Bill Text: NY A00820 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to confidentiality of information contained in an application for a pistol license

Spectrum: Slight Partisan Bill (Democrat 15-8)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A00820 Detail]

Download: New_York-2009-A00820-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          820
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  DelMONTE, LUPARDO, MOLINARO, MILLER, CROUCH,
         MAGEE, SCHROEDER, FIELDS, GUNTHER, SCHIMEL, GORDON --  Multi-Sponsored
         by -- M. of A. BALL, CHRISTENSEN, CLARK, GIGLIO, HAWLEY, HOOPER, JOHN,
         KOON,  OAKS,  SAYWARD,  TITONE, ZEBROWSKI -- read once and referred to
         the Committee on Codes
       AN ACT to amend the penal law, in relation to confidentiality of  infor-
         mation contained in an application for a pistol license
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of  section  400.00  of  the  penal  law,  as
    2  amended  by  chapter  332  of  the  laws  of 1994, is amended to read as
    3  follows:
    4    5. Filing of approved applications. The application for  any  license,
    5  if  granted,  shall  be filed by the licensing officer with the clerk of
    6  the county of issuance, except that in the city of New York and, in  the
    7  counties  of  Nassau  and Suffolk, the licensing officer shall designate
    8  the place of filing in the appropriate division, bureau or unit  of  the
    9  police department thereof, and in the county of Suffolk the county clerk
   10  is hereby authorized to transfer all records or applications relating to
   11  firearms  to  the  licensing  authority  of  that  county. [The name and
   12  address of any person to whom an application for any  license  has  been
   13  granted  shall be a public record.] AN APPLICATION FOR A PISTOL LICENSE,
   14  AND ALL INFORMATION CONTAINED WITHIN SUCH APPLICATION,  ALL  INFORMATION
   15  PROVIDED  TO  A  LAW  ENFORCEMENT  OFFICER  OR  THE LICENSING OFFICER OR
   16  OBTAINED BY A LAW ENFORCEMENT OFFICER IN THE COURSE OF AN  INVESTIGATION
   17  OF  AN APPLICANT, ARE CONFIDENTIAL. ANY RECORD REGARDING AN APPLICANT OR
   18  LICENSEE MAY ONLY BE RELEASED  TO  A  LAW  ENFORCEMENT  AGENCY  FOR  THE
   19  PURPOSE  OF CONDUCTING AN INVESTIGATION OR PROSECUTION. Upon application
   20  by a licensee who has changed his place of  residence  such  records  or
   21  applications  shall  be  transferred  to  the appropriate officer at the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01133-01-9
       A. 820                              2
    1  licensee's new place of residence. A duplicate copy of such  application
    2  shall  be  filed  by  the licensing officer in the executive department,
    3  division of state police, Albany, within ten days after issuance of  the
    4  license.  Nothing  in  this subdivision shall be construed to change the
    5  expiration date or term of such licenses if otherwise  provided  for  in
    6  law.
    7    S 2. This act shall take effect immediately.