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

                                  7598

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M.  of  A.  MORELLE, ABBATE, SCARBOROUGH, COOK, GUNTHER,
  ROBERTS,  GABRYSZAK,  MAISEL,  SCHIMMINGER,  SIMANOWITZ,  SKOUFIS   --
  Multi-Sponsored  by  --  M. of A.  ARROYO, MAGEE, McDONALD, SKARTADOS,
  SOLAGES, TITONE, WEISENBERG -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to retired sworn  members  of
  the  state  police  who  have opted to make an application to obtain a
  license to carry or possess a firearm

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

  Section  1.  Paragraph  7-b  of subdivision a of section 265.20 of the
penal law, as amended by chapter 210 of the laws of 1999, is amended  to
read as follows:
  7-b.  Possession and use, at an indoor or outdoor pistol range located
in or on premises owned or occupied by a duly incorporated  organization
organized  for  conservation  purposes or to foster proficiency in small
arms or at a target pistol shooting competition under the auspices of or
approved by the national rifle association for the  purpose  of  loading
and  firing  the  same,  by  a  person  who has applied for a license to
possess a pistol or revolver and pre-license possession of same pursuant
to section 400.00 or 400.01 of this chapter, who has not been previously
denied a license, been previously  convicted  of  a  felony  or  serious
offense, and who does not appear to be, or pose a threat to be, a danger
to  himself  or  to others, and who has been approved for possession and
use herein in accordance with section 400.00 or 400.01 of this  chapter;
provided  however, that such possession shall be of a pistol or revolver
duly licensed to and shall be used under the supervision,  guidance  and
instruction  of,  a person specified in paragraph seven of this subdivi-
sion and provided further that such possession and  use  be  within  the
jurisdiction  of  the  licensing  officer  with whom the person has made
application therefor or within the jurisdiction of the superintendent of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10960-01-3
              

A. 7598                             2

state police in the case of a retired sworn member of  the  division  of
state  police  who  has  [made] OPTED TO MAKE an application pursuant to
section 400.01 of this chapter.
  S 2. Subdivisions 1 and 4 of section 400.01 of the penal law, as added
by chapter 210 of the laws of 1999, is amended to read as follows:
  1.  A license to carry or possess a firearm for a retired sworn member
of the division of state police 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]  MAY  be made to, and the licensing officer [shall] MAY
be, the superintendent of state police.
  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 WHO HAVE OPTED TO OBTAIN SUCH LICENSE UNDER THIS SECTION, 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 article, except for the designation  of  the  superintendent  of
state  police as licensing officer are hereby deemed applicable to indi-
viduals licensed pursuant to this section.
  S 3. This act shall take effect immediately.