Senate Bill S5914A

2011-2012 Legislative Session

Relates to expiration and renewal provisions of certain firearms licenses

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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
Jan 20, 2012	print number 5914a
Jan 20, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
Oct 19, 2011	referred to rules

Bill Amendments

2011-S5914 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S1796

2011-S5914 - Summary

Relates to expiration and renewal provisions of certain firearms licenses; shortens length of certification in NYC from three years to two; Westchester, Nassau and Suffolk from five to two and all other places in the state from six to two years.

2011-S5914 - Sponsor Memo

                                BILL NUMBER:S5914

TITLE OF BILL:
An act
to amend the penal law, in relation to expiration and renewal provisions
of certain firearms licenses

PURPOSE:
Extends statewide, the requirement that a license to carry or possess
a firearm be renewed every 5, 4, & 2 years respectively.

SUMMARY OF PROVISIONS:
Section one: Amends subdivision 10 of section 400.00 of the penal law
to extend license expiration and renewal regulations for pistols or
revolvers.

In the city of New York, any license to carry or possess a pistol or
revolver, shall expire not more than two years after the date of
issuance.
For the counties of Nassau, Suffolk and Westchester, any license to
carry or possess a pistol or revolver, shall expire not more than
four years after the date of issuance.

Elsewhere than in the city of New York and the counties of Nassau,
Suffolk and Westchester, any license to carry or possess a pistol or
revolver, shall expire not more than five years after the date of

issuance.

In the case of a license for gunsmith or dealer in firearms, in
counties having a population of less than two hundred thousand
inhabitants, photographs and fingerprints shall be submitted on
original applications and upon renewal thereafter only at five year
intervals.

Section two: The bill takes effect immediately.

JUSTIFICATION:
New York state requires individuals to obtain a license in order to
lawfully carry or possess a firearm. Prior to the issuance of such
license, an investigation must be conducted by law enforcement
officers to verify that all statements in the applicant's license
application are true. Typically, the investigating officer interviews
the references named in the application. In addition, records of the
department of mental hygiene must be made available for inspection by
such officer and fingerprints must be taken from the applicant in
order to conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester
and the city of New York, once a license to carry or possess a firearm
has been issued, the license is permanent unless otherwise revoked or
suspended. There is no opportunity for the licensing officer to

determine whether the conditions that existed at the time of the
issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

RENEWAL OF LICENSES WOULD PROVIDE REGULAR
CONFIRMATION THAT THE
LICENSE IS STILL QUALIFIED TO HAVE A FIREARM:
Without a renewal system, certain criminal convictions obtained after
the issuance of a firearm and/or development of mental illness by the
licensee - changes in conditions that could result in a license
revocation or denial of a license renewal - may go undetected.

RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING
INFORMATION:
Such information includes the licensee's current name and address, and
the make, caliber and serial number of all firearms possessed without
a renewal system. licensees who move out-of-state - a change in
conditions that could result in license revocation or denial of a
license renewal may go undetected.

REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE
FOR LICENSEES TO
COMPLY WITH THE TERMS OF THEIR LICENSES:
Without a renewal system, licensees are less likely to update their
licensing information.

RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE
LICENSING SYSTEM:
Without a renewal system, there is no opportunity for licensing
officers to determine whether licensees remain in compliance with the
terms of their licensees.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
Immediately.

2011-S5914 - Bill Text download pdf

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

                                  5914

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            October 19, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN  ACT  to  amend  the penal law, in relation to expiration and renewal
  provisions of certain firearms licenses

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

  Section  1.  Subdivision  10  of  section  400.00 of the penal law, as
amended by chapter 447 of the laws  of  1997,  is  amended  to  read  as
follows:
  10.  License:  expiration,  certification and renewal. Any license for
gunsmith or dealer in firearms and, in the city of New York, any license
to carry or possess a pistol or revolver, issued at any time pursuant to
this section or prior to the first day of July, nineteen hundred  sixty-
three and not limited to expire on an earlier date fixed in the license,
shall expire not more than [three] TWO years after the date of issuance.
In the counties of Nassau, Suffolk and Westchester, any license to carry
or  possess  a  pistol  or revolver, issued at any time pursuant to this
section or prior to the first day of July, nineteen hundred  sixty-three
and not limited to expire on an earlier date fixed in the license, shall
expire  not  more  than  [five]  FOUR  years after the date of issuance;
however, in the county of Westchester, any such license shall be  certi-
fied prior to the first day of April, two thousand, in accordance with a
schedule  to be contained in regulations promulgated by the commissioner
of the division of criminal justice services,  and  every  such  license
shall be recertified every [five] FOUR years thereafter. For purposes of
this section certification shall mean that the licensee shall provide to
the  licensing  officer  the following information only:   current name,
date of birth, current address, and the make, model, caliber and  serial
number  of all firearms currently possessed. Such certification informa-
tion shall be filed by the licensing officer in the same  manner  as  an
amendment.  Elsewhere  than  in the city of New York and the counties of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13545-01-1

