What's happening
This bill allows active-duty military personnel with out-of-state pistol permits to carry firearms in New York for up to 90 days and expedites their pistol license application process.
Why it matters
Speeds up firearm licensing for active-duty military. By requiring New York officials to process pistol license applications from active-duty service members with out-of-state permits within 60 days (instead of 6 months), the bill aims to reduce bureaucratic delays for military personnel who may be transferred or need to move quickly.
Temporary carry rights for military with out-of-state permits. Allows active-duty military who are properly licensed elsewhere in the U.S. to legally carry their firearms in New York for up to 90 days, or until their New York license application is processed. This provides a legal bridge for those relocating or on temporary assignment.
Clear requirements for law enforcement interactions. The bill mandates that military personnel carrying under these provisions must have both their out-of-state permit and military ID on them, and must proactively inform law enforcement if approached. This could improve transparency and safety during police encounters.
Potential impact on gun policy debates and federal-state relations. By creating an exception to New York’s strict handgun laws for active-duty military, the bill highlights ongoing tensions around gun rights, state sovereignty, and accommodations for service members—possibly setting a precedent for similar measures elsewhere.
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Who cares
Headline styles
Faster Gun Permits for Military
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Speed Gun Permits for Military
In Assembly Committee · Codes · Sponsor Pamela J. Hunter
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1224
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. RITCHIE -- 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 reciprocity for pistol permit applications for military personnel
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. 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. An application for a license pursuant to this section for any active member of the armed forces of the United States shall be acted upon by the licensing officer within sixty days of the date of submission of such an application to the appropriate authority provided such active member of the armed forces is duly licensed to carry a pistol or firearm by another jurisdiction within the United States. Nothing shall proscribe the issuing of a license pursuant to this section so long as the applicant who is an active member of the armed forces, submits the appropriate documentation accompanying the application and submits proof of a previously obtained license issued by another state.
§ 2. The penal law is amended by adding a new section 400.15 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04212-01-9
S. 1224 2
§ 400.15 Reciprocity for qualified military personnel.
1. Notwithstanding any other provision of law to the contrary, any active member of the armed forces of the United States who is duly licensed to carry a pistol or firearm by another jurisdiction within the United States shall be allowed to carry such pistol or firearm within New York state for a period of time not to exceed ninety days, and for the period of time an application is pending under section 400.00 of this article.
2. Persons carrying a firearm under the provisions of this section shall be required to: (a) carry the out-of-state permit together with valid military identification whenever the person is carrying the pistol or firearm and (b) disclose to any law enforcement officer that the person holds a valid permit and is carrying a pistol or firearm when approached or addressed by the officer, and shall display both the permit and the proper military identification upon the request of a law enforcement officer.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
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 reciprocity for pistol permit applications for military personnel
Purpose
To provide reciprocity for pistol permit applications for military personnel
Summary of specific provisions
Section 1 amends subdivision 4-a of § 400.00 of the Penal Law to provide, an application for a pistol permit license by any active member of the Armed Forces of the United States must be acted upon by the licensing officer within 60 days of the date of submission of such application provided that the application is supported by appropriate documentation proving that the applicant is an active member of the military and is duly licensed to carry a pistol or firearm by another jurisdiction within the United States. Nothing shall proscribe the issu- ing 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.
Read the full memo (799 words)
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 indi- vidual 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 licens- ing 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 applica- tion, the licensing officer shall either deny the application for reasons specifically and concisely stated in writing or grant the appli- cation 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 unwav- ering support of the military and does much to promote the transition of these soldiers to life in New York State.
Prior legislative history
2017-2018: S.3014/A.6425 Hunter
Fiscal implications
None to the state.
Effective date
This act will take effect on the thirtieth day after is becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.