Bill Text: NY S03958 | 2017-2018 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2018-01-30 - PRINT NUMBER 3958A [S03958 Detail]

Download: New_York-2017-S03958-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3958--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 31, 2017
                                       ___________
        Introduced  by  Sens.  SEWARD,  AMEDORE, CROCI, FUNKE, GALLIVAN, GRIFFO,
          HELMING, MARCHIONE, MURPHY, O'MARA, ORTT, RITCHIE,  SERINO,  YOUNG  --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Codes -- recommitted to the  Committee  on  Codes  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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  Section 400.03 of the penal law is REPEALED.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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02060-02-8
        S. 3958--A                          2
     1    §  3.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
     2  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
     3  follows:
     4    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
     5  and  any  large  capacity  ammunition  feeding  device  that was legally
     6  possessed by an individual prior to the enactment of [the]  chapter  one
     7  of  the  laws of two thousand thirteen [which added this paragraph], may
     8  only be sold to, exchanged with or disposed of to a purchaser authorized
     9  to possess such weapons or to an individual or  entity  outside  of  the
    10  state provided that any such transfer to an individual or entity outside
    11  of the state must be reported to the entity wherein the weapon is regis-
    12  tered  within  seventy-two  hours  of  such  transfer. An individual who
    13  transfers any such weapon or large  capacity  ammunition  device  to  an
    14  individual   inside  New  York  state  or  without  complying  with  the
    15  provisions of this paragraph shall be guilty of a  class  A  misdemeanor
    16  unless  such large capacity ammunition feeding device, the possession of
    17  which is made illegal by [the] chapter one of the laws of  two  thousand
    18  thirteen [which added this paragraph], is transferred within one year of
    19  the  effective  date  of  [the]  chapter one of the laws of two thousand
    20  thirteen [which added this paragraph].
    21    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
    22  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
    23  that was legally possessed and validly registered by an individual prior
    24  to his or her death may be transferred by the estate of such  individual
    25  to  one  of  his  or  her immediate family members. For purposes of this
    26  subparagraph, the meaning of immediate family member is  as  defined  by
    27  subdivision  one  of  section  eight hundred ninety-eight of the general
    28  business law.
    29    § 4. Subdivision 5 of section 400.00 of the penal law, as  amended  by
    30  chapter 1 of the laws of 2013, is amended to read as follows:
    31    5.  Filing  of  approved  applications.  [(a)] The application for any
    32  license, if granted, shall be filed by the licensing  officer  with  the
    33  clerk  of  the  county  of issuance, except that in the city of New York
    34  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    35  designate  the  place  of  filing in the appropriate division, bureau or
    36  unit of the police department thereof, and in the county of Suffolk  the
    37  county  clerk  is  hereby authorized to transfer all records or applica-
    38  tions relating to firearms to the licensing authority  of  that  county.
    39  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    40  the name and  address]  The  application  and  any  supporting  records,
    41  including  any  information  contained therein, of any person to whom an
    42  application for any license has been  granted  shall  not  be  a  public
    43  record and shall not be subject to disclosure pursuant to article six of
    44  the  public officers law. Upon application by a licensee who has changed
    45  his or her place of residence such  records  or  applications  shall  be
    46  transferred  to  the  appropriate officer at the licensee's new place of
    47  residence. A duplicate copy of such application shall be  filed  by  the
    48  licensing  officer  in  the  executive  department,  division  of [state
    49  police] criminal justice services, Albany, within ten days  after  issu-
    50  ance of the license. The [superintendent] commissioner of [state police]
    51  criminal  justice  services may designate that such application shall be
    52  transmitted to the division of [state police] criminal justice  services
    53  electronically.  In  the  event the [superintendent] commissioner of the
    54  division of [state police] criminal justice services determines that  it
    55  lacks  any of the records required to be filed with the division, it may
    56  request that such records be provided to it by  the  appropriate  clerk,
        S. 3958--A                          3
     1  department  or  authority  and such clerk, department or authority shall
     2  provide the division with such records. In the event such clerk, depart-
     3  ment or authority lacks such  records,  the  division  may  request  the
     4  license  holder provide information sufficient to constitute such record
     5  and such license holder shall provide the division  with  such  informa-
     6  tion.  Such  information  shall be limited to the license holder's name,
     7  date of birth, gender, race, residential address, social security number
     8  and firearms possessed by said license holder. Nothing in this  subdivi-
     9  sion  shall  be  construed to change the expiration date or term of such
    10  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    11  collected  for purposes of inclusion in the database established by this
    12  section shall be released pursuant to a court order.  Records  assembled
    13  or  collected for purposes of inclusion in the database created pursuant
    14  to section 400.02 of this [chapter] article  shall  not  be  subject  to
    15  disclosure  pursuant  to  article  six of the public officers law except
    16  that the total number of persons registered in any county of  the  state
    17  may  be  disclosed  without  any  other  identifying information about a
    18  registrant.
