A04390 Summary:

BILL NO    A04390 

SAME AS    No same as 

SPONSOR    Perry (MS)

COSPNSR    Kavanagh

MLTSPNSR   Aubry

Amd S400.00, Pen L

Requires the submission of proof of personal liability insurance prior to the
issuance or renewal of a license to carry a firearm.
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A04390 Actions:

BILL NO    A04390 

02/04/2013 referred to codes
01/08/2014 referred to codes
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A04390 Votes:

There are no votes for this bill in this legislative session.
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A04390 Memo:

BILL NUMBER:A4390

TITLE OF BILL:  An act to amend the penal law, in relation to requiring
proof of liability insurance prior to the issuance of a license to carry
a firearm

PURPOSE OR GENERAL IDEA OF BILL:

To require proof of personal liability insurance prior to the issuance
of a license to own and use a firearm.

SUMMARY OF SPECIFIC PROVISIONS:

Amends Penal Law Section 400 Subdivision 1 by adding part (g) which
requires proof of personal liability insurance prior to the issuance of
a firearm license.

JUSTIFICATION:

For the past decade firearms have caused the deaths of more New York
State residents than motor vehicle crashes. Each year, more than 2,300
New York State residents are killed and at least 5,300 are hospitalized
as a result of firearm-related injuries. In addition to injuries and
deaths, these incidents also cause damages of considerable monetary
value.

Currently, New York State law does not require licensed firearm owners
to show proof of personal liability insurance in order to carry and use
a firearm. Enactment of this bill will close that loophole and hence-
forth require that no license be issued, or renewed for an individual,
unless proof. of personal liability insurance is submitted with the
application.

PRIOR LEGISLATIVE HISTORY:

2011-2012 A.3043
2009-2010 A.3561
2006-2008 A.5240
2005-2006 A.4684
2003-04 A11002

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the
date on which it shall have become a law and shall apply to licenses
issued or renewed on or after such date.
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A04390 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4390

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 4, 2013
                                      ___________

       Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
         AUBRY -- read once and referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to requiring proof of liabil-
         ity insurance prior to the issuance of a license to carry a firearm

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 1 of section 400.00 of penal law, as amended by
    2  chapter 189 of the laws of 2000, is amended to read as follows:
    3    1. Eligibility. No license shall be issued or renewed pursuant to this
    4  section except by the licensing officer, and then  only  after  investi-
    5  gation  and  finding  that  all statements in a proper application for a
    6  license are true. No license shall be issued or renewed  except  for  an
    7  applicant  (a) twenty-one years of age or older, provided, however, that
    8  where such applicant has  been  honorably  discharged  from  the  United
    9  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
   10  national guard of the state of New York, no such age  restriction  shall
   11  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
   12  anywhere of a felony or a serious offense; (d) who has stated whether he
   13  or she has ever suffered any mental illness  or  been  confined  to  any
   14  hospital  or institution, public or private, for mental illness; (e) who
   15  has not had a license revoked or who is not under a suspension or  inel-
   16  igibility  order  issued pursuant to the provisions of section 530.14 of
   17  the criminal procedure law or section eight hundred forty-two-a  of  the
   18  family court act; (f) in the county of Westchester, who has successfully
   19  completed  a  firearms  safety course and test as evidenced by a certif-
   20  icate of completion issued in his or her name and endorsed and  affirmed
   21  under  the  penalties of perjury by a duly authorized instructor, except
   22  that: (i) persons who are honorably discharged from  the  United  States
   23  army, navy, marine corps or coast guard, or of the national guard of the
   24  state  of  New  York,  and produce evidence of official qualification in
   25  firearms during the term of service are not required to  have  completed

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00099-02-3
       A. 4390                             2