S. 5914                             2

Nassau, Suffolk and Westchester, any  license  to  carry  or  possess  a
pistol or revolver, issued at any time pursuant to this section or prior
to the first day of July, nineteen hundred sixty-three and not previous-
ly  revoked  or cancelled, shall be in force and effect until revoked as
herein provided. ELSEWHERE THAN IN THE CITY OF  NEW  YORK,  COUNTIES  OF
NASSAU, SUFFOLK OR WESTCHESTER, ANY LICENSE TO CARRY OR POSSESS A PISTOL
OR REVOLVER, ISSUED AT ANY TIME PURSUANT TO THIS SECTION OR PRIOR TO THE
FIRST  DAY  OF  JULY,  NINETEEN  HUNDRED  SIXTY-THREE AND NOT LIMITED TO
EXPIRE ON AN EARLIER DATE FIXED IN THE LICENSE, SHALL  EXPIRE  NOT  MORE
THAN  FIVE  YEARS AFTER THE DATE OF ISSUANCE. Any license not previously
cancelled or revoked shall remain in full force and  effect  for  thirty
days  beyond the stated expiration date on such license. Any application
to renew a license that has not  previously  expired,  been  revoked  or
cancelled shall thereby extend the term of the license until disposition
of  the  application  by the licensing officer. In the case of a license
for gunsmith or dealer in firearms, in counties having a  population  of
less than two hundred thousand inhabitants, photographs and fingerprints
shall  be submitted on original applications and upon renewal thereafter
only at [six] FIVE  year  intervals.  Upon  satisfactory  proof  that  a
currently  valid  original license has been despoiled, lost or otherwise
removed from  the  possession  of  the  licensee  and  upon  application
containing an additional photograph of the licensee, the licensing offi-
cer shall issue a duplicate license.
  S 2. This act shall take effect immediately.

co-Sponsors

2011-S5914A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S1796

2011-S5914A (ACTIVE) - Summary

2011-S5914A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5914A

TITLE OF BILL:
An act
to amend the penal law, in relation to expiration and renewal provisions
of certain firearms licenses

PURPOSE:
Extends statewide, the requirement that a license to carry or possess
a firearm be renewed every 2 years.

SUMMARY OF SPECIFIC PROVISIONS:
Section one: Amends subdivision 10 of section 400.00 of the penal law
to extend license expiration and renewal regulations for pistols or
revolvers.

Any license to carry or possess a pistol or revolver, shall expire not
more than two years after the date of issuance.

Section two: The bill takes effect immediately.

JUSTIFICATION:
New York state requires individuals to obtain a license in order to
lawfully carry or possess a firearm. Prior to the issuance of such
license, an investigation must be conducted by law enforcement
officers to verify that all statements in the applicant's license

application are true. Typically, the investigating officer interviews
the references named in the application. In addition, records of the
department of mental hygiene must be made available for inspection by
such officer and fingerprints must be taken from the applicant in
order to conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester
and the city of New York, once a license to carry or possess a
firearm has been issued, the license is permanent unless otherwise
revoked or suspended. There is no opportunity for the licensing
officer to determine whether the conditions that existed at the time
of the issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION
THAT THE LICENSE IS STILL QUALIFIED TO HAVE A FIREARM:
Without a renewal system, certain criminal convictions obtained after
the issuance of a firearm and/or development of mental illness by the
licensee - changes in conditions that could result in a license
revocation or denial of a license renewal - may go undetected.

RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING
INFORMATION:
Such information includes the licensee's current name and address, and
the make, caliber and serial number of all firearms possessed without
a renewal system. licensees who move out-of-state - a change in
conditions that could result in license revocation or denial of a
license renewal may go undetected.


REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE
FOR LICENSEES TO COMPLY WITH THE TERMS OF THEIR LICENSES:
Without a renewal system, licensees are less likely to update their
licensing information.

RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING
SYSTEM:
Without a renewal system, there is no opportunity for licensing
officers to determine whether licensees remain in compliance with the
terms of their licensees.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
Immediately.

