Senate Bill S1192

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1192--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced by Sens. GIANARIS, BRESLIN, KAPLAN, KRUEGER, RIVERA, SERRANO,
   STAVISKY  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the penal law, in relation to requiring persons possess-
   ing a firearm to hold a firearms safety certificate
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 6, 7 and 8 of section 265.01 of the penal law,
 as  amended  by  chapter  1  of  the laws of 2013, are amended and a new
 subdivision 9 is added to read as follows:
   (6) He OR SHE is a person who  has  been  certified  not  suitable  to
 possess a rifle or shotgun, as defined in subdivision sixteen of section
 265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or
 shotgun upon the demand of a police officer. Whenever a person is certi-
 fied  not suitable to possess a rifle or shotgun, a member of the police
 department to which such certification is made, or of the state  police,
 shall  forthwith  seize any rifle or shotgun possessed by such person. A
 rifle or shotgun seized as [herein] provided IN THIS  SUBDIVISION  shall
 not  be  destroyed,  but  shall be delivered to the headquarters of such
 police department, or state police, and there retained until the  afore-
 said  certificate  has  been  rescinded  by the director or physician in
 charge, or other disposition of such rifle or shotgun has  been  ordered
 or authorized by a court of competent jurisdiction[.]; OR
   (7)  He  OR  SHE  knowingly possesses a bullet containing an explosive
 substance designed to detonate upon impact[.]; OR
   (8) He OR SHE possesses any armor piercing ammunition with  intent  to
 use the same unlawfully against another[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03324-02-1

              

 S. 1192--A                          2
 
   (9)  HE  OR  SHE  POSSESSES A FIREARM, NOT BEING THE HOLDER OF A VALID
 FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO SECTION  400.15  OF  THIS
 CHAPTER.
   §  2.  The penal law is amended by adding a new section 400.15 to read
 as follows:
 § 400.15 FIREARMS SAFETY CERTIFICATE.
   1. FOR THE PURPOSES OF THIS SECTION:
   (A) "COMMISSIONER" MEANS THE COMMISSIONER OF THE POLICE DEPARTMENT  OF
 A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (B)  "SHERIFF"  MEANS  THE SHERIFF OF THE COUNTY IN WHICH AN APPLICANT
 RESIDES, EXCEPT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   2. NO PERSON SHALL POSSESS  A  FIREARM  UNLESS  SUCH  PERSON  HOLDS  A
 FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO THIS SECTION.
   3.  EVERY  PERSON  APPLYING  FOR  A  FIREARMS SAFETY CERTIFICATE SHALL
