senate Bill S993A

2013-2014 Legislative Session

Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course

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Archive: Last Bill Status - In Committee


  • 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
Jan 17, 2014 print number 993a
amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S993 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.20 & 400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S135
2009-2010: S282

S993 - Bill Texts

view summary

Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course and while under the supervision of the instructor thereof.

view sponsor memo
BILL NUMBER:S993

TITLE OF BILL:
An act
to amend the penal law, in relation to authorizing the possession of a
pistol or revolver while attending a pre-license firearms safety course

PURPOSE:
To allow individuals who have applied for a license to possess a
pistol or revolver and who are enrolled in a certified pre-license
firearms safety course under the supervision, guidance and
instruction from a certified firearms safety course instructor, to
handle a firearm during the course of the class.

SUMMARY OF PROVISIONS:

Section 1- adds a new paragraph 7-f to subdivision a of section 265.20
of the penal law to read as follows: possession of a pistol or
revolver by a person who has applied for a license to possess a
pistol or revolver and pre-license possession of same pursuant to
section 400.00 of this chapter, who has not been previously denied a
license, been previously convicted of a felony or serious offense,
and who does not appear to be, or pose a threat to be a danger to
himself, herself or to others, and who has been approved for
possession in accordance with section 400.0 of this chapter; provided
that such possession shall be of a pistol or revolver duly licensed
to and shall be possessed under the supervision, guidance and
instruction of a certified firearms safety course instructor, and
provided further that such possession occurs during the course of a
certified pre-license firearms safety course in which such person is
enrolled.

Section 2- Amends paragraph (b) of subdivision 3 of section 400.00 of
the penal law, as added by chapter 778 of the laws of 1985 to
reference the new paragraph 7-f contained in section 1 of this act.

Section 3- Contains the effective date.

EXISTING LAW:

Section 265.20 of the penal law does not permit any individual
applying for a pistol or revolver permit to handle such firearm prior
to obtaining a license.

JUSTIFICATION:
The current law does not allow for what the safety course was
originally planned for allowing the certified instructor to watch how
the applicants handles and acts when holding a handgun. How can a
certified firearm safety course instructor accurately judge if
someone who has applied for a permit will safely handle a handgun. It
illegal for the applicant to handle a handgun in the presence of that
instructor. Permitting an individual to handle a handgun during the
safety course will give the instructor additional criteria in judging
whether that
person is prepared for the responsibility of owning a handgun.


LEGISLATIVE HISTORY:
2008: S. 6923 Codes
2009-10: S.282 Codes
2011-12: S. 135 Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

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

                                   993

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- 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 authorizing the possession
  of a pistol or revolver while attending a pre-license firearms  safety
  course

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 7-f to read as follows:
  7-F. POSSESSION OF A PISTOL OR REVOLVER BY A PERSON  WHO  HAS  APPLIED
FOR A LICENSE TO POSSESS A PISTOL OR REVOLVER AND PRE-LICENSE POSSESSION
OF  SAME  PURSUANT  TO  SECTION 400.00 OF THIS CHAPTER, WHO HAS NOT BEEN
PREVIOUSLY DENIED A LICENSE, BEEN PREVIOUSLY CONVICTED OF  A  FELONY  OR
SERIOUS  OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A THREAT TO BE,
A DANGER TO HIMSELF, HERSELF OR TO OTHERS, AND WHO HAS BEEN APPROVED FOR
POSSESSION IN ACCORDANCE WITH SECTION 400.00 OF THIS  CHAPTER;  PROVIDED
THAT  SUCH  POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY LICENSED TO
AND SHALL BE POSSESSED UNDER THE SUPERVISION, GUIDANCE  AND  INSTRUCTION
OF  A  CERTIFIED FIREARMS SAFETY COURSE INSTRUCTOR, AND PROVIDED FURTHER
THAT SUCH POSSESSION OCCURS DURING THE COURSE OF A CERTIFIED PRE-LICENSE
FIREARMS SAFETY COURSE IN WHICH SUCH PERSON IS ENROLLED.
  S 2. Paragraph (b) of subdivision 3 of section  400.00  of  the  penal
law,  as added by chapter 778 of the laws of 1985, is amended to read as
follows:
  (b) Application for an exemption under paragraph seven-b OR SEVEN-F of
subdivision a of section 265.20 of this chapter. Each applicant desiring
to obtain the exemption set forth in paragraph  seven-b  OR  SEVEN-F  of
subdivision  a of section 265.20 of this chapter shall make such request
in writing of the licensing officer with whom his OR HER application for
a license is filed, at the time of filing such application. Such request