2011-S5914A (ACTIVE) - Bill Text download pdf

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

                                 5914--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            October 19, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed to the Committee on Rules -- 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  expiration  and  renewal
  provisions of certain firearms licenses

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

  Section 1. Subdivision 10 of section  400.00  of  the  penal  law,  as
amended  by  chapter  447  of  the  laws  of 1997, is amended to read as
follows:
  10. License: expiration, certification and renewal.  Any  license  for
gunsmith or dealer in firearms and, in the city of New York, any license
to carry or possess a pistol or revolver, issued at any time pursuant to
this  section or prior to the first day of July, nineteen hundred sixty-
three and not limited to expire on an earlier date fixed in the license,
shall expire not more than [three] TWO years after the date of issuance.
In the counties of Nassau, Suffolk and Westchester, any license to carry
or possess a pistol or revolver, issued at any  time  pursuant  to  this
section  or prior to the first day of July, nineteen hundred sixty-three
and not limited to expire on an earlier date fixed in the license, shall
expire not more than [five] TWO years after the date of issuance; howev-
er, in the county of Westchester, any such license  shall  be  certified
prior  to  the  first  day  of April, two thousand, in accordance with a
schedule to be contained in regulations promulgated by the  commissioner
of  the  division  of  criminal justice services, and every such license
shall be recertified every [five] TWO years thereafter. For purposes  of
this section certification shall mean that the licensee shall provide to
the  licensing  officer  the following information only:   current name,
date of birth, current address, and the make, model, caliber and  serial

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13545-02-2

S. 5914--A                          2

number  of all firearms currently possessed. Such certification informa-
tion shall be filed by the licensing officer in the same  manner  as  an
amendment.  Elsewhere  than  in the city of New York and the counties of
Nassau,  Suffolk  and  Westchester,  any  license  to carry or possess a
pistol or revolver, issued at any time pursuant to this section or prior
to the first day of July, nineteen hundred sixty-three and not previous-
ly revoked or cancelled, shall be in force and effect until  revoked  as
herein  provided.  ELSEWHERE  THAN  IN THE CITY OF NEW YORK, COUNTIES OF
NASSAU, SUFFOLK OR WESTCHESTER, ANY LICENSE TO CARRY OR POSSESS A PISTOL
OR REVOLVER, ISSUED AT ANY TIME PURSUANT TO THIS SECTION OR PRIOR TO THE
FIRST DAY OF JULY, NINETEEN  HUNDRED  SIXTY-THREE  AND  NOT  LIMITED  TO
EXPIRE  ON  AN  EARLIER DATE FIXED IN THE LICENSE, SHALL EXPIRE NOT MORE
THAN TWO YEARS AFTER THE DATE OF ISSUANCE. Any  license  not  previously
cancelled  or  revoked  shall remain in full force and effect for thirty
days beyond the stated expiration date on such license. Any  application
to  renew  a  license  that  has not previously expired, been revoked or
cancelled shall thereby extend the term of the license until disposition
of the application by the licensing officer. In the case  of  a  license
for  gunsmith  or dealer in firearms, in counties having a population of
less than two hundred thousand inhabitants, photographs and fingerprints
shall be submitted on original applications and upon renewal  thereafter
only  at  [six]  TWO  year  intervals.  Upon  satisfactory  proof that a
currently valid original license has been despoiled, lost  or  otherwise
removed  from  the  possession  of  the  licensee  and  upon application
containing an additional photograph of the licensee, the licensing offi-
cer shall issue a duplicate license.
  S 2. This act shall take effect immediately.

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Senate Bill S5914A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S5914 - Details

2011-S5914 - Summary

2011-S5914 - Sponsor Memo

2011-S5914 - Bill Text download pdf

co-Sponsors

2011-S5914A (ACTIVE) - Details

2011-S5914A (ACTIVE) - Summary

2011-S5914A (ACTIVE) - Sponsor Memo

2011-S5914A (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-S5914 - Details

2011-S5914 - Summary

2011-S5914 - Sponsor Memo

2011-S5914 - Bill Text download pdf

co-Sponsors

Thomas K. Duane

Liz Krueger

Suzi Oppenheimer

Kevin S. Parker

2011-S5914A (ACTIVE) - Details

2011-S5914A (ACTIVE) - Summary

2011-S5914A (ACTIVE) - Sponsor Memo

2011-S5914A (ACTIVE) - Bill Text download pdf

Comments