Allows physically disabled individuals who are not able to stand up to complete the two-hour live-fire range training course requirement for a concealed carry license while sitting.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8061
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the penal law, in relation to allowing certain phys-
ically disabled individuals to complete the live-fire range training
course for a concealed carry license while sitting
PURPOSE:
This bill ensures that every New Yorker, even those with a mobility
impairment, can fully participate in the live-fire ranging portions of a
concealed carry firearm safety training in order to obtain their
concealed carry license.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 19 of Penal Law § 400, as added by chapter
371 of the laws of 2022, to allow a participant in a concealed carry
firearm safety training who has a physical disability that prevents them
from being able to stand up or remain standing to complete the live-fire
range training course and proficiency demonstration requirements may be
completed while sitting down.
Section 2 is the effective date.
JUSTIFICATION:
This bill ensures that every New Yorker, even those with a mobility
impairment, can fully participate in the live-fire range portions of a
concealed carry firearm safety training in order to obtain their
concealed carry license. One of the purposes of the live-fire range
safety training is to ensure that a gun owner demonstrates proficiency
in actually using their firearm, and this can be best achieved by allow-
ing them to train and test in the way they will actually use their gun
in a sitting position or in their wheelchair.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8061
2023-2024 Regular Sessions
IN ASSEMBLY
September 27, 2023
___________
Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to allowing certain phys-
ically disabled individuals to complete the live-fire range training
course for a concealed carry license while sitting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 19 of section 400.00 of the penal law, as added
2 by chapter 371 of the laws of 2022, is amended to read as follows:
3 19. Prior to the issuance or renewal of a license under paragraph (f)
4 of subdivision two of this section, issued or renewed on or after the
5 effective date of this subdivision, an applicant shall complete an
6 in-person live firearms safety course conducted by a duly authorized
7 instructor with curriculum approved by the division of criminal justice
8 services and the superintendent of state police, and meeting the follow-
9 ing requirements: (a) a minimum of sixteen hours of in-person live
10 curriculum approved by the division of criminal justice services and the
11 superintendent of state police, conducted by a duly authorized instruc-
12 tor approved by the division of criminal justice services, and shall
13 include but not be limited to the following topics: (i) general firearm
14 safety; (ii) safe storage requirements and general secure storage best
15 practices; (iii) state and federal gun laws; (iv) situational awareness;
16 (v) conflict de-escalation; (vi) best practices when encountering law
17 enforcement; (vii) the statutorily defined sensitive places in subdivi-
18 sion two of section 265.01-e of this chapter and the restrictions on
19 possession on restricted places under section 265.01-d of this chapter;
20 (viii) conflict management; (ix) use of deadly force; (x) suicide
21 prevention; and (xi) the basic principles of marksmanship; and (b) a
22 minimum of two hours of a live-fire range training course, provided
23 however, if an applicant has a physical disability that prevents him or
24 her from being able to stand up, such live-fire range training course
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13170-01-3
A. 8061 2
1 requirement may be completed while sitting down. The applicant shall be
2 required to demonstrate proficiency by scoring a minimum of eighty
3 percent correct answers on a written test for the curriculum under para-
4 graph (a) of this subdivision and the proficiency level determined by
5 the rules and regulations promulgated by the division of criminal
6 justice services and the superintendent of state police for the live-
7 fire range training under paragraph (b) of this subdivision. Upon demon-
8 stration of such proficiency, a certificate of completion shall be
9 issued to such applicant in the applicant's name and endorsed and
10 affirmed under the penalties of perjury by such duly authorized instruc-
11 tor. An applicant required to complete the training required herein
12 prior to renewal of a license issued prior to the effective date of this
13 subdivision shall only be required to complete such training for the
14 first renewal of such license after such effective date.
15 § 2. This act shall take effect immediately.
