Bill S5201-2013

Relates to exemptions pertaining to large capacity ammunition feeding devices for certain police officers, peace officers, licensed private investigators, armed security guards, and armored car guards

Relates to exemptions pertaining to large capacity ammunition feeding devices for certain police officers, peace officers, licensed private investigators, armed security guards, and armored car guards.

Details

Actions

  • Jan 13, 2014: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Jan 8, 2014: REFERRED TO CODES
  • May 14, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S5201

TITLE OF BILL: An act to amend the penal law, in relation to exemptions pertaining to large capacity ammunition feeding devices for certain police officers, peace officers, licensed private investigators, armed security guards, and armored car guards

PURPOSE:

This bill exempts certain police officers, peace officers, licensed private investigators, armed security guards, and armored car guards that are licensed and certified to carry a concealed weapon from certain provisions in the "Safe Act' pertaining to large capacity ammunition feeding devices.

SUMMARY OF PROVISIONS:

Section 1: Subdivision a of section 265.20 of the penal law is amended by adding a new paragraph 11-a to read as follows:

11-a. Possession of a large capacity ammunition feeding devise by an off-duty police officer or peace officer, or a retired police officer or peace officer, as "police officer' is defined in subdivision thirty-four of section 1.20 of the criminal procedure law and "peace officer" is defined in section 2.10 of the criminal procedure law.

17. Possession of a large capacity ammunition feeding device by licensed private investigators registered under article seven of the general business law, armed security guards, licensed pursuant to article seven-A of the general business law or armored car guards licensed pursuant to article eight-C of the general business law who possess a valid pistol license pursuant to section 400.00 of this chapter and have successfully completed the forty-seven hour firearms training course specified in section eighty-nine-n of the general business law while in the performance of their official duties

JUSTIFICATION:

It is important to understand the process a person must adhere to in order to get a carry all permit or license to carry a concealed weapon. An extensive investigation must first take place before any permit can be issued. Knowing this process gives a much better understanding who eventually is allowed to carry a concealed weapon. It is therefore irrelevant whether there are 7 or 10 bullets in a clip.

What is relevant to know is each person is recognized as a rational and reasonable person and duly licensed by the state of New York to own the weapon.

1. A person is fingerprinted and those prints are then sent to the New York State Police to begin the investigation.

2. The person is checked for prior conviction.

3. The person must provide 3 letters of recommendations from people that know the individual.

4. Eventually the application will go before a local court and a Judge will make the final decision.

It is equally important to remember that men and women retire from federal, state, and local law enforcement agencies but then go to work in the private sector. They protect large sums of money, precious stones, and even other people from those that would attempt to steal, rob, or kidnap. These folks are highly trained and carry a variety of weapons and do so in carrying out the job for which they are hired. These people are not your everyday people but instead specialist in protection services. This legislation identifies the important job that he or she does and recognizes the dangers they face along with the skills involved in doing those jobs. When recognizing all this, we must also make available the tools necessary to assure those that are in this line of work be allowed to carry weapons to stop anyone, at anytime, that would threaten them or those they protect.

This legislation addresses the newly enacted gun legislation and changes it so as to exempt from the "New York State Safe Act" duly licensed pistol permit holder companies, and their personnel that provide protection services. The following are to be included in the exemption but not limited to Aiinor Car Services, Personal Protection Services, Carrier Services that transfer precious metal and stones, and Carriers that transport large quantities of stocks or bonds.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 5201 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
Introduced by Sen. LATIMER -- 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 exemptions pertaining to large capacity ammunition feeding devices for certain police officers, peace officers, licensed private investigators, armed security guards, and armored car guards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 265.20 of the penal law is amended by adding a new paragraph 11-a to read as follows: 11-A. POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE BY AN OFF-DUTY POLICE OFFICER OR PEACE OFFICER, OR A RETIRED POLICE OFFICER OR PEACE OFFICER, AS "POLICE OFFICER" IS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW AND "PEACE OFFICER" IS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW. S 2. Subdivision a of section 265.20 of the penal law is amended by adding a new paragraph 17 to read as follows: 17. POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE BY LICENSED PRIVATE INVESTIGATORS REGISTERED UNDER ARTICLE SEVEN OF THE GENERAL BUSINESS LAW, ARMED SECURITY GUARDS LICENSED PURSUANT TO ARTICLE SEVEN-A OF THE GENERAL BUSINESS LAW OR ARMORED CAR GUARDS LICENSED PURSUANT TO ARTICLE EIGHT-C OF THE GENERAL BUSINESS LAW WHO POSSESS A VALID PISTOL LICENSE PURSUANT TO SECTION 400.00 OF THIS CHAPTER AND HAVE SUCCESSFULLY COMPLETED THE FORTY-SEVEN HOUR FIREARMS TRAINING COURSE SPECIFIED IN SECTION EIGHTY-NINE-N OF THE GENERAL BUSINESS LAW WHILE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. S 3. This act shall take effect immediately.

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