S T A T E O F N E W Y O R K
________________________________________________________________________
7752
2019-2020 Regular Sessions
I N A S S E M B L Y
May 20, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the transport of pistols
or revolvers by licensees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 400.00 of the penal law, as
amended by chapter 318 of the laws of 2002, is amended to read as
follows:
6. License: validity. Any license issued pursuant to this section
shall be valid notwithstanding the provisions of any local law or ordi-
nance. No license shall be transferable to any other person or prem-
ises. A license to carry or possess a pistol or revolver, not otherwise
limited as to place or time of possession, shall be effective throughout
the state, except that the same shall not be valid within the city of
New York unless a special permit granting validity is issued by the
police commissioner of that city. Such license to carry or possess shall
be valid within the city of New York in the absence of a permit issued
by the police commissioner of that city, provided that (a) the firearms
covered by such license have been purchased from a licensed dealer with-
in the city of New York and are being transported out of said city
forthwith and immediately from said dealer by the licensee in a locked
container during a continuous and uninterrupted trip; or provided that
(b) the firearms covered by such license are being transported by the
licensee in a locked container and the trip through the city of New York
is continuous and uninterrupted; or provided that (c) the firearms
covered by such license are carried by armored car security guards
transporting money or other valuables, in, to, or from motor vehicles
commonly known as armored cars, during the course of their employment;
or provided that (d) the licensee is a retired police officer as police
officer is defined pursuant to subdivision thirty-four of section 1.20
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11086-02-9
A. 7752 2
of the criminal procedure law or a retired federal law enforcement offi-
cer, as defined in section 2.15 of the criminal procedure law, who has
been issued a license by an authorized licensing officer as defined in
subdivision ten of section 265.00 of this chapter; provided, further,
however, that if such license was not issued in the city of New York it
must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
ment Officer", as the case may be, and, in the case of a retired officer
the license shall be deemed to permit only police or federal law
enforcement regulations weapons; or provided that (e) the licensee is a
peace officer described in subdivision four of section 2.10 of the crim-
inal procedure law and the license, if issued by other than the city of
New York, is marked "New York State Tax Department Peace Officer" and in
such case the exemption shall apply only to the firearm issued to such
licensee by the department of taxation and finance. A license as
gunsmith or dealer in firearms shall not be valid outside the city or
county, as the case may be, where issued. NOTWITHSTANDING ANY INCONSIST-
ENT PROVISION OF STATE OR LOCAL LAW OR RULE OR REGULATION, THE PREMISES
LIMITATION SET FORTH IN ANY LICENSE TO HAVE AND POSSESS A PISTOL OR
REVOLVER IN THE LICENSEE'S DWELLING OR PLACE OF BUSINESS PURSUANT TO
PARAGRAPH (A) OR (B) OF SUBDIVISION TWO OF THIS SECTION SHALL NOT
PREVENT THE TRANSPORT OF SUCH PISTOL OR REVOLVER DIRECTLY TO OR FROM (I)
ANOTHER DWELLING OR PLACE OF BUSINESS OF THE LICENSEE WHERE THE LICENSEE
IS AUTHORIZED TO HAVE AND POSSESS SUCH PISTOL OR REVOLVER, (II) AN
INDOOR OR OUTDOOR SHOOTING RANGE THAT IS AUTHORIZED BY LAW TO OPERATE AS
SUCH, (III) A SHOOTING COMPETITION AT WHICH THE LICENSEE MAY POSSESS
SUCH PISTOL OR REVOLVER CONSISTENT WITH THE PROVISIONS OF SUBDIVISION A
OF SECTION 265.20 OF THIS CHAPTER OR CONSISTENT WITH THE LAW APPLICABLE
AT THE PLACE OF SUCH COMPETITION, OR (IV) ANY OTHER LOCATION WHERE THE
LICENSEE IS LAWFULLY AUTHORIZED TO HAVE AND POSSESS SUCH PISTOL OR
REVOLVER; PROVIDED HOWEVER, THAT DURING SUCH TRANSPORT TO OR FROM A
LOCATION SPECIFIED IN CLAUSES (I) THROUGH (IV) OF THIS PARAGRAPH, THE
PISTOL OR REVOLVER SHALL BE UNLOADED AND CARRIED IN A LOCKED CONTAINER,
AND THE AMMUNITION THEREFOR SHALL BE CARRIED SEPARATELY; PROVIDED
FURTHER, HOWEVER, THAT A LICENSE TO HAVE AND POSSESS A PISTOL OR REVOL-
VER IN THE LICENSEE'S DWELLING OR PLACE OF BUSINESS PURSUANT TO PARA-
GRAPH (A) OR (B) OF SUBDIVISION TWO OF THIS SECTION THAT IS ISSUED BY A
LICENSING OFFICER OTHER THAN THE POLICE COMMISSIONER OF THE CITY OF NEW
YORK SHALL NOT AUTHORIZE TRANSPORT OF A PISTOL OR REVOLVER INTO THE CITY
OF NEW YORK IN THE ABSENCE OF WRITTEN AUTHORIZATION TO DO SO BY THE
POLICE COMMISSIONER OF THAT CITY. THE TERM "LOCKED CONTAINER" SHALL NOT
INCLUDE THE GLOVE COMPARTMENT OR CONSOLE OF A VEHICLE.
§ 2. Severability. If any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence,
paragraph, section, or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
§ 3. This act shall take effect immediately.