Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course and while under the supervision of the instructor thereof.

---

S993-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S993-2013 Memo

BILL NUMBER:S993

TITLE OF BILL:
An act
to amend the penal law, in relation to authorizing the possession of a
pistol or revolver while attending a pre-license firearms safety course

PURPOSE:
To allow individuals who have applied for a license to possess a
pistol or revolver and who are enrolled in a certified pre-license
firearms safety course under the supervision, guidance and
instruction from a certified firearms safety course instructor, to
handle a firearm during the course of the class.

SUMMARY OF PROVISIONS:

Section 1- adds a new paragraph 7-f to subdivision a of section 265.20
of the penal law to read as follows: possession of a pistol or
revolver by a person who has applied for a license to possess a
pistol or revolver and pre-license possession of same pursuant to
section 400.00 of this chapter, who has not been previously denied a
license, been previously convicted of a felony or serious offense,
and who does not appear to be, or pose a threat to be a danger to
himself, herself or to others, and who has been approved for
possession in accordance with section 400.0 of this chapter; provided
that such possession shall be of a pistol or revolver duly licensed
to and shall be possessed under the supervision, guidance and
instruction of a certified firearms safety course instructor, and
provided further that such possession occurs during the course of a
certified pre-license firearms safety course in which such person is
enrolled.

Section 2- Amends paragraph (b) of subdivision 3 of section 400.00 of
the penal law, as added by chapter 778 of the laws of 1985 to
reference the new paragraph 7-f contained in section 1 of this act.

Section 3- Contains the effective date.

EXISTING LAW:

Section 265.20 of the penal law does not permit any individual
applying for a pistol or revolver permit to handle such firearm prior
to obtaining a license.

JUSTIFICATION:
The current law does not allow for what the safety course was
originally planned for allowing the certified instructor to watch how
the applicants handles and acts when holding a handgun. How can a
certified firearm safety course instructor accurately judge if
someone who has applied for a permit will safely handle a handgun. It
illegal for the applicant to handle a handgun in the presence of that
instructor. Permitting an individual to handle a handgun during the
safety course will give the instructor additional criteria in judging
whether that
person is prepared for the responsibility of owning a handgun.


LEGISLATIVE HISTORY:
2008: S. 6923 Codes
2009-10: S.282 Codes
2011-12: S. 135 Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

S993-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     993

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  LITTLE -- 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 authorizing the possession
    of a pistol or revolver while attending a pre-license firearms  safety
    course

    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 7-f to read as follows:

    7-F. POSSESSION OF A PISTOL OR REVOLVER BY A PERSON  WHO  HAS  APPLIED
  FOR A LICENSE TO POSSESS A PISTOL OR REVOLVER AND PRE-LICENSE POSSESSION
  OF  SAME  PURSUANT  TO  SECTION 400.00 OF THIS CHAPTER, WHO HAS NOT BEEN
  PREVIOUSLY DENIED A LICENSE, BEEN PREVIOUSLY CONVICTED OF  A  FELONY  OR
  SERIOUS  OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A THREAT TO BE,
  A DANGER TO HIMSELF, HERSELF OR TO OTHERS, AND WHO HAS BEEN APPROVED FOR
  POSSESSION IN ACCORDANCE WITH SECTION 400.00 OF THIS  CHAPTER;  PROVIDED
  THAT  SUCH  POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY LICENSED TO
  AND SHALL BE POSSESSED UNDER THE SUPERVISION, GUIDANCE  AND  INSTRUCTION
  OF  A  CERTIFIED FIREARMS SAFETY COURSE INSTRUCTOR, AND PROVIDED FURTHER
  THAT SUCH POSSESSION OCCURS DURING THE COURSE OF A CERTIFIED PRE-LICENSE
  FIREARMS SAFETY COURSE IN WHICH SUCH PERSON IS ENROLLED.
    S 2. Paragraph (b) of subdivision 3 of section  400.00  of  the  penal
  law,  as added by chapter 778 of the laws of 1985, is amended to read as
  follows:

    (b) Application for an exemption under paragraph seven-b OR SEVEN-F of
  subdivision a of section 265.20 of this chapter. Each applicant desiring
  to obtain the exemption set forth in paragraph  seven-b  OR  SEVEN-F  of
  subdivision  a of section 265.20 of this chapter shall make such request
  in writing of the licensing officer with whom his OR HER application for
  a license is filed, at the time of filing such application. Such request

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01146-01-3

 S. 993                              2

  shall include a signed and verified statement by the  person  authorized
  to instruct and supervise the applicant, that has met with the applicant
  and  that  he  OR  SHE has determined that, in his OR HER judgment, said
  applicant  does  not  appear  to be or poses a threat to be, a danger to
  himself, HERSELF or to others. He OR SHE shall include a copy of his  OR
  HER certificate as an instructor in small arms, if he OR SHE is required
  to  be certified, and state his OR HER address and telephone number.  He
  OR SHE shall specify the exact location by name, address  and  telephone
  number  where  such  instruction will take place. Such licensing officer
  shall, no later than ten business days after such  filing,  request  the
  duly  constituted police authorities of the locality where such applica-
  tion is made to investigate and ascertain any previous  criminal  record
  of  the  applicant  pursuant  to subdivision four of this section.  Upon
  completion of this investigation, the police authority shall report  the
  results  to the licensing officer without unnecessary delay. The licens-
  ing officer shall no later than ten business days after the  receipt  of
  such  investigation,  determine  if  the  applicant  has been previously
  denied a license, been convicted of a felony, or  been  convicted  of  a
  serious  offense,  and  either  approve  or disapprove the applicant for
  exemption purposes based upon such determinations. If the  applicant  is
  approved  for  the  exemption,  the  licensing  officer shall notify the
  appropriate duly constituted police authorities and the applicant.  Such
  exemption  shall terminate if the application for the license is denied,
  or at any earlier time  based  upon  any  information  obtained  by  the
  licensing  officer  or  the  appropriate  police authorities which would
  cause the license to be denied. The  applicant  and  appropriate  police
  authorities shall be notified of any such terminations.
    S  3.  This  act shall take effect on the ninetieth day after it shall
  have become a law.