Assembly Bill A198

2015-2016 Legislative Session

Creates a firearm proficiency requirement examination for the licensing of persons to carry or possess a firearm

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A198 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L; add §92-o, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2407
2011-2012: A761
2013-2014: A103
2017-2018: A2175
2019-2020: A2517

2015-A198 (ACTIVE) - Summary

Prohibits persons from having or possessing a firearm, including, but not limited to, a pistol, revolver, and a "sawed-off" shotgun or rifle unless he has successfully completed a firearm proficiency examination, the standards for which are to be prepared by the commissioner of the division of criminal justice services and the superintendent of the division of the state police; exempts police officers and retired police officers.

2015-A198 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   198

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law and the state finance law, in relation  to
  an examination for firearm proficiency

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

  Section 1.  Section 400.00 of the penal law is amended by adding a new
subdivision 14-a to read as follows:
  14-A. (A) NO PERSON SHALL HAVE OR POSSESS  A  FIREARM  AS  DEFINED  IN
SUBDIVISION  THREE  OF  SECTION  265.00 OF THIS CHAPTER UNLESS HE OR SHE
SHALL HAVE SUCCESSFULLY COMPLETED AN EXAMINATION AND MET THE APPROPRIATE
STANDARDS AS ESTABLISHED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES HEREINAFTER REFERRED TO  AS  THE  COMMISSIONER  IN  THE
EXECUTIVE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  THE COMMISSIONER SHALL, IN COOPERATION WITH THE SUPERINTENDENT OF
THE DIVISION OF  THE  STATE  POLICE,  ESTABLISH  MINIMUM  STANDARDS  FOR
FIREARM PROFICIENCY AND DEVELOP AN EXAMINATION TO MEASURE FIREARM PROFI-
CIENCY.
  (C)  THE  COMMISSIONER SHALL IN COOPERATION WITH THE SUPERINTENDENT OF
THE DIVISION OF STATE POLICE PROVIDE THE STANDARDS AND  EXAMINATIONS  ON
REQUEST  TO  ANY  QUALIFIED  FIREARM  INSTRUCTOR AND ALL LAW ENFORCEMENT
AGENCIES WITHIN THE STATE. THE PROFICIENCY EXAMINATION MAY BE  CONDUCTED
BY  ANY QUALIFIED FIREARM INSTRUCTOR APPROVED BY THE COMMISSIONER OR LAW
ENFORCEMENT AGENCY AND SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) A WRITTEN SECTION ON THE LAWS RELATING TO FIREARMS;
  (II) A PHYSICAL DEMONSTRATION OF PROFICIENCY IN THE  USE  OF  FIREARMS
AND IN FIREARMS SAFETY PROCEDURES;
  (III)  A  LEVEL OF KNOWLEDGE CONCERNING A LICENSEE'S DUTIES, RESPONSI-
BILITIES AND LIABILITIES PURSUANT TO THIS CHAPTER AND CIVIL STATUTES  OF
THE STATE OF NEW YORK AND OF THE UNITED STATES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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