Senate Bill S2442

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

                                  2442

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced  by Sens. GIANARIS, AVELLA, BRESLIN, HASSELL-THOMPSON, KRUEG-
  ER, MONTGOMERY, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY  --  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 requiring persons possess-
  ing a firearm to hold a firearms safety certificate

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

  Section 1. Subdivisions 6, 7 and 8 of section 265.01 of the penal law,
as  amended  by  chapter  1  of  the laws of 2013, are amended and a new
subdivision 9 is added to read as follows:
  (6) He OR SHE is a person who  has  been  certified  not  suitable  to
possess a rifle or shotgun, as defined in subdivision sixteen of section
265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or
shotgun upon the demand of a police officer. Whenever a person is certi-
fied  not suitable to possess a rifle or shotgun, a member of the police
department to which such certification is made, or of the state  police,
shall  forthwith  seize any rifle or shotgun possessed by such person. A
rifle or shotgun seized as [herein] provided IN THIS  SUBDIVISION  shall
not  be  destroyed,  but  shall be delivered to the headquarters of such
police department, or state police, and there retained until the  afore-
said  certificate  has  been  rescinded  by the director or physician in
charge, or other disposition of such rifle or shotgun has  been  ordered
or authorized by a court of competent jurisdiction[.]; OR
  (7)  He  OR  SHE  knowingly possesses a bullet containing an explosive
substance designed to detonate upon impact[.]; OR
  (8) He OR SHE possesses any armor piercing ammunition with  intent  to
use the same unlawfully against another[.]; OR
  (9)  HE  OR  SHE  POSSESSES A FIREARM, NOT BEING THE HOLDER OF A VALID
FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO SECTION  400.15  OF  THIS
CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03185-01-5
              

