Relates to reciprocity for pistol permit applications for military personnel

Section 2 amends the Penal Law by adding a new section establishing pistol license reciprocity for military personnel when that individual is a member of an active or reserve component of the armed forces of the United State and is also duly licensed to carry a pistol or firearm by another jurisdiction within the United States. This enables such individual to carry a pistol or firearm within New York State for a period of time not exceeding 90 days while the applicant's New York pistol license application is pending.

Section 3 is the effective date.

Existing law

Article 400 of the Penal Law pertains to licensing and other provisions related to firearms. Section 400.00 provides the requirements for licenses to carry, possess, repair and dispose of firearms.

Currently, subdivision 4-a of this section provides, applications for licenses shall be accepted for processing by the licensing officer at the time of presentment. Except upon written notice to the applicant specifically stating the reasons for any delay, in each case the licensing officer shall act upon any application for a license pursuant to this section within six months of the date of presentment of such an application to the appropriate authority. Such delay may only be for good cause and with respect to the applicant. In acting upon an application, the licensing officer shall either deny the application for reasons specifically and concisely stated in writing or grant the application and issue the license applied for.

Justification

As members of the Profession of Arms, many soldiers own and maintain personal firearms and over the course of a career, these soldiers will be assigned to multiple installations in many different states, each with its own laws regarding firearm ownership and use. Transporting these items and applying for separate licenses following each new assignment is burdensome. This legislation alleviates much of that burden for our military personnel who are relocated to New York. The bill authorizes state recognition, or reciprocity, of pistol or firearm licenses from other states during the New York pistol permit application process, requires that the licensing officer act upon such pistol license applications by a member of the military within 60 days of the application's submission, and establishes that nothing shall proscribe the issuance of such a license so long as the armed forces applicant submits the appropriate documentation accompanying the application and submits proof of a previously obtained license issued by another state.

Currently, soldiers owning a weapon properly permitted in another state jurisdiction must meet federally licensed shipping requirements when transporting that weapon into New York State. Until the soldier receives his or her permit in New York State the weapon may not be carried, transported or used by the soldier. Although Soldiers are fully trained in marksmanship during duty hours, these soldiers are prohibited from using their personal weapon on installation recreational ranges during off-duty hours. This severely limits their ability to further hone their marksmanship skills.

Ensuring that no military personnel are found in violation of New York State pistol permit licensing laws is necessary. But requiring these soldiers to wait over a year for a New York State issued permit is untenable. By providing for firearm license reciprocity during the application process and guaranteeing that nothing prohibits the issuance of a firearm license when the application is properly made by a member of the armed forces with evidence of a previously issued firearm license duly provided to them in another state, New York demonstrates its unwavering support of the military and does much to promote the transition of these soldiers to life in New York State.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act will take effect on the thirtieth day after is becomes law.