Creates a process for the issuance of a temporary permit to carry or possess a firearm for persons who are not residents of the state of New York; provides an affirmative defense to possession of a loaded firearm by certain persons and provides reciprocity for persons licensed in other states.
TITLE OF BILL: An act to amend the penal law, in relation to possession of a pistol or revolver
PURPOSE: To provide reciprocity to non-resident licensed gun owners in New York State and to provide a mechanism to allow tourists and visitors to this state and to bring their legal guns with them as they travel in, or through, New York State and to protect unwary visitors from prosecution where such visitors are otherwise law abiding, pose no danger and are simply not aware of our strict possession laws.
SUMMARY OF PROVISIONS: Section One - amends Penal Law º 265.20 by extending the exemption from prosecution for illegal possession of a firearm to include holders of a temporary pistol permit.
Section Two - amends Penal Law º 265.20 by adding a new subdivision "e" which allows a nonresident of New York State, who is duly licensed to carry a concealed firearm in New York State, provided that such person complies with the laws of the home state and is subject to the same conditions and limitations (except as to eligibility to possess or carry) imposed on the New York State residents by federal or New York State law. In addition, such persons must carry a specified, photo ID and not have an intent to use the firearm for an illegal purpose. Should the non-resident become a New York State resident this subdivision would no longer apply.
Section Three - amends Penal Law º 400.00 to authorize the issuance of a temporary pistol permit.
Section Four - amends Penal Law Article 400 by adding a new section 400.02 which outlines the eligibility and the procedure for acquiring a temporary pistol permit. This section provides an avenue for non-residents of New York State, who do not live in a state which issues permits to possess or carry a concealed firearm, to be able to legally carry a firearm which is legal in their home state, in New York State on a temporary basis.
Section Five - amends Penal Law º 265.10 by adding a new subdivision 2-a, which codifies into New York State Law, federal law regarding the ability to legally transport a firearm through New York State under certain circumstances.
Section Six - amends Penal Law º 265.03 to provide for an affirmative defense to the penal law crime of possession of a loaded firearm under the laws of his or her home state, or where a resident of New York State is licensed to possess and carry such firearm in New York State, but only if this is a first offense.
Section Seven - amends Penal Law º 265.01 to provide for an affirmative defense to the penal law crime of possession of a firearm, where a non-resident is authorized to possess and carry such firearm under the laws of his or her home state, or where a resident of New
York State is licensed to possess and carry such firearms in New York State, but only if this is a first offense.
Section Eight - is the effective date.
JUSTIFICATION: This legislation will provide reciprocity and Second Amendment constitutional freedoms for law-abiding gun owners traveling to New York from other states. Under this legislation, non-residents, may possess and carry a concealed firearm in New York State, if they are in possession of a valid permit issued by another state, carry a valid photo identification document and do not have any intent to use their firearm for an illegal purpose.
Second, this legislation would establish a process to allow for temporary licenses to carry or possess a firearm in New York state for residents of other states, which do not require a license or permit to possess or carry a firearm.
Third, this legislation would provide protection to all law-abiding gun owners from other states or licensed New York State residents by creating an affirmative defense to a charge of possession of a firearm, if the person has not previously been charged with possession of a firearm.
Two recent incidents demonstrate the urgent need to change the New York law to protect law abiding gun owners. Meredith Graves is currently facing at least 3 1/2 years on a felony gun possession charge after voluntarily trying to check her gun at the National 911 Memorial. Meredith Graves had a valid and legal permit to carry the gun in Tennessee and showed no intent to commit a crime. Ryan Jerome, a United States Marine, who has a valid Indiana concealed carry permit, is facing the same minimum 3 1/2 year sentence after attempting to check his weapon at the Empire State Building.
