S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5849
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced by M. of A. CASTORINA, CROUCH, DiPIETRO, FRIEND, MONTESANO --
   read once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to the validity of a license
   to carry and possess a firearm in the city of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of  section  400.00  of the penal law, as
 amended by chapter 318 of the laws  of  2002,  is  amended  to  read  as
 follows:
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance.    No  license shall be transferable to any other person or prem-
 ises. A license to carry or possess a pistol or revolver, not  otherwise
 limited as to place or time of possession, shall be effective throughout
 the  state,  except  that the same shall not be valid within the city of
 New York unless a special permit granting  validity  is  issued  by  the
 police commissioner of that city. Such license to carry or possess shall
 be  valid  within the city of New York in the absence of a permit issued
 by the police commissioner of that city, provided that (a) the  firearms
 covered by such license have been purchased from a licensed dealer with-
 in  the  city  of  New  York  and are being transported out of said city
 forthwith and immediately from said dealer by the licensee in  a  locked
 container  during  a continuous and uninterrupted trip; or provided that
 (b) the firearms covered by such license are being  transported  by  the
 licensee in a locked container and the trip through the city of New York
 is  continuous  and  uninterrupted;  or  provided  that (c) the firearms
 covered by such license are  carried  by  armored  car  security  guards
 transporting  money  or  other valuables, in, to, or from motor vehicles
 commonly known as armored cars, during the course of  their  employment;
 or  provided that (d) the licensee is a retired police officer as police
 officer is defined pursuant to subdivision thirty-four of  section  1.20
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00978-01-7

 A. 5849                             2
 
 of the criminal procedure law or a retired federal law enforcement offi-
 cer,  as  defined in section 2.15 of the criminal procedure law, who has
 been issued a license by an authorized licensing officer as  defined  in
 subdivision  ten  of  section 265.00 of this chapter; provided, further,
 however, that if such license was not issued in the city of New York  it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the  license  shall  be  deemed  to  permit  only  police or federal law
 enforcement regulations weapons; or provided that (e) the licensee is  a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal  procedure law and the license, if issued by other than the city of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such case the exemption shall apply only to the firearm issued  to  such
 licensee  by  the  department  of  taxation  and  finance[. A license as
 gunsmith or dealer in firearms shall not be valid outside  the  city  or
 county,  as  the  case  may be, where issued.]; OR PROVIDED THAT (F) THE
 LICENSEE IS A DEALER, MANUFACTURER OR GUNSMITH OF FIREARMS AND IS CARRY-
 ING OR POSSESSING THE FIREARMS IN THE COURSE OF THEIR EMPLOYMENT.
   § 2. This act shall take effect immediately.