Establishes a three-hour safety course, developed by the municipal police training council, which shall be completed by an applicant prior to the issuance of a license to possess a pistol, revolver, rifle or shotgun; provides that a license for a firearm shall not be issued until a certificate of participation in such course is submitted to the licensing agency or officer.
TITLE OF BILL: An act to amend the penal law and the environmental conservation law, in relation to requiring completion of a gun safety course as a condition for a license to possess a pistol, revolver, rifle or shotgun
SUMMARY OF SPECIFIC PROVISIONS: This legislation amends section 3-0301 of the environmental conservation law directing the department to promulgate minimum standards for a three hour weapons safety training course which will be administered by local licensing officers. After the completion of such a course, individuals will be issued a certificate of participation.
Section 400.00 of the penal law is amended by adding a new subdivision 2-a to require the completion of a three hour weapons safety training course certified by the department of environmental conservation to be administered by the local licensing officer.
The instructors for the safety course shall have completed the municipal police training council's firearm instructors training course and be certified, qualified instructors. The council, an agency within the State's Department of Criminal Justice Services, is the appropriate body to train instructors for this safety course as they are charged with the responsibility of designing and approving training criteria for instructors at police training schools.
There will be a fee charged for the firearm safety course which shall be set by the municipality administering the course and be deposited in the county or city treasury to be used to cover the costs of administering the course and to enhance law enforcement efforts.
JUSTIFICATION: One of the most remarkable aspects of buying a weapon is that no experience is necessary. It is inconceivable that before you can obtain a license to drive a car, the State requires a person to complete a five hour safe driving course, but one can purchase a deadly weapon without understanding its inherent dangers and necessary safety precautions for its proper use.
The certificate of participation proves that the applicant or prospective purchaser has received adequate instruction in the safe handling of firearms, rifles and shotguns and ensuring both the State's, as well as the purchaser's interests are met through the safe and responsible use of the weapon.
FISCAL IMPLICATIONS: This act will have unknown, but likely positive, fiscal implications to municipalities administering the course.
LEGISLATIVE HISTORY: 2009-2010: S.3597/A.3076 2007-2008: S.3341-B/A.8253-B
2005-2006: S.2341 2003-2004: S.4426/A.3942
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 520 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. KRUEGER, HUNTLEY, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the environmental conservation law, in relation to requiring completion of a gun safety course as a condition for a license to possess a pistol, revolver, rifle or shotgun 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. SAFETY COURSE REQUIREMENT. (A) ANYWHERE IN NEW YORK STATE WHERE A LICENSE IS REQUIRED TO CARRY OR POSSESS A PISTOL, REVOLVER, RIFLE OR SHOTGUN, COMPLETION OF A THREE HOUR WEAPONS SAFETY TRAINING COURSE, CERTIFIED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND ADMINIS- TERED BY THE LOCAL LICENSING OFFICER, SHALL BE A PREREQUISITE TO THE ISSUANCE OF SUCH LICENSE. OUTSIDE THE CITY OF NEW YORK, NO DEALER IN FIREARMS SHALL SELL A RIFLE OR SHOTGUN, WITHOUT RETAINING FOR THE RECORDS OF SUCH ESTABLISHMENT, A COPY OF THE CERTIFICATE OF PARTIC- IPATION IN A CERTIFIED WEAPONS SAFETY TRAINING COURSE OR A COPY OF A NEW YORK RESIDENT HUNTING LICENSE ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND CURRENTLY VALID FOR HUNTING WITH A RIFLE OR SHOTGUN, OF ANY INDIVIDUAL PURCHASING SUCH A WEAPON. FAILURE OF A DEALER IN FIREARMS TO RETAIN A COPY OF A CERTIFICATE OF PARTICIPATION OR HUNTING LICENSE REQUIRED TO BE RETAINED PURSUANT TO THIS SUBDIVISION, SHALL CONSTITUTE A VIOLATION, PUNISHABLE BY A CIVIL FINE OF TWO HUNDRED DOLLARS. (B) INSTRUCTORS FOR THE COURSE SHALL HAVE COMPLETED THE MUNICIPAL POLICE TRAINING COUNCIL'S FIREARM INSTRUCTOR TRAINING COURSE AND BE CERTIFIED AS QUALIFIED INSTRUCTORS OF SUCH PROGRAMS. (C) THE AMOUNT OF THE FEE FOR TAKING SUCH A COURSE SHALL BE ESTAB- LISHED BY THE MUNICIPALITY ADMINISTERING THE COURSE WHICH SHALL DEPOSITEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03090-01-1 S. 520 2
SUCH FEE IN THE COUNTY TREASURY OR IN THE CITY OF NEW YORK, THE CITY TREASURY, TO BE USED TO COVER THE COSTS OF ADMINISTERING THE COURSE AND TO ENHANCE LAW ENFORCEMENT EFFORTS AND NOT TO SUPPLANT ORDINARY BUDGET COSTS. S 2. Subdivision 2 of section 3-0301 of the environmental conservation law is amended by adding a new paragraph dd to read as follows: DD. PROMULGATE MINIMUM STANDARDS FOR A THREE HOUR WEAPONS SAFETY TRAINING COURSE. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the standards required by section two of this act shall be promulgated on or before the ninetieth day after this act shall have become a law.