    19    [(b) Each application for a license pursuant to paragraph (a) of  this
    20  subdivision  shall  include,  on a separate written form prepared by the
    21  division of state police within thirty days of the effective date of the
    22  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    23  section,  and provided to the applicant at the same time and in the same
    24  manner as the application for a license, an opportunity for  the  appli-
    25  cant  to  request  an  exception from his or her application information
    26  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    27  Such  forms,  which  shall also be made available to individuals who had
    28  applied for or been granted a license prior to the effective date of the
    29  chapter of the laws of two thousand thirteen which amended this section,
    30  shall notify applicants that, upon discovery that an applicant knowingly
    31  provided false information, such applicant may be subject  to  penalties
    32  pursuant to section 175.30 of this chapter, and further, that his or her
    33  request  for  an exception shall be null and void, provided that written
    34  notice containing such  determination  is  provided  to  the  applicant.
    35  Further, such forms shall provide each applicant an opportunity to spec-
    36  ify  the  grounds  on  which  he  or she believes his or her application
    37  information should not be publicly disclosed. These grounds, which shall
    38  be identified on the application with a box beside each for checking, as
    39  applicable, by the applicant, shall be as follows:
    40    (i) the applicant's life or safety may  be  endangered  by  disclosure
    41  because:
    42    (A)  the applicant is an active or retired police officer, peace offi-
    43  cer, probation officer, parole officer, or corrections officer;
    44    (B) the applicant is a protected person under a currently valid  order
    45  of protection;
    46    (C) the applicant is or was a witness in a criminal proceeding involv-
    47  ing a criminal charge;
    48    (D)  the  applicant  is  participating or previously participated as a
    49  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    50  or
    51    (E) the applicant is a spouse, domestic partner or household member of
    52  a  person  identified  in this subparagraph or subparagraph (ii) of this
    53  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    54  apply.
    55    (ii) the applicant has reason to believe his or her life or safety may
    56  be endangered by disclosure due to reasons stated by the applicant.
        S. 3958--A                          4

     1    (iii)  the applicant has reason to believe he or she may be subject to
     2  unwarranted harassment upon disclosure of such information.
     3    (c)  Each  form provided for recertification pursuant to paragraph (b)
     4  of subdivision ten of this section shall include an opportunity for  the
     5  applicant  to request an exception from the information provided on such
     6  form becoming public record pursuant to paragraph (a) of  this  subdivi-
     7  sion.  Such  forms  shall notify applicants that, upon discovery that an
     8  applicant knowingly provided false information, such  applicant  may  be
     9  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    10  further, that his or her request for an  exception  shall  be  null  and
    11  void,  provided  that  written  notice  containing such determination is
    12  provided to the applicant. Further, such forms shall provide each appli-
    13  cant an opportunity to either decline to request the grant or  continua-
    14  tion of an exception, or specify the grounds on which he or she believes
    15  his  or her information should not be publicly disclosed. These grounds,
    16  which shall be identified in the application with a box beside each  for
    17  checking, as applicable, by the applicant, shall be the same as provided
    18  in paragraph (b) of this subdivision.
    19    (d)  Information  submitted on the forms described in paragraph (b) of
    20  this subdivision shall be excepted from disclosure and maintained by the
    21  entity retaining such information separate  and  apart  from  all  other
    22  records.
    23    (e)  (i)  Upon  receiving a request for exception from disclosure, the
    24  licensing officer shall grant such  exception,  unless  the  request  is
    25  determined to be null and void, pursuant to paragraph (b) or (c) of this
    26  subdivision.
    27    (ii)  A  request  for an exception from disclosure may be submitted at
    28  any time, including after a license or recertification has been granted.
    29    (iii) If an exception is sought and granted pursuant to paragraph  (b)
    30  of  this  subdivision,  the  application information shall not be public
    31  record, unless the request is determined to be  null  and  void.  If  an
    32  exception is sought and granted pursuant to paragraph (c) of this subdi-
    33  vision,  the  information  concerning  such  recertification application
    34  shall not be public record, unless the request is determined to be  null
    35  and void.
