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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6663A
SPONSOR: Fahy TITLE OF BILL:
An act to amend the penal law and the executive law, in relation to
certifying instructors in small arms practice
PURPOSE:
The purpose of this bill is to give the State of New York, and specif-
ically the Division of Criminal Justice Services (DCJS), sole authority
to develop curricula for certifying instructors in small arms practice.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 19 of section 265.00 of the penal law by
requiring that all instructors in the state seek recertification begin-
ning January 1st, 2027 subject to the standards and curriculum developed
by DCJS.
Section 2 adds the ability to promulgate standards and develop curricula
for the certification of duly authorized instructors to DCJS's list of
enumerated powers under section 837 of the executive law.
Section 3 is the effective date.
JUSTIFICATION:
When the definition of "duly authorized instructor" was added to the
penal law in 1997, gun rights and gun safety looked different than they
do today. Since the mass shooting at Columbine High School in 1999, more
than 311,000 students at 331 schools have been exposed to gun violence
at school. In that same time frame, mass shootings and daily gun
violence have continued at a frequent pace in cities across America.
Where the NRA was once viewed as an authority on gun safety, it has
become an extremist organization that prioritizes political advocacy at
the expense of safety.
After numerous incidents of gun violence, instead of supporting reason-
able gun safety measures, the NRA has pursued an extreme political agen-
da focused on overturning gun safety laws here in New York and across
the nation. Through its conduct as an organization, the NRA has proven
to no longer be an authority on gun safety.
As the entity that collects and analyzes a variety of data on crimes and
criminal activity in the state, DCJS possesses a deep understanding of
the nature of crime, who commits crimes, and why. They are a non-law
enforcement entity, but they regularly share information with a variety
of state entities. DCJS will be able to develop standards and curricula
that reflect modern safety standards and best practices and are free
from a political agenda.
LEGISLATIVE HISTORY:
2022: S9601
FISCAL IMPLICATIONS:
To be determined
LOCAL FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to subdivision 19 of section 265.00 of the penal law made by
section one of this act shall take effect on the same date and in the
same manner as section 22 of chapter 371 of the laws of 2022, takes
effect. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
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.
