New York S 205 - Firearms and Victims of Domestic Violence /January 6, 2019 by Charles Yeganian New York S 205by Sen. Robert Ortt (R)LEAP Forward Position: Oppose Section 1. Section 400.00 of the penal law is amended by adding a new 2 subdivision 18 to read as follows: 3 18. Carrying or possessing a firearm with a valid order of protection. 4 (a) The provisions of this section and article two hundred sixty-five of 5 this chapter relating to the illegal carrying or possession of a firearm 6 shall not apply to a person: 7 (i) over the age of twenty-one years old; 8 (ii) protected by an order of protection issued due to such person 9 being a victim of a family offense, as described in subdivision one of 10 section 530.11 of the criminal procedure law; 11 (iii) who has an application pending for a license to carry or possess 12 the firearm they are carrying or possessing; 13 (iv) is carrying or possessing the firearm in a manner that would be 14 legal if the license that is being applied for had been issued; and 15 (v) has a good faith belief that they will be granted such license. 16 (b) Upon a person applying for a license to carry or possess a 17 firearm, such person may request a certified copy of the application 18 upon its submission. The certified copy shall contain a date which is 19 forty-five days from the date of the application. The applicant can 20 return to where the application was submitted and request a new certi- 21 fied copy of the application with a date forty-five days from the date 22 of such request at any time before the license is issued or the applica- 23 tion is denied. The certified copy of the application will not be valid 1 for use by the applicant under paragraph (c) of this subdivision past 2 the date listed on it. 3 (c) While a person allowed under this subdivision to carry or possess 4 a firearm is carrying or possessing such firearm, they shall carry the 5 order of protection and an unexpired certified copy of the application 6 which allows for them to carry or possess the firearm as well as state 7 issued photo identification. Failure to do so is a violation punishable 8 by a fine up to twenty-five dollars.