Amd §400.00, add §400.20, Pen L; amd §§11-0701 & 11-0713, En Con L
Relates to establishing additional requirements to purchase a firearm, shotgun or rifle; requires a person to apply for a hunting license prior to the purchase of a shotgun or rifle; establishes additional requirements for all firearms, shotguns and rifles including taking a five hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test and mental health evaluation, providing proof of purchase of firearm and ammunition safe storage depositories and passing a criminal background check.
STATE OF NEW YORK
________________________________________________________________________
1412
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the environmental conservation law, in
relation to establishing additional requirements to purchase a
firearm, shotgun or rifle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 and subdivision 4-b of section 400.00 of the
2 penal law, subdivision 1 as amended by chapter 1 of the laws of 2013,
3 paragraph (c) of subdivision 1 as amended by chapter 60 of the laws of
4 2018, and subdivision 4-b as added by chapter 446 of the laws of 1997,
5 are amended to read as follows:
6 1. Eligibility. No license shall be issued or renewed pursuant to this
7 section except by the licensing officer, and then only after investi-
8 gation and finding that all statements in a proper application for a
9 license are true. No license shall be issued or renewed except for an
10 applicant (a) twenty-one years of age or older, provided, however, that
11 where such applicant has been honorably discharged from the United
12 States army, navy, marine corps, air force or coast guard, or the
13 national guard of the state of New York, no such age restriction shall
14 apply; (b) of good moral character; (c) who has not been convicted
15 anywhere of a felony or a serious offense or who is not the subject of
16 an outstanding warrant of arrest issued upon the alleged commission of a
17 felony or serious offense; (d) who is not a fugitive from justice; (e)
18 who is not an unlawful user of or addicted to any controlled substance
19 as defined in section 21 U.S.C. 802 and has provided notarized proof of
20 a passed drug test by a licensed physician; (f) who being an alien (i)
21 is not illegally or unlawfully in the United States or (ii) has not been
22 admitted to the United States under a nonimmigrant visa subject to the
23 exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from
24 the Armed Forces under dishonorable conditions; (h) who, having been a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05717-01-9
S. 1412 2
1 citizen of the United States, has not renounced his or her citizenship;
2 (i) who has stated whether he or she has ever suffered any mental
3 illness and has provided notarized proof of a passed mental health eval-
4 uation by a licensed physician; (j) who has not been involuntarily
5 committed to a facility under the jurisdiction of an office of the
6 department of mental hygiene pursuant to article nine or fifteen of the
7 mental hygiene law, article seven hundred thirty or section 330.20 of
8 the criminal procedure law, section four hundred two or five hundred
9 eight of the correction law, section 322.2 or 353.4 of the family court
10 act, or has not been civilly confined in a secure treatment facility
11 pursuant to article ten of the mental hygiene law; (k) who has not had a
12 license revoked or who is not under a suspension or ineligibility order
13 issued pursuant to the provisions of section 530.14 of the criminal
14 procedure law or section eight hundred forty-two-a of the family court
15 act; (l) [in the county of Westchester,] who has successfully completed
16 a five hour firearms safety course and test as evidenced by a certif-
17 icate of completion issued in his or her name and endorsed and affirmed
18 under the penalties of perjury by a duly authorized instructor, except
19 that[: (i)] persons who are honorably discharged from the United States
20 army, navy, marine corps or coast guard, or of the national guard of the
21 state of New York, and produce evidence of official qualification in
22 firearms during the term of service are not required to have completed
23 those hours of a firearms safety course pertaining to the safe use,
24 carrying, possession, maintenance and storage of a firearm[; and (ii)
25 persons who were licensed to possess a pistol or revolver prior to the
26 effective date of this paragraph are not required to have completed a
27 firearms safety course and test]; (m) who has not had a guardian
28 appointed for him or her pursuant to any provision of state law, based
29 on a determination that as a result of marked subnormal intelligence,
30 mental illness, incapacity, condition or disease, he or she lacks the
31 mental capacity to contract or or manage his or her own affairs; (n) who
32 has successfully completed live firing instruction and a test with at
33 least ninety percent accuracy at a shooting range using the type of
34 firearm he or she anticipates purchasing, possessing or acquiring; (o)
35 has purchased a safe storage depository for his or her firearms and
36 ammunition as evidenced by a receipt of such purchase; and [(n)] (p)
37 concerning whom no good cause exists for the denial of the license. No
38 person shall engage in the business of gunsmith or dealer in firearms
39 unless licensed pursuant to this section. An applicant to engage in such
40 business shall also be a citizen of the United States, more than twen-
41 ty-one years of age and maintain a place of business in the city or
42 county where the license is issued. For such business, if the applicant
43 is a firm or partnership, each member thereof shall comply with all of
44 the requirements set forth in this subdivision and if the applicant is a
45 corporation, each officer thereof shall so comply. For the purposes of
46 this subdivision, "safe storage depository" shall mean a safe or other
47 secure container which, when locked, is incapable of being opened with-
48 out the key, combination or other unlocking mechanism and is capable of
49 preventing an unauthorized person from obtaining access to and
50 possession of the weapon or ammunition contained therein.
51 4-b. [Westchester county firearms] Firearms safety course certificate.
52 [In the county of Westchester, at] At the time of application, the
53 licensing officer to which the license application is made shall provide
54 a copy of the five hour safety course booklet to each license applicant.
