Senate Bill S5549

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

                                  5549

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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  exempting  qualified
  retired  law  enforcement  officers  and  security guards 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 two
new subdivisions 25 and 26 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 THIS  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, WAS 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
FOUND BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY SUCH AGENCY TO  BE
UNQUALIFIED  FOR  REASONS  RELATING  TO  MENTAL  HEALTH; OR (II) HAS NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10050-05-3
              

S. 5549                             2

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  STATE  OR  FEDERAL  LAW  FROM  POSSESSING ANY
FIREARM.
  26. "SECURITY GUARD" MEANS ANY SECURITY GUARD WHO HOLDS AND  HAS  BEEN
ISSUED  A  SPECIAL  ARMED  GUARD  REGISTRATION  CARD PURSUANT TO ARTICLE
SEVEN-A OF THE GENERAL BUSINESS LAW.
  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, OR TO A SECURITY GUARD, WITH RESPECT TO
LARGE CAPACITY AMMUNITION FEEDING DEVICES  ISSUED  TO  SUCH  OFFICER  OR
GUARD  OR PURCHASED BY SUCH OFFICER OR GUARD 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, OR THE SECURITY
GUARD COMPANY THAT EMPLOYS THE SECURITY GUARD QUALIFIED SUCH  GUARD,  IN
THE  USE  OF  THE  WEAPON  WHICH  ACCEPTS SUCH DEVICE IN ACCORDANCE WITH
APPLICABLE STATE OR FEDERAL STANDARDS FOR ACTIVE  DUTY  LAW  ENFORCEMENT
OFFICERS  WITHIN  TWELVE  MONTHS PRIOR TO HIS OR HER RETIREMENT OR, WITH
REGARD TO SECURITY GUARDS, IN ACCORDANCE WITH THE STANDARDS OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES; AND (II)  WITH  REGARD  TO  QUALIFIED
RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICERS, SUCH RETIRED OFFI-
CER MEETS, AT HIS OR HER OWN EXPENSE, SUCH APPLICABLE STANDARDS FOR SUCH
WEAPON AT LEAST ONCE WITHIN THREE YEARS AFTER HIS OR HER RETIREMENT DATE
AND  AT LEAST ONCE EVERY THREE YEARS THEREAFTER, PROVIDED, HOWEVER, THAT
ANY SUCH QUALIFIED OFFICER WHO HAS BEEN RETIRED FOR EIGHTEEN  MONTHS  OR
MORE  ON  THE  EFFECTIVE  DATE  OF  THIS SUBDIVISION SHALL HAVE EIGHTEEN
MONTHS FROM SUCH EFFECTIVE DATE TO QUALIFY IN  THE  USE  OF  THE  WEAPON
WHICH ACCEPTS SUCH LARGE CAPACITY AMMUNITION FEEDING DEVICE ACCORDING TO
THE  PROVISIONS  OF  THIS SUBDIVISION, NOTWITHSTANDING THAT SUCH OFFICER
DID NOT QUALIFY WITHIN THREE YEARS AFTER HIS  OR  HER  RETIREMENT  DATE,
PROVIDED  THAT SUCH OFFICER IS OTHERWISE QUALIFIED AND MAINTAINS COMPLI-
ANCE 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, OR A SECURITY
GUARD, 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,  OR  WHERE
SUCH  WEAPON IS ISSUED TO OR PURCHASED BY A SECURITY GUARD IN THE COURSE
OF HIS OR HER OFFICIAL DUTIES, MUST REGISTER SUCH  WEAPON  WITHIN  SIXTY
DAYS OF RETIREMENT.
  S 4. This act shall take effect immediately.