Bill Text: NY S00879 | 2017-2018 | General Assembly | Amended


Bill Title: Limits the application of the "safe act" to the counties of Kings, Queens, Richmond, New York and Bronx.

Spectrum: Partisan Bill (Republican 21-0)

Status: (Introduced) 2017-02-24 - PRINT NUMBER 879C [S00879 Detail]

Download: New_York-2017-S00879-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         879--C
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 5, 2017
                                       ___________
        Introduced  by  Sens.  ORTT,  AKSHAR, AMEDORE, BONACIC, FUNKE, GALLIVAN,
          GRIFFO, HELMING,  LARKIN,  MARCHIONE,  RANZENHOFER,  RITCHIE,  SEWARD,
          TEDISCO,  YOUNG -- read twice and ordered printed, and when printed to
          be committed to the Committee on Codes -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
        AN  ACT  to  amend the criminal procedure law, the family court act, the
          domestic relations law, the general business law, the  judiciary  law,
          the mental hygiene law, the penal law and the surrogate's court proce-
          dure   act,  in  relation  to  limiting  the  application  of  certain
          provisions of law relating to  firearms  to  the  counties  of  Kings,
          Queens,  Richmond, New York and Bronx; and to repeal section 400.02 of
          the penal law relating to the statewide license and record database
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
     2  law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
     3  follows:
     4    2-a. Firearm, rifle or shotgun surrender order  in  certain  counties.
     5  [Upon]  In  the counties of Kings, Queens, Richmond, New York and Bronx,
     6  upon entry of a verdict of not responsible by reason of  mental  disease
     7  or defect, or upon the acceptance of a plea of not responsible by reason
     8  of  mental disease or defect, or upon a finding that the defendant is an
     9  incapacitated person pursuant to article seven hundred  thirty  of  this
    10  chapter, the court shall revoke the defendant's firearm license, if any,
    11  inquire  of  the  defendant  as  to  the  existence  and location of any
    12  firearm, rifle or shotgun owned  or  possessed  by  such  defendant  and
    13  direct  the  surrender  of  such  firearm,  rifle or shotgun pursuant to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04769-07-7

        S. 879--C                           2
     1  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
     2  subdivision six of section 400.05 of the penal law.
     3    § 2. Section 380.96 of the criminal procedure law, as added by chapter
     4  1 of the laws of 2013, is amended to read as follows:
     5  § 380.96 Obligation  of sentencing court in certain counties pursuant to
     6             article four hundred of the penal law.
     7    [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
     8  upon judgment of conviction of  any  offense  which  would  require  the
     9  seizure of firearms, shotguns or rifles from an individual so convicted,
    10  and  the  revocation  of  any license or registration issued pursuant to
    11  article four hundred of the penal law, the  judge  pronouncing  sentence
    12  shall  demand  surrender  of  any  such  license or registration and all
    13  firearms, shotguns and rifles. The failure to so demand surrender  shall
    14  not  effect  the  validity  of  any  revocation pursuant to article four
    15  hundred of the penal law.
    16    § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
    17  as amended by chapter 1 of the laws of 2013,  are  amended  to  read  as
    18  follows:
    19    1.  [Suspension]  Mandatory  and  permissive  suspension  of  firearms
    20  license and ineligibility for such a license  upon  the  issuance  of  a
    21  temporary  order of protection. Whenever a temporary order of protection
    22  is issued pursuant to section eight hundred twenty-eight of  this  arti-
    23  cle, or in the counties of Kings, Queens, Richmond, New York and Bronx,
    24   pursuant to article four, five, six, seven or ten of this act:
    25    (a) the court shall suspend any such existing license possessed by the
    26  respondent,  order  the  respondent  ineligible  for such a license, and
    27  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    28  one of subdivision a of section 265.20 and subdivision  six  of  section
    29  400.05  of  the  penal  law,]  of any or all firearms owned or possessed
    30  where the court receives information that gives the court good cause  to
    31  believe  that:  (i) the respondent has a prior conviction of any violent
    32  felony offense as defined in section 70.02 of the penal  law;  (ii)  the
    33  respondent  has previously been found to have willfully failed to obey a
    34  prior order of protection and such  willful  failure  involved  (A)  the
    35  infliction of physical injury, as defined in subdivision nine of section
    36  10.00 of the penal law, (B) the use or threatened use of a deadly weapon
    37  or  dangerous  instrument  as  those  terms  are defined in subdivisions
    38  twelve and thirteen of section 10.00 of the penal law, or  (C)  behavior
    39  constituting  any  violent felony offense as defined in section 70.02 of
    40  the penal law; or (iii) the respondent has a prior conviction for stalk-
    41  ing in the first degree as defined in section 120.60 of the  penal  law,
    42  stalking  in the second degree as defined in section 120.55 of the penal
    43  law, stalking in the third degree as defined in section  120.50  of  the
    44  penal  law or stalking in the fourth degree as defined in section 120.45
    45  of such law; and
    46    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    47  York and Bronx, shall where the court finds a substantial risk that  the
    48  respondent  may  use or threaten to use a firearm unlawfully against the
    49  person or persons for whose protection the temporary order of protection
    50  is issued, suspend any such existing license possessed by  the  respond-
    51  ent,  order  the respondent ineligible for such a license, and order the
    52  immediate surrender [pursuant to subparagraph (f) of  paragraph  one  of
    53  subdivision a of section 265.20 and subdivision six of section 400.05 of
    54  the penal law,] of any or all firearms owned or possessed.
    55    2.  [Revocation]  Mandatory and permissive revocation or suspension of
    56  firearms license and ineligibility for such a license upon the  issuance

        S. 879--C                           3
     1  of  an  order  of  protection. Whenever an order of protection is issued
     2  pursuant to section eight hundred forty-one of  this  part,  or  in  the
     3  county  of Kings, Queens, Richmond, New York or Bronx, pursuant to arti-
     4  cle four, five, six, seven or ten of this act:
     5    (a)  the court shall revoke any such existing license possessed by the
     6  respondent, order the respondent ineligible  for  such  a  license,  and
     7  order the immediate surrender [pursuant to subparagraph (f) of paragraph
     8  one  of  subdivision  a of section 265.20 and subdivision six of section
     9  400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
    10  where the court finds that the conduct which resulted in the issuance of
    11  the  order of protection involved (i) the infliction of serious physical
    12  injury, as defined in subdivision [nine] ten of  section  10.00  of  the
    13  penal  law, (ii) the use or threatened use of a deadly weapon or danger-
    14  ous instrument as those terms are defined  in  subdivisions  twelve  and
    15  thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
    16  ing  any violent felony offense as defined in section 70.02 of the penal
    17  law; and
    18    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    19  York and Bronx, shall, where the court finds a substantial risk that the
    20  respondent may use or threaten to use a firearm unlawfully  against  the
    21  person  or  persons  for  whose  protection  the  order of protection is
    22  issued, (i) revoke any such existing license possessed by  the  respond-
    23  ent,  order  the  respondent ineligible for such a license and order the
    24  immediate surrender [pursuant to subparagraph (f) of  paragraph  one  of
    25  subdivision a of section 265.20 and subdivision six of section 400.05 of
    26  the  penal  law,]  of  any  or  all  firearms owned or possessed or (ii)
    27  suspend or continue to suspend any such existing  license  possessed  by
    28  the  respondent, order the respondent ineligible for such a license, and
    29  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    30  one of subdivision a of section 265.20 and subdivision  six  of  section
    31  400.05 of the penal law,] of any or all firearms owned or possessed.
    32    3.  [Revocation]  Mandatory and permissive revocation or suspension of
    33  firearms license and ineligibility for such a license upon a finding  of
    34  a  willful  failure  to obey an order of protection or, in the county of
    35  Kings,  Queens,  Richmond,  New  York  or  Bronx,  temporary  order   of
    36  protection.  Whenever  a  respondent has been found, pursuant to section
    37  eight hundred forty-six-a of this part to have willfully failed to  obey
    38  an order of protection or temporary order of protection issued [pursuant
    39  to  this  act  or  the domestic relations law, or] by this court or by a
    40  court of competent jurisdiction in another state, territorial or  tribal
    41  jurisdiction,  in  addition  to any other remedies available pursuant to
    42  section eight hundred forty-six-a of this part:
    43    (a) the court shall revoke any such existing license possessed by  the
    44  respondent,  order  the  respondent  ineligible  for such a license, and
    45  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    46  one of subdivision a of section 265.20 and subdivision  six  of  section
    47  400.05  of  the  penal  law,]  of any or all firearms owned or possessed
    48  where the willful failure to obey such order involves (i) the infliction
    49  of serious physical injury, as defined  in  subdivision  [nine]  ten  of
    50  section  10.00  of  the  penal  law, (ii) the use or threatened use of a
    51  deadly weapon or dangerous instrument as  those  terms  are  defined  in
    52  subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
    53  (iii) behavior constituting any violent felony  offense  as  defined  in
    54  section  70.02  of the penal law; or (iv) behavior constituting stalking
    55  in the first degree as defined in  section  120.60  of  the  penal  law,
    56  stalking  in the second degree as defined in section 120.55 of the penal

        S. 879--C                           4
     1  law, stalking in the third degree as defined in section  120.50  of  the
     2  penal  law or stalking in the fourth degree as defined in section 120.45
     3  of such law; and
     4    (b) the court may and, in the counties of Kings, Queens, Richmond, New
     5  York  and Bronx, shall where the court finds a substantial risk that the
     6  respondent may use or threaten to use a firearm unlawfully  against  the
     7  person  or  persons  for  whose  protection  the order of protection was
     8  issued, (i) revoke any such existing license possessed by  the  respond-
     9  ent,  order the respondent ineligible for such a license, whether or not
    10  the respondent possesses such a license, and order the immediate surren-
    11  der [pursuant to subparagraph (f) of paragraph one of subdivision  a  of
    12  section  265.20 and subdivision six of section 400.05 of the penal law,]
    13  of any or all firearms owned or  possessed  or  (ii)  suspend  any  such
    14  existing license possessed by the respondent, order the respondent inel-
    15  igible  for  such a license, and order the immediate surrender of any or
    16  all firearms owned or possessed.
    17    § 4. Section 846-a of the family court act, as amended by chapter 1 of
    18  the laws of 2013, is amended to read as follows:
    19    § 846-a. Powers on failure to obey order. If a respondent  is  brought
    20  before  the court for failure to obey any lawful order issued under this
    21  article or an order of protection or, in the county  of  Kings,  Queens,
    22  Richmond,  New  York  or  Bronx,  temporary  order  of protection issued
    23  [pursuant to this act or issued] by a court of competent jurisdiction of
    24  another state, territorial or tribal jurisdiction and if, after hearing,
    25  the court is satisfied by competent proof that the respondent has  will-
    26  fully  failed  to  obey any such order, the court may modify an existing
    27  order or, in the county of Kings, Queens, Richmond, New York  or  Bronx,
    28  temporary  order  of protection to add reasonable conditions of behavior
    29  to the existing order, make a new order of protection in accordance with
    30  section eight hundred forty-two of this part, may order  the  forfeiture
    31  of  bail  in  a manner consistent with article five hundred forty of the
    32  criminal procedure law if bail has been ordered pursuant  to  this  act,
    33  may  order  the respondent to pay the petitioner's reasonable and neces-
    34  sary counsel fees in connection with the violation  petition  where  the
    35  court  finds that the violation of its order was willful, and may commit
    36  the respondent to jail for a term not to exceed six months. Such commit-
    37  ment may be served upon certain specified days or parts of days  as  the
    38  court may direct, and the court may, at any time within the term of such
    39  sentence,  revoke  such  suspension  and  commit  the respondent for the
    40  remainder of the original sentence, or suspend  the  remainder  of  such
    41  sentence.  If the court determines that the willful failure to obey such
    42  order involves violent behavior constituting  the  crimes  of  menacing,
    43  reckless  endangerment,  assault  or  attempted  assault  and  if such a
    44  respondent is licensed to carry, possess, repair and dispose of firearms
    45  pursuant to section 400.00 of the penal law, the court  may  also  imme-
    46  diately  revoke such license and may arrange for the immediate surrender
    47  [pursuant to subparagraph (f) of  paragraph  one  of  subdivision  a  of
    48  section  265.20 and subdivision six of section 400.05 of the penal law,]
    49  and disposal of any firearm such respondent owns or  possesses.  If  the
    50  willful  failure  to  obey such order involves the infliction of serious
    51  physical injury as defined in subdivision [nine] ten of section 10.00 of
    52  the penal law or the use or threatened use of a deadly weapon or danger-
    53  ous instrument, as those terms are defined in  subdivisions  twelve  and
    54  thirteen  of section 10.00 of the penal law, such revocation and immedi-
    55  ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
    56  sion a of section 265.20 and subdivision six of section  400.05  of  the

        S. 879--C                           5

     1  penal  law  six]  and  disposal  of  any  firearm  owned or possessed by
     2  respondent shall be mandatory, pursuant to subdivision eleven of section
     3  400.00 of the penal law.
     4    §  5.  Section 446-a of the family court act, as added by chapter 1 of
     5  the laws of 2013, is amended to read as follows:
     6    § 446-a. Firearms; surrender and license  suspension,  revocation  and
     7  ineligibility;  certain  counties.    [Upon]  In  the counties of Kings,
     8  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
     9  protection or temporary order of protection, or upon a violation of such
    10  order, the court shall make a determination regarding the suspension and
    11  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
    12  firearm or firearms, ineligibility for such a license and the  surrender
    13  of firearms in accordance with section eight hundred forty-two-a of this
    14  act.
    15    § 6. Section 552 of the family court act, as added by chapter 1 of the
    16  laws of 2013, is amended to read as follows:
    17    §  552.  Firearms;  surrender  and  license suspension, revocation and
    18  ineligibility; certain  counties.  [Upon]  In  the  counties  of  Kings,
    19  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    20  protection or temporary order of protection, or upon a violation of such
    21  order, the court shall make a determination regarding the suspension and
    22  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
    23  firearm  or firearms, ineligibility for such a license and the surrender
    24  of firearms in accordance with section eight hundred forty-two-a of this
    25  act.
    26    § 7. Section 656-a of the family court act, as added by chapter  1  of
    27  the laws of 2013, is amended to read as follows:
    28    §  656-a.  Firearms;  surrender and license suspension, revocation and
    29  ineligibility; certain  counties.  [Upon]  In  the  counties  of  Kings,
    30  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    31  protection or temporary order of protection, or upon a violation of such
    32  order, the court shall make a determination regarding the suspension and
    33  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
    34  firearm  or firearms, ineligibility for such a license and the surrender
    35  of firearms in accordance with section eight hundred forty-two-a of this
    36  act.
    37    § 8. Section 780-a of the family court act, as added by chapter  1  of
    38  the laws of 2013, is amended to read as follows:
    39    §  780-a.  Firearms;  surrender and license suspension, revocation and
    40  ineligibility; certain  counties.  [Upon]  In  the  counties  of  Kings,
    41  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    42  protection or temporary order of protection, or upon a violation of such
    43  order, the court shall make a determination regarding the suspension and
    44  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
    45  firearm  or firearms, ineligibility for such a license and the surrender
    46  of firearms in accordance with section eight hundred forty-two-a of this
    47  act.
    48    § 9. Section 1056-a of the family court act, as added by chapter 1  of
    49  the laws of 2013, is amended to read as follows:
    50    §  1056-a.  Firearms; surrender and license suspension, revocation and
    51  ineligibility; certain  counties.  [Upon]  In  the  counties  of  Kings,
    52  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    53  protection or temporary order of protection, or upon a violation of such
    54  order, the court shall make an order in accordance  with  section  eight
    55  hundred forty-two-a of this act.

        S. 879--C                           6
     1    §  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
     2  relations law, as amended by chapter 1 of the laws of 2013,  is  amended
     3  to read as follows:
     4    h.  Upon  issuance  of  an  order  of protection or temporary order of
     5  protection or upon a violation of such order, the court may and, in  the
     6  counties  of  Kings,  Queens, Richmond, New York and Bronx, shall make a
     7  determination regarding the suspension and revocation of  a  license  to
     8  carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
     9  ity for such a license and the surrender of firearms in accordance  with
    10  sections  eight hundred forty-two-a and eight hundred forty-six-a of the
    11  family court act, as applicable. Upon issuance of an order of protection
    12  pursuant to this section or upon a finding of a violation  thereof,  the
    13  court  also may direct payment of restitution in an amount not to exceed
    14  ten thousand dollars in accordance with subdivision (e) of section eight
    15  hundred forty-one of such act; provided, however, that in no case  shall
    16  an  order  of  restitution be issued where the court determines that the
    17  party against whom the order would be issued has already compensated the
    18  injured party or where such compensation  is  incorporated  in  a  final
    19  judgment or settlement of the action.
    20    §  11.  Subdivision 9 of section 252 of the domestic relations law, as
    21  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    22    9. Upon issuance of an order  of  protection  or  temporary  order  of
    23  protection  or upon a violation of such order, the court may and, in the
    24  counties of Kings, Queens, Richmond, New York and Bronx,  shall  make  a
    25  determination  regarding  the  suspension and revocation of a license to
    26  carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
    27  ity  for such a license and the surrender of firearms in accordance with
    28  sections eight hundred forty-two-a and eight hundred forty-six-a of  the
    29  family court act, as applicable. Upon issuance of an order of protection
    30  pursuant  to  this section or upon a finding of a violation thereof, the
    31  court also may direct payment of restitution in an amount not to  exceed
    32  ten thousand dollars in accordance with subdivision (e) of section eight
    33  hundred  forty-one of such act; provided, however, that in no case shall
    34  an order of restitution be issued where the court  determines  that  the
    35  party against whom the order would be issued has already compensated the
    36  injured  party  or  where  such  compensation is incorporated in a final
    37  judgment or settlement of the action.
    38    § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
    39  section 530.14 of the criminal procedure law, as amended by chapter 1 of
    40  the laws of 2013, are amended to read as follows:
    41    [Suspension]  Mandatory  and permissive suspension of firearms license
    42  and ineligibility for such a license upon issuance of temporary order of
    43  protection. Whenever a temporary order of protection is issued  pursuant
    44  to  subdivision  one  of  section  530.12  or subdivision one of section
    45  530.13 of this article:
    46    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    47  York and Bronx, shall where the court finds a substantial risk that  the
    48  defendant  may  use  or threaten to use a firearm unlawfully against the
    49  person or persons for whose protection the temporary order of protection
    50  is issued, suspend any such existing license possessed by the defendant,
    51  order the defendant ineligible for such a license and order the  immedi-
    52  ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
    53  sion  a  of  section 265.20 and subdivision six of section 400.05 of the
    54  penal law,] of any or all firearms owned or possessed.

