Assembly Bill A5734

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5734
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced  by  M.  of A. BARCLAY, HAWLEY, MORINELLO, REILLY, DeSTEFANO,
   SIMPSON,  GALLAHAN,  LEMONDES,  BLANKENBUSH,  BRABENEC,  DiPIETRO   --
   Multi-Sponsored  by  --  M. of A. K. BROWN, MANKTELOW -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  licenses  to  carry  and
   possess firearms for police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4-b 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-b.  Processing  of  license  applications.    (A)  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 licens-
 ing  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 applica-
 tion, the licensing  officer  shall  either  deny  the  application  for
 reasons specifically and concisely stated in writing or grant the appli-
 cation  and  issue the license applied for. A POLICE OFFICER WHO SUBMITS
 AN APPLICATION CONTAINING A CERTIFICATION OR ATTESTATION  FROM  THE  LAW
 ENFORCEMENT  AGENCY  OR  DEPARTMENT  FROM  WHICH THEY ARE EMPLOYED WHICH
 STATES THEY ARE IN GOOD STANDING, SHALL BE PRESUMPTIVE  EVIDENCE  AS  TO
 THE FITNESS AND QUALIFICATION TO CARRY AND POSSESS FIREARMS. THE LICENS-
 ING  AUTHORITY  WITH  JURISDICTION  IN THE COUNTY OR CITY HAVING A POPU-
 LATION OF LESS THAN ONE MILLION, SHALL ISSUE  A  LICENSE  TO  CARRY  AND
 POSSESS  A PISTOL OR REVOLVER PURSUANT TO THIS SECTION WITHIN SIXTY DAYS
 OF A POLICE  OFFICER  APPLICANT'S  SUBMISSION  AND  SUCH  LICENSE  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02233-01-5
 A. 5734                             2
              

 
 AUTHORIZE THE LICENSEE TO CARRY AND POSSESS FIREARMS IN EVERY COUNTY AND
 CITY IN THIS STATE.
   (B)  FOR  THE  PURPOSES OF THIS SECTION, "POLICE OFFICER" SHALL MEAN A
 POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
 THE CRIMINAL PROCEDURE LAW.
   § 2. This act shall take effect immediately.