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.