Assembly Bill A7186

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7186
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred 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.
                                                            LBD08324-01-5
              

 A. 7186                             2

 or her] SUCH APPLICANT'S citizenship; (i) who has stated whether [he  or
 she]  SUCH  APPLICANT  has ever suffered any mental illness; (j) who has
 not been involuntarily committed 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 criminal 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 pursuant 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  inel-
 igibility  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 certif-
 icate of completion issued in [his or her]  SUCH  APPLICANT'S  name  and
 endorsed  and  affirmed under the penalties of perjury by a duly author-
 ized 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 stor-
 age 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 thousand twenty-two [which amended this
 paragraph] shall be required to complete the training required by subdi-
 vision 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  subdivision nineteen of this section for such
 license; (m) who has not had a guardian appointed for [him or her]  SUCH
 APPLICANT  pursuant  to  any provision of state law, based on a determi-
 nation that  as  a  result  of  marked  subnormal  intelligence,  mental
 illness,  incompetency,  incapacity,  condition  or disease, [he or she]
 SUCH APPLICANT lacks the mental capacity to contract or manage  [his  or
 her]  SUCH  APPLICANT'S  own  affairs; (n) WHO SUBMITS PROOF OF PERSONAL
 LIABILITY INSURANCE; (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 chapter; (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-
 A. 7186                             3
 
 ing  in the applicant's home, including any adult children of the appli-
 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.