NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A41001
SPONSOR: Rules (Heastie) TITLE OF BILL:
An act to amend the penal law, the general business law, the executive
law, the civil practice law and rules and the state finance law, in
relation to licensing and other provisions relating to firearms
PURPOSE:
The United States Supreme Court's decision in New York State Rifle &
Pistol Association, Inc., v. Bruen, et al. struck down a 100-year law
requiring applicants for conceal carry gun permits to show "proper
cause". It deemed New York State's existing law unconstitutional because
the law afforded too much discretion to the State and its licensing
officers in determining "proper cause." As a result of this decision,
the State must amend the State's laws on concealed carry permits and
take other steps to address the consequences of the Supreme Court deci-
sion and the resulting increase in licenses and in the number of indi-
viduals who will likely purchase and carry weapons in New York State.
The proposed legislation changes the concealed carry permitting process
and adds specific eligibility requirements, including the taking and
passing of firearm training courses for permit applicants. It will
enable the State to regulate and standardize training for license appli-
cants. The legislation also identifies sensitive locations where it is
prohibited to carry a concealed weapon and establishes that private
property owners must expressly allow a person to possess a firearm,
rifle, or shotgun on their property. Individuals who carry concealed
weapons in sensitive locations or in contravention of the authority of
an owner of private property will face criminal penalties. The State
will have oversight over background checks for firearms, run regular
checks on license holders for criminal convictions, and create a state-
wide license and ammunition database. The legislation also strengthens
and clarifies the law relating to the sale of body armor and the safe
storage of firearms. The bill will take effect on September 1, 2022. An
appeals board will be created for those applicants whose license is
denied, which will take effect on April 1, 2023.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends section 400.00 of the penal law: to define
good moral character, provide new eligibility requirements, which
include passing a firearms safety course; to create a new concealed
carry license under 400.00 2(f) with additional disqualifying offenses
and eligibility requirements; to create an appeals process for appli-
cants who are denied, or licenses which are revoked; to require
concealed carry 2(f) licenses to recertify and renew their license after
three years; to provide that conduct that would result in a denial of a
license would also operate as a ground for revocation of a license, and
a material false statement would result in revocation of a license,
issued to a licensee in writing.
Section 2 amends section 837 of the executive law, giving the Division
of Criminal Justice Services (DCJS) the new duty and function of collab-
orating with the Division of State Police to certify instructors and
create course and training standards for a firearms safety course and
live-fire range training DCJS will work with the State Police to create
an appeals board.
Section 3 amends the executive law by adding a new section 235, giving
the State Police the responsibility of collaborating with DCJS to
promulgate the policies and procedures for firearms safety and training.
It also requires the State Police to work with DCJS in creating an
appeals board.
Section 4 amends the penal law by adding a new section 265.01-e, making
a comprehensive list of all the sensitive places where the possession
and carrying of firearms, rifles, or shotguns are prohibited. This
section makes it a class E felony to possess a firearm, rifle, or shot-
gun in an enumerated prohibited sensitive place. It also specifies the
people who are exempt from this prohibition.
Section 5 amends the penal law by adding a new section 265.01-d, making
it a class E felony to possess a firearm, rifle, or shotgun on private
property where a property owner has not given an indication or expressly
allowed a person to possess. It also specifies the people who are exempt
from this prohibition.
Section 6 amends penal law section 265.20 by allowing a person to
possess a pistol or revolver while undergoing live-fire range training
with a qualified instructor.
Section 7 amends penal law section 400.02 by requiring DCJS to conduct a
monthly check of licensees' records for criminal conviction, criminal
indictment, mental health, extreme risk protection orders, orders of
protection, and other records. This section also creates a statewide
license and records database for the sales of ammunition.
Section 8 amends penal law section 400.03, providing that people who
sell firearms or ammunition shall keep records of their sales in way
approved by State Police.
Section 9 amends penal law section 265.45, promulgating new safe storage
laws for rifles, shotguns, and firearms in vehicles.
Section 10 adds a new section 400.30 to the penal law, to specify that
the enactment of this bill and its application will not prevent local
law to be more restrictive.
Section 11 amends penal law section 270.20, replacing the former defined
term "body vest" with a new definition of the term "body armor," which
includes any product that is a personal protective body covering
intended to protect against gunfire, and would include hard body armor.
Section 12 amends penal law section 270.21, changing the term "body
vest" to "body armor" and prohibiting the purchase of body armor by
individuals not engaged or employed in an eligible profession.
Section 13 amends penal law section 270.22, changing the term "body
vest" to "body armor" and prohibiting the sale of body armor to individ-
uals not engaged or employed in an eligible profession. 2
Section 14 amends section 396-eee of general business law, changing the
tem). "body vest" to "body armor," and prohibiting the sale of body
armor to individuals not engaged or employed in an eligible profession.
Section 15 amends section 144-a of the executive law, changing the term
"body vest" to "body armor."
Section 16 amends the executive law to add a new section 228, authoriz-
ing State police to run national instant criminal background checks and
serve as a State point of contact.
Section 17 amends section 898 of the general business law to require
dealers to submit a request to State police before receiving a back-
ground check.
Section 18 amends section 896 of the general business law to require
firearm dealers to submit a request to State police before any firearm
sale or transfer.
Section 19 amends section 400.03 of the penal law, requiring dealers and
sellers to go through the State police to conduct background checks.
Section 20 adds a new section 400.06, requiring dealers to contact State
police to conduct a national instant criminal background check. Failure
to comply is a class A misdemeanor.
