NY State Senate Bill 2019-S3354

Senate Bill S3354

2019-2020 Legislative Session

Relates to processing of firearms license applications for victims of domestic abuse who have been issued an order of protection

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Apr 03, 2019	notice of committee consideration - requested
Feb 06, 2019	referred to codes

2019-S3354 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3624
2023-2024: S1653

2019-S3354 (ACTIVE) - Summary

Directs the licensing authority in each county to process firearms license applications for victims of domestic abuse who have been issued an order of protection within 14 days of receiving the application.

2019-S3354 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3354

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law, in relation to processing of firearms
license applications for victims of domestic abuse who have been issued
an order of protection

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires expedited review of pistol permit applications for
victims of domestic abuse.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 amends Section 400.00 of the penal law to require that a
pistol permit application be reviewed within 14 days when a domestic
abuse victim provides proof of an order of protection.

Section 2 requires the Secretary of State to provide notice of this law

to each county's clerk. Section 3 sets the effective date.

 
JUSTIFICATION:

Anyone under an order of protection deserves the utmost protection
available to them under the law. While the orders themselves provide
some security, they are at their core only a piece of paper. Should an
individual decide to violate an order with malicious intent, there is
little the victim can do to protect themselves. An individual, who is
fearful and while being protected by an order of protection applies for
a pistol permit, should be able to have the protection afforded to them
having the permit and weapon provides immediately as the time frame for
having a license approved is long and leaves the individual vulnerable.

In 2015, New Jersey resident Carol Bowne had an order of protection
against her ex-boyfriend, but applied for a pistol permit for extra
protection. Two months after applying for her permit, she had still not
received a response to her application, and she was fatally stabbed by
her ex-boyfriend. Had her permit been expedited, Carol could've defended
herself from this violent attack.

Current NYS law requires an application to be processed within 6 months.
This bill would fast-track the review process so our most vulnerable
citizens can effectively defend themselves.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
14 days after becoming law.

2019-S3354 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3354
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  processing  of  firearms
   license  applications  for  victims  of  domestic  abuse who have been
   issued an order of protection

   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. (A) Processing of license applications. 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.
   (B) IN THE EVENT THAT AN APPLICANT IS AN INDIVIDUAL  PROTECTED  BY  AN
 ORDER OF PROTECTION ISSUED DUE TO SUCH PERSON BEING A VICTIM OF A FAMILY
 OFFENSE, AS DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMI-
 NAL  PROCEDURE LAW AND THE APPLICANT PRESENTS THE ORDER OF PROTECTION TO
 THE LICENSING OFFICER ON THE DATE OF PRESENTMENT, THE LICENSING  OFFICER
 SHALL  ACT  UPON  THE APPLICATION FOR A LICENSE PURSUANT TO THIS SECTION
 WITHIN FOURTEEN CALENDAR DAYS OF THE DATE  OF  PRESENTMENT  OF  SUCH  AN
 APPLICATION TO THE APPROPRIATE AUTHORITY.
   §  2.  On  the day this act become a law, the secretary of state shall
 send a copy of this law by mail to each county clerk in the state.
   § 3. This act shall take effect immediately; provided,  however,  that
 section one of this act shall take effect on the fourteenth day after it
 shall have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09428-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.