These are some of the bills in the NY legislature this year calling for mandatory safety classes and I am sure that none of the people who wrote the bills know I have a lawsuit. These bills and similar bills like them have been in the NY legislature for decades so me winning or losing my lawsuit will not have any impact in their quest to add some type of safety class requirement. The safety class requirement is common in many states that issue CCW licenses and even if I win my lawsuit, Judges will still be able to require a safety class AFTER a license has been issued. The only thing my lawsuit will do if I win is what the NRA supports; no one should be required to take a class BEFORE they are issued a pistol permit. Also the local Sheriff’s Department or County Pistol License Office can’t have additional requirements on who can be an instructor past what the law states or what class they have to teach or what instructors can be on a public list.
The only thing that prevents these and many other bills being passed is if the Republicans lose control of the NY Senate or they decide that they have to “compromise” like they did with the unSAFE Act. When the Republicans lose control of the NY Senate, and that is a matter of when not if it will happen, NY will have 50 cal gun bans, waits, mandatory insurance, micro-stamping, required storage with possible spot inspections by the police, licensed long guns, much higher fees, additional gun and ammo taxes, limits on the number of guns you own, additional requirements for people that own too much ammo or reload or have an “arsenal,” one gun a month or three month laws and that is just for individuals. Gun stores can expect videotaping of all gun and ammo sales, additional storage requirements and alarm requirements, additional training and background checks, limits on where a gun store can be located; among other requirements. (Did you know your gun store is located less than 1,000’ from a park or playground, school, day care center or church?)
A00198 Creates a firearm proficiency requirement examination for the licensing of persons to carry or possess a firearm
19 (i) a written section on the laws relating to firearms;
20 (ii) a physical demonstration of proficiency in the use of firearms
21 and in firearms safety procedures;
22 (iii) a level of knowledge concerning a licensee’s duties, responsi-
23 bilities and liabilities pursuant to this chapter and civil statutes of
24 the state of New York and of the United States;
1 (iv) a level of proficiency in firearm safety.
A00283Relates to a firearms safety course certificate for license applications made outside of the city of New York
15 (l) [in the county of Westchester] outside of the city of New York, 16 who has successfully completed a firearms safety course and test as 17 evidenced by a certificate of completion issued in his or her name and 18 endorsed and affirmed under the penalties of perjury by a duly author- 19 ized instructor,
NOTE: NY PL 265 Definition 19 currently defines who is a “duly authorized instructor” and it does not include the local Sheriff’s Department but does include the NRA and DEC instructors.
19. “Duly authorized instructor” means (a) a duly commissioned officer of the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York; or (b) a duly qualified adult citizen of the United States who has been granted a certificate as an instructor in small arms practice issued by the United States army, navy or marine corps, or by the adjutant general of this state, or by the national rifle association of America, a not-for-profit corporation duly organized under the laws of this state; or (c) by a person duly qualified and designated by the department of environmental conservation under paragraph d of subdivision six of section 11-0713 of the environmental conservation law as its agent in the giving of instruction and the making of certifications of qualification in responsible hunting practices.
- A05785Requires persons possessing any firearm to hold a firearms safety certificate (NOTE: The certificate is only good for two years so you would have to take the class every two years.)
21 (9) He or she possesses a firearm, not being the holder of a valid 22 firearms safety certificate issued pursuant to section 400.15 of this 23 chapter. 24 § 2. The penal law is amended by adding a new section 400.15 to read 25 as follows: 1 § 400.15 Firearms safety certificate. 2 1. For the purposes of this section: 3 (a) “Commissioner” means the commissioner of the police department of 4 a city having a population of one million or more. 5 (b) “Sheriff” means the sheriff of the county in which an applicant 6 resides, except in a city having a population of one million or more. 7 2. No person shall possess a firearm unless such person holds a 8 firearms safety certificate issued pursuant to this section. 9 3. Every person applying for a firearms safety certificate shall 10 submit an application to the sheriff or the commissioner if such person 11 resides in a city with a population of one million or more. Such appli- 12 cation shall be in such form and content as shall be established by the 13 sheriff or the commissioner, and shall include: 14 (a) the applicant’s name, address, residence telephone number, gender, 15 race, height, weight, date of birth, citizenship, thumbprint and driv- 16 er’s license or non-driver identification card number; 17 (b) the applicant’s signature; and 18 (c) an oath that all information in the application is true, subject 19 to the penalties of perjury. 