STATE OF NEW YORK
________________________________________________________________________
2517
2019-2020 Regular Sessions
IN ASSEMBLY
January 23, 2019
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the state finance law, in relation to
an examination for firearm proficiency
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 14-a to read as follows:
3 14-a. (a) No person shall have or possess a firearm as defined in
4 subdivision three of section 265.00 of this chapter unless he or she
5 shall have successfully completed an examination and met the appropriate
6 standards as established by the commissioner of the division of criminal
7 justice services hereinafter referred to as the commissioner in the
8 executive department pursuant to paragraph (b) of this subdivision.
9 (b) The commissioner shall, in cooperation with the superintendent of
10 the division of the state police, establish minimum standards for
11 firearm proficiency and develop an examination to measure firearm profi-
12 ciency.
13 (c) The commissioner shall in cooperation with the superintendent of
14 the division of state police provide the standards and examinations on
15 request to any qualified firearm instructor and all law enforcement
16 agencies within the state. The proficiency examination may be conducted
17 by any qualified firearm instructor approved by the commissioner or law
18 enforcement agency and shall include but not be limited to:
19 (i) a written section on the laws relating to firearms;
20 (ii) a physical demonstration of proficiency in the use of firearms
21 and in firearms safety procedures;
22 (iii) a level of knowledge concerning a licensee's duties, responsi-
23 bilities and liabilities pursuant to this chapter and civil statutes of
24 the state of New York and of the United States; and
25 (iv) a level of proficiency in firearm safety.
26 In establishing such standards, the commissioner shall establish
27 firearm proficiency standards consistent with the average firearm owner
28 of the state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00973-01-9
A. 2517 2
1 (d) The commissioner shall develop and distribute directions for test
2 administration and record keeping. All test results shall be forwarded
3 to the commissioner who shall maintain a record of such results.
4 (e) The commissioner shall develop a firearm proficiency certificate
5 which shall be distributed to all qualified firearm instructors and law
6 enforcement agencies.
7 (f) Upon successful completion of such firearm proficiency examination
8 the instructor shall endorse the firearm proficiency certificate
9 reflecting successful passage of the examination.
10 (g) The provisions of this subdivision shall not apply to a person:
11 (i) in the discharge of his or her actual duties as a member of the
12 armed forces, the national guard or corrections officer employed in a
13 correctional facility; or
14 (ii) who is a duly authorized member of a law enforcement agency of
15 the state of New York or of the United States; or
16 (iii) who is a police officer as defined in section 1.20 of the crimi-
17 nal procedure law or a retired police officer.
18 (h) Notwithstanding the foregoing provisions of this subdivision or
19 any other law, rule or regulation to the contrary, no license to have
20 and possess a firearm shall be issued or renewed pursuant to this
21 section or any other applicable provision of law relating thereto,
22 unless the licensee or applicant shall submit to the issuing officer a
23 firearm proficiency certificate approved by the commissioner and
24 endorsed by the firearm instructor.
25 (i) The commissioner shall adopt a schedule of fees necessary to
26 administer the provisions of this subdivision which shall be collected
27 by the instructors and law enforcement agencies conducting such examina-
28 tions which shall be transmitted to the division of criminal justice
29 services within thirty days of the receipt of such fees for deposit in
30 the firearm proficiency examination fund established pursuant to section
31 ninety-two-o of the state finance law.
32 § 2. The state finance law is amended by adding a new section 92-o to
33 read as follows:
34 § 92-o. Firearm proficiency examination fund. 1. There is hereby
35 established in the joint custody of the state comptroller and the
36 commissioner of taxation and finance a fund to be known as the firearm
37 proficiency examination fund.
38 2. Such fund shall consist of all revenues received from fees received
39 pursuant to subdivision fourteen-a of section 400.00 of the penal law
40 for firearm proficiency examinations, and all other moneys credited or
41 transferred thereto from any other fund or source pursuant to law.
42 3. Moneys of the fund shall be expended for the expenses of carrying
43 out the firearm proficiency examinations pursuant to subdivision four-
44 teen-a of section 400.00 of the penal law.
45 4. Money shall be paid out of the fund on the audit and warrant of the
46 state comptroller on vouchers certified or approved by the commissioner
47 of the division of criminal justice services or his or her designee in
48 the manner prescribed by law.
49 § 3. This act shall take effect on the first of November next succeed-
50 ing the date on which it shall have become a law. Effective immediate-
51 ly, the addition, amendment and/or repeal of any rule or regulation
52 necessary for the implementation of the foregoing sections of this act
53 on their effective date are authorized to be made, by the commissioner
54 of the division of criminal justice services, on or before such effec-
55 tive date.