THE FOLLOWING IS AN EXCERPT OF PAGES 6 AND 7 OF THE SPANO LEGISLATIVE AGENDA FOR 2007
REFORM THE PISTOL PERMIT ISSUING PROCESS
Proposal:
The purpose of this legislation is to transfer all aspects of the licensing functions relating to pistol permits from the office of the Westchester County Clerk to the Westchester County Department of Public Safety.This change is intended to ensure that decisions relating to who should and should not be granted a license to carry a firearm are made by law enforcement officials, whose primary concern is the safety of the public.
The Westchester County Clerk, Westchester County District Attorney, and the Administrative Judge, 9
th Judicial District support this proposed legislation.Summary of Provisions:
This legislation amends subdivision 10 of section 265.00 of the penal law by designating the commissioner/sheriff of public safety as the licensing officer in the county of Westchester. It also amends five (5) separate subdivisions of section 400.00 of the penal law in order to affect the transfer of the licensing function from the office of the county clerk to the commissioner/sheriff of public safety.Subdivision 5 of section 400.00 of the penal law is amended to add the county of
Westchester to those municipalities that are granted an exception from the general
requirement that all applications for licenses are to be filed with the clerk of the county of issuance. Under this legislation, applications will be filed with the commissioner/sheriff of public safety.
Subdivision 9 of section 400.00 of the penal law is amended to require that the commissioner/sheriff of public safety, rather than the state police, be directly notified by licensees of changes of residence.
Subdivision 10 of section 400.00 of the penal law is amended to provide for a five year expiration of any license to carry or possess a pistol or revolver from the date of issuance, and the renewal, rather than the recertification of such license.
Subdivision 11 of section 400.00 of the penal law is amended to transfer license
revocation and suspension authority to the commissioner/sheriff of public safety, rather than the courts.
Subdivision 12 of section 400.00 of the penal law is amended to require that the record book of a licensed gunsmith or dealer in firearms be surrendered to the commissioner/sheriff of public safety, rather than the state police, in the event of license cancellation or revocation or discontinuance of business by the licensee.
Subdivision 14 of section 400.00 of the penal law is amended to authorize the Westchester County Board of Legislators to set the fees related to the issuance of a license to carry or possess a pistol or revolver and to provide for the disposition of such
fees.
The legislation provides for an effective date 60 days after enactment.
Justification:
Currently, the process for issuing licenses to carry and possess firearms in the county of Westchester is administered through the office of the County Clerk despite the fact that all background investigations, the bulk of the responsibility with respect to license applications, are performed by the County’s Department of Public Safety. The licensing officer for the county of Westchester is currently "a judge or justice of a court of record" pursuant to Penal Law § 265.00(10). This legislation seeks to transfer all of the licensing functions from the office of the County Clerk and current licensing officer to the Commissioner/Sheriff of the Department of Public Safety.Consolidating all of the functions related to the issuance of a license to carry or possess a firearm in the Department of Public Safety is both efficient and sensible. As mentioned, the Department of Public Safety currently undertakes the most labor intensive part of the licensing process, investigations; and therefore that Department is in the best position to handle the paperwork, collect the fees and perform whatever administrative functions are necessary.
Furthermore, designating the Commissioner/Sheriff of the Department of Public Safety as the licensing officer will reduce the burden on local courts while ensuring that a law enforcement official will make the final determination as to whether an individual is suitable for possessing or carrying a firearm. Currently, law enforcement officials in New York City and the counties of Nassau and Suffolk are designated as licensing officers. Westchester County is similarly situated to such governmental entities in that it is directly located within the more densely populated metropolitan area. Firearms
licensing determinations should be made by a law enforcement official with public safety expertise in Westchester County, as they are in those jurisdictions.
Moreover, the bill authorizes the Westchester County Board of Legislators to establish fees related to the application for firearm licenses. Currently, Westchester County may charge $10.00 per application which is grossly disproportionate to the amount of work and expense undertaken by the Department of Public Safety to review and consider such applications. Putting the fees in the hands of local elected officials will ensure a fair balance between the financial burden on local property taxpayers and the ability of citizens to apply for such applications. New York City and Nassau and Suffolk Counties are currently authorized to set their own pistol permit fees. This legislative change would also be consistent with what is already in place in the rest of the metropolitan region.
Finally, the bill requires that licensees renew rather than recertify their licenses at five year intervals. Renewal every five years will permit the licensing authority to re-evaluate the continued need for the license, as well as the character and fitness of the applicant, according to the criteria set forth in the Penal Law. Recertification as provided for in the "Westchester County Handgun Record-keeping and Accountability Act" (See Chapter 446 of the Laws of 1997) does not allow for such re-evaluation. New York City and the
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