NY State Senate Bill 2017-S8085

Senate Bill S8085

2017-2018 Legislative Session

Authorizes, in the county of Chautauqua, the possession of a pistol or revolver while attending a firearms familiarity course conducted by a law enforcement agency

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 27, 2018	referred to codes

2017-S8085 (ACTIVE) - Details

See Assembly Version of this Bill:: A10312
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5422
2021-2022: A4960
2023-2024: A1915

2017-S8085 (ACTIVE) - Summary

Authorizes, in the county of Chautauqua, the possession of a pistol or revolver while attending a firearms familiarity, safety, loading and firing course conducted by a law enforcement agency.

2017-S8085 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8085

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the penal law, in relation to authorizing the possession
in the county of Chautauqua of a pistol or revolver while attending a
firearms familiarity, safety, loading and firing course conducted by a
law enforcement agency; and providing for the repeal of such provisions
upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes, in the county of Chautauqua, the possession of a pistol or
revolver while attending a firearms familiarity course conducted by a
law enforcement agency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subdivision a of section 265.20 of the penal law by
adding a new paragraph 7-g.

Section 2. Provides that the act shall take effect ninety days after
becoming law and expire on June 1, 2021.

 
JUSTIFICATION:

Currently, Chautauqua County requires that all pistol permit applicants
must attend a standardized pistol safety course prior to the approval of
their permit. Safety classes are taught by various instructors, all of
whom have been approved by the issuing judge.  Such instructors teach
from a standardized curriculum and are periodically evaluated by outside
assessors. As part of this training session, the applicants are required
to safely handle a handgun and must also shoot the firearm under close
supervision from the instructor.

Current statute under New York State Penal Law section 265.20 is limit-
ing and prevents persons such as police officers, who are certified as
firearms instructors through the New York State Division of Criminal
Justice Services, from allowing pre-license pistol permit applicants to
possess a firearm under their supervision for training purposes.

This legislation allows pistol permit applicants in the county of Chau-
tauqua to take a firearms familiarity, safety, loading and firing course
conducted by the Chautauqua County Sheriff's Department.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law, and shall expire and be deemed repealed June 1, 2021.

2017-S8085 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8085
 
                             I N  S E N A T E
 
                              March 27, 2018
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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 authorizing the possession
   in the county of Chautauqua of a pistol or revolver while attending  a
   firearms familiarity, safety, loading and firing course conducted by a
   law   enforcement  agency;  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 265.20 of the penal law is amended
 by adding a new paragraph 7-g to read as follows:
   7-G. POSSESSION OF A PISTOL OR REVOLVER BY A PERSON WHO HAS APPLIED TO
 THE  APPROPRIATE LICENSING OFFICER IN CHAUTAUQUA COUNTY FOR A LICENSE TO
 POSSESS A PISTOL OR REVOLVER AND WHO APPEARS TO BE ELIGIBLE  TO  RECEIVE
 SUCH LICENSE PURSUANT TO SUBDIVISION ONE OF SECTION 400.00 OF THIS CHAP-
 TER AND WHERE SUCH POSSESSION IS: (I) OF A PISTOL OR REVOLVER OWNED BY A
 LOCAL  LAW  ENFORCEMENT AGENCY; AND (II) AT A FIREARMS TRAINING FACILITY
 OPERATED BY SUCH  AGENCY  WHILE  UNDER  THE  SUPERVISION,  GUIDANCE  AND
 INSTRUCTION  OF  A POLICE OFFICER DURING A FIREARMS FAMILIARITY, SAFETY,
 LOADING AND FIRING COURSE CONDUCTED BY SUCH AGENCY;  PROVIDED,  HOWEVER,
 THAT THIS PARAGRAPH SHALL ONLY APPLY IN CHAUTAUQUA COUNTY AND ONLY WHERE
 SUCH  COUNTY  OPTS BY LOCAL LAW TO REQUIRE SUCH A COURSE BEFORE A PERSON
 MAY BE ISSUED A LICENSE PURSUANT TO  SECTION  400.00  OF  THIS  CHAPTER.
 PRIOR  TO  A COURSE BEING CONDUCTED BY A LAW ENFORCEMENT AGENCY PURSUANT
 TO THIS PARAGRAPH, SUCH COURSE SHALL BE APPROVED BY  THE  SUPERINTENDENT
 OF  THE  STATE  POLICE  AND SHALL BE PERIODICALLY REVIEWED BY THE SUPER-
 INTENDENT FOR COMPLIANCE WITH  APPLICABLE  RULES  AND  REGULATIONS.  ANY
 COURSE  CONDUCTED PURSUANT TO THIS PARAGRAPH SHALL ONLY BE OPERATED BY A
 LAW ENFORCEMENT AGENCY AND SHALL NOT BE DELEGATED  OR  ASSIGNED  TO  ANY
 THIRD  PARTY PERSONS OR ENTITIES. THE SUPERINTENDENT OF THE STATE POLICE
 SHALL PROMULGATE RULES  AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THE
 PURPOSES  OF  THIS  PARAGRAPH INCLUDING STANDARDS FOR THE OPERATION OF A
 FIREARMS FAMILIARITY, SAFETY, LOADING AND FIRING COURSE. NOTHING IN THIS
 PARAGRAPH SHALL BE READ TO REQUIRE APPROVAL OF THE SUPERINTENDENT OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14083-01-8

 S. 8085                             2

 STATE POLICE FOR ANY FIREARMS SAFETY COURSE OPERATED BY LAW  ENFORCEMENT
 OR  THIRD PARTY INDIVIDUALS OR ENTITIES THAT DOES NOT INCLUDE THE HANDL-
 ING, LOADING OR FIRING OF A PISTOL OR REVOLVER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law, and shall expire and be deemed repealed June 1, 2021.

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