STATE OF NEW YORK
________________________________________________________________________
4470
2023-2024 Regular Sessions
IN SENATE
February 9, 2023
___________
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 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-b of section 400.00 of the penal law, as
2 added by chapter 371 of the laws of 2022, is amended to read as follows:
3 4-b. 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.
LBD09204-01-3
S. 4470 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; provided, however, that section one of this act shall
19 take effect on the same date and in the same manner as chapter 371 of
20 the laws of 2022, takes effect.