S T A T E   O F   N E W   Y O R K
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                                  5788

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  PEOPLES-STOKES, JAFFEE, ROBINSON,
  BROOK-KRASNY, AUBRY, LAVINE -- Multi-Sponsored by -- M. of  A.  GANTT,
  GLICK,  GOTTFRIED,  HOOPER, LIFTON, McDONOUGH, 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 1 of the laws of 2013, 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 is not a fugitive
from justice; (e) who is not an unlawful user  of  or  addicted  to  any
controlled  substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States  under  a  nonimmigrant  visa
subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her
citizenship; (i) who has [stated whether he or she has] NOT HAD A GUARD-
IAN 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05192-01-5
              

A. 5788                             2

CAPACITY  TO  CONTRACT  OR MANAGE THEIR OWN AFFAIRS OR ever suffered any
mental illness; (j) who has not been involuntarily committed to a facil-
ity under the jurisdiction of an office  of  the  department  of  mental
hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
article seven hundred thirty or section 330.20 of the criminal procedure
law, section four hundred two or five hundred eight  of  the  correction
law,  section  322.2  or  353.4 of the family court act, or has not been
civilly confined in a secure treatment facility pursuant to article  ten
of  the mental hygiene law; (k) who has not had a license revoked or who
is not under a suspension or ineligibility 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; (l) [in the county of
Westchester,] who has successfully 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 stor-
age 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; (m) who
has not had a  guardian  appointed  for  him  or  her  pursuant  to  any
provision  of  state  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 his
or her own affairs; and (n) 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.