Bill Text: NY S02635 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to licensing and other provisions relating to firearms.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S02635 Detail]
Download: New_York-2023-S02635-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2635 2023-2024 Regular Sessions IN SENATE January 23, 2023 ___________ Introduced by Sens. GRIFFO, BORRELLO, GALLIVAN, HELMING, OBERACKER, STEC, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the general business law and the execu- tive law, in relation to licensing and other provisions relating to firearms; and to repeal certain provisions of the penal law, the exec- utive law, the general business law, the state finance law and chapter 371 of the laws of 2022 amending the penal law and other laws relating to licensing and other provisions relating to firearms, relating ther- eto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading and subdivisions 1, 1-a, 1-b, 2, 4-a, 2 4-b, 4-c, 10 and 11 of section 400.00 of the penal law, as amended by 3 chapter 371 of the laws of 2022, subdivision 1 as separately amended by 4 chapter 669 of the laws of 2022, are amended to read as follows: 5 [Licensing and other provisions relating to] Licenses to carry, possess, 6 repair and dispose of firearms. 7 1. Eligibility. No license shall be issued or renewed pursuant to this 8 section except by the licensing officer, and then only after investi- 9 gation and finding that all statements in a proper application for a 10 license are true. No license shall be issued or renewed except for an 11 applicant (a) twenty-one years of age or older, provided, however, that 12 where such applicant has been honorably discharged from the United 13 States army, navy, marine corps, air force or coast guard, or the 14 national guard of the state of New York, no such age restriction shall 15 apply; (b) of good moral character[, which, for the purposes of this16article, shall mean having the essential character, temperament and17judgement necessary to be entrusted with a weapon and to use it only in18a manner that does not endanger oneself or others]; (c) who has not been 19 convicted anywhere of a felony or a serious offense or who is not the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05601-01-3S. 2635 2 1 subject of an outstanding warrant of arrest issued upon the alleged 2 commission of a felony or serious offense; (d) who is not a fugitive 3 from justice; (e) who is not an unlawful user of or addicted to any 4 controlled substance as defined in section 21 U.S.C. 802; (f) who being 5 a noncitizen (i) is not illegally or unlawfully in the United States or 6 (ii) has not been admitted to the United States under a nonimmigrant 7 visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not 8 been discharged from the Armed Forces under dishonorable conditions; (h) 9 who, having been a citizen of the United States, has not renounced his 10 or her citizenship; (i) who has stated whether he or she has ever 11 suffered any mental illness; (j) who has not been involuntarily commit- 12 ted to a facility under the jurisdiction of an office of the department 13 of mental hygiene pursuant to article nine or fifteen of the mental 14 hygiene law, article seven hundred thirty or section 330.20 of the crim- 15 inal procedure law [or substantially similar laws of any other state], 16 section four hundred two or five hundred eight of the correction law, 17 section 322.2 or 353.4 of the family court act, has not been civilly 18 confined in a secure treatment facility pursuant to article ten of the 19 mental hygiene law, or has not been the subject of a report made pursu- 20 ant to section 9.46 of the mental hygiene law; (k) who has not had a 21 license revoked or who is not under a suspension or ineligibility order 22 issued pursuant to the provisions of section 530.14 of the criminal 23 procedure law or section eight hundred forty-two-a of the family court 24 act; (l) in the county of Westchester, who has successfully completed a 25 firearms safety course and test as evidenced by a certificate of 26 completion issued in his or her name and endorsed and affirmed under the 27 penalties of perjury by a duly authorized instructor, except that: (i) 28 persons who are honorably discharged from the United States army, navy, 29 marine corps or coast guard, or of the national guard of the state of 30 New York, and produce evidence of official qualification in firearms 31 during the term of service are not required to have completed those 32 hours of a firearms safety course pertaining to the safe use, carrying, 33 possession, maintenance and storage of a firearm; and (ii) persons who 34 were licensed to possess a pistol or revolver prior to the effective 35 date of this paragraph are not required to have completed a firearms 36 safety course and test[, provided, however, persons with a license37issued under paragraph (f) of subdivision two of this section prior to38the effective date of the laws of two thousand twenty-two which amended39this paragraph shall be required to complete the training required by40subdivision nineteen of this section prior to the recertification of41such license; and (iii) persons applying for a license under paragraph42(f) of subdivision two of this section on or after the effective date of43the chapter of the laws of two thousand twenty-two which amended this44paragraph who shall be required to complete the training required under45subdivision nineteen of this section for such license;] (m) who has not 46 had a guardian appointed for him or her pursuant to any provision of 47 state law, based on a determination that as a result of marked subnormal 48 intelligence, mental illness, [incompetency,] incapacity, condition or 49 disease, he or she lacks the mental capacity to contract or manage his 50 or her own affairs; [(n) for a license issued under paragraph (f) of51subdivision two of this section, that the applicant has not been52convicted within five years of the date of the application of any of the53following: (i) assault in the third degree, as defined