Bill Text: NY A06663 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to certifying instructors in small arms practice; provides that after December 31, 2026 individuals certified as an instructor in small arms practice shall seek recertification subject to the standards and curriculum promulgated by the division of criminal justice services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A06663 Detail]

Download: New_York-2023-A06663-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6663--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 26, 2023
                                       ___________

        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Codes -- reported and referred to the Committee on Codes -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee

        AN  ACT  to  amend  the  penal law and the executive law, in relation to
          certifying instructors in small arms practice

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  19  of  section  265.00 of the penal law, as
     2  amended by chapter 371 of the laws of 2022, is   amended   to   read  as
     3  follows:
     4    19.  (a)  "Duly  authorized instructor" means [(a)] (i) a duly commis-
     5  sioned officer of the United States army, navy, marine  corps  or  coast
     6  guard,  or of the national guard of the state of New York; or [(b)] (ii)
     7  a duly qualified adult citizen of the United States who has been granted
     8  a certificate as an instructor in small  arms  practice  issued  by  the
     9  United  States army, navy or marine corps, or by the adjutant general of
    10  this state, [or by the division of criminal justice services,] or by the
    11  national rifle association of America, a not-for-profit corporation duly
    12  organized under the laws of this state; [(c)] (iii)  by  a  person  duly
    13  qualified and designated by the department of environmental conservation
    14  as  its  agent  in  the  giving of instruction and the making of certif-
    15  ications of qualification in responsible  hunting  practices;  or  [(d)]
    16  (iv) a New York state 4-H certified shooting sports instructor.
    17    (b) Notwithstanding paragraph (a) of this subdivision, any certificate
    18  as  an  instructor in small arms practice issued to individuals pursuant
    19  to subparagraph (ii) of paragraph (a) of this subdivision shall be valid
    20  through December thirty-first, two thousand twenty-six. After such date,
    21  individuals certified as an instructor in small arms  practice  pursuant
    22  to  subparagraph  (ii)  of  paragraph (a) of this subdivision shall seek
    23  recertification subject to the standards and curriculum  promulgated  by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01873-03-3
        A. 6663--A                          2

     1  the  division of criminal justice services pursuant to subdivision twen-
     2  ty-three of section eight hundred thirty-seven of the executive law.
     3    §  2.  Subdivision 23 of section 837 of the executive law, as added by
     4  chapter 371 of the laws of 2022,  is  amended to read as follows:
     5    23. (a) In conjunction with the superintendent of [the] state  police,
     6  promulgate  policies  and  procedures  with regard to standardization of
     7  firearms safety training required under subdivision nineteen of  section
     8  400.00  of  the  penal  law,  which shall include the approval of course
     9  materials and promulgation of proficiency standards for live fire train-
    10  ing; [and]
    11    (b) In conjunction with the superintendent of state police, create  an
    12  appeals board for the purpose of hearing appeals as provided in subdivi-
    13  sion  four-a of section 400.00 of the penal law and promulgate rules and
    14  regulations governing such appeals[.]; and
    15    (c) Promulgate minimum standards and create curricula for the  certif-
    16  ication of duly authorized instructors pursuant to section 265.00 of the
    17  penal  law.  The  division  shall  promulgate  any rules and regulations
    18  necessary for the implementation of this subdivision.
    19    § 3. This act shall take effect immediately, provided,  however,  that
    20  the  amendments to subdivision 19 of section 265.00  of  the  penal  law
    21  made by section one of this act shall take effect on the same  date  and
    22  in  the  same  manner  as section 22 of chapter 371 of the laws of 2022,
    23  takes effect. Effective  immediately,  the  addition,  amendment  and/or
    24  repeal  of  any  rule  or regulation necessary for the implementation of
    25  this act on its  effective date are authorized to be made and  completed
    26  on or before such effective date.