S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6525
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 4, 2013
                                      ___________
       Introduced  by  M. of A. KOLB, PALMESANO, CORWIN, JORDAN, HAWLEY -- read
         once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to possession of a pistol  or
         revolver
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 3 of subdivision a of section 265.20 of the penal
    2  law, as amended by chapter 210 of the laws of 1999, is amended  to  read
    3  as follows:
    4    3. Possession of a pistol or revolver by a person to whom a license OR
    5  A  TEMPORARY  LICENSE therefor has been issued as provided under section
    6  400.00 [or], 400.01 OR 400.04 of this chapter;  provided,  that  such  a
    7  license  shall  not  preclude  a  conviction  for the offense defined in
    8  subdivision three of section 265.01 of this article.
    9    S 2. Paragraph 3 of subdivision a of section 265.20 of the penal  law,
   10  as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
   11  follows:
   12    3. Possession of a pistol or revolver by a person to whom a license OR
   13  TEMPORARY LICENSE therefor has been issued  as  provided  under  section
   14  400.00  [or], 400.01 OR 400.04 of this chapter or possession of a weapon
   15  as defined in paragraph (e) or (f) of subdivision twenty-two of  section
   16  265.00  of this article which is registered pursuant to paragraph (a) of
   17  subdivision sixteen-a of section 400.00 of this chapter or  is  included
   18  on an amended license issued pursuant to section 400.00 of this chapter.
   19  In  the  event such license is revoked, other than because such licensee
   20  is no longer permitted to possess a  firearm,  rifle  or  shotgun  under
   21  federal or state law, information sufficient to satisfy the requirements
   22  of  subdivision  sixteen-a  of  section 400.00 of this chapter, shall be
   23  transmitted by the licensing officer to the state police, in a  form  as
   24  determined  by  the  superintendent  of  state police. Such transmission
   25  shall constitute  a  valid  registration  under  such  section.  Further
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09809-01-3
       A. 6525                             2
    1  provided,  notwithstanding any other section of this title, a failure to
    2  register such weapon by an individual who possesses such  weapon  before
    3  the  enactment of the chapter of the laws of two thousand thirteen which
    4  amended  this  paragraph  and may so lawfully possess it thereafter upon
    5  registration, shall only be subject to punishment pursuant to  paragraph
    6  (c)  of  subdivision  sixteen-a  of  section  400.00  of  this  chapter;
    7  provided, that such a license  or  registration  shall  not  preclude  a
    8  conviction  for  the  offense  defined  in  subdivision three of section
    9  265.01 of this article or section 265.01-a of this article.
   10    S 3. Section 265.20 of the penal law is amended by adding a new subdi-
   11  vision e to read as follows:
