senate Bill S520

2011-2012 Legislative Session

Establishes a safety course requirement for firearm license

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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
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S520 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L; amd §3-0301, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S3597

S520 - Bill Texts

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Establishes a three-hour safety course, developed by the municipal police training council, which shall be completed by an applicant prior to the issuance of a license to possess a pistol, revolver, rifle or shotgun; provides that a license for a firearm shall not be issued until a certificate of participation in such course is submitted to the licensing agency or officer.

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BILL NUMBER:S520

TITLE OF BILL:
An act
to amend the penal law and the environmental conservation law, in
relation to requiring completion of a gun safety course as a
condition for a license to possess a pistol, revolver, rifle or
shotgun

SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends section 3-0301
of the environmental conservation law directing the department to
promulgate minimum standards for a three hour weapons safety training
course which will be administered by local licensing officers.
After the completion of such a course, individuals will be issued a
certificate of participation.

Section 400.00 of the penal law is amended by adding a new subdivision
2-a to require the completion of a three hour weapons safety training
course certified by the department of environmental conservation to
be administered by the local licensing officer.

The instructors for the safety course shall have completed the
municipal police training council's firearm instructors training
course and be certified, qualified instructors. The council, an
agency within the State's Department of Criminal Justice Services, is
the appropriate body to train instructors for this safety course as
they are charged with the responsibility of designing and approving
training criteria for instructors at police training schools.

There will be a fee charged for the firearm safety course which shall
be set by the municipality administering the course and be deposited
in the county or city treasury to be used to cover the costs of
administering the course and to enhance law enforcement efforts.

JUSTIFICATION:
One of the most remarkable aspects of buying a weapon
is that no experience is necessary. It is inconceivable that before
you can obtain a license to drive a car, the State requires a person
to complete a five hour safe driving course, but one can purchase a
deadly weapon without understanding its inherent dangers and necessary
safety precautions for its proper use.

The certificate of participation proves that the applicant or
prospective purchaser has received adequate instruction in the safe
handling of firearms, rifles and shotguns and ensuring both the
State's, as well as the purchaser's interests are met through the
safe and responsible use of the weapon.

FISCAL IMPLICATIONS:
This act will have unknown, but likely positive,
fiscal implications to municipalities administering the course.

LEGISLATIVE HISTORY:
2009-2010: S.3597/A.3076
2007-2008: S.3341-B/A.8253-B


2005-2006: S.2341
2003-2004: S.4426/A.3942

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall become a law.

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

                                   520

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER, HUNTLEY, SERRANO, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Codes

AN ACT to amend the penal law and the environmental conservation law, in
  relation to requiring completion of a gun safety course as a condition
  for a license to possess a pistol, revolver, rifle or shotgun

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

  Section 1.  Section 400.00 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. SAFETY COURSE REQUIREMENT. (A) ANYWHERE IN NEW YORK STATE WHERE A
LICENSE  IS  REQUIRED  TO  CARRY OR POSSESS A PISTOL, REVOLVER, RIFLE OR
SHOTGUN, COMPLETION OF A THREE  HOUR  WEAPONS  SAFETY  TRAINING  COURSE,
CERTIFIED  BY  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND ADMINIS-
TERED BY THE LOCAL LICENSING OFFICER, SHALL BE  A  PREREQUISITE  TO  THE
ISSUANCE  OF  SUCH  LICENSE.  OUTSIDE THE CITY OF NEW YORK, NO DEALER IN
FIREARMS SHALL SELL A  RIFLE  OR  SHOTGUN,  WITHOUT  RETAINING  FOR  THE
RECORDS  OF  SUCH  ESTABLISHMENT,  A  COPY OF THE CERTIFICATE OF PARTIC-
IPATION IN A CERTIFIED WEAPONS SAFETY TRAINING COURSE OR A COPY OF A NEW
YORK RESIDENT HUNTING LICENSE ISSUED BY THE DEPARTMENT OF  ENVIRONMENTAL
CONSERVATION AND CURRENTLY VALID FOR HUNTING WITH A RIFLE OR SHOTGUN, OF
ANY INDIVIDUAL PURCHASING SUCH A WEAPON. FAILURE OF A DEALER IN FIREARMS
TO  RETAIN  A  COPY OF A CERTIFICATE OF PARTICIPATION OR HUNTING LICENSE
REQUIRED TO BE RETAINED PURSUANT TO THIS SUBDIVISION, SHALL CONSTITUTE A
VIOLATION, PUNISHABLE BY A CIVIL FINE OF TWO HUNDRED DOLLARS.
  (B) INSTRUCTORS FOR THE COURSE  SHALL  HAVE  COMPLETED  THE  MUNICIPAL
POLICE  TRAINING  COUNCIL'S  FIREARM  INSTRUCTOR  TRAINING COURSE AND BE
CERTIFIED AS QUALIFIED INSTRUCTORS OF SUCH PROGRAMS.
  (C) THE AMOUNT OF THE FEE FOR TAKING SUCH A  COURSE  SHALL  BE  ESTAB-
LISHED  BY THE MUNICIPALITY ADMINISTERING THE COURSE WHICH SHALL DEPOSIT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03090-01-1

S. 520                              2

SUCH FEE IN THE COUNTY TREASURY OR IN THE CITY OF  NEW  YORK,  THE  CITY
TREASURY,  TO BE USED TO COVER THE COSTS OF ADMINISTERING THE COURSE AND
TO ENHANCE LAW ENFORCEMENT EFFORTS AND NOT TO SUPPLANT  ORDINARY  BUDGET
COSTS.
  S 2. Subdivision 2 of section 3-0301 of the environmental conservation
law is amended by adding a new paragraph dd to read as follows:
  DD.    PROMULGATE  MINIMUM  STANDARDS  FOR A THREE HOUR WEAPONS SAFETY
TRAINING COURSE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall  have  become  a  law.  Effective  immediately,  the  standards
required  by  section  two of this act shall be promulgated on or before
the ninetieth day after this act shall have become a law.

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