Bill Text: NY S03930 | 2019-2020 | General Assembly | Introduced


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; and repeals certain provisions of law relating thereto.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2019-02-21 - REFERRED TO CODES [S03930 Detail]

Download: New_York-2019-S03930-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3930
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced  by Sens. SEWARD, AMEDORE, ANTONACCI, GALLIVAN, GRIFFO, HELM-
          ING, JORDAN, RANZENHOFER, TEDISCO -- 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  Section 400.03 of the penal law is REPEALED.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 added by chapter 1 of the laws of 2013, is amended  to  read  as
    14  follows:
    15    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
    16  and  any  large  capacity  ammunition  feeding  device  that was legally
    17  possessed by an individual prior to the enactment of [the]  chapter  one
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09212-01-9

        S. 3930                             2
     1  of  the  laws of two thousand thirteen [which added this paragraph], may
     2  only be sold to, exchanged with or disposed of to a purchaser authorized
     3  to possess such weapons or to an individual or  entity  outside  of  the
     4  state provided that any such transfer to an individual or entity outside
     5  of the state must be reported to the entity wherein the weapon is regis-
     6  tered  within  seventy-two  hours  of  such  transfer. An individual who
     7  transfers any such weapon or large  capacity  ammunition  device  to  an
     8  individual   inside  New  York  state  or  without  complying  with  the
     9  provisions of this paragraph shall be guilty of a  class  A  misdemeanor
    10  unless  such large capacity ammunition feeding device, the possession of
    11  which is made illegal by [the] chapter one of the laws of  two  thousand
    12  thirteen [which added this paragraph], is transferred within one year of
    13  the  effective  date  of  [the]  chapter one of the laws of two thousand
    14  thirteen [which added this paragraph].
    15    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
    16  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
    17  that was legally possessed and validly registered by an individual prior
    18  to his or her death may be transferred by the estate of such  individual
    19  to  one  of  his  or  her immediate family members. For purposes of this
    20  subparagraph, the meaning of immediate family member is  as  defined  by
    21  subdivision  one  of  section  eight hundred ninety-eight of the general
    22  business law.
    23    § 4. Subdivision 5 of section 400.00 of the penal law, as  amended  by
    24  chapter 1 of the laws of 2013, is amended to read as follows:
    25    5.  Filing  of  approved  applications.  [(a)] The application for any
    26  license, if granted, shall be filed by the licensing  officer  with  the
    27  clerk  of  the  county  of issuance, except that in the city of New York
    28  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    29  designate  the  place  of  filing in the appropriate division, bureau or
    30  unit of the police department thereof, and in the county of Suffolk  the
    31  county  clerk  is  hereby authorized to transfer all records or applica-
    32  tions relating to firearms to the licensing authority  of  that  county.
    33  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    34  the name and  address]  The  application  and  any  supporting  records,
    35  including  any  information  contained therein, of any person to whom an
    36  application for any license has been  granted  shall  not  be  a  public
    37  record and shall not be subject to disclosure pursuant to article six of
    38  the  public officers law. Upon application by a licensee who has changed
    39  his or her place of residence such  records  or  applications  shall  be
    40  transferred  to  the  appropriate officer at the licensee's new place of
    41  residence. A duplicate copy of such application shall be  filed  by  the
    42  licensing  officer  in  the  executive  department,  division  of [state
    43  police] criminal justice services, Albany, within ten days  after  issu-
    44  ance of the license. The [superintendent] commissioner of [state police]
    45  criminal  justice  services may designate that such application shall be
    46  transmitted to the division of [state police] criminal justice  services
    47  electronically.  In  the  event the [superintendent] commissioner of the
    48  division of [state police] criminal justice services determines that  it
    49  lacks  any of the records required to be filed with the division, it may
    50  request that such records be provided to it by  the  appropriate  clerk,
    51  department  or  authority  and such clerk, department or authority shall
    52  provide the division with such records. In the event such clerk, depart-
    53  ment or authority lacks such  records,  the  division  may  request  the
    54  license  holder provide information sufficient to constitute such record
    55  and such license holder shall provide the division  with  such  informa-
    56  tion.  Such  information  shall be limited to the license holder's name,

        S. 3930                             3
     1  date of birth, gender, race, residential address, social security number
     2  and firearms possessed by said license holder. Nothing in this  subdivi-
     3  sion  shall  be  construed to change the expiration date or term of such
     4  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
     5  collected for purposes of inclusion in the database established by  this
     6  section  shall  be released pursuant to a court order. Records assembled
     7  or collected for purposes of inclusion in the database created  pursuant
     8  to  section  400.02  of  this  [chapter] article shall not be subject to
     9  disclosure pursuant to article six of the  public  officers  law  except
    10  that  the  total number of persons registered in any county of the state
    11  may be disclosed without  any  other  identifying  information  about  a
    12  registrant.