Section 21 adds a new section 99-pp to the finance law to create a
"background check fund". This fund will be used to cover the costs asso-
ciated with performing background checks.
Section 22 amends section 265.00 of the penal law to redefine "duly
authorized instructor" as including people certified by DCJS.
Section 23 amends section 400.00 of the penal law to require licensing
officials to notify licensees regarding important infounation concerning
their responsibilities as a license holder. Licensees must receive a
notification regarding the requirements for the safe storage of their
firearm, rifle, or shotgun.
Section 24 amends section 265.00, to modify the definition for a rifle
and shotgun.
Section 25, the severability clause, provides that if any part of this
Act be adjudged by any court of competent jurisdiction to be invalid,
such judgment would not invalidate the remainder of the Act.
Section 26 provides that the bill takes effect on the first day of
September next succeeding the date on which it shall have become a law.
EXISTING LAW:
1. PL § 400.00 establishes the requirements for licenses to carry,
possess, repair, and dispose of firearms.
2. PL § 265 establish the penalties of unlawful possession of firearms
and other dangerous weapons.
3. PL § 400.02 establishes the creation of a statewide license and
record database.
4. PL § 400.03 requires every "commercial transfer" of ammunition,
including sales by firearms dealers and other ammunition vendors, to be
preceded by a background check through a statewide license and record
database.
5. PL § 270.20 establishes the penalties for unlawful wearing of a body
vest.
6. PL § 27021 establishes the penalties for unlawful purchase of a body
vest.
7. PL § 27022 establishes the penalties for unlawful sale of a body
vest.
8. Gen Bus. L § 896 establishes the regulations concerning the operation
of a gun show.
9. Gen Bus. L § 898 establishes the requirements for the private sale or
disposal of firearms, rifles and shotguns.
10. Gen Bus. L § 396-eee establishes the penalties for unlawful sale or
delivery of body vests.
11. Executive law § 144-a establishing the criteria for eligible
professions for the purchase, sale, and use of body vests.
12. Executive law § 837 establishes the functions, powers, and duties of
the division.
JUSTIFICATION:
Modifying NYS Conceal Carry Application Process and Criteria
The proposed legislation creates a new licensing procedure that satis-
fies the requirements set forth by the United States Supreme Court deci-
sion in New York State Rifle & Pistol Association, Inc., v. Bruen, et
al. Notably, this replaces the "proper cause" requirements of New York's
current conceal carry law, with a new set of requirements that protects
individuals' Second Amendment rights as determined by the Supreme Court.
Under this bill, applicants who successfully meet New York's conceal
carry license applications requirements will receive their license. The
bill furthers the State's compelling interest in preventing death and
injury by firearms. It addresses who may lawfully possess a firearm, the
requirements for purchasing guns and ammunition, and the restrictions
that may be imposed on the possession or carrying of guns. It contains
enhanced screening of conceal carry license applicants (including
in-person interviews, reviews of social media and other information
necessary to evaluate the application). The bill includes a robust
appeals process to ensure the system is administered consistently and
fairly across the State, including a new requirement for written notices
to applicant licensees for all denials and revocations. It provides
recurring monthly checks of licenses statewide to identify those who
become prohibited from possessing firearms and expands secure storage to
prevent thefts of guns from cars.
Point of Contact: State-run Background Checks for Firearms
Efficient, effective, and thorough background checks are a vital compo-
nent of ensuring public safety and guaranteeing that individuals can
purchase guns without unreasonable delay. Background checks undertaken
by states are typically more thorough than those conducted by the Feder-
al Bureau of Investigation ("FBI"), which lacks access to crucial state-
owned and local-owned records and databases that provide a fuller, more
accurate assessment of an applicant's background. This legislation makes
the State responsible for the administration of background checks relat-
ing to gun purchases, establishing New York as a "Point of Contact"
state. State background checks can integrate additional essential infor-
mation into the licensing process, including outstanding felony
warrants, mental health records, domestic violence restraining orders,
and more updated criminal and disposition records. Research and institu-
tional data shows that the practice of conducting firearm purchaser
background checks through state or local agencies, as opposed to through
the FBI, is associated with reduced firearm death rates. Thirteen states
use a state or local point of contact for all firearm transfers. Other
states use a state or local point of contact for handgun background
checks only, using the FBI for background checks on long gun transfers.
Body Armor
Under existing Penal Law section 270.20, a "body vest" is defined as a
bullet-resistant soft body armor. This bill changes "body vest" to "body
armor" in order to apply to a broader array of protective equipment that
is bullet resistant. During the mass shooting in Buffalo, the shooter
was wearing a steel-plated vest which would not have been captured under
the existing body vest definition.
Ammunition Background Checks
In practice, in most states, individuals can purchase ammunition without
any background check or other restriction, often over the Internet.
Thirteen states restrict access to ammunition by most or all people who
cannot possess firearms (although the eligibility criteria for firearm
possession is stronger than for ammunition possession in 3 states).
Ammunition background checks and other regulations on the sale and
transfer of ammunition are important ways to keep the public safe.
LEGISLATIVE HISTORY:
This legislation is new law. It also modifies provisions of law concern-
ing body armor, enacted by chapter 210 of the laws of 2022.
BUDGET IMPLICATIONS:
State agencies can begin to implement changes with existing resources.
EFFECTIVE DATE:
This bill shall take effect September 1, 2022, provided to allow DCJS
additional time for implementation, some sections will go into effect
April 1, 2023.
