S T A T E   O F   N E W   Y O R K
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                                  4390

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
  AUBRY -- 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
firearms during the term of service are not required to  have  completed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00099-02-3
              

A. 4390                             2

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.  Subdivision 1 of section 400.00 of the penal law, as amended  by
chapter 1 of the laws of 2013, 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 is not a fugitive
from justice; (e) who is not an unlawful user  of  or  addicted  to  any
controlled  substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States  under  a  nonimmigrant  visa
subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her
citizenship; (i) who has stated whether he or she has ever suffered  any
mental illness; (j) who has not been involuntarily committed to a facil-
ity  under  the  jurisdiction  of  an office of the department of mental
hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
article seven hundred thirty or section 330.20 of the criminal procedure
law,  section  four  hundred two or five hundred eight of the correction
law, section 322.2 or 353.4 of the family court act,  or  has  not  been
civilly  confined in a secure treatment facility pursuant to article ten
of the mental hygiene law; (k) who has not had a license revoked or  who
is  not under a suspension or ineligibility 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; (l) in the county of
Westchester, who has successfully completed a firearms safety course and
test as evidenced by a certificate 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  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, mainte-
nance and storage of a firearm; and (ii) persons who  were  licensed  to

A. 4390                             3

possess  a  pistol or revolver prior to the effective date of this para-
graph are not required to have completed a firearms  safety  course  and
test;  (m)  who has not had a guardian appointed for him or her pursuant
to any provision of state law, based on a determination that as a result
of  marked subnormal intelligence, mental illness, incapacity, condition
or disease, he or she lacks the mental capacity to  contract  or  manage
his  or her own affairs; [and] (n) WHO SUBMITS PROOF OF PERSONAL LIABIL-
ITY INSURANCE; AND (O) 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 3. 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; provided that the
amendments to subdivision 1 of section 400.00 of the penal law  made  by
section  two  of  this act shall take effect on the same date and in the
same manner as section 48 of chapter  1  of  the  laws  of  2013,  takes
effect.