Requires persons possessing any firearm to hold a firearms safety certificate; establishes application and training process therefor.
S1192B (ACTIVE) - Sponsor Memo


BILL NUMBER: S1192B

SPONSOR: GIANARIS

TITLE OF BILL:

An act to amend the penal law, in relation to requiring persons possess-
ing a firearm to hold a firearms safety certificate


PURPOSE:

The purpose of this act is: (1) to reduce the number of unintentional
shootings by ensuring that gun owners know how to safely use and store
firearms; and (2) to increase compliance with existing firearms laws by
requiring gun owners to demonstrate knowledge of those laws.


SUMMARY OF PROVISIONS:

Section one amends subdivisions 6, 7 and 8 of section 265.01 of the
Penal law, as amended by chapter 1 of the laws of 2013. The proposed
legislation establishes a firearms safety certificate requirement.

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S1192B (ACTIVE) - Bill Text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1192--B
    Cal. No. 862

                       2021-2022 Regular Sessions

                            I N  S E N A T E

                             January 8, 2021
                               ___________

Introduced by Sens. GIANARIS, BRESLIN, KAPLAN, KRUEGER, RIVERA, SERRANO,
  STAVISKY  --  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 commit-
  tee -- reported favorably from said committee, ordered  to  first  and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to requiring persons possess-
  ing a firearm to hold a firearms safety certificate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 6, 7 and 8 of section 265.01 of the penal law,
as  amended  by  chapter  1  of  the laws of 2013, are amended and a new
subdivision 9 is added to read as follows:
  (6) He OR SHE is a person who  has  been  certified  not  suitable  to
possess a rifle or shotgun, as defined in subdivision sixteen of section
265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or
shotgun upon the demand of a police officer. Whenever a person is certi-
fied  not suitable to possess a rifle or shotgun, a member of the police
department to which such certification is made, or of the state  police,
shall  forthwith  seize any rifle or shotgun possessed by such person. A
rifle or shotgun seized as [herein] provided IN THIS  SUBDIVISION  shall
not  be  destroyed,  but  shall be delivered to the headquarters of such
police department, or state police, and there retained until the  afore-
said  certificate  has  been  rescinded  by the director or physician in
charge, or other disposition of such rifle or shotgun has  been  ordered
or authorized by a court of competent jurisdiction[.]; OR
  (7)  He  OR  SHE  knowingly possesses a bullet containing an explosive
substance designed to detonate upon impact[.]; OR
  (8) He OR SHE possesses any armor piercing ammunition with  intent  to
use the same unlawfully against another[.]; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03324-04-1

