S T A T E O F N E W Y O R K
________________________________________________________________________
6663--A
2023-2024 Regular Sessions
I N A S S E M B L Y
April 26, 2023
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Codes -- reported and referred to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the penal law and the executive law, in relation to
certifying 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 chapter 371 of the laws of 2022, is amended to read as
follows:
19. (A) "Duly authorized instructor" means [(a)] (I) a duly commis-
sioned 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)] (II)
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 association of America, a not-for-profit corporation duly
organized under the laws of this state; [(c)] (III) 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 certif-
ications of qualification in responsible hunting practices; or [(d)]
(IV) a New York state 4-H certified shooting sports instructor.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, ANY CERTIFICATE
AS AN INSTRUCTOR IN SMALL ARMS PRACTICE ISSUED TO INDIVIDUALS PURSUANT
TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE VALID
THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. AFTER SUCH DATE,
INDIVIDUALS CERTIFIED AS AN INSTRUCTOR IN SMALL ARMS PRACTICE PURSUANT
TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL SEEK
RECERTIFICATION SUBJECT TO THE STANDARDS AND CURRICULUM PROMULGATED BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01873-03-3
A. 6663--A 2
THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SUBDIVISION TWEN-
TY-THREE OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
§ 2. Subdivision 23 of section 837 of the executive law, as added by
chapter 371 of the laws of 2022, 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
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) PROMULGATE MINIMUM STANDARDS AND CREATE CURRICULA FOR THE CERTIF-
ICATION OF DULY AUTHORIZED INSTRUCTORS 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 immediately, provided, however, that
the amendments to subdivision 19 of section 265.00 of the penal law
made by section one of this act shall take effect on the same date and
in the same manner as section 22 of chapter 371 of the laws of 2022,
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.