S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        993--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes  --  recommitted  to
         the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN ACT to amend the penal law, in relation to authorizing the possession
         of  a pistol or revolver while attending a pre-license firearms safety
         course
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision a of section 265.20 of the penal law is amended
    2  by adding a new paragraph 7-g to read as follows:
    3    7-G.  POSSESSION  OF  A PISTOL OR REVOLVER BY A PERSON WHO HAS APPLIED
    4  FOR A LICENSE TO POSSESS A PISTOL OR REVOLVER AND PRE-LICENSE POSSESSION
    5  OF SAME PURSUANT TO SECTION 400.00 OF THIS CHAPTER,  WHO  HAS  NOT  BEEN
    6  PREVIOUSLY  DENIED  A  LICENSE, BEEN PREVIOUSLY CONVICTED OF A FELONY OR
    7  SERIOUS OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A THREAT TO  BE,
    8  A DANGER TO HIMSELF, HERSELF OR TO OTHERS, AND WHO HAS BEEN APPROVED FOR
    9  POSSESSION  IN  ACCORDANCE WITH SECTION 400.00 OF THIS CHAPTER; PROVIDED
   10  THAT SUCH POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY  LICENSED  TO
   11  AND  SHALL  BE POSSESSED UNDER THE SUPERVISION, GUIDANCE AND INSTRUCTION
   12  OF A CERTIFIED FIREARMS SAFETY COURSE INSTRUCTOR, AND  PROVIDED  FURTHER
   13  THAT SUCH POSSESSION OCCURS DURING THE COURSE OF A CERTIFIED PRE-LICENSE
   14  FIREARMS SAFETY COURSE IN WHICH SUCH PERSON IS ENROLLED.
   15    S  2.  Paragraph  (b)  of subdivision 3 of section 400.00 of the penal
   16  law, as added by chapter 778 of the laws of 1985, is amended to read  as
   17  follows:
   18    (b) Application for an exemption under paragraph seven-b OR SEVEN-G of
   19  subdivision a of section 265.20 of this chapter. Each applicant desiring
   20  to  obtain  the  exemption  set forth in paragraph seven-b OR SEVEN-G of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01146-02-4
       S. 993--A                           2
    1  subdivision a of section 265.20 of this chapter shall make such  request
    2  in writing of the licensing officer with whom his OR HER application for
    3  a license is filed, at the time of filing such application. Such request
    4  shall  include  a signed and verified statement by the person authorized
    5  to instruct and supervise the applicant, that has met with the applicant
    6  and that he OR SHE has determined that, in his  OR  HER  judgment,  said
    7  applicant  does  not  appear  to be or poses a threat to be, a danger to
    8  himself, HERSELF or to others. He OR SHE shall include a copy of his  OR
    9  HER certificate as an instructor in small arms, if he OR SHE is required
   10  to  be certified, and state his OR HER address and telephone number.  He
   11  OR SHE shall specify the exact location by name, address  and  telephone
   12  number  where  such  instruction will take place. Such licensing officer
   13  shall, no later than ten business days after such  filing,  request  the
   14  duly  constituted police authorities of the locality where such applica-
   15  tion is made to investigate and ascertain any previous  criminal  record
   16  of  the  applicant  pursuant  to subdivision four of this section.  Upon
   17  completion of this investigation, the police authority shall report  the
   18  results  to the licensing officer without unnecessary delay. The licens-
   19  ing officer shall no later than ten business days after the  receipt  of
   20  such  investigation,  determine  if  the  applicant  has been previously
   21  denied a license, been convicted of a felony, or  been  convicted  of  a
   22  serious  offense,  and  either  approve  or disapprove the applicant for
   23  exemption purposes based upon such determinations. If the  applicant  is
   24  approved  for  the  exemption,  the  licensing  officer shall notify the
   25  appropriate duly constituted police authorities and the applicant.  Such
   26  exemption  shall terminate if the application for the license is denied,
   27  or at any earlier time  based  upon  any  information  obtained  by  the
   28  licensing  officer  or  the  appropriate  police authorities which would
   29  cause the license to be denied. The  applicant  and  appropriate  police
   30  authorities shall be notified of any such terminations.
   31    S  3.  This  act shall take effect on the ninetieth day after it shall
   32  have become a law.