NY State Senate Bill 2023-S138

Senate Bill S138

2023-2024 Legislative Session

Relates to certifying instructors in small arms practice

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2023	referred to codes delivered to assembly passed senate ordered to third reading cal.1621 committee discharged and committed to rules
May 16, 2023	print number 138a
May 16, 2023	amend (t) and recommit to codes
Jan 04, 2023	referred to codes

Votes

- Jun 7, 2023 - Floor Vote
  S138
  
  41
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (41)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (20)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S138
  
  14
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (7)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Stec

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S138 - Details

See Assembly Version of this Bill:: A6663
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L; amd §837, Exec L

2023-S138 - Summary

Relates to certifying instructors in small arms practice; provides that after December 31, 2026 individuals certified as an instructor in small arms practice shall seek recertification subject to the standards and curriculum promulgated by the division of criminal justice services.

2023-S138 - Sponsor Memo

                                 
BILL NUMBER: S138

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:

2022: S9601

 
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.

2023-S138 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    138
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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 chapter 371 of the laws of 2022, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01873-01-3

 S. 138                              2
 
 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
 section  22  of chapter 371 of the laws of 2022, takes effect. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the implementation of this act on its  effective
 date are authorized to be made and completed on or before such effective
 date.

co-Sponsors

2023-S138A (ACTIVE) - Details

See Assembly Version of this Bill:: A6663
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L; amd §837, Exec L

2023-S138A (ACTIVE) - Summary

2023-S138A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S138AREVISED 5/31/23

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the penal law and the executive law, in relation to
certifying instructors in small arms practice

 
PURPOSE:

The purpose of this bill is to give the state of New York, and specif-
ically the Division of Criminal Justice Services (DCJS), sole authority
to develop curricula for certifying instructors in small arms practice.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 19 of section 265.00 of the penal law by
requiring that all instructors in the state seek recertification begin-
ning January 1st, 2027 subject to the standards and curriculum developed
by DCJS.

Section 2 adds the ability to promulgate standards and develop curricula

for the certification of duly authorized instructors 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.

The State of New York has a strong interest in encouraging public safe-
ty, and ensuring that any gun safety curricula used in the state serve
that goal. This bill aims to ensure that all gun safety instructors are
equipped with the tools they need to teach gun owners how to handle
firearms safely. Both the curriculum for instructors and their certif-
ication need to be updated to account for public safety changes in a
post-Columbine world.

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 develop standards and curricula
that reflect modern safety standards and best practices and are free
from a political agenda.

 
LEGISLATIVE HISTORY:

2022: S9601

 
FISCAL IMPLICATIONS:

To be determined
 
LOCAL FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
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.

2023-S138A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  138--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  RYAN,  KAVANAGH,  CHU,  SALAZAR -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01873-02-3
 S. 138--A                           2
 
 RECERTIFICATION  SUBJECT  TO THE STANDARDS AND CURRICULUM PROMULGATED BY
 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.

Comments

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Anonymous

4 months ago

Dear Assembly and Senate Members,
I have been a civilian firearms trainer for over 10 years. I take my role of instructing others seriously. I am NRA and USCCA trained instructor as well as a Utah and Florida pistol instructor. I have been competing with firearms for most of my life. I offer my students textbook and real-life training as a way to give back to the community I live in.

Please take the following in consideration when evaluating the bill:
1) To increase competition with the NRA, you could consider adding additional training programs to the list such as USCCA.
2) The DCJS mission today is strictly to train and support law enforcement only. Their mission will need to extend to civilians in order for your proposal to have a positive effect.
3) Currently, most law enforcement agencies at the state and local level are overworked and understaffed. Shifting the burden from the 100s of civilian instructors to LE agencies will create an imbalance that results in the citizens of NY being denied their rights and freedom.
Regards

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Senate Bill S138

Share this bill

Sponsored By

Sean M. Ryan

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Brian Kavanagh

Iwen Chu

Julia Salazar

2023-S138 - Details

2023-S138 - Summary

2023-S138 - Sponsor Memo

2023-S138 - Bill Text download pdf

co-Sponsors

Brian Kavanagh

Iwen Chu

Julia Salazar

2023-S138A (ACTIVE) - Details

2023-S138A (ACTIVE) - Summary

2023-S138A (ACTIVE) - Sponsor Memo

2023-S138A (ACTIVE) - Bill Text download pdf

Comments