User Panel
Posted: 6/29/2022 11:36:59 PM EDT
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. View More (81 Lines) S1192B (ACTIVE) - Bill Text download pdf 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. |
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[#1]
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. |
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[#2]
Quoted: 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. View Quote 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. |
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[#3]
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! |
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[#4]
5 hours training and 2 hours live fire every two years for everyone who owns a handgun
plus a fee |
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[#5]
So I renew my 'lifetime license' in december, then I have 5 years to finally move out of this cesspool
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[#6]
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? |
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[#7]
Quoted: 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? View Quote 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! |
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[#8]
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. |
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[#9]
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?
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[#10]
Does anyone know if you can recertify early? I am due in January.
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[#11]
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[#12]
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[#13]
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?
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[#14]
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[#15]
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.
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[#16]
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[#17]
Quoted: 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. View Quote 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... |
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[#18]
Quoted: 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... View Quote View All Quotes View All Quotes Quoted: Quoted: 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. 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. |
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[#19]
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[#20]
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. |
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[#21]
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[#22]
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[#23]
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[#24]
Quoted: 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. View Quote PREACH IT BROTHER! |
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[#25]
Quoted: 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. View Quote Skelos means dog in Greek, so.... anyway. eta: the NY Senate twitter page blocked me yesterday because i told them i had a computer and an ECF login that i was ready to use. has this law passed and effective now? :) |
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[#26]
Well we're not getting this actual bill but only because the worst of it has been incorporated in the license changes
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[#27]
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[#28]
Quoted: And compliance will what? Underperform the 5% unsafe act compliance? Nobody that CC now is going to change when or where they carry. View Quote |
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[#29]
Quoted: 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. View Quote 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. |
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[#30]
Quoted: ...it would seem as the scotus decision especially fucked us at least for the foreseeable future. View Quote |
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[#31]
It's not legal to carry in a state park. And, well. It happens.
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