        S. 879--C                           7
     1    § 13. The opening paragraph and paragraph  (b)  of  subdivision  2  of
     2  section 530.14 of the criminal procedure law, as amended by chapter 1 of
     3  the laws of 2013, are amended to read as follows:
     4    [Revocation]  Mandatory  and  permissive  revocation  or suspension of
     5  firearms license and ineligibility for such a license upon  issuance  of
     6  an order of protection. Whenever an order of protection is issued pursu-
     7  ant to subdivision five of section 530.12 or subdivision four of section
     8  530.13 of this article:
     9    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    10  York  and Bronx, shall where the court finds a substantial risk that the
    11  defendant may use or threaten to use a firearm  unlawfully  against  the
    12  person  or  persons  for  whose  protection  the  order of protection is
    13  issued, (i) revoke any such existing license possessed by the defendant,
    14  order the defendant ineligible for such a license and order the  immedi-
    15  ate  surrender of any or all firearms owned or possessed or (ii) suspend
    16  or continue to suspend  any  such  existing  license  possessed  by  the
    17  defendant,  order  the defendant ineligible for such a license and order
    18  the immediate surrender [pursuant to subparagraph (f) of  paragraph  one
    19  of subdivision a of section 265.20 and subdivision six of section 400.05
    20  of the penal law,] of any or all firearms owned or possessed.
    21    §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
    22  section 530.14 of the criminal procedure law, as amended by chapter 1 of
    23  the laws of 2013, are amended to read as follows:
    24    [Revocation] Mandatory and  permissive  revocation  or  suspension  of
    25  firearms  license and ineligibility for such a license upon a finding of
    26  a willful failure to obey an order of protection. Whenever  a  defendant
    27  has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
    28  subdivision eight of section 530.13 of this article  to  have  willfully
    29  failed  to  obey  an  order of protection issued by a court of competent
    30  jurisdiction in this state  or  another  state,  territorial  or  tribal
    31  jurisdiction,  in  addition  to any other remedies available pursuant to
    32  subdivision eleven of section 530.12 or  subdivision  eight  of  section
    33  530.13 of this article:
    34    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    35  York  and Bronx, shall where the court finds a substantial risk that the
    36  defendant may use or threaten to use a firearm  unlawfully  against  the
    37  person  or  persons  for  whose  protection  the order of protection was
    38  issued, (i) revoke any such existing license possessed by the defendant,
    39  order the defendant ineligible for such a license and order the  immedi-
    40  ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
    41  sion  a  of  section 265.20 and subdivision six of section 400.05 of the
    42  penal law,] of any or all firearms owned or possessed  or  (ii)  suspend
    43  any  such existing license possessed by the defendant, order the defend-
    44  ant ineligible for such a license  and  order  the  immediate  surrender
    45  [pursuant  to  subparagraph  (f)  of  paragraph  one of subdivision a of
    46  section 265.20 and subdivision six of section 400.05 of the penal  law,]
    47  of any or all firearms owned or possessed.
    48    §  15.  The  article heading of article 39-DDD of the general business
    49  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
    50  follows:
    51          PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
    52                             IN CERTAIN COUNTIES
    53    §  16.  Subdivision  1  of section 898 of the general business law, as
    54  added by chapter 1 of the laws of 2013, is amended to read as follows:
    55    1. In addition to any other requirements pursuant to state and federal
    56  law, all sales, exchanges or disposals of firearms, rifles or  shotguns,

        S. 879--C                           8
     1  in the counties of Kings, Queens, Richmond, New York and Bronx, shall be
     2  conducted  in accordance with this section unless such sale, exchange or
     3  disposal is conducted by a licensed importer, licensed  manufacturer  or
     4  licensed  dealer,  as those terms are defined in 18 USC § 922, when such
     5  sale, exchange or disposal is conducted pursuant to that person's feder-
     6  al firearms license or  such  sale,  exchange  or  disposal  is  between
     7  members of an immediate family. For purposes of this section, "immediate
     8  family"  shall  mean spouses, domestic partners, children and step-chil-
     9  dren.
    10    § 17. Paragraph (q) of subdivision 2 of section 212 of  the  judiciary
    11  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    12  follows:
    13    (q) Adopt rules to  require  transmission,  to  the  criminal  justice
    14  information  services division of the federal bureau of investigation or
    15  to the division of criminal justice services,  of  the  name  and  other
    16  identifying  information of each person who has a guardian appointed for
    17  him or her pursuant to any provision of state law, based on  a  determi-
    18  nation  that  as  a  result  of  marked  subnormal  intelligence, mental
    19  illness, incapacity, condition or disease, he or she  lacks  the  mental
    20  capacity to contract or manage his or her own affairs. Any such records,
    21  relating  to  persons residing in the county of Kings, Queens, Richmond,
    22  New York or Bronx, transmitted directly to the federal bureau of  inves-
    23  tigation  must  also  be transmitted to the division of criminal justice
    24  services[, and any records received by the division of criminal  justice
    25  services pursuant to this paragraph may be checked against the statewide
    26  license and record database].
    27    §  18.  Subdivision  (j) of section 7.09 of the mental hygiene law, as
    28  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    29    (j) (1) The commissioner, in cooperation with other  applicable  state
    30  agencies,  shall  collect,  retain  or modify data or records, and shall
    31  transmit such data or records: (i) to the division of  criminal  justice
    32  services,  or  to  the criminal justice information services division of
    33  the federal bureau of investigation, for the purposes of  responding  to
    34  queries to the national instant criminal background check system regard-
    35  ing  attempts  to  purchase or otherwise take possession of firearms, as
    36  defined in 18 USC 921(a)(3), in accordance with applicable federal  laws
    37  or  regulations,  or  (ii)  for persons residing in the county of Kings,
    38  Queens, Richmond, New York or Bronx, to the division of criminal justice
    39  services, which may re-disclose such data and records only for determin-
    40  ing whether a license issued pursuant to section 400.00 of the penal law
    41  should be denied, suspended or revoked, under subdivision eleven of such
    42  section, or for determining whether a  person  is  no  longer  permitted
    43  under federal or state law to possess a firearm. Such records, which may
    44  not  be  used  for any other purpose, shall include only names and other
    45  non-clinical identifying information of persons who have  been  involun-
    46  tarily committed to a hospital pursuant to article nine of this chapter,
    47  [or  section four hundred two or subdivision two of section five hundred
    48  eight of the correction law,] or article seven hundred thirty or section
    49  330.20 of the criminal procedure law or sections 322.2 or 353.4  of  the
    50  family  court act, or to a secure treatment facility pursuant to article
    51  ten of this chapter.
    52    (2) The commissioner shall  establish  within  the  office  of  mental
    53  health  an administrative process to permit a person who has been or may
    54  be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
    55  922(4)(d) or who has been or may be disqualified from continuing to have
    56  a  license  to  carry,  possess,  repair,  or dispose of a firearm under

        S. 879--C                           9
     1  section 400.00 of the penal law because such person, who resides in  the
     2  county  of Kings, Queens, Richmond, New York or Bronx, was involuntarily
     3  committed or civilly confined to a facility under  the  jurisdiction  of
     4  the commissioner, to petition for relief from that disability where such
     5  person's  record  and  reputation  are such that such person will not be
     6  likely to act in a manner dangerous  to  public  safety  and  where  the
     7  granting  of  the  relief  would  not  be contrary to public safety. The
     8  commissioner shall promulgate regulations to establish the  relief  from
     9  disabilities  program,  which  shall  include,  but  not  be limited to,
    10  provisions providing for: (i) an opportunity for a  disqualified  person
    11  to  petition for relief in writing; (ii) the authority for the agency to
    12  require that the petitioner  undergo  a  clinical  evaluation  and  risk
    13  assessment;  and (iii) a requirement that the agency issue a decision in
    14  writing explaining the reasons for a denial  or  grant  of  relief.  The
    15  denial  of  a  petition  for relief from disabilities may be reviewed de
    16  novo pursuant to the proceedings  under  article  seventy-eight  of  the
    17  civil practice law and rules.
    18    §  19.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
    19  added by chapter 1 of the laws of 2013, is amended to read as follows:
    20    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
    21  health  professional currently providing treatment services to a person,
    22  who resides in the county of Kings, Queens, Richmond, New York or Bronx,
    23  determines, in the exercise of reasonable  professional  judgment,  that
    24  such  person is likely to engage in conduct that would result in serious
    25  harm to self or others, he or she shall be required to report,  as  soon
    26  as practicable, to the director of community services, or the director's
    27  designee,  who shall report to the division of criminal justice services
    28  whenever he or she agrees that the person is likely to  engage  in  such
    29  conduct.  Information  transmitted  to  the division of criminal justice
    30  services shall be limited to names and  other  non-clinical  identifying
    31  information,  which  may  only be used for determining whether a license
    32  issued pursuant to section 400.00 of the penal law should  be  suspended
    33  or  revoked,  or  for  determining  whether a person is ineligible for a
    34  license issued pursuant to section 400.00 of the penal  law,  or  is  no
    35  longer permitted under state or federal law to possess a firearm.
    36    § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
    37  chapter 1 of the laws of 2013, is amended to read as follows:
    38    22. "Assault weapon" means
    39    (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
    40  sion,  a  semiautomatic rifle that has an ability to accept a detachable
    41  magazine and has at least two of the following characteristics:
    42    (A) a folding or telescoping stock;
    43    (B) a pistol grip that protrudes conspicuously beneath the  action  of
    44  the weapon;
    45    (C) a bayonet mount;
    46    (D)  a  flash  suppressor or threaded barrel designed to accommodate a
    47  flash suppressor;
    48    (E) a grenade launcher; or
    49    (ii) a semiautomatic shotgun that has at least two  of  the  following
    50  characteristics:
    51    (A) a folding or telescoping stock;
    52    (B)  a  pistol grip that protrudes conspicuously beneath the action of
    53  the weapon;
    54    (C) a fixed magazine capacity in excess of five rounds;
    55    (D) an ability to accept a detachable magazine; or

