STATE OF NEW YORK
        ________________________________________________________________________

                                          10578

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
          -- read once and referred to the Committee on Codes

        AN  ACT  to  amend  the  penal  law,  in  relation to qualified firearms
          instructors

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

     1    Section  1.  Subdivision  19  of  section  265.00 of the penal law, as
     2  amended by chapter 150 of the laws  of  2020,  is  amended  to  read  as
     3  follows:
     4    19. "Duly authorized instructor" means (a) a duly commissioned officer
     5  of  the United States army, navy, marine corps or coast guard, or of the
     6  national guard of the state of New York; or (b) a duly  qualified  adult
     7  citizen  of  the  United States who has been granted a certificate as an
     8  instructor in small arms practice issued by the United States army, navy
     9  or marine corps, or by the adjutant general of this  state,  or  by  the
    10  national rifle association of America, a not-for-profit corporation duly
    11  organized  under  the laws of this state; (c) by a person duly qualified
    12  and designated by the department  of  environmental  conservation  under
    13  paragraph c of subdivision three of section 11-0713 of the environmental
    14  conservation  law  as  its  agent  in  the giving of instruction and the
    15  making of certifications of qualification in responsible  hunting  prac-
    16  tices;  [or] (d) a New York state 4-H certified shooting sports instruc-
    17  tor; or (e) a qualified firearms instructor.
    18    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
    19  vision 33 to read as follows:
    20    33. "Qualified firearms instructor" means an individual  who  holds  a
    21  certificate as a firearms instructor from an association or organization
    22  recognized by the division of criminal justice services.
    23    §  3.  Paragraph  7-b  of subdivision a of section 265.20 of the penal
    24  law, as amended by chapter 511 of the laws of 2014, is amended  to  read
    25  as follows:
    26    7-b.  Possession and use, at an indoor or outdoor pistol range located
    27  in or on premises owned or occupied by a duly incorporated  organization
    28  organized  for  conservation  purposes or to foster proficiency in small

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15553-01-2

        A. 10578                            2

     1  arms or at a target pistol shooting competition under the auspices of or
     2  approved by the national rifle association for the  purpose  of  loading
     3  and  firing  the  same,  by  a  person  who has applied for a license to
     4  possess a pistol or revolver and pre-license possession of same pursuant
     5  to section 400.00 or 400.01 of this chapter, who has not been previously
     6  denied  a  license,  been  previously  convicted  of a felony or serious
     7  offense, and who does not appear to be, or pose a threat to be, a danger
     8  to himself or to others, and who has been approved  for  possession  and
     9  use  herein in accordance with section 400.00 or 400.01 of this chapter;
    10  provided however, that such possession shall be of a pistol or  revolver
    11  duly  licensed  to and shall be used under the supervision, guidance and
    12  instruction of, a person specified in paragraph seven of  this  subdivi-
    13  sion, or a qualified firearms instructor, and provided further that such
    14  possession  and  use be within the jurisdiction of the licensing officer
    15  with whom the person has made application therefor or within the  juris-
    16  diction  of  the superintendent of state police in the case of a retired
    17  sworn member of the division of state police who has opted  to  make  an
    18  application pursuant to section 400.01 of this chapter.
    19    § 4. This act shall take effect immediately.