NY State Senate Bill 2015-S7139

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 31, 2016	referred to codes

2015-S7139 (ACTIVE) - Details

See Assembly Version of this Bill:: A3619
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.20, 400.00, 265.10, 265.03 & 265.01, add §400.04, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6525
2017-2018: S3917, A2817
2019-2020: A859

2015-S7139 (ACTIVE) - Summary

Creates a process for the issuance of a temporary permit to carry or possess a firearm for persons who are not residents of the state of New York; provides an affirmative defense to possession of a loaded firearm by certain persons and provides reciprocity for persons licensed in other states.

2015-S7139 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7139

 TITLE OF BILL :  An act to amend the penal law, in relation to
possession of a pistol or revolver

 PURPOSE :

To create a process for the issuance of a temporary permit to carry or
possess a firearm for persons who are not residents of the state of
New York and provide an affirmative defense to possession of a loaded
firearm by certain persons and provides reciprocity for persons
licensed in other states.

 SUMMARY OF PROVISIONS :

Section 1 amends Penal Law § 265.20 by extending the exemption from
prosecution for illegal possession of a firearm to include holders of
a temporary pistol permit.

Section 2 amends Penal Law § 265.20 by adding a new subdivision "f'
which allows a non resident of NYS, who is duly licensed to carry a
concealed firearm in such person's home state, to carry a concealed
firearm in NYS, provided that such person complies with the laws of
the home state and is subject to the same conditions and limitations
(except as to eligibility to possess or carry) imposed on NYS
residents by federal or NYS law. In addition, such persons must carry

a specified, photo ID and not have an intent to use the firearm for an
illegal purpose. Should the nonresident become a NYS resident the
licensee would have sixty days to file an application to acquire a NYS
license.

Section 3 amends Penal Law § 400.00 to authorize the issuance of a
temporary pistol permit.

Section 4 amends Penal Law Article 400 by adding a new section 400.04
which outlines the eligibility and the procedure for acquiring a
temporary pistol permit. This section provides an avenue for
nonresidents of NYS, who do not live in a state which issues permits
to possess or carry a concealed firearm, to be able to legally carry a
firearm which is legal in their home state, in NYS on a temporary
basis.

Section 5 amends Penal Law § 265.10 by adding a new subdivision 2-a,
which codifies into NYS law, federal law regarding the ability to
legally transport a firearm' through NYS under certain circumstances.

Section 6 amends Penal Law § 265.03 to provide for an affirmative
defense to the penal law crime of possession of a loaded firearm where
a nonresident is authorized to possess and carry such firearm under
the laws of his or her home state, or where a resident of NYS is
licensed to possess and carry such firearm in NYS, but only if this is
a first offense.

Section 7 amends Penal Law § 265.01 to provide for an affirmative
defense to the penal law crime of possession of a firearm, where a
nonresident is authorized to possess and carry such firearm under the
laws of his or her home state, or where a resident of NYS is licensed
to possess and carry such firearm in NYS, but only if this is a first
offense.

Section 8 is the effective date.

 JUSTIFICATION :

This legislation will provide pistol permit reciprocity for
law-abiding gun owners traveling to New York from other states and is
necessary to ensure that law-abiding gun owners visiting New York are
not punished for mistakenly violating state gun possession laws. .
Under this legislation, non-residents, may possess and carry a
concealed firearm in New York State, if they are in possession of a
valid permit issued by another state, carry a valid photo
identification document and do not have any intent to use their
firearm for an illegal purpose. This legislation would also establish
a process to allow for temporary licenses to carry or possess a
firearm in New York State for residents of other states, which do not
require a license or permit to possess or carry a firearm. Lastly,
this measure will provide protection to all law-abiding gun owners
from other states or licensed New York State residents by creating an
affirmative defense to a charge of possession of a firearm, or loaded
firearm if the person has not previously been charged with possession
of a firearm.

 PRIOR LEGISLATIVE HISTORY :

A.6525 (2013-14), Held in Codes;
A.9086 (2011-12), Held in Codes.

 FISCAL IMPLICATIONS :

None.

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

2015-S7139 (ACTIVE) - Bill Text download pdf

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

                                  7139

                            I N  S E N A T E

                             March 31, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- 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 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
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:

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

                                                           LBD02842-01-5

S. 7139                             2

  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:
  (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-

S. 7139                             3

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.
  (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

S. 7139                             4

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
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

S. 7139                             5

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.

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Senate Bill S7139

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S7139 (ACTIVE) - Details

2015-S7139 (ACTIVE) - Summary

2015-S7139 (ACTIVE) - Sponsor Memo

2015-S7139 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7139

Share this bill

Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S7139 (ACTIVE) - Details

2015-S7139 (ACTIVE) - Summary

2015-S7139 (ACTIVE) - Sponsor Memo

2015-S7139 (ACTIVE) - Bill Text download pdf

Comments