S T A T E O F N E W Y O R K
________________________________________________________________________
6418
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
Introduced by M. of A. BARCLAY, HAWLEY, MORINELLO, BYRNE, REILLY,
BYRNES, DeSTEFANO, SIMPSON, GALLAHAN, SALKA, LEMONDES, LAWLER, BLANK-
ENBUSH, J. M. GIGLIO -- Multi-Sponsored by -- M. of A. BROWN, MANKTE-
LOW -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to licenses to carry and
possess firearms for police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4-a of section 400.00 of the penal law, as
added by chapter 233 of the laws of 1980, is amended to read as follows:
4-a. Processing of license applications. (A) Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. In acting upon an application, the
licensing officer shall either deny the application for reasons specif-
ically and concisely stated in writing or grant the application and
issue the license applied for. A POLICE OFFICER WHO SUBMITS AN APPLICA-
TION CONTAINING A CERTIFICATION OR ATTESTATION FROM THE LAW ENFORCEMENT
AGENCY OR DEPARTMENT FROM WHICH HE OR SHE IS EMPLOYED WHICH STATES HE OR
SHE IS IN GOOD STANDING, SHALL BE PRESUMPTIVE EVIDENCE AS TO THE FITNESS
AND QUALIFICATION TO CARRY AND POSSESS FIREARMS. THE LICENSING AUTHORITY
WITH JURISDICTION IN THE COUNTY OR CITY HAVING A POPULATION OF LESS THAN
ONE MILLION, SHALL ISSUE A LICENSE TO CARRY AND POSSESS A PISTOL OR
REVOLVER PURSUANT TO THIS SECTION WITHIN SIXTY DAYS OF A POLICE OFFICER
APPLICANT'S SUBMISSION AND SUCH LICENSE SHALL AUTHORIZE THE LICENSEE TO
CARRY AND POSSESS FIREARMS IN EVERY COUNTY AND CITY IN THIS STATE.
(B) FOR THE PURPOSES OF THIS SECTION, "POLICE OFFICER" SHALL MEAN A
POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02892-01-1