NY State Senate Bill 2013-S3067

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2013	referred to codes

2013-S3067 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5489
2011-2012: S3935

2013-S3067 (ACTIVE) - Summary

Broadens provisions relating to eligibility for a firearms license.

2013-S3067 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3067

TITLE OF BILL:  An act to amend the penal law, in relation to the
issuance of a license to carry a firearm

PURPOSE:  This bill adds a mental health component to the requirements
for firearm licensing. It also requires that applicants successfully
complete a firearm safety course approved by the superintendent of
state police and receive a certificate of completion before a license
will be issued or renewed.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 400.00 of the
penal law, as amended by chapter 189 of the laws of 2000, to include
additional requirements for firearm licensing. The bill broadens the
current regulations to include a mental health component prohibiting
issuance or renewal of a license if the applicant has previously had a
guardian appointed to them pursuant to any provision of 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 their own affairs. It further
requires that applicants successfully complete a firearm safety course
and receive a certificate of completion, endorsed and affirmed under
the penalties of perjury, by a duly authorized instructor and approved
by the superintendent of state police.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:  Perpetrators of acts of firearm violence often display
indications of mental illness long before they commit crimes. The
tragic loss of life recently suffered in Arizona is a dark reminder of
the need for more common-sense firearm licensing requirements. A
mechanism for reviewing an applicant's mental stability before
issuance or renewal of a firearm license is imperative to averting
such shootings in the future and ensures that only those who are
mentally competent are allowed to own such dangerous weapons. Growing
concern regarding easy access to firearms by people with mental health
issues has led a number of states to pass legislation barring firearm
licensure to those with a history of mental illness. This bill will
ensure that New York is among the states that currently require that
firearms are kept out of the hands of the mentally disturbed; the list
of people whose lives have been savagely cut short by gun violence
demands nothing less.

LEGISLATIVE HISTORY:; 2010: S.5489 Held in Codes 2008: S.3341B
(Krueger) Held in Codes 2007: S.2241 Held in Codes 2006: S.2341 Held
in Codes 2005: S.2341 Held in Codes 2004: S.4426 Held in Codes 2003:
S.4426 Held in Codes 2002: S.6895 Held in Codes

FISCAL IMPACT ON THE STATE:  None.

EFFECTIVE DATE:  This act shall take effect on the one hundred
twentieth day after it shall have become a law.

2013-S3067 (ACTIVE) - Bill Text download pdf

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

                                  3067

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 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  the  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]  NOT HAD A GUARDIAN APPOINTED FOR THEM PURSUANT TO ANY
PROVISION OF 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 THEIR
OWN AFFAIRS OR 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 success-
fully completed a firearms safety course and  test  as  evidenced  by  a
certificate  of  completion  issued  in his or her name and endorsed and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02194-02-3

S. 3067                             2

affirmed under the penalties of perjury by a duly authorized instructor,
APPROVED BY THE SUPERINTENDENT OF STATE POLICE except that: (i)  persons
who  are  honorably discharged from the United States army, navy, marine
corps,  AIR  FORCE 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,  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) 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,  APPROVED  BY  THE SUPERINTENDENT OF STATE
POLICE except that: (i) persons who are honorably  discharged  from  the

S. 3067                             3

United  States army, navy, marine corps, AIR FORCE 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, maintenance and  stor-
age 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;  (m)  who
has  not  had a guardian appointed for [him or her] THEM 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] THEIR own affairs; and (n) 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 one hundred twentieth day after
it shall have become a law; 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.

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Senate Bill S3067

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S3067 (ACTIVE) - Details

2013-S3067 (ACTIVE) - Summary

2013-S3067 (ACTIVE) - Sponsor Memo

2013-S3067 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S3067 (ACTIVE) - Details

2013-S3067 (ACTIVE) - Summary

2013-S3067 (ACTIVE) - Sponsor Memo

2013-S3067 (ACTIVE) - Bill Text download pdf

Comments