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Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only
In Assembly Committee · Codes · Sponsor Robert Oaks
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3031
Title of bill
An act to amend the penal law, in relation to restrictions imposed by statute regarding the carrying of concealed weapons
Purpose
To clarify and restate uniform requirements for the licensing of individuals to carry and possess pistols and handguns across the state.
Summary of provisions
This bill amends §400.00 of the Penal Law to make only restrictions imposed by statute applicable to the licensing of handguns in New York.
Existing law
Although not specifically authorized by statute, some licensing officers may impose certain time, place and use restrictions on pistol and handgun licenses in New York State on a county by county basis. Such restrictions include "hunting and target shooting," "valid only during daylight hours," "valid only if carrying X amount of cash;" and so on. In short, licensing officers have, without legislative authority, created new classes and versions of pistol licenses not contemplated by statute. The result is a "patchwork quilt" effect of licensing throughout the state, with certain licensing officers imposing additional restrictions not authorized by law and some imposing none. In an effort to make the licensing requirements uniform throughout New York, this bill will prohibit county licensing officers from imposing extra-legal restrictions except for those authorized in statute.
Justification
Currently, handgun licensees from different counties may be subject to assorted sets of rules. Confusion may be created regarding compliance and enforcement of restrictions imposed by each county licensing officer. Varying restrictions provide a problem for law enforcement officers as well. The process as it presently operates is fundamentally unjust and unfair, and can result in inadvertent noncom- pliance and litigation. Since state pistol licensing is a creature of statute, this bill allows county licensing officers to apply only those restrictions expressly imposed by the legislature. The state standard for a handgun license is that without restrictions imposed on an ad hoc basis.
Legislative history
S.7910/A 5590 of 2009-10 S.2361/A.5117 of 2011-12
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.