S T A T E O F N E W Y O R K
________________________________________________________________________
8262
2021-2022 Regular Sessions
I N A S S E M B L Y
August 25, 2021
___________
Introduced by M. of A. MEEKS -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to requiring individuals to
complete a five-hour firearm, rifle, and shotgun safety course before
purchasing a firearm, rifle, shotgun, or ammunition therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 400.04 to
read as follows:
§ 400.04 FIREARM, RIFLE, AND SHOTGUN SAFETY COURSE.
1. THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A FIVE-
HOUR FIREARM, RIFLE, AND SHOTGUN SAFETY COURSE DESIGNED TO EDUCATE INDI-
VIDUALS ON THE SAFE AND LEGAL STORAGE, USE, AND TRANSPORTATION OF
FIREARMS, RIFLES, AND SHOTGUNS IN NEW YORK STATE.
2. THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A PROC-
ESS WHEREBY A DEALER IN FIREARMS, GUNSMITH, OPERATOR OR EMPLOYEE OF AN
INDOOR OR OUTDOOR SHOOTING RANGE THAT IS AUTHORIZED BY LAW TO OPERATE AS
SUCH, GUN SHOW OPERATOR, FIREARM EXHIBITOR, OR A LAW ENFORCEMENT AGENCY
OR EMPLOYEE THEREOF MAY APPLY TO BE AN AUTHORIZED SAFETY COURSE INSTRUC-
TOR.
3. AN AUTHORIZED SAFETY COURSE INSTRUCTOR SHALL ISSUE A CERTIFICATE OF
COMPLETION TO EACH INDIVIDUAL WHO COMPLETES A SAFETY COURSE ADMINISTERED
BY SUCH AUTHORIZED SAFETY COURSE INSTRUCTOR WITHIN A REASONABLE TIME
FOLLOWING THE COMPLETION OF SUCH SAFETY COURSE. SUCH CERTIFICATE OF
COMPLETION SHALL CONTAIN THE NAME, DATE OF BIRTH, AND ADDRESS, OF THE
INDIVIDUAL TO WHOM SUCH CERTIFICATE OF COMPLETION IS ISSUED. THE AUTHOR-
IZED SAFETY COURSE INSTRUCTOR ISSUING A CERTIFICATE OF COMPLETION TO AN
INDIVIDUAL SHALL AFFIRM UPON SUCH CERTIFICATE OF COMPLETION, UNDER THE
PENALTIES OF PERJURY, THAT THE INDIVIDUAL TO WHOM SUCH CERTIFICATE OF
COMPLETION IS ISSUED HAS COMPLETED A SAFETY COURSE ADMINISTERED BY SUCH
AUTHORIZED SAFETY COURSE INSTRUCTOR, IN ITS ENTIRETY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11904-02-1
A. 8262 2
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO DEALER IN FIREARMS,
FIREARM EXHIBITOR, OR ANY OTHER PERSON, FIRM, PARTNERSHIP, CORPORATION
OR COMPANY OTHERWISE AUTHORIZED TO SELL FIREARMS, RIFLES, AND/OR SHOT-
GUNS IN NEW YORK STATE SHALL SELL A FIREARM, RIFLE, OR SHOTGUN TO ANY
INDIVIDUAL UNLESS SUCH INDIVIDUAL PROVIDES SUCH SELLER A CERTIFICATE OF
COMPLETION ISSUED IN HIS OR HER NAME AND ENDORSED AND AFFIRMED UNDER
PENALTIES OF PERJURY BY AN AUTHORIZED SAFETY COURSE INSTRUCTOR.
5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "SAFETY COURSE" MEANS THE FIREARM, RIFLE, AND SHOTGUN SAFETY
COURSE DEVELOPED BY THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION.
(B) "AUTHORIZED SAFETY COURSE INSTRUCTOR" MEANS AN INDIVIDUAL OR ENTI-
TY AUTHORIZED BY THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES TO ADMIN-
ISTER THE SAFETY COURSE AND ISSUE CERTIFICATES OF COMPLETION.
(C) "CERTIFICATE OF COMPLETION" MEANS A CERTIFICATE VERIFYING THAT AN
INDIVIDUAL HAS COMPLETED A SAFETY COURSE WITH AN AUTHORIZED SAFETY
COURSE INSTRUCTOR.
(D) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY OR DEPARTMENT OF ANY
MUNICIPALITY, ANY POLICE DISTRICT, OR ANY AGENCY, DEPARTMENT, COMMIS-
SION, AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE STATE OF NEW YORK
EMPLOYING A POLICE OFFICER OR POLICE OFFICERS AS THAT TERM IS DEFINED IN
PARAGRAPHS (A), (B), (C), (D), (E), (F), (J), (K), (L), (O), (P), (S),
AND (U) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW.
(E) "GUN SHOW OPERATOR" SHALL HAVE THE SAME MEANING AS DEFINED BY
SECTION EIGHT HUNDRED NINETY-FIVE OF THE GENERAL BUSINESS LAW.
(F) "FIREARM EXHIBITOR" SHALL HAVE THE SAME MEANING AS DEFINED BY
SECTION EIGHT HUNDRED NINETY-FIVE OF THE GENERAL BUSINESS LAW.
§ 2. Subdivision 3 of section 400.03 of the penal law, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
3. [No later than thirty days after the superintendent of the state
police certifies that the statewide license and record database estab-
lished pursuant to section 400.02 of this article is operational for the
purposes of this section, a] A dealer in firearms licensed pursuant to
section 400.00 of this article, OR a seller of ammunition as defined in
subdivision twenty-four of section 265.00 of this chapter shall not
transfer any ammunition to any other person who is not a dealer in
firearms as defined in subdivision nine of such section 265.00 or a
seller of ammunition as defined in subdivision twenty-four of section
265.00 of this chapter, unless:
(a) before the completion of the transfer, the licensee or seller
contacts the statewide license and record database and provides the
database with information sufficient to identify such dealer or seller,
transferee based on information on the transferee's identification docu-
ment as defined in paragraph (c) of this subdivision, as well as the
amount, calibre, manufacturer's name and serial number, if any, of such
ammunition;
(b) the system provides the licensee or seller with a unique identifi-
cation number; [and]
(c) the transferor has verified the identity of the transferee by
examining a valid state identification document of the transferee issued
by the department of motor vehicles or if the transferee is not a resi-
dent of the state of New York, a valid identification document issued by
the transferee's state or country of residence containing a photograph
of the transferee; AND
A. 8262 3
(D) IF THE TRANSFEREE IS NOT A DEALER IN FIREARMS OR A SELLER OF AMMU-
NITION AS SUCH TERMS ARE DEFINED BY SECTION 265.00 OF THIS CHAPTER, SUCH
TRANSFEREE PROVIDES THE TRANSFEROR A CERTIFICATE OF COMPLETION ISSUED IN
HIS OR HER NAME AND ENDORSED AND AFFIRMED UNDER PENALTIES OF PERJURY BY
AN AUTHORIZED SAFETY COURSE INSTRUCTOR PURSUANT TO SECTION 400.04 OF
THIS ARTICLE.
§ 3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed by the commissioner of criminal
justice services on or before such effective date.