Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only.
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/A 5590 of 2009-10 S.2361/A.5117 of 2011-12
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3031 2013-2014 Regular Sessions IN SENATE January 28, 2013 ___________Introduced by Sen. SEWARD -- 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: (i) any single shot, muzzle loading pistol with a matchlock, flintlock,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04313-01-3 S. 3031 2
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.