STATE OF NEW YORK
________________________________________________________________________
138
2023-2024 Regular Sessions
IN SENATE
(Prefiled)
January 4, 2023
___________
Introduced by Sen. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the executive law, in relation to
removing the national rifle association from the list of entities
authorized to grant certificates as instructors in small arms practice
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 19 of section 265.00 of the penal law, as
2 amended by chapter 371 of the laws of 2022, is amended to read as
3 follows:
4 19. "Duly authorized instructor" means (a) a duly commissioned officer
5 of the United States army, navy, marine corps or coast guard, or of the
6 national guard of the state of New York; [or] (b) a duly qualified adult
7 citizen of the United States who has been granted a certificate as an
8 instructor in small arms practice issued by the United States army, navy
9 or marine corps, or by the adjutant general of this state, or by the
10 division of criminal justice services[, or by the national rifle associ-
11 ation of America, a not-for-profit corporation duly organized under the
12 laws of this state]; (c) by a person duly qualified and designated by
13 the department of environmental conservation as its agent in the giving
14 of instruction and the making of certifications of qualification in
15 responsible hunting practices; or (d) a New York state 4-H certified
16 shooting sports instructor.
17 § 2. Subdivision 23 of section 837 of the executive law, as added by
18 chapter 371 of the laws of 2022, is amended to read as follows:
19 23. (a) In conjunction with the superintendent of [the] state police,
20 promulgate policies and procedures with regard to standardization of
21 firearms safety training required under subdivision nineteen of section
22 400.00 of the penal law, which shall include the approval of course
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01873-01-3
S. 138 2
1 materials and promulgation of proficiency standards for live fire train-
2 ing; [and]
3 (b) In conjunction with the superintendent of state police, create an
4 appeals board for the purpose of hearing appeals as provided in subdivi-
5 sion four-a of section 400.00 of the penal law and promulgate rules and
6 regulations governing such appeals[.]; and
7 (c) Grant certificates as instructors in small arms practice to duly
8 qualified adult citizens pursuant to section 265.00 of the penal law.
9 The division shall promulgate any rules and regulations necessary for
10 the implementation of this subdivision.
11 § 3. This act shall take effect on the same date and same manner as
12 section 22 of chapter 371 of the laws of 2022, takes effect. Effective
13 immediately, the addition, amendment and/or repeal of any rule or regu-
14 lation necessary for the implementation of this act on its effective
15 date are authorized to be made and completed on or before such effective
16 date.