NY State Senate Bill S9601

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 21, 2022	referred to rules

S9601 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L; amd §837, Exec L (as proposed in S.51001 & A.41001)
Versions Introduced in 2023-2024 Legislative Session:: S138

S9601 (ACTIVE) - Summary

Removes the national rifle association from the list of entities authorized to grant certificates as instructors in small arms practice.

S9601 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S9601  Revised

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the penal law and the executive law, in relation to
removing the national rifle association from the list of entities
authorized to grant certificates as instructors in small arms practice

 
PURPOSE:

The purpose of this bill is to remove the National Rifle Association
("NRA") from the list of entities that is eligible to grant certificates
as instructors in small arms practice, and replace it with the Division
of Criminal Justice Services ("DCJS"), a state entity.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 19 of section 265.00 of the penal law by
removing the reference to the NRA.

Section 2 adds the ability to grant certificates as instructors in small

arms practice to DCJS's list of enumerated powers under section 837 of
the executive law.

Section 3 is the effective date.

 
JUSTIFICATION:

When the definition of "duly authorized instructor" was added to the
penal law in 1997, gun rights and gun safety looked different than they
do today. Since the mass shooting at Columbine High School in 1999, more
than 311,000 students at 331 schools have been exposed to gun violence
at school. In that same time frame, mass shootings and daily gun
violence have continued at a frequent pace in cities across America.
Where the NRA was once viewed as an authority on gun safety, it has
become an extremist organization that prioritizes political advocacy at
the expense of safety.

After numerous incidents of gun violence, instead of supporting reason-
able gun safety measures, the NRA has pursued an extreme political agen-
da focused on overturning gun safety laws here in New York and across
the nation. Through its conduct as an organization, the NRA has proven
to no longer be an authority on gun safety.

As the entity that collects and analyzes a variety of data on crimes and
criminal activity in the state, DCJS possesses a deep understanding of
the nature of crime, who commits crimes, and why. They are a non-law
enforcement entity, but they regularly share information with a variety
of state entities. DCJS will be able to provide certification to indi-
viduals and determine those who are well-suited to receive certificates
indicating that they understand gun safety, and can be allowed to train
individuals looking to receive concealed carry permits.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
To be determined

 
LOCAL FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the same date and same manner as a chapter
of the laws of 2022 amending the penal law, the general business law,
the executive law, the civil practice law and rules and the state
finance law relating to licensing and other provisions relating to
firearms, as proposed in legislative bills numbers, S.  51001 and A.
41001, takes effect. Effective immediately, 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 on or before such effective date.

S9601 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9601
 
                             I N  S E N A T E
 
                             November 21, 2022
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law and the  executive  law,  in  relation  to
   removing  the  national  rifle  association  from the list of entities
   authorized to grant certificates as instructors in small arms practice

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  19  of  section  265.00 of the penal law, as
 amended by a chapter of the laws of 2022 amending  the  penal  law,  the
 general  business  law,  the  executive  law, the civil practice law and
 rules and  the  state  finance  law  relating  to  licensing  and  other
 provisions  relating  to  firearms,  as  proposed  in  legislative bills
 numbers S. 51001 and A. 41001,  is  amended  to  read as follows:
   19. "Duly authorized instructor" means (a) a duly commissioned officer
 of the United States army, navy, marine corps or coast guard, or of  the
 national guard of the state of New York; [or] (b) a duly qualified adult
 citizen  of  the  United States who has been granted a certificate as an
 instructor in small arms practice issued by the United States army, navy
 or marine corps, or by the adjutant general of this  state,  or  by  the
 division of criminal justice services[, or by the national rifle associ-
 ation  of America, a not-for-profit corporation duly organized under the
 laws of this state]; (c) by a person duly qualified  and  designated  by
 the  department of environmental conservation as its agent in the giving
 of instruction and the making  of  certifications  of  qualification  in
 responsible  hunting  practices;  or  (d) a New York state 4-H certified
 shooting sports instructor.
   § 2.  Subdivision 23 of section 837 of the executive law, as added  by
 a  chapter of the laws of 2022 amending the penal law, the general busi-
 ness law, the executive law, the civil practice law and  rules  and  the
 state finance law relating to licensing and other provisions relating to
 firearms,  as  proposed  in  legislative  bills  numbers S. 51001 and A.
 41001,  is  amended to read as follows:
   23. (a) In conjunction with the superintendent of [the] state  police,
 promulgate  policies  and  procedures  with regard to standardization of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16095-02-2
 S. 9601                             2
 
 firearms safety training required under subdivision nineteen of  section
 400.00  of  the  penal  law,  which shall include the approval of course
 materials and promulgation of proficiency standards for live fire train-
 ing; [and]
   (b)  In conjunction with the superintendent of state police, create an
 appeals board for the purpose of hearing appeals as provided in subdivi-
 sion four-a of section 400.00 of the penal law and promulgate rules  and
 regulations governing such appeals[.]; AND
   (C)  GRANT  CERTIFICATES AS INSTRUCTORS IN SMALL ARMS PRACTICE TO DULY
 QUALIFIED ADULT CITIZENS PURSUANT TO SECTION 265.00 OF  THE  PENAL  LAW.
 THE  DIVISION  SHALL  PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR
 THE IMPLEMENTATION OF THIS SUBDIVISION.
   § 3. This act shall take effect on the same date and same manner as  a
 chapter of the laws of 2022 amending the penal law, the general business
 law,  the  executive law, the civil practice law and rules and the state
 finance law relating to  licensing  and  other  provisions  relating  to
 firearms,  as  proposed  in  legislative  bills  numbers S. 51001 and A.
 41001, takes effect.     Effective immediately, 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 on or before such effective date.

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The New York State Senate

senate Bill S9601

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Archive: Last Bill Status - In Senate Committee Rules Committee

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S9601 (ACTIVE) - Details

S9601 (ACTIVE) - Summary

S9601 (ACTIVE) - Sponsor Memo

S9601 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9601

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Sponsored By

Sean M. Ryan

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

S9601 (ACTIVE) - Details

S9601 (ACTIVE) - Summary

S9601 (ACTIVE) - Sponsor Memo

S9601 (ACTIVE) - Bill Text download pdf

Comments