S2928-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Feb 3, 2011: REFERRED TO CODES

S2928-2011 Memo

BILL NUMBER:S2928

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.

S2928-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2928
 2011-2012 Regular Sessions
 I N  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

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