PL 265.20 allows exemptions to the ban on possession
of a handgun by anyone in NY State. Pistol licenses are issued under one
of the exemptions: 3. Possession of a pistol or revolver by a person
to whom a license
therefor has been issued as provided under section 400.00
PL 265.20 also contains section 7-b that
allows a licensing officer is issue an exemption that allows someone who had
filed
an application for a pistol license to posses and use a handgun at a range under
instructions under certain conditions. This exemption is separate from the Pistol
License Application and requires additional paperwork that is supplied by you
by your instructor who must meet with you first.
ACTION |
DAYS |
JUDGE TO REQUEST BACKGROUND CHECK | 10 DAYS |
POLICE AUTHORITY TO INVESTIGATE AND REPORT | “WITHOUT UNNECESSARY DELAY” |
JUDGE TO ISSUE RULING AND NOTIFY POLICE AUTHORITIES AND APPLICANT. | 10 DAYS |
S 265.20 Exemptions. a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10,
265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to:
7-b. Possession and use, at an indoor or outdoor pistol range located in or on
premises owned or occupied by a duly incorporated organization organized for
conservation purposes or to foster proficiency in small arms or at a target pistol
shooting competition under the auspices of or approved by the national rifle
association for the purpose of loading and firing the same, by a person who has
applied for a license to possess a pistol or revolver and pre-license possession
of same pursuant to section 400.00 or 400.01 of this chapter, who has not been
previously denied a license, been previously convicted of a felony or serious
offense, and who does not appear to be, or pose a threat to be, a danger to himself
or to others, and who has been approved for possession and use herein in accordance
with section 400.00 or 400.01 of this chapter; provided however, that such possession
shall be of a pistol or revolver duly licensed to and shall be used under the
supervision, guidance and instruction of, a person specified in paragraph seven
of this subdivision and provided further that such possession and use be within
the jurisdiction of the licensing officer with whom the person has made application
therefor or within the jurisdiction of the superintendent of state police in
the case of a retired sworn member of the division of state police who has made
an application pursuant to section 400.01 of this chapter.
S 400.00 Licenses to carry, possess, repair and dispose of firearms.
(b) Application for an exemption under paragraph seven-b of subdivision
a of section 265.20 of this chapter. Each applicant desiring to
obtain the exemption
set forth in paragraph seven-b of subdivision a of section 265.20 of
this chapter shall make such request in writing of the licensing
officer with whom his application
for a license is filed, at the time of filing such application. Such
request shall include a signed and verified statement by the person
authorized to instruct
and supervise the applicant, that has met with the applicant and that
he has determined that, in his judgment, said applicant does not
appear to be or poses
a threat to be, a danger to himself or to others. He shall include
a copy of his certificate as an instructor in small arms, if he
is required to be certified,
and state his address and telephone number. He shall specify the exact
location by name, address and telephone number where such instruction
will take place.
Such licensing officer shall, no later than ten business days after
such filing, request the duly constituted police authorities of
the locality where such application
is made to investigate and ascertain any previous criminal record of
the applicant pursuant to subdivision four of this section. Upon
completion of this investigation,
the police authority shall report the results to the licensing officer
without unnecessary delay. The licensing officer shall no later
than ten business days
after the receipt of such investigation, determine if the applicant
has been previously denied a license, been convicted of a felony,
or been convicted of
a serious offense, and either approve or disapprove the applicant for
exemption purposes based upon such determinations. If the applicant
is approved for the
exemption, the licensing officer shall notify the appropriate duly
constituted police authorities and the applicant. Such exemption
shall terminate if the application
for the license is denied, or at any earlier time based upon any information
obtained by the licensing officer or the appropriate police authorities
which would cause the license to be denied. The applicant and
appropriate police authorities
shall be notified of any such terminations.