STATE OF NEW YORK
        ________________________________________________________________________

                                          1223

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        Introduced  by  Sen. RITCHIE -- 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  reciprocity  for  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  added by chapter 233 of the laws of 1980, is amended to read as follows:
     3    4-a.  Processing  of  license  applications. Applications for licenses
     4  shall be accepted for processing by the licensing officer at the time of
     5  presentment. Except upon written notice to  the  applicant  specifically
     6  stating  the  reasons  for any delay, in each case the licensing officer
     7  shall act upon any application for a license pursuant  to  this  section
     8  within  six  months of the date of presentment of such an application to
     9  the appropriate authority. Such delay may only be  for  good  cause  and
    10  with  respect  to  the  applicant.  In  acting  upon an application, the
    11  licensing officer shall either deny the application for reasons  specif-
    12  ically  and  concisely  stated  in  writing or grant the application and
    13  issue the license applied for. An application for a license pursuant  to
    14  this  section  for  any  active member of the armed forces of the United
    15  States shall be acted upon by the licensing officer within sixty days of
    16  the date of submission of such an application to the appropriate author-
    17  ity provided such active member of the armed forces is duly licensed  to
    18  carry  a  pistol  or  firearm  by another jurisdiction within the United
    19  States. Nothing shall proscribe the issuing of  a  license  pursuant  to
    20  this  section  so  long  as the applicant who is an active member of the
    21  armed forces, submits the  appropriate  documentation  accompanying  the
    22  application and submits proof of a previously obtained license issued by
    23  another state.
    24    §  2.  The penal law is amended by adding a new section 400.15 to read
    25  as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05429-01-1

        S. 1223                             2

     1  § 400.15 Reciprocity for qualified military personnel.
     2    1.  Notwithstanding  any  other  provision of law to the contrary, any
     3  active member of the armed forces of  the  United  States  who  is  duly
     4  licensed to carry a pistol or firearm by another jurisdiction within the
     5  United  States  shall  be allowed to carry such pistol or firearm within
     6  New York state for a period of time not to exceed ninety days,  and  for
     7  the  period  of  time  an application is pending under section 400.00 of
     8  this article.
     9    2. Persons carrying a firearm under the  provisions  of  this  section
    10  shall  be  required  to: (a) carry the out-of-state permit together with
    11  valid military identification whenever the person is carrying the pistol
    12  or firearm and (b) disclose to any  law  enforcement  officer  that  the
    13  person  holds  a  valid  permit and is carrying a pistol or firearm when
    14  approached or addressed by the  officer,  and  shall  display  both  the
    15  permit  and the proper military identification upon the request of a law
    16  enforcement officer.
    17    § 3. This act shall take effect on the thirtieth day  after  it  shall
    18  have become a law.