BILL NUMBER: S138AREVISED 5/31/23
SPONSOR: RYAN
 
TITLE OF BILL:
An act to amend the penal law and the executive law, in relation to
certifying instructors in small arms practice
 
PURPOSE:
The purpose of this bill is to give the state of New York, and specif-
ically the Division of Criminal Justice Services (DCJS), sole authority
to develop curricula for certifying instructors in small arms practice.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 19 of section 265.00 of the penal law by
requiring that all instructors in the state seek recertification begin-
ning January 1st, 2027 subject to the standards and curriculum developed
by DCJS.
Section 2 adds the ability to promulgate standards and develop curricula
for the certification of duly authorized instructors to DCJS's list of
enumerated powers under section 837 of the executive law.
Section 3 is the effective date.
 
JUSTIFICATION:
When the definition of "duly authorized instructor" was added to the
penal law in 1997, gun rights and gun safety looked different than they
do today. Since the mass shooting at Columbine High School in 1999, more
than 311,000 students at 331 schools have been exposed to gun violence
at school. In that same time frame, mass shootings and daily gun
violence have continued at a frequent pace in cities across America.
The State of New York has a strong interest in encouraging public safe-
ty, and ensuring that any gun safety curricula used in the state serve
that goal. This bill aims to ensure that all gun safety instructors are
equipped with the tools they need to teach gun owners how to handle
firearms safely. Both the curriculum for instructors and their certif-
ication need to be updated to account for public safety changes in a
post-Columbine world.
As the entity that collects and analyzes a variety of data on crimes and
criminal activity in the state, DCJS possesses a deep understanding of
the nature of crime, who commits crimes, and why. They are a non-law
enforcement entity, but they regularly share information with a variety
of state entities. DCJS will be able to develop standards and curricula
that reflect modern safety standards and best practices and are free
from a political agenda.
 
LEGISLATIVE HISTORY:
2022: S9601
 
FISCAL IMPLICATIONS:
To be determined
 
LOCAL FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to subdivision 19 of section 265.00 of the penal law made by
section one of this act shall take effect on the same date and in the
same manner as section 22 of chapter 371 of the laws of 2022, takes
effect. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.

Statutes affected:
S138: 265.00 penal law, 265.00(19) penal law, 837 executive law, 837(23) executive law
S138A: 265.00 penal law, 265.00(19) penal law, 837 executive law, 837(23) executive law