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S07066 Summary:

Amd §400.00, Pen L
Requires the submission of proof of personal liability insurance prior to the issuance or renewal of a license to carry a firearm.
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S07066 Actions:

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S07066 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                      May 26, 2021
        Introduced  by Sen. BRISPORT -- 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 requiring proof of liabil-
          ity insurance prior to the issuance of a license to carry a firearm
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Subdivision  1  of  section 400.00 of the penal law, as
     2  amended by chapter 1 of the laws of 2013 and paragraph (c) as amended by
     3  chapter 60 of the laws of 2018, is amended to read as follows:
     4    1. Eligibility. No license shall be issued or renewed pursuant to this
     5  section except by the licensing officer, and then  only  after  investi-
     6  gation  and  finding  that  all statements in a proper application for a
     7  license are true. No license shall be issued or renewed  except  for  an
     8  applicant  (a) twenty-one years of age or older, provided, however, that
     9  where such applicant has  been  honorably  discharged  from  the  United
    10  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    11  national guard of the state of New York, no such age  restriction  shall
    12  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    13  anywhere of a felony or a serious offense or who is not the  subject  of
    14  an outstanding warrant of arrest issued upon the alleged commission of a
    15  felony  or  serious offense; (d) who is not a fugitive from justice; (e)
    16  who is not an unlawful user of or addicted to any  controlled  substance
    17  as  defined  in section 21 U.S.C. 802; (f) who being an alien (i) is not
    18  illegally or unlawfully in the United States or (ii) has not been admit-
    19  ted to the United States under a nonimmigrant visa subject to the excep-
    20  tion in 18 U.S.C. 922(y)(2); (g) who has not been  discharged  from  the
    21  Armed Forces under dishonorable conditions; (h) who, having been a citi-
    22  zen  of the United States, has not renounced his or her citizenship; (i)
    23  who has stated whether he or she has ever suffered any  mental  illness;
    24  (j)  who  has  not  been involuntarily committed to a facility under the
    25  jurisdiction of an office of the department of mental  hygiene  pursuant
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7066                             2
     1  to  article  nine  or  fifteen  of the mental hygiene law, article seven
     2  hundred thirty or section 330.20 of the criminal procedure law,  section
     3  four  hundred  two  or five hundred eight of the correction law, section
     4  322.2 or 353.4 of the family court act, or has not been civilly confined
     5  in  a  secure  treatment  facility pursuant to article ten of the mental
     6  hygiene law; (k) who has not had a license revoked or who is not under a
     7  suspension or ineligibility order issued pursuant to the  provisions  of
     8  section  530.14  of  the criminal procedure law or section eight hundred
     9  forty-two-a of the family court act; (l) in the county  of  Westchester,
    10  who  has  successfully  completed  a  firearms safety course and test as
    11  evidenced by a certificate of completion issued in his or her  name  and
    12  endorsed  and  affirmed under the penalties of perjury by a duly author-
    13  ized instructor, except that: (i) persons who are  honorably  discharged
    14  from  the  United  States army, navy, marine corps or coast guard, or of
    15  the national guard of the state of New York,  and  produce  evidence  of
    16  official  qualification  in  firearms during the term of service are not
    17  required to have completed those  hours  of  a  firearms  safety  course
    18  pertaining  to the safe use, carrying, possession, maintenance and stor-
    19  age of a firearm; and (ii) persons who were licensed to possess a pistol
    20  or revolver prior to the  effective  date  of  this  paragraph  are  not
    21  required  to  have  completed a firearms safety course and test; (m) who
    22  has not had a  guardian  appointed  for  him  or  her  pursuant  to  any
    23  provision  of  state  law,  based on a determination that as a result of
    24  marked subnormal intelligence, mental illness, incapacity, condition  or
    25  disease,  he  or she lacks the mental capacity to contract or manage his
    26  or her own affairs; [and] (n) who submits proof  of  personal  liability
    27  insurance;  and  (o) concerning whom no good cause exists for the denial
    28  of the license. No person shall engage in the business  of  gunsmith  or
    29  dealer  in  firearms unless licensed pursuant to this section. An appli-
    30  cant to engage in such business shall also be a citizen  of  the  United
    31  States,  more than twenty-one years of age and maintain a place of busi-
    32  ness in the city or county where the license is issued. For  such  busi-
    33  ness,  if  the  applicant  is a firm or partnership, each member thereof
    34  shall comply with all of the requirements set forth in this  subdivision
    35  and  if  the  applicant  is a corporation, each officer thereof shall so
    36  comply.
    37    § 2. This act shall take effect on the first of November next succeed-
    38  ing the date on which it shall have become a  law  and  shall  apply  to
    39  licenses issued or renewed on or after such date.
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