S 3126: Provides that possession and use of a firearm in certain locations under the supervision, guidance and instruction of a qualified firearms instructor shall not be a crime.

  
  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.