    13    [(b)  Each application for a license pursuant to paragraph (a) of this
    14  subdivision shall include, on a separate written form  prepared  by  the
    15  division of state police within thirty days of the effective date of the
    16  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
    17  section, and provided to the applicant at the same time and in the  same
    18  manner  as  the application for a license, an opportunity for the appli-
    19  cant to request an exception from his  or  her  application  information
    20  becoming  public  record  pursuant to paragraph (a) of this subdivision.
    21  Such forms, which shall also be made available to  individuals  who  had
    22  applied for or been granted a license prior to the effective date of the
    23  chapter of the laws of two thousand thirteen which amended this section,
    24  shall notify applicants that, upon discovery that an applicant knowingly
    25  provided  false  information, such applicant may be subject to penalties
    26  pursuant to section 175.30 of this chapter, and further, that his or her
    27  request for an exception shall be null and void, provided  that  written
    28  notice  containing  such  determination  is  provided  to the applicant.
    29  Further, such forms shall provide each applicant an opportunity to spec-
    30  ify the grounds on which he or  she  believes  his  or  her  application
    31  information should not be publicly disclosed. These grounds, which shall
    32  be identified on the application with a box beside each for checking, as
    33  applicable, by the applicant, shall be as follows:
    34    (i)  the  applicant's  life  or safety may be endangered by disclosure
    35  because:
    36    (A) the applicant is an active or retired police officer, peace  offi-
    37  cer, probation officer, parole officer, or corrections officer;
    38    (B)  the applicant is a protected person under a currently valid order
    39  of protection;
    40    (C) the applicant is or was a witness in a criminal proceeding involv-
    41  ing a criminal charge;
    42    (D) the applicant is participating or  previously  participated  as  a
    43  juror  in  a criminal proceeding, or is or was a member of a grand jury;
    44  or
    45    (E) the applicant is a spouse, domestic partner or household member of
    46  a person identified in this subparagraph or subparagraph  (ii)  of  this
    47  paragraph,  specifying  which  subparagraph or subparagraphs and clauses
    48  apply.
    49    (ii) the applicant has reason to believe his or her life or safety may
    50  be endangered by disclosure due to reasons stated by the applicant.
    51    (iii) the applicant has reason to believe he or she may be subject  to
    52  unwarranted harassment upon disclosure of such information.
    53    (c)  Each  form provided for recertification pursuant to paragraph (b)
    54  of subdivision ten of this section shall include an opportunity for  the
    55  applicant  to request an exception from the information provided on such
    56  form becoming public record pursuant to paragraph (a) of  this  subdivi-

        S. 3930                             4

     1  sion.  Such  forms  shall notify applicants that, upon discovery that an
     2  applicant knowingly provided false information, such  applicant  may  be
     3  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
     4  further,  that  his  or  her  request for an exception shall be null and
     5  void, provided that written  notice  containing  such  determination  is
     6  provided to the applicant. Further, such forms shall provide each appli-
     7  cant  an opportunity to either decline to request the grant or continua-
     8  tion of an exception, or specify the grounds on which he or she believes
     9  his or her information should not be publicly disclosed. These  grounds,
    10  which  shall be identified in the application with a box beside each for
    11  checking, as applicable, by the applicant, shall be the same as provided
    12  in paragraph (b) of this subdivision.
