S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3250
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI, LUPARDO, MAGEE, WOERNER, BUTLER, BRABE-
   NEC,  HAWLEY,  LOPEZ, McDONALD, STEC -- Multi-Sponsored by -- M. of A.
   SCHIMMINGER -- read once and referred 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02066-01-7

 A. 3250                             2
 
 (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  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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.