This bill has been amended

Bill S4536-2013

Relates to exempting qualified retired law enforcement officers from certain limitations related to the possession of firearms

Relates to exempting qualified retired law enforcement officers from certain limitations related to the possession of firearms.

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  • Apr 8, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S4536

TITLE OF BILL: An act to amend the penal law, in relation to exempting qualified retired law enforcement officers from certain limitations related to the possession of firearms

PURPOSE: OR GENERAL IDEA OF THE BILL: This bill would create an exemption to allow qualified retired New York and federal law enforcement officers to possess large capacity ammunition feeding devices and assault weapons.

SUMMARY OF PROVISIONS:

Section 1 amends section 265.00 of the Penal Law by adding a new subdivision 25 that defines a qualified retired New York or federal law enforcement officer.

Section 2 amends section 265.20 of the Penal Law by adding a new subdivision e which would allow a qualified retired New York or federal law enforcement officer to possess large capacity ammunition feeding devices issued to or purchased by such officer in the course of his or her official duties, provided he or she has been qualified by their agency on the use of the weapon utilizing such feeding device within 12 months of retirement.

Section 3 amends section 400.00 of the Penal Law by adding a new paragraph a-1 which would allow a qualified retired New York or federal law enforcement officer to possess an assault weapon issued to or purchased by such officer in the course of his or her official duties, provided that he or she has been qualified by their agency on the use of that weapon within 12 months of retirement. It would also require that such weapon be registered within 60 days of retirement.

Section 4 is the effective date.

JUSTIFICATION: Retired law enforcement officers have expressed some concerns about the recently enacted limitations on the possession of large capacity ammunition feeding devices and assault weapons as applied to retired police and peace officers. In response to those concerns, this bill would provide a limited exemption for qualified retired law enforcement officers who have met rigorous requirements and training in order to qualify for possession of such weapons and ammunition devices. Specifically, in order to qualify for the exemption, an officer must have retired in good standing after serving as an officer for at least 10 years at the time of retirement. Furthermore, such retired officers must re-qualify in the use of the weapon which accepts the large capacity ammunition feeding device every three years according to the standards for active duty law enforcement. Assault weapons will need to be registered pursuant to existing law within 60 days of retirement will ensure added accountability.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately be deemed to have been in full force and effect on the same date as chapter 1 of the laws of 2013 took effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 4536 2013-2014 Regular Sessions IN SENATE April 8, 2013 ___________
Introduced by Sen. GOLDEN -- 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 exempting qualified retired law enforcement officers from certain limitations related to the possession of firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 265.00 of the penal law is amended by adding a new subdivision 25 to read as follows: 25. "QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER" MEANS AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER AS POLICE OFFICER IS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A RETIRED PEACE OFFICER AS PEACE OFFICER IS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW OR A RETIRED FEDERAL LAW ENFORCEMENT OFFICER AS FEDERAL LAW ENFORCEMENT OFFICER IS DEFINED IN SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW, WHO: (A) SEPARATED FROM SERVICE IN GOOD STANDING FROM A PUBLIC AGENCY LOCATED IN NEW YORK STATE IN WHICH SUCH PERSON SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR FEDERAL LAW ENFORCEMENT OFFICER; AND (B) BEFORE SUCH SEPARATION, WAS AUTHORIZED BY LAW TO ENGAGE IN OR SUPERVISE THE PREVENTION, DETECTION, INVESTIGATION, OR PROSECUTION OF, OR THE INCARCERATION OF ANY PERSON FOR, ANY VIOLATION OF LAW, AND HAD STATUTORY POWERS OF ARREST, PURSUANT TO THEIR OFFICIAL DUTIES, UNDER THE CRIMINAL PROCEDURE LAW; AND (C) (I) BEFORE SUCH SEPARATION, SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR FEDERAL LAW ENFORCEMENT OFFICER FOR TEN YEARS OR MORE AND AT THE TIME OF SEPARATION, IS SUCH AN OFFICER; OR (II) SEPARATED FROM SERVICE WITH SUCH AGENCY, AFTER COMPLETING ANY APPLICABLE PROBATIONARY PERIOD OF SUCH SERVICE, DUE TO A SERVICE-CONNECTED DISABILITY, AS DETERMINED BY SUCH AGENCY AT OR BEFORE THE TIME OF SEPARATION; AND (D)(I) HAS NOT BEEN FOUND BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY SUCH AGENCY TO BE UNQUALIFIED FOR REASONS RELATING TO MENTAL HEALTH; OR (II) HAS NOT
ENTERED INTO AN AGREEMENT WITH SUCH AGENCY FROM WHICH THE INDIVIDUAL IS SEPARATING FROM SERVICE IN WHICH THAT INDIVIDUAL ACKNOWLEDGES HE OR SHE IS NOT QUALIFIED UNDER THIS SECTION FOR REASONS RELATING TO MENTAL HEALTH; AND (E) IS NOT OTHERWISE PROHIBITED BY NEW YORK OR FEDERAL LAW FROM POSSESSING ANY FIREARM. S 2. Section 265.20 of the penal law is amended by adding a new subdi- vision e to read as follows: E. SUBDIVISION EIGHT OF SECTION 265.02 AND SECTIONS 265.36 AND 265.37 OF THIS CHAPTER SHALL NOT APPLY TO A QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDIVISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE, WITH RESPECT TO LARGE CAPACITY AMMUNI- TION FEEDING DEVICES ISSUED TO SUCH OFFICER OR PURCHASED BY SUCH OFFICER IN THE COURSE OF HIS OR HER OFFICIAL DUTIES AND OWNED BY SUCH OFFICER AT THE TIME OF HIS OR HER RETIREMENT OR COMPARABLE REPLACEMENTS FOR SUCH DEVICES, IF: THE AGENCY THAT EMPLOYED THE OFFICER HAS QUALIFIED SUCH OFFICER IN THE USE OF THE WEAPON WHICH ACCEPTS SUCH DEVICE IN ACCORDANCE WITH APPLICABLE STATE OR FEDERAL STANDARDS FOR ACTIVE DUTY LAW ENFORCE- MENT OFFICERS WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT AND SUCH RETIRED OFFICER MEETS, AT HIS OR HER OWN EXPENSE, SUCH APPLICABLE STANDARDS FOR SUCH WEAPON AT LEAST ONCE WITHIN THREE YEARS AFTER HIS OR HER RETIREMENT DATE AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER. S 3. Subdivision 16-a of section 400.00 of the penal law is amended by adding a new paragraph (a-1) to read as follows: (A-1) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED IN SUBDIVI- SION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI- VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH WEAPON WAS ISSUED TO OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY DAYS OF RETIREMENT. S 4. This act shall take effect immediately; provided, however, that: (a) sections one and two of this act shall be deemed to have been in full force and effect on the same date as chapter 1 of the laws of 2013 took effect; and (b) section three of this act shall take effect on the same date and in the same manner as section 48 of chapter 1 of the laws of 2013 takes effect.

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