“Pataki’s 2004-2005 Budget Slams Handgun Licensees”

Reaction from LAW ABIDING licensed gun owners, who reside in NYS are to the 2004-2005 Pataki budget is “fury.” “The Governor’s budget has declared economic war on law abiding gun ownership in NYS” is the reaction of one licensed gun owner. For the second time Republican Governor Pataki has set his sights on law abiding gun owners in his state. His newly proposed budget calls for some rather extreme changes in the fee structure for applying, renewing and amendments for handgun licenses.

It also effectively cancels all existing “lifetime “ licenses. Presently, NYS law dictates that the fee for an initial application, and renewal for a handgun license not exceed $10. The two exceptions are New York City and Nassau County in which there is no limit. Due to the freedom given to the respective governing bodies in these two counties, the fees are well over 20 times those set by restricted county governments. For example, recently the Nassau Legislature voted in favor of a 700% increase in licensing fees. Pataki’s new budget, if passed, would allow for a change in the NYS Penal Code (Section 400) that would remove any “caps” from handgun licensing fees. In addition to the projected increased county fees, that would likely follow Nassau’s 700% increase, the Governor also wants an additional $100 fee or tax placed on each new and renewed license. Interestingly, the newly written law also places no cap on the additional state fee. In addition, he proposes an increase to any and all amendments made to a license from $5 to $25 (NYS & Nassau are already exempt from this restriction in law). An amendment includes any firearm added or removed from a license and a change in county of residence.

Pataki goes one step further, he is calling for the cancellation of any state handgun license that is stamped “life time”. All holders of lifetime licenses would be placed in the same category as other licenses throughout the state, which must be renewed every five years.

The following is from the state web site:

“Part I - Establish a State licensing fee on pistol and revolver permits and an expiration date for all gun licenses. This bill imposes a State fee on pistol permits. Section 400.00 of the Penal Law is amended to impose State-licensing fees on pistol permits.

The fee schedule is as follows: a $100 fee is imposed on new and renewal pistol or revolver licenses; a $25 fee for each permit amendment; a $100 fee on gunsmith and dealer licenses; a $25 fee on duplicate licenses; and a $25 fee on license transfers. Additionally, caps on local fees are removed and such fees will be determined by the appropriate county legislature or the New York City Council.

This bill also establishes a five-year expiration for gun licenses issued outside of New York City and Nassau, Suffolk, and Westchester counties, where permit expiration dates already exist. All current holders of lifetime licenses will need to have their licenses certified prior to February 1, 2005. These certifications will expire on a five-year prorated basis in accordance with a schedule determined by the Superintendent of State Police.

This bill further amends the Penal Law to mandate that for the recertification of a gun license a National Instant Background Check System (NICS) search shall be conducted instead of requiring the resubmission of the applicant's fingerprints.

Currently, local fees are authorized in statute for gun licenses. In New York City and Nassau County, local legislative bodies can establish a fee for a pistol license at any amount, whereas in counties outside of New York City and Nassau the fee must be between $3 and $10. Additional local fees for gun dealers, license amendments, duplicate licenses, and license transfers are defined. There are no current State fees. The expiration periods are also set in statute. In New York City, licenses are valid for three years. In Nassau, Suffolk, and Westchester counties, licenses are valid for five years. In all other counties, gun licenses do not expire. With the information acquired through the new licensing process, the State Police will be able to maintain an updated database on all licensed handguns in the State. Better tracking of handgun ownership will aid law enforcement efforts and consequently enhance public safety.

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If you wish to express your opinion to elected officials we suggest the following: (also contact your local elected State Senator and Assemblyman)