BILL NUMBER:S5201

TITLE OF BILL:  An act to amend the penal law, in relation to
exemptions pertaining to large capacity ammunition feeding devices for
certain police officers, peace officers, licensed private
investigators, armed security guards, and armored car guards

PURPOSE:

This bill exempts certain police officers, peace officers, licensed
private investigators, armed security guards, and armored car guards
that are licensed and certified to carry a concealed weapon from
certain provisions in the "Safe Act' pertaining to large capacity
ammunition feeding devices.

SUMMARY OF PROVISIONS:

Section 1: Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 11-a to read as follows:

11-a. Possession of a large capacity ammunition feeding devise by an
off-duty police officer or peace officer, or a retired police officer
or peace officer, as "police officer' is defined in subdivision
thirty-four of section 1.20 of the criminal procedure law and "peace
officer" is defined in section 2.10 of the criminal procedure law.

              

17. Possession of a large capacity ammunition feeding device by
licensed private investigators registered under article seven of the
general business law, armed security guards, licensed pursuant to
article seven-A of the general business law or armored car guards
licensed pursuant to article eight-C of the general business law who
possess a valid pistol license pursuant to section 400.00 of this
chapter and have successfully completed the forty-seven hour firearms
training course specified in section eighty-nine-n of the general
business law while in the performance of their official duties

JUSTIFICATION:

It is important to understand the process a person must adhere to in
order to get a carry all permit or license to carry a concealed
weapon. An extensive investigation must first take place before any
permit can be issued. Knowing this process gives a much better
understanding who eventually is allowed to carry a concealed weapon.
It is therefore irrelevant whether there are 7 or 10 bullets in a
clip.

What is relevant to know is each person is recognized as a rational
and reasonable person and duly licensed by the state of New York to
own the weapon.

1. A person is fingerprinted and those prints are then sent to the New
York State Police to begin the investigation.

2. The person is checked for prior conviction.

3. The person must provide 3 letters of recommendations from people
that know the individual.


4. Eventually the application will go before a local court and a Judge
will make the final decision.

It is equally important to remember that men and women retire from
federal, state, and local law enforcement agencies but then go to work
in the private sector. They protect large sums of money, precious
stones, and even other people from those that would attempt to steal,
rob, or kidnap. These folks are highly trained and carry a variety of
weapons and do so in carrying out the job for which they are hired.
These people are not your everyday people but instead specialist in
protection services. This legislation identifies the important job
that he or she does and recognizes the dangers they face along with
the skills involved in doing those jobs. When recognizing all this, we
must also make available the tools necessary to assure those that are
in this line of work be allowed to carry weapons to stop anyone, at
anytime, that would threaten them or those they protect.

This legislation addresses the newly enacted gun legislation and
changes it so as to exempt from the "New York State Safe Act" duly
licensed pistol permit holder companies, and their personnel that
provide protection services. The following are to be included in the
exemption but not limited to Aiinor Car Services, Personal Protection
Services, Carrier Services that transfer precious metal and stones,
and Carriers that transport large quantities of stocks or bonds.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately