S T A T E   O F   N E W   Y O R K
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                                  3619

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. KOLB, PALMESANO, CORWIN, HAWLEY -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to possession of a pistol  or
  revolver

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

  Section 1. Paragraph 3 of subdivision a of section 265.20 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read  as
follows:
  3. Possession of a pistol or revolver by a person to whom a license OR
TEMPORARY  LICENSE  therefor  has  been issued as provided under section
400.00 [or], 400.01 OR 400.04 of this chapter or possession of a  weapon
as  defined in paragraph (e) or (f) of subdivision twenty-two of section
265.00 of this article which is registered pursuant to paragraph (a)  of
subdivision  sixteen-a  of section 400.00 of this chapter or is included
on an amended license issued pursuant to section 400.00 of this chapter.
In the event such license is revoked, other than because  such  licensee
is  no  longer  permitted  to  possess a firearm, rifle or shotgun under
federal or state law, information sufficient to satisfy the requirements
of subdivision sixteen-a of section 400.00 of  this  chapter,  shall  be
transmitted  by  the licensing officer to the state police, in a form as
determined by the superintendent  of  state  police.  Such  transmission
shall  constitute  a  valid  registration  under  such  section. Further
provided, notwithstanding any other section of this title, a failure  to
register  such  weapon by an individual who possesses such weapon before
the enactment of the chapter of the laws of two thousand thirteen  which
amended  this  paragraph  and may so lawfully possess it thereafter upon
registration, shall only be subject to punishment pursuant to  paragraph
(c)  of  subdivision  sixteen-a  of  section  400.00  of  this  chapter;
provided, that such a license  or  registration  shall  not  preclude  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02842-01-5

              

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conviction  for  the  offense  defined  in  subdivision three of section
265.01 of this article or section 265.01-a of this article.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision f to read as follows:
  F. 1. A NONRESIDENT OF NEW YORK STATE WHO IS NOT PROHIBITED BY FEDERAL
LAW FROM POSSESSING A FIREARM MAY POSSESS AND CARRY A CONCEALED FIREARM,
AS  DEFINED  IN  SUBDIVISION  THREE  OF  SECTION 265.00 OF THIS ARTICLE,
ANYWHERE WITHIN NEW YORK STATE IF SUCH PERSON:
  (A) IS IN POSSESSION OF A VALID PERMIT TO CARRY  A  CONCEALED  FIREARM
ISSUED  TO  SUCH  NONRESIDENT  OF NEW YORK STATE PURSUANT TO THE LAWS OF
SUCH PERSON'S STATE OF RESIDENCE; AND
  (B) IS IN COMPLIANCE WITH THE TERMS OF ITS ISSUANCE IN  THE  STATE  OF
ITS ISSUE, BUT ONLY TO THE EXTENT THAT THE TERMS OF ISSUANCE COMPLY WITH
ANY APPROPRIATE NEW YORK STATE STATUTE; AND
  (C)  IS  CARRYING  A VALID IDENTIFICATION DOCUMENT CONTAINING A PHOTO-
GRAPH OF THE PERSON; AND
  (D) DOES NOT HAVE ANY INTENT  TO  USE  SUCH  FIREARM  FOR  AN  ILLEGAL
PURPOSE; AND
  (E)  IS  SUBJECT  TO THE SAME CONDITIONS AND LIMITATIONS, EXCEPT AS TO
ELIGIBILITY TO POSSESS OR CARRY, IMPOSED BY OR UNDER  FEDERAL  OR  STATE
LAW  OR THE LAW OF A POLITICAL SUBDIVISION OF NEW YORK STATE, THAT APPLY
TO THE POSSESSION OR CARRYING OF A CONCEALED FIREARM BY RESIDENTS OF THE
STATE OR POLITICAL SUBDIVISION WHO ARE LICENSED BY THE  STATE  OR  POLI-
TICAL  SUBDIVISION  TO  DO SO, OR NOT PROHIBITED BY THE STATE FROM DOING
SO.
