S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3242
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by M. of A. KAVANAGH, PEOPLES-STOKES, JAFFEE, CAMARA, ROBIN-
         SON, BROOK-KRASNY, AUBRY, LAVINE -- Multi-Sponsored by  --  M.  of  A.
         GANTT, GLICK, GOTTFRIED, HOOPER, LIFTON, McDONOUGH, WEISENBERG, 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:
    1    Section  1.  Subdivision  1  of  section  400.00  of the penal law, as
    2  amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
    3  follows:
    4    1. Eligibility. No license shall be issued or renewed pursuant to this
    5  section  except  by  the licensing officer, and then only after investi-
    6  gation and finding that all statements in a  proper  application  for  a
    7  license  are  true.  No license shall be issued or renewed except for an
    8  applicant (a) twenty-one years of age or older, provided, however,  that
    9  where  such  applicant  has  been  honorably  discharged from the United
   10  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
   11  national  guard  of the state of New York, no such age restriction shall
   12  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
   13  anywhere  of  a felony or a serious offense; (d) who has [stated whether
   14  he or she has] NOT HAD A GUARDIAN APPOINTED FOR  THEM  PURSUANT  TO  ANY
   15  PROVISION  OF  LAW,  BASED ON A DETERMINATION THAT AS A RESULT OF MARKED
   16  SUBNORMAL  INTELLIGENCE,  MENTAL  ILLNESS,  INCAPACITY,   CONDITION   OR
   17  DISEASE, HE OR SHE LACKS THE MENTAL CAPACITY TO CONTRACT OR MANAGE THEIR
   18  OWN  AFFAIRS OR ever suffered any mental illness or been confined to any
   19  hospital or institution, public or private, for mental illness; (e)  who
   20  has  not had a license revoked or who is not under a suspension or inel-
   21  igibility order issued pursuant to the provisions of section  530.14  of
   22  the  criminal  procedure law or section eight hundred forty-two-a of the
   23  family court act; (f) [in the county of Westchester,] who  has  success-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02194-01-3
       A. 3242                             2
    1  fully  completed  a  firearms  safety  course and test as evidenced by a
    2  certificate of completion issued in his or her  name  and  endorsed  and
    3  affirmed under the penalties of perjury by a duly authorized instructor,
    4  APPROVED  BY THE SUPERINTENDENT OF STATE POLICE except that: (i) persons
    5  who are honorably discharged from the United States army,  navy,  marine
    6  corps,  AIR  FORCE or coast guard, or of the national guard of the state
    7  of New York, and produce evidence of official qualification in  firearms
    8  during  the  term  of  service  are not required to have completed those
    9  hours of a firearms safety course pertaining to the safe use,  carrying,
   10  possession,  maintenance  and storage of a firearm; and (ii) persons who
   11  were licensed to possess a pistol or revolver  prior  to  the  effective
   12  date  of  this  paragraph  are not required to have completed a firearms
   13  safety course and test; and (g) concerning whom no good cause exists for
   14  the denial of the license. No person shall engage  in  the  business  of
   15  gunsmith or dealer in firearms unless licensed pursuant to this section.
   16  An  applicant  to engage in such business shall also be a citizen of the
   17  United States, more than twenty-one years of age and maintain a place of
   18  business in the city or county where the license  is  issued.  For  such
   19  business, if the applicant is a firm or partnership, each member thereof
   20  shall  comply with all of the requirements set forth in this subdivision
   21  and if the applicant is a corporation, each  officer  thereof  shall  so
   22  comply.
   23    S 2. This act shall take effect on the one hundred twentieth day after
   24  it shall have become a law.