    13    (d) Information submitted on the forms described in paragraph  (b)  of
    14  this subdivision shall be excepted from disclosure and maintained by the
    15  entity  retaining  such  information  separate  and apart from all other
    16  records.
    17    (e) (i) Upon receiving a request for exception  from  disclosure,  the
    18  licensing  officer  shall  grant  such  exception, unless the request is
    19  determined to be null and void, pursuant to paragraph (b) or (c) of this
    20  subdivision.
    21    (ii) A request for an exception from disclosure may  be  submitted  at
    22  any time, including after a license or recertification has been granted.
    23    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    24  of this subdivision, the application information  shall  not  be  public
    25  record,  unless  the  request  is  determined to be null and void. If an
    26  exception is sought and granted pursuant to paragraph (c) of this subdi-
    27  vision, the  information  concerning  such  recertification  application
    28  shall  not be public record, unless the request is determined to be null
    29  and void.
    30    (f) The information of licensees or applicants for a license shall not
    31  be disclosed to the public during the  first  one  hundred  twenty  days
    32  following  the effective date of the chapter of the laws of two thousand
    33  thirteen, which amended this section. After such period, the information
    34  of those who had applied for or been granted  a  license  prior  to  the
    35  preparation  of  the form for requesting an exception, pursuant to para-
    36  graph (b) of this subdivision, may be released only if such  individuals
    37  did not file a request for such an exception during the first sixty days
    38  following  such  preparation;  provided,  however,  that  no information
    39  contained in an application for licensure or  recertification  shall  be
    40  disclosed  by  an  entity  that  has  not  completed processing any such
    41  requests received during such sixty days.
    42    (g) If a request for an exception is determined to be  null  and  void
    43  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    44  request review of such determination pursuant to  article  seventy-eight
    45  of  the  civil  practice  laws  and rules. Such proceeding must commence
    46  within thirty days after service of the written  notice  containing  the
    47  adverse  determination. Notice of the right to commence such a petition,
    48  and the time period therefor, shall be included in  the  notice  of  the
    49  determination.  Disclosure  following  such a petition shall not be made
    50  prior to the disposition of such review.]
    51    § 5. Section 9.46 of the mental hygiene law, as added by chapter 1  of
    52  the laws of 2013, is amended to read as follows:
    53  § 9.46 Reports  of  substantial  risk or threat of harm by mental health
    54           professionals.

        S. 3930                             5
     1    (a) For purposes of this section,  the  term  "mental  health  profes-
     2  sional"  shall  include  a  physician, psychologist, registered nurse or
     3  licensed clinical social worker.
     4    (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
     5  health professional currently providing treatment services to  a  person
     6  determines,  in  the  exercise of reasonable professional judgment, that
     7  such person is likely to engage in conduct that would result in  serious
     8  harm  to  self or others, he or she shall be required to report, as soon
     9  as practicable, to the director of community services, or the director's
    10  designee[, who shall report to the division of criminal justice services
    11  whenever he or she agrees that the person is likely to  engage  in  such
    12  conduct].  Any report made by a mental health professional to the direc-
    13  tor of community services, or  the  director's  designee  shall  include
    14  current  contact  information for such person including, but not limited
    15  to, the person's: (1) name, (2) mailing address, (3)  phone  number  and
    16  (4)  email address. The director of community services or the director's
    17  designee shall report to the division of criminal justice services  upon
    18  a  finding  that  the  person  is likely to engage in conduct that would
    19  result in serious harm to self or others. Information transmitted to the
    20  division of criminal justice services shall  be  limited  to  names  and
    21  other  non-clinical  identifying information, which may only be used for
    22  determining whether a license issued pursuant to section 400.00  of  the
    23  penal  law  should be suspended or revoked, or for determining whether a
    24  person is ineligible for a license issued pursuant to section 400.00  of
    25  the  penal  law, or is no longer permitted under state or federal law to
    26  possess a firearm.
