NY State Senate Bill 2013-S3922

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 08, 2014	referred to codes
Feb 27, 2013	referred to codes

2013-S3922 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.20, 265.10, 400.00, 265.03 & 265.01, add §400.04, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S6784

2013-S3922 (ACTIVE) - Summary

Creates a process for the issuance of a temporary permit to carry or possess a pistol or revolver for persons who are not residents of the state of New York; provides an affirmative defense to possession of a loaded firearm by certain persons and provides reciprocity for persons licensed in other states.

2013-S3922 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3922

TITLE OF BILL:  An act to amend the penal law, in relation to
possession of a pistol or revolver

PURPOSE:  To provide reciprocity to non-resident licensed gun owners
in New York State and to provide a mechanism to allow tourists and
visitors to this state and to bring their legal guns with them as they
travel in, or through, New York State and to protect unwary visitors
from prosecution where such visitors are otherwise law abiding, pose
no danger and are simply not aware of our strict possession laws.

SUMMARY OF PROVISIONS:

Section One - amends Penal Law § 265.20 by extending the exemption
from prosecution for illegal possession of a firearm to include
holders of a temporary pistol permit.

Section Two - amends Penal Law § 265.20 by adding a new subdivision
"e" which allows a nonresident of New York State, who is duly licensed
to carry a concealed firearm in New York State, provided that such
person complies with the laws of the home state and is subject to the
same conditions and limitations (except as to eligibility to possess
or carry) imposed on the New York State residents by federal or New
York State law. In addition, such persons must carry a specified,
photo ID and not have an intent to use the firearm for an illegal

purpose.  Should the non-resident become a New York State resident
this subdivision would no longer apply.

Section Three - amends Penal Law § 400.00 to authorize the issuance of
a temporary pistol permit.

Section Four - amends Penal Law Article 400 by adding a new section
400.04 which outlines the eligibility and the procedure for acquiring
a temporary pistol permit This section provides an avenue for
non-residents of New York State, who do not live in a state which
issues permits to possess or carry a concealed firearm, to be able to
legally carry a firearm which is legal in their home state, in New
York State on a temporary basis.

Section Five - amends Penal Law § 265.10 by adding a new subdivision
2-a, which codifies into New York State Law, federal law regarding the
ability to legally transport a firearm through New York State under
certain circumstances.

Section Six - amends Penal Law § 265.03 to provide for an affirmative
defense to the penal law crime of possession of a loaded firearm under
the laws of his or her home state, or where a resident of New York
State is licensed to possess and carry such firearm in New York State,
but only if this is a first offense.

Section Seven - amends Penal Law § 265.01 to provide for an
affirmative defense to the penal law crime of possession of a firearm,
where a nonresident is authorized to possess and carry such firearm
under the laws of his or her home state, or where a resident of New


York State is licensed to possess and carry such firearms in New York
State, but only if this is a first offense.

Section Eight - is the effective date.

JUSTIFICATION:  This legislation will provide reciprocity and Second
Amendment constitutional freedoms for law-abiding gun owners traveling
to New York from other states. Under this legislation, non-residents,
may possess and carry a concealed firearm in New York State, if they
are in possession of a valid permit issued by another state, carry a
valid photo identification document and do not have any intent to use
their firearm for an illegal purpose.

Second, this legislation would establish a process to allow for
temporary licenses to carry or possess a firearm in New York state for
residents of other states, which do not require a license or permit to
possess or carry a firearm.

Third, this legislation would provide protection to all law-abiding
gun owners from other states or licensed New York State residents by
creating an affirmative defense to a charge of possession of a
firearm, if the person has not previously been charged with possession
of a firearm.

Two recent incidents demonstrate the urgent need to change the New
York law to protect law abiding gun owners. Meredith Graves is
currently facing at least 3 1/2 years on a felony gun possession
charge after voluntarily trying to check her gun at the National 911
Memorial. Meredith Graves had a valid and legal permit to carry the
gun in Tennessee and showed no intent to commit a crime Ryan Jerome, a
United States Marine, who has a valid Indiana concealed carry permit,
is facing the same minimum 3 1/2 year sentence after attempting to
check his weapon at the Empire State Building.

