STATE OF NEW YORK
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205
2019-2020 Regular Sessions
IN SENATE
(Prefiled)
January 9, 2019
___________
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02691-01-9
S. 205 2
1 for use by the applicant under paragraph (c) of this subdivision past
2 the date listed on it.
3 (c) While a person allowed under this subdivision to carry or possess
4 a firearm is carrying or possessing such firearm, they shall carry the
5 order of protection and an unexpired certified copy of the application
6 which allows for them to carry or possess the firearm as well as state
7 issued photo identification. Failure to do so is a violation punishable
8 by a fine up to twenty-five dollars.
9 § 2. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.