    27    (c) The director of community  services  or  the  director's  designee
    28  shall  inform such person via written notice when a report regarding the
    29  substantial risk or threat of harm posed by the person is  sent  to  the
    30  division  of  criminal  justice services. Such notice shall include, but
    31  not be limited to:
    32    (1) the person's name;
    33    (2) notice that a report has been sent to  the  division  of  criminal
    34  justice services stating that the named person has been deemed likely to
    35  engage in conduct that would result in serious harm to self or others;
    36    (3)  the  date the report was sent to the division of criminal justice
    37  services;
    38    (4) the person's right to submit a petition for relief from disability
    39  to the national instant criminal background check system (NICS)  appeals
    40  office  of  the  office  of  mental health or NICS appeals office of the
    41  office for people with  developmental  disabilities,  as  set  forth  in
    42  subdivision  (j)  of  section  7.09 of this title and subdivision (g) of
    43  section 13.09 of this chapter and sections five hundred forty-three  and
    44  six  hundred  forty-three  of  article  fourteen of the New York code of
    45  rules and regulations;
    46    (5) contact information for the NICS appeals office of the  office  of
    47  mental  hygiene or the NICS appeals office of the office for people with
    48  developmental disabilities; and
    49    (6) any applicable deadline for submission of a  petition  for  relief
    50  from disability.
    51    (d)  Nothing  in  this  section shall be construed to require a mental
    52  health professional to take any action which, in the exercise of reason-
    53  able professional judgment, would endanger such  mental  health  profes-
    54  sional or increase the danger to a potential victim or victims.
    55    [(d)]  (e) The decision of a mental health professional to disclose or
    56  not to disclose in accordance with this section,  when  made  reasonably

        S. 3930                             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. 3930                             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 subdivisions 4, 9 and 10 as amended and subdivisions 16-a and
     8  16-b as added by chapter 1 of the  laws  of  2013,  paragraph  (a-1)  of
     9  subdivision 16-a as added by chapter 98 of the laws of 2013, are amended
    10  to read as follows:
    11    (a)  Applications  shall be made and renewed, in the case of a license
    12  to carry or possess a pistol or revolver, to the  licensing  officer  in
    13  the  city or county, as the case may be, where the applicant resides, is
    14  principally employed or has his or her principal place  of  business  as
    15  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
    16  dealer in firearms, to the licensing officer where such place  of  busi-
    17  ness  is  located.  Blank  applications shall, except in the city of New
    18  York, be approved as to form by the  [superintendent  of  state  police]
    19  division  of  criminal  justice services. An application shall state the
    20  full name, date of birth, residence, present occupation of  each  person
    21  or individual signing the same, whether or not he or she is a citizen of
    22  the  United States, whether or not he or she complies with each require-
    23  ment for eligibility specified in subdivision one of  this  section  and
    24  such  other  facts as may be required to show the good character, compe-
    25  tency and integrity of each person or individual  signing  the  applica-
    26  tion. An application shall be signed and verified by the applicant. Each
    27  individual signing an application shall submit one photograph of himself
    28  or  herself  and  a duplicate for each required copy of the application.
    29  Such photographs shall have been  taken  within  thirty  days  prior  to
    30  filing  the  application.  In case of a license as gunsmith or dealer in
    31  firearms, the photographs submitted shall be two inches square, and  the
    32  application  shall also state the previous occupation of each individual
    33  signing the same and the location of the place of such business,  or  of
    34  the  bureau,  agency,  subagency,  office or branch office for which the
    35  license is sought, specifying the name of the  city,  town  or  village,
    36  indicating   the  street  and  number  and  otherwise  giving  such  apt
    37  description as to point out reasonably the  location  thereof.  In  such
    38  case,  if the applicant is a firm, partnership or corporation, its name,
    39  date and place of formation, and principal place of  business  shall  be
    40  stated.  For  such  firm or partnership, the application shall be signed
    41  and verified by each individual composing or intending  to  compose  the
    42  same, and for such corporation, by each officer thereof.
