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Title of bill
An act to amend the penal law, in relation to issuance of licenses to have and carry pistols
Purpose
To make licensed handguns available to members of the public who feel they need them.
Summary of provisions
This bill amends subdivision (2) of § 400.00 of the Penal Law, to create a presumption that a person of clean moral, criminal and mental record has proper cause for the issuance of a license to carry a pistol.
Existing law
Instead of requiring that an applicant be required to demonstrate "proper cause" for the issuance of a pistol carrying license as under present law, the applicant of clean moral, criminal and mental record would have the benefit of a presumption that such proper cause exists for the issuance of the license.
Justification
The violent crime problem of today involves random predatory violence and surprise, rather than the planned predatory attacks of yesteryear directed primarily at those victims who were carrying large amounts of cash. Therefore, it makes no sense anymore to require that a citizen of clean record must still document a special need in terms of regularly carrying large amounts of cash, as is presently required by licensing officers acting pursuant to present law. By definition, "random" predatory violence does not depend upon the amount of cash being carried by the victim, and hence, it is no longer appropriate that applicants of clean records should be required to demonstrate situations of special need or danger. The danger today is random.
Legislative history
2007-08, S.2037/S.4236 2005-06, S.1542 2003-04, S.1111/A.2397 2001-02, S.2302/A.9560 1999-00, S.2614/A.1077 1997-98, S.397/A.1984, passed Senate both years 1995-96, S.4588/A.1893, passed Senate both years 1993-94, S.3639/A.410, passed Senate both years 1991-92, S.4691/A.9850, passed Senate both years 1989-90, S.3879/A.6293
Fiscal implications
None.
Effective date
The first day of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.