Bill Text: NY S02338 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to firearms; authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; relates to reports of substantial risk or threat of harm by mental health professionals.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S02338 Detail]

Download: New_York-2023-S02338-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2338

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced by Sen. OBERACKER -- 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 authorizing the transfer
          of certain weapons from an  estate  to  an  immediate  member  of  the
          decedent's  family;  to amend the penal law, in relation to the filing
          of approved applications for licenses to carry,  possess,  repair  and
          dispose  of  firearms; to amend the mental hygiene law, in relation to
          reports of substantial risk or threat of harm by mental health profes-
          sionals; to amend the penal law, in relation  to  licenses  to  carry,
          possess,  repair and dispose of firearms; and to repeal section 400.03
          of the penal law relating to sellers of ammunition

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Section 400.03 of the penal law is REPEALED.
     2    §  2.  Paragraph  (g) of subdivision 22 of section 265.00 of the penal
     3  law is amended by adding a new subparagraph (vii) to read as follows:
     4    (vii) any weapon legally possessed and validly registered pursuant  to
     5  subdivision  sixteen-a  of  section 400.00 of this chapter prior to such
     6  person's death and bequeathed or passed through intestacy to an  immedi-
     7  ate  family member of the deceased. Such weapons shall be subject to the
     8  provisions of paragraph (h) of this subdivision. For  purposes  of  this
     9  subparagraph,  the  meaning  of immediate family member is as defined by
    10  subdivision one of section eight hundred  ninety-eight  of  the  general
    11  business law;
    12    §  3.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
    13  law, as amended by chapter 209 of the laws of 2022, is amended  to  read
    14  as follows:
    15    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
    16  may  only  be  sold  to,  exchanged  with  or disposed of to a purchaser
    17  authorized to possess such weapons or to an individual or entity outside
    18  of the state provided that any such transfer to an individual or  entity

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06793-01-3
        S. 2338                             2

     1  outside  of  the state must be reported to the entity wherein the weapon
     2  is registered within seventy-two hours of such transfer.  An  individual
     3  who  transfers any such weapon to an individual inside New York state or
     4  without  complying with the provisions of this paragraph shall be guilty
     5  of a class A misdemeanor.
     6    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
     7  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
     8  that was legally possessed and validly registered by an individual prior
     9  to his or her death may be transferred by the estate of such  individual
    10  to  one  of  his  or  her immediate family members. For purposes of this
    11  subparagraph, the meaning of immediate family member is  as  defined  by
    12  subdivision  one  of  section  eight hundred ninety-eight of the general
    13  business law.
    14    § 4. Subdivision 5 of section 400.00 of the penal law, as  amended  by
    15  chapter  1  of  the laws of 2013, subparagraph (iii) of paragraph (e) as
    16  amended by chapter 244 of the laws  of  2019,  is  amended  to  read  as
    17  follows:
    18    5.  Filing  of  approved  applications.  [(a)] The application for any
    19  license, if granted, shall be filed by the licensing  officer  with  the
    20  clerk  of  the  county  of issuance, except that in the city of New York
    21  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    22  designate  the  place  of  filing in the appropriate division, bureau or
    23  unit of the police department thereof, and in the county of Suffolk  the
    24  county  clerk  is  hereby authorized to transfer all records or applica-
    25  tions relating to firearms to the licensing authority  of  that  county.
    26  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    27  the name and  address]  The  application  and  any  supporting  records,
    28  including  any  information  contained therein, of any person to whom an
    29  application for any license has been  granted  shall  not  be  a  public
    30  record and shall not be subject to disclosure pursuant to article six of
    31  the  public officers law. Upon application by a licensee who has changed
    32  his or her place of residence such  records  or  applications  shall  be
    33  transferred  to  the  appropriate officer at the licensee's new place of
    34  residence. A duplicate copy of such application shall be  filed  by  the
    35  licensing  officer  in  the  executive  department,  division  of [state
    36  police] criminal justice services, Albany, within ten days  after  issu-
    37  ance of the license. The [superintendent] commissioner of [state police]
    38  criminal  justice  services may designate that such application shall be
    39  transmitted to the division of [state police] criminal justice  services
    40  electronically.  In  the  event the [superintendent] commissioner of the
    41  division of [state police] criminal justice services determines that  it
    42  lacks  any of the records required to be filed with the division, it may
    43  request that such records be provided to it by  the  appropriate  clerk,
    44  department  or  authority  and such clerk, department or authority shall
    45  provide the division with such records. In the event such clerk, depart-
    46  ment or authority lacks such  records,  the  division  may  request  the
    47  license  holder provide information sufficient to constitute such record
    48  and such license holder shall provide the division  with  such  informa-
    49  tion.  Such  information  shall be limited to the license holder's name,
    50  date of birth, gender, race, residential address, social security number
    51  and firearms possessed by said license holder. Nothing in this  subdivi-
    52  sion  shall  be  construed to change the expiration date or term of such
    53  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    54  collected  for purposes of inclusion in the database established by this
    55  section shall be released pursuant to a court order.  Records  assembled
    56  or  collected for purposes of inclusion in the database created pursuant
        S. 2338                             3