    36    (f) The information of licensees or applicants for a license shall not
    37  be  disclosed  to  the  public  during the first one hundred twenty days
    38  following the effective date of the chapter of the laws of two  thousand
    39  thirteen, which amended this section. After such period, the information
    40  of  those  who  had  applied  for or been granted a license prior to the
    41  preparation of the form for requesting an exception, pursuant  to  para-
    42  graph  (b) of this subdivision, may be released only if such individuals
    43  did not file a request for such an exception during the first sixty days
    44  following such  preparation;  provided,  however,  that  no  information
    45  contained  in  an  application for licensure or recertification shall be
    46  disclosed by an entity  that  has  not  completed  processing  any  such
    47  requests received during such sixty days.
    48    (g)  If  a  request for an exception is determined to be null and void
    49  pursuant to paragraph (b) or (c) of this subdivision, an  applicant  may
    50  request  review  of such determination pursuant to article seventy-eight
    51  of the civil practice laws and  rules.  Such  proceeding  must  commence
    52  within  thirty  days  after service of the written notice containing the
    53  adverse determination. Notice of the right to commence such a  petition,
    54  and  the  time  period  therefor, shall be included in the notice of the
    55  determination. Disclosure following such a petition shall  not  be  made
    56  prior to the disposition of such review.]
        S. 3958--A                          5
     1    §  5. Section 9.46 of the mental hygiene law, as added by chapter 1 of
     2  the laws of 2013, is amended to read as follows:
     3  § 9.46 Reports  of  substantial  risk or threat of harm by mental health
     4           professionals.
     5    (a) For purposes of this section,  the  term  "mental  health  profes-
     6  sional"  shall  include  a  physician, psychologist, registered nurse or
     7  licensed clinical social worker.
     8    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
     9  health  professional  currently providing treatment services to a person
    10  determines, in the exercise of reasonable  professional  judgment,  that
    11  such  person is likely to engage in conduct that would result in serious
    12  harm to self or others, he or she shall be required to report,  as  soon
    13  as practicable, to the director of community services, or the director's
    14  designee[, who shall report to the division of criminal justice services
    15  whenever  he  or  she agrees that the person is likely to engage in such
    16  conduct]. Any report made by a mental health professional to the  direc-
    17  tor  of  community  services,  or  the director's designee shall include
    18  current contact information for such person including, but  not  limited
    19  to,  the  person's:  (1) name, (2) mailing address, (3) phone number and
    20  (4) email address. The director of community services or the  director's
    21  designee  shall report to the division of criminal justice services upon
    22  a finding that the person is likely to  engage  in  conduct  that  would
    23  result in serious harm to self or others. Information transmitted to the
    24  division  of  criminal  justice  services  shall be limited to names and
    25  other non-clinical identifying information, which may only be  used  for
    26  determining  whether  a license issued pursuant to section 400.00 of the
    27  penal law should be suspended or revoked, or for determining  whether  a
    28  person  is ineligible for a license issued pursuant to section 400.00 of
    29  the penal law, or is no longer permitted under state or federal  law  to
    30  possess a firearm.
    31    (c)  The  director  of  community  services or the director's designee
    32  shall inform such person via written notice when a report regarding  the
    33  substantial  risk  or  threat of harm posed by the person is sent to the
    34  division of criminal justice services. Such notice  shall  include,  but
    35  not be limited to:
    36    (1) the person's name;
    37    (2)  notice  that  a  report has been sent to the division of criminal
    38  justice services stating that the named person has been deemed likely to
    39  engage in conduct that would result in serious harm to self or others;
    40    (3) the date the report was sent to the division of  criminal  justice
    41  services;
    42    (4) the person's right to submit a petition for relief from disability
    43  to  the national instant criminal background check system (NICS) appeals
    44  office of the office of mental health or  NICS  appeals  office  of  the
    45  office  for  people  with  developmental  disabilities,  as set forth in
    46  subdivision (j) of section 7.09 of this title  and  subdivision  (g)  of
    47  section  13.09 of this chapter and sections five hundred forty-three and
    48  six hundred forty-three of article fourteen of  the  New  York  code  of
    49  rules and regulations;
    50    (5)  contact  information for the NICS appeals office of the office of
    51  mental hygiene or the NICS appeals office of the office for people  with
    52  developmental disabilities; and
    53    (6)  any  applicable  deadline for submission of a petition for relief
    54  from disability.
    55    (d) Nothing in this section shall be construed  to  require  a  mental
    56  health professional to take any action which, in the exercise of reason-
        S. 3958--A                          6
     1  able  professional  judgment,  would endanger such mental health profes-
     2  sional or increase the danger to a potential victim or victims.
     3    [(d)]  (e) The decision of a mental health professional to disclose or
     4  not to disclose in accordance with this section,  when  made  reasonably
     5  and  in  good  faith,  shall  not be the basis for any civil or criminal
     6  liability of such mental health professional.
