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S02291 Summary:

Amd §265.01, add §400.15, Pen L
Requires persons possessing any firearm to hold a firearms safety certificate; establishes application and training process therefor.
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S02291 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 23, 2019
        Introduced  by  Sens.  GIANARIS,  BRESLIN,  KRUEGER, MONTGOMERY, RIVERA,
          SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
          to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to requiring persons possess-
          ing a firearm to hold a firearms safety certificate

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 6, 7 and 8 of section 265.01 of the penal law,
     2  as amended by chapter 1 of the laws of  2013,  are  amended  and  a  new
     3  subdivision 9 is added to read as follows:
     4    (6)  He  or  she  is  a  person who has been certified not suitable to
     5  possess a rifle or shotgun, as defined in subdivision sixteen of section
     6  265.00 of this article, and refuses to yield possession of such rifle or
     7  shotgun upon the demand of a police officer. Whenever a person is certi-
     8  fied not suitable to possess a rifle or shotgun, a member of the  police
     9  department  to which such certification is made, or of the state police,
    10  shall forthwith seize any rifle or shotgun possessed by such  person.  A
    11  rifle  or  shotgun seized as [herein] provided in this subdivision shall
    12  not be destroyed, but shall be delivered to  the  headquarters  of  such
    13  police  department, or state police, and there retained until the afore-
    14  said certificate has been rescinded by  the  director  or  physician  in
    15  charge,  or  other disposition of such rifle or shotgun has been ordered
    16  or authorized by a court of competent jurisdiction[.]; or
    17    (7) He or she knowingly possesses a  bullet  containing  an  explosive
    18  substance designed to detonate upon impact[.]; or
    19    (8)  He  or she possesses any armor piercing ammunition with intent to
    20  use the same unlawfully against another[.]; or
    21    (9) He or she possesses a firearm, not being the  holder  of  a  valid
    22  firearms  safety  certificate  issued pursuant to section 400.15 of this
    23  chapter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2291                             2
     1    § 2. The penal law is amended by adding a new section 400.15  to  read
     2  as follows:
     3  § 400.15 Firearms safety certificate.
     4    1. For the purposes of this section:
     5    (a)  "Commissioner" means the commissioner of the police department of
     6  a city having a population of one million or more.
     7    (b) "Sheriff" means the sheriff of the county in  which  an  applicant
     8  resides, except in a city having a population of one million or more.
     9    2.  No  person  shall  possess  a  firearm  unless such person holds a
    10  firearms safety certificate issued pursuant to this section.
    11    3. Every person applying  for  a  firearms  safety  certificate  shall
    12  submit  an application to the sheriff or the commissioner if such person
    13  resides in a city with a population of one million or more.  Such appli-
    14  cation shall be in such form and content as shall be established by  the
    15  sheriff or the commissioner, and shall include:
    16    (a) the applicant's name, address, residence telephone number, gender,
    17  race,  height,  weight, date of birth, citizenship, thumbprint and driv-
    18  er's license or non-driver identification card number;
    19    (b) the applicant's signature; and
    20    (c) an oath that all information in the application is  true,  subject
    21  to the penalties of perjury.
    22    4.  The  course  of  instruction for the issuance of a firearms safety
    23  certificate shall include the successful completion by the applicant of:
    24    (a) not less than five hours of classroom instruction on:
    25    (i) the safe use and handling of firearms;
    26    (ii) the methods for safely storing and securing firearms, and keeping
    27  children safe when such weapons are present; and
    28    (iii) the applicable federal, state and local  laws  relating  to  the
    29  purchase, sale, possession, transportation and storage of firearms;
    30    (b)  not  less than two hours of live firing instruction at a shooting
    31  range using the type of firearm the  applicant  anticipates  purchasing,
    32  possessing or acquiring; and
    33    (c)  a  safe-handling  of  a firearm demonstration as attested to by a
    34  duly authorized instructor.
    35    5. Every firearms safety course, for the completion of which an appli-
    36  cant is granted a firearms safety certificate, shall be approved by  the
    37  sheriff  or the commissioner and shall be conducted by a duly authorized
    38  instructor. The sheriff or the commissioner may,  for  the  purposes  of
    39  firearms  safety  courses  required  by  this  section,  provide for the
    40  approval of firearm safety courses required or provided for pursuant  to
    41  any federal or state law.
    42    6.  Upon  the  successful completion of a firearms safety course by an
    43  applicant, the duly authorized instructor of such course  shall  provide
    44  the  applicant  with  a  signed  affidavit  attesting to the applicant's
    45  successful completion of the course. Such affidavit  shall  include  the
    46  name,  address  and  telephone number of the duly authorized instructor;
    47  the name of the applicant; and the dates and places that the course  was
    48  conducted.
    49    7.  Upon  receipt of the affidavit required by subdivision six of this
    50  section, the applicant shall submit a copy  of  such  affidavit  to  the
    51  sheriff  or  the  commissioner  and he or she shall administer a written
    52  examination, established by  him  or  her,  demonstrating  knowledge  of
    53  firearms safety and laws applicable to firearms.
    54    (a)  A firearms safety certificate shall be issued to an applicant who
    55  scores seventy-five percent or higher on such examination.