    1  those  hours  of  a  firearms  safety course pertaining to the safe use,
    2  carrying, possession, maintenance and storage of  a  firearm;  and  (ii)
    3  persons  who  were licensed to possess a pistol or revolver prior to the
    4  effective  date  of  this paragraph are not required to have completed a
    5  firearms safety course and test; [and] (g) WHO SUBMITS PROOF OF PERSONAL
    6  LIABILITY INSURANCE; AND (H) concerning whom no good  cause  exists  for
    7  the  denial  of  the  license. No person shall engage in the business of
    8  gunsmith or dealer in firearms unless licensed pursuant to this section.
    9  An applicant to engage in such business shall also be a citizen  of  the
   10  United States, more than twenty-one years of age and maintain a place of
   11  business  in  the  city  or county where the license is issued. For such
   12  business, if the applicant is a firm or partnership, each member thereof
   13  shall comply with all of the requirements set forth in this  subdivision
   14  and  if  the  applicant  is a corporation, each officer thereof shall so
   15  comply.
   16    S 2.  Subdivision 1 of section 400.00 of the penal law, as amended  by
   17  chapter 1 of the laws of 2013, is amended to read as follows:
   18    1. Eligibility. No license shall be issued or renewed pursuant to this
   19  section  except  by  the licensing officer, and then only after investi-
   20  gation and finding that all statements in a  proper  application  for  a
   21  license  are  true.  No license shall be issued or renewed except for an
   22  applicant (a) twenty-one years of age or older, provided, however,  that
   23  where  such  applicant  has  been  honorably  discharged from the United
   24  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
   25  national  guard  of the state of New York, no such age restriction shall
   26  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
   27  anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
   28  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
   29  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
   30  an alien (i) is not illegally or unlawfully in the United States or (ii)
   31  has not been admitted to the United States  under  a  nonimmigrant  visa
   32  subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
   33  discharged from the Armed Forces under dishonorable conditions; (h) who,
   34  having been a citizen of the United States, has not renounced his or her
   35  citizenship; (i) who has stated whether he or she has ever suffered  any
   36  mental illness; (j) who has not been involuntarily committed to a facil-
   37  ity  under  the  jurisdiction  of  an office of the department of mental
   38  hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
   39  article seven hundred thirty or section 330.20 of the criminal procedure
   40  law,  section  four  hundred two or five hundred eight of the correction
   41  law, section 322.2 or 353.4 of the family court act,  or  has  not  been
   42  civilly  confined in a secure treatment facility pursuant to article ten
   43  of the mental hygiene law; (k) who has not had a license revoked or  who
   44  is  not under a suspension or ineligibility order issued pursuant to the
   45  provisions of section 530.14 of the criminal procedure  law  or  section
   46  eight  hundred forty-two-a of the family court act; (l) in the county of
   47  Westchester, who has successfully completed a firearms safety course and
   48  test as evidenced by a certificate of completion issued in  his  or  her
   49  name  and endorsed and affirmed under the penalties of perjury by a duly
   50  authorized instructor,  except  that:  (i)  persons  who  are  honorably
   51  discharged  from  the  United  States  army, navy, marine corps or coast
   52  guard, or of the national guard of the state of New  York,  and  produce
   53  evidence  of  official  qualification  in  firearms  during  the term of
   54  service are not required to have completed those  hours  of  a  firearms
   55  safety  course pertaining to the safe use, carrying, possession, mainte-
   56  nance and storage of a firearm; and (ii) persons who  were  licensed  to
       A. 4390                             3

    1  possess  a  pistol or revolver prior to the effective date of this para-
    2  graph are not required to have completed a firearms  safety  course  and
    3  test;  (m)  who has not had a guardian appointed for him or her pursuant
    4  to any provision of state law, based on a determination that as a result
    5  of  marked subnormal intelligence, mental illness, incapacity, condition
    6  or disease, he or she lacks the mental capacity to  contract  or  manage
    7  his  or her own affairs; [and] (n) WHO SUBMITS PROOF OF PERSONAL LIABIL-
    8  ITY INSURANCE; AND (O) concerning whom no  good  cause  exists  for  the
    9  denial  of  the  license.  No  person  shall  engage  in the business of
   10  gunsmith or dealer in firearms unless licensed pursuant to this section.
   11  An applicant to engage in such business shall also be a citizen  of  the
   12  United States, more than twenty-one years of age and maintain a place of
   13  business  in  the  city  or county where the license is issued. For such
   14  business, if the applicant is a firm or partnership, each member thereof
   15  shall comply with all of the requirements set forth in this  subdivision
   16  and  if  the  applicant  is a corporation, each officer thereof shall so
   17  comply.
   18    S 3. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a  law  and  shall  apply  to
   20  licenses  issued  or  renewed  on  or after such date; provided that the
   21  amendments to subdivision 1 of section 400.00 of the penal law  made  by
   22  section  two  of  this act shall take effect on the same date and in the
   23  same manner as section 48 of chapter  1  of  the  laws  of  2013,  takes
   24  effect.
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