     1  to section 400.02 of this [chapter] article  shall  not  be  subject  to
     2  disclosure  pursuant  to  article  six of the public officers law except
     3  that the total number of persons registered in any county of  the  state
     4  may  be  disclosed  without  any  other  identifying information about a
     5  registrant.
     6    [(b) Each application for a license pursuant to paragraph (a) of  this
     7  subdivision  shall  include,  on a separate written form prepared by the
     8  division of state police within thirty days of the effective date of the
     9  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    10  section,  and provided to the applicant at the same time and in the same
    11  manner as the application for a license, an opportunity for  the  appli-
    12  cant  to  request  an  exception from his or her application information
    13  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    14  Such  forms,  which  shall also be made available to individuals who had
    15  applied for or been granted a license prior to the effective date of the
    16  chapter of the laws of two thousand thirteen which amended this section,
    17  shall notify applicants that, upon discovery that an applicant knowingly
    18  provided false information, such applicant may be subject  to  penalties
    19  pursuant to section 175.30 of this chapter, and further, that his or her
    20  request  for  an exception shall be null and void, provided that written
    21  notice containing such  determination  is  provided  to  the  applicant.
    22  Further, such forms shall provide each applicant an opportunity to spec-
    23  ify  the  grounds  on  which  he  or she believes his or her application
    24  information should not be publicly disclosed. These grounds, which shall
    25  be identified on the application with a box beside each for checking, as
    26  applicable, by the applicant, shall be as follows:
    27    (i) the applicant's life or safety may  be  endangered  by  disclosure
    28  because:
    29    (A)  the applicant is an active or retired police officer, peace offi-
    30  cer, probation officer, parole officer, or corrections officer;
    31    (B) the applicant is a protected person under a currently valid  order
    32  of protection;
    33    (C) the applicant is or was a witness in a criminal proceeding involv-
    34  ing a criminal charge;
    35    (D)  the  applicant  is  participating or previously participated as a
    36  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    37  or
    38    (E) the applicant is a spouse, domestic partner or household member of
    39  a  person  identified  in this subparagraph or subparagraph (ii) of this
    40  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    41  apply.
    42    (ii) the applicant has reason to believe his or her life or safety may
    43  be endangered by disclosure due to reasons stated by the applicant.
    44    (iii)  the applicant has reason to believe he or she may be subject to
    45  unwarranted harassment upon disclosure of such information.
    46    (c) Each form provided for recertification pursuant to  paragraph  (b)
    47  of  subdivision ten of this section shall include an opportunity for the
    48  applicant to request an exception from the information provided on  such
    49  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    50  sion. Such forms shall notify applicants that, upon  discovery  that  an
    51  applicant  knowingly  provided  false information, such applicant may be
    52  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    53  further,  that  his  or  her  request for an exception shall be null and
    54  void, provided that written  notice  containing  such  determination  is
    55  provided to the applicant. Further, such forms shall provide each appli-
    56  cant  an opportunity to either decline to request the grant or continua-
        S. 2338                             4

     1  tion of an exception, or specify the grounds on which he or she believes
     2  his or her information should not be publicly disclosed. These  grounds,
     3  which  shall be identified in the application with a box beside each for
     4  checking, as applicable, by the applicant, shall be the same as provided
     5  in paragraph (b) of this subdivision.
     6    (d)  Information  submitted on the forms described in paragraph (b) of
     7  this subdivision shall be excepted from disclosure and maintained by the
     8  entity retaining such information separate  and  apart  from  all  other
     9  records.
    10    (e)  (i)  Upon  receiving a request for exception from disclosure, the
    11  licensing officer shall grant such  exception,  unless  the  request  is
    12  determined to be null and void, pursuant to paragraph (b) or (c) of this
    13  subdivision.
    14    (ii)  A  request  for an exception from disclosure may be submitted at
    15  any time, including after a license or recertification has been granted.
    16    (iii) If an exception is sought and granted pursuant to paragraph  (b)
    17  of  this  subdivision,  the  application information shall not be public
    18  record, unless the request is determined to be  null  and  void.  If  an
    19  exception is sought and granted pursuant to paragraph (c) of this subdi-
    20  vision,  the  information  concerning  such  recertification application
    21  shall not be public record, unless the request is determined to be  null
    22  and void. Notwithstanding the foregoing provisions of this subparagraph,
    23  local  and  state law enforcement shall, upon request, be granted access
    24  to and copies of such application information provided that such  infor-
    25  mation  obtained  by law enforcement pursuant to this subparagraph shall
    26  not be considered a public record of such law enforcement agency.
    27    (f) The information of licensees or applicants for a license shall not
    28  be disclosed to the public during the  first  one  hundred  twenty  days
    29  following  the effective date of the chapter of the laws of two thousand
    30  thirteen, which amended this section. After such period, the information
    31  of those who had applied for or been granted  a  license  prior  to  the
    32  preparation  of  the form for requesting an exception, pursuant to para-
    33  graph (b) of this subdivision, may be released only if such  individuals
    34  did not file a request for such an exception during the first sixty days
    35  following  such  preparation;  provided,  however,  that  no information
    36  contained in an application for licensure or  recertification  shall  be
    37  disclosed  by  an  entity  that  has  not  completed processing any such
    38  requests received during such sixty days.
    39    (g) If a request for an exception is determined to be  null  and  void
    40  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    41  request review of such determination pursuant to  article  seventy-eight
    42  of  the  civil  practice  laws  and rules. Such proceeding must commence
    43  within thirty days after service of the written  notice  containing  the
    44  adverse  determination. Notice of the right to commence such a petition,
    45  and the time period therefor, shall be included in  the  notice  of  the
    46  determination.  Disclosure  following  such a petition shall not be made
    47  prior to the disposition of such review.]
    48    § 5. Section 9.46 of the mental hygiene law, as added by chapter 1  of
    49  the  laws of 2013, subdivision (a) as amended by chapter 208 of the laws
    50  of 2022, is amended to read as follows:
    51  § 9.46 Reports of substantial risk or threat of harm  by  mental  health
    52           professionals.
    53    (a)  For  purposes  of  this  section, the term "mental health profes-
    54  sional" shall include a physician,  psychiatrist,  psychologist,  regis-
    55  tered  nurse,  licensed  clinical  social worker, licensed master social
    56  worker, licensed mental health  counselor,  clinical  nurse  specialist,
        S. 2338                             5

