NY State Senate Bill 2011-S1863

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 12, 2012	print number 1863a
Sep 12, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
Jan 13, 2011	referred to codes

Bill Amendments

Original

A (Active)

2011-S1863 - Details

See Assembly Version of this Bill:: A3268
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3478, A6187
2013-2014: A3214

2011-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).

2011-S1863 - Sponsor Memo

                                BILL NUMBER:S1863

TITLE OF BILL:
An act
to amend the penal law, in relation to licenses to carry, possess,
repair and dispose of firearms

PURPOSE OF THE BILL:
This legislation would remove a gun licensing officer's ability to
deny or restrict the issuance of licenses to law abiding citizens who
have successfully undergone the state's strict application process
and appropriate New York State and Federal Bureau of Investigations
fingerprint background check required under law. In addition, this
bill will conform New York State law to current ATF requirements
regarding background checks for firearms transfers.

SUMMARY OF SPECIFIC PROVISIONS:
§ 1- Amends paragraph (f) of subdivision 2 and subdivision 4 of
400.00 of the Penal Law.

§ 2- Effective date.

JUSTIFICATION:
New York was once one of only a handful of states that issued permits
to carry a concealed handgun. However, in recent years, the vast
majority of states have adopted "shall issue" laws, automatically

granting a license to carry a concealed handgun to any citizen who
applies for one, unless good cause exists for denying a particular
individual such license. New York is now one of only eight states
that issues handgun permits, but requires law-abiding citizens to
prove a need to carry a handgun, thus allowing licensing officers to
deny or restrict licenses to law abiding New Yorkers.

Currently, a person applying for a handgun license in New York must
pick up an application in person, complete the application in
duplicate, find at least three references to give statements as to
the applicant's good character, obtain a copy of their driver's
abstract, pay a $99 fingerprinting fee, undergo both State DCJS and
Federal Bureau of Investigations fingerprint background checks, meet
with a police officer, submit to a character investigation, and allow
a search of the New York State Office of Mental Health records. In
many counties, an applicant is also required to pay for and attend a
handgun safety class, and meet with a judge, prior to the issuance of
a license. If an individual wishes to purchase a handgun, they must
receive permission to do so from
their licensing officer, for each handgun they purchase.

Although not provided for by any provision of law, many licensing
officers throughout the State limit a concealed handgun licensee to
carrying their handgun to and from target ranges, or while hunting.
Requiring licensing officers to issue a handgun permit to any citizen
for whom no good cause exists to deny such a license will also
prevent licensing officers from placing arbitrary restrictions on
individuals' licenses to carry handguns.


The simple fact is that New York's strict law applies only to law
abiding people. Criminals who are willing to commit serious violent
crimes, such as murder, robbery, or drug dealing, are not dissuaded
from illegally purchasing a handgun in order to do so. Law abiding
people who are willing to submit to a criminal and character
baekground check are not likely to commit a crime, and there is no
rational basis for denying them the constitutional right to own and
carry a handgun.

In addition, in 1998, the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) sent an Open Letter to all New York State Federal
Firearms Licensees (FFLS) advising them that New York State
licenses to carry and possess handguns would qualify as an
alternative to the National Instant Criminal Background Check
System (NICS) background check required under the Brady Law. In
2004, the ATF began reviewing the background check requirements of
all States that had permits that qualified as alternatives to
NICS and has since deemed that New York licenses to carry and
possess handguns no longer qualify as a NICS check alternative.

This legislation will require that along with all other requirements
stipulated under law, including other state and federal background
checks, that a NICS background check also be performed
on an individual wishing to obtain a handgun license.

PRIOR LEGISLATIVE HISTORY:
2007-2008: A.6378. Similar to the intent of A.3195/S.282
of 2005-2006

FISCAL IMPLICATIONS:
None.

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

2011-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

S. 1863                             2

be  used  to  ascertain  any criminal record in the second or subsequent
application unless any of the corporate officers have changed since  the
prior  application, in which case the new corporate officer shall comply
with  procedures governing an initial application for such license. When
completed, one standard card shall be forwarded to and retained  by  the
division  of  criminal  justice services in the executive department, at
Albany. A search of the files of such division and written  notification
of  the results of the search to the investigating officer shall be made
without unnecessary delay.  Thereafter, such division shall  notify  the
licensing  officer  and  the  executive  department,  division  of state
police, Albany, of any criminal record of the  applicant  filed  therein
subsequent  to  the  search of its files. A second standard card, or the
one supplied by the federal bureau of investigation, as the case may be,
shall be forwarded to that bureau at Washington with a request that  the
files  of  the bureau be searched and notification of the results of the
search be made to the investigating police  authority.  The  failure  or
refusal  of  the federal bureau of investigation to make the fingerprint
check provided for in this section shall not constitute the  sole  basis
for  refusal  to  issue  a  permit  pursuant  to  the provisions of this
section. Of the remaining two fingerprint cards, one shall be filed with
the executive department, division of state police, Albany,  within  ten
days  after  issuance  of the license, and the other remain on file with
the  investigating  police  authority.  No  such  fingerprints  may   be
inspected by any person other than a peace officer, who is acting pursu-
ant  to  his  special  duties, or a police officer, except on order of a
judge or justice of a court of record either upon notice to the licensee
or without notice, as the judge or justice may  deem  appropriate.  Upon
completion  of  the investigation, the police authority shall report the
results to the licensing officer without unnecessary delay.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2011-S1863A (ACTIVE) - Details

See Assembly Version of this Bill:: A3268
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3478, A6187
2013-2014: A3214

2011-S1863A (ACTIVE) - Summary

2011-S1863A (ACTIVE) - Sponsor Memo

2011-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

S. 1863--A                          2

application unless any of the corporate officers have changed since  the
prior  application, in which case the new corporate officer shall comply
with procedures governing an initial application for such license.  When
completed,  one  standard card shall be forwarded to and retained by the
division of criminal justice services in the  executive  department,  at
Albany.  A search of the files of such division and written notification
of the results of the search to the investigating officer shall be  made
without  unnecessary delay.   Thereafter, such division shall notify the
licensing officer  and  the  executive  department,  division  of  state
police,  Albany,  of  any criminal record of the applicant filed therein
subsequent to the search of its files. A second standard  card,  or  the
one supplied by the federal bureau of investigation, as the case may be,
shall  be forwarded to that bureau at Washington with a request that the
files of the bureau be searched and notification of the results  of  the
search  be  made  to  the investigating police authority. The failure or
refusal of the federal bureau of investigation to make  the  fingerprint
check  provided  for in this section shall not constitute the sole basis
for refusal to issue  a  permit  pursuant  to  the  provisions  of  this
section. Of the remaining two fingerprint cards, one shall be filed with
the  executive  department, division of state police, Albany, within ten
days after issuance of the license, and the other remain  on  file  with
the   investigating  police  authority.  No  such  fingerprints  may  be
inspected by any person other than a peace officer, who is acting pursu-
ant to his special duties, or a police officer, except  on  order  of  a
judge or justice of a court of record either upon notice to the licensee
or  without  notice,  as the judge or justice may deem appropriate. Upon
completion of the investigation, the police authority shall  report  the
results to the licensing officer without unnecessary delay.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S1863

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S1863 - Details

2011-S1863 - Summary

2011-S1863 - Sponsor Memo

2011-S1863 - Bill Text download pdf

co-Sponsors

2011-S1863A (ACTIVE) - Details

2011-S1863A (ACTIVE) - Summary

2011-S1863A (ACTIVE) - Sponsor Memo

2011-S1863A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Adriano Espaillat

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S1863 - Details

2011-S1863 - Summary

2011-S1863 - Sponsor Memo

2011-S1863 - Bill Text download pdf

co-Sponsors

Tony Avella

2011-S1863A (ACTIVE) - Details

2011-S1863A (ACTIVE) - Summary

2011-S1863A (ACTIVE) - Sponsor Memo

2011-S1863A (ACTIVE) - Bill Text download pdf

Comments