Bill Text: NY S02073 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the filing of approved applications for licenses for the possession of firearms.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S02073 Detail]
Download: New_York-2021-S02073-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2073 2021-2022 Regular Sessions IN SENATE January 19, 2021 ___________ Introduced by Sens. JORDAN, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the filing of approved applications for licenses to carry, possess, repair and dispose of firearms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 400.00 of the penal law, as 2 amended by chapter 1 of the laws of 2013, subparagraph (iii) of para- 3 graph (e) as amended by chapter 244 of the laws of 2019, is amended to 4 read as follows: 5 5. Filing of approved applications. [(a)] The application for any 6 license, if granted, shall be filed by the licensing officer with the 7 clerk of the county of issuance, except that in the city of New York 8 and, in the counties of Nassau and Suffolk, the licensing officer shall 9 designate the place of filing in the appropriate division, bureau or 10 unit of the police department thereof, and in the county of Suffolk the 11 county clerk is hereby authorized to transfer all records or applica- 12 tions relating to firearms to the licensing authority of that county. 13 [Except as provided in paragraphs (b) through (f) of this subdivision,14the name and address] The application and any supporting records, 15 including any information contained therein, of any person to whom an 16 application for any license has been granted shall not be a public 17 record and shall not be subject to disclosure pursuant to article six of 18 the public officers law. Upon application by a licensee who has changed 19 his or her place of residence such records or applications shall be 20 transferred to the appropriate officer at the licensee's new place of 21 residence. A duplicate copy of such application shall be filed by the 22 licensing officer in the executive department, division of [state23police] criminal justice services, Albany, within ten days after issu- 24 ance of the license. The [superintendent] commissioner of [state police] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01441-01-1S. 2073 2 1 criminal justice services may designate that such application shall be 2 transmitted to the division of [state police] criminal justice services 3 electronically. In the event the [superintendent] commissioner of the 4 division of [state police] criminal justice services determines that it 5 lacks any of the records required to be filed with the division, it may 6 request that such records be provided to it by the appropriate clerk, 7 department or authority and such clerk, department or authority shall 8 provide the division with such records. In the event such clerk, depart- 9 ment or authority lacks such records, the division may request the 10 license holder provide information sufficient to constitute such record 11 and such license holder shall provide the division with such informa- 12 tion. Such information shall be limited to the license holder's name, 13 date of birth, gender, race, residential address, social security number 14 and firearms possessed by said license holder. Nothing in this subdivi- 15 sion shall be construed to change the expiration date or term of such 16 licenses if otherwise provided for in law. Records assembled or 17 collected for purposes of inclusion in the database established by this 18 section shall be released pursuant to a court order. Records assembled 19 or collected for purposes of inclusion in the database created pursuant 20 to section 400.02 of this [chapter] article shall not be subject to 21 disclosure pursuant to article six of the public officers law except 22 that the total number of persons registered in any county of the state 23 may be disclosed without any other identifying information about a 24 registrant. 25 [(b) Each application for a license pursuant to paragraph (a) of this26subdivision shall include, on a separate written form prepared by the27division of state police within thirty days of the effective date of the28chapter of the laws of two thousand thirteen, which amended this29section, and provided to the applicant at the same time and in the same30manner as the application for a license, an opportunity for the appli-31cant to request an exception from his or her application information32becoming public record pursuant to paragraph (a) of this subdivision.33Such forms, which shall also be made available to individuals who had34applied for or been granted a license prior to the effective date of the35chapter of the laws of two thousand thirteen which amended this section,36shall notify applicants that, upon discovery that an applicant knowingly37provided false information, such applicant may be subject to penalties38pursuant to section 175.30 of this chapter, and further, that his or her39request for an exception shall be null and void, provided that written40notice containing such determination is provided to the applicant.41Further, such forms shall provide each applicant an opportunity to spec-42ify the grounds on which he or she believes his or her