The New York State Senate

                    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.