Bill Text: NY S06401 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 6401 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Permits 4-H certified shooting sports instructors to supervise and instruct persons under sixteen years of age at shooting ranges.

Spectrum: Bipartisan Bill

Status: (Passed) 2020-08-24 - signed chap.150 [S06401 Detail]

Download: New_York-2019-S06401-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          6401

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

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

        AN ACT to amend the penal law, in relation to permitting  4-H  certified
          shooting  sports  instructors  to supervise and instruct persons under
          sixteen years of age at shooting ranges

          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 added
     2  by chapter 446 of the laws of 1997, is amended to read as follows:
     3    19. "Duly authorized instructor" means (a) a duly commissioned officer
     4  of  the United States army, navy, marine corps or coast guard, or of the
     5  national guard of the state of New York; or (b) a duly  qualified  adult
     6  citizen  of  the  United States who has been granted a certificate as an
     7  instructor in small arms practice issued by the United States army, navy
     8  or marine corps, or by the adjutant general of this  state,  or  by  the
     9  national rifle association of America, a not-for-profit corporation duly
    10  organized under the laws of this state; [or] (c) by a person duly quali-
    11  fied  and  designated  by  the  department of environmental conservation
    12  under [paragraph d of] subdivision six of section 11-0713 of  the  envi-
    13  ronmental conservation law as its agent in the giving of instruction and
    14  the  making  of  certifications  of qualification in responsible hunting
    15  practices; or (d)  a  New  York  state  4-H  certified  shooting  sports
    16  instructor.
    17    §  2. Paragraphs 7, 7-c, and 7-d of subdivision a of section 265.20 of
    18  the penal law, paragraph 7 as amended by chapter 180 of the laws of 1998
    19  and paragraphs 7-c and 7-d as added by chapter 651 of the laws of  1996,
    20  are amended to read as follows:
    21    7.  Possession, at an indoor or outdoor shooting range for the purpose
    22  of loading and firing, of a rifle or shotgun, the  propelling  force  of
    23  which  is gunpowder by a person under sixteen years of age but not under
    24  twelve, under the immediate supervision, guidance and instruction of (a)
    25  a duly commissioned officer of the United States army, navy, air  force,
    26  marine  corps  or  coast guard, or of the national guard of the state of
    27  New York; or (b) a duly qualified adult citizen of the United States who

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13021-03-9

        S. 6401                             2

     1  has been granted a certificate as an instructor in small  arms  practice
     2  issued by the United States army, navy, air force or marine corps, or by
     3  the  adjutant  general of this state, [or] by the national rifle associ-
     4  ation  of America, a not-for-profit corporation duly organized under the
     5  laws of this state, or by a New York state 4-H certified shooting sports
     6  instructor; or (c) a parent, guardian, or a person over the age of eigh-
     7  teen designated in writing by such parent or guardian who shall  have  a
     8  certificate  of  qualification in responsible hunting, including safety,
     9  ethics, and landowner relations-hunter relations, issued or  honored  by
    10  the  department  of  environmental  conservation; or (d) an agent of the
    11  department of environmental conservation appointed to conduct courses in
    12  responsible hunting practices pursuant to article eleven of the environ-
    13  mental conservation law.
    14    7-c. Possession for the purpose of loading and  firing,  of  a  rifle,
    15  pistol  or  shotgun,  the  propelling  force of which may be either air,
    16  compressed gas or springs, by a person under sixteen years  of  age  but
    17  not under twelve, under the immediate supervision, guidance and instruc-
    18  tion of (a) a duly commissioned officer of the United States army, navy,
    19  marine  corps  or  coast guard, or of the national guard of the state of
    20  New York; or (b) a duly qualified adult citizen of the United States who
    21  has been granted a certificate as an instructor in small  arms  practice
    22  issued  by the United States army, navy or marine corps, or by the adju-
    23  tant general of this state, [or] by the national  rifle  association  of
    24  America,  a  not-for-profit corporation duly organized under the laws of
    25  this state, or by  a  New  York  state  4-H  certified  shooting  sports
    26  instructor; or (c) a parent, guardian, or a person over the age of eigh-
    27  teen  designated  in writing by such parent or guardian who shall have a
    28  certificate of qualification in responsible hunting,  including  safety,
    29  ethics,  and  landowner relations-hunter relations, issued or honored by
    30  the department of environmental conservation.
    31    7-d. Possession, at an  indoor  or  outdoor  shooting  range  for  the
    32  purpose  of  loading  and  firing,  of  a  rifle, pistol or shotgun, the
    33  propelling force of which may be either air, compressed gas or  springs,
    34  by  a person under twelve years of age, under the immediate supervision,
    35  guidance and instruction of (a)  a  duly  commissioned  officer  of  the
    36  United  States  army,  navy,  marine  corps  or  coast  guard, or of the
    37  national guard of the state of New York; or (b) a duly  qualified  adult
    38  citizen  of  the  United States who has been granted a certificate as an
    39  instructor in small arms practice issued by the United States army, navy
    40  or marine corps, or by the adjutant general of this state, [or]  by  the
    41  national rifle association of America, a not-for-profit corporation duly
    42  organized  under  the  laws  of  this  state, or by a New York state 4-H
    43  certified shooting sports instructor; or (c) a parent,  guardian,  or  a
    44  person  over the age of eighteen designated in writing by such parent or
    45  guardian who shall have a certificate of  qualification  in  responsible
    46  hunting,   including  safety,  ethics,  and  landowner  relations-hunter
    47  relations, issued or honored by the department of environmental  conser-
    48  vation.
    49    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
    50  vision 26 to read as follows:
    51    26.  "New York state 4-H certified shooting instructor" means a certi-
    52  fied shooting sports instructor of the National 4-H Shooting  Sports,  a
    53  non-profit  organization, engaged in shooting education and youth devel-
    54  opment programming that is administered by  the  National  Institute  of
    55  Food and Agriculture of the United States department of agriculture.
    56    § 4. This act shall take effect immediately.