in section 120.0054of this chapter; (ii) misdemeanor driving while intoxicated, as defined55in section eleven hundred ninety-two of the vehicle and traffic law; or56(iii) menacing, as defined in section 120.15 of this chapter; and (o)S. 2635 3 1for a license issued under paragraph (f) of subdivision two of this2section, the applicant shall meet in person with the licensing officer3for an interview and shall, in addition to any other information or4forms required by the license application submit to the licensing offi-5cer the following information: (i) names and contact information for the6applicant's current spouse, or domestic partner, any other adults resid-7ing in the applicant's home, including any adult children of the appli-8cant, and whether or not there are minors residing, full time or part9time, in the applicant's home; (ii) names and contact information of no10less than four character references who can attest to the applicant's11good moral character and that such applicant has not engaged in any12acts, or made any statements that suggest they are likely to engage in13conduct that would result in harm to themselves or others; (iii) certif-14ication of completion of the training required in subdivision nineteen15of this section; (iv) a list of former and current social media accounts16of the applicant from the past three years to confirm the information17regarding the applicants character and conduct as required in subpara-18graph (ii) of this paragraph; and (v) such other information required by19the licensing officer that is reasonably necessary and related to the20review of the licensing application] and (n) concerning whom no good 21 cause exists for the denial of the license. 22 [1-a.] No person shall engage in the business of gunsmith or dealer in 23 firearms unless licensed pursuant to this section. An applicant to 24 engage in such business shall also be a citizen of the United States, 25 more than twenty-one years of age and [shall be required] to maintain a 26 place of business in the city or county where the license is issued. For 27 such business, if the applicant is a firm or partnership, each member 28 thereof shall comply with all of the requirements set forth in this 29 subdivision and if the applicant is a corporation, each officer thereof 30 shall so comply. 31 [1-b.] 1-a. For purposes of subdivision one of this section, serious 32 offense shall include an offense in any jurisdiction or the former penal 33 law that includes all of the essential elements of a serious offense as 34 defined by subdivision seventeen of section 265.00 of this chapter. 35 Nothing in this subdivision shall preclude the denial of a license based 36 on the commission of, arrest for or conviction of an offense in any 37 other jurisdiction which does not include all of the essential elements 38 of a serious offense. 39 2. Types of licenses. A license for gunsmith or dealer in firearms 40 shall be issued to engage in such business. A license for a semiautomat- 41 ic rifle, other than an assault weapon or disguised gun, shall be issued 42 to purchase or take possession of such a [semiautomatic rifle] firearm 43 when such transfer of ownership occurs on or after the effective date of 44 the chapter [two hundred twelve] of the laws of two thousand twenty-two 45 that amended this subdivision. A license for a pistol or revolver, other 46 than an assault weapon or a disguised gun, shall be issued to (a) have 47 and possess in his dwelling by a householder; (b) have and possess in 48 his place of business by a merchant or storekeeper; (c) have and carry 49 concealed while so employed by a messenger employed by a banking insti- 50 tution or express company; (d) have and carry concealed by a justice of 51 the supreme court in the first or second judicial departments, or by a 52 judge of the New York city civil court or the New York city criminal 53 court; (e) have and carry concealed while so employed by a regular 54 employee of an institution of the state, or of any county, city, town or 55 village, under control of a commissioner of correction of the city or 56 any warden, superintendent or head keeper of any state prison, peniten-S. 2635 4 1 tiary, workhouse, county jail or other institution for the detention of 2 persons convicted or accused of crime or held as witnesses in criminal 3 cases, provided that application is made therefor by such commissioner, 4 warden, superintendent or head keeper; (f) have and carry concealed, 5 without regard to employment or place of possession [subject to the6restrictions of state and federal law], by any person when proper cause 7 exists for the issuance thereof; and (g) have, possess, collect and 8 carry antique pistols which are defined as follows: (i) any single shot, 9 muzzle loading pistol with a matchlock, flintlock, percussion cap, or 10 similar type of ignition system manufactured in or before 1898, which is 11 not designed for using rimfire or conventional centerfire fixed ammuni- 12 tion; and (ii) any replica of any pistol described in clause (i) hereof 13 if such replica[;]: 14 (1) is not designed or redesigned for using rimfire or conventional 15 centerfire fixed ammunition, or 16 (2) uses rimfire or conventional centerfire fixed ammunition which is 17 no longer manufactured in the United States and which is not readily 18 available in the ordinary channels of commercial trade. 