S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3553
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to permitting security guards
   and private investigators licensed to possess or carry  a  firearm  to
   possess  and  carry  such firearm in New York City without obtaining a
   special permit from the police commissioner of the city of New York
 
   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 212 of the laws  of  2022,  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 premises.
 A  license  to  carry or possess a pistol or revolver, or to purchase or
 take possession of a semiautomatic rifle, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08399-01-3
              

 A. 3553                             2
 
 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
 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 ; OR PROVIDED THAT
 (F) THE LICENSEE IS A SPECIAL ARMED GUARD DULY REGISTERED  AND  IN  GOOD
 STANDING WITH THE DEPARTMENT OF STATE PURSUANT TO ARTICLE SEVEN-A OF THE
 GENERAL  BUSINESS LAW, OR IS A PRIVATE INVESTIGATOR DULY LICENSED AND IN
 GOOD STANDING WITH THE DEPARTMENT OF STATE PURSUANT TO ARTICLE SEVEN  OF
 THE  GENERAL  BUSINESS  LAW. 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 inconsistent 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 revolver in the licensee's dwelling or place  of
 business  pursuant  to  paragraph  (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.  This  act shall take effect on the thirtieth day after it shall
 have become a law.