BILL NUMBER: S3383
SPONSOR: GRIFFO
 
TITLE OF BILL:
An act to amend the penal law, the general business law and the execu-
tive law, in relation to licensing and other provisions relating to
firearms; and to repeal certain provisions of the penal law, the execu-
tive law, the general business law, the state finance law and chapter
371 of the laws of 2022 amending the penal law and other laws relating
to licensing and other provisions relating to firearms, relating thereto
 
PURPOSE:
This bill would repeal the changes made by Chapter 371 of 2022, which
amended the state's firearm licensing and ownership laws.
 
SUMMARY OF PROVISIONS:
Section 1 of this repeals the definition of good moral character;
removes the provision for passing a firearms safety course; eliminates
additional disqualifications under 5.51001; lifts the requirement that
concealed carry license holders need to recertify every three years;
also repeals other changes made to the revocation of a license pursuant
to Chapter 371 of 2022.
Section 2 amends the Executive Law, giving the Division of Criminal
Justice Services (DCJS) the new duty and function of collaborating with
the Division of State Police to certify instructors and create course
and training standards for a firearms safety course and live-fire range
training as well as the creation of an appeals board.
Section 3 amends the Executive Law which gives the State Police the
responsibility of collaborating with DCJS to promulgate rules and proce-
dures for firearms safety and training.
Section 4 amends the Penal Law by removing section 265.01-e of the Penal
Law, which listed a list of sensitive places where the possession and
carrying of firearms, rifles, or shotguns are prohibited.
Section 5. 5 repeals Section 265.01-d of the Penal Law, making it a
class E felony to possess a firearm, rifle, or shotgun on private prop-
erty where a property owner has not given an indication or expressly
allowed a person to possess.
Section 6 repeals paragraph 3-1 of subdivision a of section 265.20 of
the Penal Law, which implemented live-fire training with an instructor.
Section 7 repeals the requirement that DCJS conduct a monthly check of
licensees' records and the creation of the state's statewide license and
records database for the sales of ammunition.
Section 8 repeals a section of the Penal Law, which provided that people
who sell firearms or ammunition shall keep records of their sales in a
way approved by the State Police.
Section 9 repeals amendments made by Chapter 371 of 2022 regarding the
storage of rifles, shotguns, and firearms in vehicles.
Section 10 repeals the provision of the state Penal Law that allows
local gun laws to be more restrictive than those set forth by the state.
Section 11, 12, 13, 14, and 15 amend the Penal Law relating to body
armor and vests.
Section 16 removes the provision of law that the State Police shall
serve as the point of contact for National Instant Criminal background
checks.
Section 17 and 18 amend provisions in the General Business Law that
stipulate that dealers submit requests to the State Police before
receiving a background check.
Section 19 repeals provisions of the Penal Law which require that deal-
ers and sellers go through the State Police to conduct background checks
for ammunition.
Section 20 repeals the provision of the Penal Law that marks compliance
failure as a class A misdemeanor for gun dealers and sellers.
Section 21 repeals the creation of the state's "background check fund."
Section 22 amends section 265.00 of the Penal Law removing individuals
certified by DCJS as "duly authorized instructors."
Section 23 repeals Section 400.00 of the Penal Law.
Section 24 restores the definition of Rifle and Shotgun to the defi-
nition used by New York State prior to the signing of Chapter 371 of
2022.
Section 25 outlines severability.
Section 26 marks the effective date.
 
JUSTIFICATION:
In light of the United States Supreme Court's decision in New York State
Rifle and Pistol Association, Inc. v. Bruen, which struck down New
York's law requiring that an applicant for a concealed carry firearm
license demonstrate proper cause, the governor and state Legislature
enacted sweeping changes to the state's concealed carry laws. The chang-
es implemented by the governor and state Legislature are more restric-
tive than what existed before the Supreme Court's decision in NYSRPA v.
Bruen. These changes, like the SAFE Act, came about without proper input
from stakeholders and the general public. This bill repeals the changes
made by Chapter 371 of 2022, allowing the spirit of the Supreme Court's
decision to afford New Yorkers their Second Amendment right to keep and
bear arms.
 
LEGISLATIVE HISTORY:
2023-24-S.2635 - Codes Committee
2022 - S. 9501 - Rules Committee.
 
FISCAL IMPLICATIONS:
To be determined.
 
LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 371 of the laws of 2022.

Statutes affected:
S3383: 837 executive law, 837(23) executive law, 235 executive law, 265.01-e penal law, 265.01-d penal law, 265.20 penal law, 265.20(a) penal law, 400.02 penal law, 400.30 penal law, 270.20 penal law, 270.21 penal law, 270.22 penal law, 396-eee general business law, 144-a executive law, 228 executive law, 898 general business law, 898(2) general business law, 896 general business law, 896(1) general business law, 400.06 penal law, 99-pp state finance law, 265.00 penal law, 265.00(19) penal law, 400.00 penal law, 400.00(19) penal law