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01146-01-3

S. 993                              2

shall include a signed and verified statement by the  person  authorized
to instruct and supervise the applicant, that has met with the applicant
and  that  he  OR  SHE has determined that, in his OR HER judgment, said
applicant  does  not  appear  to be or poses a threat to be, a danger to
himself, HERSELF or to others. He OR SHE shall include a copy of his  OR
HER certificate as an instructor in small arms, if he OR SHE is required
to  be certified, and state his OR HER address and telephone number.  He
OR SHE shall specify the exact location by name, address  and  telephone
number  where  such  instruction will take place. Such licensing officer
shall, no later than ten business days after such  filing,  request  the
duly  constituted police authorities of the locality where such applica-
tion is made to investigate and ascertain any previous  criminal  record
of  the  applicant  pursuant  to subdivision four of this section.  Upon
completion of this investigation, the police authority shall report  the
results  to the licensing officer without unnecessary delay. The licens-
ing officer shall no later than ten business days after the  receipt  of
such  investigation,  determine  if  the  applicant  has been previously
denied a license, been convicted of a felony, or  been  convicted  of  a
serious  offense,  and  either  approve  or disapprove the applicant for
exemption purposes based upon such determinations. If the  applicant  is
approved  for  the  exemption,  the  licensing  officer shall notify the
appropriate duly constituted police authorities and the applicant.  Such
exemption  shall terminate if the application for the license is denied,
or at any earlier time  based  upon  any  information  obtained  by  the
licensing  officer  or  the  appropriate  police authorities which would
cause the license to be denied. The  applicant  and  appropriate  police
authorities shall be notified of any such terminations.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

S993A (ACTIVE) - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.20 & 400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S135
2009-2010: S282

S993A (ACTIVE) - Bill Texts

view summary

Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course and while under the supervision of the instructor thereof.

view sponsor memo
BILL NUMBER:S993A

TITLE OF BILL: An act to amend the penal law, in relation to
authorizing the possession of a pistol or revolver while attending a
pre-license firearms safety course

PURPOSE: To allow individuals who have applied for a license to
possess a pistol or revolver and who are enrolled in a certified
pre-license firearms safety course under the supervision, guidance and
instruction from a certified firearms safety course instructor, to
handle a firearm during the course of the class.

SUMMARY OF PROVISIONS:

Section 1- adds a new paragraph 7-g to subdivision a of section 265.20
of the penal law to read as follows: possession of a pistol or
revolver by a person who has applied for a license to possess a pistol
or revolver and pre-license possession of same pursuant to section
400.00 of this chapter, who has not been previously denied a license,
been previously convicted of a felony or serious offense, and who does
not appear to be, or pose a threat to be a danger to himself, herself
or to others, and who has been approved for possession in accordance
with section 400.0 of this chapter; provided that such possession
shall be of a pistol or revolver duly licensed to and shall be
possessed under the supervision, guidance and instruction of a
certified firearms safety course instructor, and provided further that
such possession occurs during the course of a certified pre-license
firearms safety course in which such person is enrolled.

Section 2- Amends paragraph (b) of subdivision 3 of section 400.00 of
the penal law, as added by chapter 778 of the laws of 1985 to
reference the new paragraph 7-f contained in section 1 of this act.

Section 3- Contains the effective date.

EXISTING LAW:

Section 265.20 of the penal law does not permit any individual
applying for a pistol or revolver permit to handle such firearm prior
to obtaining a license.

JUSTIFICATION: The current law does not allow for what the safety
course was originally planned for allowing the certified instructor to
watch how the applicants handles and acts when holding a handgun. How
can a certified firearm safety course instructor accurately judge if
someone who has applied for a permit will safely handle a handgun. It
illegal for the applicant to handle a handgun in the presence of that
instructor. Permitting an individual to handle a handgun during the
safety course will give the instructor additional criteria in judging
whether that person is prepared for the responsibility of owning a
handgun.

