What's happening
This bill requires that pistol or revolver license applications in New York be approved or denied within 180 days, or fees must be refunded.
Why it matters
Creates a clear timeline for government action. By requiring licensing officers to approve or deny pistol or revolver license applications within 180 days, the bill aims to prevent indefinite waiting periods and improve transparency and predictability for applicants.
Establishes financial accountability. The requirement for a refund of all associated fees and charges if the deadline is not met (unless the delay was beyond the government’s control) gives agencies a financial incentive to process applications promptly and compensates applicants for unreasonable delays.
Potentially impacts access to firearms. By streamlining and placing a deadline on the licensing process, the bill could make it easier and faster for eligible individuals to legally obtain a pistol or revolver, which may be of interest to both gun rights advocates and those concerned about public safety.
May increase administrative pressure. Local governments and licensing officers could face increased workload and pressure to meet deadlines, which might require process improvements or additional resources to avoid having to issue refunds.
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Who cares
Headline styles
Speed Up Gun License Decisions
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 Up Gun License Decisions
In Assembly Committee · Codes · Sponsor David DiPietro
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4680
2019-2020 Regular Sessions
IN SENATE
March 20, 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 requiring application for a license to carry or possess a pistol or revolver to be acted upon within 180 days of the receipt thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 3 of section 400.00 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
(a) (i) Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his or her principal place of business as merchant or storekeeper; and, in the case of a license as gunsmith or dealer in firearms, to the licensing officer where such place of business is located. Blank applications shall, except in the city of New York, be approved as to form by the superintendent of state police. An application shall state the full name, date of birth, residence, present occupation of each person or individual signing the same, whether or not he or she is a citizen of the United States, whether or not he or she complies with each requirement for eligibility specified in subdivision one of this section and such other facts as may be required to show the good character, competency and integrity of each person or individual signing the application. An application shall be signed and verified by the applicant. Each individual signing an application shall submit one photograph of himself or herself and a duplicate for each required copy of the application. Such photographs shall have been taken within thirty days prior to filing the application. In case of a license as gunsmith or dealer in firearms, the photographs submitted shall be two inches square, and the application shall also state the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03021-01-9
S. 4680 2
previous occupation of each individual signing the same and the location of the place of such business, or of the bureau, agency, subagency, office or branch office for which the license is sought, specifying the name of the city, town or village, indicating the street and number and otherwise giving such apt description as to point out reasonably the location thereof. In such case, if the applicant is a firm, partnership or corporation, its name, date and place of formation, and principal place of business shall be stated. For such firm or partnership, the application shall be signed and verified by each individual composing or intending to compose the same, and for such corporation, by each officer thereof.
(ii) In the case of each application for the issuance or renewal of a license to carry or possess a pistol or revolver, the licensing officer shall provide written notice to the applicant of the approval or denial of such application within one hundred eighty days of the receipt of the application by the appropriate county or city. In the event such notice is not provided within one hundred eighty days, the county or city shall provide to the applicant, a refund of all fees and charges associated with the submission of the application, unless the failure to provide timely notice was due to a factor or factors beyond the control of the city or county and the licensing officer.
§ 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 requir- ing application for a license to carry or possess a pistol or revolver to be acted upon within 180 days of the receipt thereof
Purpose
The bill is designed to provide an incentive for the timely processing of license applications pursuant to Section 400 of the penal law.
Summary of provisions
Section 1 amends section 400 of the penal law to provide that an appli- cation for the issuance or renewal of a license to carry a pistol or revolver shall be issued or denied by a written determination of the licensing officer within 180 days from the receipt cif the application by the appropriate county or city.
If such notice is not provided within 180 days, all fees and charges associated with the submission of the license application shall be refunded to the applicant.
Section 2 provides that this act shall take effect 30 days after enact- ment.
Justification
Someone who applies for a license to carry or possess a handgun pursuant to the Penal Law completes an application and undergoes a rigorous and thorough background investigation that will include collection of fing- erprints, references, and other personal information. With advances in the sharing of electronic information, including criminal history checks, an individual should not have to wait an undue period of time before obtaining a license to possess a hand gun. Unfortunately, there have been numerous reported delays in this process that result in inaction upon a license application taking well over a year with no justification provided for the delay.
This bill will help to ensure that those who wish to assert their second amendment rights are not unduly hindered.
Legislative history
2017,2018: S.451 REFERRED TO CODES 2016: S.7737 REFERRED TO CODES
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect 30 after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.