NY State Senate Bill 2019-S205

Senate Bill S205

2019-2020 Legislative Session

Relates to allowing victims of domestic violence to carry or possess firearms without a license

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2020	notice of committee consideration - requested
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S205 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S7045

2019-S205 (ACTIVE) - Summary

Allows victims of domestic violence to carry or possess firearms without a license where they are protected by an order of protection and have applied for a license to carry or possess a firearm.

2019-S205 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S205

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law, in relation to allowing victims of domes-
tic violence to carry or possess firearms without a license

 
PURPOSE:

To allow victims of domestic violence to possess a firearm without a
license while their pistol permit application is pending.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision to Section 400.0 of the penal law by
allowing an individual to carry or possess a firearm if they are over
the age of 21, protected by an order or protection, applied for a
license, is carrying the weapon in a manner consistent with being a
license holder, and has a good faith effort to believe their application
will be approved.

The individual may ask for a certified copy of their application that
will be good for 45 days, and may return to renew it after such
prescribed time if they have not had a response provided to their appli-
cation. They shall lawfully able to carry or possess a weapon if they
are carrying the order of protection, as well as the unexpired certified
copy of the application. Section 2 is the effective date.

 
JUSTIFICATION:

Anyone under an order of protection deserves the utmost protection
available to them under the law. While the orders themselves provide
some security, they are at their core only a piece of paper. Should an
individual decide to violate an order with malintent there is little
often the victim can do to protect themselves. An individual, who is
fearful and while being protected by an order of protection applies for
a pistol permit should be able to have the protection afforded to them
having the permit and weapon provides immediately as the time frame for
having a license approved is long and leaves the individual vulnerable.
In 2015 in New Jersey, a woman was shot dead by her ex while waiting for
her permit to be approved.

 
LEGISLATIVE HISTORY:

S. 7045 Referred to Senate Codes Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
November first next succeeding.

2019-S205 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    205
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 allowing victims of domes-
   tic violence to carry or possess firearms without a license

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 400.00 of the penal law is amended by adding a new
 subdivision 18 to read as follows:
   18. CARRYING OR POSSESSING A FIREARM WITH A VALID ORDER OF PROTECTION.
 (A) THE PROVISIONS OF THIS SECTION AND ARTICLE TWO HUNDRED SIXTY-FIVE OF
 THIS CHAPTER RELATING TO THE ILLEGAL CARRYING OR POSSESSION OF A FIREARM
 SHALL NOT APPLY TO A PERSON:
   (I) OVER THE AGE OF TWENTY-ONE YEARS OLD;
   (II) PROTECTED BY AN ORDER OF PROTECTION ISSUED  DUE  TO  SUCH  PERSON
 BEING  A  VICTIM OF A FAMILY OFFENSE, AS DESCRIBED IN SUBDIVISION ONE OF
 SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW;
   (III) WHO HAS AN APPLICATION PENDING FOR A LICENSE TO CARRY OR POSSESS
 THE FIREARM THEY ARE CARRYING OR POSSESSING;
   (IV) IS CARRYING OR POSSESSING THE FIREARM IN A MANNER THAT  WOULD  BE
 LEGAL IF THE LICENSE THAT IS BEING APPLIED FOR HAD BEEN ISSUED; AND
   (V) HAS A GOOD FAITH BELIEF THAT THEY WILL BE GRANTED SUCH LICENSE.
   (B)  UPON  A  PERSON  APPLYING  FOR  A  LICENSE  TO CARRY OR POSSESS A
 FIREARM, SUCH PERSON MAY REQUEST A CERTIFIED  COPY  OF  THE  APPLICATION
 UPON  ITS  SUBMISSION.  THE CERTIFIED COPY SHALL CONTAIN A DATE WHICH IS
 FORTY-FIVE DAYS FROM THE DATE OF  THE  APPLICATION.  THE  APPLICANT  CAN
 RETURN  TO  WHERE THE APPLICATION WAS SUBMITTED AND REQUEST A NEW CERTI-
 FIED COPY OF THE APPLICATION WITH A DATE FORTY-FIVE DAYS FROM  THE  DATE
 OF SUCH REQUEST AT ANY TIME BEFORE THE LICENSE IS ISSUED OR THE APPLICA-
 TION  IS DENIED. THE CERTIFIED COPY OF THE APPLICATION WILL NOT BE VALID
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02691-01-9

 S. 205                              2
 
 FOR USE BY THE APPLICANT UNDER PARAGRAPH (C) OF  THIS  SUBDIVISION  PAST
 THE DATE LISTED ON IT.
   (C)  WHILE A PERSON ALLOWED UNDER THIS SUBDIVISION TO CARRY OR POSSESS
 A FIREARM IS CARRYING OR POSSESSING SUCH FIREARM, THEY SHALL  CARRY  THE
 ORDER  OF  PROTECTION AND AN UNEXPIRED CERTIFIED COPY OF THE APPLICATION
 WHICH ALLOWS FOR THEM TO CARRY OR POSSESS THE FIREARM AS WELL  AS  STATE
 ISSUED  PHOTO IDENTIFICATION. FAILURE TO DO SO IS A VIOLATION PUNISHABLE
 BY A FINE UP TO TWENTY-FIVE DOLLARS.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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