  2. IF A NONRESIDENT, WHO IS AUTHORIZED TO POSSESS OR CARRY A CONCEALED
FIREARM PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION, BECOMES A  LEGAL
RESIDENT  OF  NEW  YORK  STATE,  THEN THE PROVISIONS OF THIS SUBDIVISION
SHALL CONTINUE TO APPLY TO SUCH PERSON UNTIL SUCH TIME  AS  A  NEW  YORK
STATE  LICENSE  IS  ISSUED  OR DENIED UNDER ARTICLE FOUR HUNDRED OF THIS
CHAPTER; PROVIDED THAT SUCH PERSON SHALL HAVE  SIXTY  DAYS  TO  FILE  AN
APPLICATION THEREFOR AFTER BECOMING A RESIDENT OF THIS STATE.
  3.  THE  POSSESSION OF A VALID LICENSE FROM ANOTHER JURISDICTION SHALL
BE A REBUTTABLE PRESUMPTION THAT THE HOLDER IS NOT PROHIBITED BY FEDERAL
LAW FROM POSSESSING A FIREARM AND IS IN COMPLIANCE  WITH  THE  TERMS  OF
ISSUANCE IN THE STATE OF ISSUANCE.
  4.  AS  USED  IN  THIS  SUBDIVISION THE TERM "IDENTIFICATION DOCUMENT"
MEANS A DOCUMENT MADE OR ISSUED BY OR UNDER THE AUTHORITY OF THE  UNITED
STATES  GOVERNMENT, A STATE OR A POLITICAL SUBDIVISION OF A STATE WHICH,
WHEN COMPLETED WITH INFORMATION CONCERNING A PARTICULAR  INDIVIDUAL,  IS
OF  A  TYPE INTENDED OR COMMONLY ACCEPTED FOR THE PURPOSE OF IDENTIFICA-
TION OF INDIVIDUALS.
  S 3. Section 400.00 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
  2-A. TEMPORARY LICENSE. A TEMPORARY LICENSE FOR A PISTOL OR  REVOLVER,
OTHER THAN AN ASSAULT WEAPON OR A DISGUISED GUN SHALL BE ISSUED TO:
  (A)  A  HOUSEHOLDER  TO  HAVE  AND  POSSESS IN HIS DWELLING WHERE SUCH
HOUSEHOLDER IS ELIGIBLE PURSUANT TO SECTION 400.04 OF THIS ARTICLE; OR
  (B) HAVE AND CARRY, WITHOUT REGARD TO  PLACE  OF  POSSESSION,  BY  ANY
PERSON  WHERE  SUCH  PERSON  IS  ELIGIBLE PURSUANT TO SUBDIVISION ONE OF
SECTION 400.04 OF THIS ARTICLE.
  S 4. The penal law is amended by adding a new section 400.04  to  read
as follows:
S 400.04 TEMPORARY LICENSE TO CARRY OR POSSESS FIREARMS.
