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S T A T E O F N E W Y O R K
________________________________________________________________________
9736
I N S E N A T E
April 2, 2026
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the executive law, in relation to
certifying instructors in small arms practice
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. (A) "Duly authorized instructor" means [(a)] (I) a duly commis-
5 sioned officer of the United States army, navy, marine corps or coast
6 guard, or of the national guard of the state of New York; or [(b)] (II)
7 a duly qualified adult citizen of the United States who has been granted
8 a certificate as an instructor in small arms practice issued by the
9 United States army, navy or marine corps, or by the adjutant general of
10 this state, [or by the division of criminal justice services,] or by the
11 national rifle association of America, a not-for-profit corporation duly
12 organized under the laws of this state; [(c)] (III) by a person duly
13 qualified and designated by the department of environmental conservation
14 as its agent in the giving of instruction and the making of certif-
15 ications of qualification in responsible hunting practices; or [(d)]
16 (IV) a New York state 4-H certified shooting sports instructor.
17 (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, ANY CERTIFICATE
18 AS AN INSTRUCTOR IN SMALL ARMS PRACTICE ISSUED TO INDIVIDUALS PURSUANT
19 TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE VALID
20 THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT. AFTER SUCH
21 DATE, INDIVIDUALS CERTIFIED AS AN INSTRUCTOR IN SMALL ARMS PRACTICE
22 PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL
23 SEEK RECERTIFICATION SUBJECT TO THE STANDARDS AND CURRICULUM PROMULGATED
24 BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SUBDIVISION
25 TWENTY-THREE OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
26 § 2. Subdivision 23 of section 837 of the executive law, as added by
27 chapter 371 of the laws of 2022, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04262-01-5
S. 9736 2
1 23. (a) In conjunction with the superintendent of [the] state police,
2 promulgate policies and procedures with regard to standardization of
3 firearms safety training required under subdivision nineteen of section
4 400.00 of the penal law, which shall include the approval of course
5 materials and promulgation of proficiency standards for live fire train-
6 ing; [and]
7 (b) In conjunction with the superintendent of state police, create an
8 appeals board for the purpose of hearing appeals as provided in subdivi-
9 sion four-a of section 400.00 of the penal law and promulgate rules and
10 regulations governing such appeals[.]; AND
11 (C) PROMULGATE MINIMUM STANDARDS AND CREATE CURRICULA FOR THE CERTIF-
12 ICATION OF DULY AUTHORIZED INSTRUCTORS PURSUANT TO SECTION 265.00 OF THE
13 PENAL LAW. THE DIVISION SHALL PROMULGATE ANY RULES AND REGULATIONS
14 NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
15 § 3. This act shall take effect immediately. Effective immediately,
16 the addition, amendment and/or repeal of any rule or regulation neces-
17 sary for the implementation of this act on its effective date are
18 authorized to be made and completed on or before such effective date.