BILL NUMBER: S4470

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law, in relation to reciprocity for pistol
permit applications for military personnel

 
PURPOSE:

To provide reciprocity for pistol permit applications for military
personnel

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 4-a of § 400.00 of the Penal Law to
provide, an application for a pistol permit license by any active member
of the Armed Forces of the United States must be acted upon by the
licensing officer within 60 days of the date of submission of such
application provided that the application is supported by appropriate
documentation proving that the applicant is an active member of the
military and is duly licensed to carry a pistol or firearm by another
              

jurisdiction within the United States. Nothing shall proscribe the issu-
ing of such a license so long as the armed forces applicant submits the
appropriate documentation accompanying the application and submits proof
of a previously obtained license issued by another state.

Section 2 amends the Penal Law by adding a new section establishing
pistol license reciprocity for military personnel when that individual
is a member of an active or reserve component of the armed forces of the
United State and is also duly licensed to carry a pistol or firearm by
another jurisdiction within the United States.  This enables such indi-
vidual to carry a pistol or firearm within New York State for a period
of time not exceeding 90 days while the applicant's New York pistol
license application is pending.

Section 3 is the effective date.

 
EXISTING LAW:

Article 400 of the Penal Law pertains to licensing and other provisions
related to firearms. Section 400.00 provides the requirements for
licenses to carry, possess, repair and dispose of firearms.

Currently, subdivision 4-a of this section provides, 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.

 
JUSTIFICATION:


As members of the Profession of Arms, many soldiers own and maintain
personal firearms and over the course of a career, these soldiers will
be assigned to multiple installations in many different states, each
with its own laws regarding firearm ownership and use.  Transporting
these items and applying for separate licenses following each new
assignment is burdensome. This legislation alleviates much of that
burden for our military personnel who are relocated to New York. The
bill authorizes state recognition, or reciprocity, of pistol or firearm
licenses from other states during the New York pistol permit application
process, requires that the licensing officer act upon such pistol
license applications by a member of the military within 60 days of the
application's submission, and establishes that nothing shall proscribe
the issuance of such a license so long as the armed forces applicant
submits the appropriate documentation accompanying the application and
submits proof of a previously obtained license issued by another state.

Currently, soldiers owning a weapon properly permitted in another state
jurisdiction must meet federally licensed shipping requirements when
transporting that weapon into New York State. Until the soldier receives
his or her permit in New York State the weapon may not be carried,
transported or used by the soldier. Although Soldiers are fully trained
in marksmanship during duty hours, these soldiers are prohibited from
using their personal weapon on installation recreational ranges during
off-duty hours. This severely limits their ability to further hone their
marksmanship skills.

Ensuring that no military personnel are found in violation of New York
State pistol permit licensing laws is necessary. But requiring these
soldiers to wait over a year for a New York State issued permit is
untenable. By providing for firearm license reciprocity during the
application process and guaranteeing that nothing prohibits the issuance
of a firearm license when the application is properly made by a member
of the armed forces with evidence of a previously issued firearm license
duly provided to them in another state, New York demonstrates its unwav-
ering support of the military and does much to promote the transition of
these soldiers to life in New York State.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: S.3014/A.6425 Hunter, Referred to Codes

2018-2020: S.1224/A.1160 Hunter, Referred to Codes

2021-2022: S.1223, Referred to Codes

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act will take effect on the thirtieth day after is becomes law.