NY State Senate Bill 2021-S5361

Senate Bill S5361

2021-2022 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 05, 2022	referred to codes
Mar 03, 2021	referred to codes

co-Sponsors

2021-S5361 (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
2019-2020: S3931

2021-S5361 (ACTIVE) - Summary

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

2021-S5361 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5361

SPONSOR: OBERACKER
 
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
S.3931 of 2019-2020

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S5361 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5361
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- 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:
 (i)  any single shot, muzzle loading pistol with a matchlock, flintlock,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10087-01-1

 S. 5361                             2
 
 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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Senate Bill S5361

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Sponsored By

Peter Oberacker