 SUBMIT AN APPLICATION TO THE SHERIFF OR THE COMMISSIONER IF SUCH  PERSON
 RESIDES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  SUCH APPLI-
 CATION  SHALL BE IN SUCH FORM AND CONTENT AS SHALL BE ESTABLISHED BY THE
 SHERIFF OR THE COMMISSIONER, AND SHALL INCLUDE:
   (A) THE APPLICANT'S NAME, ADDRESS, RESIDENCE TELEPHONE NUMBER, GENDER,
 RACE, HEIGHT, WEIGHT, DATE OF BIRTH, CITIZENSHIP, THUMBPRINT  AND  DRIV-
 ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER;
   (B) THE APPLICANT'S SIGNATURE; AND
   (C)  AN  OATH THAT ALL INFORMATION IN THE APPLICATION IS TRUE, SUBJECT
 TO THE PENALTIES OF PERJURY.
   4. THE COURSE OF INSTRUCTION FOR THE ISSUANCE  OF  A  FIREARMS  SAFETY
 CERTIFICATE SHALL INCLUDE THE SUCCESSFUL COMPLETION BY THE APPLICANT OF:
   (A) NOT LESS THAN FIVE HOURS OF CLASSROOM INSTRUCTION ON:
   (I) THE SAFE USE AND HANDLING OF FIREARMS;
   (II) THE METHODS FOR SAFELY STORING AND SECURING FIREARMS, AND KEEPING
 CHILDREN SAFE WHEN SUCH WEAPONS ARE PRESENT; AND
   (III)  THE  APPLICABLE  FEDERAL,  STATE AND LOCAL LAWS RELATING TO THE
 PURCHASE, SALE, POSSESSION, TRANSPORTATION AND STORAGE OF FIREARMS;
   (B) NOT LESS THAN TWO HOURS OF LIVE FIRING INSTRUCTION AT  A  SHOOTING
 RANGE  USING  THE  TYPE OF FIREARM THE APPLICANT ANTICIPATES PURCHASING,
 POSSESSING OR ACQUIRING. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A
 PERSON  ATTENDING  A COURSE OF INSTRUCTION FOR THE ISSUANCE OF A FIREARM
 SAFETY CERTIFICATE MAY POSSESS A FIREARM  FOR  THE  LIMITED  PURPOSE  OF
 FULFILLING  THE  REQUIREMENTS  OF  THIS PARAGRAPH WHILE UNDER THE SUPER-
 VISION OF HIS OR HER INSTRUCTOR; AND
   (C) A SAFE-HANDLING OF A FIREARM DEMONSTRATION AS  ATTESTED  TO  BY  A
 DULY AUTHORIZED INSTRUCTOR.
   5. EVERY FIREARMS SAFETY COURSE, FOR THE COMPLETION OF WHICH AN APPLI-
 CANT  IS GRANTED A FIREARMS SAFETY CERTIFICATE, SHALL BE APPROVED BY THE
 SHERIFF OR THE COMMISSIONER AND SHALL BE CONDUCTED BY A DULY  AUTHORIZED
 INSTRUCTOR.  THE  SHERIFF  OR  THE COMMISSIONER MAY, FOR THE PURPOSES OF
 FIREARMS SAFETY COURSES  REQUIRED  BY  THIS  SECTION,  PROVIDE  FOR  THE
 APPROVAL  OF FIREARM SAFETY COURSES REQUIRED OR PROVIDED FOR PURSUANT TO
 ANY FEDERAL OR STATE LAW.
   6. UPON THE SUCCESSFUL COMPLETION OF A FIREARMS SAFETY  COURSE  BY  AN
 APPLICANT,  THE  DULY AUTHORIZED INSTRUCTOR OF SUCH COURSE SHALL PROVIDE
 THE APPLICANT WITH A  SIGNED  AFFIDAVIT  ATTESTING  TO  THE  APPLICANT'S
 SUCCESSFUL  COMPLETION  OF  THE COURSE. SUCH AFFIDAVIT SHALL INCLUDE THE
 NAME, ADDRESS AND TELEPHONE NUMBER OF THE  DULY  AUTHORIZED  INSTRUCTOR;
 THE  NAME OF THE APPLICANT; AND THE DATES AND PLACES THAT THE COURSE WAS
 CONDUCTED.

