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S4842Senate2017-2018 SessionSame asA1403

Allow Retired Police Statewide Carry

Official title

“Authorizes retired police officers to apply for a firearms license that is valid throughout the state”

Sponsor Thomas CrociSD-3+11 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

The bill streamlines and expedites pistol license applications for retired police officers, granting broad statewide firearm carrying rights.

Why it matters

  1. Creates a presumption of fitness. Retired police officers applying for a pistol license will be automatically presumed qualified to carry and possess firearms if they submit proof of honorable retirement from their law enforcement agency. This reduces bureaucratic hurdles compared to civilian applicants.

  2. Imposes a strict licensing timeline. Local licensing authorities must issue pistol licenses to eligible retired officers within 60 days of application, significantly expediting the process compared to the general public.

  3. Grants broad statewide carry rights. Licenses granted under this provision will allow retired officers to carry and possess firearms in every county and city in New York State, regardless of local restrictions that might otherwise apply.

  4. Limits eligibility and timeframe. Only those who file within 90 days of retirement and who immediately qualify for retirement benefits are eligible, ensuring the privilege is restricted to recent, bona fide retirees in good standing.

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Who cares

Headline styles

Allow Retired Police Statewide Carry

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to codes
  2. 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.

A1403Assembly

Retired Cops Get Statewide Guns

In Assembly Committee · Codes · Sponsor Kenneth Zebrowski

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4842

2017-2018 Regular Sessions

IN SENATE

March 3, 2017

Introduced by Sens. CROCI, AKSHAR, DeFRANCISCO, FUNKE, HANNON, MARCHIONE, MURPHY, ORTT, ROBACH, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to licenses to carry and possess firearms for retired police officers

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 4-a of section 400.00 of the penal law, as added by chapter 233 of the laws of 1980, is amended to read as follows:

4-a. Processing of license applications. (a) 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. Application by a retired police officer, who submits an application containing a certification or attestation from the law enforcement agency or department from which he or she retired in good standing, shall be presumptive evidence as to the fitness and qualification to carry and possess firearms. Provided, however, the application containing a certification or attestation must be filed with the licensing officer within ninety days of the police officer's date of retirement. The licensing authority with jurisdiction in the county or city having a population of less than one million, shall issue a license to carry and possess a pistol or revolver pursuant to this section within sixty days of a retired police officer appli-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00841-02-7

S. 4842 2

cant's submission and such license shall authorize the licensee to carry and possess firearms in every county and city in this state.

(b) For the purposes of this section, "retired police officer" shall mean a former police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, who upon separation from a law enforcement agency or department was immediately entitled to receive retirement benefits under the provisions of the retirement and social security law or the administrative code of the city of New York.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to licenses to carry and possess firearms for retired police officers

Purpose or general idea of bill

This bill will allow a police officer who retired in good standing to qualify for a license to carry and possess a firearm in any city or county in this state.

Summary of provisions

Section One amends the penal law by providing that retirement by a police officer, in good standing, who obtains an affirmation from the agency or department from which he or she is retiring, shall be presump- tive evidence as to the fitness and qualification of that individual to carry and possess firearms in every county and city of this state, so long as the retired officer files for said license within a specified period of time following their retirement.

Section two provides that this act shall take effect immediately.

Justification

Under current law, retired New York State Troopers have the authority to carry and possess firearms. This legislation would expand that authority to all other police officers who retire in good standing. Our police officers protect families and serve their communities for decades. Their ability to responsibly own and carry weapons should not be taken away from then when they retire from the line of duty.

Legislative history

S.4122 of 2015/16: Referred to Codes S.2290 of 2013/14: Referred to Codes

Fiscal implications

None to State.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.