  1.  ELIGIBILITY. A PERSON IS ELIGIBLE FOR A TEMPORARY LICENSE TO CARRY
OR POSSESS A FIREARM IN NEW YORK STATE WHERE:

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  (A) SUCH PERSON IS DOMICILED IN A STATE OF  THE  UNITED  STATES  WHICH
DOES  NOT  REQUIRE A LICENSE OR PERMIT TO POSSESS OR CARRY A FIREARM, AS
DEFINED IN SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER, PROVIDED
THAT SUCH PERSON SHALL COMPLY WITH THE REQUIREMENTS SET FORTH  IN  PARA-
GRAPHS  (A)  THROUGH  (E)  OF  SUBDIVISION ONE OF SECTION 400.00 OF THIS
ARTICLE AND THAT THERE IS NO GOOD CAUSE FOR THE DENIAL OF  THE  LICENSE;
OR
  (B)  SUCH  PERSON  HAS A PISTOL LICENSE OR PERMIT ISSUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF ISSUANCE, WHERE THAT STATE IS A  STATE  OF
THE  UNITED  STATES WHICH IS A JURISDICTION THAT DOES NOT AUTHORIZE SUCH
LICENSE OR REGISTRATION BY A PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF
A FELONY; PROVIDED THAT SUCH PERSON SHALL COMPLY WITH  THE  REQUIREMENTS
SET  FORTH  IN  PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION ONE OF SECTION
400.00 OF THIS ARTICLE AND WHERE THERE IS NO GOOD CAUSE FOR  THE  DENIAL
OF THE LICENSE; OR
  (C) SUCH PERSON IS LICENSED IN A STATE OF THE UNITED STATES WHICH IS A
JURISDICTION  THAT  ALLOWS LICENSING BY A PERSON WHO HAS BEEN PREVIOUSLY
CONVICTED OF A FELONY, PROVIDED THAT SUCH PERSON MUST  COMPLY  WITH  THE
REQUIREMENTS  SET FORTH IN PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION ONE
OF SECTION 400.00 OF THIS ARTICLE AND THERE IS NO  GOOD  CAUSE  FOR  THE
DENIAL OF THE LICENSE.
  NOTHING  IN  THIS  SECTION REQUIRES THE GRANTING OF A TEMPORARY PISTOL
LICENSE TO ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A  FELONY  OR
OF  A  CRIME  WHICH,  IF  COMMITTED  IN  THIS  STATE, WOULD BE A FELONY,
NOTWITHSTANDING THAT THE JURISDICTION IN WHICH SUCH PERSON IS  DOMICILED
ALLOWS LICENSING BY SUCH PERSON.
  2. APPLICATIONS.  (A) APPLICATIONS FOR A TEMPORARY LICENSE TO CARRY OR
POSSESS  A  PISTOL  OR  REVOLVER  SHALL BE MADE TO THE DIVISION OF STATE
POLICE AND THE LICENSING OFFICER SHALL BE THE  SUPERINTENDENT  OF  STATE
POLICE.
  (B) THE APPLICATION FOR SUCH TEMPORARY LICENSE SHALL BE APPROVED AS TO
FORM  BY  THE  SUPERINTENDENT  OF THE DIVISION OF STATE POLICE AND SHALL
STATE:
  (I) THE NUMBER OF DAYS FOR WHICH THE  TEMPORARY  LICENSE  WILL  BE  IN
EFFECT,  INCLUDING THE EXACT RANGE OF DATES IT WILL BE IN EFFECT, EXCEPT
THAT SUCH TIME PERIOD SHALL NOT EXCEED NINETY DAYS.
  (II) THE FULL NAME, DATE OF BIRTH,  ADDRESS  OF  PERMANENT  RESIDENCE,
PLACE  OF TEMPORARY RESIDENCE WHILE IN NEW YORK STATE, AND PRESENT OCCU-
PATION OF THE APPLICANT.
  (III) WHETHER OR NOT THE APPLICANT IS A CITIZEN OF THE UNITED STATES.
  (IV) WHETHER OR NOT THE APPLICANT COMPLIES WITH EACH  REQUIREMENT  FOR
ELIGIBILITY  SPECIFIED  IN  SUBDIVISION  ONE  OF  THIS SECTION INCLUDING
DOCUMENTATION REGARDING OTHER STATE LICENSES; AND
  (V) SUCH OTHER FACTS AS MAY BE REQUIRED TO SHOW  THE  GOOD  CHARACTER,
COMPETENCY AND INTEGRITY OF EACH APPLICANT.
  (C) THE BLANK APPLICATION FORM SHALL BE MADE AVAILABLE ON THE NEW YORK
STATE DIVISION OF POLICE WEBSITE.
  (D)  THE  APPLICATION  SHALL  BE SIGNED AND VERIFIED BY THE APPLICANT.
