senate Bill S7844

2011-2012 Legislative Session

Requires persons possessing any firearm to hold a firearms safety certificate

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 24, 2012 referred to rules

Co-Sponsors

view additional co-sponsors

S7844 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §265.01, add §400.15, Pen L

S7844 - Bill Texts

view summary

Requires persons possessing any firearm to hold a firearms safety certificate; establishes application and training process therefor.

view sponsor memo
BILL NUMBER:S7844

TITLE OF BILL:

An act to amend the penal law, in relation to requiring persons possess-
ing a firearm to hold a firearms safety certificate

PURPOSE:

The purpose of this act is: (1) to reduce the number of unintentional
shootings by ensuring that gun owners know how to safely use and store
firearms; and (2) to increase compliance with existing firearms laws by
requiring gun owners to demonstrate knowledge of those laws.

Section one amends subdivisions 6, 7 and 8 of section 265.01 of the
Penal law, subdivision 6 as added by chapter 1041 of the laws of 1974,
subdivision 7 as added by chapter 807 of the laws of 1981 and subdivi-
sion 8 as added by chapter 646 of the laws of 1986, and a new subdivi-
sion 9 is added. The proposed legislation establishes a firearms safety
certificate requirement.

Section two amends the Penal law by adding a new section 400.15. This
section mandates the successful completion of a course of instruction by
the applicant which shall include: (a) not less than five hours of
classroom instruction on: (i) the safe use and handling of firearms;
(ii) the methods for safely storing firearms, and keeping children safe
when weapons are present; and (iii) the applicable federal, state and
local laws relating to the purchase, sale, possession, transportation
and storage of firearms; (b) not less than two hours of live firing
instruction at a shooting range using the type of firearm the applicant
anticipates purchasing, possessing or acquiring; and (c) a safe-handling
of a firearm demonstration as attested by a duly authorized instructor.
The course must be approved by the Sheriff of the county in which the
applicant resides or the Commissioner of the police department of a city
having a population of one million or more. Every firearms safety
certificate is valid for a period of two years, and may be renewed. The
certificate is non-transferable and only applicable to the applicant.
Additionally, the section deals with revocation and exemptions.

Section three provides the effective date.

JUSTIFICATION:

Handgun safety is important to all New Yorkers. Handgun accidents
involving children are especially disturbing. Studies show that easy
access to loaded handguns in homes is a major cause of accidental shoot-
ings of children. While there may be no way to guarantee safety, handgun
owners can take steps to help prevent many accidental shootings. This
legislation will provide persons possessing firearms valuable informa-
tion to help them become a safe and responsible handgun owner.

The intent of the legislation is to ensure that persons who obtain
firearms have a basic familiarity with those firearms, including but not
limited to, the safe handling and storage of those firearms; and to
increase compliance with existing firearms laws by requiring gun owners
to demonstrate knowledge of those laws.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of January next succeeding the date on which it shall become a
law; provided, however, that the provisions of subdivision 9 of section
265.01 of the penal law, as added by section one of this act, and subdi-
vision 2 of section 400.15 of the penal law, as added by section two of
this act, shall not apply to any person who possesses a firearm on the
effective date of this act, until the nineteenth day after such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7844

                            I N  S E N A T E

                             August 24, 2012
                               ___________

Introduced  by Sens. GIANARIS, ADAMS, AVELLA, BRESLIN, HASSELL-THOMPSON,
  KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS, RIVERA,  SERRANO,  STAVISKY
  -- 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 requiring persons possess-
  ing a firearm to hold a firearms safety certificate

