Assembly Bill A10578

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10578
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
   -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law,  in  relation to qualified firearms
   instructors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  19  of  section  265.00 of the penal law, as
 amended by chapter 150 of the laws  of  2020,  is  amended  to  read  as
 follows:
   19. "Duly authorized instructor" means (a) a duly commissioned officer
 of  the United States army, navy, marine corps or coast guard, or of the
 national guard of the state of New York; or (b) a duly  qualified  adult
 citizen  of  the  United States who has been granted a certificate as an
 instructor in small arms practice issued by the United States army, navy
 or marine corps, or by the adjutant general of this  state,  or  by  the
 national rifle association of America, a not-for-profit corporation duly
 organized  under  the laws of this state; (c) by a person duly qualified
 and designated by the department  of  environmental  conservation  under
 paragraph c of subdivision three of section 11-0713 of the environmental
 conservation  law  as  its  agent  in  the giving of instruction and the
 making of certifications of qualification in responsible  hunting  prac-
 tices;  [or] (d) a New York state 4-H certified shooting sports instruc-
 tor; OR (E) A QUALIFIED FIREARMS INSTRUCTOR.
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 33 to read as follows:
   33. "QUALIFIED FIREARMS INSTRUCTOR" MEANS AN INDIVIDUAL  WHO  HOLDS  A
 CERTIFICATE AS A FIREARMS INSTRUCTOR FROM AN ASSOCIATION OR ORGANIZATION
 RECOGNIZED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  3.  Paragraph  7-b  of subdivision a of section 265.20 of the penal
 law, as amended by chapter 511 of the laws of 2014, is amended  to  read
 as follows:
   7-b.  Possession and use, at an indoor or outdoor pistol range located
 in or on premises owned or occupied by a duly incorporated  organization
 organized  for  conservation  purposes or to foster proficiency in small
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15553-01-2
 A. 10578                            2
 
 arms or at a target pistol shooting competition under the auspices of or
 approved by the national rifle association for the  purpose  of  loading
 and  firing  the  same,  by  a  person  who has applied for a license to
 possess a pistol or revolver and pre-license possession of same pursuant
 to section 400.00 or 400.01 of this chapter, who has not been previously
 denied  a  license,  been  previously  convicted  of a felony or serious
 offense, and who does not appear to be, or pose a threat to be, a danger
 to himself or to others, and who has been approved  for  possession  and
 use  herein in accordance with section 400.00 or 400.01 of this chapter;
 provided however, that such possession shall be of a pistol or  revolver
 duly  licensed  to and shall be used under the supervision, guidance and
 instruction of, a person specified in paragraph seven of  this  subdivi-
 sion, OR A QUALIFIED FIREARMS INSTRUCTOR, and provided further that such
 possession  and  use be within the jurisdiction of the licensing officer
 with whom the person has made application therefor or within the  juris-
 diction  of  the superintendent of state police in the case of a retired
 sworn member of the division of state police who has opted  to  make  an
 application pursuant to section 400.01 of this chapter.
   § 4. This act shall take effect immediately.