Requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).

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S1863-2011 Actions

• Sep 12, 2012: PRINT NUMBER 1863A
• Sep 12, 2012: AMEND AND RECOMMIT TO CODES
• Jan 4, 2012: REFERRED TO CODES
• Jan 13, 2011: REFERRED TO CODES

S1863-2011 Memo

BILL NUMBER:S1863

TITLE OF BILL:
An act
to amend the penal law, in relation to licenses to carry, possess,
repair and dispose of firearms

PURPOSE OF THE BILL:
This legislation would remove a gun licensing officer's ability to
deny or restrict the issuance of licenses to law abiding citizens who
have successfully undergone the state's strict application process
and appropriate New York State and Federal Bureau of Investigations
fingerprint background check required under law. In addition, this
bill will conform New York State law to current ATF requirements
regarding background checks for firearms transfers.

SUMMARY OF SPECIFIC PROVISIONS:
� 1- Amends paragraph (f) of subdivision 2 and subdivision 4 of
400.00 of the Penal Law.

� 2- Effective date.

JUSTIFICATION:
New York was once one of only a handful of states that issued permits
to carry a concealed handgun. However, in recent years, the vast
majority of states have adopted "shall issue" laws, automatically
granting a license to carry a concealed handgun to any citizen who
applies for one, unless good cause exists for denying a particular
individual such license. New York is now one of only eight states
that issues handgun permits, but requires law-abiding citizens to
prove a need to carry a handgun, thus allowing licensing officers to
deny or restrict licenses to law abiding New Yorkers.

Currently, a person applying for a handgun license in New York must
pick up an application in person, complete the application in
duplicate, find at least three references to give statements as to
the applicant's good character, obtain a copy of their driver's
abstract, pay a $99 fingerprinting fee, undergo both State DCJS and
Federal Bureau of Investigations fingerprint background checks, meet
with a police officer, submit to a character investigation, and allow
a search of the New York State Office of Mental Health records. In
many counties, an applicant is also required to pay for and attend a
handgun safety class, and meet with a judge, prior to the issuance of
a license. If an individual wishes to purchase a handgun, they must
receive permission to do so from
their licensing officer, for each handgun they purchase.

Although not provided for by any provision of law, many licensing
officers throughout the State limit a concealed handgun licensee to
carrying their handgun to and from target ranges, or while hunting.
Requiring licensing officers to issue a handgun permit to any citizen
for whom no good cause exists to deny such a license will also
prevent licensing officers from placing arbitrary restrictions on
individuals' licenses to carry handguns.


The simple fact is that New York's strict law applies only to law
abiding people. Criminals who are willing to commit serious violent
crimes, such as murder, robbery, or drug dealing, are not dissuaded
from illegally purchasing a handgun in order to do so. Law abiding
people who are willing to submit to a criminal and character
baekground check are not likely to commit a crime, and there is no
rational basis for denying them the constitutional right to own and
carry a handgun.

In addition, in 1998, the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) sent an Open Letter to all New York State Federal
Firearms Licensees (FFLS) advising them that New York State
licenses to carry and possess handguns would qualify as an
alternative to the National Instant Criminal Background Check
System (NICS) background check required under the Brady Law. In
2004, the ATF began reviewing the background check requirements of
all States that had permits that qualified as alternatives to
NICS and has since deemed that New York licenses to carry and
possess handguns no longer qualify as a NICS check alternative.

This legislation will require that along with all other requirements
stipulated under law, including other state and federal background
checks, that a NICS background check also be performed
on an individual wishing to obtain a handgun license.

PRIOR LEGISLATIVE HISTORY:
2007-2008: A.6378. Similar to the intent of A.3195/S.282
of 2005-2006

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall
have become a law.

S1863-2011 Text

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

                                    1863

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 13, 2011
                                 ___________

  Introduced by Sen. ESPAILLAT -- 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 licenses to carry,
    possess, repair and dispose of firearms

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


    Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section
  400.00  of  the  penal law, paragraph (f) of subdivision 2 as amended by
  chapter 189 of the laws of 2000 and subdivision 4 as amended by  chapter
  331 of the laws of 2005, are amended to read as follows:

    (f) have and carry concealed, without regard to employment or place of
  possession[,  by  any  person  when proper cause exists for the issuance
  thereof]; and
    4. Investigation. Before a license is issued or renewed,  there  shall
  be an investigation of all statements required in the application by the
  duly  constituted police authorities of the locality where such applica-
  tion is made. For that purpose, the records of the appropriate office of
  the department of mental hygiene concerning previous or  present  mental
  illness of the applicant shall be available for inspection by the inves-
  tigating  officer  of the police authority.  THE POLICE AUTHORITY IN THE
  LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT  A  SEARCH  OF  THE
  NATIONAL  INSTANT  CRIMINAL  BACKGROUND CHECK SYSTEM (NICS). In order to
  ascertain any previous criminal record, the investigating officer  shall
  take  the fingerprints and physical descriptive data in quadruplicate of
  each individual by whom the application  is  signed  and  verified.  Two
  copies of such fingerprints shall be taken on standard fingerprint cards
  eight  inches  square,  and one copy may be taken on a card supplied for
  that purpose by the federal bureau of investigation; provided,  however,
  that in the case of a corporate applicant that has already been issued a
  dealer  in firearms license and seeks to operate a firearm dealership at
  a second or subsequent location, the original fingerprints on  file  may

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06350-01-1

 S. 1863                             2

  be  used  to  ascertain  any criminal record in the second or subsequent
  application unless any of the corporate officers have changed since  the
  prior  application, in which case the new corporate officer shall comply
  with  procedures governing an initial application for such license. When
  completed, one standard card shall be forwarded to and retained  by  the
  division  of  criminal  justice services in the executive department, at
  Albany. A search of the files of such division and written  notification
  of  the results of the search to the investigating officer shall be made
  without unnecessary delay.  Thereafter, such division shall  notify  the
  licensing  officer  and  the  executive  department,  division  of state
  police, Albany, of any criminal record of the  applicant  filed  therein
  subsequent  to  the  search of its files. A second standard card, or the
  one supplied by the federal bureau of investigation, as the case may be,
  shall be forwarded to that bureau at Washington with a request that  the
  files  of  the bureau be searched and notification of the results of the
  search be made to the investigating police  authority.  The  failure  or
  refusal  of  the federal bureau of investigation to make the fingerprint
  check provided for in this section shall not constitute the  sole  basis
  for  refusal  to  issue  a  permit  pursuant  to  the provisions of this
  section. Of the remaining two fingerprint cards, one shall be filed with
  the executive department, division of state police, Albany,  within  ten
  days  after  issuance  of the license, and the other remain on file with
  the  investigating  police  authority.  No  such  fingerprints  may   be
  inspected by any person other than a peace officer, who is acting pursu-
  ant  to  his  special  duties, or a police officer, except on order of a
  judge or justice of a court of record either upon notice to the licensee
  or without notice, as the judge or justice may  deem  appropriate.  Upon
  completion  of  the investigation, the police authority shall report the
  results to the licensing officer without unnecessary delay.
    S 2. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.