Requires convicted felons to apply for a permit to purchase, carry, possess, repair and dispose of rifles and/or shotguns

2 Co-sponsors

• Kevin S. Parker
• Toby Ann Stavisky

BILL NUMBER:S3716

Title of bill

An act to amend the penal law, in relation to purchase and possession of rifles and shotguns by convicted felons

Purpose or general idea of bill

To require persons convicted of a felony to apply for a shotgun and or a rifle to a licensing officer in order to purchase, carry, possess, repair or dispose of rifles and or shotguns.

Summary of specific provisions

Section 1 of the bill amends the Penal Law by adding a new section 400.04. Part 1 of new section 400.04 requires a person who is convicted of a felony to apply to a licensing officer in their city or county where they preside in order to purchase, carry, possess, repair or dispose of rifles and or shotguns.

Part 2 of section 400.04 establishes that the application for the license shall be in the same form as prescribed by section 400.00 of the Penal Law.

Justification

This bill is necessary to insure that the application for the registration of shotguns and rifles by convicted felons are reviewed by a qualified licensing officer who can assess if the applicant should be able to purchase, carry, possess, repair or dispose of rifles and or shotguns.

This bill proposes to amend § 265.00 (11) and (12) of the penal Law to define a rifle or shotgun as a "firearm" and requiring persons convicted of a felony to apply for a permit from their applicable law enforcement jurisdiction for the purchase, exchange, possession or use of an operable rifle or shot gun (as defined in § 10.00(8)).

Currently, with the exception of New York City, there is no requirement for any person to acquire a permit to purchase, register, license or permit to carry a rifle or a shotgun. This amendment does not seek to infringe upon the constitutional rights guaranteed by Article 2, Section 4 of the New York Civil Rights Law which provides for a "well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms." However, it does seek to limit access to any "firearm" to a convicted felon by requiring the submission of an application for a permit to purchase, exchange, posses or use an operable rifle or shotgun.

The impact of such an enacted law would require the judicial system to make the determination in each case.

Prior legislative history

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect 180 days after it shall become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implantation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.