New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6024
Executive Department
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9 NYCRR 6024.1 - Definitions
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-20-19-00003-A · Adopted rule
- Related notice published
- Mar 25, 2020
- Related notice effective date
- Mar 25, 2020
When used in this Part:
(a)The terms council and commissioner shall have the same meaning as set forth in section 6020.1 of this Title.
(b)The term police officer shall have the same meaning as set forth in section 1.20(34) of the Criminal Procedure Law.
(c)The term peace officer shall have the same meaning as set forth in section 2.10 of the Criminal Procedure Law.
(d)The term Federal law enforcement officer shall have the same meaning as set forth in section 2.15 of the Criminal Procedure Law.
(e)The term instructor certification means any certification made by the commissioner to an individual whose qualifications meet or exceed the requirements established in sections 6024.2 and/or 6024.3 of this Part.
9 NYCRR 6024.2 - Requirements for firearms instructor certification
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-20-19-00003-A · Adopted rule
- Related notice published
- Mar 25, 2020
- Related notice effective date
- Mar 25, 2020
Each applicant for firearms instructor shall meet all of the following requirements:
(a)Possess a high school diploma or its equivalent.
(b)Have a minimum of three years of police, peace officer or Federal law enforcement officer experience. The peace officer and Federal law enforcement officer experience requirement can only be satisfied by those persons who have carried a firearm in the course of their official duties and have done so for the prescribed period of time.
(c)Successfully complete a Municipal Police Training Council approved basic course for police officers or basic course for peace officers, as appropriate, or a requisite basic training course prescribed by a Federal law enforcement officer employer.
(d)Successfully complete an instructor development course which is acceptable to the commissioner.
(e)Successfully complete a firearms instructor course of at least 35 hours duration and which is acceptable to the commissioner.
9 NYCRR 6024.3 - Requirements for special firearms instructor certification
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-20-19-00003-A · Adopted rule
- Related notice published
- Mar 25, 2020
- Related notice effective date
- Mar 25, 2020
Special instructor certification may be granted at the discretion of the commissioner, upon written application. The requirement of satisfactory completion of an approved firearms instructor course, as set forth in section 6024.2(e) of this Part may be waived in instances where the applicant can demonstrate technical expertise and document satisfactory completion of a firearms instructor course from an institute that has national police recognition and has been approved by the commissioner. Approval may be granted for these courses upon written application by said institute and, when required by the commissioner, an onsite evaluation by Division of Criminal Justice Services staff of such training. Application must include copies of the course curriculum and related testing procedures used in said course. Upon approval of such course by the commissioner, an applicant must be evaluated in a classroom setting and on a firearms range and must be found to possess and exhibit acceptable instructional skills and technical expertise. Evaluations must be conducted by the Division of Criminal Justice Services or its designee.
9 NYCRR 6024.4 - Term and renewal of firearms instructor certification
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-20-19-00003-A · Adopted rule
- Related notice published
- Mar 25, 2020
- Related notice effective date
- Mar 25, 2020
Firearms instructor certification shall be valid from the date of issuance and shall remain valid during the holder’s continuous service as a police officer, peace officer, or Federal law enforcement officer, or while the holder is employed by a sponsoring police officer or peace officer agency, unless revoked by the commissioner.
9 NYCRR 6024.5 - Suspension and revocation of firearms instructor certification
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-20-19-00003-A · Adopted rule
- Related notice published
- Mar 25, 2020
- Related notice effective date
- Mar 25, 2020
(a)The commissioner may move to suspend or revoke a firearms instructor certification pursuant to this Part at any time. Upon the suspension of the firearms instructor certification, the commissioner shall either:
(1)proceed under the provisions of subdivision (c) of this section to revoke the firearms instructor certification; or
(2)hold the revocation of the firearms instructor certification in abeyance pending the resolution of the concerns raised by the commissioner.
(b)Suspension.
(1)The certification of a firearms instructor may be suspended for causes including, but not be limited to:
(i)the violation of any of the provisions and/or applicable rules and regulations as set forth in this Part;
(ii)the commissioner determines that there are defects in the instruction of a course provided by a firearms instructor;
(iii)the firearms instructor is charged with a felony or misdemeanor and the conduct constituting the offense was performed in the name of or on behalf of an approved pre-employment police training school, during an approved police or peace officer training course, or, in the discretion of the commissioner, the conduct of the firearms instructor bears on the integrity of the division;
(iv)the firearms instructor submitted documents to the division for approval which contained a material false statement or omission;
(v)the commissioner determines that the firearms instructor was and/or is professionally affiliated with an instructor, firearms instructor, course director or an organization that administers approved police or peace officer training courses that has been and/or is presently suspended or revoked;
(vi)any other cause for which the commissioner deems the suspension necessary.
(2)The commissioner may, but is not required to, send the firearms instructor, via certified mail, a written notice to cure in response to paragraph (1) of this subdivision. Upon receipt of such notice, the certification of the firearms instructor shall be suspended and such firearms instructor shall not instruct any approved police or peace officer training course or program.