S. 2442                             2

  S  2.  The penal law is amended by adding a new section 400.15 to read
as follows:
S 400.15 FIREARMS SAFETY CERTIFICATE.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A)  "COMMISSIONER" MEANS THE COMMISSIONER OF THE POLICE DEPARTMENT OF
A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (B) "SHERIFF" MEANS THE SHERIFF OF THE COUNTY IN  WHICH  AN  APPLICANT
RESIDES, EXCEPT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  2.  NO  PERSON  SHALL  POSSESS  A  FIREARM  UNLESS SUCH PERSON HOLDS A
FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO THIS SECTION.
  3. EVERY PERSON APPLYING  FOR  A  FIREARMS  SAFETY  CERTIFICATE  SHALL
SUBMIT  AN APPLICATION TO THE SHERIFF OR THE COMMISSIONER IF SUCH PERSON
RESIDES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  SUCH APPLI-
CATION SHALL BE IN SUCH FORM AND CONTENT AS SHALL BE ESTABLISHED BY  THE
SHERIFF OR THE COMMISSIONER, AND SHALL INCLUDE:
  (A) THE APPLICANT'S NAME, ADDRESS, RESIDENCE TELEPHONE NUMBER, GENDER,
RACE,  HEIGHT,  WEIGHT, DATE OF BIRTH, CITIZENSHIP, THUMBPRINT AND DRIV-
ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER;
  (B) THE APPLICANT'S SIGNATURE; AND
  (C) AN OATH THAT ALL INFORMATION IN THE APPLICATION IS  TRUE,  SUBJECT
TO THE PENALTIES OF PERJURY.
  4.  THE  COURSE  OF  INSTRUCTION FOR THE ISSUANCE OF A FIREARMS SAFETY
CERTIFICATE SHALL INCLUDE THE SUCCESSFUL COMPLETION BY THE APPLICANT OF:
  (A) NOT LESS THAN FIVE HOURS OF CLASSROOM INSTRUCTION ON:
  (I) THE SAFE USE AND HANDLING OF FIREARMS;
  (II) THE METHODS FOR SAFELY STORING AND SECURING FIREARMS, AND KEEPING
CHILDREN SAFE WHEN SUCH WEAPONS ARE PRESENT; AND
  (III) THE APPLICABLE FEDERAL, STATE AND LOCAL  LAWS  RELATING  TO  THE
PURCHASE, SALE, POSSESSION, TRANSPORTATION AND STORAGE OF FIREARMS;
  (B)  NOT  LESS THAN TWO HOURS OF LIVE FIRING INSTRUCTION AT A SHOOTING
RANGE USING THE TYPE OF FIREARM THE  APPLICANT  ANTICIPATES  PURCHASING,
POSSESSING OR ACQUIRING; AND
  (C)  A  SAFE-HANDLING  OF  A FIREARM DEMONSTRATION AS ATTESTED TO BY A
DULY AUTHORIZED INSTRUCTOR.
  5. EVERY FIREARMS SAFETY COURSE, FOR THE COMPLETION OF WHICH AN APPLI-
CANT IS GRANTED A FIREARMS SAFETY CERTIFICATE, SHALL BE APPROVED BY  THE
SHERIFF  OR THE COMMISSIONER AND SHALL BE CONDUCTED BY A DULY AUTHORIZED
INSTRUCTOR. THE SHERIFF OR THE COMMISSIONER MAY,  FOR  THE  PURPOSES  OF
FIREARMS  SAFETY  COURSES  REQUIRED  BY  THIS  SECTION,  PROVIDE FOR THE
APPROVAL OF FIREARM SAFETY COURSES REQUIRED OR PROVIDED FOR PURSUANT  TO
ANY FEDERAL OR STATE LAW.
  6.  UPON  THE  SUCCESSFUL COMPLETION OF A FIREARMS SAFETY COURSE BY AN
APPLICANT, THE DULY AUTHORIZED INSTRUCTOR OF SUCH COURSE  SHALL  PROVIDE
THE  APPLICANT  WITH  A  SIGNED  AFFIDAVIT  ATTESTING TO THE APPLICANT'S
SUCCESSFUL COMPLETION OF THE COURSE. SUCH AFFIDAVIT  SHALL  INCLUDE  THE
NAME,  ADDRESS  AND  TELEPHONE NUMBER OF THE DULY AUTHORIZED INSTRUCTOR;
THE NAME OF THE APPLICANT; AND THE DATES AND PLACES THAT THE COURSE  WAS
CONDUCTED.
  7.  UPON  RECEIPT OF THE AFFIDAVIT REQUIRED BY SUBDIVISION SIX OF THIS
SECTION, THE APPLICANT SHALL SUBMIT A COPY  OF  SUCH  AFFIDAVIT  TO  THE
SHERIFF  OR  THE  COMMISSIONER  AND HE OR SHE SHALL ADMINISTER A WRITTEN
EXAMINATION, ESTABLISHED BY  HIM  OR  HER,  DEMONSTRATING  KNOWLEDGE  OF
FIREARMS SAFETY AND LAWS APPLICABLE TO FIREARMS.
  (A)  A FIREARMS SAFETY CERTIFICATE SHALL BE ISSUED TO AN APPLICANT WHO
SCORES SEVENTY-FIVE PERCENT OR HIGHER ON SUCH EXAMINATION.