     1  certified  nurse  practitioner,  licensed  clinical  marriage and family
     2  therapist, or a licensed professional nurse.
     3    (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
     4  health professional currently providing treatment services to  a  person
     5  determines,  in  the  exercise of reasonable professional judgment, that
     6  such person is likely to engage in conduct that would result in  serious
     7  harm  to  self or others, he or she shall be required to report, as soon
     8  as practicable, to the director of community services, or the director's
     9  designee[, who shall report to the division of criminal justice services
    10  whenever he or she agrees that the person is likely to  engage  in  such
    11  conduct].  Any report made by a mental health professional to the direc-
    12  tor of community services, or  the  director's  designee  shall  include
    13  current  contact  information for such person including, but not limited
    14  to, the person's: (1) name, (2) mailing address, (3)  phone  number  and
    15  (4)  email address. The director of community services or the director's
    16  designee shall report to the division of criminal justice services  upon
    17  a  finding  that  the  person  is likely to engage in conduct that would
    18  result in serious harm to self or others. Information transmitted to the
    19  division of criminal justice services shall  be  limited  to  names  and
    20  other  non-clinical  identifying information, which may only be used for
    21  determining whether a license issued pursuant to section 400.00  of  the
    22  penal  law  should be suspended or revoked, or for determining whether a
    23  person is ineligible for a license issued pursuant to section 400.00  of
    24  the  penal  law, or is no longer permitted under state or federal law to
    25  possess a firearm.
    26    (c) The director of community  services  or  the  director's  designee
    27  shall  inform such person via written notice when a report regarding the
    28  substantial risk or threat of harm posed by the person is  sent  to  the
    29  division  of  criminal  justice services. Such notice shall include, but
    30  not be limited to:
    31    (1) the person's name;
    32    (2) notice that a report has been sent to  the  division  of  criminal
    33  justice services stating that the named person has been deemed likely to
    34  engage in conduct that would result in serious harm to self or others;
    35    (3)  the  date the report was sent to the division of criminal justice
    36  services;
    37    (4) the person's right to submit a petition for relief from disability
    38  to the national instant criminal background check system (NICS)  appeals
    39  office  of  the  office  of  mental health or NICS appeals office of the
    40  office for people with  developmental  disabilities,  as  set  forth  in
    41  subdivision  (j)  of  section  7.09 of this title and subdivision (g) of
    42  section 13.09 of this chapter and parts five hundred forty-three and six
    43  hundred forty-three of article fourteen of the New York  code  of  rules
    44  and regulations;
    45    (5)  contact  information for the NICS appeals office of the office of
    46  mental hygiene or the NICS appeals office of the office for people  with
    47  developmental disabilities; and
    48    (6)  any  applicable  deadline for submission of a petition for relief
    49  from disability.
    50    (d) Nothing in this section shall be construed  to  require  a  mental
    51  health professional to take any action which, in the exercise of reason-
    52  able  professional  judgment,  would endanger such mental health profes-
    53  sional or increase the danger to a potential victim or victims.
    54    [(d)] (e) The decision of a mental health professional to disclose  or
    55  not  to  disclose  in accordance with this section, when made reasonably
        S. 2338                             6

