S T A T E O F N E W Y O R K
________________________________________________________________________
1839
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to permitting security guards
and private investigators licensed to possess or carry a firearm to
possess and carry such firearm in New York City without obtaining a
special permit from the police commissioner of the city of New York
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 104 of the laws of 2019, 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00270-01-1
A. 1839 2
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
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; OR PROVIDED THAT (F)
THE LICENSEE IS A SPECIAL ARMED GUARD DULY REGISTERED AND IN GOOD STAND-
ING WITH THE DEPARTMENT OF STATE PURSUANT TO ARTICLE SEVEN-A OF THE
GENERAL BUSINESS LAW, OR IS A PRIVATE INVESTIGATOR DULY LICENSED AND IN
GOOD STANDING WITH THE DEPARTMENT OF STATE PURSUANT TO ARTICLE SEVEN OF
THE GENERAL BUSINESS LAW. 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 inconsistent 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 revolver in the licensee's dwelling or place of
business pursuant to paragraph (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. This act shall take effect on the thirtieth day after it shall
have become a law.