What's happening
This bill clarifies that concealed carry pistol licenses in New York may only be restricted by statute, not by additional regulation.
Why it matters
Limits government discretion. By specifying that only statutes (laws passed by the legislature) can impose restrictions on concealed carry pistol licenses, the bill would prevent agencies or local officials from adding their own rules or conditions through regulation or policy.
Strengthens license holder protections. Those with concealed carry licenses would have clearer, more predictable rules, reducing the risk of unexpected or inconsistent restrictions that could vary by county or issuing authority.
Shifts power to state legislature. Any future changes to how concealed carry licenses are restricted would have to go through the full legislative process, making it more difficult for restrictions to be added or changed without broad political support.
Potential for legal clarity and litigation. This change could prompt legal challenges to existing agency-imposed restrictions, potentially invalidating current regulations not explicitly authorized by statute and leading to greater uniformity—but also legal disputes—across New York State.
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Who cares
Headline styles
Only Legislature Sets Gun Limits
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3931
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
Introduced by Sens. SEWARD, AMEDORE, GALLIVAN, GRIFFO, HELMING, JORDAN, RANZENHOFER, TEDISCO -- 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 restrictions imposed by statute regarding the carrying of concealed weapons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 400.00 of the penal law, as amended by chapter 189 of the laws of 2000, is amended to read as follows:
2. Types of licenses. A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a messenger employed by a banking institution or express company; (d) have and carry concealed by a justice of the supreme court in the first or second judicial departments, or by a judge of the New York city civil court or the New York city criminal court; (e) have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefor by such commissioner, warden, superintendent or head keeper; (f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof, subject only to restrictions imposed by statute; and (g) have, possess, collect and carry antique pistols which are defined as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09210-01-9
S. 3931 2
(i) any single shot, muzzle loading pistol with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before l898, which is not designed for using rimfire or conventional centerfire fixed ammunition; and (ii) any replica of any pistol described in clause (i) hereof if such replica--
(1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
§ 2. 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 restrictions imposed by statute regarding the carrying of concealed weapons
Purpose
To clarify and restate uniform requirements for the licensing of indi- viduals to carry and possess pistols and handguns across the state.
Summary of provisions
In section 2, bill amends § 400.00 of the Penal Law to make only restrictions imposed by statute applicable to the licensing of handguns in New York. Section 3 provides the effective date.
Existing law
Although not specifically authorized by statute, some licensing officers may impose certain time, place, and use restrictions on pistol and hand- gun licenses in New York State on a county by county basis. Such restrictions include "hunting and target shooting," "valid only during daylight hours," "valid only if carrying X amount of cash;" and so on. In short, licensing officers have, without legislative authority, created new classes and versions of pistol licenses not contemplated by statute. The result is a "patchwork quilt" effect of licensing through- out the state, with certain licensing officers imposing additional restrictions not authorized by law and some imposing none. In an effort to make the licensing requirements uniform throughout New York, this bill will prohibit county licensing officers from imposing extra-legal restrictions.
Justification
Currently, handgun licensees from different counties may be subject to assorted sets of rules. Confusion may be created regarding compliance and enforcement of restrictions imposed by each county licensing offi- cer. Varying restrictions provide a problem for law enforcement officers as well. The process as it presently operates is fundamentally unjust and unfair, and can result in inadvertent noncompliance and litigation. Since state pistol licensing is a creature of statute, this bill allows county licensing officers to apply only those restrictions expressly imposed by the legislature. The state standard for a handgun license is that without restrictions imposed on an ad hoc basis.
Legislative history
S.7910/A.5590 of 2009-10 S.2361/A.5117 of 2011-12 S.3031/A.6622 of 2013-14 S.2614/A.6614 of 2015-16 S.3961/A.3259 of 2017-18
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.