This legislation is necessary to protect Second Amendment rights by
ensuring that law-abiding gun owners visiting New York are not
punished for mistakenly violating state gun possession laws. This
legislation will require New York State to honor other states gun
permits, allow for temporary licenses for residents of states which do
not issue gun permits, and create an affirmative defense to the charge
of possession of a firearm for individuals like Meredith Graves and
Ryan Jerome who unknowingly violated New York gun laws, while visiting
the state.

LEGISLATIVE HISTORY: 03/21/12 Referred to codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:.  This act shall take effect on the ninetieth day
after it shall have become a law with provisions.

2013-S3922 (ACTIVE) - Bill Text download pdf

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

                                  3922

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

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 possession of a pistol  or
  revolver

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

  Section 1. Paragraph 3 of subdivision a of section 265.20 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read  as
follows:
  3. Possession of a pistol or revolver by a person to whom a license OR
TEMPORARY  LICENSE  therefor  has  been issued as provided under section
400.00 [or], 400.01 OR 400.04 of this chapter or possession of a  weapon
as  defined in paragraph (e) or (f) of subdivision twenty-two of section
265.00 of this article which is registered pursuant to paragraph (a)  of
subdivision  sixteen-a  of section 400.00 of this chapter or is included
on an amended license issued pursuant to section 400.00 of this chapter.
In the event such license is revoked, other than because  such  licensee
is  no  longer  permitted  to  possess a firearm, rifle or shotgun under
federal or state law, information sufficient to satisfy the requirements
of subdivision sixteen-a of section 400.00 of  this  chapter,  shall  be
transmitted  by  the licensing officer to the state police, in a form as
determined by the superintendent  of  state  police.  Such  transmission
shall  constitute  a  valid  registration  under  such  section. Further
provided, notwithstanding any other section of this title, a failure  to
register  such  weapon by an individual who possesses such weapon before
the enactment of the chapter of the laws of two thousand thirteen  which
amended  this  paragraph  and may so lawfully possess it thereafter upon
registration, shall only be subject to punishment pursuant to  paragraph
(c)  of  subdivision  sixteen-a  of  section  400.00  of  this  chapter;
provided, that such a license  or  registration  shall  not  preclude  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07367-02-3

