senate Bill S3031

2013-2014 Legislative Session

Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 28, 2013 referred to codes

Co-Sponsors

S3031 - Bill Details

See Assembly Version of this Bill:
A6622
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2361, A5117
2009-2010: S7910, A5590

S3031 - Bill Texts

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Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only.

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BILL NUMBER:S3031

TITLE OF BILL: An act to amend the penal law, in relation to
restrictions imposed by statute regarding the carrying of concealed
weapons

PURPOSE: To clarify and restate uniform requirements for the licensing
of individuals to carry and possess pistols and handguns across the
state.

SUMMARY OF PROVISIONS: This bill amends §400.00 of the Penal Law to make
only restrictions imposed by statute applicable to the licensing of
handguns in New York.

EXISTING LAW: Although not specifically authorized by statute, some
licensing officers may impose certain time, place and use restrictions
on pistol and handgun licenses in New York State on a county by county
basis. Such restrictions include "hunting and target shooting," "valid
only during daylight hours," "valid only if carrying X amount of cash;"
and so on. In short, licensing officers have, without legislative
authority, created new classes and versions of pistol licenses not
contemplated by statute. The result is a "patchwork quilt" effect of
licensing throughout the state, with certain licensing officers imposing
additional restrictions not authorized by law and some imposing none. In
an effort to make the licensing requirements uniform throughout New
York, this bill will prohibit county licensing officers from imposing
extra-legal restrictions except for those authorized in statute.

JUSTIFICATION: Currently, handgun licensees from different counties may
be subject to assorted sets of rules. Confusion may be created regarding
compliance and enforcement of restrictions imposed by each county
licensing officer. Varying restrictions provide a problem for law
enforcement officers as well. The process as it presently operates is
fundamentally unjust and unfair, and can result in inadvertent noncom-
pliance and litigation. Since state pistol licensing is a creature of
statute, this bill allows county licensing officers to apply only those
restrictions expressly imposed by the legislature. The state standard
for a handgun license is that without restrictions imposed on an ad hoc
basis.

LEGISLATIVE HISTORY: S.7910/A 5590 of 2009-10 S.2361/A.5117 of 2011-12

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  3031

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- 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  restrictions  imposed  by
  statute regarding the carrying of concealed weapons

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

  Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
follows:
  2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
shall  be  issued  to engage in such business. A license for a pistol or
revolver, other than an assault weapon or  a  disguised  gun,  shall  be
issued  to  (a)  have  and possess in his dwelling by a householder; (b)
have and possess in his place of business by a merchant or  storekeeper;
(c)  have  and carry concealed while so employed by a messenger employed
by a  banking  institution  or  express  company;  (d)  have  and  carry
concealed by a justice of the supreme court in the first or second judi-
cial  departments, or by a judge of the New York city civil court or the
New York city criminal court; (e) have  and  carry  concealed  while  so
employed by a regular employee of an institution of the state, or of any
county,  city,  town  or  village,  under  control  of a commissioner of
correction of the city or any warden, superintendent or head  keeper  of
any state prison, penitentiary, workhouse, county jail or other institu-
tion  for the detention of persons convicted or accused of crime or held
as witnesses in criminal cases, provided that application is made there-
for by such commissioner, warden, superintendent  or  head  keeper;  (f)
have  and  carry  concealed,  without  regard  to employment or place of
possession, by any person when proper  cause  exists  for  the  issuance
thereof,  SUBJECT ONLY TO RESTRICTIONS IMPOSED BY STATUTE; and (g) have,
possess, collect and carry antique pistols which are defined as follows:
(i) any single shot, muzzle loading pistol with a matchlock,  flintlock,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04313-01-3

S. 3031                             2

percussion  cap,  or  similar type of ignition system manufactured in or
before l898, which is not designed for  using  rimfire  or  conventional
centerfire  fixed  ammunition;  and  (ii)  any  replica  of  any  pistol
described in clause (i) hereof if such replica--
  (1)  is  not  designed or redesigned for using rimfire or conventional
centerfire fixed ammunition, or
  (2) uses rimfire or conventional centerfire fixed ammunition which  is
no  longer  manufactured  in  the United States and which is not readily
available in the ordinary channels of commercial trade.
  S 2. This act shall take effect immediately.

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