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

  Section 1. Subdivisions 6, 7 and 8 of section 265.01 of the penal law,
subdivision 6 as added by chapter 1041 of the laws of 1974,  subdivision
7 as added by chapter 807 of the laws of 1981 and subdivision 8 as added
by  chapter 646 of the laws of 1986, are amended and a new subdivision 9
is added to read as follows:
  (6) He OR SHE is a person who  has  been  certified  not  suitable  to
possess a rifle or shotgun, as defined in subdivision sixteen of section
265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or
shotgun upon the demand of a police officer. Whenever a person is certi-
fied  not suitable to possess a rifle or shotgun, a member of the police
department to which such certification is made, or of the state  police,
shall  forthwith  seize any rifle or shotgun possessed by such person. A
rifle or shotgun seized as herein provided shall not be  destroyed,  but
shall  be  delivered  to  the headquarters of such police department, or
state police, and there retained until  the  aforesaid  certificate  has
been rescinded by the director or physician in charge, or other disposi-
tion  of such rifle or shotgun has been ordered or authorized by a court
of competent jurisdiction[.]; OR
  (7) He OR SHE knowingly possesses a  bullet  containing  an  explosive
substance designed to detonate upon impact[.]; OR
  (8)  He  OR SHE possesses any armor piercing ammunition with intent to
use the same unlawfully against another[.]; OR
  (9) HE OR SHE POSSESSES A FIREARM, NOT BEING THE  HOLDER  OF  A  VALID
FIREARMS  SAFETY  CERTIFICATE  ISSUED PURSUANT TO SECTION 400.15 OF THIS
CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16408-05-2

S. 7844                             2

  S 2. The penal law is amended by adding a new section 400.15  to  read
as follows:
S 400.15 FIREARMS SAFETY CERTIFICATE.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A)  "COMMISSIONER" MEANS THE COMMISSIONER OF THE POLICE DEPARTMENT OF
A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (B) "SHERIFF" MEANS THE SHERIFF OF THE COUNTY IN  WHICH  AN  APPLICANT
RESIDES, EXCEPT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  2.  NO  PERSON  SHALL  POSSESS  A  FIREARM  UNLESS SUCH PERSON HOLDS A
FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO THIS SECTION.
  3. EVERY PERSON APPLYING  FOR  A  FIREARMS  SAFETY  CERTIFICATE  SHALL
SUBMIT  AN APPLICATION TO THE SHERIFF OR THE COMMISSIONER IF SUCH PERSON
RESIDES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  SUCH APPLI-
CATION SHALL BE IN SUCH FORM AND CONTENT AS SHALL BE ESTABLISHED BY  THE
SHERIFF OR THE COMMISSIONER, AND SHALL INCLUDE:
  (A) THE APPLICANT'S NAME, ADDRESS, RESIDENCE TELEPHONE NUMBER, GENDER,
RACE,  HEIGHT,  WEIGHT, DATE OF BIRTH, CITIZENSHIP, THUMBPRINT AND DRIV-
ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER;
  (B) THE APPLICANT'S SIGNATURE; AND
  (C) AN OATH THAT ALL INFORMATION IN THE APPLICATION IS  TRUE,  SUBJECT
TO THE PENALTIES OF PERJURY.
  4.  THE  COURSE  OF  INSTRUCTION FOR THE ISSUANCE OF A FIREARMS SAFETY
CERTIFICATE SHALL INCLUDE THE SUCCESSFUL COMPLETION BY THE APPLICANT OF:
  (A) NOT LESS THAN FIVE HOURS OF CLASSROOM INSTRUCTION ON:
  (I) THE SAFE USE AND HANDLING OF FIREARMS;
  (II) THE METHODS FOR SAFELY STORING AND SECURING FIREARMS, AND KEEPING
CHILDREN SAFE WHEN SUCH WEAPONS ARE PRESENT; AND
  (III) THE APPLICABLE FEDERAL, STATE AND LOCAL  LAWS  RELATING  TO  THE
PURCHASE, SALE, POSSESSION, TRANSPORTATION AND STORAGE OF FIREARMS;
  (B)  NOT  LESS THAN TWO HOURS OF LIVE FIRING INSTRUCTION AT A SHOOTING
RANGE USING THE TYPE OF FIREARM THE  APPLICANT  ANTICIPATES  PURCHASING,
POSSESSING OR ACQUIRING; AND
  (C)  A  SAFE-HANDLING  OF  A FIREARM DEMONSTRATION AS ATTESTED TO BY A
DULY AUTHORIZED INSTRUCTOR.
  5. EVERY FIREARMS SAFETY COURSE, FOR THE COMPLETION OF WHICH AN APPLI-
CANT IS GRANTED A FIREARMS SAFETY CERTIFICATE, SHALL BE APPROVED BY  THE
SHERIFF  OR THE COMMISSIONER AND SHALL BE CONDUCTED BY A DULY AUTHORIZED
INSTRUCTOR. THE SHERIFF OR THE COMMISSIONER MAY,  FOR  THE  PURPOSES  OF
FIREARMS  SAFETY  COURSES  REQUIRED  BY  THIS  SECTION,  PROVIDE FOR THE
APPROVAL OF FIREARM SAFETY COURSES REQUIRED OR PROVIDED FOR PURSUANT  TO
ANY FEDERAL OR STATE LAW.
  6.  UPON  THE  SUCCESSFUL COMPLETION OF A FIREARMS SAFETY COURSE BY AN
APPLICANT, THE DULY AUTHORIZED INSTRUCTOR OF SUCH COURSE  SHALL  PROVIDE
THE  APPLICANT  WITH  A  SIGNED  AFFIDAVIT  ATTESTING TO THE APPLICANT'S
SUCCESSFUL COMPLETION OF THE COURSE. SUCH AFFIDAVIT  SHALL  INCLUDE  THE
NAME,  ADDRESS  AND  TELEPHONE NUMBER OF THE DULY AUTHORIZED INSTRUCTOR;
THE NAME OF THE APPLICANT; AND THE DATES AND PLACES THAT THE COURSE  WAS
CONDUCTED.
  7.  UPON  RECEIPT OF THE AFFIDAVIT REQUIRED BY SUBDIVISION SIX OF THIS
SECTION, THE APPLICANT SHALL SUBMIT A COPY  OF  SUCH  AFFIDAVIT  TO  THE
SHERIFF  OR  THE  COMMISSIONER  AND HE OR SHE SHALL ADMINISTER A WRITTEN
EXAMINATION, ESTABLISHED BY  HIM  OR  HER,  DEMONSTRATING  KNOWLEDGE  OF
FIREARMS SAFETY AND LAWS APPLICABLE TO FIREARMS.
  (A)  A FIREARMS SAFETY CERTIFICATE SHALL BE ISSUED TO AN APPLICANT WHO
SCORES SEVENTY-FIVE PERCENT OR HIGHER ON SUCH EXAMINATION.

