S T A T E O F N E W Y O R K
________________________________________________________________________
7283
2019-2020 Regular Sessions
I N A S S E M B L Y
April 18, 2019
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to authorizing active or
inactive members of the military to be eligible for a firearms license
upon providing evidence of completion of firearms training while serv-
ing in the military
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, paragraph (c) as amended by
chapter 60 of the laws of 2018, 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; PROVIDED, HOWEVER, THAT AN ACTIVE OR INACTIVE MEMBER
OF THE ARMED FORCES OF THE UNITED STATES, INCLUDING A MEMBER OF THE
NATIONAL GUARD OF THE STATE OF NEW YORK, SHALL BE ELIGIBLE FOR A LICENSE
UPON SUBMISSION OF AN APPLICATION AND SUCH APPLICATION SHALL BE APPROVED
WITHOUT FURTHER INVESTIGATION OR FINDINGS IF SUCH ACTIVE OR INACTIVE
MEMBER PROVIDES EVIDENCE THAT HE OR SHE HAS COMPLETED FIREARMS TRAINING
WHILE SERVING IN THE ARMED FORCES AND IS STILL AN ACTIVE MEMBER OF THE
ARMED FORCES OR HAS BEEN HONORABLY DISCHARGED. 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 or who is not
the subject of an outstanding warrant of arrest issued upon the alleged
commission of a felony or serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user of or addicted to any
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11087-01-9
A. 7283 2
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
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) 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. 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. 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
A. 7283 3
issue the license applied for. AN APPLICATION FOR A LICENSE PURSUANT TO
THIS SECTION FOR ANY ACTIVE OR INACTIVE MEMBER OF THE ARMED FORCES OF
THE UNITED STATES SHALL BE ACTED UPON BY THE LICENSING OFFICER WITHIN
THIRTY DAYS OF THE DATE OF SUBMISSION OF SUCH APPLICATION TO THE APPRO-
PRIATE AUTHORITY.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.