Relates to a temporary permit to carry or possess a pistol or revolver

Summary of provisions

Section One - amends Penal Law § 265.20 by extending the exemption from prosecution for illegal possession of a firearm to include holders of a temporary pistol permit.

Section Two - amends Penal Law § 265.20 by adding a new subdivision "e" which allows a nonresident of New York State, who is duly licensed to carry a concealed firearm in New York State, provided that such person complies with the laws of the home state and is subject to the same conditions and limitations (except as to eligibility to possess or carry) imposed on the New York State residents by federal or New York State law. In addition, such persons must carry a specified, photo ID and not have an intent to use the firearm for an illegal purpose. Should the non-resident become a New York State resident this subdivision would no longer apply.

Section Three - amends Penal Law § 400.00 to authorize the issuance of a temporary pistol permit.

Section Four - amends Penal Law Article 400 by adding a new section 400.04 which outlines the eligibility and the procedure for acquiring a temporary pistol permit This section provides an avenue for non-residents of New York State, who do not live in a state which issues permits to possess or carry a concealed firearm, to be able to legally carry a firearm which is legal in their home state, in New York State on a temporary basis.

Section Five - amends Penal Law § 265.10 by adding a new subdivision 2-a, which codifies into New York State Law, federal law regarding the ability to legally transport a firearm through New York State under certain circumstances.

Section Six - amends Penal Law § 265.03 to provide for an affirmative defense to the penal law crime of possession of a loaded firearm under the laws of his or her home state, or where a resident of New York State is licensed to possess and carry such firearm in New York State, but only if this is a first offense.

Section Seven - amends Penal Law § 265.01 to provide for an affirmative defense to the penal law crime of possession of a firearm, where a nonresident is authorized to possess and carry such firearm under the laws of his or her home state, or where a resident of New

York State is licensed to possess and carry such firearms in New York State, but only if this is a first offense.

Section Eight - is the effective date.

Justification

This legislation will provide reciprocity and Second Amendment constitutional freedoms for law-abiding gun owners traveling to New York from other states. Under this legislation, non-residents, may possess and carry a concealed firearm in New York State, if they are in possession of a valid permit issued by another state, carry a valid photo identification document and do not have any intent to use their firearm for an illegal purpose.

Second, this legislation would establish a process to allow for temporary licenses to carry or possess a firearm in New York state for residents of other states, which do not require a license or permit to possess or carry a firearm.

Third, this legislation would provide protection to all law-abiding gun owners from other states or licensed New York State residents by creating an affirmative defense to a charge of possession of a firearm, if the person has not previously been charged with possession of a firearm.

Two recent incidents demonstrate the urgent need to change the New York law to protect law abiding gun owners. Meredith Graves is currently facing at least 3 1/2 years on a felony gun possession charge after voluntarily trying to check her gun at the National 911 Memorial. Meredith Graves had a valid and legal permit to carry the gun in Tennessee and showed no intent to commit a crime Ryan Jerome, a United States Marine, who has a valid Indiana concealed carry permit, is facing the same minimum 3 1/2 year sentence after attempting to check his weapon at the Empire State Building.

This legislation is necessary to protect Second Amendment rights by ensuring that law-abiding gun owners visiting New York are not punished for mistakenly violating state gun possession laws. This legislation will require New York State to honor other states gun permits, allow for temporary licenses for residents of states which do not issue gun permits, and create an affirmative defense to the charge of possession of a firearm for individuals like Meredith Graves and Ryan Jerome who unknowingly violated New York gun laws, while visiting the state.

Legislative history

03/21/12 Referred to codes

Fiscal implications

None.

EFFECTIVE DATE:. This act shall take effect on the ninetieth day after it shall have become a law with provisions.