S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1646
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes
       AN  ACT  to amend the penal law, in relation to authorizing law enforce-
         ment officers to carry concealed handguns
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of  section  400.00  of the penal law, as
    2  amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
    3  follows:
    4    2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
    5  shall be issued to engage in such business. A license for  a  pistol  or
    6  revolver,  other  than  an  assault  weapon or a disguised gun, shall be
    7  issued to (a) have and possess in his dwelling  by  a  householder;  (b)
    8  have  and possess in his place of business by a merchant or storekeeper;
    9  (c) have and carry concealed while so employed by a  messenger  employed
   10  by  a  banking  institution  or  express  company;  (d)  have  and carry
   11  concealed by a justice of the supreme court in the first or second judi-
   12  cial departments, or by a judge of the New York city civil court or  the
   13  New  York  city  criminal  court;  (e) have and carry concealed while so
   14  employed by a regular employee of an institution of the state, or of any
   15  county, city, town or  village,  under  control  of  a  commissioner  of
   16  correction  of  the city or any warden, superintendent or head keeper of
   17  any state prison, penitentiary, workhouse, county jail or other institu-
   18  tion for the detention of persons convicted or accused of crime or  held
   19  as witnesses in criminal cases, provided that application is made there-
   20  for  by  such  commissioner,  warden, superintendent or head keeper; (f)
   21  HAVE AND CARRY CONCEALED BY QUALIFIED LAW ENFORCEMENT PERSONNEL OF  THIS
   22  STATE;  (G)  have  and  carry concealed, without regard to employment or
   23  place of possession, by any person when  proper  cause  exists  for  the
   24  issuance thereof; and [(g)] (H) have, possess, collect and carry antique
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04639-01-3
       A. 1646                             2
    1  pistols  which are defined as follows: (i) any single shot, muzzle load-
    2  ing pistol with a matchlock, flintlock, percussion cap, or similar  type
    3  of ignition system manufactured in or before l898, which is not designed
    4  for  using rimfire or conventional centerfire fixed ammunition; and (ii)
    5  any replica of any pistol described in clause (i) [hereof] OF THIS PARA-
    6  GRAPH if such replica[--]:
    7    (1) is not designed or redesigned for using  rimfire  or  conventional
    8  centerfire fixed ammunition, or
    9    (2)  uses rimfire or conventional centerfire fixed ammunition which is
   10  no longer manufactured in the United States and  which  is  not  readily
   11  available in the ordinary channels of commercial trade.
   12    S 2. Section 400.00 of the penal law is amended by adding a new subdi-
   13  vision 16-a to read as follows:
   14    16-A.  QUALIFIED  LAW  ENFORCEMENT  PERSONNEL. (A) FOR THE PURPOSES OF
   15  PARAGRAPH (F) OF SUBDIVISION TWO OF THIS SECTION, QUALIFIED LAW ENFORCE-
   16  MENT PERSONNEL MEANS ANY MEMBER OF LAW  ENFORCEMENT,  WHETHER  CURRENTLY
   17  EMPLOYED  IN,  PREVIOUSLY  EMPLOYED IN, OR RETIRED FROM SUCH EMPLOYMENT,
   18  WHO IS OR WAS AUTHORIZED TO CARRY A FIREARM DURING THE COURSE OF HIS  OR
   19  HER  EMPLOYMENT,  AND  WHO HAS A PHOTO IDENTIFICATION CARD OF HIMSELF OR
   20  HERSELF THAT WAS ISSUED BY HIS OR HER LAW ENFORCEMENT EMPLOYER. IN ADDI-
   21  TION, SUCH PERSON MUST  NOT  BE,  IN  ANY  OTHER  WAY,  PROHIBITED  FROM
   22  POSSESSING A FIREARM.
   23    (B)  FOR  PURPOSES  OF  THIS SUBDIVISION, IF A LAW ENFORCEMENT OFFICER
   24  RETIRED FROM SERVICE DUE TO A DISABILITY, THEN IN  ORDER  TO  BE  DEEMED
   25  QUALIFIED  LAW  ENFORCEMENT  PERSONNEL PURSUANT TO PARAGRAPH (A) OF THIS
   26  SUBDIVISION:
   27    (I) SUCH OFFICER MUST HAVE BEEN AN OFFICER FOR  AT  LEAST  FIVE  YEARS
   28  PRIOR TO HIS OR HER RETIREMENT;
   29    (II)  THE BASIS OF SUCH OFFICER'S DISABILITY MUST NOT HAVE BEEN DUE TO
   30  THE FACT THAT THE OFFICER WAS DECLARED MENTALLY INCAPACITATED OR MENTAL-
   31  LY UNFIT TO PERFORM HIS OR HER JOB DUTIES, OR FOR ANY OTHER REASON  THAT
   32  WOULD LEGALLY PREVENT HIM OR HER FROM POSSESSING A FIREARM; AND
   33    (III) SUCH OFFICER MUST ANNUALLY  QUALIFY TO POSSESS A FIREARM, AT HIS
   34  OR  HER  OWN EXPENSE, AT THE SAME COURSE OF FIRE REQUIRED FOR ACTIVE LAW
   35  ENFORCEMENT OFFICERS.
   36    (C) FOR PURPOSES OF THIS SUBDIVISION, IF  A  LAW  ENFORCEMENT  OFFICER
   37  RETIRED  FROM  SERVICE  FOR ANY REASON OTHER THAN SPECIFIED IN PARAGRAPH
   38  (B) OF THIS SUBDIVISION, THEN  IN  ORDER  TO  BE  DEEMED  QUALIFIED  LAW
   39  ENFORCEMENT PERSONNEL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION:
   40    (I)  SUCH OFFICER MUST HAVE BEEN AN OFFICER FOR AT LEAST FIFTEEN YEARS
   41  PRIOR TO HIS OR HER RETIREMENT; AND
   42    (II) SUCH OFFICER MUST ANNUALLY QUALIFY TO POSSESS A FIREARM,  AT  HIS
   43  OR  HER  OWN EXPENSE, AT THE SAME COURSE OF FIRE REQUIRED FOR ACTIVE LAW
   44  ENFORCEMENT OFFICERS. PRIOR TO TAKING ANY QUALIFICATION EXAMINATION, THE
   45  RETIRED LAW ENFORCEMENT OFFICER MUST CERTIFY TO THE QUALIFYING  INSTRUC-
   46  TOR THAT HE OR SHE:
   47    (1) RETIRED FROM A LAW ENFORCEMENT AGENCY;
   48    (2)  RETIRED  FOR  REASONS OTHER THAN THOSE LISTED IN PARAGRAPH (B) OF
   49  THIS SUBDIVISION;
   50    (3) WAS IN GOOD STANDING WITH HIS OR HER AGENCY AT THE TIME OF HIS  OR
   51  HER RETIREMENT;
   52    (4)  WAS,  PRIOR TO HIS OR HER RETIREMENT, AUTHORIZED BY LAW TO ENGAGE
   53  IN OR SUPERVISE THE PREVENTION, DETECTION, INVESTIGATION, OR PROSECUTION
   54  OF, OR THE INCARCERATION OF ANY PERSON FOR, ANY VIOLATION  OF  LAW,  AND
   55  HAD STATUTORY POWER TO EFFECT AND ARREST;
       A. 1646                             3
    1    (5)  WAS  EMPLOYED  AS  A LAW ENFORCEMENT OFFICER FOR AT LEAST FIFTEEN
    2  YEARS PRIOR TO HIS OR HER RETIREMENT;
    3    (6)  IS  NOT  PROHIBITED  FROM POSSESSING A FIREARM UNDER ANY STATE OR
    4  FEDERAL LAW; AND
    5    (7) CURRENTLY POSSESSES A VALID PERMIT TO CARRY A FIREARM.
    6    (D) THERE IS A PRESUMPTION THAT ANY RETIRED LAW ENFORCEMENT  PERSONNEL
    7  IN POSSESSION OF A PHOTO IDENTIFICATION CARD ISSUED BY HIS OR HER FORMER
    8  EMPLOYER RETIRED IN GOOD STANDING.
    9    (E)(I)  A  QUALIFYING INSTRUCTOR SHALL PRESENT A CERTIFICATE SIGNED BY
   10  HIMSELF OR HERSELF TO ANY RETIRED LAW ENFORCEMENT OFFICER WHO MEETS  THE
   11  QUALIFICATION  REQUIREMENTS.  SUCH CERTIFICATE SHALL DISPLAY THE DATE OF
   12  ISSUANCE AND SHALL ONLY BE VALID FOR A PERIOD OF ONE YEAR.
   13    (II) THE RETIRED LAW ENFORCEMENT OFFICER MUST  CARRY  THE  CERTIFICATE
   14  WITH  HIMSELF  OR HERSELF ANYTIME HE OR SHE ALSO HAS A FIREARM IN HIS OR
   15  HER POSSESSION. THE CERTIFICATE SHALL BE PRODUCED, ON DEMAND, TO ANY LAW
   16  ENFORCEMENT OFFICER.
   17    (F) ANY RETIRED LAW ENFORCEMENT OFFICER WHO HAS HIS OR HER LICENSE  TO
   18  CARRY  A FIREARM REVOKED FOR ANY REASON IS PERMANENTLY DISQUALIFIED FROM
   19  POSSESSION SUCH A LICENSE WITHIN THE STATE.
   20    S 3. Subdivision 11 of section 400.00 of the penal law, as amended  by
   21  chapter 210 of the laws of 1999, is amended to read as follows:
   22    11.  License:  revocation and suspension. The conviction of a licensee
   23  anywhere of a felony or serious offense shall operate as a revocation of
   24  the license. A license may be revoked or suspended as  provided  for  in
   25  section  530.14  of  the criminal procedure law or section eight hundred
   26  forty-two-a of the family court act. Except for a license issued  pursu-
   27  ant  to  section  400.01  of  this article, a license may be revoked and
   28  cancelled at any time in the city of New York, and in  the  counties  of
   29  Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
   30  city of New York by any judge or justice of a court of record; a license
   31  issued pursuant to section 400.01 of this article  may  be  revoked  and
   32  cancelled  at  any time by the licensing officer or any judge or justice
   33  of a court of record. The official revoking a license shall give written
   34  notice thereof without unnecessary delay to  the  executive  department,
   35  division  of state police, Albany, and shall also notify immediately the
   36  duly constituted police authorities of the locality.  ANY SUPREME  COURT
   37  JUDGE  MAY REVOKE A LICENSE ISSUED PURSUANT TO PARAGRAPH (F) OF SUBDIVI-
   38  SION TWO OF THIS SECTION FOR GOOD CAUSE SHOWN.
   39    S 4. This act shall take effect immediately.