S. 1192--B                          2

  (9)  HE  OR  SHE  POSSESSES A FIREARM, NOT BEING THE HOLDER OF A VALID
FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO SECTION  400.15  OF  THIS
CHAPTER.
  §  2.  The penal law is amended by adding a new section 400.15 to read
as follows:
§ 400.15 FIREARMS SAFETY CERTIFICATE.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "COMMISSIONER" MEANS THE COMMISSIONER OF THE POLICE DEPARTMENT  OF
A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (B)  "SHERIFF"  MEANS  THE SHERIFF OF THE COUNTY IN WHICH AN APPLICANT
RESIDES, EXCEPT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  2. NO PERSON SHALL POSSESS  A  FIREARM  UNLESS  SUCH  PERSON  HOLDS  A
FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO THIS SECTION.
  3.  EVERY  PERSON  APPLYING  FOR  A  FIREARMS SAFETY CERTIFICATE SHALL
SUBMIT AN APPLICATION TO THE SHERIFF OR THE COMMISSIONER IF SUCH  PERSON
RESIDES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  SUCH APPLI-
CATION  SHALL BE IN SUCH FORM AND CONTENT AS SHALL BE ESTABLISHED BY THE
SHERIFF OR THE COMMISSIONER, AND SHALL INCLUDE:
  (A) THE APPLICANT'S NAME, ADDRESS, RESIDENCE TELEPHONE NUMBER, GENDER,
RACE, HEIGHT, WEIGHT, DATE OF BIRTH, CITIZENSHIP, THUMBPRINT  AND  DRIV-
ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER;
  (B) THE APPLICANT'S SIGNATURE; AND
  (C)  AN  OATH THAT ALL INFORMATION IN THE APPLICATION IS TRUE, SUBJECT
TO THE PENALTIES OF PERJURY.
  4. THE COURSE OF INSTRUCTION FOR THE ISSUANCE  OF  A  FIREARMS  SAFETY
CERTIFICATE SHALL INCLUDE THE SUCCESSFUL COMPLETION BY THE APPLICANT OF:
  (A) NOT LESS THAN FIVE HOURS OF CLASSROOM INSTRUCTION ON:
  (I) THE SAFE USE AND HANDLING OF FIREARMS;
  (II) THE METHODS FOR SAFELY STORING AND SECURING FIREARMS, AND KEEPING
CHILDREN SAFE WHEN SUCH WEAPONS ARE PRESENT; AND
  (III)  THE  APPLICABLE  FEDERAL,  STATE AND LOCAL LAWS RELATING TO THE
PURCHASE, SALE, POSSESSION, TRANSPORTATION AND STORAGE OF FIREARMS;
  (B) NOT LESS THAN TWO HOURS OF LIVE FIRING INSTRUCTION AT  A  SHOOTING
RANGE  USING  THE  TYPE OF FIREARM THE APPLICANT ANTICIPATES PURCHASING,
POSSESSING OR ACQUIRING. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A
PERSON  ATTENDING  A COURSE OF INSTRUCTION FOR THE ISSUANCE OF A FIREARM
SAFETY CERTIFICATE MAY POSSESS A FIREARM  FOR  THE  LIMITED  PURPOSE  OF
FULFILLING  THE  REQUIREMENTS  OF  THIS PARAGRAPH WHILE UNDER THE SUPER-
VISION OF HIS OR HER INSTRUCTOR; AND
  (C) A SAFE-HANDLING OF A FIREARM DEMONSTRATION AS  ATTESTED  TO  BY  A
DULY AUTHORIZED INSTRUCTOR.
  5. EVERY FIREARMS SAFETY COURSE, FOR THE COMPLETION OF WHICH AN APPLI-
CANT  IS GRANTED A FIREARMS SAFETY CERTIFICATE, SHALL BE APPROVED BY THE
SHERIFF OR THE COMMISSIONER AND SHALL BE CONDUCTED BY A DULY  AUTHORIZED
INSTRUCTOR.  THE  SHERIFF  OR  THE COMMISSIONER MAY, FOR THE PURPOSES OF
FIREARMS SAFETY COURSES  REQUIRED  BY  THIS  SECTION,  PROVIDE  FOR  THE
APPROVAL  OF FIREARM SAFETY COURSES REQUIRED OR PROVIDED FOR PURSUANT TO
ANY FEDERAL OR STATE LAW.
  6. UPON THE SUCCESSFUL COMPLETION OF A FIREARMS SAFETY  COURSE  BY  AN
APPLICANT,  THE  DULY AUTHORIZED INSTRUCTOR OF SUCH COURSE SHALL PROVIDE
THE APPLICANT WITH A  SIGNED  AFFIDAVIT  ATTESTING  TO  THE  APPLICANT'S
SUCCESSFUL  COMPLETION  OF  THE COURSE. SUCH AFFIDAVIT SHALL INCLUDE THE
NAME, ADDRESS AND TELEPHONE NUMBER OF THE  DULY  AUTHORIZED  INSTRUCTOR;
THE  NAME OF THE APPLICANT; AND THE DATES AND PLACES THAT THE COURSE WAS
CONDUCTED.

