Senate Bill S3126

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3126
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  qualified  firearms
   instructors
 
   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 respon-
 sible  hunting practices; [or] (d) a New York state 4-H certified shoot-
 ing sports instructor; OR (E) A QUALIFIED FIREARMS INSTRUCTOR.
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 37 to read as follows:
   37. "QUALIFIED FIREARMS INSTRUCTOR" MEANS AN INDIVIDUAL  WHO  HOLDS  A
 CERTIFICATE AS A FIREARMS INSTRUCTOR FROM AN ASSOCIATION OR ORGANIZATION
 RECOGNIZED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  3.  Paragraph  7-b  of subdivision a of section 265.20 of the penal
 law, as amended by chapter 511 of the laws of 2014, is amended  to  read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07001-01-5
 S. 3126                             2
              

 
   7-b.  Possession and use, at an indoor or outdoor pistol range located
 in or on premises owned or occupied by a duly incorporated  organization
 organized  for  conservation  purposes or to foster proficiency in small
 arms or at a target pistol shooting competition under the auspices of or
 approved  by  the  national rifle association for the purpose of loading
 and firing the same, by a person  who  has  applied  for  a  license  to
 possess a pistol or revolver and pre-license possession of same pursuant
 to section 400.00 or 400.01 of this chapter, who has not been previously
 denied  a  license,  been  previously  convicted  of a felony or serious
 offense, and who does not appear to be, or pose a threat to be, a danger
 to [himself] THEMSELF or to  others,  and  who  has  been  approved  for
 possession and use herein in accordance with section 400.00 or 400.01 of
 this  chapter;  provided  however,  that  such  possession shall be of a
 pistol or revolver duly licensed to and shall be used under  the  super-
 vision,  guidance  and  instruction  of, a person specified in paragraph
 seven of this subdivision,  OR  A  QUALIFIED  FIREARMS  INSTRUCTOR,  and
 provided further that such possession and use be within the jurisdiction
 of  the  licensing  officer  with  whom  the person has made application
 therefor or within the  jurisdiction  of  the  superintendent  of  state
 police  in  the  case of a retired sworn member of the division of state
 police who has opted to make an application pursuant to  section  400.01
 of this chapter.
   § 4. This act shall take effect immediately.