NEW YORK BILL might be ammended

Jmazz

Jmazz

NRA Member
NYSenate.gov : Senators | Committees | Issues & Initiatives | Newsroom Beta Feedback | Mobile Access | Developers Open Legislation v1.6 is currently in "beta" and may occasionally be inaccurate or out of date. Up-to-the-minute legislation is still available from the Legislative Research Service . Bills Calendars Meetings Transcripts Actions Votes | Browse by: Sponsor , Committee | Advanced | View Comments Be notified of updates to this page: Privacy | Third-Party Service Info Use BillBuzz to read what's being said about legislation S1863-2011: Relates to licenses to carry, possess, repair and dispose of firearms Versions: S1863-2011 Print HTML Page / Print Original Bill Format / / Read or Leave Comments Establishes a license for a pistol or revolver shall be issued to have and carry concealed, without regard to employment or place of employment and without judicial discretion on whether proper cause exists for the issuance thereof; requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS). Sponsor: / Committee: CODES / Law Section: Penal Law S1863-2011 Actions Jan 13, 2011: REFERRED TO CODES S1863-2011 Text Not AvailableS T A T E O F N E W Y O R K 1863 2011-2012 Regular Sessions I N SENATE January 13, 2011 Introduced by Sen. ESPAILLAT -- 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, possess, repair and dispose of firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section 400.00 of the penal law, paragraph (f) of subdivision 2 as amended by chapter 189 of the laws of 2000 and subdivision 4 as amended by chapter 331 of the laws of 2005, are amended to read as follows: (f) have and carry concealed, without regard to employment or place of possession[, by any person when proper cause exists for the issuance thereof]; and 4. Investigation. Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the duly constituted police authorities of the locality where such applica tion is made. For that purpose, the records of the appropriate office of the department of mental hygiene concerning previous or present mental illness of the applicant shall be available for inspection by the inves tigating officer of the police authority. THE POLICE AUTHORITY IN THE LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT A SEARCH OF THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS). In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is signed and verified. Two copies of such fingerprints shall be taken on standard fingerprint cards eight inches square, and one copy may be taken on a card supplied for that purpose by the federal bureau of investigation; provided, however, that in the case of a corporate applicant that has already been issued a dealer in firearms license and seeks to operate a firearm dealership at a second or subsequent location, the original fingerprints on file may EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06350-01-1 S. 1863 2 be used to ascertain any criminal record in the second or subsequent application unless any of the corporate officers have changed since the prior application, in which case the new corporate officer shall comply with procedures governing an initial application for such license. When completed, one standard card shall be forwarded to and retained by the division of criminal justice services in the executive department, at Albany. A search of the files of such division and written notification of the results of the search to the investigating officer shall be made without unnecessary delay. Thereafter, such division shall notify the licensing officer and the executive department, division of state police, Albany, of any criminal record of the applicant filed therein subsequent to the search of its files. A second standard card, or the one supplied by the federal bureau of investigation, as the case may be, shall be forwarded to that bureau at Washington with a request that the files of the bureau be searched and notification of the results of the search be made to the investigating police authority. The failure or refusal of the federal bureau of investigation to make the fingerprint check provided for in this section shall not constitute the sole basis for refusal to issue a permit pursuant to the provisions of this section. Of the remaining two fingerprint cards, one shall be filed with the executive department, division of state police, Albany, within ten days after issuance of the license, and the other remain on file with the investigating police authority. No such fingerprints may be inspected by any person other than a peace officer, who is acting pursu ant to his special duties, or a police officer, except on order of a judge or justice of a court of record either upon notice to the licensee or without notice, as the judge or justice may deem appropriate. Upon completion of the investigation, the police authority shall report the results to the licensing officer without unnecessary delay. S 2. This act shall take effect on the ninetieth day after it shall have become a law. *By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13. Discuss! Please enable JavaScript to view the comments powered by Disqus. blog comments powered by Disqus This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License . Permissions beyond the scope of this license are available at Copyright Policy | New York State Senate . The software and services provided under this site are offered under the BSD License and the GPL v3 License. :yu:

:pleasantry:
S1863-2011 - NY Senate Open Legislation - Relates to licenses to carry, possess, repair and dispose of firearms - New York State Senate
 
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billv said:
WTF?

No wonder no one can understand the laws, much less read them...
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Basically, NY got told that their licensing didn't meet Fed requirements. The old law was even worse than this version but it still requires too much lattitude of the gov't as to whether you deserve to have a gun.
 