S. 3922                             2

conviction  for  the  offense  defined  in  subdivision three of section
265.01 of this article or section 265.01-a of this article.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
  E.  1. A NONRESIDENT OF THE STATE WHO IS NOT PROHIBITED BY FEDERAL LAW
FROM POSSESSING A FIREARM MAY POSSESS AND CARRY A  CONCEALED  PISTOL  OR
REVOLVER ANYWHERE WITHIN THE STATE IF SUCH PERSON:
  (A)  IS  IN  POSSESSION OF A VALID PERMIT TO CARRY A CONCEALED FIREARM
ISSUED TO SUCH NONRESIDENT OF THE STATE PURSUANT TO  THE  LAWS  OF  SUCH
PERSON'S STATE OF RESIDENCE; AND
  (B)  IS  IN  COMPLIANCE WITH THE TERMS OF ITS ISSUANCE IN THE STATE OF
ITS ISSUE, BUT ONLY TO THE EXTENT THAT THE TERMS OF ISSUANCE COMPLY WITH
ANY APPROPRIATE LAWS OF THIS STATE; AND
  (C) IS CARRYING A VALID IDENTIFICATION DOCUMENT  CONTAINING  A  PHOTO-
GRAPH OF THE PERSON; AND
  (D)  DOES  NOT  HAVE  ANY INTENT TO USE SUCH PISTOL OR REVOLVER FOR AN
ILLEGAL PURPOSE; AND
  (E) IS SUBJECT TO THE SAME CONDITIONS AND LIMITATIONS,  EXCEPT  AS  TO
ELIGIBILITY  TO  POSSESS  OR CARRY, IMPOSED BY OR UNDER FEDERAL OR STATE
LAW OR THE LAW OF A POLITICAL SUBDIVISION OF THIS STATE, THAT  APPLY  TO
THE  POSSESSION  OR  CARRYING OF A CONCEALED PISTOL OR REVOLVER BY RESI-
DENTS OF THE STATE OR POLITICAL SUBDIVISION  WHO  ARE  LICENSED  BY  THE
STATE  OR POLITICAL SUBDIVISION TO DO SO, OR NOT PROHIBITED BY THE STATE
FROM DOING SO.
  2. IF THE HOLDER OF SUCH A NONRESIDENT PERMIT  TO  CARRY  A  CONCEALED
FIREARM  BECOMES,  AT  ANY  TIME,  A  LEGAL  RESIDENT OF THIS STATE, THE
PROVISIONS OF THIS SUBDIVISION SHALL NO LONGER APPLY.
  3. AS USED IN THIS  SUBDIVISION  THE  TERM  "IDENTIFICATION  DOCUMENT"
MEANS  A DOCUMENT MADE OR ISSUED BY OR UNDER THE AUTHORITY OF THE UNITED
STATES GOVERNMENT, A STATE OR A POLITICAL SUBDIVISION OF A STATE  WHICH,
WHEN  COMPLETED  WITH INFORMATION CONCERNING A PARTICULAR INDIVIDUAL, IS
OF A TYPE INTENDED OR COMMONLY ACCEPTED FOR THE PURPOSE  OF  IDENTIFICA-
TION OF INDIVIDUALS.
  S 3. Section 400.00 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
  2-A.  TEMPORARY  LICENSE.  A  TEMPORARY  LICENSE TO POSSESS OR CARRY A
PISTOL OR REVOLVER, OTHER THAN AN ASSAULT  WEAPON  OR  A  DISGUISED  GUN
SHALL BE ISSUED TO:
  (A)  A  HOUSEHOLDER  TO  HAVE AND POSSESS IN HIS OR HER DWELLING WHERE
SUCH HOUSEHOLDER IS ELIGIBLE PURSUANT TO SECTION 400.04 OF THIS ARTICLE;
OR
  (B) HAVE AND CARRY, WITHOUT REGARD TO  PLACE  OF  POSSESSION,  BY  ANY
PERSON  WHEN  A  LEGAL PURPOSE EXISTS FOR THE ISSUANCE THEREOF AND WHERE
SUCH PERSON IS ELIGIBLE PURSUANT TO SUBDIVISION ONE OF SECTION 400.04 OF
THIS ARTICLE.
  S 4. The penal law is amended by adding a new section 400.04  to  read
as follows:
S 400.04 TEMPORARY LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER.
  1.  ELIGIBILITY. A PERSON IS ELIGIBLE FOR A TEMPORARY LICENSE TO CARRY
OR POSSESS A FIREARM IN THE STATE WHERE:
  (A) SUCH PERSON IS DOMICILED IN A STATE OF  THE  UNITED  STATES  WHICH
DOES  NOT  REQUIRE  A  LICENSE OR PERMIT TO POSSESS OR CARRY A PISTOL OR
REVOLVER, PROVIDED THAT SUCH PERSON SHALL COMPLY WITH  THE  REQUIREMENTS
SET  FORTH  IN  PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION ONE OF SECTION
400.00 OF THIS ARTICLE AND THAT THERE IS NO GOOD CAUSE FOR THE DENIAL OF
THE LICENSE; OR

