Establishes additional requirements for firearm license: completion of a course in firearm safety, use, maintenance, relevant laws, and first aid

BILL NUMBER:S4008 REVISED MEMO 02/26/2015

Title of bill

An act to amend the penal law, in relation to license to carry and possess firearms

Purpose or general idea of bill

The purpose of this legislation is to establish a rational set of requirements for individuals to obtain a license to carry and possess a pistol or revolver.

Summary of specific provisions

This legislation restructures the eligibility requirements for an individual to carry and possess firearms.

Section 1 of the bill amends section 400.00 of the penal law by adding a new subdivision 1-a which establishes certain qualifications to the requirements set forth in subdivision one of this section. These qualifications are: -- A minimum age requirement of 18 years of age to apply for a license to carry and possess firearms. -- Completion of a 15 hour course in the safe and accurate use of a pistol or revolver, the proper maintenance of a pistol and revolver, the laws regarding the possession and use of a pistol or revolver and the administration of first aid to persons injured by a pistol or revolver. -- The satisfactory proof to the licensing officer and the signatory district attorney or attorneys that there is an extraordinary likelihood that such person may have to use a pistol or revolver to protect himself or others from imminent danger of death.

Section 2 of the bill amends section 400.00 of the penal law by adding a new subdivision 5-a which states that no license for a pistol or revolver shall be granted unless approved by a district attorney.

Justification

At present there is no state minimum age requirement for handgun license applicants. Several counties throughout the state have adopted individual age requirements ranging from 18 years to 21 years of age. This legislation provides a uniform age standard throughout the state. The course requirements parallel other state licensing procedures. When a person applies for a driver's license, it is expected that the applicant understand the rules and regulations pertaining to the road, and still have practical experience in the operation of a motor vehicle. Similarly, a person wishing to possess a pistol or revolver should have a working knowledge of the firearm, and mandating a state-wide fifteen hour course for pistol or revolver license applicants would serve the purpose of acquainting the applicant with the state's rules and regulations, and use of a pistol or revolver. Mandating the written approval of the county district attorney, in addition to the approval of the licensing officer, offers the general public input in the licensing process through an elected official. The "good cause" provision, in present statute, protects the applicant rather than the general public. As the law reads, the licensing officer must show "good cause" for the denial of a license, the burden of proof being placed on the state. A license is a privilege offered

by the state and it follows that the onus be placed on the applicant, to prove to the satisfaction of both the licensing officer and the county district attorney that such privilege is warranted.

Prior legislative history

S.7474 of 2008 04/07/08 Referred to Codes 01/07/09 REFERRED TO CODES 01/06/10 REFERRED TO CODES S.1676 of 2011 01/11/11 REFERRED TO CODES 01/04/12 REFERRED TO CODES 01/09/13 REFERRED TO CODES 01/08/14 REFERRED TO CODES

Fiscal implications

None.

Effective date

This act shall take effect on the 30th day after it becomes law.