2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title P - Offenses Against Public Safety › Article 265 - Firearms and Other Dangerous Weapons › 265.20 - Exemptions.

§ 265.20 Exemptions.
a.  Paragraph  (h)  of  subdivision  twenty-two  of section 265.00 and
sections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02,  265.03,  265.04,
265.05,  265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37, 265.50,
265.55 and 270.05 shall not apply to:
1. Possession of  any  of  the  weapons,  instruments,  appliances  or
substances  specified  in  sections  265.01,  265.01-c,  265.02, 265.03,
265.04, 265.05, 265.50, 265.55 and 270.05 by the following:
(a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess  the
same.
(b)  Police  officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace  officers  as  defined  by  section  2.10  of  the  criminal
procedure law.
(d)  Persons in the military or other service of the United States, in
pursuit of official  duty  or  when  duly  authorized  by  federal  law,
regulation or order to possess the same.
(e)   Persons  employed  in  fulfilling  defense  contracts  with  the
government of the United States or agencies thereof when  possession  of
the  same  is  necessary  for  manufacture,  transport, installation and
testing under the requirements of such contract.
(f)  A  person  voluntarily  surrendering  such  weapon,   instrument,
appliance  or  substance,  provided that such surrender shall be made to
the superintendent of the division of state police or a  member  thereof
designated  by  such  superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
Suffolk  to  the  commissioner  of  police  or  a  member  of the police
department thereof designated by such commissioner, or  if  such  person
resides  in  a  city, town other than one named in this subparagraph, or
village to the police commissioner  or  head  of  the  police  force  or
department  thereof or to a member of the force or department designated
by such commissioner or head; and provided, further, that the same shall
be surrendered  by  such  person  in  accordance  with  such  terms  and
conditions as may be established by such superintendent, sheriff, police
force  or  department.  Nothing  in this paragraph shall be construed as
granting immunity from prosecution for any crime or offense except  that
of  unlawful  possession  of  such  weapons,  instruments, appliances or
substances surrendered as herein provided. A person  who  possesses  any
such  weapon,  instrument,  appliance  or  substance  as  an executor or
administrator or any other  lawful  possessor  of  such  property  of  a
decedent  may  continue  to  possess such property for a period not over
fifteen days. If such property is not lawfully disposed of  within  such
period  the  possessor  shall  deliver  it  to  an  appropriate official
described in this paragraph or such property may  be  delivered  to  the
superintendent  of  state  police.  Such officer shall hold it and shall
thereafter  deliver  it  on  the  written  request  of  such   executor,
administrator  or  other  lawful  possessor  of such property to a named
person, provided such named  person  is  licensed  to  or  is  otherwise
lawfully  permitted  to  possess  the same. If no request to deliver the
property is received by such official within one year of the delivery of
such property, such official shall dispose of it in accordance with  the
provisions of section 400.05 of this chapter.
2.  Possession  of  a  machine-gun,  large capacity ammunition feeding
device, rapid-fire  modification  device,  firearm,  switchblade  knife,
pilum  ballistic  knife, billy or blackjack by a warden, superintendent,
headkeeper or deputy of a state prison, penitentiary, workhouse,  county

jail  or  other  institution  for  the detention of persons convicted or
accused of crime or detained as witnesses in criminal cases, in  pursuit
of  official  duty  or  when  duly  authorized by regulation or order to
possess the same.
3.  Possession  of  a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or  400.01  of
this  chapter  or  possession of a weapon as defined in paragraph (e) or
(f) of subdivision twenty-two of section 265.00 of this article which is
registered pursuant to paragraph (a) of subdivision sixteen-a of section
400.00 of this chapter or is  included  on  an  amended  license  issued
pursuant to section 400.00 of this chapter. In the event such license is
revoked,  other  than  because  such  licensee is no longer permitted to
possess a  firearm,  rifle  or  shotgun  under  federal  or  state  law,
information  sufficient  to  satisfy  the  requirements  of  subdivision
sixteen-a of section 400.00 of this chapter, shall be transmitted by the
licensing officer to the state police, in a form as  determined  by  the
superintendent  of  state  police.  Such transmission shall constitute a
valid registration under such section. Further provided, notwithstanding
any other section of this title, a failure to register such weapon by an
individual who possesses such weapon before the enactment of the chapter
of the laws of two thousand thirteen which amended  this  paragraph  and
may  so  lawfully possess it thereafter upon registration, shall only be
subject to punishment pursuant to paragraph (c) of subdivision sixteen-a
of section 400.00 of this chapter; provided,  that  such  a  license  or
registration  shall not preclude a conviction for the offense defined in
subdivision three of section 265.01 of this article or section  265.01-a
of this article.
