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Section 1. Section 446-a of the family court act, as added by chapter
1 of the laws of 2013, is amended to read as follows:
S 446-a. Firearms; surrender and license suspension, revocation and
ineligibility. Upon the issuance of an order of protection or temporary
order of protection, or upon a violation of such order, the court shall
make a determination regarding the suspension [and] AND/OR revocation of
a license to carry, possess, repair or dispose of a firearm or firearms,
ineligibility for such a license and the surrender of firearms in
accordance with section eight hundred forty-two-a of this act.
S 2. Section 552 of the family court act, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
S 552. Firearms; surrender and license suspension, revocation and
ineligibility. Upon the issuance of an order of protection or temporary
order of protection, or upon a violation of such order, the court shall
make a determination regarding the suspension [and] AND/OR revocation of
a license to carry, possess, repair or dispose of a firearm or firearms,
ineligibility for such a license and the surrender of firearms in
accordance with section eight hundred forty-two-a of this act.
S 3. Section 656-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
S 656-a. Firearms; surrender and license suspension, revocation and
ineligibility. Upon the issuance of an order of protection or temporary
order of protection, or upon a violation of such order, the court shall
make a determination regarding the suspension [and] AND/OR revocation of
a license to carry, possess, repair or dispose of a firearm or firearms,
ineligibility for such a license and the surrender of firearms in
accordance with section eight hundred forty-two-a of this act.
S 4. Section 780-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
S 780-a. Firearms; surrender and license suspension, revocation and
ineligibility. Upon the issuance of an order of protection or temporary
order of protection, or upon a violation of such order, the court shall
make a determination regarding the suspension [and] AND/OR revocation of
a license to carry, possess, repair or dispose of a firearm or firearms,
ineligibility for such a license and the surrender of firearms in
accordance with section eight hundred forty-two-a of this act.
S 5. Paragraph h of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 1 of the laws of 2013, is amended
to read as follows:
h. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court shall make a
determination regarding the suspension [and] AND/OR revocation of a
license to carry, possess, repair or dispose of a firearm or firearms,
ineligibility for such a license and the surrender of firearms in
accordance with sections eight hundred forty-two-a and eight hundred
forty-six-a of the family court act, as applicable. Upon issuance of an
order of protection pursuant to this section or upon a finding of a
violation thereof, the court also may direct payment of restitution in
an amount not to exceed ten thousand dollars in accordance with subdivi-
sion (e) of section eight hundred forty-one of such act; provided,
however, that in no case shall an order of restitution be issued where
the court determines that the party against whom the order would be
issued has already compensated the injured party or where such compen-
sation is incorporated in a final judgment or settlement of the action.
S 6. Subdivision 9 of section 252 of the domestic relations law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
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9. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court shall make a
determination regarding the suspension [and] AND/OR revocation of a
license to carry, possess, repair or dispose of a firearm or firearms,
ineligibility for such a license and the surrender of firearms in
accordance with sections eight hundred forty-two-a and eight hundred
forty-six-a of the family court act, as applicable. Upon issuance of an
order of protection pursuant to this section or upon a finding of a
violation thereof, the court also may direct payment of restitution in
an amount not to exceed ten thousand dollars in accordance with subdivi-
sion (e) of section eight hundred forty-one of such act; provided,
however, that in no case shall an order of restitution be issued where
the court determines that the party against whom the order would be
issued has already compensated the injured party or where such compen-
sation is incorporated in a final judgment or settlement of the action.
S 7. Article 39-DDD of the general business law is REPEALED.
S 8. Section 9.46 of the mental hygiene law is REPEALED.
S 9. Sections 37, 38, 46 and 51 of chapter 1 of the laws of 2013,
amending the criminal procedure law and other laws relating to suspen-
sion and revocation of firearms licenses; private sale or disposal of
firearms, rifles or shotguns and establishing a minimum age to possess a
firearm are REPEALED.
S 10. The opening paragraph of subdivision a of section 265.20 of the
penal law, as amended by chapter 496 of the laws of 1991, is amended to
read as follows:
Sections 265.01, 265.01-A, 265.02, 265.03, 265.04, 265.05, 265.10,
265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to:
S 11. Sections 265.01-b, 265.36, 265.37, 265.45, 400.02 and 400.03 of
the penal law are REPEALED.
