S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3619
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by M. of A. KOLB, PALMESANO, CORWIN, 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 1 of the laws of 2013, is amended to read  as
    3  follows:
    4    3. Possession of a pistol or revolver by a person to whom a license OR
    5  TEMPORARY  LICENSE  therefor  has  been issued as provided under section
    6  400.00 [or], 400.01 OR 400.04 of this chapter or possession of a  weapon
    7  as  defined in paragraph (e) or (f) of subdivision twenty-two of section
    8  265.00 of this article which is registered pursuant to paragraph (a)  of
    9  subdivision  sixteen-a  of section 400.00 of this chapter or is included
   10  on an amended license issued pursuant to section 400.00 of this chapter.
   11  In the event such license is revoked, other than because  such  licensee
   12  is  no  longer  permitted  to  possess a firearm, rifle or shotgun under
   13  federal or state law, information sufficient to satisfy the requirements
   14  of subdivision sixteen-a of section 400.00 of  this  chapter,  shall  be
   15  transmitted  by  the licensing officer to the state police, in a form as
   16  determined by the superintendent  of  state  police.  Such  transmission
   17  shall  constitute  a  valid  registration  under  such  section. Further
   18  provided, notwithstanding any other section of this title, a failure  to
   19  register  such  weapon by an individual who possesses such weapon before
   20  the enactment of the chapter of the laws of two thousand thirteen  which
   21  amended  this  paragraph  and may so lawfully possess it thereafter upon
   22  registration, shall only be subject to punishment pursuant to  paragraph
   23  (c)  of  subdivision  sixteen-a  of  section  400.00  of  this  chapter;
   24  provided, that such a license  or  registration  shall  not  preclude  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02842-01-5
       A. 3619                             2
    1  conviction  for  the  offense  defined  in  subdivision three of section
    2  265.01 of this article or section 265.01-a of this article.
    3    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
    4  vision f to read as follows:
    5    F. 1. A NONRESIDENT OF NEW YORK STATE WHO IS NOT PROHIBITED BY FEDERAL
    6  LAW FROM POSSESSING A FIREARM MAY POSSESS AND CARRY A CONCEALED FIREARM,
    7  AS  DEFINED  IN  SUBDIVISION  THREE  OF  SECTION 265.00 OF THIS ARTICLE,
    8  ANYWHERE WITHIN NEW YORK STATE IF SUCH PERSON:
    9    (A) IS IN POSSESSION OF A VALID PERMIT TO CARRY  A  CONCEALED  FIREARM
   10  ISSUED  TO  SUCH  NONRESIDENT  OF NEW YORK STATE PURSUANT TO THE LAWS OF
   11  SUCH PERSON'S STATE OF RESIDENCE; AND
   12    (B) IS IN COMPLIANCE WITH THE TERMS OF ITS ISSUANCE IN  THE  STATE  OF
   13  ITS ISSUE, BUT ONLY TO THE EXTENT THAT THE TERMS OF ISSUANCE COMPLY WITH
   14  ANY APPROPRIATE NEW YORK STATE STATUTE; AND
   15    (C)  IS  CARRYING  A VALID IDENTIFICATION DOCUMENT CONTAINING A PHOTO-
   16  GRAPH OF THE PERSON; AND
   17    (D) DOES NOT HAVE ANY INTENT  TO  USE  SUCH  FIREARM  FOR  AN  ILLEGAL
   18  PURPOSE; AND
   19    (E)  IS  SUBJECT  TO THE SAME CONDITIONS AND LIMITATIONS, EXCEPT AS TO
   20  ELIGIBILITY TO POSSESS OR CARRY, IMPOSED BY OR UNDER  FEDERAL  OR  STATE
   21  LAW  OR THE LAW OF A POLITICAL SUBDIVISION OF NEW YORK STATE, THAT APPLY
   22  TO THE POSSESSION OR CARRYING OF A CONCEALED FIREARM BY RESIDENTS OF THE
   23  STATE OR POLITICAL SUBDIVISION WHO ARE LICENSED BY THE  STATE  OR  POLI-
   24  TICAL  SUBDIVISION  TO  DO SO, OR NOT PROHIBITED BY THE STATE FROM DOING
   25  SO.
   26    2. IF A NONRESIDENT, WHO IS AUTHORIZED TO POSSESS OR CARRY A CONCEALED
   27  FIREARM PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION, BECOMES A  LEGAL
   28  RESIDENT  OF  NEW  YORK  STATE,  THEN THE PROVISIONS OF THIS SUBDIVISION
   29  SHALL CONTINUE TO APPLY TO SUCH PERSON UNTIL SUCH TIME  AS  A  NEW  YORK
   30  STATE  LICENSE  IS  ISSUED  OR DENIED UNDER ARTICLE FOUR HUNDRED OF THIS
   31  CHAPTER; PROVIDED THAT SUCH PERSON SHALL HAVE  SIXTY  DAYS  TO  FILE  AN
   32  APPLICATION THEREFOR AFTER BECOMING A RESIDENT OF THIS STATE.
   33    3.  THE  POSSESSION OF A VALID LICENSE FROM ANOTHER JURISDICTION SHALL
   34  BE A REBUTTABLE PRESUMPTION THAT THE HOLDER IS NOT PROHIBITED BY FEDERAL
   35  LAW FROM POSSESSING A FIREARM AND IS IN COMPLIANCE  WITH  THE  TERMS  OF
   36  ISSUANCE IN THE STATE OF ISSUANCE.
   37    4.  AS  USED  IN  THIS  SUBDIVISION THE TERM "IDENTIFICATION DOCUMENT"
   38  MEANS A DOCUMENT MADE OR ISSUED BY OR UNDER THE AUTHORITY OF THE  UNITED
   39  STATES  GOVERNMENT, A STATE OR A POLITICAL SUBDIVISION OF A STATE WHICH,
   40  WHEN COMPLETED WITH INFORMATION CONCERNING A PARTICULAR  INDIVIDUAL,  IS
   41  OF  A  TYPE INTENDED OR COMMONLY ACCEPTED FOR THE PURPOSE OF IDENTIFICA-
   42  TION OF INDIVIDUALS.
   43    S 3. Section 400.00 of the penal law is amended by adding a new subdi-
   44  vision 2-a to read as follows:
   45    2-A. TEMPORARY LICENSE. A TEMPORARY LICENSE FOR A PISTOL OR  REVOLVER,
   46  OTHER THAN AN ASSAULT WEAPON OR A DISGUISED GUN SHALL BE ISSUED TO:
   47    (A)  A  HOUSEHOLDER  TO  HAVE  AND  POSSESS IN HIS DWELLING WHERE SUCH
   48  HOUSEHOLDER IS ELIGIBLE PURSUANT TO SECTION 400.04 OF THIS ARTICLE; OR
   49    (B) HAVE AND CARRY, WITHOUT REGARD TO  PLACE  OF  POSSESSION,  BY  ANY
   50  PERSON  WHERE  SUCH  PERSON  IS  ELIGIBLE PURSUANT TO SUBDIVISION ONE OF
   51  SECTION 400.04 OF THIS ARTICLE.
   52    S 4. The penal law is amended by adding a new section 400.04  to  read
   53  as follows:
   54  S 400.04 TEMPORARY LICENSE TO CARRY OR POSSESS FIREARMS.
   55    1.  ELIGIBILITY. A PERSON IS ELIGIBLE FOR A TEMPORARY LICENSE TO CARRY
   56  OR POSSESS A FIREARM IN NEW YORK STATE WHERE:
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    1    (A) SUCH PERSON IS DOMICILED IN A STATE OF  THE  UNITED  STATES  WHICH