19 4-a. [Appeals from denial of an application, renewal, recertification20or license revocation. If an application for a license is denied, not21renewed, not recertified, or revoked, the licensing officer shall issue22a written notice to the applicant setting forth the reasons for such23denial. An applicant may, within ninety days of receipt of such notice,24request a hearing to appeal the denial to the appeals board created by25the division of criminal justice services and the superintendent of26state police. An individual may be represented by counsel at any appear-27ance before the appeals board and shall be afforded an opportunity to28present additional evidence in support of their application. The commis-29sioner of criminal justice services and the superintendent of state30police shall promulgate rules and regulations governing such appeals31process.324-b.] Processing of license applications. Applications for licenses 33 shall be accepted for processing by the licensing officer at the time of 34 presentment. Except upon written notice to the applicant specifically 35 stating the reasons for any delay, in each case the licensing officer 36 shall act upon any application for a license pursuant to this section 37 within six months of the date of presentment of such an application to 38 the appropriate authority. Such delay may only be for good cause and 39 with respect to the applicant. In acting upon an application, the 40 licensing officer shall either deny the application for reasons specif- 41 ically and concisely stated in writing or grant the application and 42 issue the license applied for. 43 [4-c.] 4-b. Westchester county firearms safety course certificate. In 44 the county of Westchester, at the time of application, the licensing 45 officer to which the license application is made shall provide a copy of 46 the safety course booklet to each license applicant. Before such license 47 is issued, such licensing officer shall require that the applicant 48 submit a certificate of successful completion of a firearms safety 49 course and test issued in his or her name and endorsed and affirmed 50 under the penalties of perjury by a duly authorized instructor. 51 10. License: expiration, certification and renewal. (a) Any license 52 for gunsmith or dealer in firearms and, in the city of New York, any 53 license to carry or possess a pistol or revolver, issued at any time 54 pursuant to this section or prior to the first day of July, nineteen 55 hundred sixty-three and not limited to expire on an earlier date fixed 56 in the license, shall[, except as otherwise provided in paragraph (d) ofS. 2635 5 1this subdivision,] expire not more than three years after the date of 2 issuance. In the counties of Nassau, Suffolk and Westchester, any 3 license to carry or possess a pistol or revolver, issued at any time 4 pursuant to this section or prior to the first day of July, nineteen 5 hundred sixty-three and not limited to expire on an earlier date fixed 6 in the license, shall expire not more than five years after the date of 7 issuance; however, in the county of Westchester, any such license shall 8 be certified prior to the first day of April, two thousand, in accord- 9 ance with a schedule to be contained in regulations promulgated by the 10 commissioner of the division of criminal justice services, and every 11 such license shall[, except as otherwise provided in paragraph (d) of12this subdivision,] be recertified every five years thereafter. For 13 purposes of this section certification shall mean that the licensee 14 shall provide to the licensing officer the following information only: 15 current name, date of birth, current address, and the make, model, cali- 16 ber and serial number of all firearms currently possessed. Such certif- 17 ication information shall be filed by the licensing officer in the same 18 manner as an amendment. Elsewhere than in the city of New York and the 19 counties of Nassau, Suffolk and Westchester, any license to carry or 20 possess a pistol or revolver, issued at any time pursuant to this 21 section or prior to the first day of July, nineteen hundred sixty-three 22 and not previously revoked or cancelled, shall be in force and effect 23 until revoked as herein provided. Any license not previously cancelled 24 or revoked shall remain in full force and effect for thirty days beyond 25 the stated expiration date on such license. Any application to renew a 26 license that has not previously expired, been revoked or cancelled shall 27 thereby extend the term of the license until disposition of the applica- 28 tion by the licensing officer. In the case of a license for gunsmith or 29 dealer in firearms, in counties having a population of less than two 30 hundred thousand inhabitants, photographs and fingerprints shall be 31 submitted on original applications and upon renewal thereafter only at 32 [three] six year intervals. Upon satisfactory proof that a currently 33 valid original license has been despoiled, lost or otherwise removed 34 from the possession of the licensee and upon application containing an 35 additional photograph of the licensee, the licensing officer shall issue 36 a duplicate license. 37 (b) All licensees shall be recertified to the division of state police 38 every five years thereafter[, except as otherwise provided in paragraph39(d) of this subdivision]. Any license issued before the effective date 40 of the chapter of the laws of two thousand thirteen which added this 41 paragraph shall be recertified by the licensee on or before January 42 thirty-first, two thousand eighteen, and not less than one year prior to 43 such date, the state police shall send a notice to all license holders 44 who have not recertified by such time. Such recertification shall be in 45 a form as approved by the superintendent of state police, which shall 46 request the license holder's name, date of birth, gender, race, residen- 47 tial address, social security number, firearms possessed by such license 48 holder, email address at the option of the license holder and an affir- 49 mation that such license holder is not prohibited from possessing 50 firearms. The form may be in an electronic form if so designated by the 51 superintendent of state police. Failure to recertify shall act as a 52 revocation of such license. If the New York state police discover as a 53 result of the recertification process that a licensee failed to provide 54 a change of address, the New York state police shall not require the 55 licensing officer to revoke such license.S. 2635 6 1 (c) A license to purchase or take possession of a semiautomatic rifle 2 as defined in subdivision two of this section shall be recertified to 3 the applicable licensing officer every five years following the issuance 4 of such license. Failure to renew such a license shall be a violation 5 punishable by a fine not to exceed two hundred fifty dollars, and such 6 failure to renew shall be considered by the licensing officer when 7 reviewing future license applications by the license holder pursuant to 8 this chapter. 