S. 1192--B                          3

  7. UPON RECEIPT OF THE AFFIDAVIT REQUIRED BY SUBDIVISION SIX  OF  THIS
SECTION,  THE  APPLICANT  SHALL  SUBMIT  A COPY OF SUCH AFFIDAVIT TO THE
SHERIFF OR THE COMMISSIONER AND HE OR SHE  SHALL  ADMINISTER  A  WRITTEN
EXAMINATION,  ESTABLISHED  BY  HIM  OR  HER,  DEMONSTRATING KNOWLEDGE OF
FIREARMS SAFETY AND LAWS APPLICABLE TO FIREARMS.
  (A)  A FIREARMS SAFETY CERTIFICATE SHALL BE ISSUED TO AN APPLICANT WHO
SCORES SEVENTY-FIVE PERCENT OR HIGHER ON SUCH EXAMINATION.
  (B) IF AN APPLICANT FAILS SUCH WRITTEN  EXAMINATION,  HE  OR  SHE  MAY
RETAKE  SUCH  EXAMINATION  AT  LEAST  TWENTY-FOUR  HOURS  AFTER  A PRIOR
ATTEMPT. THE SAME VERSION OF SUCH WRITTEN EXAMINATION SHALL NOT BE GIVEN
TO AN APPLICANT UPON ANY TWO CONSECUTIVE TAKINGS THEREOF.  NO  APPLICANT
SHALL  BE  OFFERED  THE WRITTEN EXAMINATION MORE THAN THREE TIMES. AFTER
THE THIRD FAILURE BY AN APPLICANT, HE OR SHE SHALL BE REQUIRED TO  AGAIN
SUCCESSFULLY  COMPLETE  THE REQUIREMENTS OF SUBDIVISIONS FOUR AND SIX OF
THIS SECTION.
  (C) APPLICANTS MAY BE CHARGED A FEE TO COVER THE COSTS OF  ADMINISTER-
ING THE WRITTEN EXAMINATION.
  8. UPON SUCCESSFUL COMPLETION OF THE REQUIREMENTS OF SUBDIVISION SEVEN
OF  THIS  SECTION BY AN APPLICANT, THE SHERIFF OR THE COMMISSIONER SHALL
ISSUE SUCH APPLICANT A  FIREARMS  SAFETY  CERTIFICATE.  FIREARMS  SAFETY
CERTIFICATES  SHALL  NOT BE TRANSFERABLE. THE HOLDER THEREOF SHALL STORE
SUCH CERTIFICATE IN THE PLACE WHERE HIS  OR  HER  FIREARMS  ARE  STORED,
EXCEPT THAT SUCH CERTIFICATE SHALL BE CARRIED ON THE PERSON OF THE HOLD-
ER  IF A FIREARM IS POSSESSED OUTSIDE OF THE HOLDER'S RESIDENCE OR PLACE
OF BUSINESS. UPON REQUEST OF A POLICE OFFICER, A FIREARMS SAFETY CERTIF-
ICATE SHALL BE DISPLAYED BY THE HOLDER TO SUCH OFFICER.
  9. EVERY FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
SHALL  BE  VALID  FOR  A  PERIOD  OF  TWO YEARS, AND MAY BE RENEWED UPON
COMPLETION OF THE REQUIREMENTS OF THIS SECTION.
  10. NO PERSON SHALL SELL OR TRANSFER POSSESSION OF A  FIREARM  TO  ANY
PERSON WHO DOES NOT HOLD A FIREARMS SAFETY CERTIFICATE.
  11. A FIREARMS SAFETY CERTIFICATE SHALL BE REVOKED:
  (A) FOR THE VIOLATION OF ANY PROVISION OF LAW RELATING TO FIREARMS;
  (B) FOR FRAUD, MISREPRESENTATION OR BRIBERY IN THE APPLICATION FOR AND
ISSUANCE OF THE FIREARMS SAFETY CERTIFICATE;
  (C) IF THE HOLDER IS DISQUALIFIED FROM POSSESSING A FIREARM; OR
  (D)  THE  OCCURRENCE OF ANY CIRCUMSTANCE WHICH WOULD HAVE DISQUALIFIED
THE HOLDER FROM BEING ISSUED A FIREARMS SAFETY CERTIFICATE.
  12. THIS SECTION SHALL NOT APPLY TO:
  (A) POLICE OFFICERS AS DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION
1.20  OF THE CRIMINAL PROCEDURE LAW, OR RETIRED POLICE OFFICER, WHO UPON
SEPARATION FROM A LAW ENFORCEMENT AGENCY  WAS  IMMEDIATELY  ENTITLED  TO
RECEIVE  RETIREMENT BENEFITS PURSUANT TO THE RETIREMENT AND SOCIAL SECU-
RITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
  (B) PEACE OFFICERS AS DEFINED IN SECTION 2.10 OF THE  CRIMINAL  PROCE-
DURE LAW;
  (C)  LICENSED  MANUFACTURERS, TRANSPORTERS AND SELLERS OF FIREARMS WHO
POSSESS SUCH WEAPONS FOR PURPOSES OF WHOLESALE OR  RETAIL  SALES,  WHILE
ENGAGED IN THE SCOPE OF THEIR LICENSED ACTIVITIES;
  (D) NONRESIDENTS OF THE STATE PARTICIPATING IN ANY LAWFUL RECREATIONAL
FIREARMS  RELATED  ACTIVITY, AND WHILE IN THE COURSE OF TRAVELING TO AND
FROM SUCH RECREATION ACTIVITY; OR
  (E) ANY PERSON WHO TEMPORARILY POSSESSES A FIREARM IN THE RESIDENCE OR
PLACE OF BUSINESS OF THE HOLDER OF A FIREARMS  SAFETY  CERTIFICATE,  AND
SUCH  POSSESSION  OCCURS  IN  THE  COURSE OF USING DEADLY PHYSICAL FORCE
AUTHORIZED BY ARTICLE THIRTY-FIVE OF THIS CHAPTER.

