Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only.

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S2361-2011 Actions

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

S2361-2011 Meetings

Codes: May 8, 2012, Codes: May 22, 2012

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.