This legislation is necessary to protect Second Amendment rights by ensuring that law-abiding gun owners visiting New York are not punished for mistakenly violating state gun possession laws. This legislation will require New York State to honor other states gun permits, allow for temporary licenses for residents of states which do not issue gun permits, and create an affirmative defense to the charge of possession of a firearm for individuals like Meredith Graves and Ryan Jerome who unknowingly violated New York gun laws, while visiting the state.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6784 IN SENATE March 21, 2012 ___________Introduced by Sen. BALL -- 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 possession of a pistol or revolver THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 3 of subdivision a of section 265.20 of the penal law, as amended by chapter 210 of the laws of 1999, is amended to read as follows: 3. Possession of a pistol or revolver by a person to whom a license OR A TEMPORARY LICENSE therefor has been issued as provided under section 400.00
[or], 400.01 OR 400.02 of this chapter; provided, that such a license shall not preclude a conviction for the offense defined in subdivision three of section 265.01 of this article. S 2. Section 265.20 of the penal law is amended by adding a new subdi- vision e to read as follows: E. 1. A NONRESIDENT OF NEW YORK STATE WHO IS NOT PROHIBITED BY FEDERAL LAW FROM POSSESSING A FIREARM MAY POSSESS AND CARRY A CONCEALED FIREARM, AS DEFINED IN SUBDIVISION THREE OF SECTION 265.00 OF THIS ARTICLE, ANYWHERE WITHIN NEW YORK STATE IF SUCH PERSON: (A) IS IN POSSESSION OF A VALID PERMIT TO CARRY A CONCEALED FIREARM ISSUED TO SUCH NONRESIDENT OF NEW YORK STATE PURSUANT TO THE LAWS OF SUCH PERSON'S STATE OF RESIDENCE; AND (B) IS IN COMPLIANCE WITH THE TERMS OF ITS ISSUANCE IN THE STATE OF ITS ISSUE, BUT ONLY TO THE EXTENT THAT THE TERMS OF ISSUANCE COMPLY WITH ANY APPROPRIATE NEW YORK STATE STATUTE; AND (C) IS CARRYING A VALID IDENTIFICATION DOCUMENT CONTAINING A PHOTO- GRAPH OF THE PERSON; AND (D) DOES NOT HAVE ANY INTENT TO USE SUCH FIREARM FOR AN ILLEGAL PURPOSE; AND (E) IS SUBJECT TO THE SAME CONDITIONS AND LIMITATIONS, EXCEPT AS TO ELIGIBILITY TO POSSESS OR CARRY, IMPOSED BY OR UNDER FEDERAL OR STATE LAW OR THE LAW OF A POLITICAL SUBDIVISION OF NEW YORK STATE, THAT APPLY TO THE POSSESSION OR CARRYING OF A CONCEALED FIREARM BY RESIDENTS OF THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13725-03-2 S. 6784 2
STATE OR POLITICAL SUBDIVISION WHO ARE LICENSED BY THE STATE OR POLI- TICAL SUBDIVISION TO DO SO, OR NOT PROHIBITED BY THE STATE FROM DOING SO. 2. IF THE HOLDER OF SUCH A NONRESIDENT PERMIT TO CARRY A CONCEALED FIREARM BECOMES, AT ANY TIME, A LEGAL RESIDENT OF NEW YORK STATE, THE PROVISIONS OF THIS SUBDIVISION SHALL NO LONGER APPLY. 