S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2096
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to authorizing law enforce-
   ment officers to carry concealed handguns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  2  of  section  400.00  of the penal law, as
 amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
 follows:
   2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
 shall be issued to engage in such business. A license for  a  pistol  or
 revolver,  other  than  an  assault  weapon or a disguised gun, shall be
 issued to (a) have and possess in his dwelling  by  a  householder;  (b)
 have  and possess in his place of business by a merchant or storekeeper;
 (c) have and carry concealed while so employed by a  messenger  employed
 by  a  banking  institution  or  express  company;  (d)  have  and carry
 concealed by a justice of the supreme court in the first or second judi-
 cial departments, or by a judge of the New York city civil court or  the
 New  York  city  criminal  court;  (e) have and carry concealed while so
 employed by a regular employee of an institution of the state, or of any
 county, city, town or  village,  under  control  of  a  commissioner  of
 correction  of  the city or any warden, superintendent or head keeper of
 any state prison, penitentiary, workhouse, county jail or other institu-
 tion for the detention of persons convicted or accused of crime or  held
 as witnesses in criminal cases, provided that application is made there-
 for  by  such  commissioner,  warden, superintendent or head keeper; (f)
 HAVE AND CARRY CONCEALED BY QUALIFIED LAW ENFORCEMENT PERSONNEL OF  THIS
 STATE;  (G)  have  and  carry concealed, without regard to employment or
 place of possession, by any person when  proper  cause  exists  for  the
 issuance thereof; and [(g)] (H) have, possess, collect and carry antique
 pistols  which are defined as follows: (i) any single shot, muzzle load-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03297-01-7

 A. 2096                             2
 
 ing pistol with a matchlock, flintlock, percussion cap, or similar  type
 of ignition system manufactured in or before l898, which is not designed
 for  using rimfire or conventional centerfire fixed ammunition; and (ii)
 any replica of any pistol described in clause (i) [hereof] OF THIS PARA-
 GRAPH if such replica[--]:
   (1)  is  not  designed or redesigned for using rimfire or conventional
 centerfire fixed ammunition, or
   (2) uses rimfire or conventional centerfire fixed ammunition which  is
 no  longer  manufactured  in  the United States and which is not readily
 available in the ordinary channels of commercial trade.
   § 2. Section 400.00 of the penal law is amended by adding a new subdi-
 vision 16-c to read as follows:
   16-C. QUALIFIED LAW ENFORCEMENT PERSONNEL. (A)  FOR  THE  PURPOSES  OF
 PARAGRAPH (F) OF SUBDIVISION TWO OF THIS SECTION, QUALIFIED LAW ENFORCE-
 MENT  PERSONNEL  MEANS  ANY MEMBER OF LAW ENFORCEMENT, WHETHER CURRENTLY
 EMPLOYED IN, PREVIOUSLY EMPLOYED IN, OR RETIRED  FROM  SUCH  EMPLOYMENT,
 WHO  IS OR WAS AUTHORIZED TO CARRY A FIREARM DURING THE COURSE OF HIS OR
 HER EMPLOYMENT, AND WHO HAS A PHOTO IDENTIFICATION CARD  OF  HIMSELF  OR
 HERSELF THAT WAS ISSUED BY HIS OR HER LAW ENFORCEMENT EMPLOYER. IN ADDI-
 TION,  SUCH  PERSON  MUST  NOT  BE,  IN  ANY  OTHER WAY, PROHIBITED FROM
 POSSESSING A FIREARM.
   (B) FOR PURPOSES OF THIS SUBDIVISION, IF  A  LAW  ENFORCEMENT  OFFICER
 RETIRED  FROM  SERVICE  DUE  TO A DISABILITY, THEN IN ORDER TO BE DEEMED
 QUALIFIED LAW ENFORCEMENT PERSONNEL PURSUANT TO PARAGRAPH  (A)  OF  THIS
 SUBDIVISION:
   (I)  SUCH  OFFICER  MUST  HAVE BEEN AN OFFICER FOR AT LEAST FIVE YEARS
 PRIOR TO HIS OR HER RETIREMENT;
   (II) THE BASIS OF SUCH OFFICER'S DISABILITY MUST NOT HAVE BEEN DUE  TO
 THE FACT THAT THE OFFICER WAS DECLARED MENTALLY INCAPACITATED OR MENTAL-
 LY  UNFIT TO PERFORM HIS OR HER JOB DUTIES, OR FOR ANY OTHER REASON THAT
 WOULD LEGALLY PREVENT HIM OR HER FROM POSSESSING A FIREARM; AND
   (III) SUCH OFFICER MUST ANNUALLY  QUALIFY TO POSSESS A FIREARM, AT HIS
 OR HER OWN EXPENSE, AT THE SAME COURSE OF FIRE REQUIRED FOR  ACTIVE  LAW
 ENFORCEMENT OFFICERS.
   (C)  FOR  PURPOSES  OF  THIS SUBDIVISION, IF A LAW ENFORCEMENT OFFICER
 RETIRED FROM SERVICE FOR ANY REASON OTHER THAN  SPECIFIED  IN  PARAGRAPH
 (B)  OF  THIS  SUBDIVISION,  THEN  IN  ORDER  TO BE DEEMED QUALIFIED LAW
 ENFORCEMENT PERSONNEL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION:
   (I) SUCH OFFICER MUST HAVE BEEN AN OFFICER FOR AT LEAST FIFTEEN  YEARS
 PRIOR TO HIS OR HER RETIREMENT; AND
   (II)  SUCH  OFFICER MUST ANNUALLY QUALIFY TO POSSESS A FIREARM, AT HIS
 OR HER OWN EXPENSE, AT THE SAME COURSE OF FIRE REQUIRED FOR  ACTIVE  LAW
 ENFORCEMENT OFFICERS. PRIOR TO TAKING ANY QUALIFICATION EXAMINATION, THE
 RETIRED  LAW ENFORCEMENT OFFICER MUST CERTIFY TO THE QUALIFYING INSTRUC-
 TOR THAT HE OR SHE:
   (1) RETIRED FROM A LAW ENFORCEMENT AGENCY;
   (2) RETIRED FOR REASONS OTHER THAN THOSE LISTED IN  PARAGRAPH  (B)  OF
 THIS SUBDIVISION;
   (3)  WAS IN GOOD STANDING WITH HIS OR HER AGENCY AT THE TIME OF HIS OR
 HER RETIREMENT;
   (4) WAS, PRIOR TO HIS OR HER RETIREMENT, AUTHORIZED BY LAW  TO  ENGAGE
 IN OR SUPERVISE THE PREVENTION, DETECTION, INVESTIGATION, OR PROSECUTION
 OF,  OR  THE  INCARCERATION OF ANY PERSON FOR, ANY VIOLATION OF LAW, AND
 HAD STATUTORY POWER TO EFFECT AND ARREST;
   (5) WAS EMPLOYED AS A LAW ENFORCEMENT OFFICER  FOR  AT  LEAST  FIFTEEN
 YEARS PRIOR TO HIS OR HER RETIREMENT;

