Bill Text: NY A03841 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits persons named on the No Fly List maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation from obtaining or renewing a license to carry, possess, repair and dispose of firearms.
Spectrum: Strong Partisan Bill (Democrat 21-2)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A03841 Detail]
Download: New_York-2021-A03841-Introduced.html
Bill Title: Prohibits persons named on the No Fly List maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation from obtaining or renewing a license to carry, possess, repair and dispose of firearms.
Spectrum: Strong Partisan Bill (Democrat 21-2)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A03841 Detail]
Download: New_York-2021-A03841-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3841 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. ABINANTI, GOTTFRIED, DICKENS, DINOWITZ, FERNAN- DEZ, McDONOUGH, FAHY, PICHARDO, SAYEGH, STIRPE, LAVINE, COLTON, GALEF, WILLIAMS, HYNDMAN, TAYLOR, FALL, GRIFFIN, DAVILA, STECK, SMULLEN -- Multi-Sponsored by -- M. of A. NOLAN -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting persons named on the No Fly List maintained by the Terrorist Screening Center admin- istered by the Federal Bureau of Investigation from obtaining or renewing a license to carry, possess, repair and dispose of firearms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 400.00 of the penal law, as 2 amended by chapter 1 of the laws of 2013, is amended to read as follows: 3 1. Eligibility. No license shall be issued or renewed pursuant to this 4 section except by the licensing officer, and then only after investi- 5 gation and finding that all statements in a proper application for a 6 license are true. No license shall be issued or renewed except for an 7 applicant (a) twenty-one years of age or older, provided, however, that 8 where such applicant has been honorably discharged from the United 9 States army, navy, marine corps, air force or coast guard, or the 10 national guard of the state of New York, no such age restriction shall 11 apply; (b) of good moral character; (c) who has not been convicted 12 anywhere of a felony or a serious offense; (d) who is not a fugitive 13 from justice; (e) who is not an unlawful user of or addicted to any 14 controlled substance as defined in section 21 U.S.C. 802; (f) who being 15 an alien (i) is not illegally or unlawfully in the United States or (ii) 16 has not been admitted to the United States under a nonimmigrant visa 17 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been 18 discharged from the Armed Forces under dishonorable conditions; (h) who, 19 having been a citizen of the United States, has not renounced his or her 20 citizenship; (i) who has stated whether he or she has ever suffered any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00709-01-1A. 3841 2 1 mental illness; (j) who has not been involuntarily committed to a facil- 2 ity under the jurisdiction of an office of the department of mental 3 hygiene pursuant to article nine or fifteen of the mental hygiene law, 4 article seven hundred thirty or section 330.20 of the criminal procedure 5 law, section four hundred two or five hundred eight of the correction 6 law, section 322.2 or 353.4 of the family court act, or has not been 7 civilly confined in a secure treatment facility pursuant to article ten 8 of the mental hygiene law; (k) who has not had a license revoked or who 9 is not under a suspension or ineligibility order issued pursuant to the 10 provisions of section 530.14 of the criminal procedure law or section 11 eight hundred forty-two-a of the family court act; (l) in the county of 12 Westchester, who has successfully completed a firearms safety course and 13 test as evidenced by a certificate of completion issued in his or her 14 name and endorsed and affirmed under the penalties of perjury by a duly 15 authorized instructor, except that: (i) persons who are honorably 16 discharged from the United States army, navy, marine corps or coast 17 guard, or of the national guard of the state of New York, and produce 18 evidence of official qualification in firearms during the term of 19 service are not required to have completed those hours of a firearms 20 safety course pertaining to the safe use, carrying, possession, mainte- 21 nance and storage of a firearm; and (ii) persons who were licensed to 22 possess a pistol or revolver prior to the effective date of this para- 23 graph are not required to have completed a firearms safety course and 24 test; (m) who has not had a guardian appointed for him or her pursuant 25 to any provision of state law, based on a determination that as a result 26 of marked subnormal intelligence, mental illness, incapacity, condition 27 or disease, he or she lacks the mental capacity to contract or manage 28 his or her own affairs; [and] (n) who is not named on the No Fly List 29 maintained by the Terrorist Screening Center administered by the Federal 30 Bureau of Investigation; and (o) concerning whom no good cause exists 31 for the denial of the license. No person shall engage in the business of 32 gunsmith or dealer in firearms unless licensed pursuant to this section. 