S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3031
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2013
                                      ___________
       Introduced  by  Sen.  SEWARD -- 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  restrictions  imposed  by
         statute regarding the carrying of concealed weapons
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 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    2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
    5  shall  be  issued  to engage in such business. A license for a pistol or
    6  revolver, other than an assault weapon or  a  disguised  gun,  shall  be
    7  issued  to  (a)  have  and possess in his dwelling by a householder; (b)
    8  have and possess in his place of business by a merchant or  storekeeper;
    9  (c)  have  and carry concealed while so employed by a messenger employed
   10  by a  banking  institution  or  express  company;  (d)  have  and  carry
   11  concealed by a justice of the supreme court in the first or second judi-
   12  cial  departments, or by a judge of the New York city civil court or the
   13  New York city criminal court; (e) have  and  carry  concealed  while  so
   14  employed by a regular employee of an institution of the state, or of any
   15  county,  city,  town  or  village,  under  control  of a commissioner of
   16  correction of the city or any warden, superintendent or head  keeper  of
   17  any state prison, penitentiary, workhouse, county jail or other institu-
   18  tion  for the detention of persons convicted or accused of crime or held
   19  as witnesses in criminal cases, provided that application is made there-
   20  for by such commissioner, warden, superintendent  or  head  keeper;  (f)
   21  have  and  carry  concealed,  without  regard  to employment or place of
   22  possession, by any person when proper  cause  exists  for  the  issuance
   23  thereof,  SUBJECT ONLY TO RESTRICTIONS IMPOSED BY STATUTE; and (g) have,
   24  possess, collect and carry antique pistols which are defined as follows:
   25  (i) any single shot, muzzle loading pistol with a matchlock,  flintlock,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04313-01-3
       S. 3031                             2
    1  percussion  cap,  or  similar type of ignition system manufactured in or
    2  before l898, which is not designed for  using  rimfire  or  conventional
    3  centerfire  fixed  ammunition;  and  (ii)  any  replica  of  any  pistol
    4  described in clause (i) hereof if such replica--
    5    (1)  is  not  designed or redesigned for using rimfire or conventional
    6  centerfire fixed ammunition, or
    7    (2) uses rimfire or conventional centerfire fixed ammunition which  is
    8  no  longer  manufactured  in  the United States and which is not readily
    9  available in the ordinary channels of commercial trade.
   10    S 2. This act shall take effect immediately.