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

                                  1202

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation  to  licenses  to  carry  and
  possess firearms for retired police officers

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

  Section 1. Subdivision 4-a of section 400.00  of  the  penal  law,  as
added by chapter 233 of the laws of 1980, is amended to read as follows:
  4-a. Processing of license applications. (A) Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment.  Except  upon  written notice to the applicant specifically
stating the reasons for any delay, in each case  the  licensing  officer
shall  act  upon  any application for a license pursuant to this section
within six months of the date of presentment of such an  application  to
the  appropriate  authority.  Such  delay may only be for good cause and
with respect to the  applicant.  In  acting  upon  an  application,  the
licensing  officer shall either deny the application for reasons specif-
ically and concisely stated in writing  or  grant  the  application  and
issue  the license applied for.  A RETIRED POLICE OFFICER WHO SUBMITS AN
APPLICATION CONTAINING A  CERTIFICATION  OR  ATTESTATION  FROM  THE  LAW
ENFORCEMENT  AGENCY  OR  DEPARTMENT FROM WHICH HE OR SHE RETIRED IN GOOD
STANDING, SHALL BE PRESUMPTIVE EVIDENCE AS TO THE FITNESS AND QUALIFICA-
TION TO CARRY AND POSSESS FIREARMS. THE LICENSING AUTHORITY WITH  JURIS-
DICTION  IN  THE  COUNTY  OR  CITY  HAVING A POPULATION OF LESS THAN ONE
MILLION, SHALL ISSUE A LICENSE TO CARRY AND POSSESS A PISTOL OR REVOLVER
PURSUANT TO THIS SECTION WITHIN SIXTY DAYS OF A RETIRED  POLICE  OFFICER
APPLICANT'S  SUBMISSION AND SUCH LICENSE SHALL AUTHORIZE THE LICENSEE TO
CARRY AND POSSESS FIREARMS IN EVERY COUNTY AND CITY IN THIS STATE.
  (B) FOR THE PURPOSES OF THIS SECTION, "RETIRED POLICE  OFFICER"  SHALL
MEAN  A  FORMER POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF

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

                                                           LBD00388-01-3

A. 1202                             2

SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO UPON SEPARATION  FROM  A
LAW ENFORCEMENT AGENCY OR DEPARTMENT WAS IMMEDIATELY ENTITLED TO RECEIVE
RETIREMENT  BENEFITS  UNDER  THE PROVISIONS OF THE RETIREMENT AND SOCIAL
SECURITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S 2. This act shall take effect immediately.