S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4536
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 8, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- 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  exempting  qualified
         retired  law  enforcement officers from certain limitations related to
         the possession of firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 265.00 of the penal law is amended by adding a new
    2  subdivision 25 to read as follows:
    3    25. "QUALIFIED RETIRED NEW YORK OR FEDERAL  LAW  ENFORCEMENT  OFFICER"
    4  MEANS AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER AS POLICE OFFICER IS
    5  DEFINED  IN  SUBDIVISION  THIRTY-FOUR  OF  SECTION  1.20 OF THE CRIMINAL
    6  PROCEDURE LAW, A RETIRED PEACE OFFICER AS PEACE OFFICER  IS  DEFINED  IN
    7  SECTION  2.10  OF  THE  CRIMINAL  PROCEDURE LAW OR A RETIRED FEDERAL LAW
    8  ENFORCEMENT OFFICER AS FEDERAL LAW ENFORCEMENT  OFFICER  IS  DEFINED  IN
    9  SECTION  2.15  OF  THE  CRIMINAL  PROCEDURE LAW, WHO: (A) SEPARATED FROM
   10  SERVICE IN GOOD STANDING FROM A PUBLIC AGENCY LOCATED IN NEW YORK  STATE
   11  IN WHICH SUCH PERSON SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR
   12  FEDERAL  LAW  ENFORCEMENT  OFFICER;  AND (B) BEFORE SUCH SEPARATION, WAS
   13  AUTHORIZED BY LAW TO ENGAGE IN OR SUPERVISE THE  PREVENTION,  DETECTION,
   14  INVESTIGATION,  OR  PROSECUTION  OF,  OR THE INCARCERATION OF ANY PERSON
   15  FOR, ANY VIOLATION OF LAW, AND HAD STATUTORY POWERS OF ARREST,  PURSUANT
   16  TO  THEIR OFFICIAL DUTIES, UNDER THE CRIMINAL PROCEDURE LAW; AND (C) (I)
   17  BEFORE SUCH SEPARATION, SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER
   18  OR FEDERAL LAW ENFORCEMENT OFFICER FOR TEN YEARS OR MORE AND AT THE TIME
   19  OF SEPARATION, IS SUCH AN OFFICER; OR (II) SEPARATED FROM  SERVICE  WITH
   20  SUCH AGENCY, AFTER COMPLETING ANY APPLICABLE PROBATIONARY PERIOD OF SUCH
   21  SERVICE,  DUE  TO  A SERVICE-CONNECTED DISABILITY, AS DETERMINED BY SUCH
   22  AGENCY AT OR BEFORE THE TIME OF SEPARATION;  AND  (D)(I)  HAS  NOT  BEEN
   23  FOUND  BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY SUCH AGENCY TO BE
   24  UNQUALIFIED FOR REASONS RELATING TO  MENTAL  HEALTH;  OR  (II)  HAS  NOT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10050-02-3
       S. 4536                             2
    1  ENTERED  INTO AN AGREEMENT WITH SUCH AGENCY FROM WHICH THE INDIVIDUAL IS
    2  SEPARATING FROM SERVICE IN WHICH THAT INDIVIDUAL ACKNOWLEDGES HE OR  SHE
    3  IS  NOT  QUALIFIED  UNDER  THIS  SECTION  FOR REASONS RELATING TO MENTAL
    4  HEALTH;  AND  (E) IS NOT OTHERWISE PROHIBITED BY NEW YORK OR FEDERAL LAW
    5  FROM POSSESSING ANY FIREARM.
    6    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
    7  vision e to read as follows:
    8    E. SUBDIVISION EIGHT OF SECTION 265.02 AND SECTIONS 265.36 AND  265.37
    9  OF  THIS  CHAPTER  SHALL  NOT  APPLY  TO A QUALIFIED RETIRED NEW YORK OR
   10  FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDIVISION TWENTY-FIVE OF
   11  SECTION 265.00 OF THIS ARTICLE, WITH RESPECT TO LARGE  CAPACITY  AMMUNI-
   12  TION FEEDING DEVICES ISSUED TO SUCH OFFICER OR PURCHASED BY SUCH OFFICER
   13  IN THE COURSE OF HIS OR HER OFFICIAL DUTIES AND OWNED BY SUCH OFFICER AT
   14  THE  TIME  OF  HIS OR HER RETIREMENT OR COMPARABLE REPLACEMENTS FOR SUCH
   15  DEVICES, IF: THE AGENCY THAT EMPLOYED THE  OFFICER  HAS  QUALIFIED  SUCH
   16  OFFICER IN THE USE OF THE WEAPON WHICH ACCEPTS SUCH DEVICE IN ACCORDANCE
   17  WITH  APPLICABLE STATE OR FEDERAL STANDARDS FOR ACTIVE DUTY LAW ENFORCE-
   18  MENT OFFICERS WITHIN TWELVE MONTHS PRIOR TO HIS OR  HER  RETIREMENT  AND
   19  SUCH  RETIRED  OFFICER MEETS, AT HIS OR HER OWN EXPENSE, SUCH APPLICABLE
   20  STANDARDS FOR SUCH WEAPON AT LEAST ONCE WITHIN THREE YEARS AFTER HIS  OR
   21  HER RETIREMENT DATE AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER.
   22    S 3. Subdivision 16-a of section 400.00 of the penal law is amended by
   23  adding a new paragraph (a-1) to read as follows:
   24    (A-1)  NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
   25  THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED  IN  SUBDIVI-
   26  SION  TWENTY-TWO  OF  SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
   27  RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
   28  VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH  WEAPON
   29  WAS  ISSUED  TO  OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN
   30  THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS
   31  QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE  MONTHS
   32  PRIOR  TO  HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY
   33  DAYS OF RETIREMENT.
   34    S 4. This act shall take effect immediately; provided, however, that:
   35    (a) sections one and two of this act shall be deemed to have  been  in
   36  full  force and effect on the same date as chapter 1 of the laws of 2013
   37  took effect; and
   38    (b) section three of this act shall take effect on the same  date  and
   39  in  the same manner as section 48 of chapter 1 of the laws of 2013 takes
   40  effect.