S2361-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 19, 2011: REFERRED TO CODES

S2361-2011 Meetings

S2361-2011 Memo

BILL NUMBER:S2361

TITLE OF BILL:
An act
to amend the penal law, in relation to restrictions imposed by
statute regarding the carrying of concealed weapons

PURPOSE:
To clarify and restate uniform requirements
for the licensing
of individuals to carry and possess pistols and handguns across the
state.

SUMMARY OF PROVISIONS:
This bill amends §400.00 of the Penal Law to
make only restrictions imposed by statute applicable to the licensing
of handguns in New York

EXISTING LAW:
Although not specifically authorized by statute, some
licensing officers may impose certain time, place and use
restrictions on pistol and handgun licenses in New York State on a
county by county basis, Such restrictions include "hunting and target
shooting," "valid only during daylight hours," "valid only if
carrying X amount of cash;" and so on. In short, licensing officers
have, without legislative authority, created new classes and versions
of pistol licenses not contemplated by statute. The result is a
"patchwork quilt" effect of licensing throughout the state, with
certain licensing officers imposing additional restrictions not
authorized by law and some imposing none. In an effort to make the
licensing requirements uniform throughout New York, this bill will
prohibit county licensing officers from imposing extra-legal
restrictions except for those authorized in statute.

JUSTIFICATION:
Currently, handgun licensees from different counties
may be subject to assorted sets of rules. Confusion may be created
regarding compliance and enforcement of restrictions imposed by each
county licensing officer. Varying restrictions provide a problem for
law enforcement officers as well. The process as it presently
operates is fundamentally unjust and unfair, and can result in
inadvertent noncompliance and litigation. Since state pistol
licensing is a creature of statute, this bill allows county licensing
officers to apply only those restrictions expressly imposed by the
legislature. The state standard for a handgun license is that without
restrictions imposed on an ad hoc basis.

LEGISLATIVE HISTORY:
S.7910 of 2009-10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2361-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2361
 2011-2012 Regular Sessions
 I N  SENATE
 January 19, 2011
 
 Introduced  by Sens. SEWARD, DeFRANCISCO, LARKIN, O'MARA, RANZENHOFER -
 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 restrictions imposed by
 statute regarding the carrying of concealed weapons
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  2  of  section  400.00  of the penal law, as
 amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
 follows:

 2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
 shall be issued to engage in such business. A license for  a  pistol  or
 revolver,  other  than  an  assault  weapon or a disguised gun, shall be
 issued to (a) have and possess in his dwelling  by  a  householder;  (b)
 have  and possess in his place of business by a merchant or storekeeper;
 (c) have and carry concealed while so employed by a  messenger  employed
 by  a  banking  institution  or  express  company;  (d)  have  and carry
 concealed by a justice of the supreme court in the first or second judi
 cial departments, or by a judge of the New York city civil court or  the
 New  York  city  criminal  court;  (e) have and carry concealed while so
 employed by a regular employee of an institution of the state, or of any
 county, city, town or  village,  under  control  of  a  commissioner  of
 correction  of  the city or any warden, superintendent or head keeper of
 any state prison, penitentiary, workhouse, county jail or other institu
 tion for the detention of persons convicted or accused of crime or  held
 as witnesses in criminal cases, provided that application is made there
 for  by  such  commissioner,  warden, superintendent or head keeper; (f)
 have and carry concealed, without  regard  to  employment  or  place  of
 possession,  by  any  person  when  proper cause exists for the issuance
 thereof, SUBJECT ONLY TO RESTRICTIONS IMPOSED BY STATUTE; and (g)  have,
 possess, collect and carry antique pistols which are defined as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04307-01-1
 
       S. 2361                             2
 (i)  any single shot, muzzle loading pistol with a matchlock, flintlock,
 percussion cap, or similar type of ignition system  manufactured  in  or
 before  l898,  which  is  not designed for using rimfire or conventional
 centerfire  fixed  ammunition;  and  (ii)  any  replica  of  any  pistol
 described in clause (i) hereof if such replica-
 (1) is not designed or redesigned for using  rimfire  or  conventional
 centerfire fixed ammunition, or
 (2)  uses rimfire or conventional centerfire fixed ammunition which is
 no longer manufactured in the United States and  which  is  not  readily
 available in the ordinary channels of commercial trade.
 

S 2. This act shall take effect immediately.

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