3. AS USED IN THIS SUBDIVISION THE TERM "IDENTIFICATION DOCUMENT" MEANS A DOCUMENT MADE OR ISSUED BY OR UNDER THE AUTHORITY OF THE UNITED STATES GOVERNMENT, A STATE OR A POLITICAL SUBDIVISION OF A STATE WHICH, WHEN COMPLETED WITH INFORMATION CONCERNING A PARTICULAR INDIVIDUAL, IS OF A TYPE INTENDED OR COMMONLY ACCEPTED FOR THE PURPOSE OF IDENTIFICA- TION OF INDIVIDUALS. S 3. Section 400.00 of the penal law is amended by adding a new subdi- vision 2-a to read as follows: 2-A. TEMPORARY LICENSE. A TEMPORARY LICENSE FOR A PISTOL OR REVOLVER, OTHER THAN AN ASSAULT WEAPON OR A DISGUISED GUN SHALL BE ISSUED TO: (A) A HOUSEHOLDER TO HAVE AND POSSESS IN HIS DWELLING WHERE SUCH HOUSEHOLDER IS ELIGIBLE PURSUANT TO SECTION 400.02 OF THIS ARTICLE; OR (B) HAVE AND CARRY, WITHOUT REGARD TO PLACE OF POSSESSION, BY ANY PERSON WHEN A LEGAL PURPOSE EXISTS FOR THE ISSUANCE THEREOF AND WHERE SUCH PERSON IS ELIGIBLE PURSUANT TO SUBDIVISION ONE OF SECTION 400.02 OF THIS ARTICLE. S 4. The penal law is amended by adding a new section 400.02 to read as follows: S 400.02 TEMPORARY LICENSE TO CARRY OR POSSESS FIREARMS. 1. ELIGIBILITY. A PERSON IS ELIGIBLE FOR A TEMPORARY LICENSE TO CARRY OR POSSESS A FIREARM IN NEW YORK STATE WHERE: (A) SUCH PERSON IS DOMICILED IN A STATE OF THE UNITED STATES WHICH DOES NOT REQUIRE A LICENSE OR PERMIT TO POSSESS OR CARRY A FIREARM, AS DEFINED IN SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER, PROVIDED THAT SUCH PERSON SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN PARA- GRAPHS (A) THROUGH (F) OF SUBDIVISION ONE OF SECTION 400.00 OF THIS ARTICLE AND THAT THERE IS NO GOOD CAUSE FOR THE DENIAL OF THE LICENSE; OR (B) SUCH PERSON HAS A PISTOL LICENSE OR PERMIT ISSUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ISSUANCE, WHERE THAT STATE IS A STATE OF THE UNITED STATES WHICH IS A JURISDICTION THAT DOES NOT AUTHORIZE SUCH LICENSE OR REGISTRATION BY A PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF A FELONY; PROVIDED THAT SUCH PERSON SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION ONE OF SECTION 400.00 OF THIS ARTICLE AND WHERE THERE IS NO GOOD CAUSE FOR THE DENIAL OF THE LICENSE; OR (C) SUCH PERSON IS LICENSED IN A STATE OF THE UNITED STATES WHICH IS A JURISDICTION THAT ALLOWS LICENSING BY A PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF A FELONY, PROVIDED THAT SUCH PERSON MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION ONE OF SECTION 400.00 OF THIS ARTICLE AND THERE IS NO GOOD CAUSE FOR THE DENIAL OF THE LICENSE. NOTHING IN THIS SECTION REQUIRES THE GRANTING OF A TEMPORARY PISTOL LICENSE TO ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A FELONY OR OF A CRIME WHICH, IF COMMITTED IN THIS STATE, WOULD BE A FELONY, NOTWITHSTANDING THAT THE JURISDICTION IN WHICH SUCH PERSON IS DOMICILED ALLOWS LICENSING BY SUCH PERSON. 2. APPLICATIONS. (A) APPLICATIONS FOR A TEMPORARY LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER SHALL BE MADE TO THE DIVISION OF STATES. 6784 3
POLICE AND THE LICENSING OFFICER SHALL BE THE SUPERINTENDENT OF STATE POLICE. (B) THE APPLICATION FOR SUCH TEMPORARY LICENSE SHALL BE APPROVED AS TO FORM BY THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE AND SHALL STATE: (I) THE NUMBER OF DAYS FOR WHICH THE TEMPORARY LICENSE WILL BE IN EFFECT, INCLUDING THE EXACT RANGE OF DATES IT WILL BE IN EFFECT, EXCEPT THAT SUCH TIME PERIOD SHALL NOT EXCEED NINETY DAYS. (II) THE FULL NAME, DATE OF BIRTH, ADDRESS OF PERMANENT RESIDENCE, PLACE OF TEMPORARY RESIDENCE WHILE IN NEW YORK STATE, AND PRESENT OCCU- PATION OF THE APPLICANT. (III) WHETHER OR NOT THE APPLICANT IS A CITIZEN OF THE UNITED STATES. (IV) WHETHER OR NOT THE APPLICANT COMPLIES WITH EACH REQUIREMENT FOR ELIGIBILITY SPECIFIED IN SUBDIVISION ONE OF THIS SECTION INCLUDING DOCUMENTATION REGARDING OTHER STATE LICENSES; AND (V) SUCH OTHER FACTS AS MAY BE REQUIRED TO SHOW THE GOOD CHARACTER, COMPETENCY AND INTEGRITY OF EACH APPLICANT. (C) THE BLANK APPLICATION FORM SHALL BE MADE AVAILABLE ON THE NEW YORK STATE DIVISION OF POLICE WEBSITE. (D) THE APPLICATION SHALL BE SIGNED AND VERIFIED BY THE APPLICANT. EACH INDIVIDUAL SIGNING AN APPLICATION SHALL SUBMIT ONE PHOTOGRAPH OF HIMSELF AND A DUPLICATE FOR EACH REQUIRED COPY OF THE APPLICATION. SUCH PHOTOGRAPHS SHALL BE TWO INCHES SQUARE AND SHALL HAVE BEEN TAKEN WITHIN THIRTY DAYS PRIOR TO SUBMITTING THE APPLICATION. (E) THE LICENSING OFFICER SHALL, NO LATER THAN TEN BUSINESS DAYS AFTER SUCH SUBMISSION, CONDUCT AN INVESTIGATION AND ASCERTAIN ANY PREVIOUS CRIMINAL RECORD OF THE APPLICANT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. (F) NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THIS INVESTI- GATION, THE DIVISION OF STATE POLICE LICENSING OFFICER SHALL DETERMINE IF THE APPLICANT HAS BEEN PREVIOUSLY DENIED A LICENSE, BEEN CONVICTED OF A FELONY, OR BEEN CONVICTED OF A SERIOUS OFFENSE, AND EITHER APPROVE OR DISAPPROVE THE APPLICATION FOR A TEMPORARY PISTOL LICENSE BASED UPON SUCH DETERMINATIONS AND SHALL ISSUE THE LICENSE TO THE APPLICANT WITHIN TEN DAYS OF SUCH DETERMINATION. (G) APPLICATIONS SHALL BE PROCESSED IN ACCORDANCE WITH THE REQUIREMENT OF SUBDIVISIONS FOUR-A AND FOUR-B OF SECTION 400.00 OF THIS ARTICLE, EXCEPT THAT WHERE THE APPLICANT'S ELIGIBILITY IS BASED ON PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SUCH APPLICATION MUST BE PROCESSED AND THE INVESTIGATION COMPLETED WITHIN SIXTY DAYS OF SUBMISSION OF THE APPLICATION TO THE LICENSING OFFICER. (H) APPROVED APPLICATIONS SHALL BE MAINTAINED ON FILE BY THE DIVISION OF STATE POLICE AFTER ISSUANCE OF THE LICENSE. 3. INVESTIGATIONS. THE INVESTIGATION REQUIRED FOR ISSUANCE OF A TEMPO- RARY LICENSE TO CARRY OR POSSESS A FIREARM SHALL BE CONDUCTED IN THE SAME MANNER AND UPON THE SAME TERMS AND CONDITIONS AS INVESTIGATIONS REQUIRED FOR LICENSES ISSUED PURSUANT TO SECTION 400.00 OF THIS ARTICLE PROVIDED, HOWEVER, THE RESULTS SHALL BE PROVIDED TO THE SUPERINTENDENT OF STATE POLICE IN HIS OR HER CAPACITY AS LICENSING OFFICER. 4. LICENSE FORM, DURATION AND VALIDITY. (A) ANY LICENSE ISSUED PURSU- ANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH THE FORM SET FORTH IN SUBDIVISION SEVEN OF SECTION 400.00 OF THIS ARTICLE. (B) ANY LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE VALID THROUGHOUT THE STATE EXCEPT WHERE IT WOULD BE LIMITED BY THE PROVISIONS OF SUBDIVISION SIX OF SECTION 400.00 OF THIS ARTICLE.S. 6784 4
(C) IN NO INSTANCE SHALL THE DURATION OF A TEMPORARY LICENSE EXCEED NINETY DAYS. (D) THE TEMPORARY LICENSE SHALL, IN AT LEAST 16 POINT FONT, INDICATE THAT IT IS A TEMPORARY LICENSE AND INDICATE THE EXPIRATION DATE OF SUCH TEMPORARY LICENSE. (E) A TEMPORARY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR SUSPENDED ON THE SAME TERMS AND UNDER THE SAME CIRCUMSTANCES AS SET FORTH IN SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS ARTICLE. 5. FEES. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL FIX A LICENSING FEE TO BE CHARGED FOR A TEMPORARY LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER BASED ON THE EXPENSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION. SUCH FEE MAY BE ADJUSTED BY THE SUPERINTEN- DENT OF THE DIVISION OF STATE POLICE, ON AN ANNUAL BASIS, WHERE NECES- SARY TO ENSURE THAT THE LICENSING FEES ADEQUATELY COVER THE EXPENSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION WITHOUT SIGNIFICANTLY EXCEEDING SUCH COSTS. 6. ANY VIOLATION BY ANY PERSON OF ANY PROVISION OF THIS SECTION IS A CLASS A MISDEMEANOR. 7. APPLICABILITY OF SECTION. THE PROVISIONS OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A FIREARM, SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS SECTION BY A PERSON HOLDING AN OTHERWISE VALID LICENSE UNDER THE PROVISIONS OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO THIS SECTION. S 5. Section 265.10 of the penal law is amended by adding a new subdi- vision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW OR ANY RULE OR REGULATION OF THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION THERE- OF, ANY PERSON WHO IS NOT OTHERWISE PROHIBITED BY FEDERAL LAW FROM TRANSPORTING, SHIPPING, OR RECEIVING A FIREARM SHALL BE ENTITLED TO TRANSPORT A FIREARM FOR ANY LAWFUL PURPOSE THROUGH NEW YORK STATE FROM ANY PLACE WHERE HE MAY LAWFULLY POSSESS AND CARRY SUCH FIREARM TO ANY OTHER PLACE WHERE HE MAY LAWFULLY POSSESS AND CARRY SUCH FIREARM IF, DURING SUCH TRANSPORTATION THE FIREARM IS UNLOADED, AND NEITHER THE FIREARM NOR ANY AMMUNITION BEING TRANSPORTED IS READILY ACCESSIBLE OR IS DIRECTLY ACCESSIBLE FROM THE PASSENGER COMPARTMENT OF SUCH TRANSPORTING VEHICLE; PROVIDED, THAT, IN THE CASE OF A VEHICLE WITHOUT A COMPARTMENT SEPARATE FROM THE DRIVER'S COMPARTMENT THE FIREARM OR AMMUNITION SHALL BE CONTAINED IN A LOCKED CONTAINER OTHER THAN THE GLOVE COMPARTMENT OR CONSOLE. S 6. Subdivision 3 of section 265.03 of the penal law, as amended by chapter 745 of the laws of 2006, is amended to read as follows: (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS SUBDIVISION THAT SUCH PERSON IS A NONRESIDENT OF NEW YORK STATE WHO IS DULY AUTHORIZED TO CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS A RESIDENT OF NEW YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED WITH ANY VIOLATION OF THIS SECTION. S 7. Section 265.01 of the penal law is amended by adding a new undes- ignated paragraph to read as follows: IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE OF POSSESSION OF A FIREARM UNDER SUBDIVISION ONE OF THIS SECTION IF SUCH POSSESSION OF AS. 6784 5
FIREARM IS BY A NONRESIDENT OF NEW YORK STATE WHO IS AUTHORIZED TO CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS A RESIDENT OF NEW YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM IN NEW YORK STATE, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED WITH POSSESSION OF A FIREARM UNDER THIS SECTION. S 8. This act shall take effect on the ninetieth day after it shall have become a law.