Bill Text: NY A00380 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 380 (Prior Session Legislation)

Introduced

Bill Title: Requires the renewal of firearms' licenses after five years and the taking of a safety course outside the city of New York; sets a date for expiration and provides for a schedule for recertification to be developed by the commissioner of criminal justice services.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2012-05-10 - advanced to third reading cal.538 [A00380 Detail]

Download: New_York-2011-A00380-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          380
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  PAULIN,  COOK,  SCHIMEL,  ROSENTHAL, JAFFEE,
         KAVANAGH -- Multi-Sponsored by -- M. of A. BRENNAN, CYMBROWITZ,  HOOP-
         ER,  PERRY,  PHEFFER, TOWNS -- read once and referred to the Committee
         on Codes
       AN ACT to amend the penal law, in relation to providing for the  expira-
         tion  and renewal of certain firearms licenses outside the city of New
         York
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subdivision  10  of section 400.00 of the penal law, as
    2  amended by chapter 447 of the laws  of  1997,  is  amended  to  read  as
    3  follows:
    4    10.  License: expiration[, certification] and renewal. Any license for
    5  gunsmith or dealer in firearms and, in the city of New York, any license
    6  to carry or possess a pistol or revolver, issued at any time pursuant to
    7  this section or prior to the first day of July, nineteen hundred  sixty-
    8  three and not limited to expire on an earlier date fixed in the license,
    9  shall  expire  not more than three years after the date of issuance. [In
   10  the counties of Nassau, Suffolk and Westchester, any license to carry or
   11  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
   12  section  or prior to the first day of July, nineteen hundred sixty-three
   13  and not limited to expire on an earlier date fixed in the license, shall
   14  expire not more than five years after the date of issuance; however,  in
   15  the  county of Westchester, any such license shall be certified prior to
   16  the first day of April, two thousand, in accordance with a  schedule  to
   17  be contained in regulations promulgated by the commissioner of the divi-
   18  sion  of  criminal  justice  services,  and  every such license shall be
   19  recertified every five years thereafter. For purposes  of  this  section
   20  certification  shall mean that the licensee shall provide to the licens-
   21  ing officer the following information  only:    current  name,  date  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00317-01-1
       A. 380                              2
    1  birth,  current  address, and the make, model, caliber and serial number
    2  of all firearms  currently  possessed.  Such  certification  information
    3  shall  be filed by the licensing officer in the same manner as an amend-
    4  ment. Elsewhere than in the city of New York and the counties of Nassau,
    5  Suffolk  and  Westchester,  any  license to carry or possess a pistol or
    6  revolver, issued at any time pursuant to this section or  prior  to  the
    7  first  day  of  July,  nineteen  hundred  sixty-three and not previously
    8  revoked or cancelled, shall be in force  and  effect  until  revoked  as
    9  herein  provided.] ELSEWHERE THAN IN THE CITY OF NEW YORK ANY LICENSE TO
   10  CARRY OR POSSESS A PISTOL OR REVOLVER, ISSUED AT ANY  TIME  PURSUANT  TO
   11  THIS  SECTION OR PRIOR TO THE FIRST DAY OF JULY, NINETEEN HUNDRED SIXTY-
   12  THREE AND NOT LIMITED TO EXPIRE ON AN EARLIER DATE FIXED IN THE LICENSE,
   13  SHALL EXPIRE NOT MORE THAN  FIVE  YEARS  AFTER  THE  DATE  OF  ISSUANCE,
   14  PROVIDED  THAT ELSEWHERE THAN IN THE CITY OF NEW YORK, NASSAU COUNTY AND
   15  SUFFOLK COUNTY, THE DATE OF ISSUANCE OF ANY SUCH LICENSE FOR PURPOSES OF
   16  DETERMINING THE EXPIRATION DATE OF SUCH LICENSE SHALL BE ESTABLISHED  IN
   17  ACCORDANCE WITH A SCHEDULE TO BE CONTAINED IN REGULATIONS PROMULGATED BY
   18  THE  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES. Any
   19  license not previously cancelled or revoked shall remain in  full  force
   20  and  effect  for  thirty  days beyond the stated expiration date on such
   21  license. Any application to renew a  license  that  has  not  previously
   22  expired,  been revoked or cancelled shall thereby extend the term of the
   23  license until disposition of the application by the  licensing  officer.
   24  In the case of a license for gunsmith or dealer in firearms, in counties
   25  having  a  population  of  less  than  two hundred thousand inhabitants,
   26  photographs and fingerprints shall be submitted on original applications
   27  and upon renewal thereafter only at six year intervals.  Upon  satisfac-
   28  tory  proof  that a currently valid original license has been despoiled,
   29  lost or otherwise removed from the possession of the licensee  and  upon
   30  application  containing  an  additional  photograph of the licensee, the
   31  licensing officer shall issue a duplicate license.
   32    S 2. This act shall take effect immediately.