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S3354Senate2019-2020 Session

Faster Gun Permits for Abuse Victims

Official title

“Relates to processing of firearms license applications for victims of domestic abuse who have been issued an order of protection”

Sponsor Robert OrttSD-62Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill requires firearms license applications from domestic abuse victims with orders of protection to be processed within 14 days.

Why it matters

  1. Prioritizes safety for vulnerable individuals. By requiring expedited processing for domestic abuse victims with an order of protection, the law aims to provide them with a means of self-defense more quickly during a period of heightened risk.

  2. Reduces bureaucratic delays. The standard six-month processing window for firearms licenses can leave abuse victims unprotected for months; this amendment creates a clear, enforceable 14-day timeline for qualifying applicants, addressing an urgent safety need.

  3. Establishes a clear administrative process. The bill requires immediate action from licensing officers when an applicant presents a qualifying order of protection, reducing ambiguity about how and when applications from abuse survivors should be prioritized.

  4. Signals institutional recognition of domestic violence risks. The legislation acknowledges the unique vulnerabilities of domestic abuse victims and marks a shift toward integrating protective measures into licensing procedures, potentially setting a precedent for similar reforms in other areas.

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Who cares

Headline styles

Faster Gun Permits for Abuse Victims

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

Sponsors

Primary sponsor
Robert Ortt

Senator · Senate District 62

No co-sponsors yet.

History

  1. Referred to codes
  2. Notice of committee consideration - requested
  3. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3354

2019-2020 Regular Sessions

IN SENATE

February 6, 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 processing of firearms license applications for victims of domestic abuse who have been issued an order of protection

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. (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.

(b) In the event that an applicant is an individual 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 and the applicant presents the order of protection to the licensing officer on the date of presentment, the licensing officer shall act upon the application for a license pursuant to this section within fourteen calendar days of the date of presentment of such an application to the appropriate authority.

§ 2. On the day this act become a law, the secretary of state shall send a copy of this law by mail to each county clerk in the state.

§ 3. This act shall take effect immediately; provided, however, that section one of this act shall take effect on the fourteenth day after it shall have become a law.

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

[ ] is old law to be omitted.

LBD09428-01-9

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 processing of firearms license applications for victims of domestic abuse who have been issued an order of protection

Purpose or general idea of bill

This bill requires expedited review of pistol permit applications for victims of domestic abuse.

Summary of specific provisions

Sections 1 amends Section 400.00 of the penal law to require that a pistol permit application be reviewed within 14 days when a domestic abuse victim provides proof of an order of protection.

Section 2 requires the Secretary of State to provide notice of this law to each county's clerk. Section 3 sets 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 malicious intent, there is little 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, New Jersey resident Carol Bowne had an order of protection against her ex-boyfriend, but applied for a pistol permit for extra protection. Two months after applying for her permit, she had still not received a response to her application, and she was fatally stabbed by her ex-boyfriend. Had her permit been expedited, Carol could've defended herself from this violent attack.

Current NYS law requires an application to be processed within 6 months. This bill would fast-track the review process so our most vulnerable citizens can effectively defend themselves.

Prior legislative history

New Bill.

Fiscal implications

None to the state.

Effective date

14 days after becoming law.

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