3-a.  Possession  of  a  pistol  or  revolver  by  a person undergoing
live-fire range training pursuant to  section  400.00  of  this  chapter
while  such  person  is  undergoing such training and is supervised by a
duly authorized instructor.
4. Possession of a rifle, shotgun, crossbow or longbow for  use  while
hunting,  trapping  or fishing, by a person, not a citizen of the United
States, carrying a valid license issued pursuant to section  11-0713  of
the environmental conservation law.
5.  Possession  of  a rifle or shotgun by a person other than a person
who has been convicted of  a  class  A-I  felony  or  a  violent  felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who  has  been  convicted  as  specified  in subdivision four of section
265.01 to whom a certificate of good conduct has been issued pursuant to
section seven hundred three-b of the correction law.
6. Possession of a switchblade for  use  while  hunting,  trapping  or
fishing  by  a person carrying a valid license issued to him pursuant to
section 11-0713 of the environmental conservation law.
7. Possession, at an indoor or outdoor shooting range for the  purpose
of  loading  and  firing, of a rifle or shotgun, the propelling force of
which is gunpowder by a person under sixteen years of age but not  under
twelve, under the immediate supervision, guidance and instruction of (a)
a  duly commissioned officer of the United States army, navy, air force,
marine corps or coast guard, or of the national guard of  the  state  of
New York; or (b) a duly qualified adult citizen of the United States who
has  been  granted a certificate as an instructor in small arms practice
issued by the United States army, navy, air force or marine corps, or by
the adjutant general of this state, by the national rifle association of
America, a not-for-profit corporation duly organized under the  laws  of
this  state,  or  by  a  New  York  state  4-H certified shooting sports
instructor; or (c) a parent, guardian, or  a  person  over  the  age  of
eighteen designated in writing by such parent or guardian who shall have

a certificate of qualification in responsible hunting, including safety,
ethics,  and  landowner relations-hunter relations, issued or honored by
the department of environmental conservation; or (d)  an  agent  of  the
department of environmental conservation appointed to conduct courses in
responsible   hunting  practices  pursuant  to  article  eleven  of  the
environmental conservation law.
7-a. Possession and use, at an indoor or outdoor pistol range  located
in  or on premises owned or occupied by a duly incorporated organization
organized for conservation purposes or to foster  proficiency  in  small
arms or at a target pistol shooting competition under the auspices of or
approved  by  the  national rifle association for the purpose of loading
and firing the same, by a person duly licensed to possess  a  pistol  or
revolver  pursuant  to  section  400.00  or  400.01 of this chapter of a
pistol or revolver duly so licensed to another person who is present  at
the time.
7-b.  Possession and use, at an indoor or outdoor pistol range located
in or on premises owned or occupied by a duly incorporated  organization
organized  for  conservation  purposes or to foster proficiency in small
arms or at a target pistol shooting competition under the auspices of or
approved by the national rifle association for the  purpose  of  loading
and  firing  the  same,  by  a  person  who has applied for a license to
possess a pistol or revolver and pre-license possession of same pursuant
to section 400.00 or 400.01 of this chapter, who has not been previously
denied a license, been previously  convicted  of  a  felony  or  serious
offense, and who does not appear to be, or pose a threat to be, a danger
to  himself  or  to others, and who has been approved for possession and
use herein in accordance with section 400.00 or 400.01 of this  chapter;
provided  however, that such possession shall be of a pistol or revolver
duly licensed to and shall be used under the supervision,  guidance  and
instruction   of,   a  person  specified  in  paragraph  seven  of  this
subdivision and provided further that such possession and use be  within
the  jurisdiction of the licensing officer with whom the person has made
application therefor or within the jurisdiction of the superintendent of
state police in the case of a retired sworn member of  the  division  of
state  police  who  has opted to make an application pursuant to section
400.01 of this chapter.
