STATE OF NEW YORK
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3125
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to permitting security guard
companies in certain instances to perform security related work in the
city of New York by armed guards without obtaining a New York city
firearms special permit
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 6 of section 400.00 of the penal law, as
2 amended by chapter 318 of the laws of 2002, is amended to read as
3 follows:
4 6. License: validity. Any license issued pursuant to this section
5 shall be valid notwithstanding the provisions of any local law or ordi-
6 nance. No license shall be transferable to any other person or prem-
7 ises. A license to carry or possess a pistol or revolver, not otherwise
8 limited as to place or time of possession, shall be effective throughout
9 the state, except that the same shall not be valid within the city of
10 New York unless a special permit granting validity is issued by the
11 police commissioner of that city. Such license to carry or possess shall
12 be valid within the city of New York in the absence of a permit issued
13 by the police commissioner of that city, provided that (a) the firearms
14 covered by such license have been purchased from a licensed dealer with-
15 in the city of New York and are being transported out of said city
16 forthwith and immediately from said dealer by the licensee in a locked
17 container during a continuous and uninterrupted trip; or provided that
18 (b) the firearms covered by such license are being transported by the
19 licensee in a locked container and the trip through the city of New York
20 is continuous and uninterrupted; or provided that (c) the firearms
21 covered by such license are carried by armored car security guards
22 transporting money or other valuables, in, to, or from motor vehicles
23 commonly known as armored cars, during the course of their employment;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04665-01-9
A. 3125 2
1 or provided that (d) the licensee is a retired police officer as police
2 officer is defined pursuant to subdivision thirty-four of section 1.20
3 of the criminal procedure law or a retired federal law enforcement offi-
4 cer, as defined in section 2.15 of the criminal procedure law, who has
5 been issued a license by an authorized licensing officer as defined in
6 subdivision ten of section 265.00 of this chapter; provided, further,
7 however, that if such license was not issued in the city of New York it
8 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
9 ment Officer", as the case may be, and, in the case of a retired officer
10 the license shall be deemed to permit only police or federal law
11 enforcement regulations weapons; or provided that (e) the licensee is a
12 peace officer described in subdivision four of section 2.10 of the crim-
13 inal procedure law and the license, if issued by other than the city of
14 New York, is marked "New York State Tax Department Peace Officer" and in
15 such case the exemption shall apply only to the firearm issued to such
16 licensee by the department of taxation and finance; or provided that (f)
17 the licensee is a special armed guard duly registered and in good stand-
18 ing with the department of state pursuant to article seven-A of the
19 general business law, or is a private investigator duly licensed and in
20 good standing with the department of state pursuant to article seven of
21 the general business law. A license as gunsmith or dealer in firearms
22 shall not be valid outside the city or county, as the case may be, where
23 issued.
24 § 2. This act shall take effect on the thirtieth day after it shall
25 have become a law.