S T A T E O F N E W Y O R K
________________________________________________________________________
4422
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. ZEBROWSKI, GALEF, BUCHWALD, WOERNER, STIRPE --
Multi-Sponsored by -- M. of A. GIGLIO, SCHIMMINGER -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to licenses to carry and
possess firearms for retired police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4-a of section 400.00 of the penal law, as
added by chapter 233 of the laws of 1980, is amended to read as follows:
4-a. Processing of license applications. (A) Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. In acting upon an application, the
licensing officer shall either deny the application for reasons specif-
ically and concisely stated in writing or grant the application and
issue the license applied for. APPLICATION BY A RETIRED POLICE OFFICER,
WHO SUBMITS AN APPLICATION CONTAINING A CERTIFICATION OR ATTESTATION
FROM THE LAW ENFORCEMENT AGENCY OR DEPARTMENT FROM WHICH HE OR SHE
RETIRED IN GOOD STANDING, SHALL BE PRESUMPTIVE EVIDENCE AS TO THE
FITNESS AND QUALIFICATION TO CARRY AND POSSESS FIREARMS. PROVIDED,
HOWEVER, THE APPLICATION CONTAINING A CERTIFICATION OR ATTESTATION MUST
BE FILED WITH THE LICENSING OFFICER WITHIN NINETY DAYS OF THE POLICE
OFFICER'S DATE OF RETIREMENT. THE LICENSING AUTHORITY WITH JURISDICTION
IN THE COUNTY OR CITY HAVING A POPULATION OF LESS THAN ONE MILLION,
SHALL ISSUE A LICENSE TO CARRY AND POSSESS A PISTOL OR REVOLVER PURSUANT
TO THIS SECTION WITHIN SIXTY DAYS OF A RETIRED POLICE OFFICER APPLI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08801-01-9
A. 4422 2
CANT'S SUBMISSION AND SUCH LICENSE SHALL AUTHORIZE THE LICENSEE TO CARRY
AND POSSESS FIREARMS IN EVERY COUNTY AND CITY IN THIS STATE.
(B) FOR THE PURPOSES OF THIS SECTION, "RETIRED POLICE OFFICER" SHALL
MEAN A FORMER POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO UPON SEPARATION FROM A
LAW ENFORCEMENT AGENCY OR DEPARTMENT WAS IMMEDIATELY ENTITLED TO RECEIVE
RETIREMENT BENEFITS UNDER THE PROVISIONS OF THE RETIREMENT AND SOCIAL
SECURITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
§ 2. This act shall take effect immediately.