7-c. Possession for the purpose of loading and  firing,  of  a  rifle,
pistol  or  shotgun,  the  propelling  force of which may be either air,
compressed gas or springs, by a person under sixteen years  of  age  but
not   under  twelve,  under  the  immediate  supervision,  guidance  and
instruction of (a) a duly commissioned  officer  of  the  United  States
army, navy, marine corps or coast guard, or of the national guard of the
state  of  New York; or (b) a duly qualified adult citizen of the United
States who has been granted a certificate as an instructor in small arms
practice issued by the United States army, navy or marine corps,  or  by
the adjutant general of this state, by the national rifle association of
America,  a  not-for-profit corporation duly organized under the laws of
this state, or by  a  New  York  state  4-H  certified  shooting  sports
instructor;  or  (c)  a  parent,  guardian,  or a person over the age of
eighteen designated in writing by such parent or guardian who shall have
a certificate of qualification in responsible hunting, including safety,
ethics, and landowner relations-hunter relations, issued or  honored  by
the department of environmental conservation.
7-d.  Possession,  at  an  indoor  or  outdoor  shooting range for the
purpose of loading and firing,  of  a  rifle,  pistol  or  shotgun,  the
propelling  force of which may be either air, compressed gas or springs,
by a person under twelve years of age, under the immediate  supervision,
guidance  and  instruction  of  (a)  a  duly commissioned officer of the

United States army, navy,  marine  corps  or  coast  guard,  or  of  the
national  guard  of the state of New York; or (b) a duly qualified adult
citizen of the United States who has been granted a  certificate  as  an
instructor in small arms practice issued by the United States army, navy
or  marine  corps,  or  by  the  adjutant  general of this state, by the
national rifle association of America, a not-for-profit corporation duly
organized under the laws of this state, or  by  a  New  York  state  4-H
certified  shooting  sports  instructor; or (c) a parent, guardian, or a
person over the age of eighteen designated in writing by such parent  or
guardian  who  shall  have a certificate of qualification in responsible
hunting,  including  safety,  ethics,  and  landowner   relations-hunter
relations,   issued  or  honored  by  the  department  of  environmental
conservation.
7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
outdoor  pistol  range  located in or on premises owned or occupied by a
duly incorporated organization organized for conservation purposes or to
foster proficiency  in  small  arms  or  at  a  target  pistol  shooting
competition  under  the  auspices  of  or  approved by an association or
organization described in paragraph 7-a  of  this  subdivision  for  the
purpose  of  loading  and  firing the same by a person at least fourteen
years of age but under the age of twenty-one who has not been previously
convicted of a felony or serious offense, and who does not appear to be,
or pose a threat to be, a danger  to  himself  or  to  others;  provided
however,  that  such  possession  shall  be of a pistol or revolver duly
licensed to and shall be used under the immediate supervision,  guidance
and  instruction  of,  a  person  specified  in  paragraph seven of this
subdivision.
7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
device,  that  contains  more  than seven rounds of ammunition, but that
does not have a capacity of or can readily be restored or  converted  to
accept  more  than  ten  rounds  of  ammunition, at an indoor or outdoor
firing range located in or on premises  owned  or  occupied  by  a  duly
incorporated  organization  organized  for  conservation  purposes or to
foster proficiency in arms; at an indoor or outdoor firing range for the
purpose of firing a rifle or shotgun; at a collegiate, olympic or target
shooting competition under the auspices of or approved by  the  national
rifle   association;   or  at  an  organized  match  sanctioned  by  the
International Handgun Metallic Silhouette Association.
8.  The  manufacturer  of  machine-guns,  firearm  silencers,  assault
weapons,   large   capacity   ammunition   feeding  devices,  rapid-fire
modification  devices,   disguised   guns,   pilum   ballistic   knives,
switchblade  or gravity knives, billies or blackjacks as merchandise, or
as a transferee recipient of the same for repair, lawful distribution or
research and development, and the disposal and shipment  thereof  direct
to  a  regularly  constituted  or  appointed  state  or municipal police
department, sheriff, police officer or other  peace  officer,  or  to  a
state  prison, penitentiary, workhouse, county jail or other institution
for the detention of persons convicted or accused of crime  or  held  as
witnesses in criminal cases, or to the military service of this state or
of  the  United  States; or for the repair and return of the same to the
lawful possessor or for research and development.