9 [(d) Licenses issued under paragraph (f) of subdivision two of this10section shall be recertified or renewed in the same form and manner as11otherwise required by this subdivision, provided however, that such12licenses shall be recertified or renewed every three years following the13issuance of such license. For licenses issued prior to the effective14date of this paragraph that were issued more than three years prior to15such date, or will expire in less than one year from such date shall be16recertified or renewed within one year of such date.] 17 11. License: revocation and suspension. (a) The conviction of a licen- 18 see anywhere of a felony or serious offense or a licensee at any time 19 becoming ineligible to obtain a license[, including engaging in conduct20that would have resulted in the denial of a license, under this section21shall operate as or be grounds for,] under this section shall operate as 22 a revocation of the license. A license may be revoked or suspended as 23 provided for in section 530.14 of the criminal procedure law or section 24 eight hundred forty-two-a of the family court act. Except for a license 25 issued pursuant to section 400.01 of this article, a license may be 26 revoked and cancelled at any time in the city of New York, and in the 27 counties of Nassau and Suffolk, by the licensing officer, and elsewhere 28 than in the city of New York by any judge or justice of a court of 29 record; a license issued pursuant to section 400.01 of this article may 30 be revoked and cancelled at any time by the licensing officer or any 31 judge or justice of a court of record. A license to engage in the busi- 32 ness of dealer may be revoked or suspended for any violation of the 33 provisions of article thirty-nine-BB of the general business law. The 34 official revoking a license shall give written notice thereof without 35 unnecessary delay to the executive department, division of state police, 36 Albany, and shall also notify immediately the duly constituted police 37 authorities of the locality. [The licensing officer shall revoke any38license issued in which an applicant knowingly made a material false39statement on the application. Notice of a revocation under this subdivi-40sion shall be issued in writing and shall include the basis for the41determination, which shall be supported by a preponderance of the42evidence. Such notice shall also include information regarding the abil-43ity to appeal such decision in accordance with subdivision four-a of44this section.] 45 (b) Whenever the director of community services or his or her designee 46 makes a report pursuant to section 9.46 of the mental hygiene law, the 47 division of criminal justice services shall convey such information, 48 whenever it determines that the person named in the report possesses a 49 license issued pursuant to this section, to the appropriate licensing 50 official, who shall issue an order suspending or revoking such license. 51 (c) In any instance in which a person's license is suspended or 52 revoked under paragraph (a) or (b) of this subdivision, such person 53 shall surrender such license to the appropriate licensing official and 54 any and all firearms, rifles, or shotguns owned or possessed by such 55 person shall be surrendered to an appropriate law enforcement agency as 56 provided in subparagraph (f) of paragraph one of subdivision a ofS. 2635 7 1 section 265.20 of this chapter. In the event such license, firearm, 2 shotgun, or rifle is not surrendered, such items shall be removed and 3 declared a nuisance and any police officer or peace officer acting 4 pursuant to his or her special duties is authorized to remove any and 5 all such weapons. 6 § 2. Subdivision 23 of section 837 of the executive law is REPEALED. 7 § 3. Section 235 of the executive law is REPEALED. 8 § 4. Section 265.01-e of the penal law is REPEALED. 9 § 5. Section 265.01-d of the penal law is REPEALED. 10 § 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law 11 is REPEALED. 12 § 7. Section 400.02 of the penal law, as amended by chapter 371 of the 13 laws of 2022, is amended to read as follows: 14 § 400.02 Statewide license and record database. 15 [1.] There shall be a statewide license and record database which 16 shall be created and maintained by the division of state police the cost 17 of which shall not be borne by any municipality. Records assembled or 18 collected for purposes of inclusion in such database shall not be 19 subject to disclosure pursuant to article six of the public officers 20 law. [All records] Records containing granted license applications [from21all licensing authorities] shall be [monthly] periodically checked by 22 the division of criminal justice services [in conjunction with the divi-23sion of state police] against criminal conviction, [criminal indict-24ment,] mental health, [extreme risk protection orders, orders of25protection,] and all other records as are necessary to determine their 26 continued accuracy as well as whether an individual is no longer a valid 27 license holder. The division of criminal justice services shall also 28 check pending applications made pursuant to this article against such 29 records to determine whether a license may be granted. All state [and30local] agencies shall cooperate with the division of criminal justice 31 services, as otherwise authorized by law, in making their records avail- 32 able for such checks. The division of criminal justice services, upon 33 determining that an individual is ineligible to possess a license, or is 34 no longer a valid license holder, shall notify the applicable licensing 35 official of such determination and such licensing official shall not 36 issue a license or [shall] revoke such license and any weapons owned or 37 possessed by such individual shall be removed consistent with the 38 provisions of subdivision eleven of section 400.00 of this article. 