S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4536--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 8, 2013
                                      ___________
       Introduced  by  Sens.  GOLDEN,  BALL, BOYLE, GRISANTI, LANZA, MARTINS --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee on Codes -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the  penal  law,  in  relation  to  exempting  qualified
         retired  law  enforcement officers from certain limitations related to
         the possession of firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 265.00 of the penal law is amended by adding a new
    2  subdivision 25 to read as follows:
    3    25. "QUALIFIED RETIRED NEW YORK OR FEDERAL  LAW  ENFORCEMENT  OFFICER"
    4  MEANS AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER AS POLICE OFFICER IS
    5  DEFINED  IN  SUBDIVISION  THIRTY-FOUR  OF  SECTION  1.20 OF THE CRIMINAL
    6  PROCEDURE LAW, A RETIRED PEACE OFFICER AS PEACE OFFICER  IS  DEFINED  IN
    7  SECTION  2.10  OF  THE  CRIMINAL  PROCEDURE LAW OR A RETIRED FEDERAL LAW
    8  ENFORCEMENT OFFICER AS FEDERAL LAW ENFORCEMENT  OFFICER  IS  DEFINED  IN
    9  SECTION  2.15  OF  THE  CRIMINAL  PROCEDURE LAW, WHO: (A) SEPARATED FROM
   10  SERVICE IN GOOD STANDING FROM A PUBLIC AGENCY LOCATED IN NEW YORK  STATE
   11  IN WHICH SUCH PERSON SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR
   12  FEDERAL  LAW  ENFORCEMENT  OFFICER;  AND (B) BEFORE SUCH SEPARATION, WAS
   13  AUTHORIZED BY LAW TO ENGAGE IN OR SUPERVISE THE  PREVENTION,  DETECTION,
   14  INVESTIGATION,  OR  PROSECUTION  OF,  OR THE INCARCERATION OF ANY PERSON
   15  FOR, ANY VIOLATION OF LAW, AND HAD STATUTORY POWERS OF ARREST,  PURSUANT
   16  TO  THEIR OFFICIAL DUTIES, UNDER THE CRIMINAL PROCEDURE LAW; AND (C) (I)
   17  BEFORE SUCH SEPARATION, SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER
   18  OR FEDERAL LAW ENFORCEMENT OFFICER FOR FIVE YEARS OR  MORE  AND  AT  THE
   19  TIME  OF  SEPARATION, IS SUCH AN OFFICER; OR (II) SEPARATED FROM SERVICE
   20  WITH SUCH AGENCY, AFTER COMPLETING ANY APPLICABLE PROBATIONARY PERIOD OF
   21  SUCH SERVICE, DUE TO A SERVICE-CONNECTED DISABILITY,  AS  DETERMINED  BY
   22  SUCH AGENCY AT OR BEFORE THE TIME OF SEPARATION; AND (D)(I) HAS NOT BEEN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10050-04-3
       S. 4536--A                          2
    1  FOUND  BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY SUCH AGENCY TO BE
    2  UNQUALIFIED FOR REASONS RELATING TO  MENTAL  HEALTH;  OR  (II)  HAS  NOT
    3  ENTERED  INTO AN AGREEMENT WITH SUCH AGENCY FROM WHICH THE INDIVIDUAL IS
    4  SEPARATING  FROM SERVICE IN WHICH THAT INDIVIDUAL ACKNOWLEDGES HE OR SHE
    5  IS NOT QUALIFIED FOR REASONS RELATING TO MENTAL HEALTH; AND (E)  IS  NOT
    6  OTHERWISE  PROHIBITED  BY  NEW  YORK  OR FEDERAL LAW FROM POSSESSING ANY
    7  FIREARM.
    8    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
    9  vision e to read as follows:
   10    E. SUBDIVISION EIGHT OF SECTION 265.02 AND SECTIONS 265.36 AND  265.37
   11  OF  THIS  CHAPTER  SHALL  NOT  APPLY  TO A QUALIFIED RETIRED NEW YORK OR
   12  FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDIVISION TWENTY-FIVE OF
   13  SECTION 265.00 OF THIS ARTICLE, WITH RESPECT TO LARGE  CAPACITY  AMMUNI-
   14  TION FEEDING DEVICES ISSUED TO SUCH OFFICER OR PURCHASED BY SUCH OFFICER
   15  IN THE COURSE OF HIS OR HER OFFICIAL DUTIES AND OWNED BY SUCH OFFICER AT
   16  THE  TIME  OF  HIS OR HER RETIREMENT OR COMPARABLE REPLACEMENTS FOR SUCH
   17  DEVICES, IF: (I) THE AGENCY THAT EMPLOYED  THE  OFFICER  QUALIFIED  SUCH
   18  OFFICER IN THE USE OF THE WEAPON WHICH ACCEPTS SUCH DEVICE IN ACCORDANCE
   19  WITH  APPLICABLE STATE OR FEDERAL STANDARDS FOR ACTIVE DUTY LAW ENFORCE-
   20  MENT OFFICERS WITHIN TWELVE MONTHS PRIOR TO HIS OR HER  RETIREMENT;  AND
   21  (II)  SUCH RETIRED OFFICER MEETS, AT HIS OR HER OWN EXPENSE, SUCH APPLI-
   22  CABLE STANDARDS FOR SUCH WEAPON AT LEAST ONCE WITHIN THREE  YEARS  AFTER
   23  HIS OR HER RETIREMENT DATE AND AT LEAST ONCE EVERY THREE YEARS THEREAFT-
   24  ER,  PROVIDED,  HOWEVER,  THAT  ANY  SUCH QUALIFIED OFFICER WHO HAS BEEN
   25  RETIRED FOR EIGHTEEN MONTHS OR MORE ON THE EFFECTIVE DATE OF THIS SUBDI-
   26  VISION SHALL HAVE EIGHTEEN MONTHS FROM SUCH EFFECTIVE DATE TO QUALIFY IN
   27  THE USE OF THE WEAPON WHICH ACCEPTS SUCH LARGE CAPACITY AMMUNITION FEED-
   28  ING DEVICE ACCORDING TO THE PROVISIONS  OF  THIS  SUBDIVISION,  NOTWITH-
   29  STANDING  THAT SUCH OFFICER DID NOT QUALIFY WITHIN THREE YEARS AFTER HIS
   30  OR HER RETIREMENT DATE, PROVIDED THAT SUCH OFFICER IS  OTHERWISE  QUALI-
   31  FIED AND MAINTAINS COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   32    S 3. Subdivision 16-a of section 400.00 of the penal law is amended by
   33  adding a new paragraph (a-1) to read as follows:
   34    (A-1)  NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
   35  THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED  IN  SUBDIVI-
   36  SION  TWENTY-TWO  OF  SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
   37  RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
   38  VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH  WEAPON
   39  WAS  ISSUED  TO  OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN
   40  THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS
   41  QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE  MONTHS
   42  PRIOR  TO  HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY
   43  DAYS OF RETIREMENT.
   44    S 4. This act shall take effect immediately; provided,  however,  that
   45  section  three of this act shall take effect on the same date and in the
   46  same manner as section 48 of chapter 1 of the laws of 2013 takes effect.