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.