S T A T E   O F   N E W   Y O R K
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                                  5590

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of A. OAKS, BACALLES, ERRIGO, GIGLIO, HAWLEY, QUINN,
  WALKER -- Multi-Sponsored by -- M. of  A.  BARCLAY,  CALHOUN,  CORWIN,
  CROUCH,  JORDAN,  KOLB,  MILLER, TOWNSEND -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in relation to  restrictions  imposed  by
  statute regarding the carrying of concealed weapons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
follows:
  2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
shall  be  issued  to engage in such business. A license for a pistol or
revolver, other than an assault weapon or  a  disguised  gun,  shall  be
issued  to  (a)  have  and possess in his dwelling by a householder; (b)
have and possess in his place of business by a merchant or  storekeeper;
(c)  have  and carry concealed while so employed by a messenger employed
by a  banking  institution  or  express  company;  (d)  have  and  carry
concealed by a justice of the supreme court in the first or second judi-
cial  departments, or by a judge of the New York city civil court or the
New York city criminal court; (e) have  and  carry  concealed  while  so
employed by a regular employee of an institution of the state, or of any
county,  city,  town  or  village,  under  control  of a commissioner of
correction of the city or any warden, superintendent or head  keeper  of
any state prison, penitentiary, workhouse, county jail or other institu-
tion  for the detention of persons convicted or accused of crime or held
as witnesses in criminal cases, provided that application is made there-
for by such commissioner, warden, superintendent  or  head  keeper;  (f)
have  and  carry  concealed,  without  regard  to employment or place of
possession, by any person when proper  cause  exists  for  the  issuance
thereof,  SUBJECT ONLY TO RESTRICTIONS IMPOSED BY STATUTE; and (g) have,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06388-01-9
              

A. 5590                             2

possess, collect and carry antique pistols which are defined as follows:
(i) any single shot, muzzle loading pistol with a matchlock,  flintlock,
percussion  cap,  or  similar type of ignition system manufactured in or
before  l898,  which  is  not designed for using rimfire or conventional
centerfire  fixed  ammunition;  and  (ii)  any  replica  of  any  pistol
described in clause (i) hereof if such replica--
  (1)  is  not  designed or redesigned for using rimfire or conventional
centerfire fixed ammunition, or
  (2) uses rimfire or conventional centerfire fixed ammunition which  is
no  longer  manufactured  in  the United States and which is not readily
available in the ordinary channels of commercial trade.
  S 2. This act shall take effect immediately.