Senate Bill S7066

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7066
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to requiring proof of liabil-
   ity insurance prior to the issuance of a license to carry a firearm
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  1  of  section 400.00 of the penal law, as
 amended by chapter 1 of the laws of 2013 and paragraph (c) as amended by
 chapter 60 of the laws of 2018, is amended to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section except by the licensing officer, and then  only  after  investi-
 gation  and  finding  that  all statements in a proper application for a
 license are true. No license shall be issued or renewed  except  for  an
 applicant  (a) twenty-one years of age or older, provided, however, that
 where such applicant has  been  honorably  discharged  from  the  United
 States  army,  navy,  marine  corps,  air  force  or coast guard, or the
 national guard of the state of New York, no such age  restriction  shall
 apply;  (b)  of  good  moral  character;  (c) who has not been convicted
 anywhere of a felony or a serious offense or who is not the  subject  of
 an outstanding warrant of arrest issued upon the alleged commission of a
 felony  or  serious offense; (d) who is not a fugitive from justice; (e)
 who is not an unlawful user of or addicted to any  controlled  substance
 as  defined  in section 21 U.S.C. 802; (f) who being an alien (i) is not
 illegally or unlawfully in the United States or (ii) has not been admit-
 ted to the United States under a nonimmigrant visa subject to the excep-
 tion in 18 U.S.C. 922(y)(2); (g) who has not been  discharged  from  the
 Armed Forces under dishonorable conditions; (h) who, having been a citi-
 zen  of the United States, has not renounced his or her citizenship; (i)
 who has stated whether he or she has ever suffered any  mental  illness;
 (j)  who  has  not  been involuntarily committed to a facility under the
 jurisdiction of an office of the department of mental  hygiene  pursuant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04441-01-1

 S. 7066                             2
 
 to  article  nine  or  fifteen  of the mental hygiene law, article seven
 hundred thirty or section 330.20 of the criminal procedure law,  section
 four  hundred  two  or five hundred eight of the correction law, section
 322.2 or 353.4 of the family court act, or has not been civilly confined
 in  a  secure  treatment  facility pursuant to article ten of the mental
 hygiene law; (k) who has not had a license revoked or who is not under a
 suspension or ineligibility order issued pursuant to the  provisions  of
 section  530.14  of  the criminal procedure law or section eight hundred
 forty-two-a of the family court act; (l) in the county  of  Westchester,
 who  has  successfully  completed  a  firearms safety course and test as
 evidenced by a certificate of completion issued in his or her  name  and
 endorsed  and  affirmed under the penalties of perjury by a duly author-
 ized instructor, except that: (i) persons who are  honorably  discharged
 from  the  United  States army, navy, marine corps or coast guard, or of
 the national guard of the state of New York,  and  produce  evidence  of
 official  qualification  in  firearms during the term of service are not
 required to have completed those  hours  of  a  firearms  safety  course
 pertaining  to the safe use, carrying, possession, maintenance and stor-
 age of a firearm; and (ii) persons who were licensed to possess a pistol
 or revolver prior to the  effective  date  of  this  paragraph  are  not
 required  to  have  completed a firearms safety course and test; (m) who
 has not had a  guardian  appointed  for  him  or  her  pursuant  to  any
 provision  of  state  law,  based on a determination that as a result of
 marked subnormal intelligence, mental illness, incapacity, condition  or
 disease,  he  or she lacks the mental capacity to contract or manage his
 or her own affairs; [and] (n) WHO SUBMITS PROOF  OF  PERSONAL  LIABILITY
 INSURANCE;  AND  (O) concerning whom no good cause exists for the denial
 of the license. No person shall engage in the business  of  gunsmith  or
 dealer  in  firearms unless licensed pursuant to this section. An appli-
 cant to engage in such business shall also be a citizen  of  the  United
 States,  more than twenty-one years of age and maintain a place of busi-
 ness in the city or county where the license is issued. For  such  busi-
 ness,  if  the  applicant  is a firm or partnership, each member thereof
 shall comply with all of the requirements set forth in this  subdivision
 and  if  the  applicant  is a corporation, each officer thereof shall so
 comply.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 licenses issued or renewed on or after such date.