STATE OF NEW YORK
        ________________________________________________________________________
                                          4842
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        Introduced   by   Sens.   CROCI,  AKSHAR,  DeFRANCISCO,  FUNKE,  HANNON,
          MARCHIONE, MURPHY, ORTT, ROBACH,  SEWARD,  YOUNG  --  read  twice  and
          ordered  printed, and when printed to be committed 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. Application by a retired police officer,
    14  who submits an application containing  a  certification  or  attestation
    15  from  the  law  enforcement  agency  or  department from which he or she
    16  retired in good standing,  shall  be  presumptive  evidence  as  to  the
    17  fitness  and  qualification  to  carry  and  possess firearms. Provided,
    18  however, the application containing a certification or attestation  must
    19  be  filed  with  the  licensing officer within ninety days of the police
    20  officer's date of retirement.  The licensing authority with jurisdiction
    21  in the county or city having a population  of  less  than  one  million,
    22  shall issue a license to carry and possess a pistol or revolver pursuant
    23  to  this  section  within  sixty days of a retired police officer appli-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00841-02-7

        S. 4842                             2
     1  cant's submission and such license shall authorize the licensee to carry
     2  and possess firearms in every county and city in this state.
     3    (b)  For  the purposes of this section, "retired police officer" shall
     4  mean a former police officer, as defined in subdivision  thirty-four  of
     5  section  1.20  of the criminal procedure law, who upon separation from a
     6  law enforcement agency or department was immediately entitled to receive
     7  retirement benefits under the provisions of the  retirement  and  social
     8  security law or the administrative code of the city of New York.
     9    § 2. This act shall take effect immediately.