     7    § 6. Paragraph 2 of subdivision (j) of  section  7.09  of  the  mental
     8  hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
     9  read as follows:
    10    (2) The commissioner shall  establish  within  the  office  of  mental
    11  health  an administrative process to permit a person who has been or may
    12  be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
    13  922(4)(d) or who has been or may be disqualified from continuing to have
    14  a  license  to  carry,  possess,  repair,  or dispose of a firearm under
    15  section 400.00 of the penal law because such  person  was  involuntarily
    16  committed  or  civilly  confined to a facility under the jurisdiction of
    17  the commissioner, or who has been the subject of a report  submitted  by
    18  the  director  of  community  services or the director's designee to the
    19  division of criminal justice services stating that the named person  has
    20  been  deemed  likely  to  engage in conduct that would result in serious
    21  harm to self or others pursuant to section 9.46 of this title, to  peti-
    22  tion  for  relief  from  that  disability where such person's record and
    23  reputation are such that such person will not be  likely  to  act  in  a
    24  manner  dangerous  to public safety and where the granting of the relief
    25  would not be contrary to public safety. The commissioner  shall  promul-
    26  gate  regulations  to  establish  the  relief from disabilities program,
    27  which shall include, but not be limited to,  provisions  providing  for:
    28  (i)  an  opportunity for a disqualified person to petition for relief in
    29  writing; (ii) the authority for the agency to require that the petition-
    30  er undergo a clinical  evaluation  and  risk  assessment;  and  (iii)  a
    31  requirement  that  the agency issue a decision in writing explaining the
    32  reasons for a denial or grant of relief. The denial of  a  petition  for
    33  relief  from  disabilities  may  be  reviewed  de  novo  pursuant to the
    34  proceedings under article seventy-eight of the civil  practice  law  and
    35  rules.
    36    §  7.  Paragraph  2  of subdivision (g) of section 13.09 of the mental
    37  hygiene law, as amended by chapter 1 of the laws of 2013, is amended  to
    38  read as follows:
    39    (2) The commissioner shall establish within the office for people with
    40  developmental  disabilities an administrative process to permit a person
    41  who has been or may be  disqualified  from  possessing  such  a  firearm
    42  pursuant  to  18  USC  922(4)(d), or who has been or may be disqualified
    43  from continuing to have a license to carry, possess, repair, or  dispose
    44  of  a  firearm under section 400.00 of the penal law because such person
    45  was involuntarily committed or civilly confined to a facility under  the
    46  jurisdiction  of  the  commissioner,  or  who  has been the subject of a
    47  report submitted by the director of community services or the director's
    48  designee to the division of criminal justice services stating  that  the
    49  named  person  has  been  deemed  likely to engage in conduct that would
    50  result in serious harm to self or others pursuant  to  section  9.46  of
    51  this  chapter,  to  petition  for relief from that disability where such
    52  person's record and reputation are such that such  person  will  not  be
    53  likely  to  act  in  a  manner  dangerous to public safety and where the
    54  granting of the relief would not  be  contrary  to  public  safety.  The
    55  commissioner  shall  promulgate regulations to establish the relief from
    56  disabilities program, which  shall  include,  but  not  be  limited  to,
        S. 3958--A                          7
     1  provisions  providing  for: (i) an opportunity for a disqualified person
     2  to petition for relief in writing; (ii) the authority for the agency  to
     3  require  that  the  petitioner  undergo  a  clinical evaluation and risk
     4  assessment;  and (iii) a requirement that the agency issue a decision in
     5  writing explaining the reasons for a denial  or  grant  of  relief.  The
     6  denial  of  a  petition  for relief from disabilities may be reviewed de
     7  novo pursuant to the proceedings  under  article  seventy-eight  of  the
     8  civil practice law and rules.
     9    § 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
    10  and  16-b  of section 400.00 of the penal law, paragraph (a) of subdivi-
    11  sion 3 and subdivisions 4, 9 and 10 as amended and subdivisions 16-a and
    12  16-b as added by chapter 1 of the  laws  of  2013,  paragraph  (a-1)  of
    13  subdivision 16-a as added by chapter 98 of the laws of 2013, are amended
    14  to read as follows:
    15    (a)  Applications  shall be made and renewed, in the case of a license
    16  to carry or possess a pistol or revolver, to the  licensing  officer  in
    17  the  city or county, as the case may be, where the applicant resides, is
    18  principally employed or has his or her principal place  of  business  as
    19  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
    20  dealer in firearms, to the licensing officer where such place  of  busi-
    21  ness  is  located.  Blank  applications shall, except in the city of New
    22  York, be approved as to form by the  [superintendent  of  state  police]
    23  division  of  criminal  justice services. An application shall state the
    24  full name, date of birth, residence, present occupation of  each  person
    25  or individual signing the same, whether or not he or she is a citizen of
    26  the  United States, whether or not he or she complies with each require-
    27  ment for eligibility specified in subdivision one of  this  section  and
    28  such  other  facts as may be required to show the good character, compe-
    29  tency and integrity of each person or individual  signing  the  applica-
    30  tion. An application shall be signed and verified by the applicant. Each
    31  individual signing an application shall submit one photograph of himself
    32  or  herself  and  a duplicate for each required copy of the application.