39 Local and state law enforcement shall have access to such database in 40 the performance of their duties. Records assembled or collected for 41 purposes of inclusion in the database established by this section shall 42 be released pursuant to a court order. 43 [2. There shall be a statewide license and record database specific44for ammunition sales which shall be created and maintained by the divi-45sion of state police the cost of which shall not be borne by any munici-46pality no later than thirty days upon designating the division of state47police as the point of contact to perform both firearm and ammunition48background checks under federal and state law. Records assembled or49collected for purposes of inclusion in such database shall not be50subject to disclosure pursuant to article six of the public officers51law. All records containing granted license applications from all52licensing authorities shall be monthly checked by the division of crimi-53nal justice services in conjunction with the division of state police54against criminal conviction, criminal indictments, mental health,55extreme risk protection orders, orders of protection, and all other56records as are necessary to determine their continued accuracy as wellS. 2635 8 1as whether an individual is no longer a valid license holder. The divi-2sion of criminal justice services shall also check pending applications3made pursuant to this article against such records to determine whether4a license may be granted. All state and local agencies shall cooperate5with the division of criminal justice services, as otherwise authorized6by law, in making their records available for such checks. No later than7thirty days after the superintendent of the state police certifies that8the statewide license and record database established pursuant to this9section and the statewide license and record database established for10ammunition sales are operational for the purposes of this section, a11dealer in firearms licensed pursuant to section 400.00 of this article,12a seller of ammunition as defined in subdivision twenty-four of section13265.00 of this chapter shall not transfer any ammunition to any other14person who is not a dealer in firearms as defined in subdivision nine of15such section 265.00 or a seller of ammunition as defined in subdivision16twenty-four of section 265.00 of this chapter, unless:17(a) before the completion of the transfer, the licensee or seller18contacts the statewide license and record database and provides the19database with information sufficient to identify such dealer or seller20transferee based on information on the transferee's identification docu-21ment as defined in paragraph (c) of this subdivision, as well as the22amount, caliber, manufacturer's name and serial number, if any, of such23ammunition;24(b) the licensee or seller is provided with a unique identification25number; and26(c) the transferor has verified the identity of the transferee by27examining a valid state identification document of the transferee issued28by the department of motor vehicles or if the transferee is not a resi-29dent of the state of New York, a valid identification document issued by30the transferee's state or country of residence containing a photograph31of the transferee.] 32 § 8. Subdivisions 2 and 6 of section 400.03 of the penal law, as 33 amended by section 8 of chapter 371 of the laws of 2022, are amended to 34 read as follows: 35 2. Any seller of ammunition or dealer in firearms shall keep [either36an electronic record, or dataset, or an organized collection of struc-37tured information, or data, typically stored electronically in a comput-38er system] a record book approved as to form by the superintendent of 39 state police. In the record book shall be entered at the time of every 40 transaction involving ammunition the date, name, age, occupation and 41 residence of any person from whom ammunition is received or to whom 42 ammunition is delivered, and the amount, calibre, manufacturer's name 43 and serial number, or if none, any other distinguishing number or iden- 44 tification mark on such ammunition. The record book shall be maintained 45 on the premises mentioned and described in the license and shall be open 46 at all reasonable hours for inspection by any peace officer, acting 47 pursuant to his or her special duties, or police officer. Any record 48 produced pursuant to this section and any transmission thereof to any 49 government agency shall not be considered a public record for purposes 50 of article six of the public officers law. 51 6. If the superintendent of state police certifies that background 52 checks of ammunition purchasers may be conducted through the national 53 instant criminal background check system [or through the division of54state police once the division has been designated point of contact], 55 use of that system by a dealer or seller shall be sufficient to satisfy 56 subdivisions four and five of this section and such checks shall beS. 2635 9 1 conducted through such system, provided that a record of such trans- 2 action shall be forwarded to the state police in a form determined by 3 the superintendent. 4 § 9. Section 265.45 of the penal law, as amended by chapter 371 of the 5 laws of 2022, is amended to read as follows: 6 § 265.45 Failure to safely store rifles, shotguns, and firearms in the 7 first degree. 8 [1.] No person who owns or is custodian of a rifle, shotgun or firearm 9 who resides with an individual who: (i) is under [eighteen] sixteen 10 years of age; (ii) such person knows or has reason to know is prohibited 11 from possessing a rifle, shotgun or firearm pursuant to a temporary or 12 final extreme risk protection order issued under article sixty-three-A 13 of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) 14 or (9); or (iii) such person knows or has reason to know is prohibited 15 from possessing a rifle, shotgun or firearm based on a conviction for a 16 felony or a serious offense, shall store or otherwise leave such rifle, 17 shotgun or firearm out of his or her immediate possession or control 18 without having first securely locked such rifle, shotgun or firearm in 19 an appropriate safe storage depository or rendered it incapable of being 20 fired by use of a gun locking device appropriate to that weapon. 