LEGISLATIVE HISTORY: 2008: S. 6923 Codes 2009-10: S. 282 Codes
2011-12: S. 135 Codes 2013: S. 993 Codes

FISCAL IMPLICATIONS: None


EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 993--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the penal law, in relation to authorizing the possession
  of  a pistol or revolver while attending a pre-license firearms safety
  course

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 7-g to read as follows:
  7-G.  POSSESSION  OF  A PISTOL OR REVOLVER BY A PERSON WHO HAS APPLIED
FOR A LICENSE TO POSSESS A PISTOL OR REVOLVER AND PRE-LICENSE POSSESSION
OF SAME PURSUANT TO SECTION 400.00 OF THIS CHAPTER,  WHO  HAS  NOT  BEEN
PREVIOUSLY  DENIED  A  LICENSE, BEEN PREVIOUSLY CONVICTED OF A FELONY OR
SERIOUS OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A THREAT TO  BE,
A DANGER TO HIMSELF, HERSELF OR TO OTHERS, AND WHO HAS BEEN APPROVED FOR
POSSESSION  IN  ACCORDANCE WITH SECTION 400.00 OF THIS CHAPTER; PROVIDED
THAT SUCH POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY  LICENSED  TO
AND  SHALL  BE POSSESSED UNDER THE SUPERVISION, GUIDANCE AND INSTRUCTION
OF A CERTIFIED FIREARMS SAFETY COURSE INSTRUCTOR, AND  PROVIDED  FURTHER
THAT SUCH POSSESSION OCCURS DURING THE COURSE OF A CERTIFIED PRE-LICENSE
FIREARMS SAFETY COURSE IN WHICH SUCH PERSON IS ENROLLED.
  S  2.  Paragraph  (b)  of subdivision 3 of section 400.00 of the penal
law, as added by chapter 778 of the laws of 1985, is amended to read  as
follows:
  (b) Application for an exemption under paragraph seven-b OR SEVEN-G of
subdivision a of section 265.20 of this chapter. Each applicant desiring
to  obtain  the  exemption  set forth in paragraph seven-b OR SEVEN-G of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01146-02-4

S. 993--A                           2

subdivision a of section 265.20 of this chapter shall make such  request
in writing of the licensing officer with whom his OR HER application for
a license is filed, at the time of filing such application. Such request
shall  include  a signed and verified statement by the person authorized
to instruct and supervise the applicant, that has met with the applicant
and that he OR SHE has determined that, in his  OR  HER  judgment,  said
applicant  does  not  appear  to be or poses a threat to be, a danger to
himself, HERSELF or to others. He OR SHE shall include a copy of his  OR
HER certificate as an instructor in small arms, if he OR SHE is required
to  be certified, and state his OR HER address and telephone number.  He
OR SHE shall specify the exact location by name, address  and  telephone
number  where  such  instruction will take place. Such licensing officer
shall, no later than ten business days after such  filing,  request  the
duly  constituted police authorities of the locality where such applica-
tion is made to investigate and ascertain any previous  criminal  record
of  the  applicant  pursuant  to subdivision four of this section.  Upon
completion of this investigation, the police authority shall report  the
results  to the licensing officer without unnecessary delay. The licens-
ing officer shall no later than ten business days after the  receipt  of
such  investigation,  determine  if  the  applicant  has been previously
denied a license, been convicted of a felony, or  been  convicted  of  a
serious  offense,  and  either  approve  or disapprove the applicant for
exemption purposes based upon such determinations. If the  applicant  is
approved  for  the  exemption,  the  licensing  officer shall notify the
appropriate duly constituted police authorities and the applicant.  Such
exemption  shall terminate if the application for the license is denied,
or at any earlier time  based  upon  any  information  obtained  by  the
licensing  officer  or  the  appropriate  police authorities which would
cause the license to be denied. The  applicant  and  appropriate  police
authorities shall be notified of any such terminations.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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