Relates to exempting qualified retired law enforcement officers and security guards from certain limitations related to the possession of firearms

BILL NUMBER:S5549

Title of bill

An act to amend the penal law, in relation to exempting qualified retired law enforcement officers and security guards from certain limitations related to the possession of firearms

Purpose

To exempt qualified retired law enforcement officers and security guards from certain limitations related to the possession of firearms.

Summary of provisions

Section 1 - Section 265 of the Penal Law is amended by adding two new subdivisions 25 and 26 to set up guidelines for law enforcement officers, peace officers and security guards that may qualify for exemptions from certain limitations related to the possession of firearms. Qualified law enforcement officers, federal officers, peace officers and security guards are defined in this section for the purpose of this act.

Section 2 - Section 265.20 if the Penal Law is amended by adding a new subdivision e to provide that subdivision eight of section 265.02 and sections 265.36 and 265.37 of this chapter shall not apply to a qualified retired New York or federal law enforcement officer, or to a security guard, with respect to large ammunition feeding devices issued in the course of his or her official duties and owned by such officer at the time of his or her retirement. Sets forth that at least once every 3 years after his or her retirement date such officer meets the applicable standards and is otherwise qualified and maintains compliance with the provisions of this subdivision.

Section 3 - Subdivision 16-a of section 400.00 of the Penal Law is amended by adding a new paragraph (a-I) to provide that officers and guards related to this section must register any assault weapon issued to during employment or purchased by such officer prior to retirement within 60 days of retirement.

Section 4 - Sets forth the effective date.

Justification

Retired law enforcement officers have expressed some concerns about the recently enacted limitations on the possession of large capacity ammunition feeding devices and assault weapons as applied to retired police officers, peace officers and security Guards. In response to those concerns, this bill would provide a limited exemption for qualified retired New York or federal law enforcement officers, peace officers or security guards issued a special armed guard registration card who have met rigorous requirements and training in order to qualify for possession of such weapons and ammunition devices. Specifically, in order to qualify for the exemption, an officer must have retired in good standing after serving as an officer for at least 5 years at the time of retirement. Furthermore, such retired officers or guard must re-qualify in the use of the weapon which accents the large capacity ammunition feeding device every three years according to the applicable standards. Finally, assault weapons will need to be registered pursuant to existing law within 60 days of retirement.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.