Assembly Bill A1600

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1600
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. BLANKENBUSH, BRABENEC, DeSTEFANO, HAWLEY, ANGELI-
   NO, MILLER, McDONOUGH, SMULLEN, TAGUE -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to pistol permit applications
   for military personnel
 
   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. 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. HOWEVER, AN  APPLICATION  FOR  A  LICENSE
 PURSUANT  TO  THIS SECTION FOR ANY MEMBER OF AN ACTIVE OR RESERVE COMPO-
 NENT OF THE ARMED FORCES OF THE UNITED STATES SHALL BE ACTED UPON BY THE
 LICENSING OFFICER WITHIN NINETY DAYS OF THE DATE OF PRESENTMENT OF  SUCH
 AN APPLICATION TO THE APPROPRIATE AUTHORITY.
   § 2. Subdivision 4-a of section 400.00 of the penal law, as amended by
 chapter 371 of the laws of 2022, is amended to read as follows:
   4-a.  Appeals  from denial of an application, renewal, recertification
 or license revocation. If an application for a license  is  denied,  not
 renewed,  not recertified, or revoked, the licensing officer shall issue
 a written notice to the applicant setting forth  the  reasons  for  such
 denial.  An applicant may, within ninety days of receipt of such notice,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05178-01-3
              

 A. 1600                             2
 
 request a hearing to appeal the denial to the appeals board  created  by
 the  division  of  criminal  justice  services and the superintendent of
 state police. An individual may be represented by counsel at any appear-
 ance  before  the  appeals board and shall be afforded an opportunity to
 present additional evidence in support of their application. The commis-
 sioner of criminal justice services  and  the  superintendent  of  state
 police  shall  promulgate  rules  and regulations governing such appeals
 process. HOWEVER, AN APPLICATION FOR A LICENSE PURSUANT TO THIS  SECTION
 FOR  ANY MEMBER OF AN ACTIVE OR RESERVE COMPONENT OF THE ARMED FORCES OF
 THE UNITED STATES SHALL BE ACTED UPON BY THE  LICENSING  OFFICER  WITHIN
 NINETY  DAYS  OF  THE  DATE OF PRESENTMENT OF SUCH AN APPLICATION TO THE
 APPROPRIATE AUTHORITY.
   § 3. The penal law is amended by adding a new section 400.15  to  read
 as follows:
 § 400.15 RECIPROCITY FOR QUALIFIED MILITARY PERSONNEL.
   1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
 MEMBER OF AN ACTIVE OR RESERVE COMPONENT OF  THE  ARMED  FORCES  OF  THE
 UNITED  STATES  WHO  IS  DULY  LICENSED  TO CARRY A PISTOL OR FIREARM BY
 ANOTHER JURISDICTION WITHIN THE UNITED STATES SHALL BE ALLOWED TO  CARRY
 SUCH PISTOL OR FIREARM WITHIN NEW YORK STATE FOR A PERIOD OF TIME NOT TO
 EXCEED NINETY DAYS, AND FOR THE PERIOD OF TIME AN APPLICATION IS PENDING
 UNDER SECTION 400.00 OF THIS ARTICLE.
   2.  PERSONS  CARRYING  A  FIREARM UNDER THE PROVISIONS OF THIS SECTION
 SHALL BE REQUIRED TO: (A) CARRY THE OUT-OF-STATE  PERMIT  TOGETHER  WITH
 VALID  IDENTIFICATION  WHENEVER  THE  PERSON  IS  CARRYING THE PISTOL OR
 FIREARM AND (B) DISCLOSE TO ANY LAW ENFORCEMENT OFFICER THAT THE  PERSON
 HOLDS A VALID PERMIT AND IS CARRYING A PISTOL OR FIREARM WHEN APPROACHED
 OR  ADDRESSED  BY THE OFFICER, AND SHALL DISPLAY BOTH THE PERMIT AND THE
 PROPER IDENTIFICATION UPON THE REQUEST OF A LAW ENFORCEMENT OFFICER.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided, however, that section two of this act shall
 take  effect  on  the same date and in the same manner as chapter 371 of
 the laws of 2022, takes effect.