    33  Such photographs shall have been  taken  within  thirty  days  prior  to
    34  filing  the  application.  In case of a license as gunsmith or dealer in
    35  firearms, the photographs submitted shall be two inches square, and  the
    36  application  shall also state the previous occupation of each individual
    37  signing the same and the location of the place of such business,  or  of
    38  the  bureau,  agency,  subagency,  office or branch office for which the
    39  license is sought, specifying the name of the  city,  town  or  village,
    40  indicating   the  street  and  number  and  otherwise  giving  such  apt
    41  description as to point out reasonably the  location  thereof.  In  such
    42  case,  if the applicant is a firm, partnership or corporation, its name,
    43  date and place of formation, and principal place of  business  shall  be
    44  stated.  For  such  firm or partnership, the application shall be signed
    45  and verified by each individual composing or intending  to  compose  the
    46  same, and for such corporation, by each officer thereof.
    47    4.  Investigation.  Before a license is issued or renewed, there shall
    48  be an investigation of all statements required in the application by the
    49  duly constituted police authorities of the locality where such  applica-
    50  tion is made, including but not limited to such records as may be acces-
    51  sible  to the [division of state police or] division of criminal justice
    52  services pursuant to section 400.02 of this article. For  that  purpose,
    53  the  records  of  the  appropriate  office  of  the department of mental
    54  hygiene concerning previous or present mental illness of  the  applicant
    55  shall  be  available  for inspection by the investigating officer of the
    56  police authority. In order to ascertain any  previous  criminal  record,
        S. 3958--A                          8
     1  the  investigating  officer  shall  take  the  fingerprints and physical
     2  descriptive data in quadruplicate of each individual by whom the  appli-
     3  cation  is signed and verified. Two copies of such fingerprints shall be
     4  taken  on  standard  fingerprint cards eight inches square, and one copy
     5  may be taken on a card supplied for that purpose by the  federal  bureau
     6  of  investigation;  provided,  however,  that in the case of a corporate
     7  applicant that has already been issued a dealer in firearms license  and
     8  seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
     9  location, the original fingerprints on file may be used to ascertain any
    10  criminal record in the second or subsequent application  unless  any  of
    11  the  corporate  officers  have  changed  since the prior application, in
    12  which case the  new  corporate  officer  shall  comply  with  procedures
    13  governing  an  initial application for such license. When completed, one
    14  standard card shall be forwarded to and  retained  by  the  division  of
    15  criminal  justice  services  in  the  executive department, at Albany. A
    16  search of the files of such division and  written  notification  of  the
    17  results of the search to the investigating officer shall be made without
    18  unnecessary  delay. Thereafter, such division shall notify the licensing
    19  officer and the executive department, division of state police,  Albany,
    20  of  any criminal record of the applicant filed therein subsequent to the
    21  search of its files. A second standard card, or the one supplied by  the
    22  federal  bureau of investigation, as the case may be, shall be forwarded
    23  to that bureau at Washington with a request that the files of the bureau
    24  be searched and notification of the results of the search be made to the
    25  investigating police authority. Of the remaining two fingerprint  cards,
    26  one  shall  be  filed  with the executive department, division of [state
    27  police] criminal justice services, Albany, within ten days  after  issu-
    28  ance of the license, and the other remain on file with the investigating
    29  police  authority.  No  such fingerprints may be inspected by any person
    30  other than a peace officer,  who  is  acting  pursuant  to  his  special
    31  duties,  or a police officer, except on order of a judge or justice of a
    32  court of record either upon notice to the licensee or without notice, as
    33  the judge or justice may deem appropriate. Upon completion of the inves-
    34  tigation, the police authority shall report the results to the licensing
    35  officer without unnecessary delay.
