NY State Senate Bill 2019-S3931

Senate Bill S3931

2019-2020 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 08, 2020	referred to codes
Feb 21, 2019	referred to codes

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2019-S3931 (ACTIVE) - Details

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
2017-2018: S3961
2021-2022: S5361

2019-S3931 (ACTIVE) - Summary

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

2019-S3931 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3931

SPONSOR: SEWARD
 
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 indi-
viduals 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 hand-
gun 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 through-
out 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 offi-
cer. 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
S.3961/A.3259 of 2017-18

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately.

2019-S3931 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3931
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by Sens. SEWARD, AMEDORE, GALLIVAN, GRIFFO, HELMING, JORDAN,
   RANZENHOFER, TEDISCO -- 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,
 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.

                                                            LBD09210-01-9

 S. 3931                             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.

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