Bill Text: NY A02299 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course and while under the supervision of the instructor thereof.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A02299 Detail]

Download: New_York-2017-A02299-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2299
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by  M.  of  A.  WOERNER,  BLAKE,  CRESPO, STEC, SCHIMMINGER,
          PALMESANO, WALTER,  BARRETT,  GUNTHER,  BRINDISI,  STIRPE,  SKARTADOS,
          KEARNS, FAHY, MALLIOTAKIS, MURRAY, FITZPATRICK, BLANKENBUSH, LAWRENCE,
          LALOR,  BUTLER, LOPEZ, DiPIETRO, LUPINACCI, RAIA, PALUMBO, McDONALD --
          Multi-Sponsored by -- M. of A. COOK, HAWLEY, LUPARDO -- read once  and
          referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to authorizing the possession
          of  a pistol or revolver while attending a pre-license firearms safety
          course
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision a of section 265.20 of the penal law is amended
     2  by adding a new paragraph 7-g to read as follows:
     3    7-g.  Possession  of  a pistol or revolver by a person who has applied
     4  for a license to possess a pistol or revolver and pre-license possession
     5  of same pursuant to section 400.00 of this chapter,  who  has  not  been
     6  previously  denied  a  license, been previously convicted of a felony or
     7  serious offense, and who does not appear to be, or pose a threat to  be,
     8  a danger to himself, herself or to others, and who has been approved for
     9  possession  in  accordance with section 400.00 of this chapter; provided
    10  that such possession shall be of a pistol or revolver duly  licensed  to
    11  and  shall  be possessed under the supervision, guidance and instruction
    12  of a certified firearms safety course instructor, and  provided  further
    13  that such possession occurs during the course of a certified pre-license
    14  firearms safety course in which such person is enrolled.
    15    §  2.  Paragraph  (b)  of subdivision 3 of section 400.00 of the penal
    16  law, as added by chapter 778 of the laws of 1985, is amended to read  as
    17  follows:
    18    (b) Application for an exemption under paragraph seven-b or seven-g of
    19  subdivision a of section 265.20 of this chapter. Each applicant desiring
    20  to  obtain  the  exemption  set forth in paragraph seven-b or seven-g of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00308-01-7
        A. 2299                             2
     1  subdivision a of section 265.20 of this chapter shall make such  request
     2  in writing of the licensing officer with whom his or her application for
     3  a license is filed, at the time of filing such application. Such request
     4  shall  include  a signed and verified statement by the person authorized
     5  to instruct and supervise the applicant, that has met with the applicant
     6  and that he or she has determined that, in his  or  her  judgment,  said
     7  applicant  does  not  appear  to be or poses a threat to be, a danger to
     8  himself, herself or to others. He or she shall include a copy of his  or
     9  her certificate as an instructor in small arms, if he or she is required
    10  to  be certified, and state his or her address and telephone number.  He
    11  or she shall specify the exact location by name, address  and  telephone
    12  number  where  such  instruction will take place. Such licensing officer
    13  shall, no later than ten business days after such  filing,  request  the
    14  duly  constituted police authorities of the locality where such applica-
    15  tion is made to investigate and ascertain any previous  criminal  record
    16  of  the  applicant  pursuant  to subdivision four of this section.  Upon
    17  completion of this investigation, the police authority shall report  the
    18  results  to the licensing officer without unnecessary delay. The licens-
    19  ing officer shall no later than ten business days after the  receipt  of
    20  such  investigation,  determine  if  the  applicant  has been previously
    21  denied a license, been convicted of a felony, or  been  convicted  of  a
    22  serious  offense,  and  either  approve  or disapprove the applicant for
    23  exemption purposes based upon such determinations. If the  applicant  is
    24  approved  for  the  exemption,  the  licensing  officer shall notify the
    25  appropriate duly constituted police authorities and the applicant.  Such
    26  exemption  shall terminate if the application for the license is denied,
    27  or at any earlier time  based  upon  any  information  obtained  by  the
    28  licensing  officer  or  the  appropriate  police authorities which would
    29  cause the license to be denied. The  applicant  and  appropriate  police
    30  authorities shall be notified of any such terminations.
    31    §  3.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.