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Sponsors
No co-sponsors yet.
History
- 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 a temporary permit to carry or possess a firearm
In Assembly Committee · Codes · Sponsor Brian Kolb
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to possession of a pistol or revolver
Purpose
To create a process for the issuance of a temporary permit to carry or possess a firearm for persons who are not residents of the state of New York and provide an affirmative defense to possession of a loaded firearm by certain persons and provides reciprocity for persons licensed in other states.
Summary of provisions
Section 1 amends Penal Law § 265.20 by extending the exemption from prosecution for illegal possession of a firearm to include holders of a temporary pistol permit.
Read the full memo (713 words)
Section 2 amends Penal Law § 265.20 by adding a new subdivision "f' which allows a non resident of NYS, who is duly licensed to carry a concealed firearm in such person's home state, to carry a concealed firearm in NYS, provided that such person complies with the laws of the home state and is subject to the same conditions and limitations (except as to eligibility to possess or carry) imposed on NYS residents by federal or NYS law. In addition, such persons must carry a specified, photo ID and not have an intent to use the firearm for an illegal purpose. Should the nonresident become a NYS resident the licensee would have sixty days to file an application to acquire a NYS license.
Section 3 amends Penal Law § 400.00 to authorize the issuance of a temporary pistol permit.
Section 4 amends Penal Law Article 400 by adding a new section 400.04 which outlines the eligibility and the procedure for acquiring a temporary pistol permit. This section provides an avenue for nonresidents of NYS, who do not live in a state which issues permits to possess or carry a concealed firearm, to be able to legally carry a firearm which is legal in their home state, in NYS on a temporary basis.
Section 5 amends Penal Law § 265.10 by adding a new subdivision 2-a, which codifies into NYS law, federal law regarding the ability to legally transport a firearm' through NYS under certain circumstances.
Section 6 amends Penal Law § 265.03 to provide for an affirmative defense to the penal law crime of possession of a loaded firearm where a nonresident is authorized to possess and carry such firearm under the laws of his or her home state, or where a resident of NYS is licensed to possess and carry such firearm in NYS, but only if this is a first offense.
Section 7 amends Penal Law § 265.01 to provide for an affirmative defense to the penal law crime of possession of a firearm, where a nonresident is authorized to possess and carry such firearm under the laws of his or her home state, or where a resident of NYS is licensed to possess and carry such firearm in NYS, but only if this is a first offense.
Section 8 is the effective date.
Justification
This legislation will provide pistol permit reciprocity for law-abiding gun owners traveling to New York from other states and is necessary to ensure that law-abiding gun owners visiting New York are not punished for mistakenly violating state gun possession laws. . Under this legislation, non-residents, may possess and carry a concealed firearm in New York State, if they are in possession of a valid permit issued by another state, carry a valid photo identification document and do not have any intent to use their firearm for an illegal purpose. This legislation would also establish a process to allow for temporary licenses to carry or possess a firearm in New York State for residents of other states, which do not require a license or permit to possess or carry a firearm. Lastly, this measure will provide protection to all law-abiding gun owners from other states or licensed New York State residents by creating an affirmative defense to a charge of possession of a firearm, or loaded firearm if the person has not previously been charged with possession of a firearm.
Prior legislative history
A.6525 (2013-14), Held in Codes; A.9086 (2011-12), Held in Codes.
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.