33 An applicant to engage in such business shall also be a citizen of the 34 United States, more than twenty-one years of age and maintain a place of 35 business in the city or county where the license is issued. For such 36 business, if the applicant is a firm or partnership, each member thereof 37 shall comply with all of the requirements set forth in this subdivision 38 and if the applicant is a corporation, each officer thereof shall so 39 comply. 40 § 2. Subdivision 4 of section 400.00 of the penal law, as amended by 41 chapter 242 of the laws of 2019, is amended to read as follows: 42 4. Investigation. Before a license is issued or renewed, there shall 43 be an investigation of all statements required in the application by the 44 duly constituted police authorities of the locality where such applica- 45 tion is made, including but not limited to such records as may be acces- 46 sible to the division of state police or division of criminal justice 47 services pursuant to section 400.02 of this article. For that purpose, 48 the records of the appropriate office of the department of mental 49 hygiene concerning previous or present mental illness of the applicant 50 shall be available for inspection by the investigating officer of the 51 police authority. Where the applicant is domiciled in a foreign state, 52 the investigation shall include inquiry of the foreign state for records 53 concerning the previous or present mental illness of the applicant, and, 54 to the extent necessary for inspection by the investigating officer, the 55 applicant shall execute a waiver of confidentiality of such record in 56 such form as may be required by the foreign state. In order to ascertainA. 3841 3 1 any previous criminal record, the investigating officer shall take the 2 fingerprints and physical descriptive data in quadruplicate of each 3 individual by whom the application is signed and verified. Two copies of 4 such fingerprints shall be taken on standard fingerprint cards eight 5 inches square, and one copy may be taken on a card supplied for that 6 purpose by the federal bureau of investigation; provided, however, that 7 in the case of a corporate applicant that has already been issued a 8 dealer in firearms license and seeks to operate a firearm dealership at 9 a second or subsequent location, the original fingerprints on file may 10 be used to ascertain any criminal record in the second or subsequent 11 application unless any of the corporate officers have changed since the 12 prior application, in which case the new corporate officer shall comply 13 with procedures governing an initial application for such license. When 14 completed, one standard card shall be forwarded to and retained by the 15 division of criminal justice services in the executive department, at 16 Albany. A search of the files of such division and written notification 17 of the results of the search to the investigating officer shall be made 18 without unnecessary delay. Thereafter, such division shall notify the 19 licensing officer and the executive department, division of state 20 police, Albany, of any criminal record of the applicant filed therein 21 subsequent to the search of its files. A second standard card, or the 22 one supplied by the federal bureau of investigation, as the case may be, 23 shall be forwarded to that bureau at Washington with a request that the 24 files of the bureau, including the No Fly List maintained by the Terror- 25 ist Screening Center, be searched and notification of the results of the 26 search be made to the investigating police authority. Of the remaining 27 two fingerprint cards, one shall be filed with the executive department, 28 division of state police, Albany, within ten days after issuance of the 29 license, and the other remain on file with the investigating police 30 authority. No such fingerprints may be inspected by any person other 31 than a peace officer, who is acting pursuant to his or her special 32 duties, or a police officer, except on order of a judge or justice of a 33 court of record either upon notice to the licensee or without notice, as 34 the judge or justice may deem appropriate. Upon completion of the inves- 35 tigation, the police authority shall report the results to the licensing 36 officer without unnecessary delay. 37 § 3. This act shall take effect immediately.