S. 1192--B                          4

  § 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the provisions of subdivision 9 of section 265.01 of the penal law,
as added by section one of this act, and subdivision 2 of section 400.15
of  the  penal law, as added by section two of this act, shall not apply
to any person who possesses a firearm on the effective date of this act,
until such person re-certifies his or her license pursuant to subdivision
10 of section 400.00 of the penal law.

No you were right the first time. It's for everyone in NY with a pistol (firearm) permit.

Not just for people in cities over 1million.

If it's a city over 1 million you just apply to the commissioner...not the county sheriff.

That's the 1 million thing.

Gotta wonder what the Training must consist of: reading all of 265 and 400?  When and where Lethal Force may be used?  How many Rounds must be fired in Training, distance, scoring methods, targets, etc?
WHO decides who is qualified? what credentials? Will NRA Certified Instructors be allowed? (we know how the NY Pols feel about the NRA)

Was I also right with the parallel to Semi-automatic Licenses?

There are going to be a LOT of pissed off Gun Owners in NY and a lot more telling the State to fuck off and forward their Mail to Florida.

How does this work? Pistol permit will no longer be valid without this "safety certificate"?

Never mind, they will require this at time of re-cert. Mine is in 5 years, I just renewed it. I guess they will have to just trust me that I am safe around firearms. What idiocy!

5 hours training and 2 hours live fire every two years for everyone who owns a handgun
plus a fee

So I renew my 'lifetime license' in december, then I have 5 years to finally move out of this cesspool

So what happens if you own pistols in NY and refuse to renew your permit or participate in a class?  

Do they come and confiscate them since you can't legally own a pistol in NY without a permit?

If you do not re-certify the Licenses expires and all your handguns (in your possession) become illegal, and since the Licenses is now revoked, so are the privileges of owning long guns.
The Senate and Hoki are ramming this through TODAY and you'd better call YOUR Senator RIGHT NOW! not later, but now!

The every two years part of that is ridiculous.
I bet there aren't enough ranges in NYS to process 7 hours for every firearm owner, every two years.  

So what happens if you want to buy your first pistol?  You don't own one but need a safety cert. and pass a shooting test.   BUT you have no gun?  

Does anyone know if you can recertify early?   I am due in January.

I think you can do it online whenever you want...  I am pretty sure I did mine early last year.


https://firearms.troopers.ny.gov/pprecert

They have an exemption in the bill for handling a weapon during class.

Another question. The "certificate" is valid for 2 years, but permits renew every 5 years. How does this work? Are permits now only good for 2 years? What are these people doing?

Infringing

So I called my assemblyman. That bill is dead in the committee and will not be a part of the package of infringements they are trying to pass tonight.

Thank you!

Former Senate Leader Skelos told Tom King an hour before the safe act was voted on "Go home tom, nothing's going to happen tonight" and look what was shover up our asses: Fool me once...

I was on the phone with Tom when that happened. He said hold on, I have Skelos here. He talked with him for a minute and came back on the line and told me nothing would happen that night. They waited until Tom left the building and fucked us. Skelos is a disgusting piece of shit.

A month ago i would have assumed this.
Today i only hope you're right.

If you put a sign on your door that says "firearms welcome" isn't your insurance carrier going to drop you?  
No one is going to put up a sign like that except the gun stores.

My thoughts exactly.  

This is the point

And compliance will what?  Underperform the 5% unsafe act compliance?  Nobody that CC now is going to change when or where they carry.

PREACH IT BROTHER!

Well we're not getting this actual bill but only because the worst of it has been incorporated in the license changes

Any details.…

Two year recertifications on a five year license, that is not at all stupid.

Dude, it's a Class E FELONY.  Sure, easy enough to say "fuck it" the government isn't coming to inspect my basement to check my AR, but when you become an insta-felon because you printed, or your belt got fucked up, or your shirt tucked weird - or, of course, you have to actually use the fucking gun (justifiably), I think alot of people will end up wanting to comply with that.

Especially for those of us with vested careers that would be fucked...  One of my most favorite hobbies is hunting.  One print or shirt lift and say goodbye to anything you do or love that involves firearms.  Not to mention such a charge could be cause for a red flag and then your house gets searched, and all your stuff is gone!  As someone who lives in a CCW friendly county it would seem as the scotus decision especially fucked us at least for the foreseeable future.

Ironic isn't it? We are worse off now than before the ruling on all levels (and we were worse of AFTER Heller and MacDonald). The New York Legislature, in conspiracy with our unelected Governor, has thrown a temper tantrum of epic proportions. I think we are now worse off than California if you can believe it. It may eventually sort itself out or by the time it gets to SCOTUS, the make up changed enough to undo it all. Glad I did not celebrate too much last week.

It's not legal to carry in a state park. And, well. It happens.