NY State Senate Bill 2015-S1341

Senate Bill S1341

2015-2016 Legislative Session

Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 12, 2015	referred to codes

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2015-S1341 (ACTIVE) - Details

See Assembly Version of this Bill:: A9777
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.20 & 400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S282
2011-2012: S135
2013-2014: S993
2017-2018: S135, A2299
2019-2020: S2524

2015-S1341 (ACTIVE) - Summary

Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course and while under the supervision of the instructor thereof.

2015-S1341 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1341        REVISED MEMO 01/21/2015

TITLE OF BILL:  An act to amend the penal law, in relation to
authorizing the possession of a pistol or revolver while attending a
pre-license firearms safety course

PURPOSE:

To allow individuals who have applied for a license to possess a
pistol or revolver and who are enrolled in a certified pre-license
firearms safety course under the supervision, guidance and instruction
from a certified firearms safety course instructor, to handle a
firearm during the course of the class.

SUMMARY OF PROVISIONS:

Section 1- adds a new paragraph 7-g to subdivision a of section 265.20
of the penal law to read as follows: possession of a pistol or
revolver by a person who has applied for a license to possess a pistol
or revolver and pre-license possession of same pursuant to section
400.00 of this chapter, who has not been previously denied a license,
been previously convicted of a felony or serious offense, and who does
not appear to be, or pose a threat to be a danger to himself, herself
or to others, and who has been approved for possession in accordance
with section 400.0 of this chapter; provided that such possession
shall be of a pistol or revolver duly licensed to and shall be

possessed under the supervision, guidance and instruction of a
certified firearms safety course instructor, and provided further that
such possession occurs during the course of a certified pre-license
firearms safety course in which such person is enrolled.

Section 2- Amends paragraph (b) of subdivision 3 of section 400.00 of
the penal law, as added by chapter 778 of the laws of 1985 to
reference the new paragraph 7-g contained in section 1 of this act.

Section 3- Contains the effective date.

EXISTING LAW:

Section 265.20 of the penal law does not permit any individual
applying for a pistol or revolver permit to handle such firearm prior
to obtaining a license.

JUSTIFICATION:

The current law does not allow for what the safety course was
originally planned for allowing the certified instructor to watch how
the applicants handles and acts when holding a handgun. How can a
certified firearm safety course instructor accurately judge if someone
who has applied for a permit will safely handle a handgun. It illegal
for the applicant to handle a handgun in the presence of that
instructor.  Permitting an individual to handle a handgun during the
safety course will give the instructor additional criteria in judging
whether that person is prepared for the responsibility of owning a
handgun.

LEGISLATIVE HISTORY:


2008: S.6923 Codes
2009-10: S.282 Codes
2011-12: S.135 Codes
2013: S.993 Codes
2014: S.993A Codes

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

2015-S1341 (ACTIVE) - Bill Text download pdf

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

                                  1341

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- 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 authorizing the possession
  of a pistol or revolver while attending a pre-license firearms  safety
  course

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 7-g to read as follows:
  7-G. POSSESSION OF A PISTOL OR REVOLVER BY A PERSON  WHO  HAS  APPLIED
FOR A LICENSE TO POSSESS A PISTOL OR REVOLVER AND PRE-LICENSE POSSESSION
OF  SAME  PURSUANT  TO  SECTION 400.00 OF THIS CHAPTER, WHO HAS NOT BEEN
PREVIOUSLY DENIED A LICENSE, BEEN PREVIOUSLY CONVICTED OF  A  FELONY  OR
SERIOUS  OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A THREAT TO BE,
A DANGER TO HIMSELF, HERSELF OR TO OTHERS, AND WHO HAS BEEN APPROVED FOR
POSSESSION IN ACCORDANCE WITH SECTION 400.00 OF THIS  CHAPTER;  PROVIDED
THAT  SUCH  POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY LICENSED TO
AND SHALL BE POSSESSED UNDER THE SUPERVISION, GUIDANCE  AND  INSTRUCTION
OF  A  CERTIFIED FIREARMS SAFETY COURSE INSTRUCTOR, AND PROVIDED FURTHER
THAT SUCH POSSESSION OCCURS DURING THE COURSE OF A CERTIFIED PRE-LICENSE
FIREARMS SAFETY COURSE IN WHICH SUCH PERSON IS ENROLLED.
  S 2. Paragraph (b) of subdivision 3 of section  400.00  of  the  penal
law,  as added by chapter 778 of the laws of 1985, is amended to read as
follows:
  (b) Application for an exemption under paragraph seven-b OR SEVEN-G of
subdivision a of section 265.20 of this chapter. Each applicant desiring
to obtain the exemption set forth in paragraph  seven-b  OR  SEVEN-G  of
subdivision  a of section 265.20 of this chapter shall make such request
in writing of the licensing officer with whom his OR HER application for
a license is filed, at the time of filing such application. Such request
shall include a signed and verified statement by the  person  authorized

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06220-01-5

S. 1341                             2

to instruct and supervise the applicant, that has met with the applicant
and  that  he  OR  SHE has determined that, in his OR HER judgment, said
applicant does not appear to be or poses a threat to  be,  a  danger  to
himself,  HERSELF or to others. He OR SHE shall include a copy of his OR
HER certificate as an instructor in small arms, if he OR SHE is required
to be certified, and state his OR HER address and telephone number.   He
OR  SHE  shall specify the exact location by name, address and telephone
number where such instruction will take place.  Such  licensing  officer
shall,  no  later  than ten business days after such filing, request the
duly constituted police authorities of the locality where such  applica-
tion  is  made to investigate and ascertain any previous criminal record
of the applicant pursuant to subdivision four of  this  section.    Upon
completion  of this investigation, the police authority shall report the
results to the licensing officer without unnecessary delay. The  licens-
ing  officer  shall no later than ten business days after the receipt of
such investigation, 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  applicant  for
exemption  purposes  based upon such determinations. If the applicant is
approved for the exemption,  the  licensing  officer  shall  notify  the
appropriate  duly constituted police authorities and the applicant. Such
exemption shall terminate if the application for the license is  denied,
or  at  any  earlier  time  based  upon  any information obtained by the
licensing officer or the  appropriate  police  authorities  which  would
cause  the  license  to  be denied. The applicant and appropriate police
authorities shall be notified of any such terminations.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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