9. The regular and ordinary  transport  of  firearms  as  merchandise,
provided  that  the person transporting such firearms, where he knows or
has reasonable means of ascertaining what he is  transporting,  notifies
in   writing   the  police  commissioner,  police  chief  or  other  law
enforcement officer performing such functions at the place of  delivery,
of  the name and address of the consignee and the place of delivery, and
withholds delivery to the consignee for such reasonable period  of  time

designated in writing by such police commissioner, police chief or other
law  enforcement  officer  as  such  official  may  deem  necessary  for
investigation as to whether  the  consignee  may  lawfully  receive  and
possess such firearms.
9-a.  a.  Except  as provided in subdivision b hereof, the regular and
ordinary transport of pistols or revolvers by a manufacturer of firearms
to whom a license as a dealer in firearms has been  issued  pursuant  to
section  400.00  of  this  chapter,  or  by an agent or employee of such
manufacturer of firearms who is  otherwise  duly  licensed  to  carry  a
pistol  or  revolver  and  who  is  duly  authorized  in writing by such
manufacturer of firearms to transport pistols or revolvers on  the  date
or  dates  specified,  directly between places where the manufacturer of
firearms regularly conducts business provided such pistols or  revolvers
are  transported unloaded, in a locked opaque container. For purposes of
this subdivision, places where the manufacturer  of  firearms  regularly
conducts  business  includes,  but  is  not  limited to places where the
manufacturer of firearms regularly or customarily  conducts  development
or  design of pistols or revolvers, or regularly or customarily conducts
tests on pistols or revolvers, or regularly or customarily  participates
in the exposition of firearms to the public.
b.  The  transportation  of  such pistols or revolvers into, out of or
within the city of New York may be done only with  the  consent  of  the
police commissioner of the city of New York. To obtain such consent, the
manufacturer  must notify the police commissioner in writing of the name
and address of the transporting manufacturer, or agent  or  employee  of
the  manufacturer  who  is authorized in writing by such manufacturer to
transport pistols or revolvers, the number, make and model number of the
firearms  to  be  transported  and  the  place  where  the  manufacturer
regularly  conducts  business within the city of New York and such other
information as the commissioner may  deem  necessary.  The  manufacturer
must  not  transport  such  pistols and revolvers between the designated
places of business for such reasonable  period  of  time  designated  in
writing  by  the police commissioner as such official may deem necessary
for investigation and to give consent. The police commissioner  may  not
unreasonably withhold his consent.
10.  Engaging  in  the business of gunsmith or dealer in firearms by a
person to whom a valid license therefor  has  been  issued  pursuant  to
section 400.00.
11.  Possession  of  a  firearm  or  large capacity ammunition feeding
device by a police officer or sworn peace officer of another state while
conducting official business within the state of New York.
12. Possession of a pistol or revolver by a person who is a member  or
coach  of  an  accredited college or university target pistol team while
transporting the pistol or revolver into or through New  York  state  to
participate   in   a  collegiate,  olympic  or  target  pistol  shooting
competition under the auspices of or  approved  by  the  national  rifle
association, provided such pistol or revolver is unloaded and carried in
a  locked  carrying  case  and  the  ammunition therefor is carried in a
separate locked container.
12-a. Possession and use of a pistol or  revolver,  at  an  indoor  or
outdoor  shooting  range,  by a registered student of a higher education
institution chartered by the state of New York, who is participating  in
a  course  in  gun  safety  and proficiency offered by such institution,
under the immediate supervision, guidance, and instruction of  a  person
specified in paragraph seven of this subdivision.