S. 3922                             3

  (B) SUCH PERSON HAS A PISTOL OR REVOLVER LICENSE OR PERMIT  ISSUED  IN
ACCORDANCE WITH THE LAWS OF THE STATE OF ISSUANCE, WHERE THAT STATE IS A
STATE OF THE UNITED STATES WHICH IS A JURISDICTION THAT DOES NOT AUTHOR-
IZE  SUCH  LICENSE  OR  REGISTRATION BY A PERSON WHO HAS BEEN PREVIOUSLY
CONVICTED  OF  A FELONY; PROVIDED THAT SUCH PERSON SHALL COMPLY WITH THE
REQUIREMENTS SET FORTH IN PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION  ONE
OF  SECTION  400.00 OF THIS ARTICLE AND WHERE THERE IS NO GOOD CAUSE FOR
THE DENIAL OF THE LICENSE; OR
  (C) SUCH PERSON IS LICENSED IN A STATE OF THE UNITED STATES WHICH IS A
JURISDICTION THAT ALLOWS LICENSING BY A PERSON WHO HAS  BEEN  PREVIOUSLY
CONVICTED  OF  A  FELONY, PROVIDED THAT SUCH PERSON MUST COMPLY WITH THE
REQUIREMENTS SET FORTH IN PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION  ONE
OF  SECTION  400.00  OF  THIS ARTICLE AND THERE IS NO GOOD CAUSE FOR THE
DENIAL OF THE LICENSE.
  NOTHING IN THIS SECTION REQUIRES THE GRANTING OF A TEMPORARY PISTOL OR
REVOLVER LICENSE TO ANY PERSON WHO HAS PREVIOUSLY BEEN  CONVICTED  OF  A
FELONY OR OF A CRIME WHICH, IF COMMITTED IN THIS STATE, WOULD BE A FELO-
NY,  NOTWITHSTANDING THAT THE JURISDICTION IN WHICH SUCH PERSON IS DOMI-
CILED ALLOWS LICENSING BY SUCH PERSON.
  2. APPLICATIONS.  (A) APPLICATIONS FOR A TEMPORARY LICENSE TO CARRY OR
POSSESS A PISTOL OR REVOLVER SHALL BE MADE  TO  THE  DIVISION  OF  STATE
POLICE  AND  THE  LICENSING OFFICER SHALL BE THE SUPERINTENDENT OF STATE
POLICE.
  (B) THE APPLICATION FOR SUCH TEMPORARY LICENSE SHALL BE APPROVED AS TO
FORM BY THE SUPERINTENDENT OF STATE POLICE AND SHALL STATE:
  (I) THE NUMBER OF DAYS FOR WHICH THE  TEMPORARY  LICENSE  WILL  BE  IN
EFFECT,  INCLUDING THE EXACT RANGE OF DATES IT WILL BE IN EFFECT, EXCEPT
THAT SUCH TIME PERIOD SHALL NOT EXCEED NINETY DAYS.
  (II) THE FULL NAME, DATE OF BIRTH,  ADDRESS  OF  PERMANENT  RESIDENCE,
PLACE  OF TEMPORARY RESIDENCE WHILE IN THE STATE, AND PRESENT OCCUPATION
OF THE APPLICANT.
  (III) WHETHER OR NOT THE APPLICANT IS A CITIZEN OF THE UNITED STATES.
  (IV) WHETHER OR NOT THE APPLICANT COMPLIES WITH EACH  REQUIREMENT  FOR
ELIGIBILITY  SPECIFIED  IN  SUBDIVISION  ONE  OF  THIS SECTION INCLUDING
DOCUMENTATION REGARDING OTHER STATE LICENSES; AND
  (V) SUCH OTHER FACTS AS MAY BE REQUIRED TO SHOW  THE  GOOD  CHARACTER,
COMPETENCY AND INTEGRITY OF EACH APPLICANT.
  (C) THE BLANK APPLICATION FORM SHALL BE MADE AVAILABLE ON THE DIVISION
OF STATE POLICE WEBSITE.
  (D)  THE  APPLICATION  SHALL  BE SIGNED AND VERIFIED BY THE APPLICANT.
EACH INDIVIDUAL SIGNING AN APPLICATION SHALL SUBMIT  ONE  PHOTOGRAPH  OF
HIMSELF  OR HERSELF AND A DUPLICATE FOR EACH REQUIRED COPY OF THE APPLI-
CATION. SUCH PHOTOGRAPHS SHALL BE TWO INCHES SQUARE AND SHALL HAVE  BEEN
TAKEN WITHIN THIRTY DAYS PRIOR TO SUBMITTING THE APPLICATION.
  (E) THE LICENSING OFFICER SHALL, NO LATER THAN TEN BUSINESS DAYS AFTER
SUCH  SUBMISSION,  CONDUCT  AN  INVESTIGATION AND ASCERTAIN ANY PREVIOUS
CRIMINAL RECORD OF THE APPLICANT PURSUANT TO SUBDIVISION  FOUR  OF  THIS
SECTION.
  (F)  NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THIS INVESTI-
GATION, THE SUPERINTENDENT OF STATE POLICE SHALL DETERMINE IF THE APPLI-
CANT HAS BEEN PREVIOUSLY DENIED A LICENSE, BEEN CONVICTED OF  A  FELONY,
OR BEEN CONVICTED OF A SERIOUS OFFENSE, AND EITHER APPROVE OR DISAPPROVE
THE  APPLICATION FOR A TEMPORARY PISTOL LICENSE BASED UPON SUCH DETERMI-
NATIONS AND SHALL ISSUE THE LICENSE TO THE APPLICANT WITHIN TEN DAYS  OF
SUCH DETERMINATION.