55 Before such license is issued, such licensing officer shall require that
56 the applicant submit a certificate of successful completion of a five
S. 1412 3
1 hour firearms safety course and test issued in his or her name and
2 endorsed and affirmed under the penalties of perjury by a duly author-
3 ized instructor.
4 § 2. The penal law is amended by adding a new section 400.20 to read
5 as follows:
6 § 400.20 Purchase of rifles and shotguns.
7 1. Prior to the purchase of any rifle or shotgun, a person shall apply
8 for a hunting license pursuant to article eleven of the environmental
9 conservation law.
10 2. In addition to the requirements required by article eleven of the
11 environmental conservation law, no hunting license for the purchase of a
12 rifle or shotgun shall be issued except for an applicant: (a) who is not
13 an unlawful user of or addicted to any controlled substance as defined
14 in section 21 U.S.C. 802 and has provided notarized proof of a passed
15 drug test by a licensed physician; (b) who has stated whether he or she
16 has ever suffered any mental illness and has provided notarized proof of
17 a passed mental health evaluation by a licensed physician; (c) who has
18 successfully completed a five hour firearms safety course and test as
19 evidenced by a certificate of completion issued in his or her name and
20 endorsed and affirmed under the penalties of perjury by a duly author-
21 ized instructor, except that persons who are honorably discharged from
22 the United States army, navy, marine corps or coast guard, or of the
23 national guard of the state of New York, and produce evidence of offi-
24 cial qualification in firearms during the term of service are not
25 required to have completed those hours of a firearms safety course
26 pertaining to the safe use, carrying, possession, maintenance and stor-
27 age of firearms, shotguns and rifles; (d) who has successfully completed
28 live firing instruction and a test with at least ninety percent accuracy
29 at a shooting range using the type of rifle or shotgun he or she antic-
30 ipates purchasing, possessing or acquiring; (e) who does not have a
31 criminal record which would otherwise disqualify him or her from
32 purchasing a shotgun or rifle; and (f) has purchased a safe storage
33 depository for his or her rifle or shotgun and ammunition as evidenced
34 by a receipt of such purchase. For the purposes of this section, "safe
35 storage depository" shall mean a safe or other secure container which,
36 when locked, is incapable of being opened without the key, combination
37 or other unlocking mechanism and is capable of preventing an unauthor-
38 ized person from obtaining access to and possession of the weapon or
39 ammunition contained therein.
40 3. Before a license is issued, there shall be an investigation of all
41 statements related to the requirements of this section by the duly
42 constituted police authorities of the locality where such application is
43 made. For that purpose, the records of the appropriate office of the
44 department of mental hygiene concerning previous or present mental
45 illness of the applicant shall be available for inspection by the inves-
46 tigating officer of the police authority. In order to ascertain any
47 previous criminal record, the investigating officer shall take the fing-
48 erprints and physical descriptive data in quadruplicate of each individ-
49 ual by whom the application is made. Two copies of such fingerprints
50 shall be taken on standard fingerprint cards eight inches square, and
51 one copy may be taken on a card supplied for that purpose by the federal
52 bureau of investigation. When completed, one standard card shall be
53 forwarded to and retained by the division of criminal justice services
54 in the executive department, at Albany. A search of the files of such
55 division and written notification of the results of the search to the
56 investigating officer shall be made without unnecessary delay. Thereaft-
S. 1412 4
1 er, such division shall notify the issuing officer and the executive
2 department, division of state police, Albany, of any criminal record of
3 the applicant filed therein subsequent to the search of its files. A
4 second standard card, or the one supplied by the federal bureau of
5 investigation, as the case may be, shall be forwarded to that bureau at
6 Washington with a request that the files of the bureau be searched and
7 notification of the results of the search be made to the investigating
8 police authority. Of the remaining two fingerprint cards, one shall be
9 filed with the executive department, division of state police, Albany,
10 within ten days after issuance of the license, and the other remain on
11 file with the investigating police authority. No such fingerprints may
12 be inspected by any person other than a peace officer, who is acting
13 pursuant to his special duties, or a police officer, except on order of
14 a judge or justice of a court of record either upon notice to the licen-
15 see or without notice, as the judge or justice may deem appropriate.
16 Upon completion of the investigation, the police authority shall report
17 the results to the issuing officer without unnecessary delay.
18 4. In acting upon an application, the issuing officer shall either
19 deny the application for reasons specifically and concisely stated in
20 writing or grant the application and issue the license applied for.
21 § 3. Subdivision 1 of section 11-0701 of the environmental conserva-
22 tion law is amended by adding a new paragraph c to read as follows:
23 c. entitles the holder to purchase a rifle or shotgun provided such
24 holder meets the requirements of section 400.20 of the penal law or any
25 other related provision of law.
26 § 4. Subdivision 3 of section 11-0713 of the environmental conserva-
27 tion law is amended by adding a new paragraph a-1 to read as follows:
28 a-1. The issuing officer shall not issue a hunting license for the
29 purchase of a rifle or shotgun to any person unless the applicant
30 presents proof that he or she meets the requirements of section 400.20
31 of the penal law.
32 § 5. This act shall take effect on the one hundred eightieth day after
33 it shall have become a law. Effective immediately the addition, amend-
34 ment and/or repeal of any rule or regulation necessary for the implemen-
35 tation of this act on its effective date is authorized to be made and
36 completed on or before such effective date.