        S. 879--C                          10
     1    (iii) a semiautomatic pistol that has an ability to accept a  detacha-
     2  ble magazine and has at least two of the following characteristics:
     3    (A)  an ammunition magazine that attaches to the pistol outside of the
     4  pistol grip;
     5    (B) a threaded barrel capable of accepting a  barrel  extender,  flash
     6  suppressor, forward handgrip, or silencer;
     7    (C)  a  shroud  that is attached to, or partially or completely encir-
     8  cles, the barrel and that permits the shooter to hold the  firearm  with
     9  the nontrigger hand without being burned;
    10    (D)  a  manufactured weight of fifty ounces or more when the pistol is
    11  unloaded;
    12    (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
    13  or
    14    (iv) any of the weapons, or functioning frames or  receivers  of  such
    15  weapons,  or copies or duplicates of such weapons, in any caliber, known
    16  as:
    17    (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
    18  models);
    19    (B) Action Arms Israeli Military Industries UZI and Galil;
    20    (C) Beretta Ar70 (SC-70);
    21    (D) Colt AR-15;
    22    (E) Fabrique National FN/FAL, FN/LAR, and FNC;
    23    (F) SWD M-10, M-11, M-11/9, and M-12;
    24    (G) Steyr AUG;
    25    (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    26    (I) revolving cylinder shotguns, such as (or similar  to)  the  Street
    27  Sweeper and Striker 12;
    28    (v) provided, however, that such term does not include: (A) any rifle,
    29  shotgun  or pistol that (I) is manually operated by bolt, pump, lever or
    30  slide action; (II) has been rendered permanently inoperable; or (III) is
    31  an antique firearm as defined in 18 U.S.C. 921(a)(16);
    32    (B) a semiautomatic rifle that cannot  accept  a  detachable  magazine
    33  that holds more than five rounds of ammunition;
    34    (C)  a semiautomatic shotgun that cannot hold more than five rounds of
    35  ammunition in a fixed or detachable magazine;
    36    (D) a rifle, shotgun or pistol, or a replica or a  duplicate  thereof,
    37  specified  in  Appendix A to section 922 of 18 U.S.C. as such weapon was
    38  manufactured on October first, nineteen hundred ninety-three.  The  mere
    39  fact that a weapon is not listed in Appendix A shall not be construed to
    40  mean that such weapon is an assault weapon; or
    41    (E)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
    42  pistol or any of the weapons defined in paragraph (d) of  this  subdivi-
    43  sion  lawfully possessed prior to September fourteenth, nineteen hundred
    44  ninety-four; and
    45    (b)  (i) in the counties of Kings,  Queens,  Richmond,  New  York  and
    46  Bronx,  a semiautomatic rifle that has an ability to accept a detachable
    47  magazine and has at least one of the following characteristics:
    48    [(i)] (A) a folding or telescoping stock;
    49    [(ii)] (B) a pistol grip  that  protrudes  conspicuously  beneath  the
    50  action of the weapon;
    51    [(iii)] (C) a thumbhole stock;
    52    [(iv)]  (D) a second handgrip or a protruding grip that can be held by
    53  the non-trigger hand;
    54    [(v)] (E) a bayonet mount;

        S. 879--C                          11
     1    [(vi)] (F) a flash suppressor, muzzle break,  muzzle  compensator,  or
     2  threaded  barrel  designed  to  accommodate  a  flash suppressor, muzzle
     3  break, or muzzle compensator;
     4    [(vii)] (G) a grenade launcher; or
     5    [(b)]  (ii)  a  semiautomatic  shotgun  that  has  at least one of the
     6  following characteristics:
     7    [(i)] (A) a folding or telescoping stock;
     8    [(ii)] (B) a thumbhole stock;
     9    [(iii)] (C) a second handgrip or a protruding grip that can be held by
    10  the non-trigger hand;
    11    [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
    12    [(v)] (E) an ability to accept a detachable magazine; or
    13    [(c)] (iii) a semiautomatic pistol that has an  ability  to  accept  a
    14  detachable  magazine  and  has  at least one of the following character-
    15  istics:
    16    [(i)] (A) a folding or telescoping stock;
    17    [(ii)] (B) a thumbhole stock;
    18    [(iii)] (C) a second handgrip or a protruding grip that can be held by
    19  the non-trigger hand;
    20    [(iv)] (D) capacity to accept an ammunition magazine that attaches  to
    21  the pistol outside of the pistol grip;
    22    [(v)]  (E)  a  threaded barrel capable of accepting a barrel extender,
    23  flash suppressor, forward handgrip, or silencer;
    24    [(vi)] (F) a shroud that is attached to, or  partially  or  completely
    25  encircles,  the  barrel and that permits the shooter to hold the firearm
    26  with the non-trigger hand without being burned;
    27    [(vii)] (G) a manufactured weight of fifty ounces  or  more  when  the
    28  pistol is unloaded; or
    29    [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
    30  firearm;
    31    [(d)] (iv) a revolving cylinder shotgun;
    32    [(e)]  (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
    33  tomatic pistol or weapon defined in former subparagraph (v) of paragraph
    34  (e) of subdivision twenty-two of section 265.00 of this chapter as added
    35  by chapter one hundred eighty-nine of  the  laws  of  two  thousand  and
    36  otherwise lawfully possessed pursuant to such chapter of the laws of two
    37  thousand prior to September fourteenth, nineteen hundred ninety-four;
    38    [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
    39  tomatic  pistol  or  weapon defined in this paragraph or paragraph (a)[,
    40  (b) or (c)] of this subdivision, possessed prior to the date  of  enact-
    41  ment  of  [the]  chapter  one of the laws of two thousand thirteen which
    42  added this paragraph;
    43    [(g)] (vii) provided, however, that such term does not include:
    44    [(i)] (A) any rifle, shotgun or pistol  that  [(A)]  (I)  is  manually
    45  operated  by  bolt,  pump,  lever  or  slide action; [(B)] (II) has been
    46  rendered permanently inoperable; or [(C)] (III) is an antique firearm as
    47  defined in 18 U.S.C.  921(a)(16);
    48    [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
    49  zine that holds more than five rounds of ammunition;
    50    [(iii)] (C) a semiautomatic shotgun that cannot hold  more  than  five
    51  rounds of ammunition in a fixed or detachable magazine; or
    52    [(iv)]  (D)  a  rifle,  shotgun or pistol, or a replica or a duplicate
    53  thereof, specified in Appendix A to 18 U.S.C. 922  as  such  weapon  was
    54  manufactured  on  October first, nineteen hundred ninety-three. The mere
    55  fact that a weapon is not listed in Appendix A shall not be construed to
    56  mean that such weapon is an assault weapon;

        S. 879--C                          12
     1    [(v)] (E)  any  weapon  validly  registered  pursuant  to  subdivision
     2  sixteen-a  of  section  400.00  of  this  chapter. Such weapons shall be
     3  subject to the provisions of [paragraph (h)] subparagraph (viii) of this
     4  [subdivision] paragraph;
     5    [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
     6  least fifty years prior to the current date, but not including  replicas
     7  thereof  that is validly registered pursuant to subdivision sixteen-a of
     8  section 400.00 of this chapter;
     9    [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
    10  (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
    11  nition feeding device that was legally possessed by an individual  prior
    12  to  the enactment of [the] chapter one of the laws of two thousand thir-
    13  teen which added this paragraph, may only be sold to, exchanged with  or
    14  disposed  of  to a purchaser authorized to possess such weapons or to an
    15  individual or entity outside of the state provided that any such  trans-
    16  fer  to an individual or entity outside of the state must be reported to
    17  the entity wherein the weapon is registered within seventy-two hours  of
    18  such  transfer.  An  individual  who  transfers any such weapon or large
    19  capacity ammunition device to an individual inside  New  York  state  or
    20  without  complying with the provisions of this paragraph shall be guilty
    21  of a class A misdemeanor unless such large capacity  ammunition  feeding
    22  device,  the possession of which is made illegal by [the] chapter one of
    23  the laws of two thousand thirteen which added this [paragraph]  subpara-
    24  graph,  is  transferred  within  one year of the effective date of [the]
    25  chapter one of the laws of two thousand thirteen which added this [para-
    26  graph] subparagraph.
    27    § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
    28  chapter 1 of the laws of 2013, is amended to read as follows:
    29    23. "Large capacity ammunition feeding device" means a magazine, belt,
    30  drum, feed strip, or similar device, manufactured after September  thir-
    31  tieth,  nineteen  hundred  ninety-four, that [(a)] has a capacity of, or
    32  that can be readily restored or  converted  to  accept,  more  than  ten
    33  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
    34  tion,  or (c) is obtained after the effective date of the chapter of the
    35  laws of two thousand thirteen which amended this subdivision and  has  a
    36  capacity  of,  or  that  can be readily restored or converted to accept,
    37  more than seven rounds of ammunition]; provided, however, that such term
    38  does not include an attached tubular  device  designed  to  accept,  and
    39  capable  of  operating  only  with, .22 caliber rimfire ammunition [or a
    40  feeding device that is a curio or relic. A  feeding  device  that  is  a
    41  curio or relic is defined as a device that (i) was manufactured at least
    42  fifty  years  prior  to  the current date, (ii) is only capable of being
    43  used exclusively in a firearm, rifle, or shotgun that  was  manufactured
    44  at least fifty years prior to the current date, but not including repli-
    45  cas  thereof,  (iii) is possessed by an individual who is not prohibited
    46  by state or federal law from possessing a firearm and (iv) is registered
    47  with the division of state police pursuant to subdivision  sixteen-a  of
    48  section  400.00 of this chapter, except such feeding devices transferred
    49  into the state may be registered at any time, provided they  are  regis-
    50  tered within thirty days of their transfer into the state. Notwithstand-
    51  ing  paragraph (h) of subdivision twenty-two of this section, such feed-
    52  ing devices may be transferred provided  that  such  transfer  shall  be
    53  subject  to  the  provisions of section 400.03 of this chapter including
    54  the check required to be conducted pursuant to such section].
    55    § 22. Subdivision 24 of section 265.00 of the penal law, as  added  by
    56  chapter 1 of the laws of 2013, is amended to read as follows:

        S. 879--C                          13
     1    24. "Seller of ammunition" means any person, firm, partnership, corpo-
     2  ration  or company who engages in the business of purchasing, selling or
     3  keeping ammunition in the county of Kings, Queens, Richmond, New York or
     4  Bronx.
     5    §  23.  The opening paragraph of section 265.01-b of the penal law, as
     6  added by chapter 1 of the laws of 2013, is amended to read as follows:
     7    A person is guilty of criminal possession of a firearm when he or she,
     8  being a resident of the county of Kings, Queens, Richmond, New  York  or
     9  Bronx:    (1) possesses any firearm or; (2) lawfully possesses a firearm
    10  prior to the effective date of [the] chapter one  of  the  laws  of  two
    11  thousand  thirteen  which added this section subject to the registration
    12  requirements of subdivision sixteen-a of section 400.00 of this  chapter
    13  and  knowingly  fails to register such firearm pursuant to such subdivi-
    14  sion.
    15    § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20  of  the
    16  penal  law, paragraph 3 as amended and paragraph 7-f as added by chapter
    17  1 of the laws of 2013, are amended to read as follows:
    18    3. Possession of a pistol or revolver by a person to  whom  a  license
    19  therefor  has  been issued as provided under section 400.00 or 400.01 of
    20  this chapter or possession, in the county of  Kings,  Queens,  Richmond,
    21  New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
    22  paragraph  [(e)  or (f)] (b) of subdivision twenty-two of section 265.00
    23  of this article which is registered pursuant to paragraph (a) of  subdi-
    24  vision  sixteen-a of section 400.00 of this chapter or is included on an
    25  amended license issued pursuant to section 400.00 of  this  chapter.  In
    26  the  event  such license is revoked, other than because such licensee is
    27  no longer permitted to possess a firearm, rifle or shotgun under federal
    28  or state law, information sufficient  to  satisfy  the  requirements  of
    29  subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
    30  mitted  by  the  licensing officer to the division of state police, in a
    31  form as determined by the superintendent of state  police.  Such  trans-
    32  mission  shall  constitute  a  valid  registration  under  such section.
    33  Further provided, notwithstanding any other section  of  this  title,  a
    34  failure  to  register  such  weapon  by  an individual, in the county of
    35  Kings, Queens, Richmond, New York or Bronx, who  possesses  such  weapon
    36  before  the  enactment  of [the] chapter one of the laws of two thousand
    37  thirteen which amended this paragraph and may  so  lawfully  possess  it
    38  thereafter upon registration, shall only be subject to punishment pursu-
    39  ant  to paragraph (c) of subdivision sixteen-a of section 400.00 of this
    40  chapter; provided,  that  such  a  license  or  registration  shall  not
    41  preclude  a  conviction  for the offense defined in subdivision three of
    42  section 265.01 of this article or section 265.01-a of this article.
    43    7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
    44  device,  in  the  county  of Kings, Queens, Richmond, New York or Bronx,
    45  that contains more than seven rounds of ammunition, but  that  does  not
    46  have  a  capacity  of  or can readily be restored or converted to accept
    47  more than ten rounds of ammunition, at an indoor or outdoor firing range
    48  located in or on premises owned  or  occupied  by  a  duly  incorporated
    49  organization organized for conservation purposes or to foster proficien-
    50  cy  in  arms;  at  an  indoor or outdoor firing range for the purpose of
    51  firing a rifle or shotgun; at a collegiate, olympic or  target  shooting
    52  competition  under  the  auspices  of  or approved by the national rifle
    53  association; or at an organized match sanctioned  by  the  International
    54  Handgun Metallic Silhouette Association.
    55    §  25.  The  opening  paragraph of section 265.36 of the penal law, as
    56  added by chapter 1 of the laws of 2013, is amended to read as follows:

        S. 879--C                          14
     1    It shall be unlawful for a person, in the  county  of  Kings,  Queens,
     2  Richmond, New York or Bronx, to knowingly possess a large capacity ammu-
     3  nition feeding device manufactured before September thirteenth, nineteen
     4  hundred  ninety-four,  and  if such person lawfully possessed such large
     5  capacity  feeding  device before the effective date of [the] chapter one
     6  of the laws of two thousand thirteen which added this section, that  has
     7  a  capacity  of, or that can be readily restored or converted to accept,
     8  more than ten rounds of ammunition.
     9    § 26. The opening paragraph of section 265.37 of  the  penal  law,  as
    10  amended  by  section  2 of part FF of chapter 57 of the laws of 2013, is
    11  amended to read as follows:
    12    It shall be unlawful for a person to knowingly possess, in the  county
    13  of  Kings,  Queens,  Richmond,  New York or Bronx, an ammunition feeding
    14  device where such device contains more than seven rounds of ammunition.
    15    § 27. The opening paragraph of section 265.45 of  the  penal  law,  as
    16  amended  by  section  3 of part FF of chapter 57 of the laws of 2013, is
    17  amended to read as follows:
    18    No person, residing in the county of Kings, Queens, Richmond, New York
    19  or Bronx, who owns or is custodian of a rifle, shotgun  or  firearm  who
    20  resides  with  an individual who such person knows or has reason to know
    21  is prohibited from possessing a firearm pursuant to 18 U.S.C.  §  922(g)
    22  (1),  (4), (8) or (9) shall store or otherwise leave such rifle, shotgun
    23  or firearm out of his or her immediate  possession  or  control  without
    24  having first securely locked such rifle, shotgun or firearm in an appro-
    25  priate  safe  storage depository or rendered it incapable of being fired
    26  by use of a gun locking device appropriate to that weapon. For  purposes
    27  of  this  section  "safe  storage depository" shall mean a safe or other
    28  secure container which, when locked, is incapable of being opened  with-
    29  out  the key, combination or other unlocking mechanism and is capable of
    30  preventing  an  unauthorized  person  from  obtaining  access   to   and
    31  possession of the weapon contained therein. With respect to a person who
    32  is  prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
    33  for purposes of this section, this section applies only if  such  person
    34  has  been  convicted  of  a crime included in subdivision one of section
    35  370.15 of the criminal procedure law and such gun  is  possessed  within
    36  five  years  from  the  later of the date of conviction or completion of
    37  sentence. Nothing in this section shall be deemed to affect,  impair  or
    38  supersede  any  special  or  local  act  relating to the safe storage of
    39  rifles, shotguns or firearms which impose additional requirements on the
    40  owner or custodian of such weapons.
    41    § 28. Subdivision 1 of section 400.00 of the penal law, as amended  by
    42  chapter 1 of the laws of 2013, is amended to read as follows:
    43    1. Eligibility. No license shall be issued or renewed pursuant to this
    44  section  except  by  the licensing officer, and then only after investi-
    45  gation and finding that all statements in a  proper  application  for  a
    46  license  are  true.  No license shall be issued or renewed except for an
    47  applicant (a) twenty-one years of age or older, provided, however,  that
    48  where  such  applicant  has  been  honorably  discharged from the United
    49  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    50  national  guard  of the state of New York, no such age restriction shall
    51  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
    52  anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
    53  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
    54  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
    55  an alien (i) is not illegally or unlawfully in the United States or (ii)
    56  has not been admitted to the United States  under  a  nonimmigrant  visa

        S. 879--C                          15
     1  subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
     2  discharged from the Armed Forces under dishonorable conditions; (h) who,
     3  having been a citizen of the United States, has not renounced his or her
     4  citizenship;  (i) who has stated whether he or she has ever suffered any
     5  mental illness; (j) who, being  a  resident  of  the  county  of  Kings,
     6  Queens,  Richmond, New York or Bronx, has not been involuntarily commit-
     7  ted to a facility under the jurisdiction of an office of the  department
     8  of  mental  hygiene  pursuant  to  article nine or fifteen of the mental
     9  hygiene law, article seven hundred thirty or section 330.20 of the crim-
    10  inal procedure law, section four hundred two or five  hundred  eight  of
    11  the  correction  law, section 322.2 or 353.4 of the family court act, or
    12  has not been civilly confined in a secure treatment facility pursuant to
    13  article ten of the mental hygiene law; (k) who has  not  had  a  license
    14  revoked  or  who is not under a suspension or ineligibility order issued
    15  pursuant to the provisions of section 530.14 of the  criminal  procedure
    16  law or section eight hundred forty-two-a of the family court act; (l) in
    17  the  county  of  Westchester,  who has successfully completed a firearms
    18  safety course and test as  evidenced  by  a  certificate  of  completion
    19  issued  in his or her name and endorsed and affirmed under the penalties
    20  of perjury by a duly authorized instructor, except that: (i) persons who
    21  are honorably discharged from the United States army, navy, marine corps
    22  or coast guard, or of the national guard of the state of New  York,  and
    23  produce  evidence  of official qualification in firearms during the term
    24  of service are not required to have completed those hours of a  firearms
    25  safety  course pertaining to the safe use, carrying, possession, mainte-
    26  nance and storage of a firearm; and (ii) persons who  were  licensed  to
    27  possess  a  pistol or revolver prior to the effective date of this para-
    28  graph are not required to have completed a firearms  safety  course  and
    29  test;  (m)  who,  being a resident of the county of Kings, Queens, Rich-
    30  mond, New York or Bronx, has not had a guardian appointed for him or her
    31  pursuant to any provision of state law, based on a determination that as
    32  a result of marked subnormal intelligence, mental  illness,  incapacity,
    33  condition or disease, he or she lacks the mental capacity to contract or
    34  manage  his  or  her  own affairs; and (n) concerning whom no good cause
    35  exists for the denial of the license. No  person  shall  engage  in  the
    36  business  of  gunsmith or dealer in firearms unless licensed pursuant to
    37  this section. An applicant to engage in such business shall  also  be  a
    38  citizen  of  the  United  States,  more than twenty-one years of age and
    39  maintain a place of business in the city or county where the license  is
    40  issued.  For  such  business, if the applicant is a firm or partnership,
    41  each member thereof shall comply with all of the requirements set  forth
    42  in  this subdivision and if the applicant is a corporation, each officer
    43  thereof shall so comply.
    44    § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
    45  law, as amended by chapter 1 of the laws of 2013, are amended to read as
    46  follows:
    47    4.  Investigation.  Before a license is issued or renewed, there shall
    48  be an investigation of all statements required in the application by the
    49  duly constituted police authorities of the locality where such  applica-
    50  tion  is  made[,  including  but  not  limited to such records as may be
    51  accessible to the division of  state  police  or  division  of  criminal
    52  justice  services  pursuant to section 400.02 of this article]. For that
    53  purpose, the records of the appropriate  office  of  the  department  of
    54  mental  hygiene  concerning  previous  or  present mental illness of the
    55  applicant shall be available for inspection by the investigating officer
    56  of the police authority. In order to  ascertain  any  previous  criminal