S. 2442                             3

  (B) IF AN APPLICANT FAILS SUCH WRITTEN  EXAMINATION,  HE  OR  SHE  MAY
RETAKE  SUCH  EXAMINATION  AT  LEAST  TWENTY-FOUR  HOURS  AFTER  A PRIOR
ATTEMPT. THE SAME VERSION OF SUCH WRITTEN EXAMINATION SHALL NOT BE GIVEN
TO AN APPLICANT UPON ANY TWO CONSECUTIVE TAKINGS THEREOF.  NO  APPLICANT
SHALL  BE  OFFERED  THE WRITTEN EXAMINATION MORE THAN THREE TIMES. AFTER
THE THIRD FAILURE BY AN APPLICANT, HE OR SHE SHALL BE REQUIRED TO  AGAIN
SUCCESSFULLY  COMPLETE  THE REQUIREMENTS OF SUBDIVISIONS FOUR AND SIX OF
THIS SECTION.
  (C) APPLICANTS MAY BE CHARGED A FEE TO COVER THE COSTS OF  ADMINISTER-
ING THE WRITTEN EXAMINATION.
  8. UPON SUCCESSFUL COMPLETION OF THE REQUIREMENTS OF SUBDIVISION SEVEN
OF  THIS  SECTION BY AN APPLICANT, THE SHERIFF OR THE COMMISSIONER SHALL
ISSUE SUCH APPLICANT A  FIREARMS  SAFETY  CERTIFICATE.  FIREARMS  SAFETY
CERTIFICATES  SHALL  NOT BE TRANSFERABLE. THE HOLDER THEREOF SHALL STORE
SUCH CERTIFICATE IN THE PLACE WHERE HIS  OR  HER  FIREARMS  ARE  STORED,
EXCEPT THAT SUCH CERTIFICATE SHALL BE CARRIED ON THE PERSON OF THE HOLD-
ER  IF A FIREARM IS POSSESSED OUTSIDE OF THE HOLDER'S RESIDENCE OR PLACE
OF BUSINESS. UPON REQUEST OF A POLICE OFFICER, A FIREARMS SAFETY CERTIF-
ICATE SHALL BE DISPLAYED BY THE HOLDER TO SUCH OFFICER.
  9. EVERY FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
SHALL  BE  VALID  FOR  A  PERIOD  OF  TWO YEARS, AND MAY BE RENEWED UPON
COMPLETION OF THE REQUIREMENTS OF THIS SECTION.
  10. NO PERSON SHALL SELL OR TRANSFER POSSESSION OF A  FIREARM  TO  ANY
PERSON WHO DOES NOT HOLD A FIREARMS SAFETY CERTIFICATE.
  11. A FIREARMS SAFETY CERTIFICATE SHALL BE REVOKED:
  (A) FOR THE VIOLATION OF ANY PROVISION OF LAW RELATING TO FIREARMS;
  (B) FOR FRAUD, MISREPRESENTATION OR BRIBERY IN THE APPLICATION FOR AND
ISSUANCE OF THE FIREARMS SAFETY CERTIFICATE;
  (C) IF THE HOLDER IS DISQUALIFIED FROM POSSESSING A FIREARM; OR
  (D)  THE  OCCURRENCE OF ANY CIRCUMSTANCE WHICH WOULD HAVE DISQUALIFIED
THE HOLDER FROM BEING ISSUED A FIREARMS SAFETY CERTIFICATE.
  12. THIS SECTION SHALL NOT APPLY TO:
  (A) POLICE OFFICERS AS DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION
1.20  OF THE CRIMINAL PROCEDURE LAW, OR RETIRED POLICE OFFICER, WHO UPON
SEPARATION FROM A LAW ENFORCEMENT AGENCY  WAS  IMMEDIATELY  ENTITLED  TO
RECEIVE  RETIREMENT BENEFITS PURSUANT TO THE RETIREMENT AND SOCIAL SECU-
RITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
  (B) PEACE OFFICERS AS DEFINED IN SECTION 2.10 OF THE  CRIMINAL  PROCE-
DURE LAW;
  (C)  LICENSED  MANUFACTURERS, TRANSPORTERS AND SELLERS OF FIREARMS WHO
POSSESS SUCH WEAPONS FOR PURPOSES OF WHOLESALE OR  RETAIL  SALES,  WHILE
ENGAGED IN THE SCOPE OF THEIR LICENSED ACTIVITIES;
  (D) NONRESIDENTS OF THE STATE PARTICIPATING IN ANY LAWFUL RECREATIONAL
FIREARMS  RELATED  ACTIVITY, AND WHILE IN THE COURSE OF TRAVELING TO AND
FROM SUCH RECREATION ACTIVITY; OR
  (E) ANY PERSON WHO TEMPORARILY POSSESSES A FIREARM IN THE RESIDENCE OR
PLACE OF BUSINESS OF THE HOLDER OF A FIREARMS  SAFETY  CERTIFICATE,  AND
SUCH  POSSESSION  OCCURS  IN  THE  COURSE OF USING DEADLY PHYSICAL FORCE
AUTHORIZED BY ARTICLE THIRTY-FIVE OF THIS CHAPTER.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the provisions of subdivision 9 of section 265.01 of the penal law,
as added by section one of this act, and subdivision 2 of section 400.15
of the penal law, as added by section two of this act, shall  not  apply
to any person who possesses a firearm on the effective date of this act,
until the ninetieth day after such date.