     1  and in good faith, shall not be the basis  for  any  civil  or  criminal
     2  liability of such mental health professional.
     3    §  6.  Paragraph  2  of  subdivision (j) of section 7.09 of the mental
     4  hygiene law, as amended by chapter 1 of the laws of 2013, is amended  to
     5  read as follows:
     6    (2)  The  commissioner  shall  establish  within  the office of mental
     7  health an administrative process to permit a person who has been or  may
     8  be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
     9  922(4)(d) or who has been or may be disqualified from continuing to have
    10  a license to carry, possess, repair,  or  dispose  of  a  firearm  under
    11  section  400.00  of  the penal law because such person was involuntarily
    12  committed or civilly confined to a facility under  the  jurisdiction  of
    13  the  commissioner,  or who has been the subject of a report submitted by
    14  the director of community services or the  director's  designee  to  the
    15  division  of criminal justice services stating that the named person has
    16  been deemed likely to engage in conduct that  would  result  in  serious
    17  harm  to self or others pursuant to section 9.46 of this title, to peti-
    18  tion for relief from that disability  where  such  person's  record  and
    19  reputation  are  such  that  such  person will not be likely to act in a
    20  manner dangerous to public safety and where the granting of  the  relief
    21  would  not  be contrary to public safety. The commissioner shall promul-
    22  gate regulations to establish  the  relief  from  disabilities  program,
    23  which  shall  include,  but not be limited to, provisions providing for:
    24  (i) an opportunity for a disqualified person to petition for  relief  in
    25  writing; (ii) the authority for the agency to require that the petition-
    26  er  undergo  a  clinical  evaluation  and  risk  assessment; and (iii) a
    27  requirement that the agency issue a decision in writing  explaining  the
    28  reasons  for  a  denial or grant of relief. The denial of a petition for
    29  relief from disabilities  may  be  reviewed  de  novo  pursuant  to  the
    30  proceedings  under  article  seventy-eight of the civil practice law and
    31  rules.
    32    § 7. Paragraph 2 of subdivision (g) of section  13.09  of  the  mental
    33  hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
    34  read as follows:
    35    (2) The commissioner shall establish within the office for people with
    36  developmental disabilities an administrative process to permit a  person
    37  who  has  been  or  may  be  disqualified from possessing such a firearm
    38  pursuant to 18 USC 922(4)(d), or who has been  or  may  be  disqualified
    39  from  continuing to have a license to carry, possess, repair, or dispose
    40  of a firearm under section 400.00 of the penal law because  such  person
    41  was  involuntarily committed or civilly confined to a facility under the
    42  jurisdiction of the commissioner, or who  has  been  the  subject  of  a
    43  report submitted by the director of community services or the director's
    44  designee  to  the division of criminal justice services stating that the
    45  named person has been deemed likely to  engage  in  conduct  that  would
    46  result  in  serious  harm  to self or others pursuant to section 9.46 of
    47  this chapter, to petition for relief from  that  disability  where  such
    48  person's  record  and  reputation  are such that such person will not be
    49  likely to act in a manner dangerous  to  public  safety  and  where  the
    50  granting  of  the  relief  would  not  be contrary to public safety. The
    51  commissioner shall promulgate regulations to establish the  relief  from
    52  disabilities  program,  which  shall  include,  but  not  be limited to,
    53  provisions providing for: (i) an opportunity for a  disqualified  person
    54  to  petition for relief in writing; (ii) the authority for the agency to
    55  require that the petitioner  undergo  a  clinical  evaluation  and  risk
    56  assessment;  and (iii) a requirement that the agency issue a decision in
        S. 2338                             7

     1  writing explaining the reasons for a denial  or  grant  of  relief.  The
     2  denial  of  a  petition  for relief from disabilities may be reviewed de
     3  novo pursuant to the proceedings  under  article  seventy-eight  of  the
     4  civil practice law and rules.
     5    § 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
     6  and  16-b  of section 400.00 of the penal law, paragraph (a) of subdivi-
     7  sion 3 and subdivision 9 as amended by chapter 212 of the laws of  2022,
     8  subdivisions  4  and  10  as amended by chapter 371 of the laws of 2022,
     9  subdivision 7 as separately amended by chapters 212 and 669 of the  laws
    10  of 2022, subdivisions 16-a and 16-b as added by chapter 1 of the laws of
    11  2013  and  paragraph (a-1) of subdivision 16-a as added by chapter 98 of
    12  the laws of 2013, are amended to read as follows:
    13    (a) Applications shall be made and renewed, in the case of  a  license
    14  to  carry  or  possess  a  pistol  or  revolver  or  to purchase or take
    15  possession of a semiautomatic rifle, to the  licensing  officer  in  the
    16  city  or  county,  as  the  case may be, where the applicant resides, is
    17  principally employed or has his or her principal place  of  business  as
    18  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
    19  dealer in firearms, to the licensing officer where such place  of  busi-
    20  ness  is  located.  Blank  applications shall, except in the city of New
    21  York, be approved as to form by the  [superintendent  of  state  police]
    22  division  of  criminal justice services.  An application shall state the
    23  full name, date of birth, residence, present occupation of  each  person
    24  or individual signing the same, whether or not he or she is a citizen of
    25  the  United States, whether or not he or she complies with each require-
    26  ment for eligibility specified in subdivision one of  this  section  and
    27  such  other  facts as may be required to show the good character, compe-
    28  tency and integrity of each person or individual  signing  the  applica-
    29  tion. An application shall be signed and verified by the applicant. Each
    30  individual signing an application shall submit one photograph of himself
    31  or  herself  and  a duplicate for each required copy of the application.
    32  Such photographs shall have been  taken  within  thirty  days  prior  to
    33  filing  the  application.  In case of a license as gunsmith or dealer in
    34  firearms, the photographs submitted shall be two inches square, and  the
    35  application  shall also state the previous occupation of each individual
    36  signing the same and the location of the place of such business,  or  of
    37  the  bureau,  agency,  subagency,  office or branch office for which the
    38  license is sought, specifying the name of the  city,  town  or  village,
    39  indicating   the  street  and  number  and  otherwise  giving  such  apt
    40  description as to point out reasonably the  location  thereof.  In  such
    41  case,  if the applicant is a firm, partnership or corporation, its name,
    42  date and place of formation, and principal place of  business  shall  be
    43  stated.  For  such  firm or partnership, the application shall be signed
    44  and verified by each individual composing or intending  to  compose  the
    45  same, and for such corporation, by each officer thereof.
    46    4.  Investigation.  Before a license is issued or renewed, there shall
    47  be an investigation of all statements required in the application by the
    48  duly constituted police authorities of the locality where such  applica-
    49  tion is made, including but not limited to such records as may be acces-
    50  sible  to the division of [state police or division of] criminal justice
    51  services pursuant to section 400.02 of this article. For  that  purpose,
    52  the  records  of  the  appropriate  office  of  the department of mental
    53  hygiene concerning previous or present mental illness of  the  applicant
    54  shall  be  available  for inspection by the investigating officer of the
    55  police authority. Where the applicant is domiciled in a  foreign  state,
    56  the investigation shall include inquiry of the foreign state for records
        S. 2338                             8