   12    E. 1. A NONRESIDENT OF NEW YORK STATE WHO IS NOT PROHIBITED BY FEDERAL
   13  LAW FROM POSSESSING A FIREARM MAY POSSESS AND CARRY A CONCEALED FIREARM,
   14  AS DEFINED IN SUBDIVISION THREE  OF  SECTION  265.00  OF  THIS  ARTICLE,
   15  ANYWHERE WITHIN NEW YORK STATE IF SUCH PERSON:
   16    (A)  IS  IN  POSSESSION OF A VALID PERMIT TO CARRY A CONCEALED FIREARM
   17  ISSUED TO SUCH NONRESIDENT OF NEW YORK STATE PURSUANT  TO  THE  LAWS  OF
   18  SUCH PERSON'S STATE OF RESIDENCE; AND
   19    (B)  IS  IN  COMPLIANCE WITH THE TERMS OF ITS ISSUANCE IN THE STATE OF
   20  ITS ISSUE, BUT ONLY TO THE EXTENT THAT THE TERMS OF ISSUANCE COMPLY WITH
   21  ANY APPROPRIATE NEW YORK STATE STATUTE; AND
   22    (C) IS CARRYING A VALID IDENTIFICATION DOCUMENT  CONTAINING  A  PHOTO-
   23  GRAPH OF THE PERSON; AND
   24    (D)  DOES  NOT  HAVE  ANY  INTENT  TO  USE SUCH FIREARM FOR AN ILLEGAL
   25  PURPOSE; AND
   26    (E) IS SUBJECT TO THE SAME CONDITIONS AND LIMITATIONS,  EXCEPT  AS  TO
   27  ELIGIBILITY  TO  POSSESS  OR CARRY, IMPOSED BY OR UNDER FEDERAL OR STATE
   28  LAW OR THE LAW OF A POLITICAL SUBDIVISION OF NEW YORK STATE, THAT  APPLY
   29  TO THE POSSESSION OR CARRYING OF A CONCEALED FIREARM BY RESIDENTS OF THE
   30  STATE  OR  POLITICAL  SUBDIVISION WHO ARE LICENSED BY THE STATE OR POLI-
   31  TICAL SUBDIVISION TO DO SO, OR NOT PROHIBITED BY THE  STATE  FROM  DOING
   32  SO.
   33    2. IF A NONRESIDENT, WHO IS AUTHORIZED TO POSSESS OR CARRY A CONCEALED
   34  FIREARM  PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION, BECOMES A LEGAL
   35  RESIDENT OF NEW YORK STATE, THEN  THE  PROVISIONS  OF  THIS  SUBDIVISION
   36  SHALL  CONTINUE  TO  APPLY  TO SUCH PERSON UNTIL SUCH TIME AS A NEW YORK
   37  STATE LICENSE IS ISSUED OR DENIED UNDER ARTICLE  FOUR  HUNDRED  OF  THIS
   38  CHAPTER;  PROVIDED  THAT  SUCH  PERSON  SHALL HAVE SIXTY DAYS TO FILE AN
   39  APPLICATION THEREFOR AFTER BECOMING A RESIDENT OF THIS STATE.
   40    3. THE POSSESSION OF A VALID LICENSE FROM ANOTHER  JURISDICTION  SHALL
   41  BE A REBUTTABLE PRESUMPTION THAT THE HOLDER IS NOT PROHIBITED BY FEDERAL
   42  LAW  FROM  POSSESSING  A  FIREARM AND IS IN COMPLIANCE WITH THE TERMS OF
   43  ISSUANCE IN THE STATE OF ISSUANCE.
   44    4. AS USED IN THIS  SUBDIVISION  THE  TERM  "IDENTIFICATION  DOCUMENT"
   45  MEANS  A DOCUMENT MADE OR ISSUED BY OR UNDER THE AUTHORITY OF THE UNITED
   46  STATES GOVERNMENT, A STATE OR A POLITICAL SUBDIVISION OF A STATE  WHICH,
   47  WHEN  COMPLETED  WITH INFORMATION CONCERNING A PARTICULAR INDIVIDUAL, IS
   48  OF A TYPE INTENDED OR COMMONLY ACCEPTED FOR THE PURPOSE  OF  IDENTIFICA-
   49  TION OF INDIVIDUALS.
   50    S 4. Section 400.00 of the penal law is amended by adding a new subdi-
   51  vision 2-a to read as follows:
   52    2-A.  TEMPORARY LICENSE. A TEMPORARY LICENSE FOR A PISTOL OR REVOLVER,
   53  OTHER THAN AN ASSAULT WEAPON OR A DISGUISED GUN SHALL BE ISSUED TO:
   54    (A) A HOUSEHOLDER TO HAVE AND  POSSESS  IN  HIS  DWELLING  WHERE  SUCH
   55  HOUSEHOLDER IS ELIGIBLE PURSUANT TO SECTION 400.04 OF THIS ARTICLE; OR
       A. 6525                             3
    1    (B)  HAVE  AND  CARRY,  WITHOUT  REGARD TO PLACE OF POSSESSION, BY ANY
    2  PERSON WHERE SUCH PERSON IS ELIGIBLE  PURSUANT  TO  SUBDIVISION  ONE  OF
    3  SECTION 400.04 OF THIS ARTICLE.
    4    S  5.  The penal law is amended by adding a new section 400.04 to read
    5  as follows:
    6  S 400.04 TEMPORARY LICENSE TO CARRY OR POSSESS FIREARMS.
    7    1. ELIGIBILITY. A PERSON IS ELIGIBLE FOR A TEMPORARY LICENSE TO  CARRY
    8  OR POSSESS A FIREARM IN NEW YORK STATE WHERE:
    9    (A)  SUCH  PERSON  IS  DOMICILED IN A STATE OF THE UNITED STATES WHICH
   10  DOES NOT REQUIRE A LICENSE OR PERMIT TO POSSESS OR CARRY A  FIREARM,  AS
   11  DEFINED IN SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER, PROVIDED
   12  THAT  SUCH  PERSON SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN PARA-
   13  GRAPHS (A) THROUGH (E) OF SUBDIVISION ONE  OF  SECTION  400.00  OF  THIS
   14  ARTICLE  AND  THAT THERE IS NO GOOD CAUSE FOR THE DENIAL OF THE LICENSE;
   15  OR
   16    (B) SUCH PERSON HAS A PISTOL LICENSE OR PERMIT  ISSUED  IN  ACCORDANCE
   17  WITH  THE  LAWS OF THE STATE OF ISSUANCE, WHERE THAT STATE IS A STATE OF
   18  THE UNITED STATES WHICH IS A JURISDICTION THAT DOES NOT  AUTHORIZE  SUCH
   19  LICENSE OR REGISTRATION BY A PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF
   20  A  FELONY;  PROVIDED THAT SUCH PERSON SHALL COMPLY WITH THE REQUIREMENTS
   21  SET FORTH IN PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION  ONE  OF  SECTION
   22  400.00  OF  THIS ARTICLE AND WHERE THERE IS NO GOOD CAUSE FOR THE DENIAL
   23  OF THE LICENSE; OR
   24    (C) SUCH PERSON IS LICENSED IN A STATE OF THE UNITED STATES WHICH IS A
   25  JURISDICTION THAT ALLOWS LICENSING BY A PERSON WHO HAS  BEEN  PREVIOUSLY
   26  CONVICTED  OF  A  FELONY, PROVIDED THAT SUCH PERSON MUST COMPLY WITH THE
   27  REQUIREMENTS SET FORTH IN PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION  ONE
   28  OF  SECTION  400.00  OF  THIS ARTICLE AND THERE IS NO GOOD CAUSE FOR THE
   29  DENIAL OF THE LICENSE.
   30    NOTHING IN THIS SECTION REQUIRES THE GRANTING OF  A  TEMPORARY  PISTOL
   31  LICENSE  TO  ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A FELONY OR
   32  OF A CRIME WHICH, IF  COMMITTED  IN  THIS  STATE,  WOULD  BE  A  FELONY,
   33  NOTWITHSTANDING  THAT THE JURISDICTION IN WHICH SUCH PERSON IS DOMICILED
   34  ALLOWS LICENSING BY SUCH PERSON.
   35    2. APPLICATIONS.  (A) APPLICATIONS FOR A TEMPORARY LICENSE TO CARRY OR
   36  POSSESS A PISTOL OR REVOLVER SHALL BE MADE  TO  THE  DIVISION  OF  STATE
   37  POLICE  AND  THE  LICENSING OFFICER SHALL BE THE SUPERINTENDENT OF STATE
   38  POLICE.
   39    (B) THE APPLICATION FOR SUCH TEMPORARY LICENSE SHALL BE APPROVED AS TO
   40  FORM BY THE SUPERINTENDENT OF THE DIVISION OF  STATE  POLICE  AND  SHALL
   41  STATE:
   42    (I)  THE  NUMBER  OF  DAYS  FOR WHICH THE TEMPORARY LICENSE WILL BE IN
   43  EFFECT, INCLUDING THE EXACT RANGE OF DATES IT WILL BE IN EFFECT,  EXCEPT
   44  THAT SUCH TIME PERIOD SHALL NOT EXCEED NINETY DAYS.
   45    (II)  THE  FULL  NAME,  DATE OF BIRTH, ADDRESS OF PERMANENT RESIDENCE,
   46  PLACE OF TEMPORARY RESIDENCE WHILE IN NEW YORK STATE, AND PRESENT  OCCU-
   47  PATION OF THE APPLICANT.
   48    (III) WHETHER OR NOT THE APPLICANT IS A CITIZEN OF THE UNITED STATES.
   49    (IV)  WHETHER  OR NOT THE APPLICANT COMPLIES WITH EACH REQUIREMENT FOR
   50  ELIGIBILITY SPECIFIED IN  SUBDIVISION  ONE  OF  THIS  SECTION  INCLUDING
   51  DOCUMENTATION REGARDING OTHER STATE LICENSES; AND
   52    (V)  SUCH  OTHER  FACTS AS MAY BE REQUIRED TO SHOW THE GOOD CHARACTER,
   53  COMPETENCY AND INTEGRITY OF EACH APPLICANT.
   54    (C) THE BLANK APPLICATION FORM SHALL BE MADE AVAILABLE ON THE NEW YORK
   55  STATE DIVISION OF POLICE WEBSITE.
       A. 6525                             4
    1    (D) THE APPLICATION SHALL BE SIGNED AND  VERIFIED  BY  THE  APPLICANT.
