Broadens provisions relating to eligibility for a firearms license.

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S3935-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Mar 10, 2011: REFERRED TO CODES

S3935-2011 Memo

BILL NUMBER:S3935

TITLE OF BILL:
An act
to amend the penal law, in relation to the issuance of a license to
carry a firearm

PURPOSE:
This bill adds a mental health component to the requirements
for firearm licensing. It also requires that applicants successfully
complete a firearm safety course approved by the superintendent of
state police and receive a certificate of completion before a license
will be issued or renewed.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 1 of
section 400.00 of the penal law, as amended by chapter 189 of the
laws of 2000, to include additional requirements for firearm
licensing. The bill broadens the current regulations to include a
mental health component prohibiting issuance or renewal of a license
if the applicant has previously had a guardian appointed to them
pursuant to any provision of law based on a determination that as a
result of marked subnormal intelligence, mental illness, incapacity,
condition or disease, he or she lacks the mental capacity to contract
or manage their own affairs. It further requires that applicants
successfully complete a firearm safety course and receive a
certificate of completion, endorsed and affirmed under the penalties
of perjury, by a duly authorized instructor and approved by the
superintendent of state police.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:
Perpetrators of acts of firearm violence often display
indications of mental illness long before they commit crimes. The
tragic loss of life recently suffered in Arizona is a dark reminder
of the need for more common-sense firearm licensing requirements. A
mechanism for reviewing an applicant's mental stability before
issuance or renewal of a firearm license is imperative to averting
such shootings in the future and ensures that only those who are
mentally competent are allowed to own such dangerous weapons. Growing
concern regarding easy access to firearms by people with mental
health issues has led a number of states to pass legislation barring
firearm licensure to those with a history of mental illness. This
bill will ensure that New York is among the states that currently
require that firearms are kept out of the hands of the mentally
disturbed; the list of people whose lives have been savagely cut
short by gun violence demands nothing less.

LEGISLATIVE HISTORY:
2010: S.5489 Held in Codes
2008: S.3341B (Krueger) Held in Codes
2007: S.3341 Held in Codes
2006: S.2341 Held in Codes
2005: S.2341 Held in Codes
2004: S.4426 Held in Codes


2003: S.4426 Held in Codes
2002: S.6895 Held in Codes

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day
after it shall have become a law.

S3935-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3935

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 10, 2011
                                 ___________

  Introduced  by  Sen.  ADAMS  -- 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 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:


    Section 1. Subdivision 1 of  section  400.00  of  the  penal  law,  as
  amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
  follows:

    1. Eligibility. No license shall be issued or renewed pursuant to this
  section except by the licensing officer, and then  only  after  investi-
  gation  and  finding  that  all statements in a proper application for a
  license are true. No license shall be issued or renewed  except  for  an
  applicant  (a) twenty-one years of age or older, provided, however, that
  where such applicant has  been  honorably  discharged  from  the  United
  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
  national guard of the state of New York, no such age  restriction  shall
  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
  anywhere of a felony or a serious offense; (d) who has  [stated  whether
  he  or  she  has]  NOT HAD A GUARDIAN APPOINTED FOR THEM PURSUANT TO ANY
  PROVISION OF LAW, BASED ON A DETERMINATION THAT AS A  RESULT  OF  MARKED
  SUBNORMAL   INTELLIGENCE,   MENTAL  ILLNESS,  INCAPACITY,  CONDITION  OR
  DISEASE, HE OR SHE LACKS THE MENTAL CAPACITY TO CONTRACT OR MANAGE THEIR
  OWN AFFAIRS OR ever suffered any mental illness or been confined to  any
  hospital  or institution, public or private, for mental illness; (e) who
  has not had a license revoked or who is not under a suspension or  inel-
  igibility  order  issued pursuant to the provisions of section 530.14 of
  the criminal procedure law or section eight hundred forty-two-a  of  the
  family  court  act; (f) [in the county of Westchester,] who has success-
  fully completed a firearms safety course and  test  as  evidenced  by  a
  certificate  of  completion  issued  in his or her name and endorsed and

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00575-01-1

 S. 3935                             2

  affirmed under the penalties of perjury by a duly authorized instructor,
  APPROVED BY THE SUPERINTENDENT OF STATE POLICE except that: (i)  persons
  who  are  honorably discharged from the United States army, navy, marine
  corps,  AIR  FORCE or coast guard, or of the national guard of the state
  of New York, and produce evidence of official qualification in  firearms
  during  the  term  of  service  are not required to have completed those
  hours of a firearms safety course pertaining to the safe use,  carrying,
  possession,  maintenance  and storage of a firearm; and (ii) persons who
  were licensed to possess a pistol or revolver  prior  to  the  effective
  date  of  this  paragraph  are not required to have completed a firearms
  safety course and test; and (g) concerning whom no good cause exists for
  the denial of the license. No person shall engage  in  the  business  of
  gunsmith or dealer in firearms unless licensed pursuant to this section.
  An  applicant  to engage in such business shall also be a citizen of the
  United States, more than twenty-one years of age and maintain a place of
  business in the city or county where the license  is  issued.  For  such
  business, if the applicant is a firm or partnership, each member thereof
  shall  comply with all of the requirements set forth in this subdivision
  and if the applicant is a corporation, each  officer  thereof  shall  so
  comply.
    S 2. This act shall take effect on the one hundred twentieth day after
  it shall have become a law.