S. 3922                             4

  (G)  APPLICATIONS  SHALL  BE PROCESSED IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SUBDIVISIONS FOUR-A AND FOUR-B OF SECTION 400.00 OF THIS  ARTI-
CLE, EXCEPT THAT WHERE THE APPLICANT'S ELIGIBILITY IS BASED ON PARAGRAPH
(B)  OF  SUBDIVISION  ONE OF THIS SECTION SUCH APPLICATION MUST BE PROC-
ESSED AND THE INVESTIGATION COMPLETED WITHIN SIXTY DAYS OF SUBMISSION OF
THE APPLICATION TO THE LICENSING OFFICER.
  (H)  APPROVED APPLICATIONS SHALL BE MAINTAINED ON FILE BY THE DIVISION
OF STATE POLICE AFTER ISSUANCE OF THE LICENSE.
  3. INVESTIGATIONS. THE INVESTIGATION REQUIRED FOR ISSUANCE OF A TEMPO-
RARY LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER SHALL BE CONDUCTED
IN THE SAME MANNER AND UPON THE SAME TERMS AND  CONDITIONS  AS  INVESTI-
GATIONS  REQUIRED FOR LICENSES ISSUED PURSUANT TO SECTION 400.00 OF THIS
ARTICLE PROVIDED, HOWEVER, THE RESULTS SHALL BE PROVIDED TO  THE  SUPER-
INTENDENT OF STATE POLICE IN HIS OR HER CAPACITY AS LICENSING OFFICER.
  4. LICENSE FORM, DURATION AND VALIDITY.  (A) ANY LICENSE ISSUED PURSU-
ANT  TO  THIS  SECTION SHALL BE IN ACCORDANCE WITH THE FORM SET FORTH IN
SUBDIVISION SEVEN OF SECTION 400.00 OF THIS ARTICLE.
  (B) ANY LICENSE  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL  BE  VALID
THROUGHOUT  THE STATE EXCEPT WHERE IT WOULD BE LIMITED BY THE PROVISIONS
OF SUBDIVISION SIX OF SECTION 400.00 OF THIS ARTICLE.
  (C) IN NO INSTANCE SHALL THE DURATION OF A  TEMPORARY  LICENSE  EXCEED
NINETY DAYS.
  (D)  THE  TEMPORARY LICENSE SHALL, IN AT LEAST 16 POINT FONT, INDICATE
THAT IT IS A TEMPORARY LICENSE AND INDICATE THE EXPIRATION DATE OF  SUCH
TEMPORARY LICENSE.
  (E) A TEMPORARY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED
OR  SUSPENDED  ON THE SAME TERMS AND UNDER THE SAME CIRCUMSTANCES AS SET
FORTH IN SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS ARTICLE.
  5. FEES. THE SUPERINTENDENT OF STATE POLICE SHALL FIX A LICENSING  FEE
TO  BE  CHARGED  FOR A TEMPORARY LICENSE TO CARRY OR POSSESS A PISTOL OR
REVOLVER BASED ON THE EXPENSE OF CARRYING OUT  THE  PROVISIONS  OF  THIS
SECTION. SUCH FEE MAY BE ADJUSTED BY THE SUPERINTENDENT OF STATE POLICE,
ON  AN  ANNUAL  BASIS, WHERE NECESSARY TO ENSURE THAT THE LICENSING FEES
ADEQUATELY COVER THE EXPENSE OF CARRYING  OUT  THE  PROVISIONS  OF  THIS
SECTION WITHOUT SIGNIFICANTLY EXCEEDING SUCH COSTS.
  6.  ANY  VIOLATION BY ANY PERSON OF ANY PROVISION OF THIS SECTION IS A
CLASS A MISDEMEANOR.
  7. APPLICABILITY OF SECTION. THE PROVISIONS  OF  ARTICLE  TWO  HUNDRED
SIXTY-FIVE  OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A FIREARM,
SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
SECTION BY A  PERSON  HOLDING  AN  OTHERWISE  VALID  LICENSE  UNDER  THE
PROVISIONS  OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE AS
A CLASS A MISDEMEANOR PURSUANT TO THIS SECTION.
  S 5. Section 265.10 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF ANY  LAW,  RULE  OR  REGU-
LATION OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, ANY PERSON WHO
IS  NOT  OTHERWISE PROHIBITED BY FEDERAL LAW FROM TRANSPORTING, SHIPPING
OR RECEIVING A FIREARM SHALL BE ENTITLED TO TRANSPORT A FIREARM FOR  ANY
LAWFUL  PURPOSE  THROUGH  THIS  STATE FROM ANY PLACE WHERE HE OR SHE MAY
LAWFULLY POSSESS AND CARRY SUCH FIREARM TO ANY OTHER PLACE WHERE  HE  OR
SHE  MAY  LAWFULLY POSSESS AND CARRY SUCH FIREARM IF, DURING SUCH TRANS-
PORTATION THE FIREARM IS UNLOADED, AND NEITHER THE FIREARM NOR ANY AMMU-
NITION BEING TRANSPORTED IS READILY ACCESSIBLE OR IS DIRECTLY ACCESSIBLE
FROM THE PASSENGER COMPARTMENT OF SUCH TRANSPORTING  VEHICLE;  PROVIDED,
THAT,  IN  THE CASE OF A VEHICLE WITHOUT A COMPARTMENT SEPARATE FROM THE

