Berek
Member
What some assemblypeople won't try...
http://assembly.state.ny.us/leg/?bn=A00514
Now, granted, this bill has been resurfacing since like 1991, but it won't die... it's like your stinky Uncle Bob that gropes you and never leaves...
Berek
http://assembly.state.ny.us/leg/?bn=A00514
BILL NUMBER: A514
TITLE OF BILL : An act to amend the penal law, in relation to
license to carry and possess firearms
PURPOSE OR GENERAL IDEA OF BILL : The purpose of this legislation is
to establish a rational set of requirements for individuals to obtain
a license to carry and possess a pistol or revolver.
SUMMARY OF SPECIFIC PROVISIONS : This legislation restructures the
eligibility requirements for an individual to carry and possess
firearms. Section 1 of the bill amends section 400.00 of the penal
law by adding a new subdivision 1-a which establishes certain
qualifications to the requirements set forth in subdivision one of
this section. These qualifications are:
-- A minimum age requirement of 18 years of age to apply for a license
to carry and possess firearms.
-- Completion of a 15 hour course in the safe and accurate use of a
pistol or revolver, the proper maintenance of a pistol and revolver,
the laws regarding the possession and use of a pistol or revolver and
the administration of first aid to persons injured by a pistol or
revolver.
-- The satisfactory proof to the licensing officer and the signatory
district attorney or attorneys that there is an extraordinary
likelihood that such person may have to use a pistol or revolver to
protect himself or others from imminent danger of death. Section 2 of
the bill amends section 400.00 of the penal law by adding a new
subdivision 5-a which states that no license for a pistol or revolver
shall be granted unless approved by a district attorney. (are they kidding???)
JUSTIFICATION : At present there is no state minimum age requirement
for handgun license applicants. Several counties throughout the state
have adopted individual age requirements ranging from 18 years to 21
years of age. This legislation provides a uniform age standard
throughout the state.
The course requirements parallel other state licensing procedures.
When a person applies for a driver`s license, it is expected that the
applicant understand the rules and regulations pertaining to the road,
and still have practical experience in the operation of a motor
vehicle. Similarly, a person wishing to possess a pistol or revolver
should have a working knowledge of the firearm, and mandating a
state-wide fifteen hour course for pistol or revolver license
applicants would serve the purpose of acquainting the applicant with
the state`s rules and regulations, and use of a pistol or revolver.
Mandating the written approval of the county district attorney, in
addition to the approval of the licensing officer, offers the general
public input in the licensing process through an elected official.
The "good cause" provision, in present statute, protects the applicant
rather than the general public. As the law reads, the licensing
officer must show "good cause" for the denial of a license, the burden
of proof being placed on the state. A license is a privilege offered
by the state and it follows that the onus be placed on the applicant,
to prove to the satisfaction of both the licensing officer and the
county district attorney that such privilege is warranted.
Now, granted, this bill has been resurfacing since like 1991, but it won't die... it's like your stinky Uncle Bob that gropes you and never leaves...
Berek
