S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3331
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. BARCLAY
         -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to licenses to carry firearms
         by non-resident individuals
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (a)  of subdivision 3 of section 400.00 of the
    2  penal law, as designated by chapter 778 of the laws of 1985, is  amended
    3  to read as follows:
    4    (a)  (I)  Applications  shall  be  made  and renewed, in the case of a
    5  license to carry or possess a pistol or revolver, to the licensing offi-
    6  cer in the city or county, as the  case  may  be,  where  the  applicant
    7  resides,  is  principally  employed or has his OR HER principal place of
    8  business as merchant or storekeeper; and, in the case of  a  license  as
    9  gunsmith  or  dealer  in  firearms,  to the licensing officer where such
   10  place of business is located.  IF THE APPLICANT DOES NOT RESIDE IN  THIS
   11  STATE,  THEN  HIS  OR  HER  APPLICATION SHALL BE MADE AND RENEWED TO THE
   12  LICENSING OFFICER IN THE COUNTY OF  ALBANY.  Blank  applications  shall,
   13  except  in  the  city  of New York, be approved as to form by the super-
   14  intendent of state police. An application shall  state  the  full  name,
   15  date  of birth, STATE OF residence, present occupation of each person or
   16  individual signing the same, whether or not he OR SHE is  a  citizen  of
   17  the  United States, whether or not he OR SHE complies with each require-
   18  ment for eligibility specified in subdivision one of  this  section  and
   19  such  other  facts as may be required to show the good character, compe-
   20  tency and integrity of each person or individual  signing  the  applica-
   21  tion. An application shall be signed and verified by the applicant. Each
   22  individual signing an application shall submit one photograph of himself
   23  OR  HERSELF  and  a duplicate for each required copy of the application.
   24  Such photographs shall have been  taken  within  thirty  days  prior  to
   25  filing  the  application.  In case of a license as gunsmith or dealer in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06328-01-3
       A. 3331                             2
    1  firearms, the photographs submitted shall be two inches square, and  the
    2  application  shall also state the previous occupation of each individual
    3  signing the same and the location of the place of such business,  or  of
    4  the  bureau,  agency,  subagency,  office or branch office for which the
    5  license is sought, specifying the name of the  city,  town  or  village,
    6  indicating   the  street  and  number  and  otherwise  giving  such  apt
    7  description as to point out reasonably the  location  thereof.  In  such
    8  case,  if the applicant is a firm, partnership or corporation, its name,
    9  date and place of formation, and principal place of  business  shall  be
   10  stated.  For  such  firm or partnership, the application shall be signed
   11  and verified by each individual composing or intending  to  compose  the
   12  same, and for such corporation, by each officer thereof.
   13    (II)  WHENEVER  A  NON-RESIDENT  INDIVIDUAL MAKES AN APPLICATION FOR A
   14  PERMIT IN THIS STATE, HE OR SHE MUST PROVIDE PROOF  OF  A  VALID  PERMIT
   15  FROM  THE  STATE OF HIS OR HER RESIDENCE. A NON-RESIDENT APPLICANT SHALL
   16  BE SUBJECT TO THE SAME BACKGROUND CHECKS AS A  RESIDENT  APPLICANT  EVEN
   17  THOUGH  SUCH  NON-RESIDENT  APPLICANT  MAY HAVE PREVIOUSLY HAD A SIMILAR
   18  BACKGROUND CHECK PERFORMED BY HIS OR HER RESIDENT STATE.
   19    S 2. This act shall take effect on the one hundred eightieth day after
   20  it shall have become a law. Effective immediately, any affected  depart-
   21  ment,  office,  agency,  or  other governmental entity may implement any
   22  rule or regulation necessary for the timely implementation of  this  act
   23  on its effective date.