S2290-2013 Actions

• Jan 15, 2013: REFERRED TO CODES

S2290-2013 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.

S2290-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2290
 2013-2014 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00388-01-3
 
       S. 2290                             2
 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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