application43information should not be publicly disclosed. These grounds, which shall44be identified on the application with a box beside each for checking, as45applicable, by the applicant, shall be as follows:46(i) the applicant's life or safety may be endangered by disclosure47because:48(A) the applicant is an active or retired police officer, peace offi-49cer, probation officer, parole officer, or corrections officer;50(B) the applicant is a protected person under a currently valid order51of protection;52(C) the applicant is or was a witness in a criminal proceeding involv-53ing a criminal charge;54(D) the applicant is participating or previously participated as a55juror in a criminal proceeding, or is or was a member of a grand jury;56orS. 2073 3 1(E) the applicant is a spouse, domestic partner or household member of2a person identified in this subparagraph or subparagraph (ii) of this3paragraph, specifying which subparagraph or subparagraphs and clauses4apply.5(ii) the applicant has reason to believe his or her life or safety may6be endangered by disclosure due to reasons stated by the applicant.7(iii) the applicant has reason to believe he or she may be subject to8unwarranted harassment upon disclosure of such information.9(c) Each form provided for recertification pursuant to paragraph (b)10of subdivision ten of this section shall include an opportunity for the11applicant to request an exception from the information provided on such12form becoming public record pursuant to paragraph (a) of this subdivi-13sion. Such forms shall notify applicants that, upon discovery that an14applicant knowingly provided false information, such applicant may be15subject to penalties pursuant to section 175.30 of this chapter, and16further, that his or her request for an exception shall be null and17void, provided that written notice containing such determination is18provided to the applicant. Further, such forms shall provide each appli-19cant an opportunity to either decline to request the grant or continua-20tion of an exception, or specify the grounds on which he or she believes21his or her information should not be publicly disclosed. These grounds,22which shall be identified in the application with a box beside each for23checking, as applicable, by the applicant, shall be the same as provided24in paragraph (b) of this subdivision.25(d) Information submitted on the forms described in paragraph (b) of26this subdivision shall be excepted from disclosure and maintained by the27entity retaining such information separate and apart from all other28records.29(e) (i) Upon receiving a request for exception from disclosure, the30licensing officer shall grant such exception, unless the request is31determined to be null and void, pursuant to paragraph (b) or (c) of this32subdivision.33(ii) A request for an exception from disclosure may be submitted at34any time, including after a license or recertification has been granted.35(iii) If an exception is sought and granted pursuant to paragraph (b)36of this subdivision, the application information shall not be public37record, unless the request is determined to be null and void. If an38exception is sought and granted pursuant to paragraph (c) of this subdi-39vision, the information concerning such recertification application40shall not be public record, unless the request is determined to be null41and void. Notwithstanding the foregoing provisions of this subparagraph,42local and state law enforcement shall, upon request, be granted access43to and copies of such application information provided that such infor-44mation obtained by law enforcement pursuant to this subparagraph shall45not be considered a public record of such law enforcement agency.46(f) The information of licensees or applicants for a license shall not47be disclosed to the public during the first one hundred twenty days48following the effective date of the chapter of the laws of two thousand49thirteen, which amended this section. After such period, the information50of those who had applied for or been granted a license prior to the51preparation of the form for requesting an exception, pursuant to para-52graph (b) of this subdivision, may be released only if such individuals53did not file a request for such an exception during the first sixty days54following such preparation; provided, however, that no information55contained in an application for licensure or recertification shall beS. 2073 4 1disclosed by an entity that has not completed processing any such2requests received during such sixty days.3(g) If a request for an exception is determined to be null and void4pursuant to paragraph (b) or (c) of this subdivision, an applicant may5request review of such determination pursuant to article seventy-eight6of the civil practice laws and rules. Such proceeding must commence7within thirty days after service of the written notice containing the8adverse determination. Notice of the right to commence such a petition,9and the time period therefor, shall be included in the notice of the10determination. Disclosure following such a petition shall not be made11prior to the disposition of such review.] 12 § 2. This act shall take effect the first of November next succeeding 13 the date on which it shall have become a law.