Establishes a safety course requirement for firearm license

Title of bill

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

Summary of specific provisions

This legislation amends section 3-0301 of the environmental conservation law directing the department to promulgate minimum standards for a three hour weapons safety training course which will be administered by local licensing officers. After the completion of such a course, individuals will be issued a certificate of participation.

The instructors for the safety course shall have completed the municipal police training council's firearm instructors training course and be certified qualified instructors. The council, an agency within the State's Department of Criminal Justice Services, is the appropriate body to train instructors for this safety course as they are charged with the responsibility of designing and approving training criteria for instructors at police training schools.

Statewide, licenses must be issued prior to an individual obtaining a handgun. Therefore, the certificate of participation will have to be shown to the issuing agency before a license may be issued. In addition, the City of New York requires a license prior to the purchase of a rifle or shotgun, so the certificate will have to be provide to the issuing agency. However, outside the City, there is no requirement that a license be obtained prior to purchasing a rifle or shotgun; therefore, such certificate of participation or a New York resident hunting license currently valid for hunting with a rifle or shotgun will have to be shown to the dealer in firearms. Failure to do so will be a violation carrying a civil fine of $200.

Existing law

2008: S3341B (Krueger) - Referred to Codes 2007: S3341 - Referred to Codes 2006: S2341 - Referred to Codes 2005: S2341 - Referred to Codes 2004: S4426 - Referred to Codes 2003: S4426 - Referred to Codes 2002: S6895 - Referred to Codes

Justification

One of the most remarkable aspects of buying a weapon is that no experience is necessary. Before one can obtain a license to drive and get behind the wheel of a car, the State requires a four hour safe driving course, (Vehicle and Traffic Law, section 502 (4) (a), but one can purchase a deadly weapon without understanding the inherent dangers in owning one.

The certificate of participation required under this bill would prove that the applicant or prospective purchaser has received adequate instruction in the safe handling of firearms, rifles and shotguns and ensuring both the State's as well as the purchaser's interests are met through the safe and responsible use of the weapon.

Fiscal implications

This act will have unknown, but likely positive, fiscal implications to municipalities administering the course.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law except that the standards required by section two of this act shall be promulgated on or before the ninetieth day after this act shall have become law.