Senate Bill S520

                            
                    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.