    36    7. License: form. Any license issued pursuant to this  section  shall,
    37  except  in  the  city of New York, be approved as to form by the [super-
    38  intendent of state police] division  of  criminal  justice  services.  A
    39  license to carry or possess a pistol or revolver shall have attached the
    40  licensee's  photograph, and a coupon which shall be removed and retained
    41  by any person disposing of a firearm to the licensee. Such license shall
    42  specify the weapon covered by calibre, make, model, manufacturer's  name
    43  and  serial  number,  or  if none, by any other distinguishing number or
    44  identification mark, and shall indicate whether issued to carry  on  the
    45  person  or  possess  on  the premises, and if on the premises shall also
    46  specify the place where the licensee shall possess  the  same.  If  such
    47  license  is  issued  to  an  alien,  or to a person not a citizen of and
    48  usually a resident in the state, the licensing officer  shall  state  in
    49  the  license the particular reason for the issuance and the names of the
    50  persons certifying to the good character of the applicant.  Any  license
    51  as  gunsmith  or dealer in firearms shall mention and describe the prem-
    52  ises for which it is issued and shall be valid only for such premises.
    53    9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
    54  person  licensed  to  carry or possess a pistol or revolver may apply at
    55  any time to his or her licensing officer for amendment  of  his  or  her
    56  license  to  include  one or more such weapons or to cancel weapons held
        S. 3958--A                          9
     1  under license. If granted, a record  of  the  amendment  describing  the
     2  weapons  involved  shall be filed by the licensing officer in the execu-
     3  tive department, division of [state police] criminal  justice  services,
     4  Albany.  The  [superintendent  of  state  police]  division  of criminal
     5  justice services may authorize that  such  amendment  be  completed  and
     6  transmitted  to the [state police] division in electronic form.  Notifi-
     7  cation of any change of residence shall be made in writing by any licen-
     8  see within ten days after such change  occurs,  and  a  record  of  such
     9  change shall be inscribed by such licensee on the reverse side of his or
    10  her license. Elsewhere than in the city of New York, and in the counties
    11  of  Nassau and Suffolk, such notification shall be made to the executive
    12  department, division of [state police] criminal justice services,  Alba-
    13  ny, and in the city of New York to the police commissioner of that city,
    14  and  in  the county of Nassau to the police commissioner of that county,
    15  and in the county of Suffolk to the licensing officer  of  that  county,
    16  who  shall, within ten days after such notification shall be received by
    17  him or her, give notice in writing  of  such  change  to  the  executive
    18  department,  division  of  [state  police] criminal justice services, at
    19  Albany.
    20    10. License: expiration, certification and renewal.  (a)  Any  license
    21  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
    22  license to carry or possess a pistol or revolver,  issued  at  any  time
    23  pursuant  to  this  section  or prior to the first day of July, nineteen
    24  hundred sixty-three and not limited to expire on an earlier  date  fixed
    25  in the license, shall expire not more than three years after the date of
    26  issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, any
    27  license to carry or possess a pistol or revolver,  issued  at  any  time
    28  pursuant  to  this  section  or prior to the first day of July, nineteen
    29  hundred sixty-three and not limited to expire on an earlier  date  fixed
    30  in  the license, shall expire not more than five years after the date of
    31  issuance; however, in the county of Westchester, any such license  shall
    32  be  certified  prior to the first day of April, two thousand, in accord-
    33  ance with a schedule to be contained in regulations promulgated  by  the
    34  commissioner  of  the  division  of criminal justice services, and every
    35  such license shall be  recertified  every  five  years  thereafter.  For
    36  purposes  of  this  section  certification  shall mean that the licensee
    37  shall provide to the licensing officer the following  information  only:
    38  current name, date of birth, current address, and the make, model, cali-
    39  ber  and serial number of all firearms currently possessed. Such certif-
    40  ication information shall be filed by the licensing officer in the  same
    41  manner  as  an amendment. Elsewhere than in the city of New York and the
    42  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
    43  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
    44  section or prior to the first day of July, nineteen hundred  sixty-three
    45  and  not  previously  revoked or cancelled, shall be in force and effect
    46  until revoked as herein provided. Any license not  previously  cancelled
    47  or  revoked shall remain in full force and effect for thirty days beyond
    48  the stated expiration date on such license. Any application to  renew  a
    49  license that has not previously expired, been revoked or cancelled shall
    50  thereby extend the term of the license until disposition of the applica-
    51  tion  by the licensing officer. In the case of a license for gunsmith or
    52  dealer in firearms, in counties having a population  of  less  than  two
    53  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
    54  submitted on original applications and upon renewal thereafter  only  at
    55  six  year  intervals.  Upon  satisfactory  proof  that a currently valid
    56  original license has been despoiled, lost or otherwise removed from  the
        S. 3958--A                         10
     1  possession of the licensee and upon application containing an additional
     2  photograph  of  the licensee, the licensing officer shall issue a dupli-
     3  cate license.
