NY State Senate Bill 2023-S1655

Senate Bill S1655

2023-2024 Legislative Session

Requires a written determination to be made, on each application for issuance or renewal of a license to carry or possess a pistol or revolver, within 180 days of receipt

download bill text pdf

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-S1655 (ACTIVE) - Details

See Assembly Version of this Bill:: A6853
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7737
2017-2018: S451
2019-2020: S931, S4680
2021-2022: S3627

2023-S1655 (ACTIVE) - Summary

Requires a written determination to be made, on each application for issuance or renewal of a license to carry or possess a pistol or revolver, within 180 days of receipt; requires refund of all fees submitted with such application if a determination is not made in a timely manner.

2023-S1655 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1655

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law, in relation to requiring application for
a license to carry or possess a pistol or revolver to be acted upon
within 180 days of the receipt thereof

 
PURPOSE:

The bill is designed to provide an incentive for the timely processing
of license applications pursuant to Section 400 of the penal law.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 400 of the penal law to provide that an appli-
cation for the issuance or renewal of a license to carry a pistol or
revolver shall be issued or denied by a written determination of the
licensing officer within 180 days from the receipt of the application by
the appropriate county or city. If such notice is not provided within
180 days, all fees and charges associated with the submission of the

license application shall be refunded to the applicant.

Section 2 provides that this act shall take effect 30 days after enact-
ment.

 
JUSTIFICATION:

Someone who applies for a license to carry or possess a handgun pursuant
to the Penal Law completes an application and undergoes a rigorous and
thorough background investigation that will include collection of fing-
erprints, references, and other personal information. With advances in
the sharing of electronic information, including criminal history
checks, an individual should not have to wait an undue period of time
before obtaining a license to possess a hand gun. Unfortunately, there
have been numerous reported delays in this process that result in
inaction upon a license application taking well over a year with no
justification provided for the delay.  This bill will help to ensure
that those who wish to assert their second amendment rights are not
unduly hindered.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 3627 Referred to Codes

2019-2020: S.4680 Referred to Codes

2017,2018: S.451 REFERRED TO CODES

2016: S.7737 REFERRED TO CODES

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect 30 after it shall have become law.

2023-S1655 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1655
 
                        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 requiring application  for
   a  license  to  carry or possess a pistol or revolver to be acted upon
   within 180 days of the receipt thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of subdivision 3 of section 400.00 of the
 penal law, as amended by chapter 212 of the laws of 2022, is amended  to
 read as follows:
   (a)  (I)  Applications  shall  be  made  and renewed, in the case of a
 license to carry or possess a pistol or revolver or to purchase or  take
 possession  of  a  semiautomatic  rifle, to the licensing officer in the
 city or county, as the case may be,  where  the  applicant  resides,  is
 principally  employed  or  has his or her principal place of business as
 merchant or storekeeper; and, in the case of a license  as  gunsmith  or
 dealer  in  firearms, to the licensing officer where such place of busi-
 ness is located. Blank applications shall, except in  the  city  of  New
 York,  be  approved as to form by the superintendent of state police. An
 application shall state the full name, date of birth, residence, present
 occupation of each person or individual signing the same, whether or not
 he or she is a citizen of the United States, whether or not  he  or  she
 complies  with each requirement for eligibility specified in subdivision
 one of this section and such other facts as may be required to show  the
 good  character,  competency  and integrity of each person or individual
 signing the application. An application shall be signed and verified  by
 the  applicant.  Each individual signing an application shall submit one
 photograph of himself or herself and a duplicate for each required  copy
 of the application. Such photographs shall have been taken within thirty
 days  prior  to filing the application. In case of a license as gunsmith
 or dealer in firearms, the photographs submitted  shall  be  two  inches
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05599-01-3

 S. 1655                             2
 
 square,  and the application shall also state the previous occupation of
 each individual signing the same and the location of the place  of  such
 business,  or  of the bureau, agency, subagency, office or branch office
 for  which  the license is sought, specifying the name of the city, town
 or village, indicating the street and number and otherwise  giving  such
 apt description as to point out reasonably the location thereof. In such
 case,  if the applicant is a firm, partnership or corporation, its name,
 date and place of formation, and principal place of  business  shall  be
 stated.  For  such  firm or partnership, the application shall be signed
 and verified by each individual composing or intending  to  compose  the
 same, and for such corporation, by each officer thereof.
   (II)  IN THE CASE OF EACH APPLICATION FOR THE ISSUANCE OR RENEWAL OF A
 LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER, THE LICENSING  OFFICER
 SHALL  PROVIDE WRITTEN NOTICE TO THE APPLICANT OF THE APPROVAL OR DENIAL
 OF SUCH APPLICATION WITHIN ONE HUNDRED EIGHTY DAYS OF THE RECEIPT OF THE
 APPLICATION BY THE APPROPRIATE COUNTY OR CITY. IN THE EVENT SUCH  NOTICE
 IS NOT PROVIDED WITHIN ONE HUNDRED EIGHTY DAYS, THE COUNTY OR CITY SHALL
 PROVIDE  TO  THE  APPLICANT, A REFUND OF ALL FEES AND CHARGES ASSOCIATED
 WITH THE SUBMISSION OF THE APPLICATION, UNLESS THE  FAILURE  TO  PROVIDE
 TIMELY  NOTICE  WAS DUE TO A FACTOR OR FACTORS BEYOND THE CONTROL OF THE
 CITY OR COUNTY AND THE LICENSING OFFICER.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S1655

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Sponsored By

Robert G. Ortt