STATE OF NEW YORK
        ________________________________________________________________________

                                          8262

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     August 25, 2021
                                       ___________

        Introduced  by M. of A. MEEKS -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to requiring  individuals  to
          complete  a five-hour firearm, rifle, and shotgun safety course before
          purchasing a firearm, rifle, shotgun, or ammunition therefor

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 400.04 to
     2  read as follows:
     3  § 400.04 Firearm, rifle, and shotgun safety course.
     4    1. The commissioner of criminal justice services shall develop a five-
     5  hour firearm, rifle, and shotgun safety course designed to educate indi-
     6  viduals on the safe  and  legal  storage,  use,  and  transportation  of
     7  firearms, rifles, and shotguns in New York state.
     8    2. The commissioner of criminal justice services shall develop a proc-
     9  ess  whereby  a dealer in firearms, gunsmith, operator or employee of an
    10  indoor or outdoor shooting range that is authorized by law to operate as
    11  such, gun show operator, firearm exhibitor, or a law enforcement  agency
    12  or employee thereof may apply to be an authorized safety course instruc-
    13  tor.
    14    3. An authorized safety course instructor shall issue a certificate of
    15  completion to each individual who completes a safety course administered
    16  by  such  authorized  safety  course instructor within a reasonable time
    17  following the completion of such safety course.    Such  certificate  of
    18  completion  shall  contain  the name, date of birth, and address, of the
    19  individual to whom such certificate of completion is issued. The author-
    20  ized safety course instructor issuing a certificate of completion to  an
    21  individual  shall  affirm upon such certificate of completion, under the
    22  penalties of perjury, that the individual to whom  such  certificate  of
    23  completion  is issued has completed a safety course administered by such
    24  authorized safety course instructor, in its entirety.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11904-02-1

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     1    4. Notwithstanding any other provision of law, no dealer in  firearms,
     2  firearm  exhibitor,  or any other person, firm, partnership, corporation
     3  or company otherwise authorized to sell firearms, rifles,  and/or  shot-
     4  guns  in  New  York state shall sell a firearm, rifle, or shotgun to any
     5  individual  unless such individual provides such seller a certificate of
     6  completion issued in his or her name and  endorsed  and  affirmed  under
     7  penalties of perjury by an authorized safety course instructor.
     8    5.  For  the  purposes of this section, the following terms shall have
     9  the following meanings:
    10    (a) "Safety course" means  the  firearm,  rifle,  and  shotgun  safety
    11  course developed by the commissioner of criminal justice services pursu-
    12  ant to subdivision one of this section.
    13    (b) "Authorized safety course instructor" means an individual or enti-
    14  ty authorized by the commissioner of criminal justice services to admin-
    15  ister the safety course and issue certificates of completion.
    16    (c)  "Certificate of completion" means a certificate verifying that an
    17  individual has completed a  safety  course  with  an  authorized  safety
    18  course instructor.
    19    (d)  "Law  enforcement  agency"  means any agency or department of any
    20  municipality, any police district, or any  agency,  department,  commis-
    21  sion,  authority  or public benefit corporation of the state of New York
    22  employing a police officer or police officers as that term is defined in
    23  paragraphs (a), (b), (c), (d), (e), (f), (j), (k), (l), (o),  (p),  (s),
    24  and  (u)  of  subdivision  thirty-four  of  section 1.20 of the criminal
    25  procedure law.
    26    (e) "Gun show operator" shall have the  same  meaning  as  defined  by
    27  section eight hundred ninety-five of the general business law.
    28    (f)  "Firearm  exhibitor"  shall  have  the same meaning as defined by
    29  section eight hundred ninety-five of the general business law.
    30    § 2. Subdivision 3 of section 400.03 of the penal  law,  as  added  by
    31  chapter 1 of the laws of 2013, is amended to read as follows:
    32    3.  [No  later  than thirty days after the superintendent of the state
    33  police certifies that the statewide license and record  database  estab-
    34  lished pursuant to section 400.02 of this article is operational for the
    35  purposes  of  this section, a] A dealer in firearms licensed pursuant to
    36  section 400.00 of this article, or a seller of ammunition as defined  in
    37  subdivision  twenty-four  of  section  265.00  of this chapter shall not
    38  transfer any ammunition to any other person  who  is  not  a  dealer  in
    39  firearms  as  defined  in  subdivision  nine of such section 265.00 or a
    40  seller of ammunition as defined in subdivision  twenty-four  of  section
    41  265.00 of this chapter, unless:
    42    (a)  before  the  completion  of  the transfer, the licensee or seller
    43  contacts the statewide license and  record  database  and  provides  the
    44  database  with information sufficient to identify such dealer or seller,
    45  transferee based on information on the transferee's identification docu-
    46  ment as defined in paragraph (c) of this subdivision,  as  well  as  the
    47  amount,  calibre, manufacturer's name and serial number, if any, of such
    48  ammunition;
    49    (b) the system provides the licensee or seller with a unique identifi-
    50  cation number; [and]
    51    (c) the transferor has verified the  identity  of  the  transferee  by
    52  examining a valid state identification document of the transferee issued
    53  by  the department of motor vehicles or if the transferee is not a resi-
    54  dent of the state of New York, a valid identification document issued by
    55  the transferee's state or country of residence containing  a  photograph
    56  of the transferee; and

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     1    (d) if the transferee is not a dealer in firearms or a seller of ammu-
     2  nition as such terms are defined by section 265.00 of this chapter, such
     3  transferee provides the transferor a certificate of completion issued in
     4  his  or her name and endorsed and affirmed under penalties of perjury by
     5  an  authorized  safety  course  instructor pursuant to section 400.04 of
     6  this article.
     7    § 3. This act shall take effect on the first of January next  succeed-
     8  ing the date upon which it shall have become a law. Effective immediate-
     9  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    10  necessary for the implementation of this act on its effective  date  are
    11  authorized  to  be  made  and  completed by the commissioner of criminal
    12  justice services on or before such effective date.