Senate Bill S3716

                                BILL NUMBER:S3716

TITLE OF BILL:  An act to amend the penal law, in relation to purchase
and possession of rifles and shotguns by convicted felons

PURPOSE OR GENERAL IDEA OF BILL:

To require persons convicted of a felony to apply for a shotgun and or
a rifle to a licensing officer in order to purchase, carry, possess,
repair or dispose of rifles and or shotguns.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the Penal Law by adding a new section
400.04. Part 1 of new section 400.04 requires a person who is
convicted of a felony to apply to a licensing officer in their city or
county where they preside in order to purchase, carry, possess, repair
or dispose of rifles and or shotguns.

Part 2 of section 400.04 establishes that the application for the
license shall be in the same form as prescribed by section 400.00 of
the Penal Law.

JUSTIFICATION:

This bill is necessary to insure that the application for the
              

registration of shotguns and rifles by convicted felons are reviewed
by a qualified licensing officer who can assess if the applicant
should be able to purchase, carry, possess, repair or dispose of
rifles and or shotguns.

This bill proposes to amend § 265.00 (11) and (12) of the penal Law to
define a rifle or shotgun as a "firearm" and requiring persons
convicted of a felony to apply for a permit from their applicable law
enforcement jurisdiction for the purchase, exchange, possession or use
of an operable rifle or shot gun (as defined in § 10.00(8)).

Currently, with the exception of New York City, there is no
requirement for any person to acquire a permit to purchase, register,
license or permit to carry a rifle or a shotgun. This amendment does
not seek to infringe upon the constitutional rights guaranteed by
Article 2, Section 4 of the New York Civil Rights Law which provides
for a "well regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms." However,
it does seek to limit access to any "firearm" to a convicted felon by
requiring the submission of an application for a permit to purchase,
exchange, posses or use an operable rifle or shotgun.

The impact of such an enacted law would require the judicial system to
make the determination in each case.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:


To be determined.

EFFECTIVE DATE:

This act shall take effect 180 days after it shall become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implantation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.