    2  DOES  NOT  REQUIRE A LICENSE OR PERMIT TO POSSESS OR CARRY A FIREARM, AS
    3  DEFINED IN SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER, PROVIDED
    4  THAT SUCH PERSON SHALL COMPLY WITH THE REQUIREMENTS SET FORTH  IN  PARA-
    5  GRAPHS  (A)  THROUGH  (E)  OF  SUBDIVISION ONE OF SECTION 400.00 OF THIS
    6  ARTICLE AND THAT THERE IS NO GOOD CAUSE FOR THE DENIAL OF  THE  LICENSE;
    7  OR
    8    (B)  SUCH  PERSON  HAS A PISTOL LICENSE OR PERMIT ISSUED IN ACCORDANCE
    9  WITH THE LAWS OF THE STATE OF ISSUANCE, WHERE THAT STATE IS A  STATE  OF
   10  THE  UNITED  STATES WHICH IS A JURISDICTION THAT DOES NOT AUTHORIZE SUCH
   11  LICENSE OR REGISTRATION BY A PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF
   12  A FELONY; PROVIDED THAT SUCH PERSON SHALL COMPLY WITH  THE  REQUIREMENTS
   13  SET  FORTH  IN  PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION ONE OF SECTION
   14  400.00 OF THIS ARTICLE AND WHERE THERE IS NO GOOD CAUSE FOR  THE  DENIAL
   15  OF THE LICENSE; OR
   16    (C) SUCH PERSON IS LICENSED IN A STATE OF THE UNITED STATES WHICH IS A
   17  JURISDICTION  THAT  ALLOWS LICENSING BY A PERSON WHO HAS BEEN PREVIOUSLY
   18  CONVICTED OF A FELONY, PROVIDED THAT SUCH PERSON MUST  COMPLY  WITH  THE
   19  REQUIREMENTS  SET FORTH IN PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION ONE
   20  OF SECTION 400.00 OF THIS ARTICLE AND THERE IS NO  GOOD  CAUSE  FOR  THE
   21  DENIAL OF THE LICENSE.
   22    NOTHING  IN  THIS  SECTION REQUIRES THE GRANTING OF A TEMPORARY PISTOL
   23  LICENSE TO ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A  FELONY  OR
   24  OF  A  CRIME  WHICH,  IF  COMMITTED  IN  THIS  STATE, WOULD BE A FELONY,
   25  NOTWITHSTANDING THAT THE JURISDICTION IN WHICH SUCH PERSON IS  DOMICILED
   26  ALLOWS LICENSING BY SUCH PERSON.
   27    2. APPLICATIONS.  (A) APPLICATIONS FOR A TEMPORARY LICENSE TO CARRY OR
   28  POSSESS  A  PISTOL  OR  REVOLVER  SHALL BE MADE TO THE DIVISION OF STATE
   29  POLICE AND THE LICENSING OFFICER SHALL BE THE  SUPERINTENDENT  OF  STATE
   30  POLICE.
   31    (B) THE APPLICATION FOR SUCH TEMPORARY LICENSE SHALL BE APPROVED AS TO
   32  FORM  BY  THE  SUPERINTENDENT  OF THE DIVISION OF STATE POLICE AND SHALL
   33  STATE:
   34    (I) THE NUMBER OF DAYS FOR WHICH THE  TEMPORARY  LICENSE  WILL  BE  IN
   35  EFFECT,  INCLUDING THE EXACT RANGE OF DATES IT WILL BE IN EFFECT, EXCEPT
   36  THAT SUCH TIME PERIOD SHALL NOT EXCEED NINETY DAYS.
   37    (II) THE FULL NAME, DATE OF BIRTH,  ADDRESS  OF  PERMANENT  RESIDENCE,
   38  PLACE  OF TEMPORARY RESIDENCE WHILE IN NEW YORK STATE, AND PRESENT OCCU-
   39  PATION OF THE APPLICANT.
   40    (III) WHETHER OR NOT THE APPLICANT IS A CITIZEN OF THE UNITED STATES.
   41    (IV) WHETHER OR NOT THE APPLICANT COMPLIES WITH EACH  REQUIREMENT  FOR
   42  ELIGIBILITY  SPECIFIED  IN  SUBDIVISION  ONE  OF  THIS SECTION INCLUDING
   43  DOCUMENTATION REGARDING OTHER STATE LICENSES; AND
   44    (V) SUCH OTHER FACTS AS MAY BE REQUIRED TO SHOW  THE  GOOD  CHARACTER,
   45  COMPETENCY AND INTEGRITY OF EACH APPLICANT.
   46    (C) THE BLANK APPLICATION FORM SHALL BE MADE AVAILABLE ON THE NEW YORK
   47  STATE DIVISION OF POLICE WEBSITE.
   48    (D)  THE  APPLICATION  SHALL  BE SIGNED AND VERIFIED BY THE APPLICANT.