Proof

So if I understand this correctly applicants are no longer going to be required to provide a reason or cause to own a gun in NYC?
 
The legislative summary states:

Establishes a license for a pistol or revolver shall be issued to have and carry concealed, without regard to employment or place of employment and without judicial discretion on whether proper cause exists for the issuance thereof;

requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).
 
so they are going to do away with the stupid "sportsman" restriction? that'll make my life alot easier as i was/am going to be trying to get my "restrictions" removed. if that's the way i read it, that would be great.
 
Full Carry Privileges in NYS??

That'll be the day.
Are you telling me that my brethen in NYC will be able to carry?
How bout those anti areas like nassau, suffolk, and westchester counties?

What is Bloomberg, Chuckie Schumer and the royal highness Gov. Cuomo have to say about this? I personally believe that NY (except for a few areas) will never ever allow conceal carry in their districts.:hang3:
 
i didn't read anything about changing the way's that NYC controls things. i believe this has to do with the "restrictions" that they are putting on licenses for the rest of NY state. gotta remember there's alot more to NY state than that damn city.
 
homebuilt said:
i didn't read anything about changing the way's that NYC controls things. i believe this has to do with the "restrictions" that they are putting on licenses for the rest of NY state. gotta remember there's alot more to NY state than that damn city.
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The State Senator who introduced the bill represents the 31st district in NYC (Manhattan) and since NYC laws are New York State Penal Law, they can be affected on laws enacted up in Albany. Is he trying to make NY a shall issue, since he represents NYC? Now the problem is that NYC Senators probably introduces 90% of the anti-gun laws, except for this guy, weird!
 
homebuilt said:
i didn't read anything about changing the way's that NYC controls things. i believe this has to do with the "restrictions" that they are putting on licenses for the rest of NY state. gotta remember there's alot more to NY state than that damn city.
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Yeah, tell that to Bloomberg and the NYC Democrats that try to run the rest of the state!:biggrin:
Seriously though, with out uniform state laws regarding concealed carry and a NYS Pre-emption Law, NYC can do whatever it wants, to a point, that is.
 
nogods said:
The legislative summary states:

Establishes a license for a pistol or revolver shall be issued to have and carry concealed, without regard to employment or place of employment and without judicial discretion on whether proper cause exists for the issuance thereof;

requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).
Click to expand...
You should be working for the state. I read the OP several times and scratched my head. You summarized it in two sentences. :laugh:

And here's the kicker... I teach the penal law. :confused:
 
Funny... My license covers me when I visit the city (Boston) and that cesspool of liberalism is responsible for most of the BS gun laws we have here... A rouge tidal wave or perhaps a tsunami would be the only way to have effective change in NYC...

Keep holding your breath as long as Blooming idiot, Schumbag, and McCrapy are in charge...
 
I live in NY and agree we need to be a "MUST ISSUE" state. Im hoping it passes all the way into law. Im calling the 25th district rep tomo and telling her to support this. Its the first step to allowing NY in accepting other states licenses.
 
still nothing

It's funny. I do a google search about the NYS cc laws and their restrictions and don't see a thing about the lawsuit.
 
Most "shall-issue" states have a provision that allows an applicant to be denied a permit based on his/her background (criminal or mental health). Many of these same states require residents periodically renew their CCW permit. Thus there exists a thin line between a "shall-issue" and "discretionary-issue" state.

Chuck Schumer and Caroline McCarthy serve at the federal level, not state. They have little influence in NY state or state law. They ARE actively seeking to limit the rights of ALL Americans.

NYC has codified its requirements into NYS Penal Law, Article 400. The proposed amendment does nothing to change the law in NYC, Albany or the counties of Westchester, Suffolk or Nassau. The rest of the state is much more friendly than these high density areas.

For what it's worth, there will never be a CCW permit for the masses in NYC. There are nearly 10 million people crammed into a 12 X 4 mile island. People are shoulder to shoulder on the streets and most defensive gun use on the streets of Manhattan would result in collateral damage to innocent people. Combined this with the extremely high level of liberals and foreigners in NYC and one can see this will never come to pass. Nearly all of the attempts at restrictive gun control arise from NYS Assembly members in NYC. Thankfully the state Senate is primarily republican controlled so the laws get slapped down in the senate.
 
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