NY State Senate Bill 2017-S3961

Senate Bill S3961

2017-2018 Legislative Session

Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only

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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 03, 2018	referred to codes
Jan 31, 2017	referred to codes

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2017-S3961 (ACTIVE) - Details

See Assembly Version of this Bill:: A3250
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7910
2011-2012: S2361
2013-2014: S3031
2015-2016: S2614, A6614
2019-2020: S3931
2021-2022: S5361

2017-S3961 (ACTIVE) - Summary

Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only.

2017-S3961 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3961

 TITLE OF BILL :  An act to amend the penal law, in relation to
restrictions imposed by statute regarding the carrying of concealed
weapons

 PURPOSE :

To clarify and restate uniform requirements for the licensing of
individuals to carry and possess pistols and handguns across the
state.

 SUMMARY OF PROVISIONS :

In section 2, bill amends § 400.00 of the Penal Law to make only
restrictions imposed by statute applicable to the licensing of
handguns in New York. Section 3 provides the effective date.

 EXISTING LAW :

Although not specifically authorized by statute, some licensing
officers may impose certain time, place, and use restrictions on
pistol and handgun licenses in New York State on a county by county
basis. Such restrictions include "hunting and target shooting," "valid
only during daylight hours," "valid only if carrying X amount of
cash;" and so on. In short, licensing officers have, without

legislative authority, created new classes and versions of pistol
licenses not contemplated by statute. The result is a "patchwork
quilt" effect of licensing throughout the state, with certain
licensing officers imposing additional restrictions not authorized by
law and some imposing none. In an effort to make the licensing
requirements uniform throughout New York, this bill will prohibit
county licensing officers from imposing extra-legal restrictions.

 JUSTIFICATION :

Currently, handgun licensees from different counties may be subject to
assorted sets of rules. Confusion may be created regarding compliance
and enforcement of restrictions imposed by each county licensing
officer. Varying restrictions provide a problem for law enforcement
officers as well. The process as it presently operates is
fundamentally unjust and unfair, and can result in inadvertent
noncompliance and litigation. Since state pistol licensing is a
creature of statute, this bill allows county licensing officers to
apply only those restrictions expressly imposed by the legislature.
The state standard for a handgun license is that without restrictions
imposed on an ad hoc basis.

 LEGISLATIVE HISTORY :

S.7910/A.5590 of 2009-10
S.2361/A.5117 of 2011-12
S.3031/A.6622 of 2013-14
S.2614/A.6614 of 2015-16

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after is shall have
become a law.

2017-S3961 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3961
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2017
                                ___________
 
 Introduced  by  Sens. SEWARD, AMEDORE, BOYLE, CROCI, DeFRANCISCO, FUNKE,
   GRIFFO, LARKIN, MARCHIONE, ORTT, RANZENHOFER, RITCHIE, SERINO --  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02066-01-7

 S. 3961                             2
 
 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  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.

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