senate Bill S135

2011-2012 Legislative Session

Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

S135 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง265.20 & 400.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S282

S135 - Bill Texts

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Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course and while under the supervision of the instructor thereof.

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BILL NUMBER:S135

TITLE OF BILL:
An act
to amend the penal law, in relation to authorizing the possession of a
pistol or revolver while attending a pre-license firearms safety course

PURPOSE:
To allow individuals who have applied for a license to possess a
pistol or revolver and who are enrolled in a certified pre-license
firearms safety course under the supervision, guidance and
instruction from a certified firearms safety course instructor, to
handle a firearm during the course of the class.

SUMMARY OF PROVISIONS:
Section 1- adds a new paragraph 7-f to subdivision a of section 265.20
of the penal law to read as follows: Possession of a pistol or
revolver by a person who has applied for a license to possess a
pistol or revolver and pre-license possession of same pursuant to
section 400.00 of this chapter, who has not been previously denied a
license, been previously convicted of a felony or serious offense,
and who does not appear to be, or pose a threat to be a danger to
himself, herself or to others, and who has been approved for
possession in accordance with section 400.00 of this chapter;
provided that such possession shall be of a pistol or revolver duly
licensed to and shall be possessed under the supervision, guidance
and instruction of a certified firearms safety course instructor, and
provided further that such possession occurs during the course of a
certified prelicense firearms safety course in which such person if
enrolled.

Section 2- amends paragraph (b) of subdivision 3 of section 400.00 of
the penal law, as added by chapter 778 of the laws of 1985

Section 3- Effective date

EXISTING LAW:
Section 265.20 of the penal law does not permit any individual
applying for a pistol or revolver permit to handle such firearm prior
to obtaining a license.

JUSTIFICATION:
The current law does not allow for what the safety course was
originally planned for allowing the certified instructor to watch
how the applicants handles and acts when holding a handgun.
How can a certified firearm safety course instructor accurately judge
if someone who has applied for a permit will safely handle a handgun.
Is it illegal for the applicant to handle a handgun in the
presence of that instructor? Permitting an individual to handle a
handgun during the safety course will give the instructor additional
criteria in judging whether that person is prepared for the
responsibility of owning a handgun.

LEGISLATIVE HISTORY:
2008: S.6923 Codes
2009-10: S.282 Codes


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have.
become law.

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

                                   135

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- 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 authorizing the possession
  of a pistol or revolver while attending a pre-license firearms  safety
  course

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 7-f to read as follows:
  7-F. POSSESSION OF A PISTOL OR REVOLVER BY A PERSON  WHO  HAS  APPLIED
FOR A LICENSE TO POSSESS A PISTOL OR REVOLVER AND PRE-LICENSE POSSESSION
OF  SAME  PURSUANT  TO  SECTION 400.00 OF THIS CHAPTER, WHO HAS NOT BEEN
PREVIOUSLY DENIED A LICENSE, BEEN PREVIOUSLY CONVICTED OF  A  FELONY  OR
SERIOUS  OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A THREAT TO BE,
A DANGER TO HIMSELF, HERSELF OR TO OTHERS, AND WHO HAS BEEN APPROVED FOR
POSSESSION IN ACCORDANCE WITH SECTION 400.00 OF THIS  CHAPTER;  PROVIDED
THAT  SUCH  POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY LICENSED TO
AND SHALL BE POSSESSED UNDER THE SUPERVISION, GUIDANCE  AND  INSTRUCTION
OF  A  CERTIFIED FIREARMS SAFETY COURSE INSTRUCTOR, AND PROVIDED FURTHER
THAT SUCH POSSESSION OCCURS DURING THE COURSE OF A CERTIFIED PRE-LICENSE
FIREARMS SAFETY COURSE IN WHICH SUCH PERSON IS ENROLLED.
  S 2. Paragraph (b) of subdivision 3 of section  400.00  of  the  penal
law,  as added by chapter 778 of the laws of 1985, is amended to read as
follows:
  (b) Application for an exemption under paragraph seven-b OR SEVEN-F of
subdivision a of section 265.20 of this chapter. Each applicant desiring
to obtain the exemption set forth in paragraph  seven-b  OR  SEVEN-F  of
subdivision  a of section 265.20 of this chapter shall make such request
in writing of the licensing officer with whom his OR HER application for
a license is filed, at the time of filing such application. Such request

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00140-01-1

S. 135                              2

shall include a signed and verified statement by the  person  authorized
to instruct and supervise the applicant, that has met with the applicant
and  that  he  OR  SHE has determined that, in his OR HER judgment, said
applicant  does  not  appear  to be or poses a threat to be, a danger to
himself, HERSELF or to others. He OR SHE shall include a copy of his  OR
HER certificate as an instructor in small arms, if he OR SHE is required
to  be certified, and state his OR HER address and telephone number.  He
OR SHE shall specify the exact location by name, address  and  telephone
number  where  such  instruction will take place. Such licensing officer
shall, no later than ten business days after such  filing,  request  the
duly  constituted police authorities of the locality where such applica-
tion is made to investigate and ascertain any previous  criminal  record
of  the  applicant  pursuant  to subdivision four of this section.  Upon
completion of this investigation, the police authority shall report  the
results  to the licensing officer without unnecessary delay. The licens-
ing officer shall no later than ten business days after the  receipt  of
such  investigation,  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 applicant for
exemption purposes based upon such determinations. If the  applicant  is
approved  for  the  exemption,  the  licensing  officer shall notify the
appropriate duly constituted police authorities and the applicant.  Such
exemption  shall terminate if the application for the license is denied,
or at any earlier time  based  upon  any  information  obtained  by  the
licensing  officer  or  the  appropriate  police authorities which would
cause the license to be denied. The  applicant  and  appropriate  police
authorities shall be notified of any such terminations.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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