senate Bill S50

2013-2014 Legislative Session

Requires the renewal of firearms licenses after five years outside the city of New York

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Archive: Last Bill Status - STRICKEN


  • 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
Mar 04, 2013 recommit, enacting clause stricken
Jan 09, 2013 referred to codes

Co-Sponsors

S50 - Bill Details

See Assembly Version of this Bill:
A3295
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S725, A380
2009-2010: S1598B, A801B

S50 - Bill Texts

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Requires the renewal of firearms licenses after five years and the taking of a safety course outside the city of New York; sets a date for expiration and provides for a schedule for recertification to be developed by the commissioner of criminal justice services.

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BILL NUMBER:S50

TITLE OF BILL:
An act
to amend the penal law, in relation to providing for the expiration and
renewal of certain firearms licenses outside the city of New York

PURPOSE:
Extends statewide, with the exception of the city of New York, the
requirement that a license to carry of possess a firearm be renewed
every 5 years.

SUMMARY OF PROVISIONS:
Section one: Amends subdivision 10 of section 400.00 of the penal law
to extend license expiration and renewal regulations for pistols or
revolvers to counties outside the city of New York, Nassau and
Suffolk and deletes certification and recertification provisions for
Westchester county. For counties outside of New York City a license
to carry or possess a pistol or revolver expires within five years of
its issuance. For all other counties, outside of New York City,
Nassau, and Suffolk counties, the expiration date of the pistol or
revolver license is determined by a schedule promulgated by the
commissioner of the division of criminal justice services.

Section two: The bill takes effect immediately.

JUSTIFICATION:
New York state requires individuals to obtain a license in order to
lawfully carry or possess a firearm. Prior to the issuance of such
license, an investigation must be conducted by law enforcement
officers to verify that all statements in the applicant's license
application are true.
Typically, the investigating officer interviews the references named
in the application. In addition, records of the department of mental
hygiene must be made available for inspection by such officer and
fingerprints must be taken from the applicant in order to conduct a
criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester
and the city of New York, once a license to carry or possess a
firearm has been issued, the license is permanent unless otherwise
revoked or suspended. There is no opportunity for the licensing
officer to determine whether the conditions that existed at the time
of the issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION THAT THE
LICENSE IS STILL QUALIFIED TO HAVE A FIREARM:
Without a renewal system, certain criminal convictions obtained
after the issuance of a firearm and/or development of mental illness
by the licensee--changes in conditions that could result in a license
revocation or denial of a license renewal--may go undetected.

RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING
INFORMATION:


Such information includes the licensee's current name and address, and
the make, caliber and serial number of all firearms possessed without
a renewal system. Licensees who move out-of state--a change in
conditions that could result in license revocation or denial of a
license renewal--may go undetected.

REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE FOR LICENSES
TO COMPLY WITH THE TERMS OF THEIR LICENSES:
Without a renewal system, licensees are less likely to update their
licensing information.

RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING
SYSTEM:
Without a renewal system, there is no opportunity for licensing officers
to determine whether licensees remain in compliance with the terms of
their licensees.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE
Immediately.

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

                                   50

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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 providing for the  expira-
  tion  and renewal of certain firearms licenses outside the city of New
  York

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

  Section  1.    Subdivision  10  of section 400.00 of the penal law, as
amended by chapter 447 of the laws  of  1997,  is  amended  to  read  as
follows:
  10.  License: expiration[, certification] and renewal. Any license for
gunsmith or dealer in firearms and, in the city of New York, any license
to carry or possess a pistol or revolver, issued at any time pursuant to
this section or prior to the first day of July, nineteen hundred  sixty-
three and not limited to expire on an earlier date fixed in the license,
shall  expire  not more than three years after the date of issuance. [In
the counties of Nassau, Suffolk and Westchester, any license to carry or
possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
section  or prior to the first day of July, nineteen hundred sixty-three
and not limited to expire on an earlier date fixed in the license, shall
expire not more than five years after the date of issuance; however,  in
the  county of Westchester, any such license shall be certified prior to
the first day of April, two thousand, in accordance with a  schedule  to
be contained in regulations promulgated by the commissioner of the divi-
sion  of  criminal  justice  services,  and  every such license shall be
recertified every five years thereafter. For purposes  of  this  section
certification  shall mean that the licensee shall provide to the licens-
ing officer the following information  only:    current  name,  date  of
birth,  current  address, and the make, model, caliber and serial number
of all firearms  currently  possessed.  Such  certification  information

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01075-01-3

S. 50                               2

shall  be filed by the licensing officer in the same manner as an amend-
ment. Elsewhere than in the city of New York and the counties of Nassau,
Suffolk and Westchester, any license to carry or  possess  a  pistol  or
revolver,  issued  at  any time pursuant to this section or prior to the
first day of July,  nineteen  hundred  sixty-three  and  not  previously
revoked  or  cancelled,  shall  be  in force and effect until revoked as
herein provided.] ELSEWHERE THAN IN THE CITY OF NEW YORK ANY LICENSE  TO
CARRY  OR  POSSESS  A PISTOL OR REVOLVER, ISSUED AT ANY TIME PURSUANT TO
THIS SECTION OR PRIOR TO THE FIRST DAY OF JULY, NINETEEN HUNDRED  SIXTY-
THREE AND NOT LIMITED TO EXPIRE ON AN EARLIER DATE FIXED IN THE LICENSE,
SHALL  EXPIRE  NOT  MORE  THAN  FIVE  YEARS  AFTER THE DATE OF ISSUANCE,
PROVIDED THAT ELSEWHERE THAN IN THE CITY OF NEW YORK, NASSAU COUNTY  AND
SUFFOLK COUNTY, THE DATE OF ISSUANCE OF ANY SUCH LICENSE FOR PURPOSES OF
DETERMINING  THE EXPIRATION DATE OF SUCH LICENSE SHALL BE ESTABLISHED IN
ACCORDANCE WITH A SCHEDULE TO BE CONTAINED IN REGULATIONS PROMULGATED BY
THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES. Any license not previous-
ly cancelled or revoked shall remain in full force and effect for thirty
days beyond the stated expiration date on such license. Any  application
to  renew  a  license  that  has not previously expired, been revoked or
cancelled shall thereby extend the term of the license until disposition
of the application by the licensing officer. In the case  of  a  license
for  gunsmith  or dealer in firearms, in counties having a population of
less than two hundred thousand inhabitants, photographs and fingerprints
shall be submitted on original applications and upon renewal  thereafter
only  at  six  year  intervals. Upon satisfactory proof that a currently
valid original license has been despoiled,  lost  or  otherwise  removed
from  the  possession of the licensee and upon application containing an
additional photograph of the licensee, the licensing officer shall issue
a duplicate license.
  S 2. This act shall take effect immediately.

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