Bill Text: NY A05011 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires a written determination to be made, on each application for issuance or renewal of a license to carry or possess a pistol or revolver, within 180 days of receipt; requires refund of all fees submitted with such application if a determination is not made in a timely manner.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05011 Detail]

Download: New_York-2019-A05011-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5011
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2019
                                       ___________
        Introduced  by M. of A. DiPIETRO, WOERNER, WALSH, WRIGHT, NIOU, HYNDMAN,
          MOSLEY, WALLACE, PICHARDO, JEAN-PIERRE,  HUNTER,  DICKENS,  GOTTFRIED,
          GIGLIO,  McDONOUGH,  BRABENEC,  MORINELLO, RAIA, BARRON -- Multi-Spon-
          sored by -- M.  of A. EPSTEIN, GALEF, PALMESANO, RA, STEC -- read once
          and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to requiring application  for
          a  license  to  carry or possess a pistol or revolver to be acted upon
          within 180 days of the receipt thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of subdivision 3 of section 400.00 of the
     2  penal law, as amended by chapter 1 of the laws of 2013,  is  amended  to
     3  read as follows:
     4    (a)  (i)  Applications  shall  be  made  and renewed, in the case of a
     5  license to carry or possess a pistol or revolver, to the licensing offi-
     6  cer in the city or county, as the  case  may  be,  where  the  applicant
     7  resides,  is  principally  employed or has his or her principal place of
     8  business as merchant or storekeeper; and, in the case of  a  license  as
     9  gunsmith  or  dealer  in  firearms,  to the licensing officer where such
    10  place of business is located. Blank applications shall,  except  in  the
    11  city  of New York, be approved as to form by the superintendent of state
    12  police. An application shall state the full name, date of  birth,  resi-
    13  dence, present occupation of each person or individual signing the same,
    14  whether  or  not he or she is a citizen of the United States, whether or
    15  not he or she complies with each requirement for  eligibility  specified
    16  in  subdivision  one  of  this  section  and  such other facts as may be
    17  required to show the good character, competency and  integrity  of  each
    18  person  or  individual  signing the application. An application shall be
    19  signed and verified by the applicant. Each individual signing an  appli-
    20  cation shall submit one photograph of himself or herself and a duplicate
    21  for  each  required copy of the application. Such photographs shall have
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03021-01-9

        A. 5011                             2
     1  been taken within thirty days prior to filing the application.  In  case
     2  of  a license as gunsmith or dealer in firearms, the photographs submit-
     3  ted shall be two inches square, and the application shall also state the
     4  previous occupation of each individual signing the same and the location
     5  of  the  place  of  such  business, or of the bureau, agency, subagency,
     6  office or branch office for which the license is sought, specifying  the
     7  name  of the city, town or village, indicating the street and number and
     8  otherwise giving such apt description as to  point  out  reasonably  the
     9  location  thereof. In such case, if the applicant is a firm, partnership
    10  or corporation, its name, date and place  of  formation,  and  principal
    11  place  of  business  shall  be stated. For such firm or partnership, the
    12  application shall be signed and verified by each individual composing or
    13  intending to compose the same, and for such corporation, by each officer
    14  thereof.
    15    (ii) In the case of each application for the issuance or renewal of  a
    16  license  to carry or possess a pistol or revolver, the licensing officer
    17  shall provide written notice to the applicant of the approval or  denial
    18  of such application within one hundred eighty days of the receipt of the
    19  application  by the appropriate county or city. In the event such notice
    20  is not provided within one hundred eighty days, the county or city shall
    21  provide to the applicant, a refund of all fees  and  charges  associated
    22  with  the  submission  of the application, unless the failure to provide
    23  timely notice was due to a factor or factors beyond the control  of  the
    24  city or county and the licensing officer.
    25    §  2.  This  act shall take effect on the thirtieth day after it shall
    26  have become a law.
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