 A. 2096                             3
 
   (6)  IS  NOT  PROHIBITED  FROM POSSESSING A FIREARM UNDER ANY STATE OR
 FEDERAL LAW; AND
   (7) CURRENTLY POSSESSES A VALID PERMIT TO CARRY A FIREARM.
   (D)  THERE IS A PRESUMPTION THAT ANY RETIRED LAW ENFORCEMENT PERSONNEL
 IN POSSESSION OF A PHOTO IDENTIFICATION CARD ISSUED BY HIS OR HER FORMER
 EMPLOYER RETIRED IN GOOD STANDING.
   (E)(I) A QUALIFYING INSTRUCTOR SHALL PRESENT A CERTIFICATE  SIGNED  BY
 HIMSELF  OR HERSELF TO ANY RETIRED LAW ENFORCEMENT OFFICER WHO MEETS THE
 QUALIFICATION REQUIREMENTS. SUCH CERTIFICATE SHALL DISPLAY THE  DATE  OF
 ISSUANCE AND SHALL ONLY BE VALID FOR A PERIOD OF ONE YEAR.
   (II)  THE  RETIRED  LAW ENFORCEMENT OFFICER MUST CARRY THE CERTIFICATE
 WITH HIMSELF OR HERSELF ANYTIME HE OR SHE ALSO HAS A FIREARM IN  HIS  OR
 HER POSSESSION. THE CERTIFICATE SHALL BE PRODUCED, ON DEMAND, TO ANY LAW
 ENFORCEMENT OFFICER.
   (F)  ANY RETIRED LAW ENFORCEMENT OFFICER WHO HAS HIS OR HER LICENSE TO
 CARRY A FIREARM REVOKED FOR ANY REASON IS PERMANENTLY DISQUALIFIED  FROM
 POSSESSION OF SUCH A LICENSE WITHIN THE STATE.
   §  3.  Paragraph  (a) of subdivision 11 of section 400.00 of the penal
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (a)  The  conviction  of  a  licensee  anywhere of a felony or serious
 offense or a licensee at  any  time  becoming  ineligible  to  obtain  a
 license under this section shall operate as a revocation of the license.
 A  license may be revoked or suspended as provided for in section 530.14
 of the criminal procedure law or section eight  hundred  forty-two-a  of
 the  family  court  act. Except for a license issued pursuant to section
 400.01 of this article, a license may be revoked and  cancelled  at  any
 time in the city of New York, and in the counties of Nassau and Suffolk,
 by  the licensing officer, and elsewhere than in the city of New York by
 any judge or justice of a court of record; a license issued pursuant  to
 section  400.01 of this article may be revoked and cancelled at any time
 by the licensing officer or any judge or justice of a court  of  record.
 The  official revoking a license shall give written notice thereof with-
 out unnecessary delay to the executive  department,  division  of  state
 police,  Albany,  and shall also notify immediately the duly constituted
 police authorities of the locality.  ANY SUPREME COURT JUDGE MAY  REVOKE
 A  LICENSE  ISSUED  PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF THIS
 SECTION FOR GOOD CAUSE SHOWN.
   § 4. This act shall take effect immediately.