STATE OF NEW YORK
________________________________________________________________________
10755
IN ASSEMBLY
July 9, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen-
thal) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the penal law, in
relation to prohibiting peace officers from carrying firearms
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 2.20 of the criminal procedure law is amended by
2 adding a new subdivision 1-a to read as follows:
3 1-a. A person designated in section 2.10 of this article shall be
4 prohibited from carrying or using a firearm during the scope of employ-
5 ment. An exception shall be made when a peace officer has possession of
6 a firearm for the purpose of disposing such firearm, but in no case
7 shall such firearm be discharged at any time.
8 § 2. Subparagraph (i) of paragraph (b) of subdivision 5 and subdivi-
9 sion 6 of section 400.00 of the penal law, subparagraph (i) of paragraph
10 (b) of subdivision 5 as added by chapter 1 of the laws of 2013 and
11 subdivision 6 as amended by chapter 104 of the laws of 2019, are amended
12 to read as follows:
13 (i) the applicant's life or safety may be endangered by disclosure
14 because:
15 (A) the applicant is an active or retired police officer, retired
16 peace officer, probation officer, parole officer, or corrections offi-
17 cer;
18 (B) the applicant is a protected person under a currently valid order
19 of protection;
20 (C) the applicant is or was a witness in a criminal proceeding involv-
21 ing a criminal charge;
22 (D) the applicant is participating or previously participated as a
23 juror in a criminal proceeding, or is or was a member of a grand jury;
24 or
25 (E) the applicant is a spouse, domestic partner or household member of
26 a person identified in this subparagraph or subparagraph (ii) of this
27 paragraph, specifying which subparagraph or subparagraphs and clauses
28 apply.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16672-01-0
A. 10755 2
1 6. License: validity. Any license issued pursuant to this section
2 shall be valid notwithstanding the provisions of any local law or ordi-
3 nance. No license shall be transferable to any other person or prem-
4 ises. A license to carry or possess a pistol or revolver, not otherwise
5 limited as to place or time of possession, shall be effective throughout
6 the state, except that the same shall not be valid within the city of
7 New York unless a special permit granting validity is issued by the
8 police commissioner of that city. Such license to carry or possess shall
9 be valid within the city of New York in the absence of a permit issued
10 by the police commissioner of that city, provided that (a) the firearms
11 covered by such license have been purchased from a licensed dealer with-
12 in the city of New York and are being transported out of said city
13 forthwith and immediately from said dealer by the licensee in a locked
14 container during a continuous and uninterrupted trip; or provided that
15 (b) the firearms covered by such license are being transported by the
16 licensee in a locked container and the trip through the city of New York
17 is continuous and uninterrupted; or provided that (c) the firearms
18 covered by such license are carried by armored car security guards
19 transporting money or other valuables, in, to, or from motor vehicles
20 commonly known as armored cars, during the course of their employment;
21 or provided that (d) the licensee is a retired police officer as police
22 officer is defined pursuant to subdivision thirty-four of section 1.20
23 of the criminal procedure law or a retired federal law enforcement offi-
24 cer, as defined in section 2.15 of the criminal procedure law, who has
25 been issued a license by an authorized licensing officer as defined in
26 subdivision ten of section 265.00 of this chapter; provided, further,
27 however, that if such license was not issued in the city of New York it
28 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
29 ment Officer", as the case may be, and, in the case of a retired officer
30 the license shall be deemed to permit only police or federal law
31 enforcement regulations weapons[; or provided that (e) the licensee is a
32 peace officer described in subdivision four of section 2.10 of the crim-
33 inal procedure law and the license, if issued by other than the city of
34 New York, is marked "New York State Tax Department Peace Officer" and in
35 such case the exemption shall apply only to the firearm issued to such
36 licensee by the department of taxation and finance]. A license as
37 gunsmith or dealer in firearms shall not be valid outside the city or
38 county, as the case may be, where issued. Notwithstanding any inconsist-
39 ent provision of state or local law or rule or regulation, the premises
40 limitation set forth in any license to have and possess a pistol or
41 revolver in the licensee's dwelling or place of business pursuant to
42 paragraph (a) or (b) of subdivision two of this section shall not
43 prevent the transport of such pistol or revolver directly to or from (i)
44 another dwelling or place of business of the licensee where the licensee
45 is authorized to have and possess such pistol or revolver, (ii) an
46 indoor or outdoor shooting range that is authorized by law to operate as
47 such, (iii) a shooting competition at which the licensee may possess
48 such pistol or revolver consistent with the provisions of subdivision a
49 of section 265.20 of this chapter or consistent with the law applicable
50 at the place of such competition, or (iv) any other location where the
51 licensee is lawfully authorized to have and possess such pistol or
52 revolver; provided however, that during such transport to or from a
53 location specified in clauses (i) through (iv) of this paragraph, the
54 pistol or revolver shall be unloaded and carried in a locked container,
55 and the ammunition therefor shall be carried separately; provided
56 further, however, that a license to have and possess a pistol or revol-
A. 10755 3
1 ver in the licensee's dwelling or place of business pursuant to para-
2 graph (a) or (b) of subdivision two of this section that is issued by a
3 licensing officer other than the police commissioner of the city of New
4 York shall not authorize transport of a pistol or revolver into the city
5 of New York in the absence of written authorization to do so by the
6 police commissioner of that city. The term "locked container" shall not
7 include the glove compartment or console of a vehicle.
8 § 3. This act shall take effect immediately.