Bill Text: NY A05849 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to validity of a license to carry and possess a firearm in the city of New York where the licensee is a dealer, manufacturer or gunsmith of firearms and is carrying or possessing the firearms in the course of their employment.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05849 Detail]

Download: New_York-2017-A05849-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5849
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 16, 2017
                                       ___________
        Introduced by M. of A. CASTORINA, CROUCH, DiPIETRO, FRIEND, MONTESANO --
          read once and referred to the Committee on Codes
        AN  ACT to amend the penal law, in relation to the validity of a license
          to carry and possess a firearm in 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  6  of  section  400.00  of the penal law, as
     2  amended by chapter 318 of the laws  of  2002,  is  amended  to  read  as
     3  follows:
     4    6.  License:  validity.  Any  license  issued pursuant to this section
     5  shall be valid notwithstanding the provisions of any local law or  ordi-
     6  nance.    No  license shall be transferable to any other person or prem-
     7  ises. A license to carry or possess a pistol or revolver, not  otherwise
     8  limited as to place or time of possession, shall be effective throughout
     9  the  state,  except  that the same shall not be valid within the city of
    10  New York unless a special permit granting  validity  is  issued  by  the
    11  police commissioner of that city. Such license to carry or possess shall
    12  be  valid  within the city of New York in the absence of a permit issued
    13  by the police commissioner of that city, provided that (a) the  firearms
    14  covered by such license have been purchased from a licensed dealer with-
    15  in  the  city  of  New  York  and are being transported out of said city
    16  forthwith and immediately from said dealer by the licensee in  a  locked
    17  container  during  a continuous and uninterrupted trip; or provided that
    18  (b) the firearms covered by such license are being  transported  by  the
    19  licensee in a locked container and the trip through the city of New York
    20  is  continuous  and  uninterrupted;  or  provided  that (c) the firearms
    21  covered by such license are  carried  by  armored  car  security  guards
    22  transporting  money  or  other valuables, in, to, or from motor vehicles
    23  commonly known as armored cars, during the course of  their  employment;
    24  or  provided that (d) the licensee is a retired police officer as police
    25  officer is defined pursuant to subdivision thirty-four of  section  1.20
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00978-01-7
        A. 5849                             2
     1  of the criminal procedure law or a retired federal law enforcement offi-
     2  cer,  as  defined in section 2.15 of the criminal procedure law, who has
     3  been issued a license by an authorized licensing officer as  defined  in
     4  subdivision  ten  of  section 265.00 of this chapter; provided, further,
     5  however, that if such license was not issued in the city of New York  it
     6  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
     7  ment Officer", as the case may be, and, in the case of a retired officer
     8  the  license  shall  be  deemed  to  permit  only  police or federal law
     9  enforcement regulations weapons; or provided that (e) the licensee is  a
    10  peace officer described in subdivision four of section 2.10 of the crim-
    11  inal  procedure law and the license, if issued by other than the city of
    12  New York, is marked "New York State Tax Department Peace Officer" and in
    13  such case the exemption shall apply only to the firearm issued  to  such
    14  licensee  by  the  department  of  taxation  and  finance[. A license as
    15  gunsmith or dealer in firearms shall not be valid outside  the  city  or
    16  county,  as  the  case  may be, where issued.]; or provided that (f) the
    17  licensee is a dealer, manufacturer or gunsmith of firearms and is carry-
    18  ing or possessing the firearms in the course of their employment.
    19    § 2. This act shall take effect immediately.