|SAME AS||No Same As|
|Amd §400.00, Pen L|
|Allows victims of domestic violence to carry or possess firearms without a license where they are protected by an order of protection and have applied for a license to carry or possess a firearm.|
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STATE OF NEW YORK ________________________________________________________________________ 205 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ 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 allowing victims of domes- tic violence to carry or possess firearms without a license The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 400.00 of the penal law is amended by adding a new 2 subdivision 18 to read as follows: 3 18. Carrying or possessing a firearm with a valid order of protection. 4 (a) The provisions of this section and article two hundred sixty-five of 5 this chapter relating to the illegal carrying or possession of a firearm 6 shall not apply to a person: 7 (i) over the age of twenty-one years old; 8 (ii) protected by an order of protection issued due to such person 9 being a victim of a family offense, as described in subdivision one of 10 section 530.11 of the criminal procedure law; 11 (iii) who has an application pending for a license to carry or possess 12 the firearm they are carrying or possessing; 13 (iv) is carrying or possessing the firearm in a manner that would be 14 legal if the license that is being applied for had been issued; and 15 (v) has a good faith belief that they will be granted such license. 16 (b) Upon a person applying for a license to carry or possess a 17 firearm, such person may request a certified copy of the application 18 upon its submission. The certified copy shall contain a date which is 19 forty-five days from the date of the application. The applicant can 20 return to where the application was submitted and request a new certi- 21 fied copy of the application with a date forty-five days from the date 22 of such request at any time before the license is issued or the applica- 23 tion is denied. The certified copy of the application will not be valid EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02691-01-9S. 205 2 1 for use by the applicant under paragraph (c) of this subdivision past 2 the date listed on it. 3 (c) While a person allowed under this subdivision to carry or possess 4 a firearm is carrying or possessing such firearm, they shall carry the 5 order of protection and an unexpired certified copy of the application 6 which allows for them to carry or possess the firearm as well as state 7 issued photo identification. Failure to do so is a violation punishable 8 by a fine up to twenty-five dollars. 9 § 2. This act shall take effect on the first of November next succeed- 10 ing the date on which it shall have become a law.