There is a proposal in the NYS Senate to drop the proper cause clause for unrestricted carry in NYS. This would seem to effectively eliminate the authority of the licensing agent (judge, sheriff department or PD) to require proof of some extraordinary danger to exist in order to receive a license for unrestricted carry by those seek such a license. It would also appear to remove the authority of licensing agents to apply administrative restrictions.
Of course this as stirred a buzz among NYS license holders regarding what ulterior motives might exist for introducing this legislation. What do you think?
The relevant part of the proposal is in the first few paragraphs (the wording in brackets is being removed)...
Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section
2 400.00 of the penal law, paragraph (f) of subdivision 2 as amended by
3 chapter 189 of the laws of 2000 and subdivision 4 as amended by chapter
4 331 of the laws of 2005, are amended to read as follows:
5 (f) have and carry concealed, without regard to employment or place of
6 possession[, by any person when proper cause exists for the issuance
7 thereof]; and
8 4. Investigation. Before a license is issued or renewed, there shall
9 be an investigation of all statements required in the application by the
10 duly constituted police authorities of the locality where such applica-
11 tion is made. For that purpose, the records of the appropriate office of
12 the department of mental hygiene concerning previous or present mental
13 illness of the applicant shall be available for inspection by the inves-
14 tigating officer of the police authority. THE POLICE AUTHORITY IN THE
15 LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT A SEARCH OF THE
16 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS). In order to
17 ascertain any previous criminal record, the investigating officer shall
18 take the fingerprints and physical descriptive data in quadruplicate of
19 each individual by whom the application is signed and verified. Two
20 copies of such fingerprints shall be taken on standard fingerprint cards
21 eight inches square, and one copy may be taken on a card supplied for
22 that purpose by the federal bureau of investigation; provided, however,
23 that in the case of a corporate applicant that has already been issued a
24 dealer in firearms license and seeks to operate a firearm dealership at
25 a second or subsequent location, the original fingerprints on file may
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.