13.  Possession  of  pistols  and  revolvers  by  a  person  who  is a
nonresident of this state while attending or traveling to  or  from,  an
organized  competitive pistol match or league competition under auspices

of, or approved by, the National Rifle Association and in which he is  a
competitor, within forty-eight hours of such event or by a person who is
a  non-resident  of the state while attending or traveling to or from an
organized   match  sanctioned  by  the  International  Handgun  Metallic
Silhouette  Association  and  in  which  he  is  a  competitor,   within
forty-eight  hours  of  such  event,  provided  that  he  has  not  been
previously convicted of a felony or a crime which, if committed  in  New
York,  would  constitute a felony, and further provided that the pistols
or revolvers are transported  unloaded  in  a  locked  opaque  container
together  with  a  copy  of  the  match program, match schedule or match
registration card.  Such  documentation  shall  constitute  prima  facie
evidence  of  exemption,  providing  that  such  person  also has in his
possession a pistol license or  firearms  registration  card  issued  in
accordance with the laws of his place of residence. For purposes of this
subdivision,  a  person  licensed  in  a  jurisdiction  which  does  not
authorize such license by a person who has been previously convicted  of
a   felony   shall   be  presumed  to  have  no  prior  conviction.  The
superintendent of  state  police  shall  annually  review  the  laws  of
jurisdictions  within  the  United States and Canada with respect to the
applicable requirements for licensing or registration  of  firearms  and
shall publish a list of those jurisdictions which prohibit possession of
a  firearm  by a person previously convicted of a felony or crimes which
if committed in New York state would constitute a felony.
13-a. Except in cities not wholly contained within a single county  of
the  state,  possession  of  pistols  and revolvers by a person who is a
nonresident of this state while attending or traveling to  or  from,  an
organized convention or exhibition for the display of or education about
firearms,  which  is  conducted  under  auspices of, or approved by, the
National Rifle Association and in which he is a registered  participant,
within  forty-eight  hours  of such event, provided that he has not been
previously convicted of a felony or a crime which, if committed  in  New
York,  would  constitute a felony, and further provided that the pistols
or revolvers are transported  unloaded  in  a  locked  opaque  container
together with a copy of the convention or exhibition program, convention
or  exhibition  schedule  or convention or exhibition registration card.
Such documentation shall constitute prima facie evidence  of  exemption,
providing  that  such person also has in his possession a pistol license
or firearms registration card issued in accordance with the laws of  his
place of residence. For purposes of this paragraph, a person licensed in
a jurisdiction which does not authorize such license by a person who has
been previously convicted of a felony shall be presumed to have no prior
conviction. The superintendent of state police shall annually review the
laws  of  jurisdictions within the United States and Canada with respect
to the applicable requirements for licensing or registration of firearms
and  shall  publish  a  list  of  those  jurisdictions  which   prohibit
possession  of a firearm by a person previously convicted of a felony or
crimes which if committed in New York state would constitute a felony.
14. Possession in accordance with the provisions of this paragraph  of
a  self-defense  spray  device as defined herein for the protection of a
person or property and use  of  such  self-defense  spray  device  under
circumstances  which would justify the use of physical force pursuant to
article thirty-five of this chapter.
(a) As used in this section "self-defense spray device" shall  mean  a
pocket  sized  spray  device  which  contains and releases a chemical or
organic substance  which  is  intended  to  produce  temporary  physical
discomfort  or disability through being vaporized or otherwise dispensed
in the air or any like device containing tear  gas,  pepper  or  similar
disabling agent.
(b)  The  exemption  under  this paragraph shall not apply to a person
who:
(i) is less than eighteen years of age; or
(ii)  has  been  previously convicted in this state of a felony or any
assault; or
(iii) has been convicted of a crime outside  the  state  of  New  York
which  if committed in New York would constitute a felony or any assault
crime.
(c) The department of health, with the cooperation of the division  of
criminal  justice services and the superintendent of state police, shall
develop standards and  promulgate  regulations  regarding  the  type  of
self-defense spray device which may lawfully be purchased, possessed and
used  pursuant  to  this  paragraph.  The  regulations  shall  include a
requirement that every self-defense spray device which may  be  lawfully
purchased,  possessed  or  used  pursuant to this paragraph have a label
which states: "WARNING: The use of this  substance  or  device  for  any
purpose other than self-defense is a criminal offense under the law. The
contents are dangerous - use with care. This device shall not be sold by
anyone  other  than  a licensed or authorized dealer. Possession of this
device by any person under the age of eighteen or by anyone who has been
convicted of a felony or assault is illegal. Violators may be prosecuted
under the law."
15. Possession and sale of a self-defense spray device as  defined  in
paragraph  fourteen of this subdivision by a dealer in firearms licensed
pursuant to section  400.00  of  this  chapter,  a  pharmacist  licensed
pursuant  to article one hundred thirty-seven of the education law or by
such  other  vendor  as  may  be  authorized   and   approved   by   the
superintendent of state police.
