The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   95

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY --
  read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to requiring proof of liabil-
  ity insurance prior to the issuance of a license to carry a firearm

  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 and 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. 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  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 admit-
ted to the United States under a nonimmigrant visa subject to the excep-
tion 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 citi-
zen  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 facility under the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02516-01-9

A. 95                               2

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  author-
ized  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, maintenance and  stor-
age of a firearm; and (ii) persons who were licensed to possess a pistol
or  revolver  prior  to  the  effective  date  of this paragraph 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) WHO SUBMITS PROOF OF PERSONAL LIABILITY
INSURANCE; AND (O) 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  appli-
cant  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  busi-
ness  in  the city or county where the license is issued. For such busi-
ness, 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. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
licenses issued or renewed on or after such date.