Senate Bill S5902

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5902
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced by Sens. BRISPORT, JACKSON, SANDERS -- 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 sepa-
 rately amended by chapters 371 and 669 of the laws of 2022,  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, which,  for  the  purposes  of  this
 article,  shall  mean  having  the  essential character, temperament and
 judgement necessary to be entrusted with a weapon and to use it only  in
 a  manner that does not endanger oneself or others; (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
 a  noncitizen (i) is not illegally or unlawfully in the United States or
 (ii) has not been admitted to the United  States  under  a  nonimmigrant
 visa  subject  to  the exception 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 citizen of the United States, has not  renounced  his
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07639-01-3
              

 S. 5902                             2
 
 or  her  citizenship;  (i)  who  has  stated  whether he or she has ever
 suffered any mental illness; (j) who has not been involuntarily  commit-
 ted  to a facility under the jurisdiction of an office of the department
 of  mental  hygiene  pursuant  to  article nine or fifteen of the mental
 hygiene law, article seven hundred thirty or section 330.20 of the crim-
 inal procedure law or substantially similar laws  of  any  other  state,
 section  four  hundred  two or five hundred eight of the correction law,
 section 322.2 or 353.4 of the family court act,  has  not  been  civilly
 confined  in  a secure treatment facility pursuant to article ten of the
 mental hygiene law, or has not been the subject of a report made  pursu-
 ant  to  section  9.46  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 authorized 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 storage of a firearm; (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, provided, however, persons with a license issued  under
 paragraph  (f) of subdivision two of this section prior to the effective
 date of [the] CHAPTER THREE HUNDRED SEVENTY-ONE OF THE laws of two thou-
 sand twenty-two [which amended this  paragraph]  shall  be  required  to
 complete  the  training required by subdivision nineteen of this section
 prior to the recertification of such license; and (iii) persons applying
 for a license under paragraph (f) of subdivision two of this section  on
 or  after  the effective date of [the] chapter THREE HUNDRED SEVENTY-ONE
 of the laws of two thousand twenty-two [which  amended  this  paragraph]
 who  shall  be required to complete the training required under subdivi-
 sion nineteen of this section for such license; (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,  incompetency,  incapacity, condition or
 disease, he or she lacks the mental capacity to contract or  manage  his
 or  her  own affairs; (n) WHO SUBMITS PROOF OF PERSONAL LIABILITY INSUR-
 ANCE; (O) for a license issued under paragraph (f) of subdivision two of
 this section, that the applicant has  not  been  convicted  within  five
 years  of  the  date  of  the  application  of any of the following: (i)
 assault in the third degree, as defined in section 120.00 of this  chap-
 ter;  (ii)  misdemeanor driving while intoxicated, as defined in section
 eleven hundred ninety-two of the  vehicle  and  traffic  law;  or  (iii)
 menacing,  as  defined  in section 120.15 of this chapter; and [(o)] (P)
 for a license issued under paragraph (f)  of  subdivision  two  of  this
 section,  the  applicant shall meet in person with the licensing officer
 for an interview and shall, in addition  to  any  other  information  or
 forms  required by the license application submit to the licensing offi-
 cer the following information: (i) names and contact information for the
 applicant's current spouse, or domestic partner, any other adults resid-
 ing in the applicant's home, including any adult children of the  appli-
 S. 5902                             3
 
 cant,  and  whether  or not there are minors residing, full time or part
 time, in the applicant's home; (ii) names and contact information of  no
 less  than  four  character references who can attest to the applicant's
 good  moral  character  and  that  such applicant has not engaged in any
 acts, or made any statements that suggest they are likely to  engage  in
 conduct that would result in harm to themselves or others; (iii) certif-
 ication  of  completion of the training required in subdivision nineteen
 of this section; (iv) a list of former and current social media accounts
 of the applicant from the past three years to  confirm  the  information
 regarding  the  applicants character and conduct as required in subpara-
 graph (ii) of this paragraph; and (v) such other information required by
 the licensing officer that is reasonably necessary and  related  to  the
 review of the licensing application.
   § 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.