Senate Bill S138A

2023-2024 Legislative Session

Relates to certifying instructors in small arms practice

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-S138 - Details

See Assembly Version of this Bill:
A6663
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.00, Pen L; amd §837, Exec L

2023-S138 - Summary

Relates to certifying instructors in small arms practice; provides that after December 31, 2026 individuals certified as an instructor in small arms practice shall seek recertification subject to the standards and curriculum promulgated by the division of criminal justice services.

2023-S138 - Sponsor Memo

2023-S138 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    138
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and the  executive  law,  in  relation  to
   removing  the  national  rifle  association  from the list of entities
   authorized to grant certificates as instructors in small arms practice
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  19  of  section  265.00 of the penal law, as
 amended by chapter 371 of the laws of 2022, is   amended   to   read  as
 follows:
   19. "Duly authorized instructor" means (a) a duly commissioned officer
 of  the United States army, navy, marine corps or coast guard, or of the
 national guard of the state of New York; [or] (b) a duly qualified adult
 citizen of the United States who has been granted a  certificate  as  an
 instructor in small arms practice issued by the United States army, navy
 or  marine  corps,  or  by the adjutant general of this state, or by the
 division of criminal justice services[, or by the national rifle associ-
 ation of America, a not-for-profit corporation duly organized under  the
 laws  of  this  state]; (c) by a person duly qualified and designated by
 the department of environmental conservation as its agent in the  giving
 of  instruction  and  the  making  of certifications of qualification in
 responsible hunting practices; or (d) a New  York  state  4-H  certified
 shooting sports instructor.
   §  2.  Subdivision 23 of section 837 of the executive law, as added by
 chapter 371 of the laws of 2022,  is  amended to read as follows:
   23. (a) In conjunction with the superintendent of [the] state  police,
 promulgate  policies  and  procedures  with regard to standardization of
 firearms safety training required under subdivision nineteen of  section
 400.00  of  the  penal  law,  which shall include the approval of course
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01873-01-3

co-Sponsors

2023-S138A (ACTIVE) - Details

See Assembly Version of this Bill:
A6663
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.00, Pen L; amd §837, Exec L

2023-S138A (ACTIVE) - Summary

Relates to certifying instructors in small arms practice; provides that after December 31, 2026 individuals certified as an instructor in small arms practice shall seek recertification subject to the standards and curriculum promulgated by the division of criminal justice services.

2023-S138A (ACTIVE) - Sponsor Memo

2023-S138A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  138--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  RYAN,  KAVANAGH,  CHU,  SALAZAR -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the penal law and the  executive  law,  in  relation  to
   certifying instructors in small arms practice
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 19 of section  265.00  of  the  penal  law,  as
 amended  by  chapter  371  of the laws of 2022, is  amended  to  read as
 follows:
   19. (A) "Duly authorized instructor" means [(a)] (I)  a  duly  commis-
 sioned  officer  of  the United States army, navy, marine corps or coast
 guard, or of the national guard of the state of New York; or [(b)]  (II)
 a duly qualified adult citizen of the United States who has been granted
 a  certificate  as  an  instructor  in small arms practice issued by the
 United States army, navy or marine corps, or by the adjutant general  of
 this state, [or by the division of criminal justice services,] or by the
 national rifle association of America, a not-for-profit corporation duly
 organized  under  the  laws  of this state; [(c)] (III) by a person duly
 qualified and designated by the department of environmental conservation
 as its agent in the giving of instruction  and  the  making  of  certif-
 ications  of  qualification  in  responsible hunting practices; or [(d)]
 (IV) a New York state 4-H certified shooting sports instructor.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, ANY CERTIFICATE
 AS AN INSTRUCTOR IN SMALL ARMS PRACTICE ISSUED TO  INDIVIDUALS  PURSUANT
 TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE VALID
 THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. AFTER SUCH DATE,
 INDIVIDUALS  CERTIFIED  AS AN INSTRUCTOR IN SMALL ARMS PRACTICE PURSUANT
 TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  THIS  SUBDIVISION  SHALL  SEEK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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Michael_Foti_1
9 months ago

As a Law Enforcement officer and instructor (including firearms) certified by DCJS. FLETC, NRA Law Enforcement Division, etc. I feel there are to many "Duly Authorized Instructors" in most counties. Most of these individuals have no training other than firearms safety training and minimal skills to teach people who want to learn how to shoot. Add the fact that they have no training in active shooter situations or training under stress or duress. There should be strict guidelines on the requirement for becoming an instructor and courses to approve civilian instructors along with specific materials they must use to train civilians. The qualification score should be higher as well. Requalification should also be required. We are allowing to many people to get small arms CCW permits without appropriate training because the instructors do not have appropriate training wither.

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