STATE OF NEW YORK
        ________________________________________________________________________

                                          3553

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to permitting security guards
          and private investigators licensed to possess or carry  a  firearm  to
          possess  and  carry  such firearm in New York City without obtaining a
          special permit from the police commissioner of the city of New York

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

     1    Section  1.  Subdivision  6  of  section  400.00  of the penal law, as
     2  amended by chapter 212 of the laws  of  2022,  is  amended  to  read  as
     3  follows:
     4    6.  License:  validity.  Any  license  issued pursuant to this section
     5  shall be valid notwithstanding the provisions of any local law or  ordi-
     6  nance. No license shall be transferable to any other person or premises.
     7  A  license  to  carry or possess a pistol or revolver, or to purchase or
     8  take possession of a semiautomatic rifle, not otherwise  limited  as  to
     9  place  or  time  of possession, shall be effective throughout the state,
    10  except that the same shall not be valid within  the  city  of  New  York
    11  unless  a  special  permit  granting  validity  is  issued by the police
    12  commissioner of that city. Such license to carry  or  possess  shall  be
    13  valid  within  the city of New York in the absence of a permit issued by
    14  the police commissioner of that city, provided  that  (a)  the  firearms
    15  covered by such license have been purchased from a licensed dealer with-
    16  in  the  city  of  New  York  and are being transported out of said city
    17  forthwith and immediately from said dealer by the licensee in  a  locked
    18  container  during  a continuous and uninterrupted trip; or provided that
    19  (b) the firearms covered by such license are being  transported  by  the
    20  licensee in a locked container and the trip through the city of New York
    21  is  continuous  and  uninterrupted;  or  provided  that (c) the firearms
    22  covered by such license are  carried  by  armored  car  security  guards
    23  transporting  money  or  other valuables, in, to, or from motor vehicles

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08399-01-3

        A. 3553                             2

     1  commonly known as armored cars, during the course of  their  employment;
     2  or  provided that (d) the licensee is a retired police officer as police
     3  officer is defined pursuant to subdivision thirty-four of  section  1.20
     4  of the criminal procedure law or a retired federal law enforcement offi-
     5  cer,  as  defined in section 2.15 of the criminal procedure law, who has
     6  been issued a license by an authorized licensing officer as  defined  in
     7  subdivision  ten  of  section 265.00 of this chapter; provided, further,
     8  however, that if such license was not issued in the city of New York  it
     9  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    10  ment Officer", as the case may be, and, in the case of a retired officer
    11  the  license  shall  be  deemed  to  permit  only  police or federal law
    12  enforcement regulations weapons; or provided that (e) the licensee is  a
    13  peace officer described in subdivision four of section 2.10 of the crim-
    14  inal  procedure law and the license, if issued by other than the city of
    15  New York, is marked "New York State Tax Department Peace Officer" and in
    16  such case the exemption shall apply only to the firearm issued  to  such
    17  licensee  by  the  department of taxation and finance ; or provided that
    18  (f) the licensee is a special armed guard duly registered  and  in  good
    19  standing with the department of state pursuant to article seven-A of the
    20  general  business law, or is a private investigator duly licensed and in
    21  good standing with the department of state pursuant to article seven  of
    22  the  general  business  law. A license as gunsmith or dealer in firearms
    23  shall not be valid outside the city or county, as the case may be, where
    24  issued. Notwithstanding any inconsistent provision of state or local law
    25  or rule or regulation, the premises limitation set forth in any  license
    26  to  have  and possess a pistol or revolver in the licensee's dwelling or
    27  place of business pursuant to paragraph (a) or (b) of subdivision two of
    28  this section shall not prevent the transport of such pistol or  revolver
    29  directly  to  or  from  (i) another dwelling or place of business of the
    30  licensee where the licensee is  authorized  to  have  and  possess  such
    31  pistol  or  revolver,  (ii)  an indoor or outdoor shooting range that is
    32  authorized by law to operate as such, (iii) a  shooting  competition  at
    33  which  the  licensee may possess such pistol or revolver consistent with
    34  the provisions of subdivision a of section 265.20  of  this  chapter  or
    35  consistent  with the law applicable at the place of such competition, or
    36  (iv) any other location where the licensee  is  lawfully  authorized  to
    37  have  and possess such pistol or revolver; provided however, that during
    38  such transport to or from a location specified in  clauses  (i)  through
    39  (iv)  of  this  paragraph,  the pistol or revolver shall be unloaded and
    40  carried in a locked container, and  the  ammunition  therefor  shall  be
    41  carried  separately;  provided  further, however, that a license to have
    42  and possess a pistol or revolver in the licensee's dwelling or place  of
    43  business  pursuant  to  paragraph  (a) or (b) of subdivision two of this
    44  section that is issued by a licensing  officer  other  than  the  police
    45  commissioner  of the city of New York shall not authorize transport of a
    46  pistol or revolver into the city of New York in the absence  of  written
    47  authorization to do so by the police commissioner of that city. The term
    48  "locked container" shall not include the glove compartment or console of
    49  a vehicle.
    50    §  2.  This  act shall take effect on the thirtieth day after it shall
    51  have become a law.