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

                                  7910

                            I N  S E N A T E

                              May 21, 2010
                               ___________

Introduced by Sens. SEWARD, DeFRANCISCO, LARKIN, LIBOUS, NOZZOLIO, VOLK-
  ER -- 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 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,
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

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

                                                           LBD06388-01-9

S. 7910                             2

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.