Bill Text: NY A05043 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the filing of approved applications for licenses for the possession of firearms.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-05 - held for consideration in codes [A05043 Detail]

Download: New_York-2017-A05043-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5043
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Codes
        AN  ACT  to  amend  the penal law, in relation to the filing of approved
          applications for licenses 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 5 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    5.  Filing  of  approved  applications.  [(a)] The application for any
     4  license, if granted, shall be filed by the licensing  officer  with  the
     5  clerk  of  the  county  of issuance, except that in the city of New York
     6  and, in the counties of Nassau and Suffolk, the licensing officer  shall
     7  designate  the  place  of  filing in the appropriate division, bureau or
     8  unit of the police department thereof, and in the county of Suffolk  the
     9  county  clerk  is  hereby authorized to transfer all records or applica-
    10  tions relating to firearms to the licensing authority  of  that  county.
    11  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    12  the name and  address]  The  application  and  any  supporting  records,
    13  including  any  information  contained therein, of any person to whom an
    14  application for any license has been  granted  shall  not  be  a  public
    15  record and shall not be subject to disclosure pursuant to article six of
    16  the public officers law.  Upon application by a licensee who has changed
    17  his place of residence such records or applications shall be transferred
    18  to  the  appropriate officer at the licensee's new place of residence. A
    19  duplicate copy of such application shall be filed by the licensing offi-
    20  cer in the executive department, division of state police, Albany, with-
    21  in ten days after issuance of the license. The superintendent  of  state
    22  police  may  designate that such application shall be transmitted to the
    23  division of state police electronically. In the event the superintendent
    24  of the division of state police determines that  it  lacks  any  of  the
    25  records required to be filed with the division, it may request that such
    26  records  be  provided  to  it  by  the  appropriate clerk, department or
    27  authority and such clerk, department  or  authority  shall  provide  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00237-01-7
        A. 5043                             2
     1  division  with  such  records.  In  the  event such clerk, department or
     2  authority lacks such records, the division may request the license hold-
     3  er provide information sufficient to constitute  such  record  and  such
     4  license  holder  shall  provide the division with such information. Such
     5  information shall be limited to  the  license  holder's  name,  date  of
     6  birth,  gender,  race,  residential  address, social security number and
     7  firearms possessed by said license holder. Nothing in  this  subdivision
     8  shall  be  construed  to  change  the  expiration  date  or term of such
     9  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    10  collected  for purposes of inclusion in the database established by this
    11  section shall be released pursuant to a court order.  Records  assembled
    12  or  collected for purposes of inclusion in the database created pursuant
    13  to section 400.02 of this [chapter] article  shall  not  be  subject  to
    14  disclosure pursuant to article six of the public officers law.
    15    [(b)  Each application for a license pursuant to paragraph (a) of this
    16  subdivision shall include, on a separate written form  prepared  by  the
    17  division of state police within thirty days of the effective date of the
    18  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
    19  section, and provided to the applicant at the same time and in the  same
    20  manner  as  the application for a license, an opportunity for the appli-
    21  cant to request an exception from his  or  her  application  information
    22  becoming  public  record  pursuant to paragraph (a) of this subdivision.
    23  Such forms, which shall also be made available to  individuals  who  had
    24  applied for or been granted a license prior to the effective date of the
    25  chapter of the laws of two thousand thirteen which amended this section,
    26  shall notify applicants that, upon discovery that an applicant knowingly
    27  provided  false  information, such applicant may be subject to penalties
    28  pursuant to section 175.30 of this chapter, and further, that his or her
    29  request for an exception shall be null and void, provided  that  written
    30  notice  containing  such  determination  is  provided  to the applicant.