S 12. Subdivision 8 of section 265.02 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
(8) Such person possesses a large capacity ammunition feeding device[.
For purposes of this subdivision, a large capacity ammunition feeding
device shall not include an ammunition feeding device lawfully possessed
by such person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision, that has a capaci-
ty of, or that can be readily restored or converted to accept more than
seven but less than eleven rounds of ammunition, or that was manufac-
tured before September thirteenth, nineteen hundred ninety-four, that
has a capacity of, or that can be readily restored or converted to
accept, more than ten rounds of ammunition]; or
S 13. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00 of the
penal law, subdivisions 5, 10 and 12 as amended and subdivisions 16-a
and 16-b as added by chapter 1 of the laws of 2013, are amended to read
as follows:
5. Filing of approved applications. [(a)] The application for any
license, if granted, shall be filed by the licensing officer with the
clerk of the county of issuance, except that in the city of New York
and, in the counties of Nassau and Suffolk, the licensing officer shall
designate the place of filing in the appropriate division, bureau or
unit of the police department thereof, and in the county of Suffolk the
county clerk is hereby authorized to transfer all records or applica-
tions relating to firearms to the licensing authority of that county.
[Except as provided in paragraphs (b) through (f) of this subdivision,
the] THE name and address of any person to whom an application for any
license has been granted shall NOT be a public record. Upon application
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by a licensee who has changed his place of residence such records or
applications shall be transferred to the appropriate officer at the
licensee's new place of residence. A duplicate copy of such application
shall be filed by the licensing officer in the executive department,
division of state police, Albany, within ten days after issuance of the
license. The superintendent of state police may designate that such
application shall be transmitted to the division of state police elec-
tronically. In the event the superintendent of the division of state
police determines that it lacks any of the records required to be filed
with the division, it may request that such records be provided to it by
the appropriate clerk, department or authority and such clerk, depart-
ment or authority shall provide the division with such records. In the
event such clerk, department or authority lacks such records, the divi-
sion may request the license holder provide information sufficient to
constitute such record and such license holder shall provide the divi-
sion with such information. Such information shall be limited to the
license holder's name, date of birth, gender,race, residential address,
social security number and firearms possessed by said license holder.
Nothing in this subdivision shall be construed to change the expiration
date or term of such licenses if otherwise provided for in law. [Records
assembled or collected for purposes of inclusion in the database estab-
lished by this section shall be released pursuant to a court order.
Records assembled or collected for purposes of inclusion in the database
created pursuant to section 400.02 of this chapter shall not be subject
to disclosure pursuant to article six of the public officers law.
(b) Each application for a license pursuant to paragraph (a) of this
subdivision shall include, on a separate written form prepared by the
division of state police within thirty days of the effective date of the
chapter of the laws of two thousand thirteen, which amended this
section, and provided to the applicant at the same time and in the same
manner as the application for a license, an opportunity for the appli-
cant to request an exception from his or her application information
becoming public record pursuant to paragraph (a) of this subdivision.
Such forms, which shall also be made available to individuals who had
applied for or been granted a license prior to the effective date of the
chapter of the laws of two thousand thirteen which amended this section,
shall notify applicants that, upon discovery that an applicant knowingly
provided false information, such applicant may be subject to penalties
pursuant to section 175.30 of this chapter, and further, that his or her
request for an exception shall be null and void, provided that written
notice containing such determination is provided to the applicant.
Further, such forms shall provide each applicant an opportunity to spec-
ify the grounds on which he or she believes his or her application
information should not be publicly disclosed. These grounds, which shall
be identified on the application with a box beside each for checking, as
applicable, by the applicant, shall be as follows:
(i) the applicant's life or safety may be endangered by disclosure
because:
(A) the applicant is an active or retired police officer, peace offi-
cer, probation officer, parole officer, or corrections officer;
(B) the applicant is a protected person under a currently valid order
of protection;
(C) the applicant is or was a witness in a criminal proceeding involv-
ing a criminal charge;
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(D) the applicant is participating or previously participated as a
juror in a criminal proceeding, or is or was a member of a grand jury;
or
(E) the applicant is a spouse, domestic partner or household member of
a person identified in this subparagraph or subparagraph (ii) of this
paragraph, specifying which subparagraph or subparagraphs and clauses
apply.