21 [2. No person shall store or otherwise leave a rifle, shotgun, or22firearm out of his or her immediate possession or control inside a vehi-23cle without first removing the ammunition from and securely locking such24rifle, shotgun, or firearm in an appropriate safe storage depository out25of sight from outside of the vehicle.263.] For purposes of this section "safe storage depository" shall mean 27 a safe or other secure container which, when locked, is incapable of 28 being opened without the key, [keypad,] combination or other unlocking 29 mechanism and is capable of preventing an unauthorized person from 30 obtaining access to and possession of the weapon contained therein [and31shall be fire, impact, and tamper resistant]. Nothing in this section 32 shall be deemed to affect, impair or supersede any special or local act 33 relating to the safe storage of rifles, shotguns or firearms which 34 impose additional requirements on the owner or custodian of such weap- 35 ons. [For the purposes of subdivision two of this section, a glove36compartment or glove box shall not be considered an appropriate safe37storage depository.384.] It shall not be a violation of this section to allow a person less 39 than [eighteen] sixteen years of age access to: (i) a firearm, rifle or 40 shotgun for lawful use as authorized under paragraph seven or seven-e of 41 subdivision a of section 265.20 of this article, or (ii) a rifle or 42 shotgun for lawful use as authorized by article eleven of the environ- 43 mental conservation law when such person less than [eighteen] sixteen 44 years of age is the holder of a hunting license or permit and such rifle 45 or shotgun is used in accordance with such law. 46 Failure to safely store rifles, shotguns, and firearms in the first 47 degree is a class A misdemeanor. 48 § 10. Section 400.30 of the penal law is REPEALED. 49 § 11. Section 270.20 of the penal law, as amended by chapter 371 of 50 the laws of 2022, is amended to read as follows: 51 § 270.20 Unlawful wearing of a body [armor] vest. 52 1. A person is guilty of the unlawful wearing of a body [armor] vest 53 when acting either alone or with one or more other persons he commits 54 any violent felony offense defined in section 70.02 while possessing a 55 firearm, rifle or shotgun and in the course of and in furtherance of 56 such crime he or she wears a body [armor] vest.S. 2635 10 1 2. For the purposes of this section a "body [armor] vest" means [any2product that is a personal protective body covering intended to protect3against gunfire, regardless of whether such product is to be worn alone4or is sold as a complement to another product or garment] a bullet-re- 5 sistant soft body armor providing, as a minimum standard, the level of 6 protection known as threat level I which shall mean at least seven 7 layers of bullet-resistant material providing protection from three 8 shots of one hundred fifty-eight grain lead ammunition fired from a .38 9 calibre handgun at a velocity of eight hundred fifty feet per second. 10 The unlawful wearing of a body [armor] vest is a class E felony. 11 § 12. Section 270.21 of the penal law, as amended by chapter 371 of 12 the laws of 2022, is amended to read as follows: 13 § 270.21 Unlawful purchase of a body [armor] vest. 14 A person is guilty of the unlawful purchase of a body [armor] vest 15 when, not being engaged or employed in an eligible profession, they 16 knowingly purchase or take possession of a body [armor] vest, as such 17 term is defined in subdivision two of section 270.20 of this article. 18 This section shall not apply to individuals or entities engaged or 19 employed in eligible professions, which shall include police officers as 20 defined in section 1.20 of the criminal procedure law, peace officers as 21 defined in section 2.10 of the criminal procedure law, persons in mili- 22 tary service in the state of New York or military or other service for 23 the United States, and such other professions designated by the depart- 24 ment of state in accordance with section one hundred forty-four-a of the 25 executive law. 26 Unlawful purchase of a body [armor] vest is a class A misdemeanor for 27 a first offense and a class E felony for any subsequent offense. 28 § 13. Section 270.22 of the penal law, as amended by chapter 371 of 29 the laws of 2022, is amended to read as follows: 30 § 270.22 Unlawful sale of a body [armor] vest. 31 A person is guilty of the unlawful sale of a body [armor] vest when 32 they sell, exchange, give or dispose of a body [armor] vest, as such 33 term is defined in subdivision two of section 270.20 of this article, to 34 an individual whom they know or reasonably should have known is not 35 engaged or employed in an eligible profession, as such term is defined 36 in section 270.21 of this article. 37 Unlawful sale of a body [armor] vest is a class A misdemeanor for the 38 first offense and a class E felony for any subsequent offense. 39 § 14. Section 396-eee of the general business law, as amended by chap- 40 ter 371 of the laws of 2022, is amended to read as follows: 41 § 396-eee. Unlawful sale or delivery of body [armor] vests. 1. No 42 person, firm or corporation shall sell or deliver body [armor] vests to 43 any individual or entity not engaged or employed in an eligible profes- 44 sion, and except as provided in subdivision [two] three of this section, 45 no such sale or delivery shall be permitted unless the transferee meets 46 in person with the transferor to accomplish such sale or delivery. 47 2. The provisions of subdivision one of this section regarding in 48 person sale or delivery shall not apply to purchases made by [federal,] 49 state[,] or local government agencies for the purpose of furnishing such 50 body [armor] vests to employees in eligible professions. 