STATE OF NEW YORK
        ________________________________________________________________________

                                           138

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law and the  executive  law,  in  relation  to
          removing  the  national  rifle  association  from the list of entities
          authorized to grant certificates as instructors in small arms practice

          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 371 of the laws of 2022, 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  division of criminal justice services[, or by the national rifle associ-
    11  ation of America, a not-for-profit corporation duly organized under  the
    12  laws  of  this  state]; (c) by a person duly qualified and designated by
    13  the department of environmental conservation as its agent in the  giving
    14  of  instruction  and  the  making  of certifications of qualification in
    15  responsible hunting practices; or (d) a New  York  state  4-H  certified
    16  shooting sports instructor.
    17    §  2.  Subdivision 23 of section 837 of the executive law, as added by
    18  chapter 371 of the laws of 2022,  is  amended to read as follows:
    19    23. (a) In conjunction with the superintendent of [the] state  police,
    20  promulgate  policies  and  procedures  with regard to standardization of
    21  firearms safety training required under subdivision nineteen of  section
    22  400.00  of  the  penal  law,  which shall include the approval of course

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01873-01-3

        S. 138                              2

     1  materials and promulgation of proficiency standards for live fire train-
     2  ing; [and]
     3    (b)  In conjunction with the superintendent of state police, create an
     4  appeals board for the purpose of hearing appeals as provided in subdivi-
     5  sion four-a of section 400.00 of the penal law and promulgate rules  and
     6  regulations governing such appeals[.]; and
     7    (c)  Grant  certificates as instructors in small arms practice to duly
     8  qualified adult citizens pursuant to section 265.00 of  the  penal  law.
     9  The  division  shall  promulgate any rules and regulations necessary for
    10  the implementation of this subdivision.
    11    § 3. This act shall take effect on the same date and  same  manner  as
    12  section  22  of chapter 371 of the laws of 2022, takes effect. Effective
    13  immediately, the addition, amendment and/or repeal of any rule or  regu-
    14  lation  necessary  for  the implementation of this act on its  effective
    15  date are authorized to be made and completed on or before such effective
    16  date.