S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2175
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law and the state finance law, in relation  to
   an examination for firearm proficiency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Section 400.00 of the penal law is amended by adding a new
 subdivision 14-a to read as follows:
   14-A. (A) NO PERSON SHALL HAVE OR POSSESS  A  FIREARM  AS  DEFINED  IN
 SUBDIVISION  THREE  OF  SECTION  265.00 OF THIS CHAPTER UNLESS HE OR SHE
 SHALL HAVE SUCCESSFULLY COMPLETED AN EXAMINATION AND MET THE APPROPRIATE
 STANDARDS AS ESTABLISHED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
 JUSTICE SERVICES HEREINAFTER REFERRED TO  AS  THE  COMMISSIONER  IN  THE
 EXECUTIVE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (B)  THE COMMISSIONER SHALL, IN COOPERATION WITH THE SUPERINTENDENT OF
 THE DIVISION OF  THE  STATE  POLICE,  ESTABLISH  MINIMUM  STANDARDS  FOR
 FIREARM PROFICIENCY AND DEVELOP AN EXAMINATION TO MEASURE FIREARM PROFI-
 CIENCY.
   (C)  THE  COMMISSIONER SHALL IN COOPERATION WITH THE SUPERINTENDENT OF
 THE DIVISION OF STATE POLICE PROVIDE THE STANDARDS AND  EXAMINATIONS  ON
 REQUEST  TO  ANY  QUALIFIED  FIREARM  INSTRUCTOR AND ALL LAW ENFORCEMENT
 AGENCIES WITHIN THE STATE. THE PROFICIENCY EXAMINATION MAY BE  CONDUCTED
 BY  ANY QUALIFIED FIREARM INSTRUCTOR APPROVED BY THE COMMISSIONER OR LAW
 ENFORCEMENT AGENCY AND SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) A WRITTEN SECTION ON THE LAWS RELATING TO FIREARMS;
   (II) A PHYSICAL DEMONSTRATION OF PROFICIENCY IN THE  USE  OF  FIREARMS
 AND IN FIREARMS SAFETY PROCEDURES;
   (III)  A  LEVEL OF KNOWLEDGE CONCERNING A LICENSEE'S DUTIES, RESPONSI-
 BILITIES AND LIABILITIES PURSUANT TO THIS CHAPTER AND CIVIL STATUTES  OF
 THE STATE OF NEW YORK AND OF THE UNITED STATES; AND
   (IV) A LEVEL OF PROFICIENCY IN FIREARM SAFETY.
   IN  ESTABLISHING  SUCH  STANDARDS,  THE  COMMISSIONER  SHALL ESTABLISH
 FIREARM PROFICIENCY STANDARDS CONSISTENT WITH THE AVERAGE FIREARM  OWNER
 OF THE STATE.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01429-01-7

 A. 2175                             2
 
   (D)  THE COMMISSIONER SHALL DEVELOP AND DISTRIBUTE DIRECTIONS FOR TEST
 ADMINISTRATION AND RECORD KEEPING. ALL TEST RESULTS SHALL  BE  FORWARDED
 TO THE COMMISSIONER WHO SHALL MAINTAIN A RECORD OF SUCH RESULTS.
   (E)  THE  COMMISSIONER SHALL DEVELOP A FIREARM PROFICIENCY CERTIFICATE
 WHICH SHALL BE DISTRIBUTED TO ALL QUALIFIED FIREARM INSTRUCTORS AND  LAW
 ENFORCEMENT AGENCIES.
   (F) UPON SUCCESSFUL COMPLETION OF SUCH FIREARM PROFICIENCY EXAMINATION
 THE   INSTRUCTOR  SHALL  ENDORSE  THE  FIREARM  PROFICIENCY  CERTIFICATE
 REFLECTING SUCCESSFUL PASSAGE OF THE EXAMINATION.
   (G) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PERSON:
   (I) IN THE DISCHARGE OF HIS OR HER ACTUAL DUTIES AS A  MEMBER  OF  THE
 ARMED  FORCES,  THE  NATIONAL GUARD OR CORRECTIONS OFFICER EMPLOYED IN A
 CORRECTIONAL FACILITY; OR
   (II) WHO IS A DULY AUTHORIZED MEMBER OF A LAW  ENFORCEMENT  AGENCY  OF
 THE STATE OF NEW YORK OR OF THE UNITED STATES; OR
   (III) WHO IS A POLICE OFFICER AS DEFINED IN SECTION 1.20 OF THE CRIMI-
 NAL PROCEDURE LAW OR A RETIRED POLICE OFFICER.
   (H)  NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SUBDIVISION OR
 ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO  LICENSE  TO  HAVE
 AND  POSSESS  A  FIREARM  SHALL  BE  ISSUED  OR RENEWED PURSUANT TO THIS
 SECTION OR ANY OTHER  APPLICABLE  PROVISION  OF  LAW  RELATING  THERETO,
 UNLESS  THE  LICENSEE OR APPLICANT SHALL SUBMIT TO THE ISSUING OFFICER A
 FIREARM  PROFICIENCY  CERTIFICATE  APPROVED  BY  THE  COMMISSIONER   AND
 ENDORSED BY THE FIREARM INSTRUCTOR.
   (I)  THE  COMMISSIONER  SHALL  ADOPT  A  SCHEDULE OF FEES NECESSARY TO
 ADMINISTER THE PROVISIONS OF THIS SUBDIVISION WHICH SHALL  BE  COLLECTED
 BY THE INSTRUCTORS AND LAW ENFORCEMENT AGENCIES CONDUCTING SUCH EXAMINA-
 TIONS  WHICH  SHALL  BE  TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE
 SERVICES WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH FEES FOR  DEPOSIT  IN
 THE FIREARM PROFICIENCY EXAMINATION FUND ESTABLISHED PURSUANT TO SECTION
 NINETY-TWO-O OF THE STATE FINANCE LAW.
   §  2. The state finance law is amended by adding a new section 92-o to
 read as follows:
   § 92-O. FIREARM PROFICIENCY  EXAMINATION  FUND.  1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS  THE  FIREARM
 PROFICIENCY EXAMINATION FUND.
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM FEES RECEIVED
 PURSUANT  TO  SUBDIVISION  FOURTEEN-A OF SECTION 400.00 OF THE PENAL LAW
 FOR FIREARM PROFICIENCY EXAMINATIONS, AND ALL OTHER MONEYS  CREDITED  OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  MONEYS  OF THE FUND SHALL BE EXPENDED FOR THE EXPENSES OF CARRYING
 OUT THE FIREARM PROFICIENCY EXAMINATIONS PURSUANT TO  SUBDIVISION  FOUR-
 TEEN-A OF SECTION 400.00 OF THE PENAL LAW.
   4. MONEY SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF THE
 STATE  COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES OR HIS OR HER  DESIGNEE  IN
 THE MANNER PRESCRIBED BY LAW.
   § 3. This act shall take effect on the first of November next succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of the foregoing sections of this act
 on their effective date is authorized to be made, by the commissioner of
 the division of criminal justice services, on or before  such  effective
 date.