Bill Text: NY A07283 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes active or inactive members of the military to be eligible for a firearms license upon providing evidence of completion of firearms training while serving in the military and provides that such applications shall be acted upon within thirty days of submission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A07283 Detail]
Download: New_York-2019-A07283-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7283 2019-2020 Regular Sessions IN ASSEMBLY April 18, 2019 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to authorizing active or inactive members of the military to be eligible for a firearms license upon providing evidence of completion of firearms training while serv- ing in the military The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 400.00 of the penal law, as 2 amended by chapter 1 of the laws of 2013, paragraph (c) as amended by 3 chapter 60 of the laws of 2018, is amended to read as follows: 4 1. Eligibility. No license shall be issued or renewed pursuant to this 5 section except by the licensing officer, and then only after investi- 6 gation and finding that all statements in a proper application for a 7 license are true; provided, however, that an active or inactive member 8 of the armed forces of the United States, including a member of the 9 national guard of the state of New York, shall be eligible for a license 10 upon submission of an application and such application shall be approved 11 without further investigation or findings if such active or inactive 12 member provides evidence that he or she has completed firearms training 13 while serving in the armed forces and is still an active member of the 14 armed forces or has been honorably discharged. No license shall be 15 issued or renewed except for an applicant (a) twenty-one years of age or 16 older, provided, however, that where such applicant has been honorably 17 discharged from the United States army, navy, marine corps, air force or 18 coast guard, or the national guard of the state of New York, no such age 19 restriction shall apply; (b) of good moral character; (c) who has not 20 been convicted anywhere of a felony or a serious offense or who is not 21 the subject of an outstanding warrant of arrest issued upon the alleged 22 commission of a felony or serious offense; (d) who is not a fugitive 23 from justice; (e) who is not an unlawful user of or addicted to any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11087-01-9A. 7283 2 1 controlled substance as defined in section 21 U.S.C. 802; (f) who being 2 an alien (i) is not illegally or unlawfully in the United States or (ii) 3 has not been admitted to the United States under a nonimmigrant visa 4 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been 5 discharged from the Armed Forces under dishonorable conditions; (h) who, 6 having been a citizen of the United States, has not renounced his or her 7 citizenship; (i) who has stated whether he or she has ever suffered any 8 mental illness; (j) who has not been involuntarily committed to a facil- 9 ity under the jurisdiction of an office of the department of mental 10 hygiene pursuant to article nine or fifteen of the mental hygiene law, 11 article seven hundred thirty or section 330.20 of the criminal procedure 12 law, section four hundred two or five hundred eight of the correction 13 law, section 322.2 or 353.4 of the family court act, or has not been 14 civilly confined in a secure treatment facility pursuant to article ten 15 of the mental hygiene law; (k) who has not had a license revoked or who 16 is not under a suspension or ineligibility order issued pursuant to the 17 provisions of section 530.14 of the criminal procedure law or section 18 eight hundred forty-two-a of the family court act; (l) in the county of 19 Westchester, who has successfully completed a firearms safety course and 20 test as evidenced by a certificate of completion issued in his or her 21 name and endorsed and affirmed under the penalties of perjury by a duly 22 authorized instructor, except that: (i) persons who are honorably 23 discharged from the United States army, navy, marine corps or coast 24 guard, or of the national guard of the state of New York, and produce 25 evidence of official qualification in firearms during the term of 26 service are not required to have completed those hours of a firearms 27 safety course pertaining to the safe use, carrying, possession, mainte- 28 nance and storage of a firearm; and (ii) persons who were licensed to 29 possess a pistol or revolver prior to the effective date of this para- 30 graph are not required to have completed a firearms safety course and 31 test; (m) who has not had a guardian appointed for him or her pursuant 32 to any provision of state law, based on a determination that as a result 33 of marked subnormal intelligence, mental illness, incapacity, condition 34 or disease, he or she lacks the mental capacity to contract or manage 35 his or her own affairs; and (n) concerning whom no good cause exists for 36 the denial of the license. No person shall engage in the business of 37 gunsmith or dealer in firearms unless licensed pursuant to this section. 38 An applicant to engage in such business shall also be a citizen of the 39 United States, more than twenty-one years of age and maintain a place of 40 business in the city or county where the license is issued. For such 41 business, if the applicant is a firm or partnership, each member thereof 42 shall comply with all of the requirements set forth in this subdivision 43 and if the applicant is a corporation, each officer thereof shall so 44 comply. 45 § 2. Subdivision 4-a of section 400.00 of the penal law, as added by 46 chapter 233 of the laws of 1980, is amended to read as follows: 47 4-a. Processing of license applications. Applications for licenses 48 shall be accepted for processing by the licensing officer at the time of 49 presentment. Except upon written notice to the applicant specifically 50 stating the reasons for any delay, in each case the licensing officer 51 shall act upon any application for a license pursuant to this section 52 within six months of the date of presentment of such an application to 53 the appropriate authority. Such delay may only be for good cause and 54 with respect to the applicant. In acting upon an application, the 55 licensing officer shall either deny the application for reasons specif- 56 ically and concisely stated in writing or grant the application andA. 7283 3 1 issue the license applied for. An application for a license pursuant to 2 this section for any active or inactive member of the armed forces of 3 the United States shall be acted upon by the licensing officer within 4 thirty days of the date of submission of such application to the appro- 5 priate authority. 6 § 3. This act shall take effect on the thirtieth day after it shall 7 have become a law.