EACH INDIVIDUAL SIGNING AN APPLICATION SHALL SUBMIT  ONE  PHOTOGRAPH  OF
HIMSELF  AND A DUPLICATE FOR EACH REQUIRED COPY OF THE APPLICATION. SUCH
PHOTOGRAPHS SHALL BE TWO INCHES SQUARE AND SHALL HAVE BEEN TAKEN  WITHIN
THIRTY DAYS PRIOR TO SUBMITTING THE APPLICATION.
  (E) THE LICENSING OFFICER SHALL, NO LATER THAN TEN BUSINESS DAYS AFTER
SUCH  SUBMISSION,  CONDUCT  AN  INVESTIGATION AND ASCERTAIN ANY PREVIOUS
CRIMINAL RECORD OF THE APPLICANT PURSUANT TO SUBDIVISION  FOUR  OF  THIS
SECTION.

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  (F)  NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THIS INVESTI-
GATION, THE DIVISION OF STATE POLICE LICENSING OFFICER  SHALL  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  APPLICATION  FOR  A TEMPORARY PISTOL LICENSE BASED UPON
SUCH DETERMINATIONS AND SHALL ISSUE THE LICENSE TO THE APPLICANT  WITHIN
TEN DAYS OF SUCH DETERMINATION.
  (G)  APPLICATIONS  SHALL  BE PROCESSED IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SUBDIVISIONS FOUR-A AND FOUR-B OF SECTION 400.00 OF THIS  ARTI-
CLE, EXCEPT THAT WHERE THE APPLICANT'S ELIGIBILITY IS BASED ON PARAGRAPH
(B)  OF  SUBDIVISION  ONE OF THIS SECTION SUCH APPLICATION MUST BE PROC-
ESSED AND THE INVESTIGATION COMPLETED WITHIN SIXTY DAYS OF SUBMISSION OF
THE APPLICATION TO THE LICENSING OFFICER.
  (H) APPROVED APPLICATIONS SHALL BE MAINTAINED ON FILE BY THE  DIVISION
OF STATE POLICE AFTER ISSUANCE OF THE LICENSE.
  3. INVESTIGATIONS. THE INVESTIGATION REQUIRED FOR ISSUANCE OF A TEMPO-
RARY  LICENSE  TO  CARRY  OR POSSESS A FIREARM SHALL BE CONDUCTED IN THE
SAME MANNER AND UPON THE SAME TERMS  AND  CONDITIONS  AS  INVESTIGATIONS
REQUIRED  FOR LICENSES ISSUED PURSUANT TO SECTION 400.00 OF THIS ARTICLE
PROVIDED, HOWEVER, THE RESULTS SHALL BE PROVIDED TO  THE  SUPERINTENDENT
OF STATE POLICE IN HIS OR HER CAPACITY AS LICENSING OFFICER.
  4. LICENSE FORM, DURATION AND VALIDITY.  (A) ANY LICENSE ISSUED PURSU-
ANT  TO  THIS  SECTION SHALL BE IN ACCORDANCE WITH THE FORM SET FORTH IN
SUBDIVISION SEVEN OF SECTION 400.00 OF THIS ARTICLE.
  (B) ANY LICENSE  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL  BE  VALID
THROUGHOUT  THE STATE EXCEPT WHERE IT WOULD BE LIMITED BY THE PROVISIONS
OF SUBDIVISION SIX OF SECTION 400.00 OF THIS ARTICLE.
  (C) IN NO INSTANCE SHALL THE DURATION OF A  TEMPORARY  LICENSE  EXCEED
NINETY DAYS.
  (D)  THE  TEMPORARY LICENSE SHALL, IN AT LEAST 16 POINT FONT, INDICATE
THAT IT IS A TEMPORARY LICENSE AND INDICATE THE EXPIRATION DATE OF  SUCH
TEMPORARY LICENSE.
  (E) A TEMPORARY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED
OR  SUSPENDED  ON THE SAME TERMS AND UNDER THE SAME CIRCUMSTANCES AS SET
FORTH IN SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS ARTICLE.
