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- 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.
Relates to licenses to carry, possess, repair and dispose of firearms
In Assembly Committee · Codes · Sponsor Carrie Woerner
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5704
Title of bill
An act to amend the penal law, in relation to licenses to carry, possess, repair and dispose of firearms
Summary of provisions
Section 1 - amends section 400.00 of the Penal Law to replace references to the authority of the superintendent of NYSP with authority of DCJS; amends subparagraph b of paragraph 10 to provide the recertification form required to be filed, to provide clarification that the form is directly filed with the licensing officer for comparison with existing permit information who shall provide the permit holder with instruction for application for any necessary amendment, and that the licensing officer will then file such form with DCJS; and amends paragraph 16-b to provide that any cost incurred by the licensing officer as part of the recertification process shall be borne by the state.
Section 2 - amends section 400.02 of the Penal Law to replace the NYSP with DCJS as the division responsible for the maintenance of the statewide license and record database.
Section 3 is the effective date.
Justification
DCJS is the division that currently maintains the databases for criminal histories, orders of protection, and individuals who are deemed due to mental health, to be disqualified from possessing a firearm. As such, DCJS is better suited to maintain the statewide license and record database.
The current ambiguity in the statute with regard to the recertification process has raised many questions and concerns. By providing a more concise process concerns can be alleviated. By specifying the role of the licensing officer in the process of recertification not only will the process be better managed, but license officers will be assured to have the most current information regarding permit holders in their jurisdiction.
Providing for the cost of recertification to be borne by the state and not by the counties avoids an unfunded mandate for a process that is intended to provide the state with the service of keeping a state database current.
Legislative history
New bill
Fiscal implications
There will be a cost to the state to reimburse the licensing agents for recertification costs. However, recertification is not required until January 31, 2018, and only every five years thereafter.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.