STATE OF NEW YORK
        ________________________________________________________________________

                                          7186

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                     March 21, 2025
                                       ___________

        Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred 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.
                                                                   LBD08324-01-5

        A. 7186                             2

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

        A. 7186                             3

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