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

                                  6525

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced  by  M. of A. KOLB, PALMESANO, CORWIN, JORDAN, HAWLEY -- read
  once and referred 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 210 of the laws of 1999, is amended  to  read
as follows:
  3. Possession of a pistol or revolver by a person to whom a license OR
A  TEMPORARY  LICENSE therefor has been issued as provided under section
400.00 [or], 400.01 OR 400.04 of this chapter;  provided,  that  such  a
license  shall  not  preclude  a  conviction  for the offense defined in
subdivision three of section 265.01 of this article.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09809-01-3
              

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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
conviction  for  the  offense  defined  in  subdivision three of section
265.01 of this article or section 265.01-a of this article.
  S 3. 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 NEW YORK STATE WHO IS NOT PROHIBITED BY FEDERAL
LAW FROM POSSESSING A FIREARM MAY POSSESS AND CARRY A CONCEALED FIREARM,
AS DEFINED IN SUBDIVISION THREE  OF  SECTION  265.00  OF  THIS  ARTICLE,
ANYWHERE WITHIN NEW YORK STATE IF SUCH PERSON:
  (A)  IS  IN  POSSESSION OF A VALID PERMIT TO CARRY A CONCEALED FIREARM
ISSUED TO SUCH NONRESIDENT OF NEW YORK 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 NEW YORK STATE STATUTE; 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 FIREARM 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 NEW YORK STATE, THAT  APPLY
TO THE POSSESSION OR CARRYING OF A CONCEALED FIREARM BY RESIDENTS OF THE
STATE  OR  POLITICAL  SUBDIVISION WHO ARE LICENSED BY THE STATE OR POLI-
TICAL SUBDIVISION TO DO SO, OR NOT PROHIBITED BY THE  STATE  FROM  DOING
SO.
  2. IF A NONRESIDENT, WHO IS AUTHORIZED TO POSSESS OR CARRY A CONCEALED
FIREARM  PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION, BECOMES A LEGAL
RESIDENT OF NEW YORK STATE, THEN  THE  PROVISIONS  OF  THIS  SUBDIVISION
SHALL  CONTINUE  TO  APPLY  TO SUCH PERSON UNTIL SUCH TIME AS A NEW YORK
STATE LICENSE IS ISSUED OR DENIED UNDER ARTICLE  FOUR  HUNDRED  OF  THIS
CHAPTER;  PROVIDED  THAT  SUCH  PERSON  SHALL HAVE SIXTY DAYS TO FILE AN
APPLICATION THEREFOR AFTER BECOMING A RESIDENT OF THIS STATE.
  3. THE POSSESSION OF A VALID LICENSE FROM ANOTHER  JURISDICTION  SHALL
BE A REBUTTABLE PRESUMPTION THAT THE HOLDER IS NOT PROHIBITED BY FEDERAL
LAW  FROM  POSSESSING  A  FIREARM AND IS IN COMPLIANCE WITH THE TERMS OF
ISSUANCE IN THE STATE OF ISSUANCE.
  4. 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 4. 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 FOR 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  DWELLING  WHERE  SUCH
HOUSEHOLDER IS ELIGIBLE PURSUANT TO SECTION 400.04 OF THIS ARTICLE; OR

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  (B)  HAVE  AND  CARRY,  WITHOUT  REGARD TO PLACE OF POSSESSION, BY ANY
PERSON WHERE SUCH PERSON IS ELIGIBLE  PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION 400.04 OF THIS ARTICLE.
  S  5.  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 FIREARMS.
  1. ELIGIBILITY. A PERSON IS ELIGIBLE FOR A TEMPORARY LICENSE TO  CARRY
OR POSSESS A FIREARM IN NEW YORK 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  FIREARM,  AS
DEFINED IN SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER, PROVIDED
THAT  SUCH  PERSON SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN PARA-
GRAPHS (A) THROUGH (E) OF SUBDIVISION ONE  OF  SECTION  400.00  OF  THIS
ARTICLE  AND  THAT THERE IS NO GOOD CAUSE FOR THE DENIAL OF THE LICENSE;
OR
  (B) SUCH PERSON HAS A PISTOL 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  AUTHORIZE  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 (E) 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 (E) 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
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  FELONY,
NOTWITHSTANDING  THAT THE JURISDICTION IN WHICH SUCH PERSON IS DOMICILED
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 THE DIVISION 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 NEW YORK STATE, AND PRESENT  OCCU-
PATION 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 NEW YORK
STATE DIVISION OF POLICE WEBSITE.

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  (D) THE APPLICATION SHALL BE SIGNED AND  VERIFIED  BY  THE  APPLICANT.
EACH  INDIVIDUAL  SIGNING  AN APPLICATION SHALL SUBMIT ONE PHOTOGRAPH OF
HIMSELF AND A DUPLICATE FOR EACH REQUIRED COPY OF THE APPLICATION.  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 DIVISION OF STATE POLICE LICENSING OFFICER  SHALL  DETERMINE
IF THE APPLICANT 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  DETERMINATIONS AND SHALL ISSUE THE LICENSE TO THE APPLICANT WITHIN
TEN DAYS OF SUCH DETERMINATION.
  (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 FIREARM SHALL  BE  CONDUCTED  IN  THE
SAME  MANNER  AND  UPON  THE SAME TERMS AND CONDITIONS AS INVESTIGATIONS
REQUIRED FOR LICENSES ISSUED PURSUANT TO SECTION 400.00 OF THIS  ARTICLE
PROVIDED,  HOWEVER,  THE RESULTS SHALL BE PROVIDED TO THE SUPERINTENDENT
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 THE DIVISION 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  SUPERINTEN-
DENT  OF  THE DIVISION OF STATE POLICE, ON AN ANNUAL BASIS, WHERE NECES-
SARY TO ENSURE THAT THE LICENSING FEES ADEQUATELY COVER THE  EXPENSE  OF
CARRYING  OUT  THE  PROVISIONS  OF  THIS  SECTION  WITHOUT SIGNIFICANTLY
EXCEEDING SUCH COSTS.
  6. 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

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PROVISIONS  OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE AS
A CLASS A MISDEMEANOR.
  S 6. 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 OR ANY RULE OR
REGULATION OF THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION  THERE-
OF,  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 NEW YORK STATE FROM
ANY PLACE WHERE HE MAY LAWFULLY POSSESS AND CARRY SUCH  FIREARM  TO  ANY
OTHER  PLACE  WHERE  HE  MAY LAWFULLY POSSESS AND CARRY SUCH FIREARM IF,
DURING SUCH TRANSPORTATION THE FIREARM  IS  UNLOADED,  AND  NEITHER  THE
FIREARM NOR ANY AMMUNITION 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 DRIVER'S COMPARTMENT THE FIREARM OR AMMUNITION SHALL
BE CONTAINED IN A LOCKED CONTAINER OTHER THAN THE GLOVE  COMPARTMENT  OR
CONSOLE.
  S  7.  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 NEW YORK STATE WHO IS DULY AUTHORIZED TO
CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON
IS A RESIDENT OF NEW YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM,
AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED WITH ANY VIOLATION OF
THIS SECTION.
  S 8. 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 NEW YORK STATE WHO IS AUTHORIZED TO CARRY
SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS  A
RESIDENT  OF  NEW  YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM IN
NEW YORK STATE, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED  WITH
POSSESSION OF A FIREARM UNDER THIS SECTION.
  S  9.   This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that section two of this act shall
take effect on the same date and in the same manner  as  section  46  of
chapter 1 of the laws of 2013, takes effect.