    43    4.  Investigation.  Before a license is issued or renewed, there shall
    44  be an investigation of all statements required in the application by the
    45  duly constituted police authorities of the locality where such  applica-
    46  tion is made, including but not limited to such records as may be acces-
    47  sible  to the [division of state police or] division of criminal justice
    48  services pursuant to section 400.02 of this article. For  that  purpose,
    49  the  records  of  the  appropriate  office  of  the department of mental
    50  hygiene concerning previous or present mental illness of  the  applicant
    51  shall  be  available  for inspection by the investigating officer of the
    52  police authority. In order to ascertain any  previous  criminal  record,
    53  the  investigating  officer  shall  take  the  fingerprints and physical
    54  descriptive data in quadruplicate of each individual by whom the  appli-
    55  cation  is signed and verified. Two copies of such fingerprints shall be
    56  taken on standard fingerprint cards eight inches square,  and  one  copy

        S. 3930                             8
     1  may  be  taken on a card supplied for that purpose by the federal bureau
     2  of investigation; provided, however, that in the  case  of  a  corporate
     3  applicant  that has already been issued a dealer in firearms license and
     4  seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
     5  location, the original fingerprints on file may be used to ascertain any
     6  criminal record in the second or subsequent application  unless  any  of
     7  the  corporate  officers  have  changed  since the prior application, in
     8  which case the  new  corporate  officer  shall  comply  with  procedures
     9  governing  an  initial application for such license. When completed, one
    10  standard card shall be forwarded to and  retained  by  the  division  of
    11  criminal  justice  services  in  the  executive department, at Albany. A
    12  search of the files of such division and  written  notification  of  the
    13  results of the search to the investigating officer shall be made without
    14  unnecessary  delay. Thereafter, such division shall notify the licensing
    15  officer and the executive department, division of state police,  Albany,
    16  of  any criminal record of the applicant filed therein subsequent to the
    17  search of its files. A second standard card, or the one supplied by  the
    18  federal  bureau of investigation, as the case may be, shall be forwarded
    19  to that bureau at Washington with a request that the files of the bureau
    20  be searched and notification of the results of the search be made to the
    21  investigating police authority. Of the remaining two fingerprint  cards,
    22  one  shall  be  filed  with the executive department, division of [state
    23  police] criminal justice services, Albany, within ten days  after  issu-
    24  ance of the license, and the other remain on file with the investigating
    25  police  authority.  No  such fingerprints may be inspected by any person
    26  other than a peace officer,  who  is  acting  pursuant  to  his  special
    27  duties,  or a police officer, except on order of a judge or justice of a
    28  court of record either upon notice to the licensee or without notice, as
    29  the judge or justice may deem appropriate. Upon completion of the inves-
    30  tigation, the police authority shall report the results to the licensing
    31  officer without unnecessary delay.
    32    7. License: form. Any license issued pursuant to this  section  shall,
    33  except  in  the  city of New York, be approved as to form by the [super-
    34  intendent of state police] division  of  criminal  justice  services.  A
    35  license to carry or possess a pistol or revolver shall have attached the
    36  licensee's  photograph, and a coupon which shall be removed and retained
    37  by any person disposing of a firearm to the licensee. Such license shall
    38  specify the weapon covered by calibre, make, model, manufacturer's  name
    39  and  serial  number,  or  if none, by any other distinguishing number or
    40  identification mark, and shall indicate whether issued to carry  on  the
    41  person  or  possess  on  the premises, and if on the premises shall also
    42  specify the place where the licensee shall possess  the  same.  If  such
    43  license  is  issued  to  an  alien,  or to a person not a citizen of and
    44  usually a resident in the state, the licensing officer  shall  state  in
    45  the  license the particular reason for the issuance and the names of the
    46  persons certifying to the good character of the applicant.  Any  license
    47  as  gunsmith  or dealer in firearms shall mention and describe the prem-
    48  ises for which it is issued and shall be valid only for such premises.
