S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5993
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by  M.  of A. ZEBROWSKI, GALEF, MAYER, BUCHWALD -- read once
         and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation  to  licenses  to  carry  and
         possess firearms for retired police officers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4-a of section 400.00  of  the  penal  law,  as
    2  added by chapter 233 of the laws of 1980, is amended to read as follows:
    3    4-a. Processing of license applications. (A) Applications for licenses
    4  shall be accepted for processing by the licensing officer at the time of
    5  presentment.  Except  upon  written notice to the applicant specifically
    6  stating the reasons for any delay, in each case  the  licensing  officer
    7  shall  act  upon  any application for a license pursuant to this section
    8  within six months of the date of presentment of such an  application  to
    9  the  appropriate  authority.  Such  delay may only be for good cause and
   10  with respect to the  applicant.  In  acting  upon  an  application,  the
   11  licensing  officer shall either deny the application for reasons specif-
   12  ically and concisely stated in writing  or  grant  the  application  and
   13  issue  the license applied for.  A RETIRED POLICE OFFICER WHO SUBMITS AN
   14  APPLICATION CONTAINING A  CERTIFICATION  OR  ATTESTATION  FROM  THE  LAW
   15  ENFORCEMENT  AGENCY  OR  DEPARTMENT FROM WHICH HE OR SHE RETIRED IN GOOD
   16  STANDING, SHALL BE PRESUMPTIVE EVIDENCE AS TO THE FITNESS AND QUALIFICA-
   17  TION TO CARRY AND POSSESS FIREARMS. THE LICENSING AUTHORITY WITH  JURIS-
   18  DICTION  IN  THE  COUNTY  OR  CITY  HAVING A POPULATION OF LESS THAN ONE
   19  MILLION, SHALL ISSUE A LICENSE TO CARRY AND POSSESS A PISTOL OR REVOLVER
   20  PURSUANT TO THIS SECTION WITHIN SIXTY DAYS OF A RETIRED  POLICE  OFFICER
   21  APPLICANT'S  SUBMISSION AND SUCH LICENSE SHALL AUTHORIZE THE LICENSEE TO
   22  CARRY AND POSSESS FIREARMS IN EVERY COUNTY AND CITY IN THIS STATE.
   23    (B) FOR THE PURPOSES OF THIS SECTION, "RETIRED POLICE  OFFICER"  SHALL
   24  MEAN  A  FORMER POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF
   25  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO UPON SEPARATION  FROM  A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09679-01-5
       A. 5993                             2
    1  LAW ENFORCEMENT AGENCY OR DEPARTMENT WAS IMMEDIATELY ENTITLED TO RECEIVE
    2  RETIREMENT  BENEFITS  UNDER  THE PROVISIONS OF THE RETIREMENT AND SOCIAL
    3  SECURITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
    4    S 2. This act shall take effect immediately.