Assembly Bill A10619

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10619
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to requiring a firearms safe-
   ty course for a license to carry, possess,  repair  or  dispose  of  a
   firearm
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (m) and (n) of subdivision 1 of  section  400.00
 of  the  penal  law,  as  amended  by chapter 1 of the laws of 2013, are
 amended and two new paragraphs (o) and (p) are added to read as follows:
   (m) who has not had a guardian appointed for him or  her  pursuant  to
 any provision of state law, based on a determination that as a result of
 marked  subnormal intelligence, mental illness, incapacity, condition or
 disease, he or she lacks the mental capacity to contract or  manage  his
 or  her  own affairs; [and] (n) concerning whom no good cause exists for
 the denial of the license[.]; (O) IN ANY COUNTY OTHER THAN THE COUNTY OF
 WESTCHESTER, WHO HAS SUCCESSFULLY COMPLETED A FIREARMS SAFETY COURSE AND
 TEST AS EVIDENCED BY A CERTIFICATE OF COMPLETION ISSUED IN  HIS  OR  HER
 NAME  AND ENDORSED AND AFFIRMED UNDER THE PENALTIES OF PERJURY BY A DULY
 AUTHORIZED INSTRUCTOR,  EXCEPT  THAT:  (I)  PERSONS  WHO  ARE  HONORABLY
 DISCHARGED  FROM  THE  UNITED  STATES  ARMY, NAVY, MARINE CORPS OR COAST
 GUARD, OR OF THE NATIONAL GUARD OF THE STATE OF NEW  YORK,  AND  PRODUCE
 EVIDENCE  OF  OFFICIAL  QUALIFICATION  IN  FIREARMS  DURING  THE TERM OF
 SERVICE ARE NOT REQUIRED TO HAVE COMPLETED THOSE  HOURS  OF  A  FIREARMS
 SAFETY  COURSE PERTAINING TO THE SAFE USE, CARRYING, POSSESSION, MAINTE-
 NANCE AND STORAGE OF A FIREARM; AND (II) PERSONS WHO  WERE  LICENSED  TO
 POSSESS  A  PISTOL OR REVOLVER PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
 GRAPH ARE NOT REQUIRED TO HAVE COMPLETED A FIREARMS  SAFETY  COURSE  AND
 TEST;  AND  (P)  WHEN SUCH APPLICANT IS APPLYING FOR A LICENSE TO CARRY,
 WHO HAS SUCCESSFULLY COMPLETED A CONCEALED CARRY COURSE AND WRITTEN TEST
 IN ADDITION TO THE FIREARMS SAFETY COURSE AND HAS COMPLETED FORTY  HOURS
 OF  TRAINING ON THE FIRING RANGE AND PASSED A FIREARM QUALIFICATION TEST
 AS EVIDENCED BY A CERTIFICATE OF COMPLETION ISSUED IN HIS  OR  HER  NAME
 AND  ENDORSED  AND  AFFIRMED  UNDER  THE  PENALTIES OF PERJURY BY A DULY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16047-01-2
 A. 10619                            2

 AUTHORIZED INSTRUCTOR,  EXCEPT  THAT:  (I)  PERSONS  WHO  ARE  HONORABLY
 DISCHARGED  FROM  THE  UNITED  STATES  ARMY, NAVY, MARINE CORPS OR COAST
 GUARD, OR OF THE NATIONAL GUARD OF THE STATE OF NEW  YORK,  AND  PRODUCE
 EVIDENCE  OF  OFFICIAL  QUALIFICATION  IN  FIREARMS  DURING  THE TERM OF
 SERVICE ARE NOT REQUIRED TO HAVE COMPLETED THOSE  HOURS  OF  A  FIREARMS
 SAFETY  COURSE PERTAINING TO THE SAFE USE, CARRYING, POSSESSION, MAINTE-
 NANCE AND STORAGE OF A FIREARM; AND (II) PERSONS WHO  WERE  LICENSED  TO
 CARRY A PISTOL OR REVOLVER PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH
 ARE  NOT REQUIRED TO HAVE COMPLETED A CONCEALED CARRY COURSE AND WRITTEN
 TEST AND ARE NOT REQUIRED TO HAVE COMPLETED FORTY HOURS OF  TRAINING  ON
 THE FIRING RANGE AND PASS A FIREARM QUALIFICATION TEST.
   §  2.  Section  400.00  of  the penal law is amended by adding two new
 subdivisions 4-c and 4-d to read as follows:
   4-C. FIREARMS SAFETY COURSE CERTIFICATE. IN ANY COUNTY OTHER THAN  THE
 COUNTY  OF  WESTCHESTER,  BEFORE  SUCH LICENSE IS ISSUED, SUCH LICENSING
 OFFICER SHALL  REQUIRE  THAT  THE  APPLICANT  SUBMIT  A  CERTIFICATE  OF
 SUCCESSFUL COMPLETION OF A FIREARMS SAFETY COURSE AND TEST ISSUED IN HIS
 OR  HER NAME AND ENDORSED AND AFFIRMED UNDER THE PENALTIES OF PERJURY BY
 A DULY AUTHORIZED INSTRUCTOR.
   4-D. CONCEALED CARRY COURSE CERTIFICATE. BEFORE A LICENSE TO CARRY  IS
 ISSUED, SUCH LICENSING OFFICER SHALL REQUIRE THAT THE APPLICANT SUBMIT A
 CERTIFICATE  OF  SUCCESSFUL  COMPLETION  OF A CONCEALED CARRY COURSE AND
 WRITTEN TEST AND HAS COMPLETED FORTY HOURS OF  TRAINING  ON  THE  FIRING
 RANGE AND PASSED A WEAPONS QUALIFICATION TEST, ISSUED IN HIS OR HER NAME
 AND  ENDORSED  AND  AFFIRMED  UNDER  THE  PENALTIES OF PERJURY BY A DULY
 AUTHORIZED INSTRUCTOR. SUCH CERTIFICATE SHALL  BE  IN  ADDITION  TO  THE
 FIREARMS  SAFETY  COURSE  CERTIFICATE  REQUIRED PURSUANT TO SUBDIVISIONS
 FOUR-B AND FOUR-C OF THIS SECTION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.