    2  EACH  INDIVIDUAL  SIGNING  AN APPLICATION SHALL SUBMIT ONE PHOTOGRAPH OF
    3  HIMSELF AND A DUPLICATE FOR EACH REQUIRED COPY OF THE APPLICATION.  SUCH
    4  PHOTOGRAPHS  SHALL BE TWO INCHES SQUARE AND SHALL HAVE BEEN TAKEN WITHIN
    5  THIRTY DAYS PRIOR TO SUBMITTING THE APPLICATION.
    6    (E) THE LICENSING OFFICER SHALL, NO LATER THAN TEN BUSINESS DAYS AFTER
    7  SUCH  SUBMISSION,  CONDUCT  AN  INVESTIGATION AND ASCERTAIN ANY PREVIOUS
    8  CRIMINAL RECORD OF THE APPLICANT PURSUANT TO SUBDIVISION  FOUR  OF  THIS
    9  SECTION.
   10    (F)  NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THIS INVESTI-
   11  GATION, THE DIVISION OF STATE POLICE LICENSING OFFICER  SHALL  DETERMINE
   12  IF THE APPLICANT HAS BEEN PREVIOUSLY DENIED A LICENSE, BEEN CONVICTED OF
   13  A  FELONY, OR BEEN CONVICTED OF A SERIOUS OFFENSE, AND EITHER APPROVE OR
   14  DISAPPROVE THE APPLICATION FOR A TEMPORARY  PISTOL  LICENSE  BASED  UPON
   15  SUCH  DETERMINATIONS AND SHALL ISSUE THE LICENSE TO THE APPLICANT WITHIN
   16  TEN DAYS OF SUCH DETERMINATION.
   17    (G) APPLICATIONS SHALL BE PROCESSED IN ACCORDANCE  WITH  THE  REQUIRE-
   18  MENTS  OF SUBDIVISIONS FOUR-A AND FOUR-B OF SECTION 400.00 OF THIS ARTI-
   19  CLE, EXCEPT THAT WHERE THE APPLICANT'S ELIGIBILITY IS BASED ON PARAGRAPH
   20  (B) OF SUBDIVISION ONE OF THIS SECTION SUCH APPLICATION  MUST  BE  PROC-
   21  ESSED AND THE INVESTIGATION COMPLETED WITHIN SIXTY DAYS OF SUBMISSION OF
   22  THE APPLICATION TO THE LICENSING OFFICER.
   23    (H)  APPROVED APPLICATIONS SHALL BE MAINTAINED ON FILE BY THE DIVISION
   24  OF STATE POLICE AFTER ISSUANCE OF THE LICENSE.
   25    3. INVESTIGATIONS. THE INVESTIGATION REQUIRED FOR ISSUANCE OF A TEMPO-
   26  RARY LICENSE TO CARRY OR POSSESS A FIREARM SHALL  BE  CONDUCTED  IN  THE
   27  SAME  MANNER  AND  UPON  THE SAME TERMS AND CONDITIONS AS INVESTIGATIONS
   28  REQUIRED FOR LICENSES ISSUED PURSUANT TO SECTION 400.00 OF THIS  ARTICLE
   29  PROVIDED,  HOWEVER,  THE RESULTS SHALL BE PROVIDED TO THE SUPERINTENDENT
   30  OF STATE POLICE IN HIS OR HER CAPACITY AS LICENSING OFFICER.
   31    4. LICENSE FORM, DURATION AND VALIDITY.  (A) ANY LICENSE ISSUED PURSU-
   32  ANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH THE FORM  SET  FORTH  IN
   33  SUBDIVISION SEVEN OF SECTION 400.00 OF THIS ARTICLE.
   34    (B)  ANY  LICENSE  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL BE VALID