  5. FEES. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL  FIX
A  LICENSING  FEE  TO  BE  CHARGED  FOR  A TEMPORARY LICENSE TO CARRY OR
POSSESS A PISTOL OR REVOLVER BASED ON THE EXPENSE OF  CARRYING  OUT  THE
PROVISIONS  OF THIS SECTION. SUCH FEE MAY BE ADJUSTED BY THE SUPERINTEN-
DENT OF THE DIVISION OF STATE POLICE, ON AN ANNUAL BASIS,  WHERE  NECES-
SARY  TO  ENSURE THAT THE LICENSING FEES ADEQUATELY COVER THE EXPENSE OF
CARRYING OUT  THE  PROVISIONS  OF  THIS  SECTION  WITHOUT  SIGNIFICANTLY
EXCEEDING SUCH COSTS.
  6.  APPLICABILITY  OF  SECTION.  THE PROVISIONS OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A  FIREARM,
SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
SECTION  BY  A  PERSON  HOLDING  AN  OTHERWISE  VALID  LICENSE UNDER THE
PROVISIONS OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE  AS
A CLASS A MISDEMEANOR.
  S 5. Section 265.10 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
  2-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF ANY LAW OR ANY RULE OR
REGULATION OF THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION  THERE-
OF,  ANY  PERSON  WHO  IS  NOT  OTHERWISE PROHIBITED BY FEDERAL LAW FROM
TRANSPORTING, SHIPPING, OR RECEIVING A  FIREARM  SHALL  BE  ENTITLED  TO
TRANSPORT  A  FIREARM FOR ANY LAWFUL PURPOSE THROUGH NEW YORK STATE FROM

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ANY PLACE WHERE HE MAY LAWFULLY POSSESS AND CARRY SUCH  FIREARM  TO  ANY
OTHER  PLACE  WHERE  HE  MAY LAWFULLY POSSESS AND CARRY SUCH FIREARM IF,
DURING SUCH TRANSPORTATION THE FIREARM  IS  UNLOADED,  AND  NEITHER  THE
FIREARM NOR ANY AMMUNITION BEING TRANSPORTED IS READILY ACCESSIBLE OR IS
DIRECTLY  ACCESSIBLE FROM THE PASSENGER COMPARTMENT OF SUCH TRANSPORTING
VEHICLE; PROVIDED, THAT, IN THE CASE OF A VEHICLE WITHOUT A  COMPARTMENT
SEPARATE  FROM  THE DRIVER'S COMPARTMENT THE FIREARM OR AMMUNITION SHALL
BE CONTAINED IN A LOCKED CONTAINER OTHER THAN THE GLOVE  COMPARTMENT  OR
CONSOLE.
  S  6.  Subdivision 3 of section 265.03 of the penal law, as amended by
chapter 745 of the laws of 2006, is amended to read as follows:
  (3) such person possesses any loaded firearm.  Such  possession  shall
not, except as provided in subdivision one or seven of section 265.02 of
this  article,  constitute  a  violation  of  this  subdivision  if such
possession takes place in such person's home or place of business.    IT
SHALL  BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS SUBDIVISION THAT
SUCH PERSON IS A NONRESIDENT OF NEW YORK STATE WHO IS DULY AUTHORIZED TO
CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON
IS A RESIDENT OF NEW YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM,
AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED WITH ANY VIOLATION OF
THIS SECTION.
  S 7. Section 265.01 of the penal law is amended by adding a new undes-
ignated paragraph to read as follows:
  IT SHALL BE AN AFFIRMATIVE DEFENSE TO A  CHARGE  OF  POSSESSION  OF  A
FIREARM  UNDER  SUBDIVISION  ONE OF THIS SECTION IF SUCH POSSESSION OF A
FIREARM IS BY A NONRESIDENT OF NEW YORK STATE WHO IS AUTHORIZED TO CARRY
SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS  A
RESIDENT  OF  NEW  YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM IN
NEW YORK STATE, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED  WITH
POSSESSION OF A FIREARM UNDER THIS SECTION.
  S  8.   This act shall take effect on the ninetieth day after it shall
have become a law.