(ii) the applicant has reason to believe his or her life or safety may
be endangered by disclosure due to reasons stated by the applicant.
(iii) the applicant has reason to believe he or she may be subject to
unwarranted harassment upon disclosure of such information.
(c) Each form provided for recertification pursuant to paragraph (b)
of subdivision ten of this section shall include an opportunity for the
applicant to request an exception from the information provided on such
form becoming public record pursuant to paragraph (a) of this subdivi-
sion. Such forms shall notify applicants that, upon discovery that an
applicant knowingly provided false information, such applicant may be
subject to penalties pursuant to section 175.30 of this chapter, and
further, that his or her request for an exception shall be null and
void, provided that written notice containing such determination is
provided to the applicant. Further, such forms shall provide each appli-
cant an opportunity to either decline to request the grant or continua-
tion of an exception, or specify the grounds on which he or she believes
his or her information should not be publicly disclosed. These grounds,
which shall be identified in the application with a box beside each for
checking, as applicable, by the applicant, shall be the same as provided
in paragraph (b) of this subdivision.
(d) Information submitted on the forms described in paragraph (b) of
this subdivision shall be excepted from disclosure and maintained by the
entity retaining such information separate and apart from all other
records.
(e) (i) Upon receiving a request for exception from disclosure, the
licensing officer shall grant such exception, unless the request is
determined to be null and void, pursuant to paragraph (b) or (c) of this
subdivision.
(ii) A request for an exception from disclosure may be submitted at
any time, including after a license or recertification has been granted.
(iii) If an exception is sought and granted pursuant to paragraph (b)
of this subdivision, the application information shall not be public
record, unless the request is determined to be null and void. If an
exception is sought and granted pursuant to paragraph (c) of this subdi-
vision, the information concerning such recertification application
shall not be public record, unless the request is determined to be null
and void.
(f) The information of licensees or applicants for a license shall not
be disclosed to the public during the first one hundred twenty days
following the effective date of the chapter of the laws of two thousand
thirteen, which amended this section. After such period, the information
of those who had applied for or been granted a license prior to the
preparation of the form for requesting an exception, pursuant to para-
graph (b) of this subdivision, may be released only if such individuals
did not file a request for such an exception during the first sixty days
following such preparation; provided, however, that no information
contained in an application for licensure or recertification shall be
disclosed by an entity that has not completed processing any such
requests received during such sixty days.
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(g) If a request for an exception is determined to be null and void
pursuant to paragraph (b) or (c) of this subdivision, an applicant may
request review of such determination pursuant to article seventy-eight
of the civil practice laws and rules. Such proceeding must commence
within thirty days after service of the written notice containing the
adverse determination. Notice of the right to commence such a petition,
and the time period therefor, shall be included in the notice of the
determination. Disclosure following such a petition shall not be made
prior to the disposition of such review.]
10. License: expiration, certification and renewal. [(a)] Any license
for gunsmith or dealer in firearms and, in the city of New York, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than three years after the date of
issuance. In the counties of Nassau, Suffolk and Westchester, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than five years after the date of
issuance; however, in the county of Westchester, any such license shall
be certified prior to the first day of April, two thousand, in accord-
ance with a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal justice services, and every
such license shall be recertified every five years thereafter. For
purposes of this section certification shall mean that the licensee
shall provide to the licensing officer the following information only:
current name, date of birth, current address, and the make, model, cali-
ber and serial number of all firearms currently possessed. Such certif-
ication information shall be filed by the licensing officer in the same
manner as an amendment. Elsewhere than in the city of New York and the
counties of Nassau, Suffolk and Westchester, any license to carry or
possess a pistol or revolver, issued at any time pursuant to this
section or prior to the first day of July, nineteen hundred sixty-three
and not previously revoked or cancelled, shall be in force and effect
until revoked as herein provided. Any license not previously cancelled
or revoked shall remain in full force and effect for thirty days beyond
the stated expiration date on such license. Any application to renew a
license that has not previously expired, been revoked or cancelled shall
thereby extend the term of the license until disposition of the applica-
tion by the licensing officer. In the case of a license for gunsmith or
dealer in firearms, in counties having a population of less than two
hundred thousand inhabitants, photographs and fingerprints shall be
submitted on original applications and upon renewal thereafter only at
six year intervals. Upon satisfactory proof that a currently valid
original license has been despoiled, lost or otherwise removed from the
possession of the licensee and upon application containing an additional
photograph of the licensee, the licensing officer shall issue a dupli-
cate license.