   35  THROUGHOUT THE STATE EXCEPT WHERE IT WOULD BE LIMITED BY THE  PROVISIONS
   36  OF SUBDIVISION SIX OF SECTION 400.00 OF THIS ARTICLE.
   37    (C)  IN  NO  INSTANCE SHALL THE DURATION OF A TEMPORARY LICENSE EXCEED
   38  NINETY DAYS.
   39    (D) THE TEMPORARY LICENSE SHALL, IN AT LEAST 16 POINT  FONT,  INDICATE
   40  THAT  IT IS A TEMPORARY LICENSE AND INDICATE THE EXPIRATION DATE OF SUCH
   41  TEMPORARY LICENSE.
   42    (E) A TEMPORARY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED
   43  OR SUSPENDED ON THE SAME TERMS AND UNDER THE SAME CIRCUMSTANCES  AS  SET
   44  FORTH IN SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS ARTICLE.
   45    5.  FEES. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL FIX
   46  A LICENSING FEE TO BE CHARGED  FOR  A  TEMPORARY  LICENSE  TO  CARRY  OR
   47  POSSESS  A  PISTOL  OR REVOLVER BASED ON THE EXPENSE OF CARRYING OUT THE
   48  PROVISIONS OF THIS SECTION. SUCH FEE MAY BE ADJUSTED BY THE  SUPERINTEN-
   49  DENT  OF  THE DIVISION OF STATE POLICE, ON AN ANNUAL BASIS, WHERE NECES-
   50  SARY TO ENSURE THAT THE LICENSING FEES ADEQUATELY COVER THE  EXPENSE  OF
   51  CARRYING  OUT  THE  PROVISIONS  OF  THIS  SECTION  WITHOUT SIGNIFICANTLY
   52  EXCEEDING SUCH COSTS.
   53    6. APPLICABILITY OF SECTION. THE PROVISIONS  OF  ARTICLE  TWO  HUNDRED
   54  SIXTY-FIVE  OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A FIREARM,
   55  SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
   56  SECTION BY A  PERSON  HOLDING  AN  OTHERWISE  VALID  LICENSE  UNDER  THE
       A. 6525                             5
    1  PROVISIONS  OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE AS
    2  A CLASS A MISDEMEANOR.
    3    S 6. Section 265.10 of the penal law is amended by adding a new subdi-
    4  vision 2-a to read as follows:
    5    2-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF ANY LAW OR ANY RULE OR
    6  REGULATION OF THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION  THERE-
    7  OF,  ANY  PERSON  WHO  IS  NOT  OTHERWISE PROHIBITED BY FEDERAL LAW FROM
    8  TRANSPORTING, SHIPPING, OR RECEIVING A  FIREARM  SHALL  BE  ENTITLED  TO
    9  TRANSPORT  A  FIREARM FOR ANY LAWFUL PURPOSE THROUGH NEW YORK STATE FROM
   10  ANY PLACE WHERE HE MAY LAWFULLY POSSESS AND CARRY SUCH  FIREARM  TO  ANY
   11  OTHER  PLACE  WHERE  HE  MAY LAWFULLY POSSESS AND CARRY SUCH FIREARM IF,
   12  DURING SUCH TRANSPORTATION THE FIREARM  IS  UNLOADED,  AND  NEITHER  THE
   13  FIREARM NOR ANY AMMUNITION BEING TRANSPORTED IS READILY ACCESSIBLE OR IS
   14  DIRECTLY  ACCESSIBLE FROM THE PASSENGER COMPARTMENT OF SUCH TRANSPORTING
   15  VEHICLE; PROVIDED, THAT, IN THE CASE OF A VEHICLE WITHOUT A  COMPARTMENT
   16  SEPARATE  FROM  THE DRIVER'S COMPARTMENT THE FIREARM OR AMMUNITION SHALL
   17  BE CONTAINED IN A LOCKED CONTAINER OTHER THAN THE GLOVE  COMPARTMENT  OR
   18  CONSOLE.
   19    S  7.  Subdivision 3 of section 265.03 of the penal law, as amended by
   20  chapter 745 of the laws of 2006, is amended to read as follows:
   21    (3) such person possesses any loaded firearm.  Such  possession  shall
   22  not, except as provided in subdivision one or seven of section 265.02 of
   23  this  article,  constitute  a  violation  of  this  subdivision  if such
   24  possession takes place in such person's home or place of business.    IT
   25  SHALL  BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS SUBDIVISION THAT
   26  SUCH PERSON IS A NONRESIDENT OF NEW YORK STATE WHO IS DULY AUTHORIZED TO
   27  CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON
   28  IS A RESIDENT OF NEW YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM,
   29  AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED WITH ANY VIOLATION OF
   30  THIS SECTION.
   31    S 8. Section 265.01 of the penal law is amended by adding a new undes-
   32  ignated paragraph to read as follows:
   33    IT SHALL BE AN AFFIRMATIVE DEFENSE TO A  CHARGE  OF  POSSESSION  OF  A
   34  FIREARM  UNDER  SUBDIVISION  ONE OF THIS SECTION IF SUCH POSSESSION OF A
   35  FIREARM IS BY A NONRESIDENT OF NEW YORK STATE WHO IS AUTHORIZED TO CARRY
   36  SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS  A
   37  RESIDENT  OF  NEW  YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM IN
   38  NEW YORK STATE, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED  WITH
   39  POSSESSION OF A FIREARM UNDER THIS SECTION.
   40    S  9.   This act shall take effect on the ninetieth day after it shall
   41  have become a law; provided, however, that section two of this act shall
   42  take effect on the same date and in the same manner  as  section  46  of
   43  chapter 1 of the laws of 2013, takes effect.