S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3741
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced  by M. of A. BOYLAND, COOK, ESPINAL, STECK -- Multi-Sponsored
         by -- M. of A. ARROYO -- read once and referred to  the  Committee  on
         Codes
       AN ACT to amend the penal law, in relation to requiring a certificate of
         psychiatric  evaluation  to  be  provided  with  an  application for a
         license to carry, possess, repair and dispose of firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section  400.00  of the penal law, as
    2  amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
    3  follows:
    4    1. Eligibility. No license shall be issued or renewed pursuant to this
    5  section  except  by  the licensing officer, and then only after investi-
    6  gation and finding that all statements in a  proper  application  for  a
    7  license  are  true.  No license shall be issued or renewed except for an
    8  applicant (a) twenty-one years of age or older, provided, however,  that
    9  where  such  applicant  has  been  honorably  discharged from the United
   10  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
   11  national  guard  of the state of New York, no such age restriction shall
   12  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
   13  anywhere of a felony or a serious offense; (d) who has stated whether he
   14  or  she  has  ever  suffered  any mental illness or been confined to any
   15  hospital or institution, public or private, for mental illness; (e)  who
   16  has  not had a license revoked or who is not under a suspension or inel-
   17  igibility order issued pursuant to the provisions of section  530.14  of
   18  the  criminal  procedure law or section eight hundred forty-two-a of the
   19  family court act; (f) in the county of Westchester, who has successfully
   20  completed a firearms safety course and test as evidenced  by  a  certif-
   21  icate  of completion issued in his or her name and endorsed and affirmed
   22  under the penalties of perjury by a duly authorized  instructor,  except
   23  that:  (i)  persons  who are honorably discharged from the United States
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07342-01-3
       A. 3741                             2
    1  army, navy, marine corps or coast guard, or of the national guard of the
    2  state of New York, and produce evidence  of  official  qualification  in
    3  firearms  during  the term of service are not required to have completed
    4  those  hours  of  a  firearms  safety course pertaining to the safe use,
    5  carrying, possession, maintenance and storage of  a  firearm;  and  (ii)
    6  persons  who  were licensed to possess a pistol or revolver prior to the
    7  effective date of this paragraph are not required to  have  completed  a
    8  firearms safety course and test; [and] (g) concerning whom no good cause
    9  exists for the denial of the license; AND (H) WHO PROVIDES A CERTIFICATE
   10  VERIFYING  THAT THE APPLICANT HAS UNDERGONE A PSYCHIATRIC EVALUATION. No
   11  person shall engage in the business of gunsmith or  dealer  in  firearms
   12  unless licensed pursuant to this section. An applicant to engage in such
   13  business  shall  also be a citizen of the United States, more than twen-
   14  ty-one years of age and maintain a place of  business  in  the  city  or
   15  county  where the license is issued. For such business, if the applicant
   16  is a firm or partnership, each member thereof shall comply with  all  of
   17  the requirements set forth in this subdivision and if the applicant is a
   18  corporation, each officer thereof shall so comply.
   19    S 2. This act shall take effect immediately.