        S. 879--C                          16
     1  record,  the investigating officer shall take the fingerprints and phys-
     2  ical descriptive data in quadruplicate of each individual  by  whom  the
     3  application  is  signed  and  verified.  Two copies of such fingerprints
     4  shall  be  taken  on standard fingerprint cards eight inches square, and
     5  one copy may be taken on a card supplied for that purpose by the federal
     6  bureau of investigation; provided, however, that in the case of a corpo-
     7  rate applicant that has already been issued a dealer in firearms license
     8  and seeks to operate a firearm dealership  at  a  second  or  subsequent
     9  location, the original fingerprints on file may be used to ascertain any
    10  criminal  record  in  the second or subsequent application unless any of
    11  the corporate officers have changed  since  the  prior  application,  in
    12  which  case  the  new  corporate  officer  shall  comply with procedures
    13  governing an initial application for such license. When  completed,  one
    14  standard  card  shall  be  forwarded  to and retained by the division of
    15  criminal justice services in the  executive  department,  at  Albany.  A
    16  search  of  the  files  of such division and written notification of the
    17  results of the search to the investigating officer shall be made without
    18  unnecessary delay. Thereafter, such division shall notify the  licensing
    19  officer  and the executive department, division of state police, Albany,
    20  of any criminal record of the applicant filed therein subsequent to  the
    21  search  of its files. A second standard card, or the one supplied by the
    22  federal bureau of investigation, as the case may be, shall be  forwarded
    23  to that bureau at Washington with a request that the files of the bureau
    24  be searched and notification of the results of the search be made to the
    25  investigating  police authority. Of the remaining two fingerprint cards,
    26  one shall be filed with the  executive  department,  division  of  state
    27  police,  Albany,  within ten days after issuance of the license, and the
    28  other remain on file with the investigating police  authority.  No  such
    29  fingerprints  may be inspected by any person other than a peace officer,
    30  who is acting pursuant to his  special  duties,  or  a  police  officer,
    31  except  on  order of a judge or justice of a court of record either upon
    32  notice to the licensee or without notice, as the judge  or  justice  may
    33  deem  appropriate.  Upon  completion  of  the  investigation, the police
    34  authority shall report the results  to  the  licensing  officer  without
    35  unnecessary delay.
    36    5.  Filing  of  approved  applications.  (a)  The  application for any
    37  license, if granted, shall be filed by the licensing  officer  with  the
    38  clerk  of  the  county  of issuance, except that in the city of New York
    39  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    40  designate  the  place  of  filing in the appropriate division, bureau or
    41  unit of the police department thereof, and in the county of Suffolk  the
    42  county  clerk  is  hereby authorized to transfer all records or applica-
    43  tions relating to firearms to the licensing authority  of  that  county.
    44  Except  as  provided  in paragraphs (b) through (f) of this subdivision,
    45  the name and address of any  person  to  whom  an  application  for  any
    46  license has been granted shall be a public record. Upon application by a
    47  licensee who has changed his place of residence such records or applica-
    48  tions  shall be transferred to the appropriate officer at the licensee's
    49  new place of residence. A duplicate copy of such  application  shall  be
    50  filed  by the licensing officer in the executive department, division of
    51  state police, Albany, within ten days after issuance of the license. The
    52  superintendent of state police may designate that such application shall
    53  be transmitted to the division of state police  electronically.  In  the
    54  event the superintendent of the division of state police determines that
    55  it  lacks  any of the records required to be filed with the division, it
    56  may request that such records be  provided  to  it  by  the  appropriate

        S. 879--C                          17
     1  clerk,  department  or authority and such clerk, department or authority
     2  shall provide the division with such records. In the event  such  clerk,
     3  department or authority lacks such records, the division may request the
     4  license  holder provide information sufficient to constitute such record
     5  and such license holder shall provide the division  with  such  informa-
     6  tion.  Such  information  shall be limited to the license holder's name,
     7  date of birth, gender, race, residential address, social security number
     8  and firearms possessed by said license holder. Nothing in this  subdivi-
     9  sion  shall  be  construed to change the expiration date or term of such
    10  licenses if  otherwise  provided  for  in  law.  [Records  assembled  or
    11  collected  for purposes of inclusion in the database established by this
    12  section shall be released pursuant to a court order.  Records  assembled
    13  or  collected for purposes of inclusion in the database created pursuant
    14  to section 400.02 of this chapter shall not  be  subject  to  disclosure
    15  pursuant to article six of the public officers law.]
    16    (b)  Each  application for a license pursuant to paragraph (a) of this
    17  subdivision shall include, on a separate written form  prepared  by  the
    18  division  of  state  police  within thirty days of the effective date of
    19  [the] chapter one of the laws of two thousand  thirteen,  which  amended
    20  this  section, and provided to the applicant at the same time and in the
    21  same manner as the application for a license,  an  opportunity  for  the
    22  applicant  to  request an exception from his or her application informa-
    23  tion becoming public record pursuant to paragraph (a) of  this  subdivi-
    24  sion.  Such forms, which shall also be made available to individuals who
    25  had applied for or been granted a license prior to the effective date of
    26  [the] chapter one of the laws of two  thousand  thirteen  which  amended
    27  this  section,  shall  notify  applicants  that,  upon discovery that an
    28  applicant knowingly provided false information, such  applicant  may  be
    29  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    30  further, that his or her request for an  exception  shall  be  null  and
    31  void,  provided  that  written  notice  containing such determination is
    32  provided to the applicant. Further, such forms shall provide each appli-
    33  cant an opportunity to specify the grounds on which he or  she  believes
    34  his  or  her  application  information should not be publicly disclosed.
    35  These grounds, which shall be identified on the application with  a  box
    36  beside  each  for checking, as applicable, by the applicant, shall be as
    37  follows:
    38    (i) the applicant's life or safety may  be  endangered  by  disclosure
    39  because:
    40    (A)  the applicant is an active or retired police officer, peace offi-
    41  cer, probation officer, parole officer, or corrections officer;
    42    (B) the applicant is a protected person under a currently valid  order
    43  of protection;
    44    (C) the applicant is or was a witness in a criminal proceeding involv-
    45  ing a criminal charge;
    46    (D)  the  applicant  is  participating or previously participated as a
    47  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    48  or
    49    (E) the applicant is a spouse, domestic partner or household member of
    50  a  person  identified  in this subparagraph or subparagraph (ii) of this
    51  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    52  apply.
    53    (ii) the applicant has reason to believe his or her life or safety may
    54  be endangered by disclosure due to reasons stated by the applicant.
    55    (iii)  the applicant has reason to believe he or she may be subject to
    56  unwarranted harassment upon disclosure of such information.

        S. 879--C                          18
     1    (c) [Each form provided for recertification pursuant to paragraph  (b)
     2  of  subdivision ten of this section shall include an opportunity for the
     3  applicant to request an exception from the information provided on  such
     4  form  becoming  public record pursuant to paragraph (a) of this subdivi-
     5  sion.  Such  forms  shall notify applicants that, upon discovery that an
     6  applicant knowingly provided false information, such  applicant  may  be
     7  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
     8  further, that his or her request for an  exception  shall  be  null  and
     9  void,  provided  that  written  notice  containing such determination is
    10  provided to the applicant. Further, such forms shall provide each appli-
    11  cant an opportunity to either decline to request the grant or  continua-
    12  tion of an exception, or specify the grounds on which he or she believes
    13  his  or her information should not be publicly disclosed. These grounds,
    14  which shall be identified in the application with a box beside each  for
    15  checking, as applicable, by the applicant, shall be the same as provided
    16  in paragraph (b) of this subdivision.
    17    (d)]  Information submitted on the forms described in paragraph (b) of
    18  this subdivision shall be excepted from disclosure and maintained by the
    19  entity retaining such information separate  and  apart  from  all  other
    20  records.
    21    [(e)]  (d) (i) Upon receiving a request for exception from disclosure,
    22  the licensing officer shall grant such exception, unless the request  is
    23  determined  to  be  null and void, pursuant to paragraph (b)[ or (c)] of
    24  this subdivision.
    25    (ii) A request for an exception from disclosure may  be  submitted  at
    26  any time, including after a license or recertification has been granted.
    27    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    28  of this subdivision, the application information  shall  not  be  public
    29  record,  unless  the  request  is  determined to be null and void.[If an
    30  exception is sought and granted pursuant to paragraph (c) of this subdi-
    31  vision, the  information  concerning  such  recertification  application
    32  shall  not be public record, unless the request is determined to be null
    33  and void.]
    34    [(f)] (e) The information of licensees or  applicants  for  a  license
    35  shall not be disclosed to the public during the first one hundred twenty
    36  days  following  the  effective date of [the] chapter one of the laws of
    37  two thousand thirteen, which amended this section.  After  such  period,
    38  the  information  of those who had applied for or been granted a license
    39  prior to the preparation of the form for requesting an exception, pursu-
    40  ant to paragraph (b) of this subdivision, may be released only  if  such
    41  individuals  did  not  file  a  request for such an exception during the
    42  first sixty days following such preparation; provided, however, that  no
    43  information contained in an application for licensure or recertification
    44  shall  be  disclosed  by an entity that has not completed processing any
    45  such requests received during such sixty days.
    46    [(g)] (f) If a request for an exception is determined to be  null  and
    47  void  pursuant  to paragraph (b) [or (c)] of this subdivision, an appli-
    48  cant may request review of such determination pursuant to article seven-
    49  ty-eight of the civil practice [laws] law  and  rules.  Such  proceeding
    50  must  commence  within  thirty  days after service of the written notice
    51  containing the adverse determination. Notice of the  right  to  commence
    52  such  a petition, and the time period therefor, shall be included in the
    53  notice of the determination. Disclosure following such a petition  shall
    54  not be made prior to the disposition of such review.
    55    10.  License: expiration, certification and renewal. [(a)] Any license
    56  for gunsmith or dealer in firearms and, in the city  of  New  York,  any