     1  concerning the previous or present mental illness of the applicant, and,
     2  to the extent necessary for inspection by the investigating officer, the
     3  applicant  shall  execute  a waiver of confidentiality of such record in
     4  such form as may be required by the foreign state. In order to ascertain
     5  any  previous  criminal record, the investigating officer shall take the
     6  fingerprints and physical descriptive  data  in  quadruplicate  of  each
     7  individual by whom the application is signed and verified. Two copies of
     8  such  fingerprints  shall  be  taken on standard fingerprint cards eight
     9  inches square, and one copy may be taken on a  card  supplied  for  that
    10  purpose  by the federal bureau of investigation; provided, however, that
    11  in the case of a corporate applicant that  has  already  been  issued  a
    12  dealer  in firearms license and seeks to operate a firearm dealership at
    13  a second or subsequent location, the original fingerprints on  file  may
    14  be  used  to  ascertain  any criminal record in the second or subsequent
    15  application unless any of the corporate officers have changed since  the
    16  prior  application, in which case the new corporate officer shall comply
    17  with procedures governing an initial application for such license.  When
    18  completed,  one  standard card shall be forwarded to and retained by the
    19  division of criminal justice services in the  executive  department,  at
    20  Albany.  A search of the files of such division and written notification
    21  of the results of the search shall be  forwarded  to  the  investigating
    22  officer  and  shall  be made without unnecessary delay. Thereafter, such
    23  division shall notify the licensing officer and  the  executive  depart-
    24  ment,  division  of [state police] criminal justice services, Albany, of
    25  any criminal record of the applicant filed  therein  subsequent  to  the
    26  search  of its files. A second standard card, or the one supplied by the
    27  federal bureau of investigation, as the case may be, shall be  forwarded
    28  to that bureau at Washington with a request that the files of the bureau
    29  be searched and notification of the results of the search be made to the
    30  investigating  police authority. Of the remaining two fingerprint cards,
    31  one shall be filed with the executive  department,  division  of  [state
    32  police]  criminal  justice services, Albany, within ten days after issu-
    33  ance of the license, and the other shall remain on file with the  inves-
    34  tigating  police authority. No such fingerprints may be inspected by any
    35  person other than a peace officer, who is acting pursuant to his or  her
    36  special  duties,  or  a  police  officer,  except on order of a judge or
    37  justice of a court of record either upon notice to the licensee or with-
    38  out  notice,  as  the  judge  or  justice  may  deem  appropriate.  Upon
    39  completion  of  the investigation, the police authority shall report the
    40  results to the licensing officer without unnecessary delay.
    41    7. License: form. Any license issued pursuant to this  section  shall,
    42  except  in  the  city of New York, be approved as to form by the [super-
    43  intendent of state police] division  of  criminal  justice  services.  A
    44  license  to carry or possess a pistol or revolver or to purchase or take
    45  possession of a semiautomatic rifle shall have attached  the  licensee's
    46  photograph,  and  a  coupon  which  shall be removed and retained by any
    47  person disposing of a firearm to the licensee. A  license  to  carry  or
    48  possess  a  pistol or revolver shall specify the weapon covered by cali-
    49  bre, make, model, manufacturer's name and serial number, or if none,  by
    50  any  other distinguishing number or identification mark, and shall indi-
    51  cate whether issued to carry on the person or possess on  the  premises,
    52  and  if  on the premises shall also specify the place where the licensee
    53  shall possess the same. If such license is issued to a noncitizen, or to
    54  a person not a citizen of and usually  a  resident  in  the  state,  the
    55  licensing  officer  shall state in the license the particular reason for
    56  the issuance and the names of the persons certifying to the good charac-
        S. 2338                             9

