§ 5-09 Application for Pre-License Exemption.
RCNY § 5-09
Each applicant for a carry guard license desiring to obtain the exemption set forth in New York State Penal Law § 265.20(a)(7-b), allowing pre-license possession of a handgun for the purpose of possessing and using a handgun for instructional purposes with a certified instructor in small arms at an authorized small arms range/shooting club, shall make such request in writing to the Division Head, License Division at the time the application for a handgun license is filed, when such pre-license exemption is required. Such request shall include a signed and verified statement by the person authorized to instruct and supervise the applicant, that they have met with the applicant and they have determined that, in their judgment, said applicant does not appear to be or pose a threat to be a danger to themself or others. The instructor shall include a copy of their certificate as an instructor in small arms, if they are required to be certified, and state their address and telephone number. The instructor shall specify the exact location by name, address and telephone number where such instruction shall take place. The Division Head, License Division shall, no later than ten (10) business days after such filing, commence an investigation and ascertain whether the applicant has a criminal record. The Division Head, License Division shall no later than ten (10) business days after the completion of such investigation determine if the applicant has been previously denied a license, been convicted of a felony, been convicted of a serious offense as defined in Penal Law § 265.00(17), been convicted of a misdemeanor crime of domestic violence, as defined in § 921(a) of Title 18 of the United States Code, been the subject or recipient of an order of protection or a temporary order of protection, been the subject of a suspension or ineligibility order issued pursuant to § 530.14 of the New York State Criminal Procedure Law or § 842-a of the New York State Family Court Act, or appears to be, or poses a threat to be, a danger to themself or others, and either approve or disapprove the applicant for exemption purposes based upon such determinations. If the applicant is approved for the exemption, the Division Head, License Division shall notify the applicant. Such exemption shall terminate if the application for the license is denied, or at any earlier time based upon any information obtained by the Division Head, License Division which would cause the application to be rejected. The applicant shall be notified of any such rejection. (Amended City Record 12/16/2022, eff. 12/16/2022)
