S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3922
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 27, 2013
                                      ___________
       Introduced  by  Sen.  BALL  --  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 possession of a pistol  or
         revolver
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 3 of subdivision a of section 265.20 of the penal
    2  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
    3  follows:
    4    3. Possession of a pistol or revolver by a person to whom a license OR
    5  TEMPORARY  LICENSE  therefor  has  been issued as provided under section
    6  400.00 [or], 400.01 OR 400.04 of this chapter or possession of a  weapon
    7  as  defined in paragraph (e) or (f) of subdivision twenty-two of section
    8  265.00 of this article which is registered pursuant to paragraph (a)  of
    9  subdivision  sixteen-a  of section 400.00 of this chapter or is included
   10  on an amended license issued pursuant to section 400.00 of this chapter.
   11  In the event such license is revoked, other than because  such  licensee
   12  is  no  longer  permitted  to  possess a firearm, rifle or shotgun under
   13  federal or state law, information sufficient to satisfy the requirements
   14  of subdivision sixteen-a of section 400.00 of  this  chapter,  shall  be
   15  transmitted  by  the licensing officer to the state police, in a form as
   16  determined by the superintendent  of  state  police.  Such  transmission
   17  shall  constitute  a  valid  registration  under  such  section. Further
   18  provided, notwithstanding any other section of this title, a failure  to
   19  register  such  weapon by an individual who possesses such weapon before
   20  the enactment of the chapter of the laws of two thousand thirteen  which
   21  amended  this  paragraph  and may so lawfully possess it thereafter upon
   22  registration, shall only be subject to punishment pursuant to  paragraph
   23  (c)  of  subdivision  sixteen-a  of  section  400.00  of  this  chapter;
   24  provided, that such a license  or  registration  shall  not  preclude  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07367-02-3
       S. 3922                             2
    1  conviction  for  the  offense  defined  in  subdivision three of section
    2  265.01 of this article or section 265.01-a of this article.
    3    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
    4  vision e to read as follows:
    5    E.  1. A NONRESIDENT OF THE STATE WHO IS NOT PROHIBITED BY FEDERAL LAW
    6  FROM POSSESSING A FIREARM MAY POSSESS AND CARRY A  CONCEALED  PISTOL  OR
    7  REVOLVER ANYWHERE WITHIN THE STATE IF SUCH PERSON:
    8    (A)  IS  IN  POSSESSION OF A VALID PERMIT TO CARRY A CONCEALED FIREARM
    9  ISSUED TO SUCH NONRESIDENT OF THE STATE PURSUANT TO  THE  LAWS  OF  SUCH
   10  PERSON'S STATE OF RESIDENCE; AND
   11    (B)  IS  IN  COMPLIANCE WITH THE TERMS OF ITS ISSUANCE IN THE STATE OF
   12  ITS ISSUE, BUT ONLY TO THE EXTENT THAT THE TERMS OF ISSUANCE COMPLY WITH
   13  ANY APPROPRIATE LAWS OF THIS STATE; AND
   14    (C) IS CARRYING A VALID IDENTIFICATION DOCUMENT  CONTAINING  A  PHOTO-
   15  GRAPH OF THE PERSON; AND
   16    (D)  DOES  NOT  HAVE  ANY INTENT TO USE SUCH PISTOL OR REVOLVER FOR AN
   17  ILLEGAL PURPOSE; AND
   18    (E) IS SUBJECT TO THE SAME CONDITIONS AND LIMITATIONS,  EXCEPT  AS  TO
   19  ELIGIBILITY  TO  POSSESS  OR CARRY, IMPOSED BY OR UNDER FEDERAL OR STATE
   20  LAW OR THE LAW OF A POLITICAL SUBDIVISION OF THIS STATE, THAT  APPLY  TO
   21  THE  POSSESSION  OR  CARRYING OF A CONCEALED PISTOL OR REVOLVER BY RESI-
   22  DENTS OF THE STATE OR POLITICAL SUBDIVISION  WHO  ARE  LICENSED  BY  THE
   23  STATE  OR POLITICAL SUBDIVISION TO DO SO, OR NOT PROHIBITED BY THE STATE
   24  FROM DOING SO.
   25    2. IF THE HOLDER OF SUCH A NONRESIDENT PERMIT  TO  CARRY  A  CONCEALED
   26  FIREARM  BECOMES,  AT  ANY  TIME,  A  LEGAL  RESIDENT OF THIS STATE, THE
   27  PROVISIONS OF THIS SUBDIVISION SHALL NO LONGER APPLY.
   28    3. AS USED IN THIS  SUBDIVISION  THE  TERM  "IDENTIFICATION  DOCUMENT"
   29  MEANS  A DOCUMENT MADE OR ISSUED BY OR UNDER THE AUTHORITY OF THE UNITED
   30  STATES GOVERNMENT, A STATE OR A POLITICAL SUBDIVISION OF A STATE  WHICH,
   31  WHEN  COMPLETED  WITH INFORMATION CONCERNING A PARTICULAR INDIVIDUAL, IS
   32  OF A TYPE INTENDED OR COMMONLY ACCEPTED FOR THE PURPOSE  OF  IDENTIFICA-
   33  TION OF INDIVIDUALS.
   34    S 3. Section 400.00 of the penal law is amended by adding a new subdi-
   35  vision 2-a to read as follows:
   36    2-A.  TEMPORARY  LICENSE.  A  TEMPORARY  LICENSE TO POSSESS OR CARRY A
   37  PISTOL OR REVOLVER, OTHER THAN AN ASSAULT  WEAPON  OR  A  DISGUISED  GUN
   38  SHALL BE ISSUED TO:
   39    (A)  A  HOUSEHOLDER  TO  HAVE AND POSSESS IN HIS OR HER DWELLING WHERE
   40  SUCH HOUSEHOLDER IS ELIGIBLE PURSUANT TO SECTION 400.04 OF THIS ARTICLE;
   41  OR
   42    (B) HAVE AND CARRY, WITHOUT REGARD TO  PLACE  OF  POSSESSION,  BY  ANY
   43  PERSON  WHEN  A  LEGAL PURPOSE EXISTS FOR THE ISSUANCE THEREOF AND WHERE
   44  SUCH PERSON IS ELIGIBLE PURSUANT TO SUBDIVISION ONE OF SECTION 400.04 OF
   45  THIS ARTICLE.
   46    S 4. The penal law is amended by adding a new section 400.04  to  read
   47  as follows:
   48  S 400.04 TEMPORARY LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER.
   49    1.  ELIGIBILITY. A PERSON IS ELIGIBLE FOR A TEMPORARY LICENSE TO CARRY
   50  OR POSSESS A FIREARM IN THE STATE WHERE:
   51    (A) SUCH PERSON IS DOMICILED IN A STATE OF  THE  UNITED  STATES  WHICH
   52  DOES  NOT  REQUIRE  A  LICENSE OR PERMIT TO POSSESS OR CARRY A PISTOL OR
   53  REVOLVER, PROVIDED THAT SUCH PERSON SHALL COMPLY WITH  THE  REQUIREMENTS
   54  SET  FORTH  IN  PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION ONE OF SECTION
   55  400.00 OF THIS ARTICLE AND THAT THERE IS NO GOOD CAUSE FOR THE DENIAL OF
   56  THE LICENSE; OR
       S. 3922                             3
    1    (B) SUCH PERSON HAS A PISTOL OR REVOLVER LICENSE OR PERMIT  ISSUED  IN
    2  ACCORDANCE WITH THE LAWS OF THE STATE OF ISSUANCE, WHERE THAT STATE IS A
    3  STATE OF THE UNITED STATES WHICH IS A JURISDICTION THAT DOES NOT AUTHOR-
    4  IZE  SUCH  LICENSE  OR  REGISTRATION BY A PERSON WHO HAS BEEN PREVIOUSLY
    5  CONVICTED  OF  A FELONY; PROVIDED THAT SUCH PERSON SHALL COMPLY WITH THE
    6  REQUIREMENTS SET FORTH IN PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION  ONE
    7  OF  SECTION  400.00 OF THIS ARTICLE AND WHERE THERE IS NO GOOD CAUSE FOR
    8  THE DENIAL OF THE LICENSE; OR
    9    (C) SUCH PERSON IS LICENSED IN A STATE OF THE UNITED STATES WHICH IS A
   10  JURISDICTION THAT ALLOWS LICENSING BY A PERSON WHO HAS  BEEN  PREVIOUSLY
   11  CONVICTED  OF  A  FELONY, PROVIDED THAT SUCH PERSON MUST COMPLY WITH THE
   12  REQUIREMENTS SET FORTH IN PARAGRAPHS (A) THROUGH (F) OF SUBDIVISION  ONE
   13  OF  SECTION  400.00  OF  THIS ARTICLE AND THERE IS NO GOOD CAUSE FOR THE
   14  DENIAL OF THE LICENSE.
   15    NOTHING IN THIS SECTION REQUIRES THE GRANTING OF A TEMPORARY PISTOL OR
   16  REVOLVER LICENSE TO ANY PERSON WHO HAS PREVIOUSLY BEEN  CONVICTED  OF  A
   17  FELONY OR OF A CRIME WHICH, IF COMMITTED IN THIS STATE, WOULD BE A FELO-
   18  NY,  NOTWITHSTANDING THAT THE JURISDICTION IN WHICH SUCH PERSON IS DOMI-
   19  CILED ALLOWS LICENSING BY SUCH PERSON.
   20    2. APPLICATIONS.  (A) APPLICATIONS FOR A TEMPORARY LICENSE TO CARRY OR
   21  POSSESS A PISTOL OR REVOLVER SHALL BE MADE  TO  THE  DIVISION  OF  STATE
   22  POLICE  AND  THE  LICENSING OFFICER SHALL BE THE SUPERINTENDENT OF STATE
   23  POLICE.
   24    (B) THE APPLICATION FOR SUCH TEMPORARY LICENSE SHALL BE APPROVED AS TO
   25  FORM BY THE SUPERINTENDENT OF STATE POLICE AND SHALL STATE:
   26    (I) THE NUMBER OF DAYS FOR WHICH THE  TEMPORARY  LICENSE  WILL  BE  IN
   27  EFFECT,  INCLUDING THE EXACT RANGE OF DATES IT WILL BE IN EFFECT, EXCEPT
   28  THAT SUCH TIME PERIOD SHALL NOT EXCEED NINETY DAYS.
   29    (II) THE FULL NAME, DATE OF BIRTH,  ADDRESS  OF  PERMANENT  RESIDENCE,
   30  PLACE  OF TEMPORARY RESIDENCE WHILE IN THE STATE, AND PRESENT OCCUPATION
   31  OF THE APPLICANT.
   32    (III) WHETHER OR NOT THE APPLICANT IS A CITIZEN OF THE UNITED STATES.
   33    (IV) WHETHER OR NOT THE APPLICANT COMPLIES WITH EACH  REQUIREMENT  FOR
   34  ELIGIBILITY  SPECIFIED  IN  SUBDIVISION  ONE  OF  THIS SECTION INCLUDING
   35  DOCUMENTATION REGARDING OTHER STATE LICENSES; AND
   36    (V) SUCH OTHER FACTS AS MAY BE REQUIRED TO SHOW  THE  GOOD  CHARACTER,
   37  COMPETENCY AND INTEGRITY OF EACH APPLICANT.
   38    (C) THE BLANK APPLICATION FORM SHALL BE MADE AVAILABLE ON THE DIVISION
   39  OF STATE POLICE WEBSITE.
   40    (D)  THE  APPLICATION  SHALL  BE SIGNED AND VERIFIED BY THE APPLICANT.