    49    9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
    50  person  licensed  to  carry or possess a pistol or revolver may apply at
    51  any time to his or her licensing officer for amendment  of  his  or  her
    52  license  to  include  one or more such weapons or to cancel weapons held
    53  under license. If granted, a record  of  the  amendment  describing  the
    54  weapons  involved  shall be filed by the licensing officer in the execu-
    55  tive department, division of [state police] criminal  justice  services,
    56  Albany.  The  [superintendent  of  state  police]  division  of criminal

        S. 3930                             9
     1  justice services may authorize that  such  amendment  be  completed  and
     2  transmitted  to the [state police] division in electronic form.  Notifi-
     3  cation of any change of residence shall be made in writing by any licen-
     4  see  within  ten  days  after  such  change occurs, and a record of such
     5  change shall be inscribed by such licensee on the reverse side of his or
     6  her license. Elsewhere than in the city of New York, and in the counties
     7  of Nassau and Suffolk, such notification shall be made to the  executive
     8  department,  division of [state police] criminal justice services, Alba-
     9  ny, and in the city of New York to the police commissioner of that city,
    10  and in the county of Nassau to the police commissioner of  that  county,
    11  and  in  the  county of Suffolk to the licensing officer of that county,
    12  who shall, within ten days after such notification shall be received  by
    13  him  or  her,  give  notice  in  writing of such change to the executive
    14  department, division of [state police]  criminal  justice  services,  at
    15  Albany.
    16    10.  License:  expiration,  certification and renewal. (a) Any license
    17  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    18  license  to  carry  or  possess a pistol or revolver, issued at any time
    19  pursuant to this section or prior to the first  day  of  July,  nineteen
    20  hundred  sixty-three  and not limited to expire on an earlier date fixed
    21  in the license, shall expire not more than three years after the date of
    22  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
    23  license  to  carry  or  possess a pistol or revolver, issued at any time
    24  pursuant to this section or prior to the first  day  of  July,  nineteen
    25  hundred  sixty-three  and not limited to expire on an earlier date fixed
    26  in the license, shall expire not more than five years after the date  of
    27  issuance;  however, in the county of Westchester, any such license shall
    28  be certified prior to the first day of April, two thousand,  in  accord-
    29  ance  with  a schedule to be contained in regulations promulgated by the
    30  commissioner of the division of criminal  justice  services,  and  every
    31  such  license  shall  be  recertified  every  five years thereafter. For
    32  purposes of this section certification  shall  mean  that  the  licensee
    33  shall  provide  to the licensing officer the following information only:
    34  current name, date of birth, current address, and the make, model, cali-
    35  ber and serial number of all firearms currently possessed. Such  certif-
    36  ication  information shall be filed by the licensing officer in the same
    37  manner as an amendment. Elsewhere than in the city of New York  and  the
    38  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    39  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    40  section  or prior to the first day of July, nineteen hundred sixty-three
    41  and not previously revoked or cancelled, shall be in  force  and  effect
    42  until  revoked  as herein provided. Any license not previously cancelled
    43  or revoked shall remain in full force and effect for thirty days  beyond
    44  the  stated  expiration date on such license. Any application to renew a
    45  license that has not previously expired, been revoked or cancelled shall
    46  thereby extend the term of the license until disposition of the applica-
    47  tion by the licensing officer. In the case of a license for gunsmith  or
    48  dealer  in  firearms,  in  counties having a population of less than two
    49  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    50  submitted  on  original applications and upon renewal thereafter only at
    51  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
    52  original  license has been despoiled, lost or otherwise removed from the
    53  possession of the licensee and upon application containing an additional
    54  photograph of the licensee, the licensing officer shall issue  a  dupli-
    55  cate license.

