S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6058
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 11, 2015
                                      ___________
       Introduced  by  M. of A. BORELLI, GARBARINO -- read once and referred to
         the Committee on Codes
       AN ACT to amend the penal law, in relation to the validity of a  license
         to carry and possess a firearm in the city of New York
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 6 of  section  400.00  of  the  penal  law,  as
    2  amended  by  chapter  318  of  the  laws  of 2002, is amended to read as
    3  follows:
    4    6. License: validity. Any license  issued  pursuant  to  this  section
    5  shall  be valid notwithstanding the provisions of any local law or ordi-
    6  nance.  No license shall be transferable to any other  person  or  prem-
    7  ises.  A license to carry or possess a pistol or revolver, not otherwise
    8  limited as to place or time of possession, shall be effective throughout
    9  the state, except that the same shall not be valid within  the  city  of
   10  New  York  unless  a  special  permit granting validity is issued by the
   11  police commissioner of that city. Such license to carry or possess shall
   12  be valid within the city of New York in the absence of a  permit  issued
   13  by  the police commissioner of that city, provided that (a) the firearms
   14  covered by such license have been purchased from a licensed dealer with-
   15  in the city of New York and are  being  transported  out  of  said  city
   16  forthwith  and  immediately from said dealer by the licensee in a locked
   17  container during a continuous and uninterrupted trip; or  provided  that
   18  (b)  the  firearms  covered by such license are being transported by the
   19  licensee in a locked container and the trip through the city of New York
   20  is continuous and uninterrupted;  or  provided  that  (c)  the  firearms
   21  covered  by  such  license  are  carried  by armored car security guards
   22  transporting money or other valuables, in, to, or  from  motor  vehicles
   23  commonly  known  as armored cars, during the course of their employment;
   24  or provided that (d) the licensee is a retired police officer as  police
   25  officer  is  defined pursuant to subdivision thirty-four of section 1.20
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07646-01-5
       A. 6058                             2
    1  of the criminal procedure law or a retired federal law enforcement offi-
    2  cer, as defined in section 2.15 of the criminal procedure law,  who  has
    3  been  issued  a license by an authorized licensing officer as defined in
    4  subdivision  ten  of  section 265.00 of this chapter; provided, further,
    5  however, that if such license was not issued in the city of New York  it
    6  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    7  ment Officer", as the case may be, and, in the case of a retired officer
    8  the  license  shall  be  deemed  to  permit  only  police or federal law
    9  enforcement regulations weapons; or provided that (e) the licensee is  a
   10  peace officer described in subdivision four of section 2.10 of the crim-
   11  inal  procedure law and the license, if issued by other than the city of
   12  New York, is marked "New York State Tax Department Peace Officer" and in
   13  such case the exemption shall apply only to the firearm issued  to  such
   14  licensee  by  the  department  of  taxation  and  finance[. A license as
   15  gunsmith or dealer in firearms shall not be valid outside  the  city  or
   16  county,  as  the  case  may be, where issued.]; OR PROVIDED THAT (F) THE
   17  LICENSEE IS A DEALER, MANUFACTURER OR GUNSMITH OF FIREARMS AND IS CARRY-
   18  ING OR POSSESSING THE FIREARMS IN THE COURSE OF THEIR EMPLOYMENT.
   19    S 2. This act shall take effect immediately.