S. 7844                             3

  (B) IF AN APPLICANT FAILS SUCH WRITTEN  EXAMINATION,  HE  OR  SHE  MAY
RETAKE  SUCH  EXAMINATION  AT  LEAST  TWENTY-FOUR  HOURS  AFTER  A PRIOR
ATTEMPT. THE SAME VERSION OF SUCH WRITTEN EXAMINATION SHALL NOT BE GIVEN
TO AN APPLICANT UPON ANY TWO CONSECUTIVE TAKINGS THEREOF.  NO  APPLICANT
SHALL  BE  OFFERED  THE WRITTEN EXAMINATION MORE THAN THREE TIMES. AFTER
THE THIRD FAILURE BY AN APPLICANT, HE OR SHE SHALL BE REQUIRED TO  AGAIN
SUCCESSFULLY  COMPLETE  THE REQUIREMENTS OF SUBDIVISIONS FOUR AND SIX OF
THIS SECTION.
  (C) APPLICANTS MAY BE CHARGED A FEE TO COVER THE COSTS OF  ADMINISTER-
ING THE WRITTEN EXAMINATION.
  8. UPON SUCCESSFUL COMPLETION OF THE REQUIREMENTS OF SUBDIVISION SEVEN
OF  THIS  SECTION BY AN APPLICANT, THE SHERIFF OR THE COMMISSIONER SHALL
ISSUE SUCH APPLICANT A  FIREARMS  SAFETY  CERTIFICATE.  FIREARMS  SAFETY
CERTIFICATES  SHALL  NOT BE TRANSFERABLE. THE HOLDER THEREOF SHALL STORE
SUCH CERTIFICATE IN THE PLACE WHERE HIS  OR  HER  FIREARMS  ARE  STORED,
EXCEPT THAT SUCH CERTIFICATE SHALL BE CARRIED ON THE PERSON OF THE HOLD-
ER  IF A FIREARM IS POSSESSED OUTSIDE OF THE HOLDER'S RESIDENCE OR PLACE
OF BUSINESS. UPON REQUEST OF A POLICE OFFICER, A FIREARMS SAFETY CERTIF-
ICATE SHALL BE DISPLAYED BY THE HOLDER TO SUCH OFFICER.
  9. EVERY FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
SHALL  BE  VALID  FOR  A  PERIOD  OF  TWO YEARS, AND MAY BE RENEWED UPON
COMPLETION OF THE REQUIREMENTS OF THIS SECTION.
  10. NO PERSON SHALL SELL OR TRANSFER POSSESSION OF A  FIREARM  TO  ANY
PERSON WHO DOES NOT HOLD A FIREARMS SAFETY CERTIFICATE.
  11. A FIREARMS SAFETY CERTIFICATE SHALL BE REVOKED:
  (A) FOR THE VIOLATION OF ANY PROVISION OF LAW RELATING TO FIREARMS;
  (B) FOR FRAUD, MISREPRESENTATION OR BRIBERY IN THE APPLICATION FOR AND
ISSUANCE OF THE FIREARMS SAFETY CERTIFICATE;
  (C) IF THE HOLDER IS DISQUALIFIED FROM POSSESSING A FIREARM; OR
  (D)  THE  OCCURRENCE OF ANY CIRCUMSTANCE WHICH WOULD HAVE DISQUALIFIED
THE HOLDER FROM BEING ISSUED A FIREARMS SAFETY CERTIFICATE.
  12. THIS SECTION SHALL NOT APPLY TO:
  (A) POLICE OFFICERS AS DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION
1.20  OF THE CRIMINAL PROCEDURE LAW, OR RETIRED POLICE OFFICER, WHO UPON
SEPARATION FROM A LAW ENFORCEMENT AGENCY  WAS  IMMEDIATELY  ENTITLED  TO
RECEIVE  RETIREMENT BENEFITS PURSUANT TO THE RETIREMENT AND SOCIAL SECU-
RITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
  (B) PEACE OFFICERS AS DEFINED IN SECTION 2.10 OF THE  CRIMINAL  PROCE-
DURE LAW;
  (C)  LICENSED  MANUFACTURERS, TRANSPORTERS AND SELLERS OF FIREARMS WHO
POSSESS SUCH WEAPONS FOR PURPOSES OF WHOLESALE OR  RETAIL  SALES,  WHILE
ENGAGED IN THE SCOPE OF THEIR LICENSED ACTIVITIES;
  (D) NONRESIDENTS OF THE STATE PARTICIPATING IN ANY LAWFUL RECREATIONAL
FIREARMS  RELATED  ACTIVITY, AND WHILE IN THE COURSE OF TRAVELING TO AND
FROM SUCH RECREATION ACTIVITY; OR
  (E) ANY PERSON WHO TEMPORARILY POSSESSES A FIREARM IN THE RESIDENCE OR
PLACE OF BUSINESS OF THE HOLDER OF A FIREARMS  SAFETY  CERTIFICATE,  AND
SUCH  POSSESSION  OCCURS  IN  THE  COURSE OF USING DEADLY PHYSICAL FORCE
AUTHORIZED BY ARTICLE THIRTY-FIVE OF THIS CHAPTER.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the provisions of subdivision 9 of section 265.01 of the penal law,
as added by section one of this act, and subdivision 2 of section 400.15
of the penal law, as added by section two of this act, shall  not  apply
to any person who possesses a firearm on the effective date of this act,
until the ninetieth day after such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.