S. 3922                             5

DRIVER'S COMPARTMENT THE FIREARM OR AMMUNITION SHALL BE CONTAINED  IN  A
LOCKED CONTAINER OTHER THAN THE GLOVE COMPARTMENT OR CONSOLE.
  S  6.  Subdivision 3 of section 265.03 of the penal law, as amended by
chapter 745 of the laws of 2006, is amended to read as follows:
  (3) such person possesses any loaded firearm.  Such  possession  shall
not, except as provided in subdivision one or seven of section 265.02 of
this  article,  constitute  a  violation  of  this  subdivision  if such
possession takes place in such person's home or place of business.    IT
SHALL  BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS SUBDIVISION THAT
SUCH PERSON IS A NONRESIDENT OF THIS STATE WHO  IS  DULY  AUTHORIZED  TO
CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON
IS  A  RESIDENT  OF THIS STATE WHO IS DULY LICENSED TO CARRY A PISTOL OR
REVOLVER, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN  CHARGED  WITH  ANY
VIOLATION OF THIS SECTION.
  S 7. Section 265.01 of the penal law is amended by adding a new undes-
ignated paragraph to read as follows:
  IT  SHALL  BE  AN  AFFIRMATIVE  DEFENSE TO A CHARGE OF POSSESSION OF A
FIREARM UNDER SUBDIVISION ONE OF THIS SECTION IF SUCH  POSSESSION  OF  A
FIREARM  IS  BY  A  NONRESIDENT OF THIS STATE WHO IS AUTHORIZED TO CARRY
SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS  A
RESIDENT  OF THIS STATE WHO IS DULY LICENSED TO CARRY A PISTOL OR REVOL-
VER IN THIS STATE, AND IF SUCH PERSON HAS NOT  PREVIOUSLY  BEEN  CHARGED
WITH POSSESSION OF A FIREARM UNDER THIS SECTION.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that if section 46 of chapter 1 of
the laws of 2013 shall not have taken effect on or before the  effective
date  of this act, then section one of this act shall take effect on the
same date and in the same  manner  as  such  section  46  takes  effect;
provided,  further, however, that if section 40 of chapter 1 of the laws
of 2013 shall not have taken effect on or before the effective  date  of
this  act,  then section seven of this act shall take effect on the same
date and in the same manner as such section 40 takes effect.

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Senate Bill S3922

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S3922 (ACTIVE) - Summary

2013-S3922 (ACTIVE) - Sponsor Memo

2013-S3922 (ACTIVE) - Bill Text download pdf

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Sponsored By

Greg Ball

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S3922 (ACTIVE) - Details

2013-S3922 (ACTIVE) - Summary

2013-S3922 (ACTIVE) - Sponsor Memo

2013-S3922 (ACTIVE) - Bill Text download pdf

Comments