NY State Senate Bill 2023-S1657

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-S1657 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00 & 265.20, Pen L
Versions Introduced in 2021-2022 Legislative Session:: S8954

2023-S1657 (ACTIVE) - Summary

Provides that possession and use of a firearm in certain locations under the supervision, guidance and instruction of a qualified firearms instructor shall not be a crime.

2023-S1657 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1657

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law, in relation to qualified firearms
instructors

 
PURPOSE:

To authorize pre-license possession of a pistol or revolver at an indoor
or outdoor pistol range under the supervision of a qualified firearms
instructor.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 19 of section 265.00 of the Penal Law to
add qualified firearms instructor to the definition of "duly authorized
instructor".

Section 2 adds a new subdivision 33 to section 265.00 to define "quali-
fied firearms instructor.

Section 3 amends subdivision 7-b section 265.20 to authorize individuals
who have applied for a license to possess a pistol or revolver, but not
yet been approved for such license, to possess a pistol or revolver at a
pistol range under the supervision of a qualified firearms instructor.

 
JUSTIFICATION:

Individuals who have applied for a license to possess a pistol or a
revolver may currently possess a pistol or revolver at a firing range
for the purpose of fostering proficiency in small arms under the super-
vision, guidance and instruction of duly authorized instructors.  Under
current law, duly authorized instructor does not necessarily include all
instructors who have been certified by an entity approved by the Divi-
sion of Criminal Justice Services (DCJS) to grant such certification.
There are extensive requirements to qualify for a firearms instructor
course for certification, including the completion of the Basic Course
for Police Officers or Peace Officers, experience as a sworn law
enforcement officer and possession of a General Topics Instructor
Certification issued by DCJS.

These instructors are well-qualified to supervise and instruct those
seeking a pistol or revolver permit in the safe and proper handling of
firearms. Expanding the definition of duly authorized instructors to
include sworn law enforcement officers holding certificates from
DCJS-approved entities will create more opportunities for pistol and
revolver license applicants to learn, in a practical setting, about how
to safely handle and use a firearm.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 8954 Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1657 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1657
 
                        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  qualified  firearms
   instructors
 
   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  150  of  the  laws  of 2020, 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
 national rifle association 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 under
 paragraph c of subdivision three of section 11-0713 of the environmental
 conservation law as its agent in  the  giving  of  instruction  and  the
 making  of  certifications of qualification in responsible hunting prac-
 tices; [or] (d) a New York state 4-H certified shooting sports  instruc-
 tor; OR (E) A QUALIFIED FIREARMS INSTRUCTOR.
   §  1-a.  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05698-01-3

 S. 1657                             2
 
 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 respon-
 sible hunting practices; [or] (d) a New York state 4-H certified  shoot-
 ing sports instructor; OR (E) A QUALIFIED FIREARMS INSTRUCTOR.
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 36 to read as follows:
   36.  "QUALIFIED  FIREARMS  INSTRUCTOR" MEANS AN INDIVIDUAL WHO HOLDS A
 CERTIFICATE AS A FIREARMS INSTRUCTOR FROM AN ASSOCIATION OR ORGANIZATION
 RECOGNIZED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   § 3. Paragraph 7-b of subdivision a of section  265.20  of  the  penal
 law,  as  amended by chapter 511 of the laws of 2014, is amended to read
 as follows:
   7-b. Possession and use, at an indoor or outdoor pistol range  located
 in  or on premises owned or occupied by a duly incorporated organization
 organized for conservation purposes or to foster  proficiency  in  small
 arms or at a target pistol shooting competition under the auspices of or
 approved  by  the  national rifle association for the purpose of loading
 and firing the same, by a person  who  has  applied  for  a  license  to
 possess a pistol or revolver and pre-license possession of same pursuant
 to section 400.00 or 400.01 of this chapter, who has not been previously
 denied  a  license,  been  previously  convicted  of a felony or serious
 offense, and who does not appear to be, or pose a threat to be, a danger
 to himself or to others, and who has been approved  for  possession  and
 use  herein in accordance with section 400.00 or 400.01 of this chapter;
 provided however, that such possession shall be of a pistol or  revolver
 duly  licensed  to and shall be used under the supervision, guidance and
 instruction of, a person specified in paragraph seven of  this  subdivi-
 sion, OR A QUALIFIED FIREARMS INSTRUCTOR, and provided further that such
 possession  and  use be within the jurisdiction of the licensing officer
 with whom the person has made application therefor or within the  juris-
 diction  of  the superintendent of state police in the case of a retired
 sworn member of the division of state police who has opted  to  make  an
 application pursuant to section 400.01 of this chapter.
   §  4. This act shall take effect immediately; provided that the amend-
 ments to subdivision 19 of section 265.00  of  the  penal  law  made  by
 section  one-a of this act shall take effect on the same date and in the
 same manner as chapter 371 of the laws of 2022, takes effect.

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Senate Bill S1657

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S1657 (ACTIVE) - Details

2023-S1657 (ACTIVE) - Summary

2023-S1657 (ACTIVE) - Sponsor Memo

2023-S1657 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1657

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Sponsored By

Robert G. Ortt

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Andrew J. Lanza

Peter Oberacker

2023-S1657 (ACTIVE) - Details

2023-S1657 (ACTIVE) - Summary

2023-S1657 (ACTIVE) - Sponsor Memo

2023-S1657 (ACTIVE) - Bill Text download pdf

Comments