STATE OF NEW YORK
        ________________________________________________________________________
                                          10330
                   IN ASSEMBLY
                                      May 23, 2016
                                       ___________
        Introduced  by  M.  of  A.  CASTORINA  --  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
    26  of the criminal procedure law or a retired federal law enforcement offi-
    27  cer, as defined in section 2.15 of the criminal procedure law,  who  has
    28  been  issued  a license by an authorized licensing officer as defined in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07646-01-5

        A. 10330                            2
     1  subdivision ten of section 265.00 of this  chapter;  provided,  further,
     2  however,  that if such license was not issued in the city of New York it
     3  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
     4  ment Officer", as the case may be, and, in the case of a retired officer
     5  the  license  shall  be  deemed  to  permit  only  police or federal law
     6  enforcement regulations weapons; or provided that (e) the licensee is  a
     7  peace officer described in subdivision four of section 2.10 of the crim-
     8  inal  procedure law and the license, if issued by other than the city of
     9  New York, is marked "New York State Tax Department Peace Officer" and in
    10  such case the exemption shall apply only to the firearm issued  to  such
    11  licensee  by  the  department  of  taxation  and  finance[. A license as
    12  gunsmith or dealer in firearms shall not be valid outside  the  city  or
    13  county,  as  the  case  may be, where issued.]; or provided that (f) the
    14  licensee is a dealer, manufacturer or gunsmith of firearms and is carry-
    15  ing or possessing the firearms in the course of their employment.
    16    § 2. This act shall take effect immediately.