     1  ter of the applicant. Any license as  gunsmith  or  dealer  in  firearms
     2  shall mention and describe the premises for which it is issued and shall
     3  be valid only for such premises.
     4    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
     5  person licensed to carry or possess a pistol or revolver or to  purchase
     6  or take possession of a semiautomatic rifle may apply at any time to his
     7  or  her licensing officer for amendment of his or her license to include
     8  one or more such weapons or to cancel weapons  held  under  license.  If
     9  granted, a record of the amendment describing the weapons involved shall
    10  be  filed by the licensing officer in the executive department, division
    11  of [state police] criminal justice services, Albany. The [superintendent
    12  of state police] division of criminal  justice  services  may  authorize
    13  that  such  amendment be completed and transmitted to the [state police]
    14  division in electronic form. Notification of  any  change  of  residence
    15  shall  be  made  in  writing  by any licensee within ten days after such
    16  change occurs, and a record of such change shall be  inscribed  by  such
    17  licensee  on  the  reverse side of his or her license. Elsewhere than in
    18  the city of New York, and in the counties of Nassau  and  Suffolk,  such
    19  notification  shall  be  made  to  the executive department, division of
    20  [state police] criminal justice services, Albany, and in the city of New
    21  York to the police commissioner of that  city,  and  in  the  county  of
    22  Nassau  to  the police commissioner of that county, and in the county of
    23  Suffolk to the licensing officer of that county, who shall,  within  ten
    24  days  after  such  notification  shall  be  received by him or her, give
    25  notice in writing of such change to the executive  department,  division
    26  of [state police] criminal justice services, at Albany.
    27    10.  License:  expiration,  certification and renewal. (a) Any license
    28  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    29  license  to  carry  or  possess a pistol or revolver, issued at any time
    30  pursuant to this section or prior to the first  day  of  July,  nineteen
    31  hundred  sixty-three  and not limited to expire on an earlier date fixed
    32  in the license, shall, except as otherwise provided in paragraph (d)  of
    33  this  subdivision,  expire  not  more than three years after the date of
    34  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
    35  license  to  carry  or  possess a pistol or revolver, issued at any time
    36  pursuant to this section or prior to the first  day  of  July,  nineteen
    37  hundred  sixty-three  and not limited to expire on an earlier date fixed
    38  in the license, shall expire not more than five years after the date  of
    39  issuance;  however, in the county of Westchester, any such license shall
    40  be certified prior to the first day of April, two thousand,  in  accord-
    41  ance  with  a schedule to be contained in regulations promulgated by the
    42  commissioner of the division of criminal  justice  services,  and  every
    43  such  license  shall,  except  as otherwise provided in paragraph (d) of
    44  this subdivision,  be  recertified  every  five  years  thereafter.  For
    45  purposes  of  this  section  certification  shall mean that the licensee
    46  shall provide to the licensing officer the following  information  only:
    47  current name, date of birth, current address, and the make, model, cali-
    48  ber  and serial number of all firearms currently possessed. Such certif-
    49  ication information shall be filed by the licensing officer in the  same
    50  manner  as  an amendment. Elsewhere than in the city of New York and the
    51  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
    52  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
    53  section or prior to the first day of July, nineteen hundred  sixty-three
    54  and  not  previously  revoked or cancelled, shall be in force and effect
    55  until revoked as herein provided. Any license not  previously  cancelled
    56  or  revoked shall remain in full force and effect for thirty days beyond
        S. 2338                            10

     1  the stated expiration date on such license. Any application to  renew  a
     2  license that has not previously expired, been revoked or cancelled shall
     3  thereby extend the term of the license until disposition of the applica-
     4  tion  by the licensing officer. In the case of a license for gunsmith or
     5  dealer in firearms, in counties having a population  of  less  than  two
     6  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
     7  submitted on original applications and upon renewal thereafter at  three
     8  year  intervals. Upon satisfactory proof that a currently valid original
     9  license  has  been  despoiled,  lost  or  otherwise  removed  from   the
    10  possession of the licensee and upon application containing an additional
    11  photograph  of  the licensee, the licensing officer shall issue a dupli-
    12  cate license.
    13    (b) All licensees shall be  recertified  to  the  division  of  [state
    14  police] criminal justice services every five years thereafter, except as
    15  otherwise  provided  in  paragraph  (d) of this subdivision. Any license
    16  issued before the effective date of the chapter of the laws of two thou-
    17  sand thirteen which added this paragraph shall  be  recertified  by  the
    18  licensee  on  or before January thirty-first, two thousand eighteen, and
    19  not less than one year prior to such date, the [state  police]  division
    20  of  criminal justice services shall send a notice to all license holders
    21  who have not recertified by such time. [Such recertification shall be in
    22  a form as approved by the superintendent of state  police,  which  shall
    23  request the license holder's name, date of birth, gender, race, residen-
    24  tial address, social security number, firearms possessed by such license
    25  holder,  email address at the option of the license holder and an affir-
    26  mation that such  license  holder  is  not  prohibited  from  possessing
    27  firearms.] Recertification shall contain the information and shall be in
    28  the form set forth hereinbelow:
    29  RECERTIFICATION
    30  1. Name _______________________________________________________
    31  2. Date of Birth ______________________________________________
    32  3. Gender _____________________________________________
    33  4. Race _______________________________________________
    34  5. Residential Address ________________________________
    35  _______________________________________________________________
    36  _______________________________________________________________
    37  6. Social Security Number _____________________________
    38  7. Email Address (optional) ___________________________
    39  8. List all firearms possessed on license: ____________
    40  _______________________________________________________________
    41  _______________________________________________________________
    42  _______________________________________________________________
    43  _______________________________________________________________
    44  Upon  receipt of the completed recertification form, the licensing offi-
    45  cer will compare the information provided  with  the  information  main-
    46  tained  by  the  licensing officer for such license holder, and promptly
    47  notify the license holder of  any  discrepancies  that  may  exist,  and
    48  provide instruction as to applying for an amendment pursuant to subdivi-
    49  sion  nine of this section. After the resolution of any pending applica-
    50  tions for amendments, the licensing officer shall retain a copy  of  the
    51  recertification  and  a  copy shall be filed by the licensing officer in
    52  the executive department, division of criminal justice services, Albany,
    53  within ten days. The form may be in an electronic form if so  designated
    54  by  the  [superintendent  of  state police] division of criminal justice
    55  services.   Failure to recertify shall  act  as  a  revocation  of  such
    56  license.  If  the  [New  York state police] division shall discover as a
        S. 2338                            11

