NY State Senate Bill 2019-S4680

Senate Bill S4680

2019-2020 Legislative Session

Requires a written determination to be made, on each application for issuance or renewal of a license to carry or possess a pistol or revolver, within 180 days of receipt

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Mar 20, 2019	referred to codes

2019-S4680 (ACTIVE) - Details

See Assembly Version of this Bill:: A5011
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7737
2017-2018: S451, A9917
2021-2022: S3627
2023-2024: S1655

2019-S4680 (ACTIVE) - Summary

Requires a written determination to be made, on each application for issuance or renewal of a license to carry or possess a pistol or revolver, within 180 days of receipt; requires refund of all fees submitted with such application if a determination is not made in a timely manner.

2019-S4680 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4680

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the penal law, in relation to requir-
ing application for a license to carry or possess a pistol or revolver
to be acted upon within 180 days of the receipt thereof

 
PURPOSE:

The bill is designed to provide an incentive for the timely processing
of license applications pursuant to Section 400 of the penal law.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 400 of the penal law to provide that an appli-
cation for the issuance or renewal of a license to carry a pistol or
revolver shall be issued or denied by a written determination of the
licensing officer within 180 days from the receipt cif the application
by the appropriate county or city.

If such notice is not provided within 180 days, all fees and charges

associated with the submission of the license application shall be
refunded to the applicant.

Section 2 provides that this act shall take effect 30 days after enact-
ment.

 
JUSTIFICATION:

Someone who applies for a license to carry or possess a handgun pursuant
to the Penal Law completes an application and undergoes a rigorous and
thorough background investigation that will include collection of fing-
erprints, references, and other personal information. With advances in
the sharing of electronic information, including criminal history
checks, an individual should not have to wait an undue period of time
before obtaining a license to possess a hand gun. Unfortunately, there
have been numerous reported delays in this process that result in
inaction upon a license application taking well over a year with no
justification provided for the delay.

This bill will help to ensure that those who wish to assert their second
amendment rights are not unduly hindered.

 
LEGISLATIVE HISTORY:

2017,2018: S.451 REFERRED TO CODES
2016: S.7737 REFERRED TO CODES

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 30 after it shall have become law.

2019-S4680 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4680
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 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 requiring application  for
   a  license  to  carry or possess a pistol or revolver to be acted upon
   within 180 days of the receipt thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of subdivision 3 of section 400.00 of the
 penal law, as amended by chapter 1 of the laws of 2013,  is  amended  to
 read as follows:
   (a)  (I)  Applications  shall  be  made  and renewed, in the case of a
 license to carry or possess a pistol or revolver, to the licensing offi-
 cer in the city or county, as the  case  may  be,  where  the  applicant
 resides,  is  principally  employed or has his or her principal place of
 business as merchant or storekeeper; and, in the case of  a  license  as
 gunsmith  or  dealer  in  firearms,  to the licensing officer where such
 place of business is located. Blank applications shall,  except  in  the
 city  of New York, be approved as to form by the superintendent of state
 police. An application shall state the full name, date of  birth,  resi-
 dence, present occupation of each person or individual signing the same,
 whether  or  not he or she is a citizen of the United States, whether or
 not he or she complies with each requirement for  eligibility  specified
 in  subdivision  one  of  this  section  and  such other facts as may be
 required to show the good character, competency and  integrity  of  each
 person  or  individual  signing the application. An application shall be
 signed and verified by the applicant. Each individual signing an  appli-
 cation shall submit one photograph of himself or herself and a duplicate
 for  each  required copy of the application. Such photographs shall have
 been taken within thirty days prior to filing the application.  In  case
 of  a license as gunsmith or dealer in firearms, the photographs submit-
 ted shall be two inches square, and the application shall also state the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03021-01-9

 S. 4680                             2
 
 previous occupation of each individual signing the same and the location
 of the place of such business, or  of  the  bureau,  agency,  subagency,
 office  or branch office for which the license is sought, specifying the
 name  of the city, town or village, indicating the street and number and
 otherwise giving such apt description as to  point  out  reasonably  the
 location  thereof. In such case, if the applicant is a firm, partnership
 or corporation, its name, date and place  of  formation,  and  principal
 place  of  business  shall  be stated. For such firm or partnership, the
 application shall be signed and verified by each individual composing or
 intending to compose the same, and for such corporation, by each officer
 thereof.
   (II) IN THE CASE OF EACH APPLICATION FOR THE ISSUANCE OR RENEWAL OF  A
 LICENSE  TO CARRY OR POSSESS A PISTOL OR REVOLVER, THE LICENSING OFFICER
 SHALL PROVIDE WRITTEN NOTICE TO THE APPLICANT OF THE APPROVAL OR  DENIAL
 OF SUCH APPLICATION WITHIN ONE HUNDRED EIGHTY DAYS OF THE RECEIPT OF THE
 APPLICATION  BY THE APPROPRIATE COUNTY OR CITY. IN THE EVENT SUCH NOTICE
 IS NOT PROVIDED WITHIN ONE HUNDRED EIGHTY DAYS, THE COUNTY OR CITY SHALL
 PROVIDE TO THE APPLICANT, A REFUND OF ALL FEES  AND  CHARGES  ASSOCIATED
 WITH  THE  SUBMISSION  OF THE APPLICATION, UNLESS THE FAILURE TO PROVIDE
 TIMELY NOTICE WAS DUE TO A FACTOR OR FACTORS BEYOND THE CONTROL  OF  THE
 CITY OR COUNTY AND THE LICENSING OFFICER.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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