51 3. For the purposes of this section, "body [armor] vest" shall have 52 the same meaning as defined in subdivision two of section 270.20 of the 53 penal law. 54 4. Any person, firm or corporation that violate the provisions of this 55 section shall be guilty of a violation punishable by a fine in an amountS. 2635 11 1 not to exceed five thousand dollars for the first offense and in an 2 amount not to exceed ten thousand dollars for any subsequent offense. 3 § 15. Section 144-a of the executive law, as amended by chapter 371 of 4 the laws of 2022, is amended to read as follows: 5 § 144-a. Eligible professions for the purchase, sale, and use of body 6 [armor] vests. The secretary of state in consultation with the division 7 of criminal justice services, the division of homeland security and 8 emergency services, the department of corrections and community super- 9 vision, the division of the state police, and the office of general 10 services shall promulgate rules and regulations to establish criteria 11 for eligible professions requiring the use of a body [armor] vest, as 12 such term is defined in subdivision two of section 270.20 of the penal 13 law. Such professions shall include those in which the duties may expose 14 the individual to serious physical injury that may be prevented or miti- 15 gated by the wearing of a body [armor] vest. Such rules and regulations 16 shall also include a process by which an individual or entity may 17 request that the profession in which they engage be added to the list of 18 eligible professions, a process by which the department shall approve 19 such professions, and a process by which individuals and entities may 20 present proof of engagement in eligible professions when purchasing a 21 body [armor] vest. 22 § 16. Section 228 of the executive law is REPEALED. 23 § 17. Subdivision 2 of section 898 of the general business law, as 24 amended by chapter 371 of the laws of 2022, is amended to read as 25 follows: 26 2. Before any sale, exchange or disposal pursuant to this article, a 27 national instant criminal background check must be completed by a dealer 28 who [shall submit a request to the division of state police pursuant to29section two hundred twenty-eight of the executive law] consents to 30 conduct such check, and upon completion of such background check, shall 31 complete a document, the form of which shall be approved by the super- 32 intendent of state police, that identifies and confirms that such check 33 was performed. Before a dealer who [has submitted a request to the divi-34sion of state police] consents to conduct a national instant criminal 35 background check delivers a firearm, rifle or shotgun to any person, 36 either (a) NICS [shall have] issued a "proceed" response to the dealer, 37 or (b) thirty calendar days shall have elapsed since the date the dealer 38 [submitted a request to the division of state police to contact the] 39 contacted NICS to initiate a national instant criminal background check 40 and NICS has not notified the [division of state police] dealer that the 41 transfer of the firearm, rifle or shotgun to such person should be 42 denied. 43 § 18. Paragraph (c) of subdivision 1 of section 896 of the general 44 business law, as amended by chapter 371 of the laws of 2022, is amended 45 to read as follows: 46 (c) [coordinate with the division of state police to] provide access 47 at the gun show to a firearm dealer licensed under federal law who is 48 authorized to perform a national instant criminal background check 49 [prior to any firearm sale or transfer] where the seller or transferor 50 of a firearm, rifle or shotgun is not authorized to conduct such a check 51 by (i) requiring firearm exhibitors who are firearm dealers licensed 52 under federal law and who are authorized to conduct a national instant 53 criminal background check to provide such a check at cost or (ii) desig- 54 nating a specific location at the gun show where a firearm dealer 55 licensed under federal law who is authorized to conduct a national 56 instant criminal background check will be present to perform such aS. 2635 12 1 check at cost. Any firearm dealer licensed under federal law who 2 [submits a request to the division of state police to perform] performs 3 a national instant criminal background check pursuant to this paragraph 4 shall provide the seller or transferor of the firearm, rifle or shotgun 5 with a copy of the United States Department of Treasury, Bureau of Alco- 6 hol, Tobacco and Firearms Form ATF F 4473 and such dealer shall maintain 7 such form and make such form available for inspection by law enforcement 8 agencies for a period of ten years thereafter. 9 § 19. Section 19 of chapter 371 of the laws of 2022 is REPEALED. 10 § 20. Section 400.06 of the penal law is REPEALED. 11 § 21. Section 99-pp of the state finance law as added by chapter 371 12 of the laws of 2022, is REPEALED. 13 § 22. Subdivision 19 of section 265.00 of the penal law, as amended by 14 chapter 371 of the laws of 2022, is amended to read as follows: 15 19. "Duly authorized instructor" means (a) a duly commissioned officer 16 of the United States army, navy, marine corps or coast guard, or of the 17 national guard of the state of New York; or (b) a duly qualified adult 18 citizen of the United States who has been granted a certificate as an 19 instructor in small arms practice issued by the United States army, navy 20 or marine corps, or by the adjutant general of this state, [or by the21division of criminal justice services,] or by the national rifle associ- 22 ation of America, a not-for-profit corporation duly organized under the 23 laws of this state; or (c) [by] a person duly qualified and designated 24 by the department of environmental conservation under paragraph c of 25 subdivision three of section 11-0713 of the environmental conservation 26 law as its agent in the giving of instruction and the making of certif- 27 ications of qualification in responsible hunting practices; or (d) a New 28 York state 4-H certified shooting sports instructor. 