Relates to exempting veterans of the armed forces from hunting and gun licensing fees and to allow veterans of the armed forces to retain combat firearms purchased from the United States.

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A8587-2011 Actions

• Jan 4, 2012: referred to codes
• Sep 21, 2011: referred to codes

A8587-2011 Text

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

                                    8587

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                             September 21, 2011
                                 ___________

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

  AN ACT to amend the penal law and the environmental conservation law, in
    relation to exempting veterans of the armed forces  from  hunting  and
    gun licensing fees and to allow veterans of the armed forces to retain
    combat firearms purchased from the United States

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


    Section 1. Subdivision 14 of section  400.00  of  the  penal  law,  as
  amended  by  chapter  195  of  the  laws  of 2005, is amended to read as
  follows:

    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
  officer  shall  collect  and  pay into the county treasury the following
  fees: for each license to carry or possess a  pistol  or  revolver,  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 PROVIDED, HOWEVER, A VETERAN AS
  DEFINED IN U.S.C. TITLE THIRTY-EIGHT OF SECTION  ONE  HUNDRED  ONE  UPON
  SUBMISSION  OF  VALID  PROOF  OF  SERVICE SHALL BE CHARGED NO FEES FOR A
  DUPLICATE LICENSE.  The fee for processing a  license  transfer  between
  counties  shall  be five dollars PROVIDED, HOWEVER, A VETERAN AS DEFINED
  IN U.S.C TITLE THIRTY-EIGHT OF SECTION ONE HUNDRED ONE  UPON  SUBMISSION
  OF VALID PROOF OF SERVICE SHALL BE CHARGED NO FEES FOR THE PROCESSING OF
  A  LICENSE  TRANSFER BETWEEN COUNTIES.  The fee for processing a license

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13402-01-1

 A. 8587                             2

  or renewal thereof for a qualified retired  police  officer  as  defined
  under  subdivision thirty-four of section 1.20 of the criminal procedure
  law, or a qualified retired sheriff, 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 qualified retired court clerk in the
  unified court system in the first and second  judicial  departments,  as
  defined  in paragraphs a and b of subdivision 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, OR A VETERAN AS DEFINED IN U.S.C. TITLE THIRTY-EIGHT OF SECTION ONE
  HUNDRED  ONE  UPON SUBMISSION OF VALID PROOF OF SERVICE, shall be waived
  in all counties throughout the state.
    S 2. Subdivision 2 of section 11-0715 of the  environmental  conserva-
  tion  law,  as amended by section 3 of part KK of chapter 59 of the laws
  of 2009, is amended to read as follows:

    2. A member of the Shinnecock tribe  or  the  Poospatuck  tribe  or  a
  member  of the six nations, residing on any reservation wholly or partly
  within the state, is entitled  to  receive  free  of  charge  a  fishing
  license,  a  small  and big game license, a sportsman license, a muzzle-
  loading stamp, a trapping license, and a bow hunting stamp;  a  resident
  of the state who is a member of the United States armed forces in active
  service  who  is  not stationed within the state and has not been herein
  longer than thirty days on leave or furlough,  is  entitled  to  receive
  free  of  charge  a fishing license, a small and big game license, and a
  trapping license; a resident of the state who is an active member of the
  organized militia of the state of New York as defined by section one  of
  the  military  law, or the reserve components of the armed forces of the
  United States, and excluding members of the inactive national guard  and
  individual  ready reserve, is entitled to receive free of charge a fish-
  ing license, a small and big game license, and a trapping license; and a
  resident who is blind is entitled to receive a fishing license  free  of
  charge.  For  the purposes of this subdivision a person is blind only if
  either: (a) his or her central visual acuity does not exceed  20/200  in
  the  better  eye with correcting lenses, or (b) his or her visual acuity
  is greater than 20/200 but is accompanied by a limitation of  the  field
  of  vision such that the widest diameter of the visual field subtends an
  angle no greater than 20 degrees.
    A resident in the state for a period of thirty days immediately  prior
  to  the date of application who has attained the age of seventy is enti-
  tled to receive a sportsman license at the cost  of  ten  dollars  as  a
  license fee.
    A  resident in the state for a period of thirty days immediately prior
  to the date of application who has attained the age of seventy is  enti-
  tled  to receive a fishing license, and a trapping license, at a cost of
  five dollars for each license.
    A resident in the state for a period of thirty days immediately  prior
  to  the date of application who has attained the age of seventy is enti-
  tled to receive free of charge a bowhunting stamp and  a  muzzle-loading
  stamp.
    A  RESIDENT IN THE STATE FOR A PERIOD OF THIRTY DAYS IMMEDIATELY PRIOR
  TO THE DATE OF APPLICATION WHO IS A VETERAN AS DEFINED IN U.S.C.   TITLE
  THIRTY-EIGHT  OF  SECTION ONE HUNDRED ONE UPON SUBMISSION OF VALID PROOF

 A. 8587                             3

  OF SERVICE SHALL BE  ENTITLED  TO  RECEIVE  FREE  OF  CHARGE  A  FISHING
  LICENSE,   A  SMALL  AND  BIG  GAME  LICENSE,  A  SPORTSMAN  LICENSE,  A
  MUZZLE-LOADING STAMP, A TRAPPING LICENSE, AND A BOW HUNTING STAMP.
    S  3.  Paragraphs  a  and c of subdivision 3 of section 11-0715 of the
  environmental conservation law, as amended by section 4 of  part  KK  of
  chapter 59 of the laws of 2009, are amended to read as follows:

    a.  In  the  case  of persons who have been residents of the state for
  more than thirty days immediately preceding the date of  application  or
  who are enrolled in a full-time course at a college or university within
  the  state  and  who  are in residence in the state for the school year,
  Indians residing off reservations in the state and members of the United
  States armed forces in active service stationed in this state regardless
  of place of residence at the time of entry into service PROVIDED, HOWEV-
  ER, UPON SUBMISSION OF VALID PROOF OF SERVICE NO VETERAN AS  DEFINED  IN
  U.S.C.  TITLE THIRTY-EIGHT OF SECTION ONE HUNDRED ONE, SHALL BE REQUIRED
  TO PAY ANY FEES FOR THE PROCESSING OF A LICENSE:

          License                                   Fee
          (1) Super-sportsman                       $88.00
          (2) Trapper Super-sportsman               $88.00
          (3) Sportsman                             $47.00
          (4) Small and big game                    $29.00
          (5) Fishing                               $29.00
          (6) Trapping                              $21.00
          (7) Small game                            $26.00
          (8) Junior trapping                       $ 6.00
          (9) Muzzle-loading stamp                  $21.00
          (10) Bowhunting stamp                     $21.00
          (11) Turkey permit                        $10.00
          (12) Seven-day fishing                    $15.00
          (13) Conservation legacy                  $96.00
          (14) One-day fishing                      $ 5.00
    c. In all cases THE FEES IN SUBPARAGRAPHS  ONE  THROUGH  SIX  OF  THIS
  PARAGRAPH  SHALL APPLY PROVIDED, HOWEVER, UPON SUBMISSION OF VALID PROOF
  OF SERVICE NO VETERAN AS DEFINED IN U.S.C. TITLE THIRTY-EIGHT OF SECTION
  ONE HUNDRED ONE, SHALL BE REQUIRED TO PAY SUCH FEES:

          (1) Certificates in lieu of lost license or stamp
              or tag                                          $ 5.00
          (2) Duplicate for lost or destroyed permit, button
              or tag                                          $10.00
          (3) Junior hunting license                          $ 5.00
          (4) Junior archery license                          $ 9.00
          (5) One-day fishing license                         $15.00
          (6) Conservation patron license                     $12.00
    S 4. Subdivision 4 of section 11-0715 of the  environmental  conserva-
  tion  law,  as amended by section 5 of part KK of chapter 59 of the laws
  of 2009, is amended to read as follows:

    4. A [person,] VETERAN AS DEFINED  IN  U.S.C.  TITLE  THIRTY-EIGHT  OF
  SECTION  ONE  HUNDRED  ONE,  WHO IS A resident in the state for at least
  thirty days immediately prior to the date of application, [who has  been
  honorably  discharged  from  service  in  the armed forces of the United
  States and certified as having a forty percent or  greater  service-con-
  nected disability] UPON SUBMISSION OF VALID PROOF OF SERVICE is entitled
  to  receive  all licenses, stamps, tags, buttons, and permits authorized
  by this title for which he or she is eligible[, except  turkey  permits,
  renewable] RENEWED each year [for a five dollar fee] FREE OF CHARGE.

 A. 8587                             4

    S 5. Section 400.00 of the penal law is amended by adding a new subdi-
  vision 18 to read as follows:

    18. FEDERAL FIREARMS LICENSEES. NOTWITHSTANDING ANY OTHER PROVISION OF
  LAW  TO  THE CONTRARY, INDIVIDUALS WHO HAVE SUCCESSFULLY APPLIED FOR AND
  OBTAINED  A  FEDERAL  FIREARMS  LICENSE  SHALL  BE  CONSIDERED  LAWFULLY
  LICENSED TO CARRY A FIREARM WITHIN THE STATE OF NEW YORK.
    S  6.  The penal law is amended by adding a new section 400.02 to read
  as follows;
  S 400.02 LICENSE TO POSSESS  FIREARMS  PREVIOUSLY  USED  IN  COMBAT  FOR
             VETERANS OF THE UNITED STATES ARMED FORCES.
    1.  A  LICENSE  TO CARRY OR POSSESS A FIREARM FOR ANY MILITARY VETERAN
  WHO HAS PURCHASED THEIR COMBAT FIREARM FROM THE UNITED STATES GOVERNMENT
  SHALL BE GRANTED IN THE SAME MANNER AND UPON THE SAME TERMS  AND  CONDI-
  TIONS  AS LICENSES ISSUED UNDER SECTION 400.00 OF THIS ARTICLE PROVIDED,
  HOWEVER, THAT: APPLICATIONS FOR  SUCH  LICENSE  SHALL  BE  MADE  TO  AND
  LICENSED  BY,  THE SUPERINTENDENT OF STATE POLICE; SUCH LICENSE SHALL BE
  ISSUED FREE OF CHARGE TO THE VETERAN; AND THE  FIREARM  NEED  NOT  BE  A
  PISTOL  OR  REVOLVER  AND  NEED  NOT  BE ALTERED OR RETROFITTED FROM ITS
  ORIGINALLY MANUFACTURED CONDITION.
    2. FOR PURPOSES OF THIS SECTION, A "MILITARY  VETERAN"  SHALL  MEAN  A
  FORMER  MEMBER  OF  THE  UNITED STATES ARMED FORCES, WHO UPON SEPARATION
  FROM THE MILITARY WAS HONORABLY DISCHARGED AND WAS ALLOWED  TO  PURCHASE
  THEIR COMBAT WEAPON AT THE END OF THEIR SERVICE.
    3.  THE  PROVISIONS  OF  THIS  SECTION  SHALL ONLY APPLY TO INDIVIDUAL
  LICENSE APPLICATIONS MADE OR RENEWALS WHICH MUST BE MADE ON OR AFTER THE
  EFFECTIVE DATE OF THIS SECTION AND SHALL NOT  APPLY  TO  A  LICENSE  FOR
  GUNSMITH OR DEALER IN FIREARMS.
    S 7. This act shall take effect immediately.