Senate Bill S205

                            
 
                     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.