   41  EACH INDIVIDUAL SIGNING AN APPLICATION SHALL SUBMIT  ONE  PHOTOGRAPH  OF
   42  HIMSELF  OR HERSELF AND A DUPLICATE FOR EACH REQUIRED COPY OF THE APPLI-
   43  CATION. SUCH PHOTOGRAPHS SHALL BE TWO INCHES SQUARE AND SHALL HAVE  BEEN
   44  TAKEN WITHIN THIRTY DAYS PRIOR TO SUBMITTING THE APPLICATION.
   45    (E) THE LICENSING OFFICER SHALL, NO LATER THAN TEN BUSINESS DAYS AFTER
   46  SUCH  SUBMISSION,  CONDUCT  AN  INVESTIGATION AND ASCERTAIN ANY PREVIOUS
   47  CRIMINAL RECORD OF THE APPLICANT PURSUANT TO SUBDIVISION  FOUR  OF  THIS
   48  SECTION.
   49    (F)  NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THIS INVESTI-
   50  GATION, THE SUPERINTENDENT OF STATE POLICE SHALL DETERMINE IF THE APPLI-
   51  CANT HAS BEEN PREVIOUSLY DENIED A LICENSE, BEEN CONVICTED OF  A  FELONY,
   52  OR BEEN CONVICTED OF A SERIOUS OFFENSE, AND EITHER APPROVE OR DISAPPROVE
   53  THE  APPLICATION FOR A TEMPORARY PISTOL LICENSE BASED UPON SUCH DETERMI-
   54  NATIONS AND SHALL ISSUE THE LICENSE TO THE APPLICANT WITHIN TEN DAYS  OF
   55  SUCH DETERMINATION.
       S. 3922                             4
    1    (G)  APPLICATIONS  SHALL  BE PROCESSED IN ACCORDANCE WITH THE REQUIRE-
    2  MENTS OF SUBDIVISIONS FOUR-A AND FOUR-B OF SECTION 400.00 OF THIS  ARTI-
    3  CLE, EXCEPT THAT WHERE THE APPLICANT'S ELIGIBILITY IS BASED ON PARAGRAPH
    4  (B)  OF  SUBDIVISION  ONE OF THIS SECTION SUCH APPLICATION MUST BE PROC-
    5  ESSED AND THE INVESTIGATION COMPLETED WITHIN SIXTY DAYS OF SUBMISSION OF
    6  THE APPLICATION TO THE LICENSING OFFICER.
    7    (H)  APPROVED APPLICATIONS SHALL BE MAINTAINED ON FILE BY THE DIVISION
    8  OF STATE POLICE AFTER ISSUANCE OF THE LICENSE.
    9    3. INVESTIGATIONS. THE INVESTIGATION REQUIRED FOR ISSUANCE OF A TEMPO-
   10  RARY LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER SHALL BE CONDUCTED
   11  IN THE SAME MANNER AND UPON THE SAME TERMS AND  CONDITIONS  AS  INVESTI-
   12  GATIONS  REQUIRED FOR LICENSES ISSUED PURSUANT TO SECTION 400.00 OF THIS
   13  ARTICLE PROVIDED, HOWEVER, THE RESULTS SHALL BE PROVIDED TO  THE  SUPER-
   14  INTENDENT OF STATE POLICE IN HIS OR HER CAPACITY AS LICENSING OFFICER.
   15    4. LICENSE FORM, DURATION AND VALIDITY.  (A) ANY LICENSE ISSUED PURSU-
   16  ANT  TO  THIS  SECTION SHALL BE IN ACCORDANCE WITH THE FORM SET FORTH IN
   17  SUBDIVISION SEVEN OF SECTION 400.00 OF THIS ARTICLE.
   18    (B) ANY LICENSE  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL  BE  VALID