[(b) All licensees shall be recertified to the division of state
police every five years thereafter. Any license issued before the effec-
tive date of the chapter of the laws of two thousand thirteen which
added this paragraph shall be recertified by the licensee on or before
January thirty-first, two thousand eighteen, and not less than one year
prior to such date, the state police shall send a notice to all license
holders who have not recertified by such time. Such recertification
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shall be in a form as approved by the superintendent of state police,
which shall request the license holder's name, date of birth, gender,
race, residential address, social security number, firearms possessed by
such license holder, email address at the option of the license holder
and an affirmation that such license holder is not prohibited from
possessing firearms. The form may be in an electronic form if so desig-
nated by the superintendent of state police. Failure to recertify shall
act as a revocation of such license. If the New York state police
discover as a result of the recertification process that a licensee
failed to provide a change of address, the New York state police shall
not require the licensing officer to revoke such license.]
12. Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms shall keep a record book
approved as to form, except in the city of New York, by the superinten-
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or iden-
tification mark on such firearm. Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20. In addition,
before delivering a firearm to a peace officer, the licensee shall veri-
fy that person's status as a peace officer with the division of state
police. After completing the foregoing, the licensee shall remove and
retain the attached coupon and enter in the record book the date of such
license, number, if any, and name of the licensing officer, in the case
of the holder of a license to carry or possess, or the shield or other
number, if any, assignment and department, unit or agency, in the case
of an exempt person. The original transaction report shall be forwarded
to the division of state police within ten days of delivering a firearm
to any person, and a duplicate copy shall be kept by the licensee. The
superintendent of state police may designate that such record shall be
completed and transmitted in electronic form. A dealer may be granted a
waiver from transmitting such records in electronic form if the super-
intendent determines that such dealer is incapable of such transmission
due to technological limitations that are not reasonably within the
control of the dealer, or other exceptional circumstances demonstrated
by the dealer, pursuant to a process established in regulation, and at
the discretion of the superintendent. [Records assembled or collected
for purposes of inclusion in the database created pursuant to section
400.02 of this article shall not be subject to disclosure pursuant to
article six of the public officers law.] The record book shall be main-
tained on the premises mentioned and described in the license and shall
be open at all reasonable hours for inspection by any peace officer,
acting pursuant to his special duties, or police officer. In the event
of cancellation or revocation of the license for gunsmith or dealer in
firearms, or discontinuance of business by a licensee, such record book
shall be immediately surrendered to the licensing officer in the city of
New York, and in the counties of Nassau and Suffolk, and elsewhere in
the state to the executive department, division of state police.
16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
or (f) of subdivision twenty-two of section 265.00 of this chapter,
possessed before the date of the effective date of the chapter of the
laws of two thousand thirteen which added this paragraph, must make an
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application to register such weapon with the superintendent of state
police, in the manner provided by the superintendent, or by amending a
license issued pursuant to this section within one year of the effective
date of this subdivision except any weapon defined under subparagraph
(vi) of paragraph (g) of subdivision twenty-two of section 265.00 of
this chapter transferred into the state may be registered at any time,
provided such weapons are registered within thirty days of their trans-
fer into the state. Registration information shall include the regis-
trant's name, date of birth, gender, race, residential address, social
security number and a description of each weapon being registered. A
registration of any weapon defined under subparagraph (vi) of paragraph
(g) of subdivision twenty-two of section 265.00 or a feeding device as
defined under subdivision twenty-three of section 265.00 of this chapter
shall be transferable, provided that the seller notifies the state
police within seventy-two hours of the transfer and the buyer provides
the state police with information sufficient to constitute a registra-
tion under this section. Such registration shall not be valid if such
registrant is prohibited or becomes prohibited from possessing a firearm
pursuant to state or federal law. The superintendent shall determine
whether such registrant is prohibited from possessing a firearm under
state or federal law. Such check shall be limited to determining whether
the factors in 18 USC 922 (g) apply or whether a registrant has been
convicted of a serious offense as defined in subdivision sixteen-b of
section 265.00 of this chapter, so as to prohibit such registrant from
possessing a firearm, and whether a report has been issued pursuant to
section 9.46 of the mental hygiene law. All registrants shall recertify
to the division of state police every five years thereafter. Failure to
recertify shall result in a revocation of such registration.