        S. 2291                             3
     1    (b) If an applicant fails such written  examination,  he  or  she  may
     2  retake  such  examination  at  least  twenty-four  hours  after  a prior
     3  attempt. The same version of such written examination shall not be given
     4  to an applicant upon any two consecutive takings thereof.  No  applicant
     5  shall  be  offered  the written examination more than three times. After
     6  the third failure by an applicant, he or she shall be required to  again
     7  successfully  complete  the requirements of subdivisions four and six of
     8  this section.
     9    (c) Applicants may be charged a fee to cover the costs of  administer-
    10  ing the written examination.
    11    8. Upon successful completion of the requirements of subdivision seven
    12  of  this  section by an applicant, the sheriff or the commissioner shall
    13  issue such applicant a  firearms  safety  certificate.  Firearms  safety
    14  certificates  shall  not be transferable. The holder thereof shall store
    15  such certificate in the place where his  or  her  firearms  are  stored,
    16  except that such certificate shall be carried on the person of the hold-
    17  er  if a firearm is possessed outside of the holder's residence or place
    18  of business. Upon request of a police officer, a firearms safety certif-
    19  icate shall be displayed by the holder to such officer.
    20    9. Every firearms safety certificate issued pursuant to  this  section
    21  shall  be  valid  for  a  period  of  two years, and may be renewed upon
    22  completion of the requirements of this section.
    23    10. No person shall sell or transfer possession of a  firearm  to  any
    24  person who does not hold a firearms safety certificate.
    25    11. A firearms safety certificate shall be revoked:
    26    (a) for the violation of any provision of law relating to firearms;
    27    (b) for fraud, misrepresentation or bribery in the application for and
    28  issuance of the firearms safety certificate;
    29    (c) if the holder is disqualified from possessing a firearm; or
    30    (d)  the  occurrence of any circumstance which would have disqualified
    31  the holder from being issued a firearms safety certificate.
    32    12. This section shall not apply to:
    33    (a) police officers as defined in subdivision thirty-four  of  section
    34  1.20  of the criminal procedure law, or retired police officer, who upon
    35  separation from a law enforcement agency  was  immediately  entitled  to
    36  receive  retirement benefits pursuant to the retirement and social secu-
    37  rity law or the administrative code of the city of New York;
    38    (b) peace officers as defined in section 2.10 of the  criminal  proce-
    39  dure law;
    40    (c)  licensed  manufacturers, transporters and sellers of firearms who
    41  possess such weapons for purposes of wholesale or  retail  sales,  while
    42  engaged in the scope of their licensed activities;
    43    (d) nonresidents of the state participating in any lawful recreational
    44  firearms  related  activity, and while in the course of traveling to and
    45  from such recreation activity; or
    46    (e) any person who temporarily possesses a firearm in the residence or
    47  place of business of the holder of a firearms  safety  certificate,  and
    48  such  possession  occurs  in  the  course of using deadly physical force
    49  authorized by article thirty-five of this chapter.
    50    § 3. This act shall take effect on the first of January next  succeed-
    51  ing  the  date  on  which it shall have become a law; provided, however,
    52  that the provisions of subdivision 9 of section 265.01 of the penal law,
    53  as added by section one of this act, and subdivision 2 of section 400.15
    54  of the penal law, as added by section two of this act, shall  not  apply
    55  to any person who possesses a firearm on the effective date of this act,
    56  until the ninetieth day after such date.
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