     4    (b)  All  licensees  shall  be  recertified  to the [division of state
     5  police] licensing officer  every  five  years  thereafter.  Any  license
     6  issued before the effective date of [the] chapter one of the laws of two
     7  thousand  thirteen  [which added this paragraph] shall be recertified by
     8  the licensee on or before [January]  March  thirty-first,  two  thousand
     9  eighteen,  and  not  less  than  one year prior to such date, the [state
    10  police] division of criminal justice services shall send a notice to all
    11  license holders who have not recertified by such time.  [Such  recertif-
    12  ication  shall  be  in a form as approved by the superintendent of state
    13  police, which shall request the license holder's name,  date  of  birth,
    14  gender,  race,  residential  address,  social  security number, firearms
    15  possessed by such license holder, email address at  the  option  of  the
    16  license  holder  and  an  affirmation  that  such  license holder is not
    17  prohibited from possessing firearms.] Recertification shall contain  the
    18  information and shall be in the form set forth hereinbelow:
    19                               RECERTIFICATION
    20  1. Name ________________________________________________________________
    21  2. Date of Birth _______________________________________________________
    22  3. Gender ______________________________________________________________
    23  4. Race ________________________________________________________________
    24  5. Residential Address _________________________________________________
    25  ________________________________________________________________________
    26  ________________________________________________________________________
    27  6. Social Security Number ______________________________________________
    28  7. Email Address (optional) ____________________________________________
    29  8. List all firearms possessed on license: _____________________________
    30  ________________________________________________________________________
    31  ________________________________________________________________________
    32  ________________________________________________________________________
    33  ________________________________________________________________________
    34  Upon  receipt of the completed recertification form, the licensing offi-
    35  cer will compare the information provided  with  the  information  main-
    36  tained  by  the  licensing officer for such license holder, and promptly
    37  notify the license holder of  any  discrepancies  that  may  exist,  and
    38  provide instruction as to applying for an amendment pursuant to subdivi-
    39  sion nine this section. After the resolution of any pending applications
    40  for  amendments, the licensing officer shall retain a copy of the recer-
    41  tification and a copy shall be filed by the  licensing  officer  in  the
    42  executive  department,  division  of  criminal justice services, Albany,
    43  within ten days. The form may be in an electronic form if so  designated
    44  by  the  [superintendent  of  state police] division of criminal justice
    45  services. Failure to  recertify  shall  act  as  a  revocation  of  such
    46  license.  If  the  [New  York state police] division shall discover as a
        S. 3958--A                         11
     1  result of the recertification process that a licensee failed to  provide
     2  a  change  of  address, the [New York state police] division of criminal
     3  justice services shall not require the licensing officer to revoke  such
     4  license.
     5    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
     6  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
     7  possessed  before the date of the effective date of [the] chapter one of
     8  the laws of two thousand thirteen [which  added  this  paragraph],  must
     9  make  an application to register such weapon with the [superintendent of
    10  state police] division of  criminal  justice  services,  in  the  manner
    11  provided  by the [superintendent] division of criminal justice services,
    12  or by amending a license issued pursuant to this section within one year
    13  of the effective date of this  subdivision  except  any  weapon  defined
    14  under  subparagraph  (vi)  of paragraph (g) of subdivision twenty-two of
    15  section 265.00 of this chapter transferred into the state may be  regis-
    16  tered  at  any  time, provided such weapons are registered within thirty
    17  days of their transfer into the state.  Registration  information  shall
    18  include  the registrant's name, date of birth, gender, race, residential
    19  address, social security number and a description of each  weapon  being
    20  registered. A registration of any weapon defined under subparagraph (vi)
    21  of  paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
    22  ing device as defined under subdivision twenty-three of  section  265.00
    23  of this chapter shall be transferable, provided that the seller notifies
    24  the  [state  police] division of criminal justice services within seven-
    25  ty-two hours of the transfer and the buyer provides the  [state  police]
    26  division  of  criminal  justice  services with information sufficient to
    27  constitute a registration under this section.  Such  registration  shall
    28  not be valid if such registrant is prohibited or becomes prohibited from
    29  possessing  a firearm pursuant to state or federal law. The [superinten-
    30  dent] division of criminal justice services shall determine whether such
    31  registrant is prohibited from possessing a firearm under state or feder-
    32  al law. Such check shall be limited to determining whether  the  factors
    33  in  18 USC 922 (g) apply or whether a registrant has been convicted of a
    34  serious offense as  defined  in  subdivision  [sixteen-b]  seventeen  of
    35  section  265.00  of this chapter, so as to prohibit such registrant from
    36  possessing a firearm, and whether a report has been issued  pursuant  to
    37  section  9.46 of the mental hygiene law. All registrants shall recertify
    38  to the division of [state police] criminal justice services  every  five
    39  years  thereafter.  Failure to recertify shall result in a revocation of
    40  such registration.