        S. 3930                            10
     1    (b)  All  licensees  shall  be  recertified  to the [division of state
     2  police] licensing officer  every  five  years  thereafter.  Any  license
     3  issued before the effective date of [the] chapter one of the laws of two
     4  thousand  thirteen  [which added this paragraph] shall be recertified by
     5  the  licensee  on  or  before [January] March thirty-first, two thousand
     6  eighteen, and not less than one year prior  to  such  date,  the  [state
     7  police] division of criminal justice services shall send a notice to all
     8  license  holders  who have not recertified by such time. [Such recertif-
     9  ication shall be in a form as approved by the  superintendent  of  state
    10  police,  which  shall  request the license holder's name, date of birth,
    11  gender, race, residential  address,  social  security  number,  firearms
    12  possessed  by  such  license  holder, email address at the option of the
    13  license holder and an  affirmation  that  such  license  holder  is  not
    14  prohibited  from possessing firearms.] Recertification shall contain the
    15  information and shall be in the form set forth hereinbelow:
    16                               RECERTIFICATION
    17  1. Name ________________________________________________________________
    18  2. Date of Birth _______________________________________________________
    19  3. Gender ______________________________________________________________
    20  4. Race ________________________________________________________________
    21  5. Residential Address _________________________________________________
    22  ________________________________________________________________________
    23  ________________________________________________________________________
    24  6. Social Security Number ______________________________________________
    25  7. Email Address (optional) ____________________________________________
    26  8. List all firearms possessed on license: _____________________________
    27  ________________________________________________________________________
    28  ________________________________________________________________________
    29  ________________________________________________________________________
    30  ________________________________________________________________________
    31  Upon receipt of the completed recertification form, the licensing  offi-
    32  cer  will  compare  the  information provided with the information main-
    33  tained by the licensing officer for such license  holder,  and  promptly
    34  notify  the  license  holder  of  any  discrepancies that may exist, and
    35  provide instruction as to applying for an amendment pursuant to subdivi-
    36  sion nine this section. After the resolution of any pending applications
    37  for amendments, the licensing officer shall retain a copy of the  recer-
    38  tification  and  a  copy  shall be filed by the licensing officer in the
    39  executive department, division of  criminal  justice  services,  Albany,
    40  within  ten days. The form may be in an electronic form if so designated
    41  by the [superintendent of state police]  division  of  criminal  justice
    42  services.  Failure  to  recertify  shall  act  as  a  revocation of such
    43  license. If the [New York state police] division  shall  discover  as  a
    44  result  of the recertification process that a licensee failed to provide
    45  a change of address, the [New York state police]  division  of  criminal

        S. 3930                            11
     1  justice  services shall not require the licensing officer to revoke such
     2  license.
     3    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
     4  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
     5  possessed  before the date of the effective date of [the] chapter one of
     6  the laws of two thousand thirteen [which  added  this  paragraph],  must
     7  make  an application to register such weapon with the [superintendent of
     8  state police] division of  criminal  justice  services,  in  the  manner
     9  provided  by the [superintendent] division of criminal justice services,
    10  or by amending a license issued pursuant to this section within one year
    11  of the effective date of this  subdivision  except  any  weapon  defined
    12  under  subparagraph  (vi)  of paragraph (g) of subdivision twenty-two of
    13  section 265.00 of this chapter transferred into the state may be  regis-
    14  tered  at  any  time, provided such weapons are registered within thirty
    15  days of their transfer into the state.  Registration  information  shall
    16  include  the registrant's name, date of birth, gender, race, residential
    17  address, social security number and a description of each  weapon  being
    18  registered. A registration of any weapon defined under subparagraph (vi)
    19  of  paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
    20  ing device as defined under subdivision twenty-three of  section  265.00
    21  of this chapter shall be transferable, provided that the seller notifies
    22  the  [state  police] division of criminal justice services within seven-
    23  ty-two hours of the transfer and the buyer provides the  [state  police]
    24  division  of  criminal  justice  services with information sufficient to
    25  constitute a registration under this section.  Such  registration  shall
    26  not be valid if such registrant is prohibited or becomes prohibited from
    27  possessing  a firearm pursuant to state or federal law. The [superinten-
    28  dent] division of criminal justice services shall determine whether such
    29  registrant is prohibited from possessing a firearm under state or feder-
    30  al law. Such check shall be limited to determining whether  the  factors
    31  in  18 USC 922 (g) apply or whether a registrant has been convicted of a
    32  serious offense as  defined  in  subdivision  [sixteen-b]  seventeen  of
    33  section  265.00  of this chapter, so as to prohibit such registrant from
    34  possessing a firearm, and whether a report has been issued  pursuant  to
    35  section  9.46 of the mental hygiene law. All registrants shall recertify
    36  to the division of [state police] criminal justice services  every  five
    37  years  thereafter.  Failure to recertify shall result in a revocation of
    38  such registration.