20 4. The course of instruction for the issuance of a firearms safety 21 certificate shall include the successful completion by the applicant of: 22 (a) not less than five hours of classroom instruction on: 23 (i) the safe use and handling of firearms; 24 (ii) the methods for safely storing and securing firearms, and keeping 25 children safe when such weapons are present; and 26 (iii) the applicable federal, state and local laws relating to the 27 purchase, sale, possession, transportation and storage of firearms; 28 (b) not less than two hours of live firing instruction at a shooting 29 range using the type of firearm the applicant anticipates purchasing, 30 possessing or acquiring; and 31 (c) a safe-handling of a firearm demonstration as attested to by a 32 duly authorized instructor. 33 5. Every firearms safety course, for the completion of which an appli- 34 cant is granted a firearms safety certificate, shall be approved by the 35 sheriff or the commissioner and shall be conducted by a duly authorized 36 instructor. The sheriff or the commissioner may, for the purposes of 37 firearms safety courses required by this section, provide for the 38 approval of firearm safety courses required or provided for pursuant to 39 any federal or state law. 40 6. Upon the successful completion of a firearms safety course by an 41 applicant, the duly authorized instructor of such course shall provide 42 the applicant with a signed affidavit attesting to the applicant’s 43 successful completion of the course. Such affidavit shall include the 44 name, address and telephone number of the duly authorized instructor; 45 the name of the applicant; and the dates and places that the course was 46 conducted. 47 7. Upon receipt of the affidavit required by subdivision six of this 48 section, the applicant shall submit a copy of such affidavit to the 49 sheriff or the commissioner and he or she shall administer a written 50 examination, established by him or her, demonstrating knowledge of 51 firearms safety and laws applicable to firearms. 52 (a) A firearms safety certificate shall be issued to an applicant who 53 scores seventy-five percent or higher on such examination. 54 (b) If an applicant fails such written examination, he or she may 55 retake such examination at least twenty-four hours after a prior 56 attempt. The same version of such written examination shall not be given A. 5785 3 1 to an applicant upon any two consecutive takings thereof. No applicant 2 shall be offered the written examination more than three times. After 3 the third failure by an applicant, he or she shall be required to again 4 successfully complete the requirements of subdivisions four and six of 5 this section. 6 (c) Applicants may be charged a fee to cover the costs of administer- 7 ing the written examination. 8 8. Upon successful completion of the requirements of subdivision seven 9 of this section by an applicant, the sheriff or the commissioner shall 10 issue such applicant a firearms safety certificate. Firearms safety 11 certificates shall not be transferable. The holder thereof shall store 12 such certificate in the place where his or her firearms are stored, 13 except that such certificate shall be carried on the person of the hold- 14 er if a firearm is possessed outside of the holder’s residence or place 15 of business. Upon request of a police officer, a firearms safety certif- 16 icate shall be displayed by the holder to such officer. 17 9. Every firearms safety certificate issued pursuant to this section 18 shall be valid for a period of two years, and may be renewed upon 19 completion of the requirements of this section. 20 10. No person shall sell or transfer possession of a firearm to any 21 person who does not hold a firearms safety certificate. 22 11. A firearms safety certificate shall be revoked: 23 (a) for the violation of any provision of law relating to firearms; 24 (b) for fraud, misrepresentation or bribery in the application for and 25 issuance of the firearms safety certificate; 26 (c) if the holder is disqualified from possessing a firearm; or 27 (d) the occurrence of any circumstance which would have disqualified 28 the holder from being issued a firearms safety certificate. 29 12. This section shall not apply to: 30 (a) police officers as defined in subdivision thirty-four of section 31 1.20 of the criminal procedure law, or retired police officer, who upon 32 separation from a law enforcement agency was immediately entitled to 33 receive retirement benefits pursuant to the retirement and social secu- 34 rity law or the administrative code of the city of New York; 35 (b) peace officers as defined in section 2.10 of the criminal proce- 36 dure law; 37 (c) licensed manufacturers, transporters and sellers of firearms who 38 possess such weapons for purposes of wholesale or retail sales, while 39 engaged in the scope of their licensed activities; 40 (d) nonresidents of the state participating in any lawful recreational 41 firearms related activity, and while in the course of traveling to and 42 from such recreation activity; or 43 (e) any person who temporarily possesses a firearm in the residence or 44 place of business of the holder of a firearms safety certificate, and 45 such possession occurs in the course of using deadly physical force 46 authorized by article thirty-five of this chapter.
- A05788Establishes a safety course requirement for firearm license
(l) [in the county of 13 Westchester,] who has successfully completed a firearms safety course 14 and test as evidenced by a certificate of completion issued in his or 15 her name and endorsed and affirmed under the penalties of perjury by a 16 duly authorized instructor, approved by the superintendent of state 17 police except that: