NY State Senate Bill 2009-S2243

Senate Bill S2243

2009-2010 Legislative Session

Establishes presumption (rebuttable) that an applicant for a pistol or revolver license has proper cause for issuance thereof

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 13, 2009	referred to codes

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2009-S2243 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L

2009-S2243 (ACTIVE) - Summary

Establishes a presumption (rebuttable) that an applicant for a pistol or revolver license (including to have and carry concealed such a firearm) has proper cause for issuance thereof unless the prior moral, mental or criminal record of the person indicates that good cause exists to believe that any benefit accruing to the person would be outweighed by potential dangers to public safety that would be engendered by issuance of such license.

2009-S2243 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2243

 TITLE OF BILL :
An act to amend the penal law, in relation to issuance of licenses to
have and carry pistols

 PURPOSE :
To make licensed handguns available to members of the public who feel
they need them.

 SUMMARY OF PROVISIONS :
This bill amends subdivision (2) of § 400.00 of the Penal Law, to
create a presumption that a person of clean moral, criminal and mental
record has proper cause for the issuance of a license to carry a
pistol.

 EXISTING LAW :
Instead of requiring that an applicant be required to demonstrate
"proper cause" for the issuance of a pistol carrying license as under
present law, the applicant of clean moral, criminal and mental record
would have the benefit of a presumption that such proper cause exists
for the issuance of the license.

 JUSTIFICATION :
The violent crime problem of today involves random predatory violence
and surprise, rather than the planned predatory attacks of yesteryear

directed primarily at those victims who were carrying large amounts of
cash. Therefore, it makes no sense anymore to require that a citizen
of clean record must still document a special need in terms of
regularly carrying large amounts of cash, as is presently required by
licensing officers acting pursuant to present law. By definition,
"random" predatory violence does not depend upon the amount of cash
being carried by the victim, and hence, it is no longer appropriate
that applicants of clean records should be required to demonstrate
situations of special need or danger. The danger today is random.

 LEGISLATIVE HISTORY :
2007-08, S.2037/S.4236
2005-06, S.1542
2003-04, S.1111/A.2397
2001-02, S.2302/A.9560
1999-00, S.2614/A.1077
1997-98, S.397/A.1984, passed Senate both years
1995-96, S.4588/A.1893, passed Senate both years
1993-94, S.3639/A.410, passed Senate both years
1991-92, S.4691/A.9850, passed Senate both years
1989-90, S.3879/A.6293

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
The first day of November next succeeding the date on which it shall
have become a law.

2009-S2243 (ACTIVE) - Bill Text download pdf

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

                                  2243

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sens.  VOLKER,  O. JOHNSON,  LARKIN,  MAZIARZ,  MORAHAN,
  RANZENHOFER, SALAND, SEWARD, WINNER -- 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 issuance  of  licenses  to
  have and carry pistols

  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,  SUCH  PROPER  CAUSE  BEING  PRESUMED TO EXIST UNLESS THE PRIOR
MORAL, MENTAL, OR CRIMINAL RECORD OF SUCH  PERSON  INDICATES  THAT  GOOD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00147-01-9

S. 2243                             2

CAUSE  EXISTS TO BELIEVE THAT ANY BENEFITS ACCRUING TO SUCH PERSON WOULD
BE OUTWEIGHED BY POTENTIAL DANGERS TO PUBLIC SAFETY THAT WOULD BE ENGEN-
DERED BY ISSUANCE OF SUCH LICENSE; and (g) have,  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  ammuni-
tion;  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 on the first of November next succeed-
ing the date on which it shall have become a law.

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