(3)No later than 15 days of the receipt of said notice, the firearms instructor may address the concerns raised. The firearms instructor shall notify the division in writing of the actions taken. If the actions do not satisfactorily address the concerns of the division, the division may proceed with the revocation of the firearms instructor certification.
(4)Where the firearms instructor has been charged with a felony or misdemeanor, the commissioner shall send the firearms instructor, via certified mail, a written notice of suspension pending the disposition of the case. Upon receipt of such notice, the certification of the firearms instructor shall be suspended and such firearms instructor shall not instruct any approved police or peace officer training course or program.
(c)Revocation.
(1)The certification of a firearms instructor may be revoked for causes including, but not be limited to:
(i)the violation of any of the provisions and/or applicable rules and regulations as set forth in this Part;
(ii)the commissioner determines that there are defects in the instruction of a course provided by a firearms instructor;
(iii)the firearms instructor is convicted of a felony or misdemeanor and the conduct constituting the offense was performed in the name of or on behalf of an approved pre-employment police training school, during an approved police or peace officer training course, or, in the discretion of the commissioner, the conduct of the firearms instructor bears on the integrity of the division;
(iv)the firearms instructor submitted documents to the division for approval which contained a material false statement or omission;
(v)the commissioner determines that the firearms instructor was and/or is professionally affiliated with an instructor, firearms instructor, course director, pre-employment police training school or an organization that administers approved police or peace officer training courses that has been and/or is presently suspended or revoked;
(vi)a firearms instructor after receipt of a notice of suspension, continues to conduct police or peace officer training courses;
(vii)any other cause for which the commissioner deems the revocation necessary.
(2)The commissioner shall send the firearms instructor, via certified mail, a written notice of his or her intent to revoke the certification and the reasons for such action. Upon receipt of such notice, the certification of the firearms instructor shall be suspended, or will remain suspended, and such firearms instructor shall not instruct any approved police or peace officer training course or program.
(3)Within 15 days of the receipt of said notice, the firearms instructor may forward a written request to the commissioner for a hearing to be held by the council to consider the revocation of the firearms instructor certification. The commissioner shall forward the request to the council. The failure of the individual to timely request a hearing shall not preclude the commissioner from revoking the certification.
(4)Such hearing shall be held at the next meeting of the council or subsequent meeting or special meeting of the council. At least 15 days before the next meeting, the council shall give to the firearms instructor written notice by mail of the time and place of said meeting, wherein a hearing shall be held to consider the revocation of the firearms instructor certification. The firearms instructor may be represented at the hearing by counsel and may produce any evidence to support his or her position.
(5)The hearing shall be conducted in accordance with the provisions of the State Administrative Procedure Act. Following deliberation, and in accordance with the open meetings law established by article 7 of the Public Officers Law, the council shall submit its recommendation to the commissioner. Following receipt of the council's recommendation, and within 90 days of the date of the hearing, the commissioner shall forward to the individual the decision and the reasons given for such decision. The commissioner makes the final decision, notwithstanding the council’s recommendation. The commissioner, and not the council, shall be responsible for setting any penalty.
(6)The commissioner shall consider additional factors including, but not limited to:
(i)whether the firearms instructor has submitted documents to the division for approval which were denied;
(ii)whether the firearms instructor is at an approved pre-employment police training school or an organization that administers approved police or peace officer training courses which has submitted documents to the division for approval which were denied, and the date and nature of such denial;
(iii)whether the firearms instructor has had an instructor certification, firearms instructor certification, director certification or pre-employment police training school approval suspended or revoked, or is the instructor, firearms instructor or course director at an approved pre-employment police training school where the approval of such school has ever been or is suspended or revoked, and the date and nature of such suspension or revocation;
(iv)whether the firearms instructor has ever been convicted of a crime, and the date and nature of the offense;
(v)and whether there are any criminal charges pending against the firearms instructor.
9 NYCRR 6024.6 - Earlier source heading: 6024.6 to 6024.7 [Repealed]
Related State Register notice: Adopted rule CJS-20-19-00003-A. Published Mar 25, 2020. Notice effective date: Mar 25, 2020.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-20-19-00003-A · Adopted rule
- Related notice published
- Mar 25, 2020
- Related notice effective date
- Mar 25, 2020
Current section text is not available here.
9 NYCRR 6024.8 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule CJS-20-19-00003-A. Published Mar 25, 2020. Notice effective date: Mar 25, 2020.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-20-19-00003-A · Adopted rule
- Related notice published
- Mar 25, 2020
- Related notice effective date
- Mar 25, 2020
Current section text is not available here.
9 NYCRR 6024.9 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule CJS-20-19-00003-A. Published Mar 25, 2020. Notice effective date: Mar 25, 2020.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-20-19-00003-A · Adopted rule
- Related notice published
- Mar 25, 2020
- Related notice effective date
- Mar 25, 2020
Current section text is not available here.