Bill S6220B-2011

Removes the provision that requires certain firearms dealers to renew their licenses every six years

Removes the provision that requires certain firearms dealers to renew their licenses every six years.

Details

Actions

  • Feb 10, 2012: PRINT NUMBER 6220B
  • Feb 10, 2012: AMEND AND RECOMMIT TO CODES
  • Feb 1, 2012: PRINT NUMBER 6220A
  • Feb 1, 2012: AMEND AND RECOMMIT TO CODES
  • Jan 13, 2012: REFERRED TO CODES

Memo

BILL NUMBER:S6220B

TITLE OF BILL: An act to amend the penal law, in relation to firearms dealers

PURPOSE: To remove the requirement, certain gun dealers reapply for a license every six years.

SUMMARY: Section 1 amends Paragraph 10 of Section 400 of the penal law to repeal the requirement gunsmith or dealers in firearms, in counties having a population of less than two hundred thousand inhabitants, submit photographs and fingerprints on renewal applications at six year intervals.

Section 2 provides the enacting clause.

JUSTIFICATION: Every six years in a county with less than two hundred thousand inhabitants, a firearms dealer or gunsmith who has not changed title of ownership, location, or any circumstance under which their original application was accepted, is required to submit photographs and fingerprints along with a new application.

This small business mandate is arbitrary, time consuming, and costly to both the owner and the State.

This bill repeals the requirement gunsmith or dealers in firearms, in counties having a population of less than two hundred thousand inhabitants, submit photographs and fingerprints on renewal applications at six year intervals.

Licensed gunsmith or dealers in firearms will continue to be held accountable by the same standards as counties with more than two hundred thousand inhabitants. By removing this mandate, we offer some relief to licensed gunsmiths and firearms dealers.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: While significant cost savings will be realized by firearms dealers, some cost savings will also be realized by the State as staff time on renewal applications is lessened.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 6220--B A. 8999--B S E N A T E - A S S E M B L Y January 13, 2012 ___________
IN SENATE -- Introduced by Sens. RITCHIE, BONACIC, LARKIN, O'MARA, RANZENHOFER, SEWARD -- read twice and ordered printed, and when print- ed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. GUNTHER, LAVINE, CASTRO, MONTESA- NO, CROUCH, TOBACCO, HAWLEY, CORWIN -- Multi-Sponsored by -- M. of A. BARCLAY, BURLING, CALHOUN, MAGEE, MURRAY -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to firearms dealers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 400.00 of the penal law, as amended by chapter 447 of the laws of 1997, is amended to read as follows: 10. License: expiration, certification and renewal. Any license for gunsmith or dealer in firearms and, in the city of New York, any license to carry or possess a pistol or revolver, issued at any time pursuant to this section or prior to the first day of July, nineteen hundred sixty- three and not limited to expire on an earlier date fixed in the license, shall expire not more than three years after the date of issuance. In the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver, AND IN COUNTIES HAVING A POPULATION OF LESS THAN TWO HUNDRED THOUSAND INHABITANTS, ANY LICENSE FOR GUNSMITH OR DEALER IN FIREARMS, issued at any time pursuant to this section or prior to the first day of July, nineteen hundred sixty-three and not limited to expire on an earlier date fixed in the license, shall expire not more than five years after the date of issuance; however, in the county of Westchester, any such license shall be certified prior to the first day
of April, two thousand, in accordance with a schedule to be contained in regulations promulgated by the commissioner of the division of criminal justice services, and every such license shall be recertified every five years thereafter. For purposes of this section certification shall mean that the licensee shall provide to the licensing officer the following information only: current name, date of birth, current address, and the make, model, caliber and serial number of all firearms currently possessed. Such certification information shall be filed by the licens- ing officer in the same manner as an amendment. Elsewhere than in the city of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver, AND IN COUNTIES HAVING A POPULATION OF LESS THAN TWO HUNDRED THOUSAND INHABITANTS, ANY LICENSE FOR GUNSMITH OR DEALER IN FIREARMS, issued at any time pursuant to this section or prior to the first day of July, nineteen hundred sixty-three and not previously revoked or cancelled, shall be in force and effect until revoked as herein provided. Any license not previously cancelled or revoked shall remain in full force and effect for thirty days beyond the stated expiration date on such license. Any application to renew a license that has not previously expired, been revoked or cancelled shall thereby extend the term of the license until disposition of the application by the licensing officer. [In the case of a license for gunsmith or dealer in firearms, in counties having a population of less than two hundred thousand inhabitants, photographs and fingerprints shall be submitted on original applications and upon renewal thereafter only at six year intervals.] Upon satisfactory proof that a currently valid original license has been despoiled, lost or otherwise removed from the possession of the licensee and upon application containing an additional photograph of the licensee, the licensing officer shall issue a duplicate license. S 2. This act shall take effect immediately.

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