The New York State Senate

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

                                 6356--A
                                                        Cal. No. 165

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2013
                               ___________

Introduced  by  M.  of  A.  LENTOL,  ABBATE, CYMBROWITZ, RAMOS, SKOUFIS,
  SANTABARBARA, RABBITT,  BUCHWALD,  RUSSELL,  WEPRIN,  BRINDISI,  GRAF,
  SCHIMEL,  LUPINACCI,  TENNEY  --  Multi-Sponsored by -- M. of A. RA --
  read once and referred to the Committee  on  Codes  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

AN  ACT  to  amend  the  penal  law,  in relation to exempting qualified
  retired law enforcement officers from certain limitations  related  to
  the possession of firearms

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

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 25 to read as follows:
  25.  "QUALIFIED  RETIRED  NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER"
MEANS AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER AS POLICE OFFICER IS
DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW,  A  RETIRED PEACE OFFICER AS PEACE OFFICER IS DEFINED IN
SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW  OR  A  RETIRED  FEDERAL  LAW
ENFORCEMENT  OFFICER  AS  FEDERAL  LAW ENFORCEMENT OFFICER IS DEFINED IN
SECTION 2.15 OF THE CRIMINAL PROCEDURE  LAW,  WHO:  (A)  SEPARATED  FROM
SERVICE  IN GOOD STANDING FROM A PUBLIC AGENCY LOCATED IN NEW YORK STATE
IN WHICH SUCH PERSON SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR
FEDERAL LAW ENFORCEMENT OFFICER; AND (B)  BEFORE  SUCH  SEPARATION,  WAS
AUTHORIZED  BY  LAW TO ENGAGE IN OR SUPERVISE THE PREVENTION, DETECTION,
INVESTIGATION, OR PROSECUTION OF, OR THE  INCARCERATION  OF  ANY  PERSON
FOR,  ANY VIOLATION OF LAW, AND HAD STATUTORY POWERS OF ARREST, PURSUANT
TO THEIR OFFICIAL DUTIES, UNDER THE CRIMINAL PROCEDURE LAW; AND (C)  (I)
BEFORE SUCH SEPARATION, SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER
OR  FEDERAL  LAW  ENFORCEMENT  OFFICER FOR FIVE YEARS OR MORE AND AT THE
TIME OF SEPARATION, IS SUCH AN OFFICER; OR (II) SEPARATED  FROM  SERVICE
WITH SUCH AGENCY, AFTER COMPLETING ANY APPLICABLE PROBATIONARY PERIOD OF

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

                                                           LBD10050-03-3

A. 6356--A                          2

SUCH  SERVICE,  DUE  TO A SERVICE-CONNECTED DISABILITY, AS DETERMINED BY
SUCH AGENCY AT OR BEFORE THE TIME OF SEPARATION; AND (D)(I) HAS NOT BEEN
FOUND BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY SUCH AGENCY TO  BE
UNQUALIFIED  FOR  REASONS  RELATING  TO  MENTAL  HEALTH; OR (II) HAS NOT
ENTERED INTO AN AGREEMENT WITH SUCH AGENCY FROM WHICH THE INDIVIDUAL  IS
SEPARATING  FROM SERVICE IN WHICH THAT INDIVIDUAL ACKNOWLEDGES HE OR SHE
IS NOT QUALIFIED FOR REASONS RELATING TO MENTAL HEALTH; AND (E)  IS  NOT
OTHERWISE  PROHIBITED  BY  NEW  YORK  OR FEDERAL LAW FROM POSSESSING ANY
FIREARM.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
  E. SUBDIVISION EIGHT OF SECTION 265.02 AND SECTIONS 265.36 AND  265.37
OF  THIS  CHAPTER  SHALL  NOT  APPLY  TO A QUALIFIED RETIRED NEW YORK OR
FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDIVISION TWENTY-FIVE OF
SECTION 265.00 OF THIS ARTICLE, WITH RESPECT TO LARGE  CAPACITY  AMMUNI-
TION FEEDING DEVICES ISSUED TO SUCH OFFICER OR PURCHASED BY SUCH OFFICER
IN THE COURSE OF HIS OR HER OFFICIAL DUTIES AND OWNED BY SUCH OFFICER AT
THE  TIME  OF  HIS OR HER RETIREMENT OR COMPARABLE REPLACEMENTS FOR SUCH
DEVICES, IF: (I) THE AGENCY THAT EMPLOYED  THE  OFFICER  QUALIFIED  SUCH
OFFICER IN THE USE OF THE WEAPON WHICH ACCEPTS SUCH DEVICE IN ACCORDANCE
WITH  APPLICABLE STATE OR FEDERAL STANDARDS FOR ACTIVE DUTY LAW ENFORCE-
MENT OFFICERS WITHIN TWELVE MONTHS PRIOR TO HIS OR HER  RETIREMENT;  AND
(II)  SUCH RETIRED OFFICER MEETS, AT HIS OR HER OWN EXPENSE, SUCH APPLI-
CABLE STANDARDS FOR SUCH WEAPON AT LEAST ONCE WITHIN THREE  YEARS  AFTER
HIS OR HER RETIREMENT DATE AND AT LEAST ONCE EVERY THREE YEARS THEREAFT-
ER,  PROVIDED,  HOWEVER,  THAT  ANY  SUCH QUALIFIED OFFICER WHO HAS BEEN
RETIRED FOR EIGHTEEN MONTHS OR MORE ON THE EFFECTIVE DATE OF THIS SUBDI-
VISION SHALL HAVE EIGHTEEN MONTHS FROM SUCH EFFECTIVE DATE TO QUALIFY IN
THE USE OF THE WEAPON WHICH ACCEPTS SUCH LARGE CAPACITY AMMUNITION FEED-
ING DEVICE ACCORDING TO THE PROVISIONS  OF  THIS  SUBDIVISION,  NOTWITH-
STANDING  THAT SUCH OFFICER DID NOT QUALIFY WITHIN THREE YEARS AFTER HIS
OR HER RETIREMENT DATE, PROVIDED THAT SUCH OFFICER IS  OTHERWISE  QUALI-
FIED AND MAINTAINS COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
  S 3. Subdivision 16-a of section 400.00 of the penal law is amended by
adding a new paragraph (a-1) to read as follows:
  (A-1)  NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED  IN  SUBDIVI-
SION  TWENTY-TWO  OF  SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH  WEAPON
WAS  ISSUED  TO  OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN
THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS
QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE  MONTHS
PRIOR  TO  HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY
DAYS OF RETIREMENT.
  S 4. This act shall take effect immediately; provided,  however,  that
section  three 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.