NY State Senate Bill S6151

Archive: Last Bill Status Via A7752 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 16, 2019	signed chap.104
Jul 15, 2019	delivered to governor
Jun 20, 2019	returned to assembly passed senate 3rd reading cal.983 substituted for s6151
Jun 20, 2019	substituted by a7752
Jun 03, 2019	advanced to third reading
May 30, 2019	2nd report cal.
May 29, 2019	1st report cal.983
May 20, 2019	referred to codes

Votes

view votes

Jun 20, 2019 - floor Vote

A7752

floor

Aye

Nay

Absent

Excused

Abstained

Jun 20, 2019 - Rules committee Vote

S6151

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 29, 2019 - Codes committee Vote

S6151

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S6151 (ACTIVE) - Details

See Assembly Version of this Bill:: A7752
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L

S6151 (ACTIVE) - Summary

Relates to the transport of pistols or revolvers by licensees.

S6151 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6151                    REVISED 6/18/2019

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the penal law, in relation to the
transport of pistols or revolvers by licensees

 
PURPOSE:

The purpose of this bill is to clarify when a pistol or revolver may be
legally transported by a license holder, as well as set a statewide
standard for the safe transportation of firearms.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill allows for a license holder to transport their
pistol or revolver from one location where they may legally possess such
weapon directly to another location where they may legally possess such
weapon, including another dwelling or place of business where they have
a license, an indoor or outdoor shooting range, or a shooting competi-
tion. During transport for the holder of a license with a premises limi-
tation, the pistol or revolver must be kept in a locked container and

separate from the ammunition. Individuals who do not have a special
permit issued by the Commissioner of the New York City Police would
still be required to receive written authorization from the New York
City Police Commissioner if they wish to transport a firearm to a desti-
nation in the City of New York.

Section two of this bill is a severability clause.

Section three is the effective date.

 
PURPOSE AND JUSTIFICATION:

Premise licenses for firearms in New York State allow a license holder
to possess a firearm in a specific location, either their home or place
of work, the address of which is specified on the license.  Recognizing
that premise license holders may have a legitimate reason to transport
their firearms to another location, either another premise where they
have a license to possess a firearm, a shooting range to practice their
marksmanship, or a shooting competition, this bill seeks to clarify the
ability of premise license holder s to transport their firearms to and
from locations where they may legally possess such firearm. In order to
ensure that any transportation of firearms that occurs is done safely
and responsibly, this bill requires that, during transport, such
firearms must be kept in a locked container separate from the ammuni-
tion. As provided for under existing law, properly licensed individuals
would not be prohibited from transporting a pistol or revolver through
the City of New York in a continuous and uninterrupted manner and would
not be required to obtain specific written authorization to do so.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6151 (ACTIVE) - Bill Text download pdf


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

                                  6151

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 20, 2019
                               ___________

Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

S. 6151                             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.

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The New York State Senate

senate Bill S6151

Sponsored By

Archive: Last Bill Status Via A7752 - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

Jun 20, 2019 - Rules committee Vote

Rules Committee Vote: Jun 20, 2019

May 29, 2019 - Codes committee Vote

Codes Committee Vote: May 29, 2019

Co-Sponsors

S6151 (ACTIVE) - Details

S6151 (ACTIVE) - Summary

S6151 (ACTIVE) - Sponsor Memo

S6151 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6151

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status Via A7752 - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

Jun 20, 2019 - Rules committee Vote

Rules Committee Vote: Jun 20, 2019

May 29, 2019 - Codes committee Vote

Codes Committee Vote: May 29, 2019

Co-Sponsors

Anna M. Kaplan

S6151 (ACTIVE) - Details

S6151 (ACTIVE) - Summary

S6151 (ACTIVE) - Sponsor Memo

S6151 (ACTIVE) - Bill Text download pdf

Comments