29 § 23. Subdivision 18 of section 400.00 of the penal law, as amended by 30 chapter 371 of the laws of 2022, is amended to read as follows: 31 18. Notice. Upon the issuance of a license, the licensing officer 32 shall issue therewith[, and such licensee shall attest to the receipt33of,] the following [information and notifications: (a) the grounds for34which the license issued may be revoked, which shall include but not be35limited to the areas and locations for which the licenses issued under36paragraph (f) of subdivision two of this section prohibits the37possession of firearms, rifles, and shotguns, and that a conviction38under sections 265.01-d and 265.01-e of this chapter are felonies for39which licensure will be revoked;40(b) a notification regarding the requirements for safe storage which41shall be] notice in conspicuous and legible twenty-four point type on 42 eight and one-half inches by eleven inches paper stating in bold print 43 the following: 44 WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. 45 [WHEN STORED IN A HOME] FIREARMS[, RIFLES, OR SHOTGUNS] MUST EITHER BE 46 STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT 47 BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR 48 OTHER LAWFUL POSSESSOR IF A CHILD [UNDER THE AGE OF EIGHTEEN] RESIDES IN 49 THE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A 50 PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW. 51 FIREARMS SHOULD BE STORED [BY REMOVING THE AMMUNITION FROM AND SECURELY52LOCKING SUCH FIREARM] UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM 53 AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED 54 PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. [WHEN STORED IN A55VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR CONTROL, FIREARMS,S. 2635 13 1RIFLES, AND SHOTGUNS MUST BE STORED IN AN APPROPRIATE SAFE STORAGE2DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.3(c) any other information necessary to ensure such licensee is aware4of their responsibilities as a license holder.] 5 Nothing in this subdivision shall be deemed to affect, impair or 6 supersede any special or local law relating to providing notice regard- 7 ing the safe storage of rifles, shotguns or firearms. 8 § 23-a. Subdivision 19 of section 400.00 of the penal law is 9 REPEALED. 10 § 24. Subdivisions 11 and 12 of section 265.00 of the penal law, as 11 amended by chapter 371 of the laws of 2022, are amended to read as 12 follows: 13 11. "Rifle" means a weapon designed or redesigned, made or remade, and 14 intended to be fired from the shoulder and designed or redesigned and 15 made or remade to use the energy of the explosive in a fixed metallic 16 cartridge to fire only a single projectile through a rifled bore for 17 each single pull of the trigger [using either: (a) fixed metallic18cartridge; or (b) each projectile and explosive charge are loaded indi-19vidually for each shot discharged. In addition to common, modern usage,20rifles include those using obsolete ammunition not commonly available in21commercial trade, or that load through the muzzle and fire a single22projectile with each discharge, or loading, including muzzle loading23rifles, flintlock rifles, and black powder rifles]. 24 12. "Shotgun" means a weapon designed or redesigned, made or remade, 25 and intended to be fired from the shoulder and designed or redesigned 26 and made or remade to use the energy of the explosive in a fixed shotgun 27 shell to fire through a smooth [or rifled] bore either a number of ball 28 shot or a single projectile for each single pull of the trigger [using29either: (a) a fixed shotgun shell; or (b) a projectile or number of ball30shot and explosive charge are loaded individually for each shot31discharged. In addition to common, modern usage, shotguns include those32using obsolete ammunition not commonly available in commercial trade, or33that load through the muzzle and fires ball shot with each discharge, or34loading, including muzzle loading shotguns, flintlock shotguns, and35black powder shotguns]. 36 § 25. Severability. If any clause, sentence, paragraph or section of 37 this act shall be adjudged by any court of competent jurisdiction to be 38 invalid, the judgment shall not affect, impair or invalidate the remain- 39 der thereof, but shall be confined in its operation to the clause, 40 sentence, paragraph or section thereof directly involved in the contro- 41 versy in which the judgment shall have been rendered. 42 § 26. This act shall take effect immediately; provided, however: 43 (a) if the amendments to subdivision 4-a of section 400.00 of the 44 penal law made by section one of chapter 371 of the laws of 2022 shall 45 not have taken effect on or before such date then the amendments to 46 subdivision 4-a of section 400.00 of the penal law as amended by section 47 one of this act shall take effect on the same date and in the same 48 manner as such chapter of the laws of 2022 takes effect; 49 (b) if section seventeen of chapter 371 of the laws of 2022 shall not 50 have taken effect on or before such date then the amendments to subdivi- 51 sion 2 of section 898 of the general business law made by section seven- 52 teen of this act shall take effect on the same date and in the same 53 manner as such section of such chapter of the laws of 2022 takes effect; 54 (c) if section eighteen of chapter 371 of the laws of 2022 shall not 55 have taken effect on or before such date then the amendments to para- 56 graph (c) of subdivision 1 of section 896 of the general business lawS. 2635 14 1 made by section eighteen of this act shall take effect on the same date 2 and in the same manner as such section of such chapter of the laws of 3 2022 takes effect; 4 (d) if section twenty-two of chapter 371 of the laws of 2022 shall not 5 have taken effect on or before such date then the amendments to subdivi- 6 sion 19 of section 265.00 of the general business law made by section 7 eighteen of this act shall take effect on the same date and in the same 8 manner as such section of such chapter of the laws of 2022 takes effect.