   19  THROUGHOUT  THE STATE EXCEPT WHERE IT WOULD BE LIMITED BY THE PROVISIONS
   20  OF SUBDIVISION SIX OF SECTION 400.00 OF THIS ARTICLE.
   21    (C) IN NO INSTANCE SHALL THE DURATION OF A  TEMPORARY  LICENSE  EXCEED
   22  NINETY DAYS.
   23    (D)  THE  TEMPORARY LICENSE SHALL, IN AT LEAST 16 POINT FONT, INDICATE
   24  THAT IT IS A TEMPORARY LICENSE AND INDICATE THE EXPIRATION DATE OF  SUCH
   25  TEMPORARY LICENSE.
   26    (E) A TEMPORARY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED
   27  OR  SUSPENDED  ON THE SAME TERMS AND UNDER THE SAME CIRCUMSTANCES AS SET
   28  FORTH IN SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS ARTICLE.
   29    5. FEES. THE SUPERINTENDENT OF STATE POLICE SHALL FIX A LICENSING  FEE
   30  TO  BE  CHARGED  FOR A TEMPORARY LICENSE TO CARRY OR POSSESS A PISTOL OR
   31  REVOLVER BASED ON THE EXPENSE OF CARRYING OUT  THE  PROVISIONS  OF  THIS
   32  SECTION. SUCH FEE MAY BE ADJUSTED BY THE SUPERINTENDENT OF STATE POLICE,
   33  ON  AN  ANNUAL  BASIS, WHERE NECESSARY TO ENSURE THAT THE LICENSING FEES
   34  ADEQUATELY COVER THE EXPENSE OF CARRYING  OUT  THE  PROVISIONS  OF  THIS
   35  SECTION WITHOUT SIGNIFICANTLY EXCEEDING SUCH COSTS.
   36    6.  ANY  VIOLATION BY ANY PERSON OF ANY PROVISION OF THIS SECTION IS A
   37  CLASS A MISDEMEANOR.
   38    7. APPLICABILITY OF SECTION. THE PROVISIONS  OF  ARTICLE  TWO  HUNDRED
   39  SIXTY-FIVE  OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A FIREARM,
   40  SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
   41  SECTION BY A  PERSON  HOLDING  AN  OTHERWISE  VALID  LICENSE  UNDER  THE
   42  PROVISIONS  OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE AS
   43  A CLASS A MISDEMEANOR PURSUANT TO THIS SECTION.
   44    S 5. Section 265.10 of the penal law is amended by adding a new subdi-
   45  vision 2-a to read as follows:
   46    2-A. NOTWITHSTANDING ANY OTHER PROVISION OF ANY  LAW,  RULE  OR  REGU-
   47  LATION OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, ANY PERSON WHO
   48  IS  NOT  OTHERWISE PROHIBITED BY FEDERAL LAW FROM TRANSPORTING, SHIPPING
   49  OR RECEIVING A FIREARM SHALL BE ENTITLED TO TRANSPORT A FIREARM FOR  ANY
   50  LAWFUL  PURPOSE  THROUGH  THIS  STATE FROM ANY PLACE WHERE HE OR SHE MAY
   51  LAWFULLY POSSESS AND CARRY SUCH FIREARM TO ANY OTHER PLACE WHERE  HE  OR
   52  SHE  MAY  LAWFULLY POSSESS AND CARRY SUCH FIREARM IF, DURING SUCH TRANS-
   53  PORTATION THE FIREARM IS UNLOADED, AND NEITHER THE FIREARM NOR ANY AMMU-
   54  NITION BEING TRANSPORTED IS READILY ACCESSIBLE OR IS DIRECTLY ACCESSIBLE
   55  FROM THE PASSENGER COMPARTMENT OF SUCH TRANSPORTING  VEHICLE;  PROVIDED,
   56  THAT,  IN  THE CASE OF A VEHICLE WITHOUT A COMPARTMENT SEPARATE FROM THE
       S. 3922                             5
    1  DRIVER'S COMPARTMENT THE FIREARM OR AMMUNITION SHALL BE CONTAINED  IN  A
    2  LOCKED CONTAINER OTHER THAN THE GLOVE COMPARTMENT OR CONSOLE.
    3    S  6.  Subdivision 3 of section 265.03 of the penal law, as amended by
    4  chapter 745 of the laws of 2006, is amended to read as follows:
    5    (3) such person possesses any loaded firearm.  Such  possession  shall
    6  not, except as provided in subdivision one or seven of section 265.02 of
    7  this  article,  constitute  a  violation  of  this  subdivision  if such
    8  possession takes place in such person's home or place of business.    IT
    9  SHALL  BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS SUBDIVISION THAT
   10  SUCH PERSON IS A NONRESIDENT OF THIS STATE WHO  IS  DULY  AUTHORIZED  TO
   11  CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON
   12  IS  A  RESIDENT  OF THIS STATE WHO IS DULY LICENSED TO CARRY A PISTOL OR
   13  REVOLVER, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN  CHARGED  WITH  ANY
   14  VIOLATION OF THIS SECTION.
   15    S 7. Section 265.01 of the penal law is amended by adding a new undes-
   16  ignated paragraph to read as follows:
   17    IT  SHALL  BE  AN  AFFIRMATIVE  DEFENSE TO A CHARGE OF POSSESSION OF A
   18  FIREARM UNDER SUBDIVISION ONE OF THIS SECTION IF SUCH  POSSESSION  OF  A
   19  FIREARM  IS  BY  A  NONRESIDENT OF THIS STATE WHO IS AUTHORIZED TO CARRY
   20  SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS  A
   21  RESIDENT  OF THIS STATE WHO IS DULY LICENSED TO CARRY A PISTOL OR REVOL-
   22  VER IN THIS STATE, AND IF SUCH PERSON HAS NOT  PREVIOUSLY  BEEN  CHARGED
   23  WITH POSSESSION OF A FIREARM UNDER THIS SECTION.
   24    S  8.  This  act shall take effect on the ninetieth day after it shall
   25  have become a law; provided, however, that if section 46 of chapter 1 of
   26  the laws of 2013 shall not have taken effect on or before the  effective
   27  date  of this act, then section one of this act shall take effect on the
   28  same date and in the same  manner  as  such  section  46  takes  effect;
   29  provided,  further, however, that if section 40 of chapter 1 of the laws
   30  of 2013 shall not have taken effect on or before the effective  date  of
   31  this  act,  then section seven of this act shall take effect on the same
   32  date and in the same manner as such section 40 takes effect.