Relates to pistol permit applications for military personnel; requires the licensing officer to act on an application for any member of the active or reserve component of the armed forces within 90 days of presentment.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3292
SPONSOR: Blankenbush TITLE OF BILL:
An act to amend the penal law, in relation to pistol permit applications
for military personnel
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 400.00 of the Penal Law to require pistol
permit licensing officers to act upon the applications of any member of
an active or reserve component of-the Armed Forces of the United States
within 90 days.
Section 2 amends section 400.00 of the Penal Law chapter 371 of the laws
of 2022 that if an application for a license is denied, not renewed, not
recertified, or revoked, the licensing officer shall issue a written
notice to the applicant setting forth the reasons for such denial. An
applicant may, within ninety days of receipt of such notice, request a
hearing to appeal the denial to the appeals board created by the divi-
sion of criminal justice services and the superintendent of state
police.
Section 3 amends section 400.15 of the Penal Law to allow any member of
an active or reserve component of the armed forces of the United States
who is duly licensed to carry a pistol or firearm by another jurisdic-
tion within the United States to be allowed to carry such pistol or
firearm within New York state for a period of time not to exceed 90
days, and for the period of time an application is pending.
Section 4 contains the effective date.
JUSTIFICATION:
This bill is necessary to protect the 2nd Amendment Rights of military
personnel who are relocated to New York by requiring the State to recog-
nize pistol or firearm licenses from other states for the first 90 days
and during the New York pistol permit application process. This bill
will ensure that no military personnel are found in violation of New
York State pistol permit licensing laws.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after if shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
3292
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. BLANKENBUSH, ANGELINO, BRABENEC, DeSTEFANO,
DiPIETRO, HAWLEY, McDONOUGH, MILLER, SMULLEN, TAGUE -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to pistol permit applications
for military personnel
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4-a of section 400.00 of the penal law, as
2 amended by chapter 371 of the laws of 2022, is amended to read as
3 follows:
4 4-a. Appeals from denial of an application, renewal, recertification
5 or license revocation. If an application for a license is denied, not
6 renewed, not recertified, or revoked, the licensing officer shall issue
7 a written notice to the applicant setting forth the reasons for such
8 denial. An applicant may, within ninety days of receipt of such notice,
9 request a hearing to appeal the denial to the appeals board created by
10 the division of criminal justice services and the superintendent of
11 state police. An individual may be represented by counsel at any appear-
12 ance before the appeals board and shall be afforded an opportunity to
13 present additional evidence in support of their application. The commis-
14 sioner of criminal justice services and the superintendent of state
15 police shall promulgate rules and regulations governing such appeals
16 process. However, an application for a license pursuant to this section
17 for any member of an active or reserve component of the armed forces of
18 the United States shall be acted upon by the licensing officer within
19 ninety days of the date of presentment of such an application to the
20 appropriate authority.
21 § 2. The penal law is amended by adding a new section 400.15 to read
22 as follows:
23 § 400.15 Reciprocity for qualified military personnel.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06748-01-5
A. 3292 2
1 1. Notwithstanding any other provision of law to the contrary, any
2 member of an active or reserve component of the armed forces of the
3 United States who is duly licensed to carry a pistol or firearm by
4 another jurisdiction within the United States shall be allowed to carry
5 such pistol or firearm within New York state for a period of time not to
6 exceed ninety days, and for the period of time an application is pending
7 under section 400.00 of this article.
8 2. Persons carrying a firearm under the provisions of this section
9 shall be required to: (a) carry the out-of-state permit together with
10 valid identification whenever the person is carrying the pistol or
11 firearm and (b) disclose to any law enforcement officer that the person
12 holds a valid permit and is carrying a pistol or firearm when approached
13 or addressed by the officer, and shall display both the permit and the
14 proper identification upon the request of a law enforcement officer.
15 § 3. This act shall take effect on the sixtieth day after it shall
16 have become a law.
