assembly Bill A6356A

Signed By Governor
2013-2014 Legislative Session

Relates to exempting qualified retired law enforcement officers from certain limitations related to the possession of firearms

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 05, 2013 signed chap.98
Jul 02, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
ordered to third reading cal.1575
May 23, 2013 delivered to senate
passed assembly
May 01, 2013 amended on third reading 6356a
Apr 18, 2013 advanced to third reading cal.165
Apr 16, 2013 reported
Mar 25, 2013 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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A6356 - Bill Details

See Senate Version of this Bill:
S4536A
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.20 & 400.00, Pen L

A6356 - Bill Texts

view summary

Relates to exempting qualified retired law enforcement officers from certain limitations related to the possession of firearms.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6356

                       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 -- read once
  and referred to the Committee on Codes

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 TEN 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10050-02-3

A. 6356                             2

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  UNDER  THIS  SECTION  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: THE AGENCY THAT EMPLOYED THE  OFFICER  HAS  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
SUCH  RETIRED  OFFICER MEETS, AT HIS OR HER OWN EXPENSE, SUCH APPLICABLE
STANDARDS FOR SUCH WEAPON AT LEAST ONCE WITHIN THREE YEARS AFTER HIS  OR
HER RETIREMENT DATE AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER.
  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:
  (a) sections one and two of this act shall be deemed to have  been  in
full  force and effect on the same date as chapter 1 of the laws of 2013
took effect; and
  (b) 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.

Co-Sponsors

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A6356A (ACTIVE) - Bill Details

See Senate Version of this Bill:
S4536A
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.20 & 400.00, Pen L

A6356A (ACTIVE) - Bill Texts

view summary

Relates to exempting qualified retired law enforcement officers from certain limitations related to the possession of firearms.

view full text
download pdf
                    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.

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