Senate Bill S128

2009-2010 Legislative Session

Establishes additional requirements for firearm license: completion of a course in firearm safety, use, maintenance, relevant laws, and first aid

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2009-S128 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1676
2013-2014: S662
2015-2016: S4008

2009-S128 (ACTIVE) - Summary

Establishes additional requirements for firearm license including completion of a course in firearm safety, use, maintenance, relevant laws and first aid and upon approval by district attorney by a showing of extraordinary likelihood of need to defend oneself from imminent danger or death.

2009-S128 (ACTIVE) - Sponsor Memo

2009-S128 (ACTIVE) - Bill Text download pdf

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

                                   128

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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  license  to  carry  and
  possess firearms

  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 1-a to read as follows:
  1-A. QUALIFICATIONS. IN ADDITION TO  THE  REQUIREMENTS  SET  FORTH  IN
SUBDIVISION  ONE  OF THIS SECTION, NO LICENSE SHALL BE ISSUED OR RENEWED
TO A PERSON WHO IS NOT IN THE BUSINESS OF GUNSMITH OR DEALER  EXCEPT  TO
AN APPLICANT:
  (A)  WHO IS EIGHTEEN YEARS OF AGE OR OLDER; (B) WHO HAS SATISFACTORILY
COMPLETED A COURSE, APPROVED BY THE  COMMISSIONER  OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES,  OF  NOT LESS THAN FIFTEEN HOURS IN (I) THE
SAFE AND ACCURATE USE OF A PISTOL OR REVOLVER; (II) THE  PROPER  MAINTE-
NANCE  OF  A PISTOL OR REVOLVER; (III) THE LAWS REGARDING POSSESSION AND
USE OF A PISTOL OR REVOLVER; AND (IV) THE ADMINISTRATION OF FIRST AID TO
PERSONS INJURED BY A PISTOL OR REVOLVER; AND (C) WHO CAN  PROVE  TO  THE
SATISFACTION  OF THE LICENSING OFFICER AND THE SIGNATORY DISTRICT ATTOR-
NEY OR ATTORNEYS THAT THERE IS AN  EXTRAORDINARY  LIKELIHOOD  THAT  SUCH
PERSON  MAY  FIND  HIMSELF OR HERSELF IN A SITUATION WHERE HE OR SHE MAY
HAVE TO USE A PISTOL OR REVOLVER TO PROTECT HIMSELF, HERSELF OR  OTHERS,
FROM IMMINENT DANGER OF DEATH.
  S 2. Section 400.00 of the penal law is amended by adding a new subdi-
vision 5-a to read as follows:
  5-A.  APPROVAL. NO LICENSE FOR A PISTOL OR REVOLVER SHALL BE ISSUED OR
RENEWED PURSUANT TO THIS SECTION BY THE LICENSING OFFICER,  EXCEPT  WITH
THE  WRITTEN  AND SIGNED APPROVAL OF THE DISTRICT ATTORNEY OF THE COUNTY
WHEREIN THE APPLICANT RESIDES  OR,  IN  THE  CASE  WHERE  THE  APPLICANT

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

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