BILL NUMBER: S9736
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the penal law and the executive law, in relation to
certifying instructors in small arms practice
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to give the state Division of Criminal
Justice Services (DCJS) sole authority to develop curricula for certify-
ing instructors in small arms practice.
 
SUMMARY OF PROVISIONS:
Section one amends subdivision 19 of section 265.00 of the penal law by
requiring that all instructors in the state seek recertification begin-
ning January 1, 2027 subject to the standards and curriculum developed
by DCJS.
Section two adds the ability to promulgate standards and develop curric-
ula for the certification of duly authorized instructors to DCJS's list
of enumerated powers under section 837 of the executive law.
Section three sets forth 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 all across America.
The State of New York has a strong interest in encouraging public safe-
ty, and in ensuring that any gun safety curricula used in the state
serve that goal. This bill aims to ensure that all gun safety instruc-
tors are equipped with the tools they need to teach gun owners how to
handle firearms safely. Both the curriculum for instructors and instruc-
tor certification need to be updated to account for public safety chang-
es 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. 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:
2025: S1472 (Ryan, S) - Passed Senate
2024: S138 (Ryan, S) - Passed Senate
2024: A6663 (Fahy) - Reported to Rules
2023: S138 (Ryan, S) - Passed Senate
2023: A6663 (Fahy) - Referred to Codes
2022: S9601 (Ryan, S) - Referred to Rules
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately. Effective immediately, the addi-
tion, 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:
S9736: 265.00 penal law, 265.00(19) penal law, 837 executive law, 837(23) executive law