STATE OF NEW YORK
________________________________________________________________________
7045
IN SENATE
(Prefiled)
January 3, 2018
___________
Introduced by Sen. ORTT -- 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 allowing victims of domes-
tic violence to carry or possess firearms without a license
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 400.00 of the penal law is amended by adding a new
2 subdivision 18 to read as follows:
3 18. Carrying or possessing a firearm with a valid order of protection.
4 (a) The provisions of this section and article two hundred sixty-five of
5 this chapter relating to the illegal carrying or possession of a firearm
6 shall not apply to a person:
7 (i) over the age of twenty-one years old;
8 (ii) protected by an order of protection issued due to such person
9 being a victim of a family offense, as described in subdivision one of
10 section 530.11 of the criminal procedure law;
11 (iii) who has an application pending for a license to carry or possess
12 the firearm they are carrying or possessing;
13 (iv) is carrying or possessing the firearm in a manner that would be
14 legal if the license that is being applied for had been issued; and
15 (v) has a good faith belief that they will be granted such license.
16 (b) Upon a person applying for a license to carry or possess a
17 firearm, such person may request a certified copy of the application
18 upon its submission. The certified copy shall contain a date which is
19 forty-five days from the date of the application. The applicant can
20 return to where the application was submitted and request a new certi-
21 fied copy of the application with a date forty-five days from the date
22 of such request at any time before the license is issued or the applica-
23 tion is denied. The certified copy of the application will not be valid
24 for use by the applicant under paragraph (c) of this subdivision past
25 the date listed on it.
26 (c) While a person allowed under this subdivision to carry or possess
27 a firearm is carrying or possessing such firearm, they shall carry the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13339-01-7
S. 7045 2
1 order of protection and an unexpired certified copy of the application
2 which allows for them to carry or possess the firearm as well as state
3 issued photo identification. Failure to do so is a violation punishable
4 by a fine up to twenty-five dollars.
5 § 2. This act shall take effect on the first of November next succeed-
6 ing the date on which it shall have become a law.