     1  result of the recertification process that a licensee failed to  provide
     2  a  change  of  address, the [New York state police] division of criminal
     3  justice services shall not require the licensing officer to revoke  such
     4  license.
     5    (c)  A license to purchase or take possession of a semiautomatic rifle
     6  as defined in subdivision two of this section shall  be  recertified  to
     7  the applicable licensing officer every five years following the issuance
     8  of  such  license.  Failure to renew such a license shall be a violation
     9  punishable by a fine not to exceed two hundred fifty dollars,  and  such
    10  failure  to  renew  shall  be  considered  by the licensing officer when
    11  reviewing future license applications by the license holder pursuant  to
    12  this chapter.
    13    (d)  Licenses  issued  under  paragraph (f) of subdivision two of this
    14  section shall be recertified or renewed in the same form and  manner  as
    15  otherwise  required  by  this  subdivision,  provided however, that such
    16  licenses shall be recertified or renewed every three years following the
    17  issuance of such license. For licenses issued  prior  to  the  effective
    18  date  of  this paragraph that were issued more than three years prior to
    19  such date, or will expire in less than one year from such date shall  be
    20  recertified or renewed within one year of such date.
    21    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
    22  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
    23  possessed  before the date of the effective date of [the] chapter one of
    24  the laws of two thousand thirteen [which  added  this  paragraph],  must
    25  make  an application to register such weapon with the [superintendent of
    26  state police] division of  criminal  justice  services,  in  the  manner
    27  provided  by the [superintendent] division of criminal justice services,
    28  or by amending a license issued pursuant to this section within one year
    29  of the effective date of this  subdivision  except  any  weapon  defined
    30  under  subparagraph  (vi)  of paragraph (g) of subdivision twenty-two of
    31  section 265.00 of this chapter transferred into the state may be  regis-
    32  tered  at  any  time, provided such weapons are registered within thirty
    33  days of their transfer into the state.  Registration  information  shall
    34  include  the registrant's name, date of birth, gender, race, residential
    35  address, social security number and a description of each  weapon  being
    36  registered. A registration of any weapon defined under subparagraph (vi)
    37  of  paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
    38  ing device as defined under subdivision twenty-three of  section  265.00
    39  of this chapter shall be transferable, provided that the seller notifies
    40  the  [state  police] division of criminal justice services within seven-
    41  ty-two hours of the transfer and the buyer provides the  [state  police]
    42  division  of  criminal  justice  services with information sufficient to
    43  constitute a registration under this section.  Such  registration  shall
    44  not be valid if such registrant is prohibited or becomes prohibited from
    45  possessing  a firearm pursuant to state or federal law. The [superinten-
    46  dent] division of criminal justice services shall determine whether such
    47  registrant is prohibited from possessing a firearm under state or feder-
    48  al law. Such check shall be limited to determining whether  the  factors
    49  in  18 USC 922 (g) apply or whether a registrant has been convicted of a
    50  serious offense as  defined  in  subdivision  [sixteen-b]  seventeen  of
    51  section  265.00  of this chapter, so as to prohibit such registrant from
    52  possessing a firearm, and whether a report has been issued  pursuant  to
    53  section  9.46 of the mental hygiene law. All registrants shall recertify
    54  to the division of [state police] criminal justice services  every  five
    55  years  thereafter.  Failure to recertify shall result in a revocation of
    56  such registration.
        S. 2338                            12

     1    (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
     2  this  subdivision,  an owner of an assault weapon as defined in subdivi-
     3  sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
     4  retired New York or federal law enforcement officer as defined in subdi-
     5  vision  twenty-five of section 265.00 of this chapter, where such weapon
     6  was issued to or purchased by such officer prior to  retirement  and  in
     7  the course of his or her official duties, and for which such officer was
     8  qualified  by the agency that employed such officer within twelve months
     9  prior to his or her retirement, must register such weapon  within  sixty
    10  days of retirement.
    11    (b)  The [superintendent of state police] division of criminal justice
    12  services shall create and maintain an internet website  to  educate  the
    13  public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
    14  tomatic  pistol  or weapon that are illegal as a result of the enactment
    15  of [the] chapter one of the laws of two thousand thirteen  [which  added
    16  this  paragraph],  as  well  as  such  assault weapons which are illegal
    17  pursuant to article two hundred sixty-five of this chapter. Such website
    18  shall contain information to assist the public in recognizing the  rele-
    19  vant features proscribed by such article two hundred sixty-five, as well
    20  as which make and model of weapons that require registration.
    21    (c)  A person who knowingly fails to apply to register such weapon, as
    22  required by this section, within one year of the effective date of [the]
    23  chapter one of the laws of two thousand thirteen [which added this para-
    24  graph] shall be guilty of a class A  misdemeanor  and  such  person  who
    25  unknowingly  fails  to validly register such weapon within such one year
    26  period shall be given  a  warning  by  an  appropriate  law  enforcement
    27  authority  about such failure and given thirty days in which to apply to
    28  register such weapon or to surrender it. A failure to apply or surrender
    29  such weapon within such thirty-day period shall result  in  such  weapon
    30  being removed by an appropriate law enforcement authority and declared a
    31  nuisance.
    32    16-b.  The cost of the software, programming and interface required to
    33  transmit any record that must be electronically transmitted by the deal-
    34  er or licensing officer to  the  division  of  [state  police]  criminal
    35  justice  services, and any cost borne by the licensing officer to admin-
    36  ister or maintain records related to the recertification process by  the
    37  licensing  officer,  both pursuant to this chapter shall be borne by the
    38  state.
    39    § 9. Section 400.02 of the penal law, as amended by chapter 371 of the
    40  laws of 2022, is amended to read as follows:
    41  § 400.02 Statewide license and record database.
    42    1. There shall be a statewide license and record database which  shall
    43  be  created  and  maintained  by the division of [state police] criminal
    44  justice services the cost of which shall not be  borne  by  any  munici-
    45  pality. Records assembled or collected for purposes of inclusion in such
    46  database  shall  not be subject to disclosure pursuant to article six of
    47  the public officers law. All records containing granted license applica-
    48  tions from all licensing authorities shall be  monthly  checked  by  the
    49  division  of criminal justice services [in conjunction with the division
    50  of state  police]  against  criminal  conviction,  criminal  indictment,
    51  mental health, extreme risk protection orders, orders of protection, and
    52  all other records as are necessary to determine their continued accuracy
    53  as  well  as  whether an individual is no longer a valid license holder.
    54  The division of criminal  justice  services  shall  also  check  pending
    55  applications  made  pursuant  to  this  article  against such records to
    56  determine whether a license may be granted. All state and local agencies
        S. 2338                            13

