STATE OF NEW YORK
        ________________________________________________________________________

                                          5902

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 22, 2023
                                       ___________

        Introduced by Sens. BRISPORT, JACKSON, SANDERS -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to requiring proof of liabil-
          ity insurance prior to the issuance of a license to carry a firearm

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

     1    Section 1.  Subdivision 1 of section 400.00 of the penal law, as sepa-
     2  rately amended by chapters 371 and 669 of the laws of 2022,  is  amended
     3  to read as follows:
     4    1. Eligibility. No license shall be issued or renewed pursuant to this
     5  section  except  by  the licensing officer, and then only after investi-
     6  gation and finding that all statements in a  proper  application  for  a
     7  license  are  true.  No license shall be issued or renewed except for an
     8  applicant (a) twenty-one years of age or older, provided, however,  that
     9  where  such  applicant  has  been  honorably  discharged from the United
    10  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    11  national  guard  of the state of New York, no such age restriction shall
    12  apply; (b) of good moral character, which,  for  the  purposes  of  this
    13  article,  shall  mean  having  the  essential character, temperament and
    14  judgement necessary to be entrusted with a weapon and to use it only  in
    15  a  manner that does not endanger oneself or others; (c) who has not been
    16  convicted anywhere of a felony or a serious offense or who  is  not  the
    17  subject  of  an  outstanding  warrant  of arrest issued upon the alleged
    18  commission of a felony or serious offense; (d) who  is  not  a  fugitive
    19  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
    20  controlled substance as defined in section 21 U.S.C. 802; (f) who  being
    21  a  noncitizen (i) is not illegally or unlawfully in the United States or
    22  (ii) has not been admitted to the United  States  under  a  nonimmigrant
    23  visa  subject  to  the exception in 18 U.S.C. 922(y)(2); (g) who has not
    24  been discharged from the Armed Forces under dishonorable conditions; (h)
    25  who, having been a citizen of the United States, has not  renounced  his

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07639-01-3

        S. 5902                             2

     1  or  her  citizenship;  (i)  who  has  stated  whether he or she has ever
     2  suffered any mental illness; (j) who has not been involuntarily  commit-
     3  ted  to a facility under the jurisdiction of an office of the department
     4  of  mental  hygiene  pursuant  to  article nine or fifteen of the mental
     5  hygiene law, article seven hundred thirty or section 330.20 of the crim-
     6  inal procedure law or substantially similar laws  of  any  other  state,
     7  section  four  hundred  two or five hundred eight of the correction law,
     8  section 322.2 or 353.4 of the family court act,  has  not  been  civilly
     9  confined  in  a secure treatment facility pursuant to article ten of the
    10  mental hygiene law, or has not been the subject of a report made  pursu-
    11  ant  to  section  9.46  of the mental hygiene law; (k) who has not had a
    12  license revoked or who is not under a suspension or ineligibility  order
    13  issued  pursuant  to  the  provisions  of section 530.14 of the criminal
    14  procedure law or section eight hundred forty-two-a of the  family  court
    15  act;  (l) in the county of Westchester, who has successfully completed a
    16  firearms safety course  and  test  as  evidenced  by  a  certificate  of
    17  completion issued in his or her name and endorsed and affirmed under the
    18  penalties  of  perjury by a duly authorized instructor, except that: (i)
    19  persons who are honorably discharged from the United States army,  navy,
    20  marine  corps  or  coast guard, or of the national guard of the state of
    21  New York, and produce evidence of  official  qualification  in  firearms
    22  during  the  term  of  service  are not required to have completed those
    23  hours of a firearms safety course pertaining to the safe use,  carrying,
    24  possession,  maintenance and storage of a firearm; (ii) persons who were
    25  licensed to possess a pistol or revolver prior to the effective date  of
    26  this  paragraph  are  not  required  to have completed a firearms safety
    27  course and test, provided, however, persons with a license issued  under
    28  paragraph  (f) of subdivision two of this section prior to the effective
    29  date of [the] chapter three hundred seventy-one of the laws of two thou-
    30  sand twenty-two [which amended this  paragraph]  shall  be  required  to
    31  complete  the  training required by subdivision nineteen of this section
    32  prior to the recertification of such license; and (iii) persons applying
    33  for a license under paragraph (f) of subdivision two of this section  on
    34  or  after  the effective date of [the] chapter three hundred seventy-one
    35  of the laws of two thousand twenty-two [which  amended  this  paragraph]
    36  who  shall  be required to complete the training required under subdivi-
    37  sion nineteen of this section for such license; (m) who has  not  had  a
    38  guardian  appointed  for  him  or her pursuant to any provision of state
    39  law, based on a determination that  as  a  result  of  marked  subnormal
    40  intelligence,  mental  illness,  incompetency,  incapacity, condition or
    41  disease, he or she lacks the mental capacity to contract or  manage  his
    42  or  her  own affairs; (n) who submits proof of personal liability insur-
    43  ance; (o) for a license issued under paragraph (f) of subdivision two of
    44  this section, that the applicant has  not  been  convicted  within  five
    45  years  of  the  date  of  the  application  of any of the following: (i)
    46  assault in the third degree, as defined in section 120.00 of this  chap-
    47  ter;  (ii)  misdemeanor driving while intoxicated, as defined in section
    48  eleven hundred ninety-two of the  vehicle  and  traffic  law;  or  (iii)
    49  menacing,  as  defined  in section 120.15 of this chapter; and [(o)] (p)
    50  for a license issued under paragraph (f)  of  subdivision  two  of  this
    51  section,  the  applicant shall meet in person with the licensing officer
    52  for an interview and shall, in addition  to  any  other  information  or
    53  forms  required by the license application submit to the licensing offi-
    54  cer the following information: (i) names and contact information for the
    55  applicant's current spouse, or domestic partner, any other adults resid-
    56  ing in the applicant's home, including any adult children of the  appli-

        S. 5902                             3

     1  cant,  and  whether  or not there are minors residing, full time or part
     2  time, in the applicant's home; (ii) names and contact information of  no
     3  less  than  four  character references who can attest to the applicant's
     4  good  moral  character  and  that  such applicant has not engaged in any
     5  acts, or made any statements that suggest they are likely to  engage  in
     6  conduct that would result in harm to themselves or others; (iii) certif-
     7  ication  of  completion of the training required in subdivision nineteen
     8  of this section; (iv) a list of former and current social media accounts
     9  of the applicant from the past three years to  confirm  the  information
    10  regarding  the  applicants character and conduct as required in subpara-
    11  graph (ii) of this paragraph; and (v) such other information required by
    12  the licensing officer that is reasonably necessary and  related  to  the
    13  review of the licensing application.
    14    § 2. This act shall take effect on the first of November next succeed-
    15  ing  the  date  on  which  it shall have become a law and shall apply to
    16  licenses issued or renewed on or after such date.