Senate Bill S4536A

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

                                 4536--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  BALL, BOYLE, GRISANTI, LANZA, MARTINS --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10050-04-3
              

S. 4536--A                          2

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.