Relates to expiration and renewal provisions of certain firearms licenses

4 Co-sponsors

• Thomas K. Duane
• Liz Krueger
• Suzi Oppenheimer
• Kevin S. Parker

BILL NUMBER:S5914A

Title of bill

An act to amend the penal law, in relation to expiration and renewal provisions of certain firearms licenses

Purpose

Extends statewide, the requirement that a license to carry or possess a firearm be renewed every 2 years.

Summary of specific provisions

Section one: Amends subdivision 10 of section 400.00 of the penal law to extend license expiration and renewal regulations for pistols or revolvers.

Any license to carry or possess a pistol or revolver, shall expire not more than two years after the date of issuance.

Section two: The bill takes effect immediately.

Justification

New York state requires individuals to obtain a license in order to lawfully carry or possess a firearm. Prior to the issuance of such license, an investigation must be conducted by law enforcement officers to verify that all statements in the applicant's license application are true. Typically, the investigating officer interviews the references named in the application. In addition, records of the department of mental hygiene must be made available for inspection by such officer and fingerprints must be taken from the applicant in order to conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester and the city of New York, once a license to carry or possess a firearm has been issued, the license is permanent unless otherwise revoked or suspended. There is no opportunity for the licensing officer to determine whether the conditions that existed at the time of the issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION THAT THE LICENSE IS STILL QUALIFIED TO HAVE A FIREARM: Without a renewal system, certain criminal convictions obtained after the issuance of a firearm and/or development of mental illness by the licensee - changes in conditions that could result in a license revocation or denial of a license renewal - may go undetected.

RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING INFORMATION: Such information includes the licensee's current name and address, and the make, caliber and serial number of all firearms possessed without a renewal system. licensees who move out-of-state - a change in conditions that could result in license revocation or denial of a license renewal may go undetected.

REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE FOR LICENSEES TO COMPLY WITH THE TERMS OF THEIR LICENSES: Without a renewal system, licensees are less likely to update their licensing information.

RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING SYSTEM: Without a renewal system, there is no opportunity for licensing officers to determine whether licensees remain in compliance with the terms of their licensees.

Prior legislative history

None.

Fiscal implications

Undetermined.

Effective date

Immediately.