S T A T E   O F   N E W   Y O R K
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                                  3561

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
  AUBRY,  DIAZ,  EDDINGTON,  MAYERSOHN,  PHEFFER, TOWNS -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to requiring proof of liabil-
  ity insurance prior to the issuance of a license to carry a firearm

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

  Section 1. Subdivision 1 of section 400.00 of penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section  except  by  the licensing officer, and then only after investi-
gation and finding that all statements in a  proper  application  for  a
license  are  true.  No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however,  that
where  such  applicant  has  been  honorably  discharged from the United
States army, navy, marine corps,  air  force  or  coast  guard,  or  the
national  guard  of the state of New York, no such age restriction shall
apply; (b) of good moral character;  (c)  who  has  not  been  convicted
anywhere of a felony or a serious offense; (d) who has stated whether he
or  she  has  ever  suffered  any mental illness or been confined to any
hospital or institution, public or private, for mental illness; (e)  who
has  not had a license revoked or who is not under a suspension or inel-
igibility order issued pursuant to the provisions of section  530.14  of
the  criminal  procedure law or section eight hundred forty-two-a of the
family court act; (f) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced  by  a  certif-
icate  of completion issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized  instructor,  except
that:  (i)  persons  who are honorably discharged from the United States
army, navy, marine corps or coast guard, or of the national guard of the
state of New York, and produce evidence  of  official  qualification  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02103-01-9
              

A. 3561                             2

firearms  during  the term of service are not required to have completed
those hours of a firearms safety course  pertaining  to  the  safe  use,
carrying,  possession,  maintenance  and  storage of a firearm; and (ii)
persons  who  were licensed to possess a pistol or revolver prior to the
effective date of this paragraph are not required to  have  completed  a
firearms safety course and test; [and] (g) WHO SUBMITS PROOF OF PERSONAL
LIABILITY  INSURANCE;  AND  (H) concerning whom no good cause exists for
the denial of the license. No person shall engage  in  the  business  of
gunsmith or dealer in firearms unless licensed pursuant to this section.
An  applicant  to engage in such business shall also be a citizen of the
United States, more than twenty-one years of age and maintain a place of
business in the city or county where the license  is  issued.  For  such
business, if the applicant is a firm or partnership, each member thereof
shall  comply with all of the requirements set forth in this subdivision
and if the applicant is a corporation, each  officer  thereof  shall  so
comply.
  S 2. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
licenses issued or renewed on or after such date.