    39    (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
    40  this  subdivision,  an owner of an assault weapon as defined in subdivi-
    41  sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
    42  retired New York or federal law enforcement officer as defined in subdi-
    43  vision  twenty-five of section 265.00 of this chapter, where such weapon
    44  was issued to or purchased by such officer prior to  retirement  and  in
    45  the course of his or her official duties, and for which such officer was
    46  qualified  by the agency that employed such officer within twelve months
    47  prior to his or her retirement, must register such weapon  within  sixty
    48  days of retirement.
    49    (b)  The [superintendent of state police] division of criminal justice
    50  services shall create and maintain an internet website  to  educate  the
    51  public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
    52  tomatic  pistol  or weapon that are illegal as a result of the enactment
    53  of [the] chapter one of the laws of two thousand thirteen  [which  added
    54  this  paragraph],  as  well  as  such  assault weapons which are illegal
    55  pursuant to article two hundred sixty-five of this chapter. Such website
    56  shall contain information to assist the public in recognizing the  rele-

        S. 3930                            12
     1  vant features proscribed by such article two hundred sixty-five, as well
     2  as which make and model of weapons that require registration.
     3    (c)  A person who knowingly fails to apply to register such weapon, as
     4  required by this section, within one year of the effective date of [the]
     5  chapter one of the laws of two thousand thirteen [which added this para-
     6  graph] shall be guilty of a class A  misdemeanor  and  such  person  who
     7  unknowingly  fails  to validly register such weapon within such one year
     8  period shall be given  a  warning  by  an  appropriate  law  enforcement
     9  authority  about such failure and given thirty days in which to apply to
    10  register such weapon or to surrender it. A failure to apply or surrender
    11  such weapon within such thirty-day period shall result  in  such  weapon
    12  being removed by an appropriate law enforcement authority and declared a
    13  nuisance.
    14    16-b.  The cost of the software, programming and interface required to
    15  transmit any record that must be electronically transmitted by the deal-
    16  er or licensing officer to  the  division  of  [state  police]  criminal
    17  justice  services, and any cost borne by the licensing officer to admin-
    18  ister or maintain records related to the recertification process by  the
    19  licensing  officer,  both pursuant to this chapter shall be borne by the
    20  state.
    21    § 9. Section 400.02 of the penal law, as added by  chapter  1  of  the
    22  laws of 2013, is amended to read as follows:
    23  § 400.02 Statewide license and record database.
    24    There  shall be a statewide license and record database which shall be
    25  created and maintained  by  the  division  of  [state  police]  criminal
    26  justice  services  the  cost  of which shall not be borne by any munici-
    27  pality. Records assembled or collected for purposes of inclusion in such
    28  database shall not be subject to disclosure pursuant to article  six  of
    29  the public officers law. Records containing granted license applications
    30  shall  be  periodically  checked  by  the  division  of criminal justice
    31  services against criminal  conviction,  mental  health,  and  all  other
    32  records  as  are necessary to determine their continued accuracy as well
    33  as whether an individual is no longer a valid license holder. The  divi-
    34  sion  of criminal justice services shall also check pending applications
    35  made pursuant to this article against such records to determine  whether
    36  a  license  may  be granted. All state agencies shall cooperate with the
    37  division of criminal justice services, as otherwise authorized  by  law,
    38  in making their records available for such checks. The division of crim-
    39  inal justice services, upon determining that an individual is ineligible
    40  to  possess  a  license,  or  is no longer a valid license holder, shall
    41  notify the applicable licensing official of such determination and  such
    42  licensing  official shall not issue a license or revoke such license and
    43  any weapons owned or possessed  by  such  individual  shall  be  removed
    44  consistent  with  the provisions of subdivision eleven of section 400.00
    45  of this article. Local and state law enforcement shall  have  access  to
    46  such  database,  as  otherwise  authorized by law, in the performance of
    47  their duties. Records assembled or collected for purposes  of  inclusion
    48  in  the  database established by this section shall be released pursuant
    49  to a court order.
    50    § 10. This act shall take effect immediately; provided that:
    51    1. section four of this act shall take effect on the first of November
    52  next succeeding the date on which it shall have become a law; and
    53    2. sections five, six and seven of this act shall take effect  on  the
    54  ninetieth day after it shall have become a law.
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