(b) The superintendent of state police shall create and maintain an
internet website to educate the public as to which semiautomatic rifle,
semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
as a result of the enactment of the chapter of the laws of two thousand
thirteen which added this paragraph, as well as such assault weapons
which are illegal pursuant to article two hundred sixty-five of this
chapter. Such website shall contain information to assist the public in
recognizing the relevant features proscribed by such article two hundred
sixty-five, as well as which make and model of weapons that require
registration.
(c) A person who knowingly fails to apply to register such weapon, as
required by this section, within one year of the effective date of the
chapter of the laws of two thousand thirteen which added this paragraph
shall be guilty of a class A misdemeanor and such person who unknowingly
fails to validly register such weapon within such one year period shall
be given a warning by an appropriate law enforcement authority about
such failure and given thirty days in which to apply to register such
weapon or to surrender it. A failure to apply or surrender such weapon
within such thirty-day period shall result in such weapon being removed
by an appropriate law enforcement authority and declared a nuisance.
16-b.] The cost of the software, programming and interface required to
transmit any record that must be electronically transmitted by the deal-
er or licensing officer to the division of state police pursuant to this
chapter shall be borne by the state.
S 14. Section 2509 of the surrogate's court procedure act is REPEALED.
S 15. Section 58 of chapter 1 of the laws of 2013 amending the crimi-
nal procedure law and other laws relating to suspension and revocation
of firearms licenses; private sale or disposal of firearms, rifles or
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shotguns and establishing a minimum age to possess a firearm, is amended
to read as follows:
S 58. This act shall take effect immediately; provided, however, that:
a. Sections one, two, three, four, five, [six, seven, eight, nine,]
ten, [eleven, twelve,] thirteen, fourteen, fifteen, sixteen, seventeen,
eighteen, nineteen, [twenty,] twenty-one, twenty-two, twenty-three,
twenty-four, twenty-five, twenty-six, twenty-six-a, twenty-seven, twen-
ty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three,
thirty-four, thirty-five, thirty-six, thirty-nine, forty, [forty-one,
forty-one-a, forty-one-b,] forty-two, forty-three, forty-five, [forty-
six, forty-six-a, forty-seven, fifty-one,] fifty-two, [fifty-three,]
fifty-four, fifty-five, and fifty-six of this act shall take effect on
the sixtieth day after it shall have become a law;
b. [The amendments to subdivision 23 of section 265.00 of the penal
law made by section thirty-eight of this act shall take effect on the
ninetieth day after this act shall have become a law, except that the
amendments made to paragraph (a) of subdivision 23 shall take effect
immediately;
c.] The amendments to subdivision 1, paragraph (a) of subdivision 3,
and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
penal law made by section forty-eight of this act shall take effect one
year after this act shall have become a law;
[d. The amendments to subdivision 16-a of section 400.00 of the penal
law made by section forty-eight of this act shall take effect on the
ninetieth day after this act shall have become a law;
e. The amendments to sections 400.02 and 400.03 of the penal law made
by sections forty-nine and fifty of this act shall take effect one year
after it shall have become a law;] and
[f.] C. The amendments to subdivision (b) of section 9.47 and sections
9.48 and 9.60 of the mental hygiene law made by sections twenty-one,
twenty-two and twenty-three of this act shall not affect the expiration
and repeal of such paragraph and sections and shall be deemed repealed
therewith.
S 16. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
S 17. This act shall take effect immediately; provided that: the
amendments to subdivisions 10, 12, 16-a and 16-b of section 400.00 of
the penal law made by section thirteen of this act shall take effect on
the same date and in the same manner as section 48 of chapter 1 of the
laws of 2013 takes effect.