Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course

Title of bill

An act to amend the penal law, in relation to authorizing the possession of a pistol or revolver while attending a pre-license firearms safety course

Purpose

To allow individuals who have applied for a license to possess a pistol or revolver and who are enrolled in a certified pre-license firearms safety course under the supervision, guidance and instruction of a certified firearms safety course instructor, to handle a firearm during the course of the class.

Summary of provisions

Section one - adds a new paragraph 7-f to subdivision a of section 265.20 of the penal law to allow for the possession of a pistol or revolver by a person who has applied for a license to possess a pistol or revolver and pre-license possession of the same, who has not been denied a license, previously convicted of a felony or serious offense, and who does not appear to be, or pose a threat to be, a danger to himself, herself or to others, and who has been approved for possession in accordance with section 400.00 of this chapter; provided that such possession shall be of a pistol or revolver duly licensed to and shall be possessed under the supervision, guidance and instruction of a certified firearms safety course instructor, and provided further that such possession occurs during the course of a certified pre-license firearms safety course in which such person is enrolled.

Section two - amends paragraph (b) of subdivision 3 of section 400.00 of the penal law, as added by chapter 778 of the laws of 1985

Section three - contains the effective date.

Existing law

Section 265.20 of the penal law does not permit any individual applying for a pistol or revolver permit to handle such firearm prior to obtaining a license.

Justification

The current law does not allow for what the safety course was originally planned for - allowing the certified instructor to watch how the applicants handles and acts when holding a handgun. How can a certified firearm safety course instructor accurately judge if someone who has applied for a permit will safely handle a handgun. Is it is illegal for the applicant to handle a handgun in the presence of that instructor? Permitting an individual to handle a handgun during the safety course will give the instructor additional criteria in judging whether that person is prepared for the responsibility of owning a handgun.

Legislative history

2008: S.6923 Codes Committee

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.