S T A T E O F N E W Y O R K
________________________________________________________________________
5264
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. BALL -- 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 and
possess firearms for retired police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 400.01 of the penal law, as added by chapter 210 of
the laws of 1999, is amended to read as follows:
S 400.01 License to carry and possess firearms for retired [sworn
members of the division of state police] POLICE OFFICERS.
1. A license to carry or possess a firearm for a retired [sworn member
of the division of state police] POLICE OFFICER, AS DEFINED IN SUBDIVI-
SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, shall be
granted in the same manner and upon the same terms and conditions as
licenses issued under section 400.00 of this article provided, however,
that applications for such license shall be made to, and the licensing
officer shall be, the superintendent of state police AND SUCH LICENSE
SHALL AUTHORIZE THE LICENSEE TO CARRY AND POSSESS FIREARMS WITHIN EVERY
COUNTY AND CITY IN THIS STATE.
2. For purposes of this section, a "retired [sworn member of the divi-
sion of state police] POLICE OFFICER" shall mean a former [sworn member
of the division of state police] POLICE OFFICER, AS DEFINED IN SUBDIVI-
SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, who upon
separation from [the division of state police] A LAW ENFORCEMENT AGENCY
was immediately entitled to receive retirement benefits under the
provisions of the retirement and social security law OR THE ADMINISTRA-
TIVE CODE OF THE CITY OF NEW YORK.
3. The provisions of this section shall only apply to license applica-
tions made or renewals which must be made on or after the effective date
of this section. A license to carry or possess a pistol or revolver
issued pursuant to the provisions of section 400.00 of this article to a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11368-01-1
S. 5264 2
person covered by the provisions of this section shall be valid until
such license would have expired pursuant to the provisions of section
400.00 of this article; provided that, on or after the effective date of
this section, an application or renewal of such license shall be made
pursuant to the provisions of this section.
4. Except for the designation of the superintendent of state police as
the licensing officer for retired [sworn members of the division of
state police] POLICE OFFICERS AND THE AUTHORIZATION TO CARRY AND POSSESS
FIREARMS IN EVERY COUNTY AND CITY IN THIS STATE, all of the provisions
and requirements of section 400.00 of this article and any other
provision of law shall be applicable to individuals licensed pursuant to
this section. In addition all provisions of section 400.00 of this arti-
cle, except for the designation of the superintendent of state police as
licensing officer AND THE AUTHORIZATION TO CARRY AND POSSES FIREARMS IN
EVERY COUNTY AND CITY IN THIS STATE are hereby deemed applicable to
individuals licensed pursuant to this section.
S 2. This act shall take effect immediately.