S T A T E O F N E W Y O R K
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3741
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
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Introduced by M. of A. BOYLAND, COOK, ESPINAL, STECK -- Multi-Sponsored
by -- M. of A. ARROYO -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to requiring a certificate of
psychiatric evaluation to be provided with an application for a
license to carry, possess, repair and dispose of firearms
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 he
14 or she has ever suffered any mental illness or been confined to any
15 hospital or institution, public or private, for mental illness; (e) who
16 has not had a license revoked or who is not under a suspension or inel-
17 igibility order issued pursuant to the provisions of section 530.14 of
18 the criminal procedure law or section eight hundred forty-two-a of the
19 family court act; (f) in the county of Westchester, who has successfully
20 completed a firearms safety course and test as evidenced by a certif-
21 icate of completion issued in his or her name and endorsed and affirmed
22 under the penalties of perjury by a duly authorized instructor, except
23 that: (i) persons who are honorably discharged from the United States
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07342-01-3
A. 3741 2
1 army, navy, marine corps or coast guard, or of the national guard of the
2 state of New York, and produce evidence of official qualification in
3 firearms during the term of service are not required to have completed
4 those hours of a firearms safety course pertaining to the safe use,
5 carrying, possession, maintenance and storage of a firearm; and (ii)
6 persons who were licensed to possess a pistol or revolver prior to the
7 effective date of this paragraph are not required to have completed a
8 firearms safety course and test; [and] (g) concerning whom no good cause
9 exists for the denial of the license; AND (H) WHO PROVIDES A CERTIFICATE
10 VERIFYING THAT THE APPLICANT HAS UNDERGONE A PSYCHIATRIC EVALUATION. No
11 person shall engage in the business of gunsmith or dealer in firearms
12 unless licensed pursuant to this section. An applicant to engage in such
13 business shall also be a citizen of the United States, more than twen-
14 ty-one years of age and maintain a place of business in the city or
15 county where the license is issued. For such business, if the applicant
16 is a firm or partnership, each member thereof shall comply with all of
17 the requirements set forth in this subdivision and if the applicant is a
18 corporation, each officer thereof shall so comply.
19 S 2. This act shall take effect immediately.