A5119-2011 Actions

• Jan 4, 2012: referred to codes
• May 24, 2011: held for consideration in codes
• Feb 11, 2011: referred to codes

A5119-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5119
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 11, 2011
 
 Introduced  by M. of A. OAKS, CALHOUN, HAWLEY, KOLB, PALMESANO, SALADINO
 -- Multi-Sponsored by -- M. of A.  BARCLAY,  BURLING,  CROUCH,  FINCH,
 GIGLIO,  JORDAN,  McDONOUGH,  McLAUGHLIN, J. MILLER, MONTESANO -- read
 once and referred to the Committee on Codes
 

AN ACT to amend the penal law, in relation to  a  license  to  carry  or
 possess a firearm
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 265.00 of the penal law is amended by adding a  new
 subdivision 10-a to read as follows:

 10-A.  "FILING  OFFICER" MEANS THE COUNTY CLERK OF EACH COUNTY, UNLESS
 OTHERWISE SPECIFIED THROUGH RESOLUTION BY THE COUNTY'S LEGISLATIVE BODY.
 

S 2. Subdivisions 9, 10, 13 and 14 of section 400.00 of the penal law,
 subdivision 9 as amended by chapter 172 of the laws of 1973, subdivision
 10 as amended by chapter 447 of the laws of 1997 and subdivision  14  as
 amended  by  chapter  195  of  the  laws of 2005, are amended to read as
 follows:

 9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
 person  licensed  to  carry or possess a pistol or revolver may apply at
 any time to [his licensing] THE FILING  officer  for  amendment  of  his
 license  to  include  one or more such weapons or to cancel weapons held
 under license. [If granted, a] A record of the amendment describing  the
 weapons  involved  shall be filed by the licensing officer in the execu
 tive department, division of state police, Albany. Notification  of  any
 change  of residence shall be made in writing by any licensee within ten
 days after such change occurs, and a record  of  such  change  shall  be
 inscribed  by  such  licensee on the reverse side of his license.  Else
 where than in the city of New York, and in the counties  of  Nassau  and
 Suffolk,  such  notification  shall be made to the executive department,
 division of state police, Albany, and in the city of  New  York  to  the
 police  commissioner  of  that  city, and in the county of Nassau to the
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04278-01-1
 
       A. 5119                             2
 police commissioner of that county, and in the county of Suffolk to  the
 [licensing]  FILING  officer  of that county, who shall, within ten days
 after such notification shall be received by him, give notice in writing
 of such change to the executive department, division of state police, at
 Albany.
 10.  License:  expiration,  certification and renewal. Any license for
 gunsmith or dealer in firearms and, in the city of New York, any license
 to carry or possess a pistol or revolver, issued at any time pursuant to
 this section or prior to the first day of July, nineteen hundred  sixty
 three and not limited to expire on an earlier date fixed in the license,
 shall  expire  not  more than three years after the date of issuance. In
 the counties of Nassau, Suffolk and Westchester, any license to carry or
 possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
 section  or prior to the first day of July, nineteen hundred sixty-three
 and not limited to expire on an earlier date fixed in the license, shall
 expire not more than five years after the date of issuance; however,  in
 the  county of Westchester, any such license shall be certified prior to
 the first day of April, two thousand, in accordance with a  schedule  to
 be contained in regulations promulgated by the commissioner of the divi
 sion  of  criminal  justice  services,  and  every such license shall be
 recertified every five years thereafter. For purposes  of  this  section
 certification  shall mean that the licensee shall provide to the licens
 ing officer the following information  only:    current  name,  date  of
 birth,  current  address, and the make, model, caliber and serial number
 of all firearms  currently  possessed.  Such  certification  information
 shall  be filed by the licensing officer in the same manner as an amend
 ment. Elsewhere than in the city of New York and the counties of Nassau,
 Suffolk and Westchester, any license to carry or  possess  a  pistol  or
 revolver,  issued  at  any time pursuant to this section or prior to the
 first day of July,  nineteen  hundred  sixty-three  and  not  previously
 revoked  or  cancelled,  shall  be  in force and effect until revoked as
 herein provided. Any license not previously cancelled or  revoked  shall
 remain  in full force and effect for thirty days beyond the stated expi
 ration date on such license. Any application to renew a license that has
 not previously expired, been revoked or cancelled shall  thereby  extend
 the  term  of  the  license  until disposition of the application by the
 [licensing] FILING officer. In the case of a  license  for  gunsmith  or
 dealer  in  firearms,  in  counties having a population of less than two
 hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
 submitted  on  original applications and upon renewal thereafter only at
 six year intervals. Upon  satisfactory  proof  that  a  currently  valid
 original  license has been despoiled, lost or otherwise removed from the
 possession of the licensee and upon application containing an additional
 photograph of the licensee, the [licensing] FILING officer shall issue a
 duplicate license.
 13. Expenses. The expense of providing a  [licensing]  FILING  officer
 with  blank applications, licenses and record books for carrying out the
 provisions of this section shall be a charge against the county, and  in
 the city of New York against the city.
 14. Fees. In the city of New York and the county of Nassau, the annual
 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
 for dealers in firearms. In such city, the city council and in the coun
 ty  of  Nassau  the Board of Supervisors shall fix the fee to be charged
 for a license to carry or possess a pistol or revolver and  provide  for
 the  disposition  of  such fees. Elsewhere in the state, the [licensing]
 FILING officer shall collect  and  pay  into  the  county  treasury  the
 
       A. 5119                             3
 following  fees: for each license to carry or possess a pistol or revol
 ver, not less than three dollars nor more than ten  dollars  as  may  be
 determined  by  the  legislative  body of the county; for each amendment
 thereto,  three  dollars, and five dollars in the county of Suffolk; and
 for each license issued  to  a  gunsmith  or  dealer  in  firearms,  ten
 dollars.  The fee for a duplicate license shall be five dollars. The fee
 for processing  a  license  transfer  between  counties  shall  be  five
 dollars. The fee for processing a license or renewal thereof for a qual
 ified retired police officer as defined under subdivision thirty-four of
 section 1.20 of the criminal procedure law, or a qualified retired sher
 iff,  undersheriff, or deputy sheriff of the city of New York as defined
 under subdivision two of section 2.10 of the criminal procedure law,  or
 a qualified retired bridge and tunnel officer, sergeant or lieutenant of
 the  triborough bridge and tunnel authority as defined under subdivision
 twenty of section 2.10 of the criminal procedure  law,  or  a  qualified
 retired uniformed court officer in the unified court system, or a quali
 fied  retired  court  clerk in the unified court system in the first and
 second judicial departments, as defined in paragraphs a and b of  subdi
 vision  twenty-one  of  section  2.10 of the criminal procedure law or a
 retired correction officer as  defined  in  subdivision  twenty-five  of
 section  2.10 of the criminal procedure law shall be waived in all coun
 ties throughout the state.
 

S 3. This act shall take effect immediately.

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