byron
.308 Win
Bill No.:
S01412 Summary:
BILL NO S01412
SAME AS No Same As
SPONSOR PARKER
COSPNSR
MLTSPNSR
Amd §400.00, add §400.20, Pen L; amd §§11-0701 & 11-0713, En Con L
Relates to establishing additional requirements to purchase a firearm, shotgun or rifle; requires a person to apply for a hunting license prior to the purchase of a shotgun or rifle; establishes additional requirements for all firearms, shotguns and rifles including taking a five hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test and mental health evaluation, providing proof of purchase of firearm and ammunition safe storage depositories and passing a criminal background check.
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S01412 Text:
STATE OF NEW YORK
________________________________________________________________________
1412
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the environmental conservation law, in
relation to establishing additional requirements to purchase a
firearm, shotgun or rifle
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 and subdivision 4-b of section 400.00 of the
2 penal law, subdivision 1 as amended by chapter 1 of the laws of 2013,
3 paragraph (c) of subdivision 1 as amended by chapter 60 of the laws of
4 2018, and subdivision 4-b as added by chapter 446 of the laws of 1997,
5 are amended to read as follows:
6 1. Eligibility. No license shall be issued or renewed pursuant to this
7 section except by the licensing officer, and then only after investi-
8 gation and finding that all statements in a proper application for a
9 license are true. No license shall be issued or renewed except for an
10 applicant (a) twenty-one years of age or older, provided, however, that
11 where such applicant has been honorably discharged from the United
12 States army, navy, marine corps, air force or coast guard, or the
13 national guard of the state of New York, no such age restriction shall
14 apply; (b) of good moral character; (c) who has not been convicted
15 anywhere of a felony or a serious offense or who is not the subject of
16 an outstanding warrant of arrest issued upon the alleged commission of a
17 felony or serious offense; (d) who is not a fugitive from justice; (e)
18 who is not an unlawful user of or addicted to any controlled substance
19 as defined in section 21 U.S.C. 802 and has provided notarized proof of
20 a passed drug test by a licensed physician; (f) who being an alien (i)
21 is not illegally or unlawfully in the United States or (ii) has not been
22 admitted to the United States under a nonimmigrant visa subject to the
23 exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from
24 the Armed Forces under dishonorable conditions; (h) who, having been a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05717-01-9
S. 1412 2
1 citizen of the United States, has not renounced his or her citizenship;
2 (i) who has stated whether he or she has ever suffered any mental
3 illness and has provided notarized proof of a passed mental health eval-
4 uation by a licensed physician; (j) who has not been involuntarily
5 committed to a facility under the jurisdiction of an office of the
6 department of mental hygiene pursuant to article nine or fifteen of the
7 mental hygiene law, article seven hundred thirty or section 330.20 of
8 the criminal procedure law, section four hundred two or five hundred
9 eight of the correction law, section 322.2 or 353.4 of the family court
10 act, or has not been civilly confined in a secure treatment facility
11 pursuant to article ten of the mental hygiene law; (k) who has not had a
12 license revoked or who is not under a suspension or ineligibility order
13 issued pursuant to the provisions of section 530.14 of the criminal
14 procedure law or section eight hundred forty-two-a of the family court
15 act; (l) [in the county of Westchester,] who has successfully completed
16 a five hour firearms safety course and test as evidenced by a certif-
17 icate of completion issued in his or her name and endorsed and affirmed
18 under the penalties of perjury by a duly authorized instructor, except
19 that[: (i)] persons who are honorably discharged from the United States
20 army, navy, marine corps or coast guard, or of the national guard of the
21 state of New York, and produce evidence of official qualification in
22 firearms during the term of service are not required to have completed
23 those hours of a firearms safety course pertaining to the safe use,
24 carrying, possession, maintenance and storage of a firearm[; and (ii)
25 persons who were licensed to possess a pistol or revolver prior to the
26 effective date of this paragraph are not required to have completed a
27 firearms safety course and test]; (m) who has not had a guardian
28 appointed for him or her pursuant to any provision of state law, based
29 on a determination that as a result of marked subnormal intelligence,
30 mental illness, incapacity, condition or disease, he or she lacks the
31 mental capacity to contract or or manage his or her own affairs; (n) who
32 has successfully completed live firing instruction and a test with at
33 least ninety percent accuracy at a shooting range using the type of
34 firearm he or she anticipates purchasing, possessing or acquiring; (o)
35 has purchased a safe storage depository for his or her firearms and
36 ammunition as evidenced by a receipt of such purchase; and [(n)] (p)
will not let me paste it all here to long read here
New York State Assembly | Bill Search and Legislative Information
.
