STATE OF NEW YORK
        ________________________________________________________________________

                                          1657

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend  the  penal  law,  in  relation  to  qualified  firearms
          instructors

          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  150  of  the  laws  of 2020, is amended to read as
     3  follows:
     4    19. "Duly authorized instructor" means (a) a duly commissioned officer
     5  of the United States army, navy, marine corps or coast guard, or of  the
     6  national  guard  of the state of New York; or (b) a duly qualified adult
     7  citizen of the United States who has been granted a  certificate  as  an
     8  instructor in small arms practice issued by the United States army, navy
     9  or  marine  corps,  or  by the adjutant general of this state, or by the
    10  national rifle association of America, a not-for-profit corporation duly
    11  organized under the laws of this state; (c) by a person  duly  qualified
    12  and  designated  by  the  department of environmental conservation under
    13  paragraph c of subdivision three of section 11-0713 of the environmental
    14  conservation law as its agent in  the  giving  of  instruction  and  the
    15  making  of  certifications of qualification in responsible hunting prac-
    16  tices; [or] (d) a New York state 4-H certified shooting sports  instruc-
    17  tor; or (e) a qualified firearms instructor.
    18    §  1-a.  Subdivision 19 of section 265.00 of the penal law, as amended
    19  by chapter 371 of the laws of 2022, is amended to read as follows:
    20    19. "Duly authorized instructor" means (a) a duly commissioned officer
    21  of the United States army, navy, marine corps or coast guard, or of  the
    22  national  guard  of the state of New York; or (b) a duly qualified adult
    23  citizen of the United States who has been granted a  certificate  as  an
    24  instructor in small arms practice issued by the United States army, navy
    25  or  marine  corps,  or  by the adjutant general of this state, or by the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05698-01-3

        S. 1657                             2

     1  division of criminal justice services, or by the national rifle  associ-
     2  ation  of America, a not-for-profit corporation duly organized under the
     3  laws of this state; (c) by a person duly qualified and designated by the
     4  department  of  environmental conservation as its agent in the giving of
     5  instruction and the making of certifications of qualification in respon-
     6  sible hunting practices; [or] (d) a New York state 4-H certified  shoot-
     7  ing sports instructor; or (e) a qualified firearms instructor.
     8    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
     9  vision 36 to read as follows:
    10    36.  "Qualified  firearms  instructor" means an individual who holds a
    11  certificate as a firearms instructor from an association or organization
    12  recognized by the division of criminal justice services.
    13    § 3. Paragraph 7-b of subdivision a of section  265.20  of  the  penal
    14  law,  as  amended by chapter 511 of the laws of 2014, is amended to read
    15  as follows:
    16    7-b. Possession and use, at an indoor or outdoor pistol range  located
    17  in  or on premises owned or occupied by a duly incorporated organization
    18  organized for conservation purposes or to foster  proficiency  in  small
    19  arms or at a target pistol shooting competition under the auspices of or
    20  approved  by  the  national rifle association for the purpose of loading
    21  and firing the same, by a person  who  has  applied  for  a  license  to
    22  possess a pistol or revolver and pre-license possession of same pursuant
    23  to section 400.00 or 400.01 of this chapter, who has not been previously
    24  denied  a  license,  been  previously  convicted  of a felony or serious
    25  offense, and who does not appear to be, or pose a threat to be, a danger
    26  to himself or to others, and who has been approved  for  possession  and
    27  use  herein in accordance with section 400.00 or 400.01 of this chapter;
    28  provided however, that such possession shall be of a pistol or  revolver
    29  duly  licensed  to and shall be used under the supervision, guidance and
    30  instruction of, a person specified in paragraph seven of  this  subdivi-
    31  sion, or a qualified firearms instructor, and provided further that such
    32  possession  and  use be within the jurisdiction of the licensing officer
    33  with whom the person has made application therefor or within the  juris-
    34  diction  of  the superintendent of state police in the case of a retired
    35  sworn member of the division of state police who has opted  to  make  an
    36  application pursuant to section 400.01 of this chapter.
    37    §  4. This act shall take effect immediately; provided that the amend-
    38  ments to subdivision 19 of section 265.00  of  the  penal  law  made  by
    39  section  one-a of this act shall take effect on the same date and in the
    40  same manner as chapter 371 of the laws of 2022, takes effect.