NY State Senate Bill 2023-S1653

Senate Bill S1653

2023-2024 Legislative Session

Relates to processing of firearms license applications for victims of domestic abuse who have been issued an order of protection

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Current 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 03, 2024	referred to codes
Jan 13, 2023	referred to codes

co-Sponsors

2023-S1653 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3354
2021-2022: S3624

2023-S1653 (ACTIVE) - Summary

Directs the licensing authority in each county to process firearms license applications for victims of domestic abuse who have been issued an order of protection within 14 days of receiving the application.

2023-S1653 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1653

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law, in relation to processing of firearms
license applications for victims of domestic abuse who have been issued
an order of protection

 
PURPOSE:

This bill requires expedited review of pistol permit applications for
victims of domestic abuse.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 amends Section 400.00 of the penal law to require that a
pistol permit application be reviewed within 14 days when a domestic
abuse victim provides proof of an order of protection.

Section 2 requires the Secretary of State to provide notice of this law
to each county's clerk.

Section 3 sets the effective date.

 
JUSTIFICATION:

Anyone under an order of protection deserves the utmost protection
available to them under the law. While the orders themselves provide
some security, they are at their core only a piece of paper. Should an
individual decide to violate an order with malicious intent, there is
little the victim can do to protect themselves. An individual, who is
fearful and while being protected by an order of protection applies for
a pistol permit, should be able to have the protection afforded to them
having the permit and weapon provides immediately as the time frame for
having a license approved is long and leaves the individual vulnerable.

In 2015, New Jersey resident Carol Bowne had an order of protection
against her ex-boyfriend, but applied for a pistol permit for extra
protection. Two months after applying for her permit, she had still not
received a response to her application, and she was fatally stabbed by
her ex-boyfriend. Had her permit been expedited, Carol could've defended
herself from this violent attack. Current NYS law requires an applica-
tion to be processed within 6 months. This bill would fast-track the
review process so our most vulnerable citizens can effectively defend
themselves.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 3624 Referred to Codes

2019-2020: S.3354; Referred to Codes

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
14 days after becoming law.

2023-S1653 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1653
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 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  processing  of  firearms
   license  applications  for  victims  of  domestic  abuse who have been
   issued an order of protection

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4-b  of  section 400.00 of the penal law, as
 amended by chapter 371 of the laws  of  2022,  is  amended  to  read  as
 follows:
   4-b.  Processing  of  license  applications.    (A)  Applications  for
 licenses shall be accepted for processing by the  licensing  officer  at
 the  time  of  presentment.  Except upon written notice to the applicant
 specifically stating the reasons for any delay, in each case the licens-
 ing officer shall act upon any application for  a  license  pursuant  to
 this  section  within  six  months of the date of presentment of such an
 application to the appropriate authority. Such delay  may  only  be  for
 good cause and with respect to the applicant. In acting upon an applica-
 tion,  the  licensing  officer  shall  either  deny  the application for
 reasons specifically and concisely stated in writing or grant the appli-
 cation and issue the license applied for.
   (B) IN THE EVENT THAT AN APPLICANT IS AN INDIVIDUAL  PROTECTED  BY  AN
 ORDER OF PROTECTION ISSUED DUE TO SUCH PERSON BEING A VICTIM OF A FAMILY
 OFFENSE, AS DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMI-
 NAL  PROCEDURE LAW AND THE APPLICANT PRESENTS THE ORDER OF PROTECTION TO
 THE LICENSING OFFICER ON THE DATE OF PRESENTMENT, THE LICENSING  OFFICER
 SHALL  ACT  UPON  THE APPLICATION FOR A LICENSE PURSUANT TO THIS SECTION
 WITHIN FOURTEEN CALENDAR DAYS OF THE DATE  OF  PRESENTMENT  OF  SUCH  AN
 APPLICATION TO THE APPROPRIATE AUTHORITY.
   §  2.  On the day this act becomes a law, the secretary of state shall
 send a copy of this law by mail to each county clerk in the state.
   § 3. This act shall take effect immediately; provided,  however,  that
 section one of this act shall take effect on the fourteenth day after it
 shall have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05598-01-3

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Senate Bill S1653

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Sponsored By

Robert G. Ortt