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S01412 Summary:
BILL NO S01412
SAME AS No Same As
SPONSOR PARKER
COSPNSR
MLTSPNSR
Amd §400.00, add §400.20, Pen L; amd §§11-0701 & 11-0713, En Con L
Relates to establishing additional requirements to purchase a firearm, shotgun or rifle; requires a person to apply for a hunting license prior to the purchase of a shotgun or rifle; establishes additional requirements for all firearms, shotguns and rifles including taking a five hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test and mental health evaluation, providing proof of purchase of firearm and ammunition safe storage depositories and passing a criminal background check.
Go to top
S01412 Text:
STATE OF NEW YORK
________________________________________________________________________
1412
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the environmental conservation law, in
relation to establishing additional requirements to purchase a
firearm, shotgun or rifle
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 and subdivision 4-b of section 400.00 of the
2 penal law, subdivision 1 as amended by chapter 1 of the laws of 2013,
3 paragraph (c) of subdivision 1 as amended by chapter 60 of the laws of
4 2018, and subdivision 4-b as added by chapter 446 of the laws of 1997,
5 are amended to read as follows:
6 1. Eligibility. No license shall be issued or renewed pursuant to this
7 section except by the licensing officer, and then only after investi-
8 gation and finding that all statements in a proper application for a
9 license are true. No license shall be issued or renewed except for an
10 applicant (a) twenty-one years of age or older, provided, however, that
11 where such applicant has been honorably discharged from the United
12 States army, navy, marine corps, air force or coast guard, or the
13 national guard of the state of New York, no such age restriction shall
14 apply; (b) of good moral character; (c) who has not been convicted
15 anywhere of a felony or a serious offense or who is not the subject of
16 an outstanding warrant of arrest issued upon the alleged commission of a
17 felony or serious offense; (d) who is not a fugitive from justice; (e)
18 who is not an unlawful user of or addicted to any controlled substance
19 as defined in section 21 U.S.C. 802 and has provided notarized proof of
20 a passed drug test by a licensed physician; (f) who being an alien (i)
21 is not illegally or unlawfully in the United States or (ii) has not been
22 admitted to the United States under a nonimmigrant visa subject to the
23 exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from
24 the Armed Forces under dishonorable conditions; (h) who, having been a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05717-01-9
S. 1412 2
1 citizen of the United States, has not renounced his or her citizenship;
2 (i) who has stated whether he or she has ever suffered any mental
3 illness and has provided notarized proof of a passed mental health eval-
4 uation by a licensed physician; (j) who has not been involuntarily
5 committed to a facility under the jurisdiction of an office of the
6 department of mental hygiene pursuant to article nine or fifteen of the
7 mental hygiene law, article seven hundred thirty or section 330.20 of
8 the criminal procedure law, section four hundred two or five hundred
9 eight of the correction law, section 322.2 or 353.4 of the family court
10 act, or has not been civilly confined in a secure treatment facility
11 pursuant to article ten of the mental hygiene law; (k) who has not had a
12 license revoked or who is not under a suspension or ineligibility order
13 issued pursuant to the provisions of section 530.14 of the criminal
14 procedure law or section eight hundred forty-two-a of the family court
15 act; (l) [in the county of Westchester,] who has successfully completed
16 a five hour firearms safety course and test as evidenced by a certif-
17 icate of completion issued in his or her name and endorsed and affirmed
18 under the penalties of perjury by a duly authorized instructor, except
19 that[: (i)] persons who are honorably discharged from the United States
20 army, navy, marine corps or coast guard, or of the national guard of the
21 state of New York, and produce evidence of official qualification in
22 firearms during the term of service are not required to have completed
23 those hours of a firearms safety course pertaining to the safe use,
24 carrying, possession, maintenance and storage of a firearm[; and (ii)
25 persons who were licensed to possess a pistol or revolver prior to the
26 effective date of this paragraph are not required to have completed a
27 firearms safety course and test]; (m) who has not had a guardian
28 appointed for him or her pursuant to any provision of state law, based
29 on a determination that as a result of marked subnormal intelligence,
30 mental illness, incapacity, condition or disease, he or she lacks the
31 mental capacity to contract or or manage his or her own affairs; (n) who
32 has successfully completed live firing instruction and a test with at
33 least ninety percent accuracy at a shooting range using the type of
34 firearm he or she anticipates purchasing, possessing or acquiring; (o)
35 has purchased a safe storage depository for his or her firearms and
36 ammunition as evidenced by a receipt of such purchase; and [(n)] (p)
will not let me paste it all here to long read here
New York State Assembly | Bill Search and Legislative Information
.
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