(a)  Every self-defense spray device shall be accompanied by an insert
or inserts which include directions  for  use,  first  aid  information,
safety  and storage information and which shall also contain a toll free
telephone number for the purpose of allowing any purchaser to  call  and
receive  additional  information  regarding  the  availability  of local
courses in self-defense training and safety in the use of a self-defense
spray device.
(b) Before delivering a self-defense spray device to any  person,  the
licensed  or  authorized  dealer  shall require proof of age and a sworn
statement on a form approved by the superintendent of state police  that
such person has not been convicted of a felony or any crime involving an
assault.  Such  forms shall be forwarded to the division of state police
at such intervals as directed by the  superintendent  of  state  police.
Absent  any such direction the forms shall be maintained on the premises
of the vendor and shall be open at all reasonable hours  for  inspection
by  any  peace  officer or police officer, acting pursuant to his or her
special duties. No more than two self-defense spray devices may be  sold
at any one time to a single purchaser.
16.  The terms "rifle," "shotgun," "pistol," "revolver," and "firearm"
as used in paragraphs three, four, five, seven, seven-a, seven-b,  nine,
nine-a,  ten,  twelve, thirteen and thirteen-a of this subdivision shall
not include a disguised gun or an assault weapon.
b. Section 265.01 shall not apply to possession of that type of  billy
commonly  known  as  a "police baton" which is twenty-four to twenty-six
inches in length  and  no  more  than  one  and  one-quarter  inches  in
thickness  by  members  of  an  auxiliary  police force of a city with a
population in excess of one million persons or  the  county  of  Suffolk
when  duly  authorized  by  regulation  or  order  issued  by the police
commissioner of such city or such county respectively. Such  regulations
shall  require training in the use of the police baton including but not

limited to the defensive use of the baton and instruction in  the  legal
use  of  deadly  physical  force pursuant to article thirty-five of this
chapter. Notwithstanding the provisions of this  section  or  any  other
provision  of law, possession of such baton shall not be authorized when
used intentionally to strike another person except in  those  situations
when  the  use  of  deadly  physical force is authorized by such article
thirty-five.
c. Sections 265.01, 265.10 and 265.15 shall not apply to possession of
billies or blackjacks by persons:
1. while employed in fulfilling contracts with  New  York  state,  its
agencies  or  political  subdivisions  for  the  purchase  of billies or
blackjacks; or
2. while employed in fulfilling contracts with  sister  states,  their
agencies  or  political  subdivisions  for  the  purchase  of billies or
blackjacks; or
3. while employed in  fulfilling  contracts  with  foreign  countries,
their  agencies or political subdivisions for the purchase of billies or
blackjacks as permitted under federal law.
d. Subdivision one of section 265.01 and subdivision four  of  section
265.15  of  this  article  shall not apply to possession or ownership of
automatic knives by any cutlery and knife museum established pursuant to
section two hundred sixteen-c of the education law or by  any  director,
officer,  employee,  or agent thereof when he or she is in possession of
an automatic knife and acting in furtherance of  the  business  of  such
museum.
e.  Subdivision eight of section 265.02 and sections 265.36 and 265.37
of this chapter shall not apply to  a  qualified  retired  New  York  or
federal law enforcement officer as defined in subdivision twenty-five of
section   265.00  of  this  article,  with  respect  to  large  capacity
ammunition feeding devices issued to such officer or purchased  by  such
officer  in  the  course of his or her official duties and owned by such
officer at the time of his or her retirement or comparable  replacements
for such devices, if: (i) the agency that employed the officer qualified
such  officer  in  the  use  of  the weapon which accepts such device in
accordance with applicable state or federal standards  for  active  duty
law  enforcement  officers  within  twelve  months  prior  to his or her
retirement; and (ii) such retired officer  meets,  at  his  or  her  own
expense,  such applicable standards for such weapon at least once within
three years after his or her retirement date and  at  least  once  every
three  years  thereafter,  provided,  however,  that  any such qualified
officer who has  been  retired  for  eighteen  months  or  more  on  the
effective  date of this subdivision shall have eighteen months from such
effective date to qualify in the use of the weapon  which  accepts  such
large  capacity ammunition feeding device according to the provisions of
this subdivision, notwithstanding that  such  officer  did  not  qualify
within  three years after his or her retirement date, provided that such
officer  is  otherwise  qualified  and  maintains  compliance  with  the
provisions of this subdivision.