NY State Senate Bill 2017-S6859

Senate Bill S6859

2017-2018 Legislative Session

Authorizes members of certain recognized religious sects to submit an application for a license to carry or possess a pistol or revolver without a photograph

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Aug 30, 2017	referred to rules

2017-S6859 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L

2017-S6859 (ACTIVE) - Summary

Authorizes members of certain recognized religious sects to submit an application for a license to carry or possess a pistol or revolver without a photograph.

2017-S6859 (ACTIVE) - Sponsor Memo

                                 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.

2017-S6859 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6859
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              August 30, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to applications to  carry  or
   possess a pistol or revolver by applicants of certain recognized reli-
   gious sects

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 400.00 of the penal law is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A. PHOTOGRAPH EXEMPTION. (A) NOTWITHSTANDING THE PROVISIONS OF PARA-
 GRAPH  (A)  OF  SUBDIVISION  THREE  OF THIS SECTION, ANY APPLICANT FOR A
 LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER WHO IS A  MEMBER  OF  A
 RECOGNIZED  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, MAY FILE AN APPLICATION WITH THE LICENSING
 OFFICER FOR AN EXEMPTION FROM SUBMITTING OR  FILING  ANY  PHOTOGRAPH  OR
 PHOTOGRAPHIC IMAGE IN CONNECTION WITH AN APPLICATION FOR SUCH LICENSE.
   (B)  THE  APPLICATION  FOR  AN  EXEMPTION PURSUANT TO THIS SUBDIVISION
 SHALL INCLUDE A WRITTEN AFFIDAVIT BY THE APPLICANT THAT HE OR SHE  IS  A
 MEMBER  OF  AN  ORGANIZED  RELIGIOUS  SECT THAT 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 OR PHOTOGRAPHIC IMAGE.
   (C) AN APPLICATION FOR EXEMPTION SUBMITTED PURSUANT TO  THIS  SUBDIVI-
 SION SHALL BE GRANTED BY THE LICENSING OFFICER IF HE OR SHE FINDS THAT:
   (1)  THE  APPLICANT  IS  A  MEMBER  OF A RECOGNIZED RELIGIOUS SECT THE
 TENETS REFERRED TO IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION; AND
   (2) IT HAS BEEN THE PRACTICE, FOR A SUBSTANTIAL NUMBER OF  YEARS,  FOR
 MEMBERS  OF  SUCH  SECT TO ABSTAIN FROM THE SUBMISSION OF PHOTOGRAPHS OR
 PHOTOGRAPHIC IMAGES.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13415-01-7

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