What's happening
This bill allows domestic violence victims with a valid order of protection to carry or possess a firearm without a license while their application is pending.
Why it matters
Temporarily removes licensing barriers for domestic violence victims. By allowing those with a valid order of protection and a pending firearm license application to legally carry or possess a firearm, the bill prioritizes immediate self-defense needs during a high-risk period, acknowledging that the licensing process can take time.
Establishes safeguards and documentation requirements. Eligible individuals must carry both their order of protection and a certified copy of their pending application, along with photo ID, ensuring law enforcement can quickly verify their status and intent.
Includes an expiration mechanism for temporary firearm possession. The certified application copy is only valid for 45 days (renewable if the application is still pending), limiting the duration of this exception and encouraging timely completion of the licensing process.
Aims to balance victim safety with public accountability. The bill sets a low penalty ($25 fine) for failing to carry the required documents, prioritizing victim protection while maintaining a framework for oversight and compliance.
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Who cares
Headline styles
Let Domestic Violence Victims Carry Guns
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Notice of committee consideration - requested
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
205
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- 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 allowing victims of domestic violence to carry or possess firearms without a license
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 400.00 of the penal law is amended by adding a new subdivision 18 to read as follows:
18. Carrying or possessing a firearm with a valid order of protection. (a) The provisions of this section and article two hundred sixty-five of this chapter relating to the illegal carrying or possession of a firearm shall not apply to a person:
(i) over the age of twenty-one years old;
(ii) protected by an order of protection issued due to such person being a victim of a family offense, as described in subdivision one of section 530.11 of the criminal procedure law;
(iii) who has an application pending for a license to carry or possess the firearm they are carrying or possessing;
(iv) is carrying or possessing the firearm in a manner that would be legal if the license that is being applied for had been issued; and
(v) has a good faith belief that they will be granted such license.
(b) Upon a person applying for a license to carry or possess a firearm, such person may request a certified copy of the application upon its submission. The certified copy shall contain a date which is forty-five days from the date of the application. The applicant can return to where the application was submitted and request a new certified copy of the application with a date forty-five days from the date of such request at any time before the license is issued or the application is denied. The certified copy of the application will not be valid
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02691-01-9
S. 205 2
for use by the applicant under paragraph (c) of this subdivision past the date listed on it.
(c) While a person allowed under this subdivision to carry or possess a firearm is carrying or possessing such firearm, they shall carry the order of protection and an unexpired certified copy of the application which allows for them to carry or possess the firearm as well as state issued photo identification. Failure to do so is a violation punishable by a fine up to twenty-five dollars.
§ 2. This act shall take effect on the first of November next succeeding the date on which 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 allowing victims of domes- tic violence to carry or possess firearms without a license
Purpose
To allow victims of domestic violence to possess a firearm without a license while their pistol permit application is pending.
Summary of provisions
Section 1 adds a new subdivision to Section 400.0 of the penal law by allowing an individual to carry or possess a firearm if they are over the age of 21, protected by an order or protection, applied for a license, is carrying the weapon in a manner consistent with being a license holder, and has a good faith effort to believe their application will be approved.
The individual may ask for a certified copy of their application that will be good for 45 days, and may return to renew it after such prescribed time if they have not had a response provided to their appli- cation. They shall lawfully able to carry or possess a weapon if they are carrying the order of protection, as well as the unexpired certified copy of the application. Section 2 is the effective date.
Justification
Anyone under an order of protection deserves the utmost protection available to them under the law. While the orders themselves provide some security, they are at their core only a piece of paper. Should an individual decide to violate an order with malintent there is little often the victim can do to protect themselves. An individual, who is fearful and while being protected by an order of protection applies for a pistol permit should be able to have the protection afforded to them having the permit and weapon provides immediately as the time frame for having a license approved is long and leaves the individual vulnerable. In 2015 in New Jersey, a woman was shot dead by her ex while waiting for her permit to be approved.
Legislative history
S. 7045 Referred to Senate Codes Committee
Fiscal implications
None.
Effective date
November first next succeeding.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.