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
                                ___________
 
 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.