S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    349
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
   AUBRY -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to requiring proof of liabil-
   ity insurance prior to the issuance of a license to carry a firearm
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 1 of section 400.00  of  the  penal  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section  except  by  the licensing officer, and then only after investi-
 gation and finding that all statements in a  proper  application  for  a
 license  are  true.  No license shall be issued or renewed except for an
 applicant (a) twenty-one years of age or older, provided, however,  that
 where  such  applicant  has  been  honorably  discharged from the United
 States army, navy, marine corps,  air  force  or  coast  guard,  or  the
 national  guard  of the state of New York, no such age restriction shall
 apply; (b) of good moral character;  (c)  who  has  not  been  convicted
 anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
 from justice; (e) who is not an unlawful user  of  or  addicted  to  any
 controlled  substance as defined in section 21 U.S.C. 802; (f) who being
 an alien (i) is not illegally or unlawfully in the United States or (ii)
 has not been admitted to the United States  under  a  nonimmigrant  visa
 subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
 discharged from the Armed Forces under dishonorable conditions; (h) who,
 having been a citizen of the United States, has not renounced his or her
 citizenship; (i) who has stated whether he or she has ever suffered  any
 mental illness; (j) who has not been involuntarily committed to a facil-
 ity  under  the  jurisdiction  of  an office of the department of mental
 hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
 article seven hundred thirty or section 330.20 of the criminal procedure
 law,  section  four  hundred two or five hundred eight of the correction
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06406-01-7

 A. 349                              2
 
 law, section 322.2 or 353.4 of the family court act,  or  has  not  been
 civilly  confined in a secure treatment facility pursuant to article ten
 of the mental hygiene law; (k) who has not had a license revoked or  who
 is  not under a suspension or ineligibility order issued pursuant to the
 provisions of section 530.14 of the criminal procedure  law  or  section
 eight  hundred forty-two-a of the family court act; (l) in the county of
 Westchester, who has successfully completed a firearms safety course and
 test as evidenced by a certificate of completion issued in  his  or  her
 name  and endorsed and affirmed under the penalties of perjury by a duly
 authorized instructor,  except  that:  (i)  persons  who  are  honorably
 discharged  from  the  United  States  army, navy, marine corps or coast
 guard, or of the national guard of the state of New  York,  and  produce
 evidence  of  official  qualification  in  firearms  during  the term of
 service are not required to have completed those  hours  of  a  firearms
 safety  course pertaining to the safe use, carrying, possession, mainte-
 nance and storage of a firearm; and (ii) persons who  were  licensed  to
 possess  a  pistol or revolver prior to the effective date of this para-
 graph are not required to have completed a firearms  safety  course  and
 test;  (m)  who has not had a guardian appointed for him or her pursuant
 to any provision of state law, based on a determination that as a result
 of marked subnormal intelligence, mental illness, incapacity,  condition
 or  disease,  he  or she lacks the mental capacity to contract or manage
 his or her own affairs; [and] (n) WHO SUBMITS PROOF OF PERSONAL  LIABIL-
 ITY  INSURANCE;  AND  (O)  concerning  whom no good cause exists for the
 denial of the license.  No  person  shall  engage  in  the  business  of
 gunsmith or dealer in firearms unless licensed pursuant to this section.
 An  applicant  to engage in such business shall also be a citizen of the
 United States, more than twenty-one years of age and maintain a place of
 business in the city or county where the license  is  issued.  For  such
 business, if the applicant is a firm or partnership, each member thereof
 shall  comply with all of the requirements set forth in this subdivision
 and if the applicant is a corporation, each  officer  thereof  shall  so
 comply.
   § 2. This act shall take effect on the first of November next succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 licenses issued or renewed on or after such date.