Bill S2290-2013

Authorizes retired police officers to apply for a firearms license that is valid throughout the state

Authorizes retired police officers to apply for a firearms license that is valid throughout the state.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 15, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2290                REVISED 2/22/13

TITLE OF BILL: An act to amend the penal law, in relation to licenses to carry and possess firearms for retired police officers

PURPOSE: This legislation will allow police officers who retired in good standing from their agency or department and provide proof thereof, that it be a presumptive qualification for issuance of a carry and possess firearms license.

SUMMARY OF PROVISIONS:

Section One-amends Section 400.00 subdivision 4-a of the penal law, to grant retired police officers an accelerated process by which they may qualify to receive their firearms license issued under section 400.00. Applications providing proof of retirement in good standing from the retired police officer's agency or department shall be presumptive qualification for the authority to carry and possess firearms within every county and city of the State of New York.

Section One- Also defines a "retired police officer" as a former police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law who was immediately entitled to receive retirement benefits under provisions of the retirement and social security law or the administrative code of the city of New York.

Section Two- stipulates this act shall take effect immediately.

JUSTIFICATION: Under current law, retired New York State Troopers have the authorization to carry and possess firearms. This legislation would allow retired police officers to have the same privileges and also expand the privilege to cover other counties and cities.

Our police officers protect our families and serve their communities for decades. Their ability to responsibly own and carry weapons should not be taken away when they retire from the line of duty.

LEGISLATIVE HISTORY: S. 5264-A 2011-12

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2290 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
Introduced by Sen. BALL -- 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 and possess firearms for retired police officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4-a of section 400.00 of the penal law, as added by chapter 233 of the laws of 1980, is amended to read as follows: 4-a. Processing of license applications. (A) Applications for licenses shall be accepted for processing by the licensing officer at the time of presentment. Except upon written notice to the applicant specifically stating the reasons for any delay, in each case the licensing officer shall act upon any application for a license pursuant to this section within six months of the date of presentment of such an application to the appropriate authority. Such delay may only be for good cause and with respect to the applicant. In acting upon an application, the licensing officer shall either deny the application for reasons specif- ically and concisely stated in writing or grant the application and issue the license applied for. A RETIRED POLICE OFFICER WHO SUBMITS AN APPLICATION CONTAINING A CERTIFICATION OR ATTESTATION FROM THE LAW ENFORCEMENT AGENCY OR DEPARTMENT FROM WHICH HE OR SHE RETIRED IN GOOD STANDING, SHALL BE PRESUMPTIVE EVIDENCE AS TO THE FITNESS AND QUALIFICA- TION TO CARRY AND POSSESS FIREARMS. THE LICENSING AUTHORITY WITH JURIS- DICTION IN THE COUNTY OR CITY HAVING A POPULATION OF LESS THAN ONE MILLION, SHALL ISSUE A LICENSE TO CARRY AND POSSESS A PISTOL OR REVOLVER PURSUANT TO THIS SECTION WITHIN SIXTY DAYS OF A RETIRED POLICE OFFICER APPLICANT'S SUBMISSION AND SUCH LICENSE SHALL AUTHORIZE THE LICENSEE TO CARRY AND POSSESS FIREARMS IN EVERY COUNTY AND CITY IN THIS STATE. (B) FOR THE PURPOSES OF THIS SECTION, "RETIRED POLICE OFFICER" SHALL MEAN A FORMER POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO UPON SEPARATION FROM A
LAW ENFORCEMENT AGENCY OR DEPARTMENT WAS IMMEDIATELY ENTITLED TO RECEIVE RETIREMENT BENEFITS UNDER THE PROVISIONS OF THE RETIREMENT AND SOCIAL SECURITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. S 2. This act shall take effect immediately.

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