S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7752
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the penal law, in relation to the transport of pistols
   or revolvers by licensees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  6  of  section  400.00  of the penal law, as
 amended by chapter 318 of the laws  of  2002,  is  amended  to  read  as
 follows:
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance.    No  license shall be transferable to any other person or prem-
 ises. A license to carry or possess a pistol or revolver, not  otherwise
 limited as to place or time of possession, shall be effective throughout
 the  state,  except  that the same shall not be valid within the city of
 New York unless a special permit granting  validity  is  issued  by  the
 police commissioner of that city. Such license to carry or possess shall
 be  valid  within the city of New York in the absence of a permit issued
 by the police commissioner of that city, provided that (a) the  firearms
 covered by such license have been purchased from a licensed dealer with-
 in  the  city  of  New  York  and are being transported out of said city
 forthwith and immediately from said dealer by the licensee in  a  locked
 container  during  a continuous and uninterrupted trip; or provided that
 (b) the firearms covered by such license are being  transported  by  the
 licensee in a locked container and the trip through the city of New York
 is  continuous  and  uninterrupted;  or  provided  that (c) the firearms
 covered by such license are  carried  by  armored  car  security  guards
 transporting  money  or  other valuables, in, to, or from motor vehicles
 commonly known as armored cars, during the course of  their  employment;
 or  provided that (d) the licensee is a retired police officer as police
 officer is defined pursuant to subdivision thirty-four of  section  1.20

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

                                                            LBD11086-02-9

 A. 7752                             2
 
 of the criminal procedure law or a retired federal law enforcement offi-
 cer,  as  defined in section 2.15 of the criminal procedure law, who has
 been issued a license by an authorized licensing officer as  defined  in
 subdivision  ten  of  section 265.00 of this chapter; provided, further,
 however, that if such license was not issued in the city of New York  it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the  license  shall  be  deemed  to  permit  only  police or federal law
 enforcement regulations weapons; or provided that (e) the licensee is  a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal  procedure law and the license, if issued by other than the city of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such case the exemption shall apply only to the firearm issued  to  such
 licensee  by  the  department  of  taxation  and  finance.  A license as
 gunsmith or dealer in firearms shall not be valid outside  the  city  or
 county, as the case may be, where issued. NOTWITHSTANDING ANY INCONSIST-
 ENT  PROVISION OF STATE OR LOCAL LAW OR RULE OR REGULATION, THE PREMISES
 LIMITATION SET FORTH IN ANY LICENSE TO HAVE  AND  POSSESS  A  PISTOL  OR
 REVOLVER  IN  THE  LICENSEE'S  DWELLING OR PLACE OF BUSINESS PURSUANT TO
 PARAGRAPH (A) OR (B) OF  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL  NOT
 PREVENT THE TRANSPORT OF SUCH PISTOL OR REVOLVER DIRECTLY TO OR FROM (I)
 ANOTHER DWELLING OR PLACE OF BUSINESS OF THE LICENSEE WHERE THE LICENSEE
 IS  AUTHORIZED  TO  HAVE  AND  POSSESS  SUCH PISTOL OR REVOLVER, (II) AN
 INDOOR OR OUTDOOR SHOOTING RANGE THAT IS AUTHORIZED BY LAW TO OPERATE AS
 SUCH, (III) A SHOOTING COMPETITION AT WHICH  THE  LICENSEE  MAY  POSSESS
 SUCH  PISTOL OR REVOLVER CONSISTENT WITH THE PROVISIONS OF SUBDIVISION A
 OF SECTION 265.20 OF THIS CHAPTER OR CONSISTENT WITH THE LAW  APPLICABLE
 AT  THE  PLACE OF SUCH COMPETITION, OR (IV) ANY OTHER LOCATION WHERE THE
 LICENSEE IS LAWFULLY AUTHORIZED TO  HAVE  AND  POSSESS  SUCH  PISTOL  OR
 REVOLVER;  PROVIDED  HOWEVER,  THAT  DURING  SUCH TRANSPORT TO OR FROM A
 LOCATION SPECIFIED IN CLAUSES (I) THROUGH (IV) OF  THIS  PARAGRAPH,  THE
 PISTOL  OR REVOLVER SHALL BE UNLOADED AND CARRIED IN A LOCKED CONTAINER,
 AND THE  AMMUNITION  THEREFOR  SHALL  BE  CARRIED  SEPARATELY;  PROVIDED
 FURTHER,  HOWEVER, THAT A LICENSE TO HAVE AND POSSESS A PISTOL OR REVOL-
 VER IN THE LICENSEE'S DWELLING OR PLACE OF BUSINESS  PURSUANT  TO  PARA-
 GRAPH  (A) OR (B) OF SUBDIVISION TWO OF THIS SECTION THAT IS ISSUED BY A
 LICENSING OFFICER OTHER THAN THE POLICE COMMISSIONER OF THE CITY OF  NEW
 YORK SHALL NOT AUTHORIZE TRANSPORT OF A PISTOL OR REVOLVER INTO THE CITY
 OF  NEW  YORK  IN  THE  ABSENCE OF WRITTEN AUTHORIZATION TO DO SO BY THE
 POLICE COMMISSIONER OF THAT CITY. THE TERM "LOCKED CONTAINER" SHALL  NOT
 INCLUDE THE GLOVE COMPARTMENT OR CONSOLE OF A VEHICLE.
   §  2.  Severability.  If  any clause, sentence, paragraph, section, or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph, section, or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 3. This act shall take effect immediately.