BILL NUMBER: S658
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to requiring persons possess-
ing a firearm to hold a firearms safety certificate; and to provide
technical corrections to such law
 
PURPOSE:
The purpose of this act is: (1) to reduce the number of unintentional
shootings by ensuring that gun owners know how to safely use and store
firearms; and (2) to increase compliance with existing firearms laws by
requiring gun owners to demonstrate knowledge of those laws.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends § 265.01 of the penal law. The proposed
legislation establishes a firearms safety certificate requirement.
Section two of the bill amends the penal law by adding a new § 400.15.
This section mandates the successful completion of a course of instruc-
tion by the applicant which shall include: (a) not less than five hours
of classroom instruction on: (i) the safe use and handling of firearms;
(ii) the methods for safely storing firearms, and keeping children safe
when weapons are present; and (iii) the applicable federal, state and
local laws relating to the purchase, sale, possession, transportation
and storage of firearms; (b) not less than two hours of live firing
instruction at a shooting range using the type of firearm the applicant
anticipates purchasing, possessing or acquiring; and (c) a safe-handling
of a firearm demonstration as attested by a duly authorized instructor.
The course must be approved by the Sheriff of the county in which the
applicant resides or the Commissioner of the police department of a city
having a population of one million or more. Every firearms safety
certificate is valid for a period of two years and may be renewed. The
certificate is non-transferable and only applicable to the applicant.
Additionally, the section deals with revocation and exemptions.
Section three of the bill sets the effective date.
 
JUSTIFICATION:
Handgun safety is important to all New Yorkers. Handgun accidents
involving children are especially disturbing. Studies show that easy
access to loaded handguns in homes is a major cause of accidental shoot-
ings of children. While there may be no way to gUarantee safety, handgun
owners can take steps to help prevent many accidental shootings. This
legislation will provide persons possessing firearms valuable informa-
tion to help them become a safe and responsible handgun owner.
The intent of the legislation is to ensure that persons who obtain
firearms have a basic familiarity with those firearms, including but not
limited to, the safe handling and storage of those firearms; and to
increase compliance with existing firearms laws by requiring gun owners
to demonstrate knowledge of those laws.
 
LEGISLATIVE HISTORY:
2024: S1701 (Gianaris) died in Codes / A7885 (Cunningham) died in codes
2023: S1701 (Gianaris) advanced to third reading / A7885 (Cunningham)
died in codes
2022: S1192-B (Gianaris) advanced to third reading / A7246-B (Richard-
son) died in codes
2021: S1192-B (Gianaris) advanced to third reading / A7246-B (Richard-
son) died in codes
2019-20: S2291 (Gianaris) died in Codes
2017-18: S3547 (Gianaris) died in Codes
2015-16: S2442 (Gianaris) died in Codes / A5785 (Kavanagh) died in codes
2013-14: S573-A (Gianaris) died in Codes / A3321-A (Kavanagh) died in
codes
2012: S7844 (Gianaris) died in Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall become a law; provided, however, that the
provisions of subdivision (3) of section 265.01 of the penal law, as
added by section one of this act, and subdivision 2 of section 400.15 of
the penal law, as added by section two of this act, shall not apply to
any person who possesses a firearm on the effective date of this act,
until such person recertifies his or her license pursuant to subdivision
10 of section 400.00 of the penal law.