   49  EACH INDIVIDUAL SIGNING AN APPLICATION SHALL SUBMIT  ONE  PHOTOGRAPH  OF
   50  HIMSELF  AND A DUPLICATE FOR EACH REQUIRED COPY OF THE APPLICATION. SUCH
   51  PHOTOGRAPHS SHALL BE TWO INCHES SQUARE AND SHALL HAVE BEEN TAKEN  WITHIN
   52  THIRTY DAYS PRIOR TO SUBMITTING THE APPLICATION.
   53    (E) THE LICENSING OFFICER SHALL, NO LATER THAN TEN BUSINESS DAYS AFTER
   54  SUCH  SUBMISSION,  CONDUCT  AN  INVESTIGATION AND ASCERTAIN ANY PREVIOUS
   55  CRIMINAL RECORD OF THE APPLICANT PURSUANT TO SUBDIVISION  FOUR  OF  THIS
   56  SECTION.
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    1    (F)  NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THIS INVESTI-
    2  GATION, THE DIVISION OF STATE POLICE LICENSING OFFICER  SHALL  DETERMINE
    3  IF THE APPLICANT HAS BEEN PREVIOUSLY DENIED A LICENSE, BEEN CONVICTED OF
    4  A  FELONY, OR BEEN CONVICTED OF A SERIOUS OFFENSE, AND EITHER APPROVE OR
    5  DISAPPROVE  THE  APPLICATION  FOR  A TEMPORARY PISTOL LICENSE BASED UPON
    6  SUCH DETERMINATIONS AND SHALL ISSUE THE LICENSE TO THE APPLICANT  WITHIN
    7  TEN DAYS OF SUCH DETERMINATION.
    8    (G)  APPLICATIONS  SHALL  BE PROCESSED IN ACCORDANCE WITH THE REQUIRE-
    9  MENTS OF SUBDIVISIONS FOUR-A AND FOUR-B OF SECTION 400.00 OF THIS  ARTI-
   10  CLE, EXCEPT THAT WHERE THE APPLICANT'S ELIGIBILITY IS BASED ON PARAGRAPH
   11  (B)  OF  SUBDIVISION  ONE OF THIS SECTION SUCH APPLICATION MUST BE PROC-
   12  ESSED AND THE INVESTIGATION COMPLETED WITHIN SIXTY DAYS OF SUBMISSION OF
   13  THE APPLICATION TO THE LICENSING OFFICER.
   14    (H) APPROVED APPLICATIONS SHALL BE MAINTAINED ON FILE BY THE  DIVISION
   15  OF STATE POLICE AFTER ISSUANCE OF THE LICENSE.
   16    3. INVESTIGATIONS. THE INVESTIGATION REQUIRED FOR ISSUANCE OF A TEMPO-
   17  RARY  LICENSE  TO  CARRY  OR POSSESS A FIREARM SHALL BE CONDUCTED IN THE
   18  SAME MANNER AND UPON THE SAME TERMS  AND  CONDITIONS  AS  INVESTIGATIONS
   19  REQUIRED  FOR LICENSES ISSUED PURSUANT TO SECTION 400.00 OF THIS ARTICLE
   20  PROVIDED, HOWEVER, THE RESULTS SHALL BE PROVIDED TO  THE  SUPERINTENDENT
   21  OF STATE POLICE IN HIS OR HER CAPACITY AS LICENSING OFFICER.
   22    4. LICENSE FORM, DURATION AND VALIDITY.  (A) ANY LICENSE ISSUED PURSU-
   23  ANT  TO  THIS  SECTION SHALL BE IN ACCORDANCE WITH THE FORM SET FORTH IN
   24  SUBDIVISION SEVEN OF SECTION 400.00 OF THIS ARTICLE.
   25    (B) ANY LICENSE  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL  BE  VALID