    31  Further, such forms shall provide each applicant an opportunity to spec-
    32  ify the grounds on which he or  she  believes  his  or  her  application
    33  information should not be publicly disclosed. These grounds, which shall
    34  be identified on the application with a box beside each for checking, as
    35  applicable, by the applicant, shall be as follows:
    36    (i)  the  applicant's  life  or safety may be endangered by disclosure
    37  because:
    38    (A) the applicant is an active or retired police officer, peace  offi-
    39  cer, probation officer, parole officer, or corrections officer;
    40    (B)  the applicant is a protected person under a currently valid order
    41  of protection;
    42    (C) the applicant is or was a witness in a criminal proceeding involv-
    43  ing a criminal charge;
    44    (D) the applicant is participating or  previously  participated  as  a
    45  juror  in  a criminal proceeding, or is or was a member of a grand jury;
    46  or
    47    (E) the applicant is a spouse, domestic partner or household member of
    48  a person identified in this subparagraph or subparagraph  (ii)  of  this
    49  paragraph,  specifying  which  subparagraph or subparagraphs and clauses
    50  apply.
    51    (ii) the applicant has reason to believe his or her life or safety may
    52  be endangered by disclosure due to reasons stated by the applicant.
    53    (iii) the applicant has reason to believe he or she may be subject  to
    54  unwarranted harassment upon disclosure of such information.
    55    (c)  Each  form provided for recertification pursuant to paragraph (b)
    56  of subdivision ten of this section shall include an opportunity for  the
        A. 5043                             3

     1  applicant  to request an exception from the information provided on such
     2  form becoming public record pursuant to paragraph (a) of  this  subdivi-
     3  sion.  Such  forms  shall notify applicants that, upon discovery that an
     4  applicant  knowingly  provided  false information, such applicant may be
     5  subject to penalties pursuant to section 175.30  of  this  chapter,  and
     6  further,  that  his  or  her  request for an exception shall be null and
     7  void, provided that written  notice  containing  such  determination  is
     8  provided to the applicant. Further, such forms shall provide each appli-
     9  cant  an opportunity to either decline to request the grant or continua-
    10  tion of an exception, or specify the grounds on which he or she believes
    11  his or her information should not be publicly disclosed. These  grounds,
    12  which  shall be identified in the application with a box beside each for
    13  checking, as applicable, by the applicant, shall be the same as provided
    14  in paragraph (b) of this subdivision.
    15    (d) Information submitted on the forms described in paragraph  (b)  of
    16  this subdivision shall be excepted from disclosure and maintained by the
    17  entity  retaining  such  information  separate  and apart from all other
    18  records.
    19    (e) (i) Upon receiving a request for exception  from  disclosure,  the
    20  licensing  officer  shall  grant  such  exception, unless the request is
    21  determined to be null and void, pursuant to paragraph (b) or (c) of this
    22  subdivision.
    23    (ii) A request for an exception from disclosure may  be  submitted  at
    24  any time, including after a license or recertification has been granted.
    25    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    26  of this subdivision, the application information  shall  not  be  public
    27  record,  unless  the  request  is  determined to be null and void. If an
    28  exception is sought and granted pursuant to paragraph (c) of this subdi-
    29  vision, the  information  concerning  such  recertification  application
    30  shall  not be public record, unless the request is determined to be null
    31  and void.
    32    (f) The information of licensees or applicants for a license shall not
    33  be disclosed to the public during the  first  one  hundred  twenty  days
    34  following  the effective date of the chapter of the laws of two thousand
    35  thirteen, which amended this section. After such period, the information
    36  of those who had applied for or been granted  a  license  prior  to  the
    37  preparation  of  the form for requesting an exception, pursuant to para-
    38  graph (b) of this subdivision, may be released only if such  individuals
    39  did not file a request for such an exception during the first sixty days
    40  following  such  preparation;  provided,  however,  that  no information
    41  contained in an application for licensure or  recertification  shall  be
    42  disclosed  by  an  entity  that  has  not  completed processing any such
    43  requests received during such sixty days.
    44    (g) If a request for an exception is determined to be  null  and  void
    45  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    46  request review of such determination pursuant to  article  seventy-eight
    47  of  the  civil  practice  laws  and rules. Such proceeding must commence
    48  within thirty days after service of the written  notice  containing  the
    49  adverse  determination. Notice of the right to commence such a petition,
    50  and the time period therefor, shall be included in  the  notice  of  the
    51  determination.  Disclosure  following  such a petition shall not be made
    52  prior to the disposition of such review.]
    53    § 2. This act shall take effect the first of November next  succeeding
    54  the date on which it shall have become a law.