Requires convicted felons to apply for a permit to purchase, carry, possess, repair and dispose of rifles and/or shotguns.
TITLE OF BILL: An act to amend the penal law, in relation to purchase and possession of rifles and shotguns by convicted felons
PURPOSE OR GENERAL IDEA OF BILL: To require persons convicted of a felony to apply for a shotgun and or a rifle to a licensing officer in order to purchase, carry, possess, repair or dispose of rifles and or shotguns.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the Penal Law by adding a new section 400.03. Part 1 of new section 400.03 requires a person who is convicted of a felony to apply to a licensing officer in their city or county where they preside in order to purchase, carry, possess, repair or dispose of rifles and or shotguns.
Part 2 of section 400.03 establishes that the application for the license shall be in the same form as prescribed by section 400.00 of the Penal Law.
JUSTIFICATION: This bill is necessary to insure that the application for the registration of shotguns and rifles by convicted felons are reviewed by a qualified licensing officer who can assess if the applicant should be able to purchase, carry, possess, repair or dispose of rifles and or shotguns.
This bill proposes to amend §265.00 (11) and (12) of the Penal Law to define a rifle or shotgun as a "firearm" and requiring persons convicted of a felony to apply for a permit from their applicable law enforcement jurisdiction for the purchase, exchange, possession or use of an operable rifle or shot gun (as defined in §10.00(8)).
Currently, with the exception of New York City, there is no requirement for any person to acquire a permit to purchase, register, license or permit to carry a rifle or a shotgun. This amendment does not seek to infringe upon the constitutional rights guaranteed by Article 2, Section 4 of the New York Civil Rights Law which provides for a "well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms." However, it does seek to limit access to any "firearm" to a convicted felon by requiring the submission of an application for a permit to purchase, exchange, posses or use an operable rifle or shotgun.
The impact of such an enacted law would require the judicial system to make the determination in each case.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect 180 days after it shall become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implantation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 6263 IN SENATE January 18, 2012 ___________Introduced by Sen. ESPAILLAT -- 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 purchase and possession of rifles and shotguns by convicted felons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 400.03 to read as follows: S 400.03 LICENSES TO CARRY, POSSESS, REPAIR AND DISPOSE OF RIFLES AND/OR SHOTGUNS BY CONVICTED FELONS. 1. ANY PERSON CONVICTED OF A FELONY ANYWHERE SHALL APPLY TO THE LICENSING OFFICER IN THE CITY OR COUNTY, AS THE CASE MAY BE, WHERE THE APPLICANT RESIDES, IS PRINCIPALLY EMPLOYED OR HAS HIS OR HER PRINCIPAL PLACE OF BUSINESS AS MERCHANT OR STOREKEEPER, FOR A LICENSE TO PURCHASE, CARRY, POSSESS, REPAIR OR DISPOSE OF RIFLES AND/OR SHOTGUNS. 2. THE APPLICATION FOR THE LICENSE REQUIRED PURSUANT TO THIS SECTION SHALL BE IN THE SAME FORM AND MANNER AS PRESCRIBED BY SECTION 400.00 OF THIS ARTICLE. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13739-01-1