S T A T E   O F   N E W   Y O R K
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                                  3242

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, PEOPLES-STOKES, JAFFEE, CAMARA, ROBIN-
  SON, BROOK-KRASNY, AUBRY, LAVINE -- Multi-Sponsored by  --  M.  of  A.
  GANTT, GLICK, GOTTFRIED, HOOPER, LIFTON, McDONOUGH, WEISENBERG, WRIGHT
  -- read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to the issuance of a license
  to carry a firearm

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  400.00  of the penal law, as
amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section  except  by  the licensing officer, and then only after investi-
gation and finding that all statements in a  proper  application  for  a
license  are  true.  No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however,  that
where  such  applicant  has  been  honorably  discharged from the United
States army, navy, marine corps,  air  force  or  coast  guard,  or  the
national  guard  of the state of New York, no such age restriction shall
apply; (b) of good moral character;  (c)  who  has  not  been  convicted
anywhere  of  a felony or a serious offense; (d) who has [stated whether
he or she has] NOT HAD A GUARDIAN APPOINTED FOR  THEM  PURSUANT  TO  ANY
PROVISION  OF  LAW,  BASED ON A DETERMINATION THAT AS A RESULT OF MARKED
SUBNORMAL  INTELLIGENCE,  MENTAL  ILLNESS,  INCAPACITY,   CONDITION   OR
DISEASE, HE OR SHE LACKS THE MENTAL CAPACITY TO CONTRACT OR MANAGE THEIR
OWN  AFFAIRS OR ever suffered any mental illness or been confined to any
hospital or institution, public or private, for mental illness; (e)  who
has  not had a license revoked or who is not under a suspension or inel-
igibility order issued pursuant to the provisions of section  530.14  of
the  criminal  procedure law or section eight hundred forty-two-a of the
family court act; (f) [in the county of Westchester,] who  has  success-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02194-01-3
              

A. 3242                             2

fully  completed  a  firearms  safety  course and test as evidenced by a
certificate of completion issued in his or her  name  and  endorsed  and
affirmed under the penalties of perjury by a duly authorized instructor,
APPROVED  BY THE SUPERINTENDENT OF STATE POLICE except that: (i) persons
who are honorably discharged from the United States army,  navy,  marine
corps,  AIR  FORCE or coast guard, or of the national guard of the state
of New York, and produce evidence of official qualification in  firearms
during  the  term  of  service  are not required to have completed those
hours of a firearms safety course pertaining to the safe use,  carrying,
possession,  maintenance  and storage of a firearm; and (ii) persons who
were licensed to possess a pistol or revolver  prior  to  the  effective
date  of  this  paragraph  are not required to have completed a firearms
safety course and test; and (g) concerning whom no good cause exists for
the denial of the license. No person shall engage  in  the  business  of
gunsmith or dealer in firearms unless licensed pursuant to this section.
An  applicant  to engage in such business shall also be a citizen of the
United States, more than twenty-one years of age and maintain a place of
business in the city or county where the license  is  issued.  For  such
business, if the applicant is a firm or partnership, each member thereof
shall  comply with all of the requirements set forth in this subdivision
and if the applicant is a corporation, each  officer  thereof  shall  so
comply.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.