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S01192 Summary:

Amd §265.01, add §400.15, Pen L
Requires persons possessing any firearm to hold a firearms safety certificate; establishes application and training process therefor.
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S01192 Actions:

04/29/2021PRINT NUMBER 1192A
05/03/20211ST REPORT CAL.862
05/04/20212ND REPORT CAL.
01/31/20221ST REPORT CAL.365
02/01/20222ND REPORT CAL.
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S01192 Text:

                STATE OF NEW YORK
            Cal. No. 862
                               2021-2022 Regular Sessions
                    IN SENATE
                                     January 8, 2021
          STAVISKY  --  read  twice  and ordered printed, and when printed to be
          committed to the Committee on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported favorably from said committee, ordered  to  first  and
          second  report,  ordered  to  a  third  reading,  amended  and ordered
          reprinted, retaining its place in the order of third reading
        AN ACT to amend the penal law, in relation to requiring persons possess-
          ing a firearm to hold a firearms safety certificate
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 6, 7 and 8 of section 265.01 of the penal law,
     2  as  amended  by  chapter  1  of  the laws of 2013, are amended and a new
     3  subdivision 9 is added to read as follows:
     4    (6) He or she is a person who  has  been  certified  not  suitable  to
     5  possess a rifle or shotgun, as defined in subdivision sixteen of section
     6  265.00 of this article, and refuses to yield possession of such rifle or
     7  shotgun upon the demand of a police officer. Whenever a person is certi-
     8  fied  not suitable to possess a rifle or shotgun, a member of the police
     9  department to which such certification is made, or of the state  police,
    10  shall  forthwith  seize any rifle or shotgun possessed by such person. A
    11  rifle or shotgun seized as [herein] provided in this  subdivision  shall
    12  not  be  destroyed,  but  shall be delivered to the headquarters of such
    13  police department, or state police, and there retained until the  afore-
    14  said  certificate  has  been  rescinded  by the director or physician in
    15  charge, or other disposition of such rifle or shotgun has  been  ordered
    16  or authorized by a court of competent jurisdiction[.]; or
    17    (7)  He  or  she  knowingly possesses a bullet containing an explosive
    18  substance designed to detonate upon impact[.]; or
    19    (8) He or she possesses any armor piercing ammunition with  intent  to
    20  use the same unlawfully against another[.]; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1192--B                          2
     1    (9)  He  or  she  possesses a firearm, not being the holder of a valid
     2  firearms safety certificate issued pursuant to section  400.15  of  this
     3  chapter.
     4    §  2.  The penal law is amended by adding a new section 400.15 to read
     5  as follows:
     6  § 400.15 Firearms safety certificate.
     7    1. For the purposes of this section:
     8    (a) "Commissioner" means the commissioner of the police department  of
     9  a city having a population of one million or more.
    10    (b)  "Sheriff"  means  the sheriff of the county in which an applicant
    11  resides, except in a city having a population of one million or more.
    12    2. No person shall possess  a  firearm  unless  such  person  holds  a
    13  firearms safety certificate issued pursuant to this section.
    14    3.  Every  person  applying  for  a  firearms safety certificate shall
    15  submit an application to the sheriff or the commissioner if such  person
    16  resides in a city with a population of one million or more.  Such appli-
    17  cation  shall be in such form and content as shall be established by the
    18  sheriff or the commissioner, and shall include:
    19    (a) the applicant's name, address, residence telephone number, gender,
    20  race, height, weight, date of birth, citizenship, thumbprint  and  driv-
    21  er's license or non-driver identification card number;
    22    (b) the applicant's signature; and
    23    (c)  an  oath that all information in the application is true, subject
    24  to the penalties of perjury.
    25    4. The course of instruction for the issuance  of  a  firearms  safety
    26  certificate shall include the successful completion by the applicant of:
    27    (a) not less than five hours of classroom instruction on:
    28    (i) the safe use and handling of firearms;
    29    (ii) the methods for safely storing and securing firearms, and keeping
    30  children safe when such weapons are present; and
    31    (iii)  the  applicable  federal,  state and local laws relating to the
    32  purchase, sale, possession, transportation and storage of firearms;
    33    (b) not less than two hours of live firing instruction at  a  shooting
    34  range  using  the  type of firearm the applicant anticipates purchasing,
    35  possessing or acquiring. Notwithstanding any other provision of  law,  a
    36  person  attending  a course of instruction for the issuance of a firearm
    37  safety certificate may possess a firearm  for  the  limited  purpose  of
    38  fulfilling  the  requirements  of  this paragraph while under the super-
    39  vision of his or her instructor; and
    40    (c) a safe-handling of a firearm demonstration as  attested  to  by  a
    41  duly authorized instructor.
    42    5. Every firearms safety course, for the completion of which an appli-
    43  cant  is granted a firearms safety certificate, shall be approved by the
    44  sheriff or the commissioner and shall be conducted by a duly  authorized
    45  instructor.  The  sheriff  or  the commissioner may, for the purposes of
    46  firearms safety courses  required  by  this  section,  provide  for  the
    47  approval  of firearm safety courses required or provided for pursuant to
    48  any federal or state law.
    49    6. Upon the successful completion of a firearms safety  course  by  an
    50  applicant,  the  duly authorized instructor of such course shall provide
    51  the applicant with a  signed  affidavit  attesting  to  the  applicant's
    52  successful  completion  of  the course. Such affidavit shall include the
    53  name, address and telephone number of the  duly  authorized  instructor;
    54  the  name of the applicant; and the dates and places that the course was
    55  conducted.

