Assembly Bill A2299

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2299
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  WOERNER,  BLAKE,  CRESPO, STEC, SCHIMMINGER,
   PALMESANO, WALTER,  BARRETT,  GUNTHER,  BRINDISI,  STIRPE,  SKARTADOS,
   KEARNS, FAHY, MALLIOTAKIS, MURRAY, FITZPATRICK, BLANKENBUSH, LAWRENCE,
   LALOR,  BUTLER, LOPEZ, DiPIETRO, LUPINACCI, RAIA, PALUMBO, McDONALD --
   Multi-Sponsored by -- M. of A. COOK, HAWLEY, LUPARDO -- read once  and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to authorizing the possession
   of  a pistol or revolver while attending a pre-license firearms safety
   course
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 265.20 of the penal law is amended
 by adding a new paragraph 7-g to read as follows:
   7-G.  POSSESSION  OF  A PISTOL OR REVOLVER BY A PERSON WHO HAS APPLIED
 FOR A LICENSE TO POSSESS A PISTOL OR REVOLVER AND PRE-LICENSE POSSESSION
 OF SAME PURSUANT TO SECTION 400.00 OF THIS CHAPTER,  WHO  HAS  NOT  BEEN
 PREVIOUSLY  DENIED  A  LICENSE, BEEN PREVIOUSLY CONVICTED OF A FELONY OR
 SERIOUS OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A THREAT TO  BE,
 A DANGER TO HIMSELF, HERSELF OR TO OTHERS, AND WHO HAS BEEN APPROVED FOR
 POSSESSION  IN  ACCORDANCE WITH SECTION 400.00 OF THIS CHAPTER; PROVIDED
 THAT SUCH POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY  LICENSED  TO
 AND  SHALL  BE POSSESSED UNDER THE SUPERVISION, GUIDANCE AND INSTRUCTION
 OF A CERTIFIED FIREARMS SAFETY COURSE INSTRUCTOR, AND  PROVIDED  FURTHER
 THAT SUCH POSSESSION OCCURS DURING THE COURSE OF A CERTIFIED PRE-LICENSE
 FIREARMS SAFETY COURSE IN WHICH SUCH PERSON IS ENROLLED.
   §  2.  Paragraph  (b)  of subdivision 3 of section 400.00 of the penal
 law, as added by chapter 778 of the laws of 1985, is amended to read  as
 follows:
   (b) Application for an exemption under paragraph seven-b OR SEVEN-G of
 subdivision a of section 265.20 of this chapter. Each applicant desiring
 to  obtain  the  exemption  set forth in paragraph seven-b OR SEVEN-G of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00308-01-7

 A. 2299                             2
 
 subdivision a of section 265.20 of this chapter shall make such  request
 in writing of the licensing officer with whom his OR HER application for
 a license is filed, at the time of filing such application. Such request
 shall  include  a signed and verified statement by the person authorized
 to instruct and supervise the applicant, that has met with the applicant
 and that he OR SHE has determined that, in his  OR  HER  judgment,  said
 applicant  does  not  appear  to be or poses a threat to be, a danger to
 himself, HERSELF or to others. He OR SHE shall include a copy of his  OR
 HER certificate as an instructor in small arms, if he OR SHE is required
 to  be certified, and state his OR HER address and telephone number.  He
 OR SHE shall specify the exact location by name, address  and  telephone
 number  where  such  instruction will take place. Such licensing officer
 shall, no later than ten business days after such  filing,  request  the
 duly  constituted police authorities of the locality where such applica-
 tion is made to investigate and ascertain any previous  criminal  record
 of  the  applicant  pursuant  to subdivision four of this section.  Upon
 completion of this investigation, the police authority shall report  the
 results  to the licensing officer without unnecessary delay. The licens-
 ing officer shall no later than ten business days after the  receipt  of
 such  investigation,  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 applicant for
 exemption purposes based upon such determinations. If the  applicant  is
 approved  for  the  exemption,  the  licensing  officer shall notify the
 appropriate duly constituted police authorities and the applicant.  Such
 exemption  shall terminate if the application for the license is denied,
 or at any earlier time  based  upon  any  information  obtained  by  the
 licensing  officer  or  the  appropriate  police authorities which would
 cause the license to be denied. The  applicant  and  appropriate  police
 authorities shall be notified of any such terminations.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.