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S5583Senate2019-2020 SessionSame asA4422

Statewide Gun Permits for Retired Police

Official title

“Authorizes retired police officers to apply for a firearms license that is valid throughout the state”

Sponsor John E. BrooksSD-8+1 co-sponsorAffects 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 streamlines and expedites firearm license applications for retired police officers, granting them statewide carry rights upon retirement.

Why it matters

  1. Retired police officers will benefit from a presumption of fitness and qualification. to carry firearms, provided they submit a certification or attestation from their former law enforcement agency—this could significantly reduce bureaucratic hurdles and subjective denials.

  2. Applications by retired officers must be filed within 90 days of retirement. , making the window for accessing this streamlined process both clear and time-limited, potentially impacting those unaware or unable to meet the deadline.

  3. Licensing authorities in smaller jurisdictions (under one million population) are required to issue a license within 60 days. of a qualified retired officer’s application, creating a legal obligation for prompt processing and reducing uncertainty for applicants.

  4. The resulting license will allow retired officers to carry and possess firearms statewide. , not just within their home county or city, increasing mobility and standardizing rights for these individuals across New York.

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Who cares

  • Retired police officers

    Qualifying retirees who apply within 90 days of retirement with agency certification or attestation of retirement in good standing would gain presumptive evidence of fitness and qualification to carry and possess firearms.

  • Firearms licensing authorities

    Authorities with jurisdiction in counties or cities with fewer than one million residents would have to issue qualifying retirees a pistol or revolver license within 60 days of submission, valid in every county and city statewide.

  • Likely support

    Law enforcement agencies and departments

    Their certification or attestation that an applicant retired in good standing would support the applicant’s eligibility for the bill’s expedited licensing process.

Headline styles

Statewide Gun Permits for Retired Police

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

Sponsors

Primary sponsor
John E. Brooks

Senator · Senate District 8

Chair, Veterans, Homeland Security And Military Affairs

1 Co-sponsor

History

  1. Referred to codes
  2. 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.

A4422Assembly

Statewide Gun License for Retired Cops

In Assembly Committee · Codes · Sponsor Kenneth Zebrowski

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5583

2019-2020 Regular Sessions

IN SENATE

May 8, 2019

Introduced by Sen. BROOKS -- 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 licenses to carry and possess firearms for retired police officers

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. (a) 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. Application by a retired police officer, who submits an application containing a certification or attestation from the law enforcement agency or department from which he or she retired in good standing, shall be presumptive evidence as to the fitness and qualification to carry and possess firearms. Provided, however, the application containing a certification or attestation must be filed with the licensing officer within ninety days of the police officer's date of retirement. The licensing authority with jurisdiction in the county or city having a population of less than one million, shall issue a license to carry and possess a pistol or revolver pursuant to this section within sixty days of a retired police officer applicant's submission and such license shall authorize the licensee to carry and possess firearms in every county and city in this state.

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

[ ] is old law to be omitted.

LBD08801-01-9

S. 5583 2

(b) For the purposes of this section, "retired police officer" shall mean a former police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, who upon separation from a law enforcement agency or department was immediately entitled to receive retirement benefits under the provisions of the retirement and social security law or the administrative code of the city of New York.

§ 2. This act shall take effect immediately.

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 licenses to carry and possess firearms for retired police officers

Purpose

The purpose of this bill is to provide that proof of retirement in good standing shall be considered presumptive evidence as to the fitness and qualification of a retired police officer when applying for a license to carry and possess a firearm. This section is only applicable when an application for a license is filed with a certification or attestation of good standing from the law enforcement agency or department from which the officer retired within ninety days of retirement.

Summary of provisions

Section 1. amends section subdivision 4-a of section 400.00 of the penal law to provide that proof of retirement in good standing shall be considered presumptive evidence as to the fitness and qualification of a retired police officer when applying for a license to carry and possess a firearm. This section is only applicable when an application for a license is filed with a certification or attestation from the law enforcement agency or department that such officer retired in good standing from which the officer retired within ninety days of retire- ment.

Section 2. is the enacting clause.

Justification

Current law affords retired New York State Troopers the authorization to carry and possess firearms via the process laid forth in this bill. This legislation would merely allow other retired police officers to have the same privileges.

Our police officers protect our families and serve their communities for decades. Even in retirement, their ability to responsibly own and carry weapons is essential to public safety.

Fiscal implications

None to the state

Effective date

This act shall take effect immediately.

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