Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 29, 2013 |
referred to codes |
Senate Bill S3067
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S3067 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §400.00, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5489
2011-2012: S3935
2013-S3067 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3067 TITLE OF BILL: An act to amend the penal law, in relation to the issuance of a license to carry a firearm PURPOSE: This bill adds a mental health component to the requirements for firearm licensing. It also requires that applicants successfully complete a firearm safety course approved by the superintendent of state police and receive a certificate of completion before a license will be issued or renewed. SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision 1 of section 400.00 of the penal law, as amended by chapter 189 of the laws of 2000, to include additional requirements for firearm licensing. The bill broadens the current regulations to include a mental health component prohibiting issuance or renewal of a license if the applicant has previously had a guardian appointed to them pursuant to any provision of law based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage their own affairs. It further requires that applicants successfully complete a firearm safety course and receive a certificate of completion, endorsed and affirmed under the penalties of perjury, by a duly authorized instructor and approved by the superintendent of state police.
2013-S3067 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3067 2013-2014 Regular Sessions I N S E N A T E January 29, 2013 ___________ Introduced by Sen. ADAMS -- 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 the issuance of a license to carry a firearm THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 400.00 of the penal law, as amended by chapter 189 of the laws of 2000, is amended to read as follows: 1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investi- gation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; (b) of good moral character; (c) who has not been convicted anywhere of a felony or a serious offense; (d) who has [stated whether he or she has] NOT HAD A GUARDIAN APPOINTED FOR THEM PURSUANT TO ANY PROVISION OF LAW, BASED ON A DETERMINATION THAT AS A RESULT OF MARKED SUBNORMAL INTELLIGENCE, MENTAL ILLNESS, INCAPACITY, CONDITION OR DISEASE, HE OR SHE LACKS THE MENTAL CAPACITY TO CONTRACT OR MANAGE THEIR OWN AFFAIRS OR ever suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness; (e) who has not had a license revoked or who is not under a suspension or inel- igibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act; (f) [in the county of Westchester,] who has success- fully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02194-02-3
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