STATE OF NEW YORK
        ________________________________________________________________________
                                          2096
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes
        AN  ACT  to amend the penal law, in relation to authorizing law enforce-
          ment officers to carry concealed handguns
          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 by qualified law enforcement personnel of  this
    22  state;  (g)  have  and  carry concealed, without regard to employment or
    23  place of possession, by any person when  proper  cause  exists  for  the
    24  issuance thereof; and [(g)] (h) have, possess, collect and carry antique
    25  pistols  which are defined as follows: (i) any single shot, muzzle load-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03297-01-7

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     1  ing pistol with a matchlock, flintlock, percussion cap, or similar  type
     2  of ignition system manufactured in or before l898, which is not designed
     3  for  using rimfire or conventional centerfire fixed ammunition; and (ii)
     4  any replica of any pistol described in clause (i) [hereof] of this para-
     5  graph if such replica[--]:
     6    (1)  is  not  designed or redesigned for using rimfire or conventional
     7  centerfire fixed ammunition, or
     8    (2) uses rimfire or conventional centerfire fixed ammunition which  is
     9  no  longer  manufactured  in  the United States and which is not readily
    10  available in the ordinary channels of commercial trade.
    11    § 2. Section 400.00 of the penal law is amended by adding a new subdi-
    12  vision 16-c to read as follows:
    13    16-c. Qualified law enforcement personnel. (a)  For  the  purposes  of
    14  paragraph (f) of subdivision two of this section, qualified law enforce-
    15  ment  personnel  means  any member of law enforcement, whether currently
    16  employed in, previously employed in, or retired  from  such  employment,
    17  who  is or was authorized to carry a firearm during the course of his or
    18  her employment, and who has a photo identification card  of  himself  or
    19  herself that was issued by his or her law enforcement employer. In addi-
    20  tion,  such  person  must  not  be,  in  any  other way, prohibited from
    21  possessing a firearm.
    22    (b) For purposes of this subdivision, if  a  law  enforcement  officer
    23  retired  from  service  due  to a disability, then in order to be deemed
    24  qualified law enforcement personnel pursuant to paragraph  (a)  of  this
    25  subdivision:
    26    (i)  such  officer  must  have been an officer for at least five years
    27  prior to his or her retirement;
    28    (ii) the basis of such officer's disability must not have been due  to
    29  the fact that the officer was declared mentally incapacitated or mental-
    30  ly  unfit to perform his or her job duties, or for any other reason that
    31  would legally prevent him or her from possessing a firearm; and
    32    (iii) such officer must annually  qualify to possess a firearm, at his
    33  or her own expense, at the same course of fire required for  active  law
    34  enforcement officers.
    35    (c)  For  purposes  of  this subdivision, if a law enforcement officer
    36  retired from service for any reason other than  specified  in  paragraph
    37  (b)  of  this  subdivision,  then  in  order  to be deemed qualified law
    38  enforcement personnel pursuant to paragraph (a) of this subdivision:
    39    (i) such officer must have been an officer for at least fifteen  years
    40  prior to his or her retirement; and
    41    (ii)  such  officer must annually qualify to possess a firearm, at his
    42  or her own expense, at the same course of fire required for  active  law
    43  enforcement officers. Prior to taking any qualification examination, the
    44  retired  law enforcement officer must certify to the qualifying instruc-
    45  tor that he or she:
    46    (1) retired from a law enforcement agency;
    47    (2) retired for reasons other than those listed in  paragraph  (b)  of
    48  this subdivision;
    49    (3)  was in good standing with his or her agency at the time of his or
    50  her retirement;
    51    (4) was, prior to his or her retirement, authorized by law  to  engage
    52  in or supervise the prevention, detection, investigation, or prosecution
    53  of,  or  the  incarceration of any person for, any violation of law, and
    54  had statutory power to effect and arrest;
    55    (5) was employed as a law enforcement officer  for  at  least  fifteen
    56  years prior to his or her retirement;

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     1    (6)  is  not  prohibited  from possessing a firearm under any state or
     2  federal law; and
     3    (7) currently possesses a valid permit to carry a firearm.
     4    (d)  There is a presumption that any retired law enforcement personnel
     5  in possession of a photo identification card issued by his or her former
     6  employer retired in good standing.
     7    (e)(i) A qualifying instructor shall present a certificate  signed  by
     8  himself  or herself to any retired law enforcement officer who meets the
     9  qualification requirements. Such certificate shall display the  date  of
    10  issuance and shall only be valid for a period of one year.
    11    (ii)  The  retired  law enforcement officer must carry the certificate
    12  with himself or herself anytime he or she also has a firearm in  his  or
    13  her possession. The certificate shall be produced, on demand, to any law
    14  enforcement officer.
    15    (f)  Any retired law enforcement officer who has his or her license to
    16  carry a firearm revoked for any reason is permanently disqualified  from
    17  possession of such a license within the state.
    18    §  3.  Paragraph  (a) of subdivision 11 of section 400.00 of the penal
    19  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
    20  follows:
    21    (a)  The  conviction  of  a  licensee  anywhere of a felony or serious
    22  offense or a licensee at  any  time  becoming  ineligible  to  obtain  a
    23  license under this section shall operate as a revocation of the license.
    24  A  license may be revoked or suspended as provided for in section 530.14
    25  of the criminal procedure law or section eight  hundred  forty-two-a  of
    26  the  family  court  act. Except for a license issued pursuant to section
    27  400.01 of this article, a license may be revoked and  cancelled  at  any
    28  time in the city of New York, and in the counties of Nassau and Suffolk,
    29  by  the licensing officer, and elsewhere than in the city of New York by
    30  any judge or justice of a court of record; a license issued pursuant  to
    31  section  400.01 of this article may be revoked and cancelled at any time
    32  by the licensing officer or any judge or justice of a court  of  record.
    33  The  official revoking a license shall give written notice thereof with-
    34  out unnecessary delay to the executive  department,  division  of  state
    35  police,  Albany,  and shall also notify immediately the duly constituted
    36  police authorities of the locality.  Any supreme court judge may  revoke
    37  a  license  issued  pursuant to paragraph (f) of subdivision two of this
    38  section for good cause shown.
    39    § 4. This act shall take effect immediately.