        S. 879--C                          19
     1  license  to  carry  or  possess a pistol or revolver, issued at any time
     2  pursuant to this section or prior to the first  day  of  July,  nineteen
     3  hundred  sixty-three  and not limited to expire on an earlier date fixed
     4  in the license, shall expire not more than three years after the date of
     5  issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, any
     6  license to carry or possess a pistol or revolver,  issued  at  any  time
     7  pursuant  to  this  section  or prior to the first day of July, nineteen
     8  hundred sixty-three and not limited to expire on an earlier  date  fixed
     9  in  the license, shall expire not more than five years after the date of
    10  issuance; however, in the county of Westchester, any such license  shall
    11  be  certified  prior to the first day of April, two thousand, in accord-
    12  ance with a schedule to be contained in regulations promulgated  by  the
    13  commissioner  of  the  division  of criminal justice services, and every
    14  such license shall be  recertified  every  five  years  thereafter.  For
    15  purposes  of  this  section  certification  shall mean that the licensee
    16  shall provide to the licensing officer the following  information  only:
    17  current name, date of birth, current address, and the make, model, cali-
    18  ber  and serial number of all firearms currently possessed. Such certif-
    19  ication information shall be filed by the licensing officer in the  same
    20  manner  as  an amendment. Elsewhere than in the city of New York and the
    21  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
    22  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
    23  section or prior to the first day of July, nineteen hundred  sixty-three
    24  and  not  previously  revoked or cancelled, shall be in force and effect
    25  until revoked as herein provided. Any license not  previously  cancelled
    26  or  revoked shall remain in full force and effect for thirty days beyond
    27  the stated expiration date on such license. Any application to  renew  a
    28  license that has not previously expired, been revoked or cancelled shall
    29  thereby extend the term of the license until disposition of the applica-
    30  tion  by the licensing officer. In the case of a license for gunsmith or
    31  dealer in firearms, in counties having a population  of  less  than  two
    32  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
    33  submitted on original applications and upon renewal thereafter  only  at
    34  six  year  intervals.  Upon  satisfactory  proof  that a currently valid
    35  original license has been despoiled, lost or otherwise removed from  the
    36  possession of the licensee and upon application containing an additional
    37  photograph  of  the licensee, the licensing officer shall issue a dupli-
    38  cate license.
    39    [(b) All licensees shall be  recertified  to  the  division  of  state
    40  police every five years thereafter. Any license issued before the effec-
    41  tive  date  of  the  chapter  of the laws of two thousand thirteen which
    42  added this paragraph shall be recertified by the licensee on  or  before
    43  January  thirty-first, two thousand eighteen, and not less than one year
    44  prior to such date, the state police shall send a notice to all  license
    45  holders  who  have  not  recertified  by such time. Such recertification
    46  shall be in a form as approved by the superintendent  of  state  police,
    47  which  shall  request  the license holder's name, date of birth, gender,
    48  race, residential address, social security number, firearms possessed by
    49  such license holder, email address at the option of the  license  holder
    50  and  an  affirmation  that  such  license  holder is not prohibited from
    51  possessing firearms. The form may be in an electronic form if so  desig-
    52  nated  by the superintendent of state police. Failure to recertify shall
    53  act as a revocation of such  license.  If  the  New  York  state  police
    54  discover  as  a  result  of  the recertification process that a licensee
    55  failed to provide a change of address, the New York state  police  shall
    56  not require the licensing officer to revoke such license.]

        S. 879--C                          20
     1    11. License: revocation and suspension. (a) The conviction of a licen-
     2  see  anywhere  of a felony or serious offense [or a licensee at any time
     3  becoming ineligible to obtain a license under this section] shall  oper-
     4  ate  as  a  revocation  of  the  license.  A  license  may be revoked or
     5  suspended  as  provided  for in section 530.14 of the criminal procedure
     6  law or section eight hundred forty-two-a of the family court act. Except
     7  for a license issued pursuant to  section  400.01  of  this  article,  a
     8  license  may  be  revoked  and  cancelled at any time in the city of New
     9  York, and in the counties of Nassau and Suffolk, by the licensing  offi-
    10  cer,  and elsewhere than in the city of New York by any judge or justice
    11  of a court of record; a license issued pursuant  to  section  400.01  of
    12  this  article  may be revoked and cancelled at any time by the licensing
    13  officer or any judge or justice of  a  court  of  record.  The  official
    14  revoking a license shall give written notice thereof without unnecessary
    15  delay to the executive department, division of state police, Albany, and
    16  shall also notify immediately the duly constituted police authorities of
    17  the locality.
    18    (b)  Whenever  the  director  of community services in the counties of
    19  Kings, Queens, Richmond, New York and Bronx,  or  his  or  her  designee
    20  makes  a  report pursuant to section 9.46 of the mental hygiene law, the
    21  division of criminal justice services  shall  convey  such  information,
    22  whenever  it  determines that the person named in the report possesses a
    23  license issued pursuant to this section, to  the  appropriate  licensing
    24  official, who shall issue an order suspending or revoking such license.
    25    (c)  In  any  instance  in  which  a  person's license is suspended or
    26  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    27  shall  surrender  such license to the appropriate licensing official and
    28  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
    29  person  shall be surrendered to an appropriate law enforcement agency as
    30  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
    31  section  265.20  of  this  chapter.  In the event such license, firearm,
    32  shotgun, or rifle is not surrendered, such items shall  be  removed  and
    33  declared  a  nuisance  and  any  police  officer or peace officer acting
    34  pursuant to his or her special duties is authorized to  remove  any  and
    35  all such weapons.
    36    12.  Records required of gunsmiths and dealers in firearms. Any person
    37  licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
    38  approved  as to form, except in the city of New York, by the superinten-
    39  dent of state police. In the record book shall be entered at the time of
    40  every transaction involving a firearm the date,  name,  age,  occupation
    41  and residence of any person from whom a firearm is received or to whom a
    42  firearm  is delivered, and the calibre, make, model, manufacturer's name
    43  and serial number, or if none, any other distinguishing number or  iden-
    44  tification  mark  on  such  firearm.  Before delivering a firearm to any
    45  person, the licensee shall require him to produce either a license valid
    46  under this section to carry or possess the  same,  or  proof  of  lawful
    47  authority  as  an  exempt  person  pursuant  to  section  265.20 of this
    48  chapter.  In addition, before delivering a firearm to a  peace  officer,
    49  the  licensee  shall verify that person's status as a peace officer with
    50  the division of state police. After completing the foregoing, the licen-
    51  see shall remove and retain the attached coupon and enter in the  record
    52  book the date of such license, number, if any, and name of the licensing
    53  officer,  in the case of the holder of a license to carry or possess, or
    54  the shield or other number, if any, assignment and department,  unit  or
    55  agency, in the case of an exempt person. The original transaction report
    56  shall  be  forwarded  to the division of state police within ten days of

        S. 879--C                          21
     1  delivering a firearm to any person, and a duplicate copy shall  be  kept
     2  by  the  licensee. The superintendent of state police may designate that
     3  such record shall be completed and transmitted  in  electronic  form.  A
     4  dealer  may  be granted a waiver from transmitting such records in elec-
     5  tronic form if the superintendent determines that such dealer is incapa-
     6  ble of such transmission due to technological limitations that  are  not
     7  reasonably  within  the  control  of  the  dealer,  or other exceptional
     8  circumstances demonstrated by the dealer, pursuant to a  process  estab-
     9  lished  in  regulation,  and  at  the  discretion of the superintendent.
    10  [Records assembled or collected for purposes of inclusion in  the  data-
    11  base  created  pursuant  to  section 400.02 of this article shall not be
    12  subject to disclosure pursuant to article six  of  the  public  officers
    13  law.]  The record book shall be maintained on the premises mentioned and
    14  described in the license and shall be open at all reasonable  hours  for
    15  inspection  by any peace officer, acting pursuant to his special duties,
    16  or police officer. In the event of cancellation  or  revocation  of  the
    17  license  for  gunsmith or dealer in firearms, or discontinuance of busi-
    18  ness by a licensee, such record book shall be immediately surrendered to
    19  the licensing officer in the city of New York, and in  the  counties  of
    20  Nassau  and Suffolk, and elsewhere in the state to the executive depart-
    21  ment, division of state police.
    22    § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
    23  chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
    24  the laws of 2013, is amended to read as follows:
    25    16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
    26  or (f)] subparagraph (v) or (vi) of paragraph (b) of  subdivision  twen-
    27  ty-two  of  section 265.00 of this chapter, who resides in the county of
    28  Kings, Queens, Richmond, New York or Bronx, possessed before the date of
    29  the effective date of [the] chapter one of  the  laws  of  two  thousand
    30  thirteen  which added this paragraph, must make an application to regis-
    31  ter such weapon with the superintendent of state police, in  the  manner
    32  provided by the superintendent, or by amending a license issued pursuant
    33  to  this  section within one year of the effective date of this subdivi-
    34  sion except any weapon defined under [subparagraph (vi)] clause  (F)  of
    35  subparagraph  (vii)  of paragraph [(g)] (b) of subdivision twenty-two of
    36  section 265.00 of this chapter transferred into the state may be  regis-
    37  tered  at  any  time, provided such weapons are registered within thirty
    38  days of their transfer into the state.  Registration  information  shall
    39  include  the registrant's name, date of birth, gender, race, residential
    40  address, social security number and a description of each  weapon  being
    41  registered. A registration in the county of Kings, Queens, Richmond, New
    42  York  or  Bronx,  of any weapon defined under [subparagraph (vi)] clause
    43  (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision  twenty-
    44  two  of  section 265.00 or a feeding device as defined under subdivision
    45  twenty-three of section 265.00 of this chapter  shall  be  transferable,
    46  provided  that  the  seller notifies the division of state police within
    47  seventy-two hours of the transfer and the buyer provides the division of
    48  state police with information sufficient to  constitute  a  registration
    49  under  this section. Such registration shall not be valid if such regis-
    50  trant is prohibited or becomes  prohibited  from  possessing  a  firearm
    51  pursuant  to  state  or  federal law. The superintendent shall determine
    52  whether such registrant is prohibited from possessing  a  firearm  under
    53  state or federal law. Such check shall be limited to determining whether
    54  the  factors  in  18  USC 922 (g) apply or whether a registrant has been
    55  convicted of a serious offense as defined in  subdivision  sixteen-b  of
    56  section  265.00  of this chapter, so as to prohibit such registrant from

