S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          662
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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  license  to  carry  and
         possess firearms
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 400.00 of the penal law is amended by adding a new
    2  subdivision 1-a to read as follows:
    3    1-A. QUALIFICATIONS. IN ADDITION TO  THE  REQUIREMENTS  SET  FORTH  IN
    4  SUBDIVISION  ONE  OF THIS SECTION, NO LICENSE SHALL BE ISSUED OR RENEWED
    5  TO A PERSON WHO IS NOT IN THE BUSINESS OF GUNSMITH OR DEALER  EXCEPT  TO
    6  AN APPLICANT:
    7    (A)  WHO IS EIGHTEEN YEARS OF AGE OR OLDER; (B) WHO HAS SATISFACTORILY
    8  COMPLETED A COURSE, APPROVED BY THE  COMMISSIONER  OF  THE  DIVISION  OF
    9  CRIMINAL  JUSTICE  SERVICES,  OF  NOT LESS THAN FIFTEEN HOURS IN (I) THE
   10  SAFE AND ACCURATE USE OF A PISTOL OR REVOLVER; (II) THE  PROPER  MAINTE-
   11  NANCE  OF  A PISTOL OR REVOLVER; (III) THE LAWS REGARDING POSSESSION AND
   12  USE OF A PISTOL OR REVOLVER; AND (IV) THE ADMINISTRATION OF FIRST AID TO
   13  PERSONS INJURED BY A PISTOL OR REVOLVER; AND (C) WHO CAN  PROVE  TO  THE
   14  SATISFACTION  OF THE LICENSING OFFICER AND THE SIGNATORY DISTRICT ATTOR-
   15  NEY OR ATTORNEYS THAT THERE IS AN  EXTRAORDINARY  LIKELIHOOD  THAT  SUCH
   16  PERSON  MAY  FIND  HIMSELF OR HERSELF IN A SITUATION WHERE HE OR SHE MAY
   17  HAVE TO USE A PISTOL OR REVOLVER TO PROTECT HIMSELF, HERSELF OR  OTHERS,
   18  FROM IMMINENT DANGER OF DEATH.
   19    S 2. Section 400.00 of the penal law is amended by adding a new subdi-
   20  vision 5-a to read as follows:
   21    5-A.  APPROVAL. NO LICENSE FOR A PISTOL OR REVOLVER SHALL BE ISSUED OR
   22  RENEWED PURSUANT TO THIS SECTION BY THE LICENSING OFFICER,  EXCEPT  WITH
   23  THE  WRITTEN  AND SIGNED APPROVAL OF THE DISTRICT ATTORNEY OF THE COUNTY
   24  WHEREIN THE APPLICANT RESIDES  OR,  IN  THE  CASE  WHERE  THE  APPLICANT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02131-01-3
       S. 662                              2
    1  INTENDS  TO USE SUCH PISTOL OR REVOLVER PRIMARILY IN A COUNTY OUTSIDE OF
    2  THE APPLICANT'S COUNTY OF RESIDENCE, WITH THE  APPROVAL  OF  SUCH  OTHER
    3  COUNTY'S  DISTRICT  ATTORNEY, OR IN THE CASE WHERE THE APPLICANT INTENDS
    4  TO USE SUCH PISTOL OR REVOLVER IN SEVERAL COUNTIES OUTSIDE OF THE APPLI-
    5  CANT'S  COUNTY  OF RESIDENCE, WITH THE APPROVAL OF THE DISTRICT ATTORNEY
    6  OF THE COUNTY WHEREIN THE APPLICANT RESIDES PLUS AT LEAST  ONE  DISTRICT
    7  ATTORNEY  OF  A COUNTY WHERE THE APPLICANT INTENDS TO USE SUCH PISTOL OR
    8  REVOLVER.
    9    S 3. This act shall take effect on the thirtieth day  after  it  shall
   10  have become a law.