•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S00205 Summary:

BILL NOS00205
 
SAME ASNo Same As
 
SPONSORORTT
 
COSPNSR
 
MLTSPNSR
 
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.
Go to top

S00205 Text:



 
                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.
                                                                   LBD02691-01-9

        S. 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.
Go to top