     1  shall cooperate with the  division  of  criminal  justice  services,  as
     2  otherwise  authorized by law, in making their records available for such
     3  checks. The division of criminal justice services, upon determining that
     4  an  individual  is  ineligible  to  possess a license, or is no longer a
     5  valid license holder, shall notify the applicable licensing official  of
     6  such determination and such licensing official shall not issue a license
     7  or  shall revoke such license and any weapons owned or possessed by such
     8  individual shall be removed consistent with the provisions  of  subdivi-
     9  sion  eleven  of  section  400.00  of  this article. Local and state law
    10  enforcement shall have access to such database  in  the  performance  of
    11  their  duties.  Records assembled or collected for purposes of inclusion
    12  in the database established by this section shall be  released  pursuant
    13  to a court order.
    14    2. There shall be a statewide license and record database specific for
    15  ammunition  sales  which shall be created and maintained by the division
    16  of [state police] criminal justice services the cost of which shall  not
    17  be  borne by any municipality no later than thirty days upon designating
    18  the division of state police as the point of  contact  to  perform  both
    19  firearm  and  ammunition  background checks under federal and state law.
    20  Records assembled or collected for purposes of inclusion in  such  data-
    21  base  shall  not be subject to disclosure pursuant to article six of the
    22  public officers law. All records containing granted license applications
    23  from all licensing authorities shall be monthly checked by the  division
    24  of  criminal justice services [in conjunction with the division of state
    25  police]  against  criminal  conviction,  criminal  indictments,   mental
    26  health,  extreme  risk  protection orders, orders of protection, and all
    27  other records as are necessary to determine their continued accuracy  as
    28  well  as  whether an individual is no longer a valid license holder. The
    29  division of criminal justice services shall also check pending  applica-
    30  tions  made  pursuant  to this article against such records to determine
    31  whether a license may be granted. All state  and  local  agencies  shall
    32  cooperate  with  the division of criminal justice services, as otherwise
    33  authorized by law, in making their records available for such checks. No
    34  later than thirty days after the [superintendent of  the  state  police]
    35  division certifies that the statewide license and record database estab-
    36  lished  pursuant  to  this  section and the statewide license and record
    37  database established  for  ammunition  sales  are  operational  for  the
    38  purposes  of  this  section,  a  dealer in firearms licensed pursuant to
    39  section 400.00 of this article, a seller of  ammunition  as  defined  in
    40  subdivision  twenty-four  of  section  265.00  of this chapter shall not
    41  transfer any ammunition to any other person  who  is  not  a  dealer  in
    42  firearms  as  defined  in  subdivision  nine of such section 265.00 or a
    43  seller of ammunition as defined in subdivision  twenty-four  of  section
    44  265.00 of this chapter, unless:
    45    (a)  before  the  completion  of  the transfer, the licensee or seller
    46  contacts the statewide license and  record  database  and  provides  the
    47  database  with  information sufficient to identify such dealer or seller
    48  transferee based on information on the transferee's identification docu-
    49  ment as defined in paragraph (c) of this subdivision,  as  well  as  the
    50  amount,  caliber, manufacturer's name and serial number, if any, of such
    51  ammunition;
    52    (b) the licensee or seller is provided with  a  unique  identification
    53  number; and
    54    (c)  the  transferor  has  verified  the identity of the transferee by
    55  examining a valid state identification document of the transferee issued
    56  by the department of motor vehicles or if the transferee is not a  resi-
        S. 2338                            14

     1  dent of the state of New York, a valid identification document issued by
     2  the  transferee's  state or country of residence containing a photograph
     3  of the transferee.
     4    § 10. This act shall take effect immediately; provided that:
     5    1. section four of this act shall take effect on the first of November
     6  next succeeding the date on which it shall have become a law; and
     7    2.  sections  five, six and seven of this act shall take effect on the
     8  ninetieth day after it shall have become a law.