Senate Bill S6859

                                 BILL NUMBER:  S6859          REVISED 08/31/2017

 TITLE OF BILL :  An act to amend the penal law, in relation to
applications to carry or possess a pistol or revolver by applicants of
certain recognized religious sects

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to authorize an exemption from the
photo identification requirements necessary to obtain a pistol license
for members of an established religious sect, the tenets of which
prohibit the members from submitting to a photo.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill amends section 400.00 of the penal law to add a new
subdivision 3-a to provide a procedure for exempting a member of an
established religious sect which embraces a long standing commitment
of non-involvement in the matters of established government practices
and is conscientiously opposed to the willing submission of a
photograph due to the tenets of such sect to file an application with
the licensing officer for an exemption from submitting or filing any
photograph in connection with the license.

 JUSTIFICATION :

              

This legislation will provide an alternate procedure for identifying
an individual applying for a pistol or revolver license. Currently,
members of the Amish and Mennonite communities are unable to possess
pistols or revolvers in New York without violating the tenets of their
religion by submitting to the taking of a photograph which would also
be used for identification purposes. Under the provisions of this
bill, such an individual would be able to file an application for an
exemption that would include a written affidavit that he or she is a
member of an established religious sect that embraces a longstanding
commitment of non-involvement in the matters of government practices
and opposes the willing submission of such a photograph. The
application for exemption shall be accepted if the licensing officer
finds the information in the affidavit to be true.

The Amish and Mennonite communities shun government involvement and
generally do not participate in insurance programs, play a role in
politics or vote or serve in the military. They have been
constitutionally recognized as having to practice their religion
without government interference. The bill is consistent with other
state based and federal laws that have recognized their religious
rights and have provided exemptions for the Mennonite and Amish
communities, including exemptions from labor requirements, building
codes for their schoolhouses, and from certain educational
requirements.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.