 S. 1192--A                          3
 
   7. UPON RECEIPT OF THE AFFIDAVIT REQUIRED BY SUBDIVISION SIX  OF  THIS
 SECTION,  THE  APPLICANT  SHALL  SUBMIT  A COPY OF SUCH AFFIDAVIT TO THE
 SHERIFF OR THE COMMISSIONER AND HE OR SHE  SHALL  ADMINISTER  A  WRITTEN
 EXAMINATION,  ESTABLISHED  BY  HIM  OR  HER,  DEMONSTRATING KNOWLEDGE OF
 FIREARMS SAFETY AND LAWS APPLICABLE TO FIREARMS.
   (A)  A FIREARMS SAFETY CERTIFICATE SHALL BE ISSUED TO AN APPLICANT WHO
 SCORES SEVENTY-FIVE PERCENT OR HIGHER ON SUCH EXAMINATION.
   (B) IF AN APPLICANT FAILS SUCH WRITTEN  EXAMINATION,  HE  OR  SHE  MAY
 RETAKE  SUCH  EXAMINATION  AT  LEAST  TWENTY-FOUR  HOURS  AFTER  A PRIOR
 ATTEMPT. THE SAME VERSION OF SUCH WRITTEN EXAMINATION SHALL NOT BE GIVEN
 TO AN APPLICANT UPON ANY TWO CONSECUTIVE TAKINGS THEREOF.  NO  APPLICANT
 SHALL  BE  OFFERED  THE WRITTEN EXAMINATION MORE THAN THREE TIMES. AFTER
 THE THIRD FAILURE BY AN APPLICANT, HE OR SHE SHALL BE REQUIRED TO  AGAIN
 SUCCESSFULLY  COMPLETE  THE REQUIREMENTS OF SUBDIVISIONS FOUR AND SIX OF
 THIS SECTION.
   (C) APPLICANTS MAY BE CHARGED A FEE TO COVER THE COSTS OF  ADMINISTER-
 ING THE WRITTEN EXAMINATION.
   8. UPON SUCCESSFUL COMPLETION OF THE REQUIREMENTS OF SUBDIVISION SEVEN
 OF  THIS  SECTION BY AN APPLICANT, THE SHERIFF OR THE COMMISSIONER SHALL
 ISSUE SUCH APPLICANT A  FIREARMS  SAFETY  CERTIFICATE.  FIREARMS  SAFETY
 CERTIFICATES  SHALL  NOT BE TRANSFERABLE. THE HOLDER THEREOF SHALL STORE
 SUCH CERTIFICATE IN THE PLACE WHERE HIS  OR  HER  FIREARMS  ARE  STORED,
 EXCEPT THAT SUCH CERTIFICATE SHALL BE CARRIED ON THE PERSON OF THE HOLD-
 ER  IF A FIREARM IS POSSESSED OUTSIDE OF THE HOLDER'S RESIDENCE OR PLACE
 OF BUSINESS. UPON REQUEST OF A POLICE OFFICER, A FIREARMS SAFETY CERTIF-
 ICATE SHALL BE DISPLAYED BY THE HOLDER TO SUCH OFFICER.
   9. EVERY FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
 SHALL  BE  VALID  FOR  A  PERIOD  OF  TWO YEARS, AND MAY BE RENEWED UPON
 COMPLETION OF THE REQUIREMENTS OF THIS SECTION.
   10. NO PERSON SHALL SELL OR TRANSFER POSSESSION OF A  FIREARM  TO  ANY
 PERSON WHO DOES NOT HOLD A FIREARMS SAFETY CERTIFICATE.
   11. A FIREARMS SAFETY CERTIFICATE SHALL BE REVOKED:
   (A) FOR THE VIOLATION OF ANY PROVISION OF LAW RELATING TO FIREARMS;
   (B) FOR FRAUD, MISREPRESENTATION OR BRIBERY IN THE APPLICATION FOR AND
 ISSUANCE OF THE FIREARMS SAFETY CERTIFICATE;
   (C) IF THE HOLDER IS DISQUALIFIED FROM POSSESSING A FIREARM; OR
   (D)  THE  OCCURRENCE OF ANY CIRCUMSTANCE WHICH WOULD HAVE DISQUALIFIED
 THE HOLDER FROM BEING ISSUED A FIREARMS SAFETY CERTIFICATE.
   12. THIS SECTION SHALL NOT APPLY TO:
   (A) POLICE OFFICERS AS DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION
 1.20  OF THE CRIMINAL PROCEDURE LAW, OR RETIRED POLICE OFFICER, WHO UPON
 SEPARATION FROM A LAW ENFORCEMENT AGENCY  WAS  IMMEDIATELY  ENTITLED  TO
 RECEIVE  RETIREMENT BENEFITS PURSUANT TO THE RETIREMENT AND SOCIAL SECU-
 RITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
   (B) PEACE OFFICERS AS DEFINED IN SECTION 2.10 OF THE  CRIMINAL  PROCE-
 DURE LAW;
   (C)  LICENSED  MANUFACTURERS, TRANSPORTERS AND SELLERS OF FIREARMS WHO
 POSSESS SUCH WEAPONS FOR PURPOSES OF WHOLESALE OR  RETAIL  SALES,  WHILE
 ENGAGED IN THE SCOPE OF THEIR LICENSED ACTIVITIES;
   (D) NONRESIDENTS OF THE STATE PARTICIPATING IN ANY LAWFUL RECREATIONAL
 FIREARMS  RELATED  ACTIVITY, AND WHILE IN THE COURSE OF TRAVELING TO AND
 FROM SUCH RECREATION ACTIVITY; OR
   (E) ANY PERSON WHO TEMPORARILY POSSESSES A FIREARM IN THE RESIDENCE OR
 PLACE OF BUSINESS OF THE HOLDER OF A FIREARMS  SAFETY  CERTIFICATE,  AND
 SUCH  POSSESSION  OCCURS  IN  THE  COURSE OF USING DEADLY PHYSICAL FORCE
 AUTHORIZED BY ARTICLE THIRTY-FIVE OF THIS CHAPTER.

