STATE OF NEW YORK
________________________________________________________________________
5005
2019-2020 Regular Sessions
IN ASSEMBLY
February 6, 2019
___________
Introduced by M. of A. BARCLAY, HAWLEY, MORINELLO, BYRNE, REILLY,
BYRNES, DeSTEFANO -- Multi-Sponsored by -- M. of A. MANKTELOW, SALKA
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to licenses to carry and
possess firearms for police officers
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 4-a of section 400.00 of the penal law, as
2 added by chapter 233 of the laws of 1980, is amended to read as follows:
3 4-a. Processing of license applications. (a) Applications for licenses
4 shall be accepted for processing by the licensing officer at the time of
5 presentment. Except upon written notice to the applicant specifically
6 stating the reasons for any delay, in each case the licensing officer
7 shall act upon any application for a license pursuant to this section
8 within six months of the date of presentment of such an application to
9 the appropriate authority. Such delay may only be for good cause and
10 with respect to the applicant. In acting upon an application, the
11 licensing officer shall either deny the application for reasons specif-
12 ically and concisely stated in writing or grant the application and
13 issue the license applied for. A police officer who submits an applica-
14 tion containing a certification or attestation from the law enforcement
15 agency or department from which he or she is employed which states he or
16 she is in good standing, shall be presumptive evidence as to the fitness
17 and qualification to carry and possess firearms. The licensing authority
18 with jurisdiction in the county or city having a population of less than
19 one million, shall issue a license to carry and possess a pistol or
20 revolver pursuant to this section within sixty days of a police officer
21 applicant's submission and such license shall authorize the licensee to
22 carry and possess firearms in every county and city in this state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02423-01-9
A. 5005 2
1 (b) For the purposes of this section, "police officer" shall mean a
2 police officer, as defined in subdivision thirty-four of section 1.20 of
3 the criminal procedure law.
4 § 2. This act shall take effect immediately.