        S. 1192--B                          3
     1    7. Upon receipt of the affidavit required by subdivision six  of  this
     2  section,  the  applicant  shall  submit  a copy of such affidavit to the
     3  sheriff or the commissioner and he or she  shall  administer  a  written
     4  examination,  established  by  him  or  her,  demonstrating knowledge of
     5  firearms safety and laws applicable to firearms.
     6    (a)  A firearms safety certificate shall be issued to an applicant who
     7  scores seventy-five percent or higher on such examination.
     8    (b) If an applicant fails such written  examination,  he  or  she  may
     9  retake  such  examination  at  least  twenty-four  hours  after  a prior
    10  attempt. The same version of such written examination shall not be given
    11  to an applicant upon any two consecutive takings thereof.  No  applicant
    12  shall  be  offered  the written examination more than three times. After
    13  the third failure by an applicant, he or she shall be required to  again
    14  successfully  complete  the requirements of subdivisions four and six of
    15  this section.
    16    (c) Applicants may be charged a fee to cover the costs of  administer-
    17  ing the written examination.
    18    8. Upon successful completion of the requirements of subdivision seven
    19  of  this  section by an applicant, the sheriff or the commissioner shall
    20  issue such applicant a  firearms  safety  certificate.  Firearms  safety
    21  certificates  shall  not be transferable. The holder thereof shall store
    22  such certificate in the place where his  or  her  firearms  are  stored,
    23  except that such certificate shall be carried on the person of the hold-
    24  er  if a firearm is possessed outside of the holder's residence or place
    25  of business. Upon request of a police officer, a firearms safety certif-
    26  icate shall be displayed by the holder to such officer.
    27    9. Every firearms safety certificate issued pursuant to  this  section
    28  shall  be  valid  for  a  period  of  two years, and may be renewed upon
    29  completion of the requirements of this section.
    30    10. No person shall sell or transfer possession of a  firearm  to  any
    31  person who does not hold a firearms safety certificate.
    32    11. A firearms safety certificate shall be revoked:
    33    (a) for the violation of any provision of law relating to firearms;
    34    (b) for fraud, misrepresentation or bribery in the application for and
    35  issuance of the firearms safety certificate;
    36    (c) if the holder is disqualified from possessing a firearm; or
    37    (d)  the  occurrence of any circumstance which would have disqualified
    38  the holder from being issued a firearms safety certificate.
    39    12. This section shall not apply to:
    40    (a) police officers as defined in subdivision thirty-four  of  section
    41  1.20  of the criminal procedure law, or retired police officer, who upon
    42  separation from a law enforcement agency  was  immediately  entitled  to
    43  receive  retirement benefits pursuant to the retirement and social secu-
    44  rity law or the administrative code of the city of New York;
    45    (b) peace officers as defined in section 2.10 of the  criminal  proce-
    46  dure law;
    47    (c)  licensed  manufacturers, transporters and sellers of firearms who
    48  possess such weapons for purposes of wholesale or  retail  sales,  while
    49  engaged in the scope of their licensed activities;
    50    (d) nonresidents of the state participating in any lawful recreational
    51  firearms  related  activity, and while in the course of traveling to and
    52  from such recreation activity; or
    53    (e) any person who temporarily possesses a firearm in the residence or
    54  place of business of the holder of a firearms  safety  certificate,  and
    55  such  possession  occurs  in  the  course of using deadly physical force
    56  authorized by article thirty-five of this chapter.

        S. 1192--B                          4

     1    § 3. This act shall take effect on the first of January next  succeed-
     2  ing  the  date  on  which it shall have become a law; provided, however,
     3  that the provisions of subdivision 9 of section 265.01 of the penal law,
     4  as added by section one of this act, and subdivision 2 of section 400.15
     5  of  the  penal law, as added by section two of this act, shall not apply
     6  to any person who possesses a firearm on the effective date of this act,
     7  until such person recertifies his or her license pursuant to subdivision
     8  10 of section 400.00 of the penal law.
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