 S. 1192--A                          4
 
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that the provisions of subdivision 9 of section 265.01 of the penal law,
 as added by section one of this act, and subdivision 2 of section 400.15
 of  the  penal law, as added by section two of this act, shall not apply
 to any person who possesses a firearm on the effective date of this act,
 until the ninetieth day after such date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1192--B
     Cal. No. 862
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced by Sens. GIANARIS, BRESLIN, KAPLAN, KRUEGER, RIVERA, SERRANO,
   STAVISKY  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee, ordered  to  first  and
   second  report,  ordered  to  a  third  reading,  amended  and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the penal law, in relation to requiring persons possess-
   ing a firearm to hold a firearms safety certificate
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 6, 7 and 8 of section 265.01 of the penal law,
 as  amended  by  chapter  1  of  the laws of 2013, are amended and a new
 subdivision 9 is added to read as follows:
   (6) He OR SHE is a person who  has  been  certified  not  suitable  to
 possess a rifle or shotgun, as defined in subdivision sixteen of section
 265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or
 shotgun upon the demand of a police officer. Whenever a person is certi-
 fied  not suitable to possess a rifle or shotgun, a member of the police
 department to which such certification is made, or of the state  police,
 shall  forthwith  seize any rifle or shotgun possessed by such person. A
 rifle or shotgun seized as [herein] provided IN THIS  SUBDIVISION  shall
 not  be  destroyed,  but  shall be delivered to the headquarters of such
 police department, or state police, and there retained until the  afore-
 said  certificate  has  been  rescinded  by the director or physician in
 charge, or other disposition of such rifle or shotgun has  been  ordered
 or authorized by a court of competent jurisdiction[.]; OR
   (7)  He  OR  SHE  knowingly possesses a bullet containing an explosive
 substance designed to detonate upon impact[.]; OR
   (8) He OR SHE possesses any armor piercing ammunition with  intent  to
 use the same unlawfully against another[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03324-04-1

 S. 1192--B                          2
 
   (9)  HE  OR  SHE  POSSESSES A FIREARM, NOT BEING THE HOLDER OF A VALID
 FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO SECTION  400.15  OF  THIS
 CHAPTER.
   §  2.  The penal law is amended by adding a new section 400.15 to read
 as follows:
 § 400.15 FIREARMS SAFETY CERTIFICATE.
   1. FOR THE PURPOSES OF THIS SECTION:
   (A) "COMMISSIONER" MEANS THE COMMISSIONER OF THE POLICE DEPARTMENT  OF
 A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (B)  "SHERIFF"  MEANS  THE SHERIFF OF THE COUNTY IN WHICH AN APPLICANT
