
PROVISIONS OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE AS
A CLASS A MISDEMEANOR PURSUANT TO THIS SECTION.
S 5. Section 265.10 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW OR ANY RULE OR
REGULATION OF THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION THERE-
OF, ANY PERSON WHO IS NOT OTHERWISE PROHIBITED BY FEDERAL LAW FROM
TRANSPORTING, SHIPPING, OR RECEIVING A FIREARM SHALL BE ENTITLED TO
TRANSPORT A FIREARM FOR ANY LAWFUL PURPOSE THROUGH NEW YORK STATE FROM
ANY PLACE WHERE HE MAY LAWFULLY POSSESS AND CARRY SUCH FIREARM TO ANY
OTHER PLACE WHERE HE MAY LAWFULLY POSSESS AND CARRY SUCH FIREARM IF,
DURING SUCH TRANSPORTATION THE FIREARM IS UNLOADED, AND NEITHER THE
FIREARM NOR ANY AMMUNITION BEING TRANSPORTED IS READILY ACCESSIBLE OR IS
DIRECTLY ACCESSIBLE FROM THE PASSENGER COMPARTMENT OF SUCH TRANSPORTING
VEHICLE; PROVIDED, THAT, IN THE CASE OF A VEHICLE WITHOUT A COMPARTMENT
SEPARATE FROM THE DRIVER'S COMPARTMENT THE FIREARM OR AMMUNITION SHALL
BE CONTAINED IN A LOCKED CONTAINER OTHER THAN THE GLOVE COMPARTMENT OR
CONSOLE.
S 6. Subdivision 3 of section 265.03 of the penal law, as amended by
chapter 745 of the laws of 2006, is amended to read as follows:
(3) such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven of section 265.02 of
this article, constitute a violation of this subdivision if such
possession takes place in such person's home or place of business. IT
SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS SUBDIVISION THAT
SUCH PERSON IS A NONRESIDENT OF NEW YORK STATE WHO IS DULY AUTHORIZED TO
CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON
IS A RESIDENT OF NEW YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM,
AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED WITH ANY VIOLATION OF
THIS SECTION.
S 7. Section 265.01 of the penal law is amended by adding a new undes-
ignated paragraph to read as follows:
IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE OF POSSESSION OF A
FIREARM UNDER SUBDIVISION ONE OF THIS SECTION IF SUCH POSSESSION OF A
A. 9086 5
FIREARM IS BY A NONRESIDENT OF NEW YORK STATE WHO IS AUTHORIZED TO CARRY
SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS A
RESIDENT OF NEW YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM IN
NEW YORK STATE, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED WITH
POSSESSION OF A FIREARM UNDER THIS SECTION.
S 8. This act shall take effect on the ninetieth day after it shall
have become a law.