    41    (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
    42  this  subdivision,  an owner of an assault weapon as defined in subdivi-
    43  sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
    44  retired New York or federal law enforcement officer as defined in subdi-
    45  vision  twenty-five of section 265.00 of this chapter, where such weapon
    46  was issued to or purchased by such officer prior to  retirement  and  in
    47  the course of his or her official duties, and for which such officer was
    48  qualified  by the agency that employed such officer within twelve months
    49  prior to his or her retirement, must register such weapon  within  sixty
    50  days of retirement.
    51    (b)  The [superintendent of state police] division of criminal justice
    52  services shall create and maintain an internet website  to  educate  the
    53  public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
    54  tomatic  pistol  or weapon that are illegal as a result of the enactment
    55  of [the] chapter one of the laws of two thousand thirteen  [which  added
    56  this  paragraph],  as  well  as  such  assault weapons which are illegal
        S. 3958--A                         12
     1  pursuant to article two hundred sixty-five of this chapter. Such website
     2  shall contain information to assist the public in recognizing the  rele-
     3  vant features proscribed by such article two hundred sixty-five, as well
     4  as which make and model of weapons that require registration.
     5    (c)  A person who knowingly fails to apply to register such weapon, as
     6  required by this section, within one year of the effective date of [the]
     7  chapter one of the laws of two thousand thirteen [which added this para-
     8  graph] shall be guilty of a class A  misdemeanor  and  such  person  who
     9  unknowingly  fails  to validly register such weapon within such one year
    10  period shall be given  a  warning  by  an  appropriate  law  enforcement
    11  authority  about such failure and given thirty days in which to apply to
    12  register such weapon or to surrender it. A failure to apply or surrender
    13  such weapon within such thirty-day period shall result  in  such  weapon
    14  being removed by an appropriate law enforcement authority and declared a
    15  nuisance.
    16    16-b.  The cost of the software, programming and interface required to
    17  transmit any record that must be electronically transmitted by the deal-
    18  er or licensing officer to  the  division  of  [state  police]  criminal
    19  justice  services, and any cost borne by the licensing officer to admin-
    20  ister or maintain records related to the recertification process by  the
    21  licensing  officer,  both pursuant to this chapter shall be borne by the
    22  state.
    23    § 9. Section 400.02 of the penal law, as added by  chapter  1  of  the
    24  laws of 2013, is amended to read as follows:
    25  § 400.02 Statewide license and record database.
    26    There  shall be a statewide license and record database which shall be
    27  created and maintained  by  the  division  of  [state  police]  criminal
    28  justice  services  the  cost  of which shall not be borne by any munici-
    29  pality. Records assembled or collected for purposes of inclusion in such
    30  database shall not be subject to disclosure pursuant to article  six  of
    31  the public officers law. Records containing granted license applications
    32  shall  be  periodically  checked  by  the  division  of criminal justice
    33  services against criminal  conviction,  mental  health,  and  all  other
    34  records  as  are necessary to determine their continued accuracy as well
    35  as whether an individual is no longer a valid license holder. The  divi-
    36  sion  of criminal justice services shall also check pending applications
    37  made pursuant to this article against such records to determine  whether
    38  a  license  may  be granted. All state agencies shall cooperate with the
    39  division of criminal justice services, as otherwise authorized  by  law,
    40  in making their records available for such checks. The division of crim-
    41  inal justice services, upon determining that an individual is ineligible
    42  to  possess  a  license,  or  is no longer a valid license holder, shall
    43  notify the applicable licensing official of such determination and  such
    44  licensing  official shall not issue a license or revoke such license and
    45  any weapons owned or possessed  by  such  individual  shall  be  removed
    46  consistent  with  the provisions of subdivision eleven of section 400.00
    47  of this article. Local and state law enforcement shall  have  access  to
    48  such  database,  as  otherwise  authorized by law, in the performance of
    49  their duties. Records assembled or collected for purposes  of  inclusion
    50  in  the  database established by this section shall be released pursuant
    51  to a court order.
    52    § 10. This act shall take effect immediately; provided that:
    53    1. section four of this act shall take effect on the first of November
    54  next succeeding the date on which it shall have become a law; and
    55    2. sections five, six and seven of this act shall take effect  on  the
    56  ninetieth day after it shall have become a law.