S T A T E O F N E W Y O R K
________________________________________________________________________
4390
2013-2014 Regular Sessions
I N A S S E M B L Y
February 4, 2013
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Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
AUBRY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to requiring proof of liabil-
ity insurance prior to the issuance of a license to carry a firearm
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 400.00 of penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi-
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who has stated whether he
or she has ever suffered any mental illness or been confined to any
hospital or institution, public or private, for mental illness; (e) who
has not had a license revoked or who is not under a suspension or inel-
igibility order issued pursuant to the provisions of section 530.14 of
the criminal procedure law or section eight hundred forty-two-a of the
family court act; (f) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced by a certif-
icate of completion issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized instructor, except
that: (i) persons who are honorably discharged from the United States
army, navy, marine corps or coast guard, or of the national guard of the
state of New York, and produce evidence of official qualification in
firearms during the term of service are not required to have completed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00099-02-3
A. 4390 2
those hours of a firearms safety course pertaining to the safe use,
carrying, possession, maintenance and storage of a firearm; and (ii)
persons who were licensed to possess a pistol or revolver prior to the
effective date of this paragraph are not required to have completed a
firearms safety course and test; [and] (g) WHO SUBMITS PROOF OF PERSONAL
LIABILITY INSURANCE; AND (H) concerning whom no good cause exists for
the denial of the license. No person shall engage in the business of
gunsmith or dealer in firearms unless licensed pursuant to this section.
An applicant to engage in such business shall also be a citizen of the
United States, more than twenty-one years of age and maintain a place of
business in the city or county where the license is issued. For such
business, if the applicant is a firm or partnership, each member thereof
shall comply with all of the requirements set forth in this subdivision
and if the applicant is a corporation, each officer thereof shall so
comply.
S 2. Subdivision 1 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi-
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user of or addicted to any
controlled substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States under a nonimmigrant visa
subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her
citizenship; (i) who has stated whether he or she has ever suffered any
mental illness; (j) who has not been involuntarily committed to a facil-
ity under the jurisdiction of an office of the department of mental
hygiene pursuant to article nine or fifteen of the mental hygiene law,
article seven hundred thirty or section 330.20 of the criminal procedure
law, section four hundred two or five hundred eight of the correction
law, section 322.2 or 353.4 of the family court act, or has not been
civilly confined in a secure treatment facility pursuant to article ten
of the mental hygiene law; (k) who has not had a license revoked or who
is not under a suspension or ineligibility order issued pursuant to the
provisions of section 530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act; (l) in the county of
Westchester, who has successfully completed a firearms safety course and
test as evidenced by a certificate of completion issued in his or her
name and endorsed and affirmed under the penalties of perjury by a duly
authorized instructor, except that: (i) persons who are honorably
discharged from the United States army, navy, marine corps or coast
guard, or of the national guard of the state of New York, and produce
evidence of official qualification in firearms during the term of
service are not required to have completed those hours of a firearms
safety course pertaining to the safe use, carrying, possession, mainte-
nance and storage of a firearm; and (ii) persons who were licensed to
A. 4390 3
possess a pistol or revolver prior to the effective date of this para-
graph are not required to have completed a firearms safety course and
test; (m) who has not had a guardian appointed for him or her pursuant
to any provision of state law, based on a determination that as a result
of marked subnormal intelligence, mental illness, incapacity, condition
or disease, he or she lacks the mental capacity to contract or manage
his or her own affairs; [and] (n) WHO SUBMITS PROOF OF PERSONAL LIABIL-
ITY INSURANCE; AND (O) concerning whom no good cause exists for the
denial of the license. No person shall engage in the business of
gunsmith or dealer in firearms unless licensed pursuant to this section.
An applicant to engage in such business shall also be a citizen of the
United States, more than twenty-one years of age and maintain a place of
business in the city or county where the license is issued. For such
business, if the applicant is a firm or partnership, each member thereof
shall comply with all of the requirements set forth in this subdivision
and if the applicant is a corporation, each officer thereof shall so
comply.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply to
licenses issued or renewed on or after such date; provided that the
amendments to subdivision 1 of section 400.00 of the penal law made by
section two of this act shall take effect on the same date and in the
same manner as section 48 of chapter 1 of the laws of 2013, takes
effect.