 RESIDES, EXCEPT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   2. NO PERSON SHALL POSSESS  A  FIREARM  UNLESS  SUCH  PERSON  HOLDS  A
 FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO THIS SECTION.
   3.  EVERY  PERSON  APPLYING  FOR  A  FIREARMS SAFETY CERTIFICATE SHALL
 SUBMIT AN APPLICATION TO THE SHERIFF OR THE COMMISSIONER IF SUCH  PERSON
 RESIDES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  SUCH APPLI-
 CATION  SHALL BE IN SUCH FORM AND CONTENT AS SHALL BE ESTABLISHED BY THE
 SHERIFF OR THE COMMISSIONER, AND SHALL INCLUDE:
   (A) THE APPLICANT'S NAME, ADDRESS, RESIDENCE TELEPHONE NUMBER, GENDER,
 RACE, HEIGHT, WEIGHT, DATE OF BIRTH, CITIZENSHIP, THUMBPRINT  AND  DRIV-
 ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER;
   (B) THE APPLICANT'S SIGNATURE; AND
   (C)  AN  OATH THAT ALL INFORMATION IN THE APPLICATION IS TRUE, SUBJECT
 TO THE PENALTIES OF PERJURY.
   4. THE COURSE OF INSTRUCTION FOR THE ISSUANCE  OF  A  FIREARMS  SAFETY
 CERTIFICATE SHALL INCLUDE THE SUCCESSFUL COMPLETION BY THE APPLICANT OF:
   (A) NOT LESS THAN FIVE HOURS OF CLASSROOM INSTRUCTION ON:
   (I) THE SAFE USE AND HANDLING OF FIREARMS;
   (II) THE METHODS FOR SAFELY STORING AND SECURING FIREARMS, AND KEEPING
 CHILDREN SAFE WHEN SUCH WEAPONS ARE PRESENT; AND
   (III)  THE  APPLICABLE  FEDERAL,  STATE AND LOCAL LAWS RELATING TO THE
 PURCHASE, SALE, POSSESSION, TRANSPORTATION AND STORAGE OF FIREARMS;
   (B) NOT LESS THAN TWO HOURS OF LIVE FIRING INSTRUCTION AT  A  SHOOTING
 RANGE  USING  THE  TYPE OF FIREARM THE APPLICANT ANTICIPATES PURCHASING,
 POSSESSING OR ACQUIRING. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A
 PERSON  ATTENDING  A COURSE OF INSTRUCTION FOR THE ISSUANCE OF A FIREARM
 SAFETY CERTIFICATE MAY POSSESS A FIREARM  FOR  THE  LIMITED  PURPOSE  OF
 FULFILLING  THE  REQUIREMENTS  OF  THIS PARAGRAPH WHILE UNDER THE SUPER-
 VISION OF HIS OR HER INSTRUCTOR; AND
   (C) A SAFE-HANDLING OF A FIREARM DEMONSTRATION AS  ATTESTED  TO  BY  A
 DULY AUTHORIZED INSTRUCTOR.
   5. EVERY FIREARMS SAFETY COURSE, FOR THE COMPLETION OF WHICH AN APPLI-
 CANT  IS GRANTED A FIREARMS SAFETY CERTIFICATE, SHALL BE APPROVED BY THE
 SHERIFF OR THE COMMISSIONER AND SHALL BE CONDUCTED BY A DULY  AUTHORIZED
 INSTRUCTOR.  THE  SHERIFF  OR  THE COMMISSIONER MAY, FOR THE PURPOSES OF
 FIREARMS SAFETY COURSES  REQUIRED  BY  THIS  SECTION,  PROVIDE  FOR  THE
 APPROVAL  OF FIREARM SAFETY COURSES REQUIRED OR PROVIDED FOR PURSUANT TO
 ANY FEDERAL OR STATE LAW.
   6. UPON THE SUCCESSFUL COMPLETION OF A FIREARMS SAFETY  COURSE  BY  AN
 APPLICANT,  THE  DULY AUTHORIZED INSTRUCTOR OF SUCH COURSE SHALL PROVIDE
 THE APPLICANT WITH A  SIGNED  AFFIDAVIT  ATTESTING  TO  THE  APPLICANT'S
 SUCCESSFUL  COMPLETION  OF  THE COURSE. SUCH AFFIDAVIT SHALL INCLUDE THE
 NAME, ADDRESS AND TELEPHONE NUMBER OF THE  DULY  AUTHORIZED  INSTRUCTOR;
 THE  NAME OF THE APPLICANT; AND THE DATES AND PLACES THAT THE COURSE WAS
 CONDUCTED.

