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

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     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-

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     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.