S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          993
                              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
       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-f to read as follows:
    3    7-F. 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-F 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-F  of
   21  subdivision  a of section 265.20 of this chapter shall make such request
   22  in writing of the licensing officer with whom his OR HER application for
   23  a license is filed, at the time of filing such application. Such request
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01146-01-3
       S. 993                              2
    1  shall include a signed and verified statement by the  person  authorized
    2  to instruct and supervise the applicant, that has met with the applicant
    3  and  that  he  OR  SHE has determined that, in his OR HER judgment, said
    4  applicant  does  not  appear  to be or poses a threat to be, a danger to
    5  himself, HERSELF or to others. He OR SHE shall include a copy of his  OR
    6  HER certificate as an instructor in small arms, if he OR SHE is required
    7  to  be certified, and state his OR HER address and telephone number.  He
    8  OR SHE shall specify the exact location by name, address  and  telephone
    9  number  where  such  instruction will take place. Such licensing officer
   10  shall, no later than ten business days after such  filing,  request  the
   11  duly  constituted police authorities of the locality where such applica-
   12  tion is made to investigate and ascertain any previous  criminal  record
   13  of  the  applicant  pursuant  to subdivision four of this section.  Upon
   14  completion of this investigation, the police authority shall report  the
   15  results  to the licensing officer without unnecessary delay. The licens-
   16  ing officer shall no later than ten business days after the  receipt  of
   17  such  investigation,  determine  if  the  applicant  has been previously
   18  denied a license, been convicted of a felony, or  been  convicted  of  a
   19  serious  offense,  and  either  approve  or disapprove the applicant for
   20  exemption purposes based upon such determinations. If the  applicant  is
   21  approved  for  the  exemption,  the  licensing  officer shall notify the
   22  appropriate duly constituted police authorities and the applicant.  Such
   23  exemption  shall terminate if the application for the license is denied,
   24  or at any earlier time  based  upon  any  information  obtained  by  the
   25  licensing  officer  or  the  appropriate  police authorities which would
   26  cause the license to be denied. The  applicant  and  appropriate  police
   27  authorities shall be notified of any such terminations.
   28    S  3.  This  act shall take effect on the ninetieth day after it shall
   29  have become a law.