STATE OF NEW YORK
        ________________________________________________________________________

                                          3126

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 23, 2025
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend  the  penal  law,  in  relation  to  qualified  firearms
          instructors

          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 the
    13  department of environmental conservation as its agent in the  giving  of
    14  instruction and the making of certifications of qualification in respon-
    15  sible  hunting practices; [or] (d) a New York state 4-H certified shoot-
    16  ing sports instructor; or (e) a qualified firearms instructor.
    17    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
    18  vision 37 to read as follows:
    19    37. "Qualified firearms instructor" means an individual  who  holds  a
    20  certificate as a firearms instructor from an association or organization
    21  recognized by the division of criminal justice services.
    22    §  3.  Paragraph  7-b  of subdivision a of section 265.20 of the penal
    23  law, as amended by chapter 511 of the laws of 2014, is amended  to  read
    24  as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07001-01-5

        S. 3126                             2

     1    7-b.  Possession and use, at an indoor or outdoor pistol range located
     2  in or on premises owned or occupied by a duly incorporated  organization
     3  organized  for  conservation  purposes or to foster proficiency in small
     4  arms or at a target pistol shooting competition under the auspices of or
     5  approved  by  the  national rifle association for the purpose of loading
     6  and firing the same, by a person  who  has  applied  for  a  license  to
     7  possess a pistol or revolver and pre-license possession of same pursuant
     8  to section 400.00 or 400.01 of this chapter, who has not been previously
     9  denied  a  license,  been  previously  convicted  of a felony or serious
    10  offense, and who does not appear to be, or pose a threat to be, a danger
    11  to [himself] themself or to  others,  and  who  has  been  approved  for
    12  possession and use herein in accordance with section 400.00 or 400.01 of
    13  this  chapter;  provided  however,  that  such  possession shall be of a
    14  pistol or revolver duly licensed to and shall be used under  the  super-
    15  vision,  guidance  and  instruction  of, a person specified in paragraph
    16  seven of this subdivision,  or  a  qualified  firearms  instructor,  and
    17  provided further that such possession and use be within the jurisdiction
    18  of  the  licensing  officer  with  whom  the person has made application
    19  therefor or within the  jurisdiction  of  the  superintendent  of  state
    20  police  in  the  case of a retired sworn member of the division of state
    21  police who has opted to make an application pursuant to  section  400.01
    22  of this chapter.
    23    § 4. This act shall take effect immediately.