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BILL NUMBER:S6784

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.

 

Text

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 THE

 EXPLANATION--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 STATE
S. 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  A
S. 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.