        S. 879--C                          22
     1  possessing a firearm, and whether a report has been issued  pursuant  to
     2  section  9.46  of  the mental hygiene law.  [All] Such registrants shall
     3  recertify to the division of state police every five  years  thereafter.
     4  Failure to recertify shall result in a revocation of such registration.
     5    (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
     6  this subdivision, an owner, who resides in the county of Kings,  Queens,
     7  Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
     8  sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
     9  retired New York or federal law enforcement officer as defined in subdi-
    10  vision twenty-five of section 265.00 of this chapter, where such  weapon
    11  was  issued  to  or purchased by such officer prior to retirement and in
    12  the course of his or her official duties, and for which such officer was
    13  qualified by the agency that employed such officer within twelve  months
    14  prior  to  his or her retirement, must register such weapon within sixty
    15  days of retirement.
    16    (b) The superintendent of state police shall create  and  maintain  an
    17  internet  website  to  educate  the  public, who reside in the county of
    18  Kings, Queens, Richmond, New York or Bronx, as  to  which  semiautomatic
    19  rifle,  semiautomatic shotgun or semiautomatic pistol or weapon that are
    20  illegal as a result of the enactment of [the] chapter one of the laws of
    21  two thousand thirteen which  added  this  paragraph,  as  well  as  such
    22  assault  weapons  which  are  illegal  pursuant  to  article two hundred
    23  sixty-five of this chapter. Such website shall  contain  information  to
    24  assist [the] such public in recognizing the relevant features proscribed
    25  by  such article two hundred sixty-five, as well as which make and model
    26  of weapons that require registration.
    27    (c) A person, who resides in the county of  Kings,  Queens,  Richmond,
    28  New York or Bronx, who knowingly fails to apply to register such weapon,
    29  as  required  by  this section, within one year of the effective date of
    30  [the] chapter one of the laws of two thousand thirteen which added  this
    31  paragraph  shall  be guilty of a class A misdemeanor and such person who
    32  unknowingly fails to validly register such weapon within such  one  year
    33  period  shall  be  given  a  warning  by  an appropriate law enforcement
    34  authority about such failure and given thirty days in which to apply  to
    35  register such weapon or to surrender it. A failure to apply or surrender
    36  such  weapon  within  such thirty-day period shall result in such weapon
    37  being removed by an appropriate law enforcement authority and declared a
    38  nuisance.
    39    § 31. Section 400.02 of the penal law is REPEALED.
    40    § 32. Section 400.03 of the penal law, as added by chapter  1  of  the
    41  laws of 2013, is amended to read as follows:
    42  § 400.03 Sellers of ammunition.
    43    1.  A  seller  of  ammunition as defined in subdivision twenty-four of
    44  section 265.00 of this chapter doing business in the  county  of  Kings,
    45  Queens, Richmond, New York or Bronx, shall register with the superinten-
    46  dent  of  state  police  in a manner provided by the superintendent. Any
    47  dealer in firearms that is validly licensed pursuant to  section  400.00
    48  of this article shall not be required to complete such registration.
    49    2.  Any  seller  of ammunition or dealer in firearms doing business in
    50  the county of Kings, Queens, Richmond, New York or Bronx, shall  keep  a
    51  record  book  approved as to form by the superintendent of state police.
    52  In the record book shall be entered at the  time  of  every  transaction
    53  involving  ammunition  the  date, name, age, occupation and residence of
    54  any person from whom ammunition is received or  to  whom  ammunition  is
    55  delivered,  and  the  amount,  calibre,  manufacturer's  name and serial
    56  number, or if none, any other distinguishing  number  or  identification

        S. 879--C                          23
     1  mark  on  such  ammunition.  The  record book shall be maintained on the
     2  premises mentioned and described in the license and shall be open at all
     3  reasonable hours for inspection by any peace officer, acting pursuant to
     4  his or her special duties, or police officer. Any record produced pursu-
     5  ant to this section and any transmission thereof to any government agen-
     6  cy  shall  not be considered a public record for purposes of article six
     7  of the public officers law.
     8    3. [No later than thirty days after the superintendent  of  the  state
     9  police  certifies  that the statewide license and record database estab-
    10  lished pursuant to section 400.02 of this article is operational for the
    11  purposes of this section, a] A dealer in firearms licensed  pursuant  to
    12  section  400.00  of  this  article, a seller of ammunition as defined in
    13  subdivision twenty-four of section 265.00 of this chapter doing business
    14  in the county of Kings, Queens, Richmond, New York or Bronx,  shall  not
    15  transfer  any  ammunition  to  any  other  person who is not a dealer in
    16  firearms as defined in subdivision nine of  such  section  265.00  or  a
    17  seller  of  ammunition  as defined in subdivision twenty-four of section
    18  265.00 of this chapter, unless:
    19    (a) before the completion of the  transfer,  the  licensee  or  seller
    20  contacts  the  [statewide license and record database] superintendent of
    21  state police and provides the [database] superintendent with information
    22  sufficient to identify such dealer or seller, transferee based on infor-
    23  mation on the transferee's identification document as defined  in  para-
    24  graph  (c) of this subdivision, as well as the amount, calibre, manufac-
    25  turer's name and serial number, if any, of such ammunition;
    26    (b) the [system] superintendent provides the licensee or seller with a
    27  unique identification number; and
    28    (c) the transferor has verified the  identity  of  the  transferee  by
    29  examining a valid state identification document of the transferee issued
    30  by  the department of motor vehicles or if the transferee is not a resi-
    31  dent of the state of New York, a valid identification document issued by
    32  the transferee's state or country of residence containing  a  photograph
    33  of the transferee.
    34    4.  If  the  [database] superintendent of state police determines that
    35  the purchaser of ammunition is eligible to possess  ammunition  pursuant
    36  to state and federal laws, [the system] he or she shall:
    37    (a) assign a unique identification number to the transfer; and
    38    (b) provide the licensee or seller with the number.
    39    5.  If  the  [statewide license and record database] superintendent of
    40  state police notifies the licensee or seller that the information avail-
    41  able [to the database] does not demonstrate that the receipt of  ammuni-
    42  tion  by  such other person would violate 18 U.S.C. 922(g) or state law,
    43  and the licensee transfers ammunition to such other person, the licensee
    44  shall indicate to the [database] superintendent  that  such  transaction
    45  has  been completed at which point a record of such transaction shall be
    46  created which shall be accessible by the division of  state  police  and
    47  maintained  for  no  longer than one year from point of purchase[, which
    48  shall not be incorporated into  the  database  established  pursuant  to
    49  section  400.02  of this article or the registry established pursuant to
    50  subdivision sixteen-a of section 400.00 of this article].  The  division
    51  of  state police may share such information with a local law enforcement
    52  agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
    53  establish  probable  cause to believe that the purchaser has committed a
    54  crime absent other information tending to  prove  the  commission  of  a
    55  crime.  Records assembled or accessed pursuant to this section shall not
    56  be subject to disclosure pursuant to article six of the public  officers

        S. 879--C                          24
     1  law.  This  requirement  of  this section shall not apply (i) if a back-
     2  ground check cannot be completed because the system is  not  operational
     3  as  determined by the superintendent of state police, or where it cannot
     4  be  accessed  by  the  practitioner  due to a temporary technological or
     5  electrical failure, as set forth in regulation,  or  (ii)  a  dealer  or
     6  seller  has  been granted a waiver from conducting such background check
     7  if the superintendent of state police determines  that  such  dealer  is
     8  incapable  of  such  check due to technological limitations that are not
     9  reasonably within the  control  of  the  dealer,  or  other  exceptional
    10  circumstances  demonstrated  by the dealer, pursuant to a process estab-
    11  lished in regulation, and at the discretion of such superintendent.
    12    6. If the superintendent of state  police  certifies  that  background
    13  checks  of  ammunition  purchasers in the county of Kings, Queens, Rich-
    14  mond, New York or Bronx may be conducted through  the  national  instant
    15  criminal  background  check  system,  use  of that system by a dealer or
    16  seller shall be sufficient to satisfy subdivisions four and five of this
    17  section and such checks shall be conducted through such system, provided
    18  that a record of such transaction shall be forwarded to the state police
    19  in a form determined by the superintendent.
    20    7. No commercial transfer of ammunition shall take place in the county
    21  of Kings, Queens, Richmond, New York or Bronx unless a  licensed  dealer
    22  in  firearms  or registered seller of ammunition acts as an intermediary
    23  between the transferor and the ultimate transferee of the ammunition for
    24  the purposes of contacting the statewide  license  and  record  database
    25  pursuant  to  this  section. Such transfer between the dealer or seller,
    26  and transferee must occur in person.
    27    8. A seller of ammunition who  fails  to  register  pursuant  to  this
    28  section  and sells ammunition, for a first offense, shall be guilty of a
    29  violation and subject to the fine of one  thousand  dollars  and  for  a
    30  second offense, shall be guilty of a class A misdemeanor.
    31    A seller of ammunition that fails to keep any record required pursuant
    32  to  this section, for a first offense shall be guilty of a violation and
    33  subject to a fine of five hundred dollars,  and  for  a  second  offense
    34  shall  be  guilty of a class B misdemeanor, and the registration of such
    35  seller shall be revoked.
    36    § 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
    37  400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
    38  are amended to read as follows:
    39    (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
    40  firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
    41  on;  (ii)  in  the county of Kings, Queens, Richmond, New York or Bronx,
    42  ammunition as well as a firearm, rifle or shotgun who suffers  the  loss
    43  or  theft  of such ammunition as well as a firearm, rifle or shotgun; or
    44  (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
    45  nition and is a dealer in firearms or seller of ammunition  who  suffers
    46  the  loss  or theft of such ammunition shall within twenty-four hours of
    47  the discovery of the loss or theft report the facts and circumstances of
    48  the loss or theft to a police department or sheriff's office.
    49    3. Notwithstanding any other provision of law, a  violation  of  para-
    50  graph  (a) of subdivision one of this section shall be [a class A misde-
    51  meanor] punishable only by a fine not to exceed one hundred dollars.
    52    § 34. Section 2509 of the surrogate's court procedure act, as added by
    53  chapter 1 of the laws of 2013, is amended to read as follows:
    54  § 2509. Firearms inventory
    55    Whenever, by regulation, rule or statute, a fiduciary or  attorney  of
    56  record  in the county of Kings, Queens, Richmond, New York or Bronx must

        S. 879--C                          25
     1  file a list of assets constituting a decedent's estate, such  list  must
     2  include  a  particularized  description  of  every  firearm, shotgun and
     3  rifle, as such terms are defined in section 265.00  of  the  penal  law,
     4  that  are  part  of such estate. Such list must be filed with the surro-
     5  gate's court in the county in which the estate proceeding,  if  any,  is
     6  pending  and  a copy must be filed with the division of criminal justice
     7  services.
     8    § 35. This act shall take effect immediately.
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