S T A T E O F N E W Y O R K
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5549
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
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Introduced by Sen. BALL -- 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 exempting qualified
retired law enforcement officers and security guards from certain
limitations related to the possession of firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 265.00 of the penal law is amended by adding two
2 new subdivisions 25 and 26 to read as follows:
3 25. "QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER"
4 MEANS AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER AS POLICE OFFICER IS
5 DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
6 PROCEDURE LAW, A RETIRED PEACE OFFICER AS PEACE OFFICER IS DEFINED IN
7 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW OR A RETIRED FEDERAL LAW
8 ENFORCEMENT OFFICER AS FEDERAL LAW ENFORCEMENT OFFICER IS DEFINED IN
9 SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW, WHO: (A) SEPARATED FROM
10 SERVICE IN GOOD STANDING FROM A PUBLIC AGENCY LOCATED IN THIS STATE IN
11 WHICH SUCH PERSON SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR
12 FEDERAL LAW ENFORCEMENT OFFICER; AND (B) BEFORE SUCH SEPARATION, WAS
13 AUTHORIZED BY LAW TO ENGAGE IN OR SUPERVISE THE PREVENTION, DETECTION,
14 INVESTIGATION, OR PROSECUTION OF, OR THE INCARCERATION OF ANY PERSON
15 FOR, ANY VIOLATION OF LAW, AND HAD STATUTORY POWERS OF ARREST, PURSUANT
16 TO THEIR OFFICIAL DUTIES, UNDER THE CRIMINAL PROCEDURE LAW; AND (C) (I)
17 BEFORE SUCH SEPARATION, SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER
18 OR FEDERAL LAW ENFORCEMENT OFFICER FOR FIVE YEARS OR MORE AND AT THE
19 TIME OF SEPARATION, WAS SUCH AN OFFICER; OR (II) SEPARATED FROM SERVICE
20 WITH SUCH AGENCY, AFTER COMPLETING ANY APPLICABLE PROBATIONARY PERIOD OF
21 SUCH SERVICE, DUE TO A SERVICE-CONNECTED DISABILITY, AS DETERMINED BY
22 SUCH AGENCY AT OR BEFORE THE TIME OF SEPARATION; AND (D)(I) HAS NOT BEEN
23 FOUND BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY SUCH AGENCY TO BE
24 UNQUALIFIED FOR REASONS RELATING TO MENTAL HEALTH; OR (II) HAS NOT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10050-05-3
S. 5549 2
1 ENTERED INTO AN AGREEMENT WITH SUCH AGENCY FROM WHICH THE INDIVIDUAL IS
2 SEPARATING FROM SERVICE IN WHICH THAT INDIVIDUAL ACKNOWLEDGES HE OR SHE
3 IS NOT QUALIFIED FOR REASONS RELATING TO MENTAL HEALTH; AND (E) IS NOT
4 OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW FROM POSSESSING ANY
5 FIREARM.
6 26. "SECURITY GUARD" MEANS ANY SECURITY GUARD WHO HOLDS AND HAS BEEN
7 ISSUED A SPECIAL ARMED GUARD REGISTRATION CARD PURSUANT TO ARTICLE
8 SEVEN-A OF THE GENERAL BUSINESS LAW.
9 S 2. Section 265.20 of the penal law is amended by adding a new subdi-
10 vision e to read as follows:
11 E. SUBDIVISION EIGHT OF SECTION 265.02 AND SECTIONS 265.36 AND 265.37
12 OF THIS CHAPTER SHALL NOT APPLY TO A QUALIFIED RETIRED NEW YORK OR
13 FEDERAL LAW ENFORCEMENT OFFICER, OR TO A SECURITY GUARD, WITH RESPECT TO
14 LARGE CAPACITY AMMUNITION FEEDING DEVICES ISSUED TO SUCH OFFICER OR
15 GUARD OR PURCHASED BY SUCH OFFICER OR GUARD IN THE COURSE OF HIS OR HER
16 OFFICIAL DUTIES AND OWNED BY SUCH OFFICER AT THE TIME OF HIS OR HER
17 RETIREMENT OR COMPARABLE REPLACEMENTS FOR SUCH DEVICES, IF: (I) THE
18 AGENCY THAT EMPLOYED THE OFFICER QUALIFIED SUCH OFFICER, OR THE SECURITY
19 GUARD COMPANY THAT EMPLOYS THE SECURITY GUARD QUALIFIED SUCH GUARD, IN
20 THE USE OF THE WEAPON WHICH ACCEPTS SUCH DEVICE IN ACCORDANCE WITH
21 APPLICABLE STATE OR FEDERAL STANDARDS FOR ACTIVE DUTY LAW ENFORCEMENT
22 OFFICERS WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT OR, WITH
23 REGARD TO SECURITY GUARDS, IN ACCORDANCE WITH THE STANDARDS OF THE DIVI-
24 SION OF CRIMINAL JUSTICE SERVICES; AND (II) WITH REGARD TO QUALIFIED
25 RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICERS, SUCH RETIRED OFFI-
26 CER MEETS, AT HIS OR HER OWN EXPENSE, SUCH APPLICABLE STANDARDS FOR SUCH
27 WEAPON AT LEAST ONCE WITHIN THREE YEARS AFTER HIS OR HER RETIREMENT DATE
28 AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER, PROVIDED, HOWEVER, THAT
29 ANY SUCH QUALIFIED OFFICER WHO HAS BEEN RETIRED FOR EIGHTEEN MONTHS OR
30 MORE ON THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL HAVE EIGHTEEN
31 MONTHS FROM SUCH EFFECTIVE DATE TO QUALIFY IN THE USE OF THE WEAPON
32 WHICH ACCEPTS SUCH LARGE CAPACITY AMMUNITION FEEDING DEVICE ACCORDING TO
33 THE PROVISIONS OF THIS SUBDIVISION, NOTWITHSTANDING THAT SUCH OFFICER
34 DID NOT QUALIFY WITHIN THREE YEARS AFTER HIS OR HER RETIREMENT DATE,
35 PROVIDED THAT SUCH OFFICER IS OTHERWISE QUALIFIED AND MAINTAINS COMPLI-
36 ANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
37 S 3. Subdivision 16-a of section 400.00 of the penal law is amended by
38 adding a new paragraph (a-1) to read as follows:
39 (A-1) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
40 THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED IN SUBDIVI-
41 SION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
42 RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER, OR A SECURITY
43 GUARD, WHERE SUCH WEAPON WAS ISSUED TO OR PURCHASED BY SUCH OFFICER
44 PRIOR TO RETIREMENT AND IN THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND
45 FOR WHICH SUCH OFFICER WAS QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH
46 OFFICER WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT, OR WHERE
47 SUCH WEAPON IS ISSUED TO OR PURCHASED BY A SECURITY GUARD IN THE COURSE
48 OF HIS OR HER OFFICIAL DUTIES, MUST REGISTER SUCH WEAPON WITHIN SIXTY
49 DAYS OF RETIREMENT.
50 S 4. This act shall take effect immediately.