Limits a licensing officer's discretion in imposing additional licensing restrictions on a firearm's licensee not otherwise provided in the penal law.
TITLE OF BILL: An act to amend the penal law, in relation to the administrative provisions relating to the issuance of firearms licenses
PURPOSE: To prohibit a license-issuing officer from imposing unregulated restrictions or conditions on a firearms license or license holder.
SUMMARY OF PROVISIONS: Amends §400.00 of the Penal Law, by adding a new subdivision 2-a that prohibits licensing officers from imposing restrictions on licenses other than those set forth in §400.00.
EXISTING LAW: Present law places few limits on the restrictions that a firearms licensing officer can impose. This bill provides a more defined set of limits.
JUSTIFICATION: The Penal Law provides that a resident of the State of New York may apply for, and when accredited receive, either a license to possess a pistol or revolver at his residence or place of business; or, a second type of license which permits a person to possess and carry a pistol or revolver.
Over 55 license-issuing offices in the State of New York are presently issuing such licenses; but many of these issuing officers are imposing unregulated restrictions, or conditions, or fees on the license and license holder which have not been sanctioned by the New York State Legislature. The total lack of uniformity in these authority-usurping restrictions has created a legalistic nightmare for the citizens of this state.
Present law should clearly state that no authority, beyond that which the Legislature has assigned. should be assumed and abridged. Any procedures for administering state law should be established by the State Legislature.
Enactment of this bill will obviate the necessity for lengthy court tests by law enforcement agencies.
LEGISLATIVE HISTORY: 2007-08: S.1347 - Referred to Codes 2009-10: S.1806 - Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2928 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________Introduced by Sens. JOHNSON, DeFRANCISCO, 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 the administrative provisions relating to the issuance of firearms licenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 400.00 of the penal law is amended by adding a new subdivision 2-a to read as follows: 2-A. RESTRICTIONS. THE LICENSING OFFICER SHALL NOT IMPOSE ANY RESTRICTIONS, LIMITATIONS OR REQUIREMENTS ON LICENSES OR LICENSEES OTHER THAN THOSE RESTRICTIONS, LIMITATIONS OR REQUIREMENTS SET FORTH IN THIS SECTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07070-01-1