 S. 1192--B                          3
 
   7. UPON RECEIPT OF THE AFFIDAVIT REQUIRED BY SUBDIVISION SIX  OF  THIS
 SECTION,  THE  APPLICANT  SHALL  SUBMIT  A COPY OF SUCH AFFIDAVIT TO THE
 SHERIFF OR THE COMMISSIONER AND HE OR SHE  SHALL  ADMINISTER  A  WRITTEN
 EXAMINATION,  ESTABLISHED  BY  HIM  OR  HER,  DEMONSTRATING KNOWLEDGE OF
 FIREARMS SAFETY AND LAWS APPLICABLE TO FIREARMS.
   (A)  A FIREARMS SAFETY CERTIFICATE SHALL BE ISSUED TO AN APPLICANT WHO
 SCORES SEVENTY-FIVE PERCENT OR HIGHER ON SUCH EXAMINATION.
   (B) IF AN APPLICANT FAILS SUCH WRITTEN  EXAMINATION,  HE  OR  SHE  MAY
 RETAKE  SUCH  EXAMINATION  AT  LEAST  TWENTY-FOUR  HOURS  AFTER  A PRIOR
 ATTEMPT. THE SAME VERSION OF SUCH WRITTEN EXAMINATION SHALL NOT BE GIVEN
 TO AN APPLICANT UPON ANY TWO CONSECUTIVE TAKINGS THEREOF.  NO  APPLICANT
 SHALL  BE  OFFERED  THE WRITTEN EXAMINATION MORE THAN THREE TIMES. AFTER
 THE THIRD FAILURE BY AN APPLICANT, HE OR SHE SHALL BE REQUIRED TO  AGAIN
 SUCCESSFULLY  COMPLETE  THE REQUIREMENTS OF SUBDIVISIONS FOUR AND SIX OF
 THIS SECTION.
   (C) APPLICANTS MAY BE CHARGED A FEE TO COVER THE COSTS OF  ADMINISTER-
 ING THE WRITTEN EXAMINATION.
   8. UPON SUCCESSFUL COMPLETION OF THE REQUIREMENTS OF SUBDIVISION SEVEN
 OF  THIS  SECTION BY AN APPLICANT, THE SHERIFF OR THE COMMISSIONER SHALL
 ISSUE SUCH APPLICANT A  FIREARMS  SAFETY  CERTIFICATE.  FIREARMS  SAFETY
 CERTIFICATES  SHALL  NOT BE TRANSFERABLE. THE HOLDER THEREOF SHALL STORE
 SUCH CERTIFICATE IN THE PLACE WHERE HIS  OR  HER  FIREARMS  ARE  STORED,
 EXCEPT THAT SUCH CERTIFICATE SHALL BE CARRIED ON THE PERSON OF THE HOLD-
 ER  IF A FIREARM IS POSSESSED OUTSIDE OF THE HOLDER'S RESIDENCE OR PLACE
 OF BUSINESS. UPON REQUEST OF A POLICE OFFICER, A FIREARMS SAFETY CERTIF-
 ICATE SHALL BE DISPLAYED BY THE HOLDER TO SUCH OFFICER.
   9. EVERY FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
 SHALL  BE  VALID  FOR  A  PERIOD  OF  TWO YEARS, AND MAY BE RENEWED UPON
 COMPLETION OF THE REQUIREMENTS OF THIS SECTION.
   10. NO PERSON SHALL SELL OR TRANSFER POSSESSION OF A  FIREARM  TO  ANY
 PERSON WHO DOES NOT HOLD A FIREARMS SAFETY CERTIFICATE.
   11. A FIREARMS SAFETY CERTIFICATE SHALL BE REVOKED:
   (A) FOR THE VIOLATION OF ANY PROVISION OF LAW RELATING TO FIREARMS;
   (B) FOR FRAUD, MISREPRESENTATION OR BRIBERY IN THE APPLICATION FOR AND
 ISSUANCE OF THE FIREARMS SAFETY CERTIFICATE;
   (C) IF THE HOLDER IS DISQUALIFIED FROM POSSESSING A FIREARM; OR
   (D)  THE  OCCURRENCE OF ANY CIRCUMSTANCE WHICH WOULD HAVE DISQUALIFIED
 THE HOLDER FROM BEING ISSUED A FIREARMS SAFETY CERTIFICATE.
   12. THIS SECTION SHALL NOT APPLY TO:
   (A) POLICE OFFICERS AS DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION
 1.20  OF THE CRIMINAL PROCEDURE LAW, OR RETIRED POLICE OFFICER, WHO UPON
 SEPARATION FROM A LAW ENFORCEMENT AGENCY  WAS  IMMEDIATELY  ENTITLED  TO
 RECEIVE  RETIREMENT BENEFITS PURSUANT TO THE RETIREMENT AND SOCIAL SECU-
 RITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
   (B) PEACE OFFICERS AS DEFINED IN SECTION 2.10 OF THE  CRIMINAL  PROCE-
 DURE LAW;
   (C)  LICENSED  MANUFACTURERS, TRANSPORTERS AND SELLERS OF FIREARMS WHO
 POSSESS SUCH WEAPONS FOR PURPOSES OF WHOLESALE OR  RETAIL  SALES,  WHILE
 ENGAGED IN THE SCOPE OF THEIR LICENSED ACTIVITIES;
   (D) NONRESIDENTS OF THE STATE PARTICIPATING IN ANY LAWFUL RECREATIONAL
 FIREARMS  RELATED  ACTIVITY, AND WHILE IN THE COURSE OF TRAVELING TO AND
 FROM SUCH RECREATION ACTIVITY; OR
   (E) ANY PERSON WHO TEMPORARILY POSSESSES A FIREARM IN THE RESIDENCE OR
 PLACE OF BUSINESS OF THE HOLDER OF A FIREARMS  SAFETY  CERTIFICATE,  AND
 SUCH  POSSESSION  OCCURS  IN  THE  COURSE OF USING DEADLY PHYSICAL FORCE
 AUTHORIZED BY ARTICLE THIRTY-FIVE OF THIS CHAPTER.

 S. 1192--B                          4

   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that the provisions of subdivision 9 of section 265.01 of the penal law,
 as added by section one of this act, and subdivision 2 of section 400.15
 of  the  penal law, as added by section two of this act, shall not apply
 to any person who possesses a firearm on the effective date of this act,
 until such person recertifies his or her license pursuant to subdivision
 10 of section 400.00 of the penal law.