senate Bill S1863A

2011-2012 Legislative Session

Relates to licenses to carry, possess, repair and dispose of firearms

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 12, 2012 print number 1863a
amend and recommit to codes
Jan 04, 2012 referred to codes
Jan 13, 2011 referred to codes

S1863 - Details

Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3478

S1863 - Summary

Requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).

S1863 - Sponsor Memo

S1863 - Bill Text download pdf

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

                                  1863

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- 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 licenses to carry,
  possess, repair and dispose of firearms

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

  Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section
400.00  of  the  penal law, paragraph (f) of subdivision 2 as amended by
chapter 189 of the laws of 2000 and subdivision 4 as amended by  chapter
331 of the laws of 2005, are amended to read as follows:
  (f) have and carry concealed, without regard to employment or place of
possession[,  by  any  person  when proper cause exists for the issuance
thereof]; and
  4. Investigation. Before a license is issued or renewed,  there  shall
be an investigation of all statements required in the application by the
duly  constituted police authorities of the locality where such applica-
tion is made. For that purpose, the records of the appropriate office of
the department of mental hygiene concerning previous or  present  mental
illness of the applicant shall be available for inspection by the inves-
tigating  officer  of the police authority.  THE POLICE AUTHORITY IN THE
LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT  A  SEARCH  OF  THE
NATIONAL  INSTANT  CRIMINAL  BACKGROUND CHECK SYSTEM (NICS). In order to
ascertain any previous criminal record, the investigating officer  shall
take  the fingerprints and physical descriptive data in quadruplicate of
each individual by whom the application  is  signed  and  verified.  Two
copies of such fingerprints shall be taken on standard fingerprint cards
eight  inches  square,  and one copy may be taken on a card supplied for
that purpose by the federal bureau of investigation; provided,  however,
that in the case of a corporate applicant that has already been issued a
dealer  in firearms license and seeks to operate a firearm dealership at
a second or subsequent location, the original fingerprints on  file  may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06350-01-1

Co-Sponsors

S1863A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3478

S1863A (ACTIVE) - Summary

Requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).

S1863A (ACTIVE) - Sponsor Memo

S1863A (ACTIVE) - Bill Text download pdf

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

                                 1863--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed to the Committee on Codes -- recommitted to
  the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the  penal  law,  in  relation  to  licenses  to  carry,
  possess, repair and dispose of firearms

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

  Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  331  of  the  laws  of 2005, is amended to read as
follows:
  4. Investigation. Before a license is issued or renewed,  there  shall
be an investigation of all statements required in the application by the
duly  constituted police authorities of the locality where such applica-
tion is made. For that purpose, the records of the appropriate office of
the department of mental hygiene concerning previous or  present  mental
illness of the applicant shall be available for inspection by the inves-
tigating  officer  of the police authority.  THE POLICE AUTHORITY IN THE
LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT  A  SEARCH  OF  THE
NATIONAL  INSTANT  CRIMINAL  BACKGROUND CHECK SYSTEM (NICS). In order to
ascertain any previous criminal record, the investigating officer  shall
take  the fingerprints and physical descriptive data in quadruplicate of
each individual by whom the application  is  signed  and  verified.  Two
copies of such fingerprints shall be taken on standard fingerprint cards
eight  inches  square,  and one copy may be taken on a card supplied for
that purpose by the federal bureau of investigation; provided,  however,
that in the case of a corporate applicant that has already been issued a
dealer  in firearms license and seeks to operate a firearm dealership at
a second or subsequent location, the original fingerprints on  file  may
be  used  to  ascertain  any criminal record in the second or subsequent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06350-02-2

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