   26  THROUGHOUT  THE STATE EXCEPT WHERE IT WOULD BE LIMITED BY THE PROVISIONS
   27  OF SUBDIVISION SIX OF SECTION 400.00 OF THIS ARTICLE.
   28    (C) IN NO INSTANCE SHALL THE DURATION OF A  TEMPORARY  LICENSE  EXCEED
   29  NINETY DAYS.
   30    (D)  THE  TEMPORARY LICENSE SHALL, IN AT LEAST 16 POINT FONT, INDICATE
   31  THAT IT IS A TEMPORARY LICENSE AND INDICATE THE EXPIRATION DATE OF  SUCH
   32  TEMPORARY LICENSE.
   33    (E) A TEMPORARY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED
   34  OR  SUSPENDED  ON THE SAME TERMS AND UNDER THE SAME CIRCUMSTANCES AS SET
   35  FORTH IN SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS ARTICLE.
   36    5. FEES. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL  FIX
   37  A  LICENSING  FEE  TO  BE  CHARGED  FOR  A TEMPORARY LICENSE TO CARRY OR
   38  POSSESS A PISTOL OR REVOLVER BASED ON THE EXPENSE OF  CARRYING  OUT  THE
   39  PROVISIONS  OF THIS SECTION. SUCH FEE MAY BE ADJUSTED BY THE SUPERINTEN-
   40  DENT OF THE DIVISION OF STATE POLICE, ON AN ANNUAL BASIS,  WHERE  NECES-
   41  SARY  TO  ENSURE THAT THE LICENSING FEES ADEQUATELY COVER THE EXPENSE OF
   42  CARRYING OUT  THE  PROVISIONS  OF  THIS  SECTION  WITHOUT  SIGNIFICANTLY
   43  EXCEEDING SUCH COSTS.
   44    6.  APPLICABILITY  OF  SECTION.  THE PROVISIONS OF ARTICLE TWO HUNDRED
   45  SIXTY-FIVE OF THIS CHAPTER RELATING TO ILLEGAL POSSESSION OF A  FIREARM,
   46  SHALL NOT APPLY TO AN OFFENSE WHICH ALSO CONSTITUTES A VIOLATION OF THIS
   47  SECTION  BY  A  PERSON  HOLDING  AN  OTHERWISE  VALID  LICENSE UNDER THE
   48  PROVISIONS OF THIS SECTION AND SUCH OFFENSE SHALL ONLY BE PUNISHABLE  AS
   49  A CLASS A MISDEMEANOR.
   50    S 5. Section 265.10 of the penal law is amended by adding a new subdi-
   51  vision 2-a to read as follows:
   52    2-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF ANY LAW OR ANY RULE OR
   53  REGULATION OF THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION  THERE-
   54  OF,  ANY  PERSON  WHO  IS  NOT  OTHERWISE PROHIBITED BY FEDERAL LAW FROM
   55  TRANSPORTING, SHIPPING, OR RECEIVING A  FIREARM  SHALL  BE  ENTITLED  TO
   56  TRANSPORT  A  FIREARM FOR ANY LAWFUL PURPOSE THROUGH NEW YORK STATE FROM
       A. 3619                             5
    1  ANY PLACE WHERE HE MAY LAWFULLY POSSESS AND CARRY SUCH  FIREARM  TO  ANY
    2  OTHER  PLACE  WHERE  HE  MAY LAWFULLY POSSESS AND CARRY SUCH FIREARM IF,
    3  DURING SUCH TRANSPORTATION THE FIREARM  IS  UNLOADED,  AND  NEITHER  THE
    4  FIREARM NOR ANY AMMUNITION BEING TRANSPORTED IS READILY ACCESSIBLE OR IS
    5  DIRECTLY  ACCESSIBLE FROM THE PASSENGER COMPARTMENT OF SUCH TRANSPORTING
    6  VEHICLE; PROVIDED, THAT, IN THE CASE OF A VEHICLE WITHOUT A  COMPARTMENT
    7  SEPARATE  FROM  THE DRIVER'S COMPARTMENT THE FIREARM OR AMMUNITION SHALL
    8  BE CONTAINED IN A LOCKED CONTAINER OTHER THAN THE GLOVE  COMPARTMENT  OR
    9  CONSOLE.
   10    S  6.  Subdivision 3 of section 265.03 of the penal law, as amended by
   11  chapter 745 of the laws of 2006, is amended to read as follows:
   12    (3) such person possesses any loaded firearm.  Such  possession  shall
   13  not, except as provided in subdivision one or seven of section 265.02 of
   14  this  article,  constitute  a  violation  of  this  subdivision  if such
   15  possession takes place in such person's home or place of business.    IT
   16  SHALL  BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS SUBDIVISION THAT
   17  SUCH PERSON IS A NONRESIDENT OF NEW YORK STATE WHO IS DULY AUTHORIZED TO
   18  CARRY SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON
   19  IS A RESIDENT OF NEW YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM,
   20  AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED WITH ANY VIOLATION OF
   21  THIS SECTION.
   22    S 7. Section 265.01 of the penal law is amended by adding a new undes-
   23  ignated paragraph to read as follows:
   24    IT SHALL BE AN AFFIRMATIVE DEFENSE TO A  CHARGE  OF  POSSESSION  OF  A
   25  FIREARM  UNDER  SUBDIVISION  ONE OF THIS SECTION IF SUCH POSSESSION OF A
   26  FIREARM IS BY A NONRESIDENT OF NEW YORK STATE WHO IS AUTHORIZED TO CARRY
   27  SUCH FIREARM IN SUCH PERSON'S STATE OF RESIDENCE OR IF SUCH PERSON IS  A
   28  RESIDENT  OF  NEW  YORK STATE WHO IS DULY LICENSED TO CARRY A FIREARM IN
   29  NEW YORK STATE, AND IF SUCH PERSON HAS NOT PREVIOUSLY BEEN CHARGED  WITH
   30  POSSESSION OF A FIREARM UNDER THIS SECTION.
   31    S  8.   This act shall take effect on the ninetieth day after it shall
   32  have become a law.