S T A T E   O F   N E W   Y O R K
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                                  10502

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by  M. of A. KATZ -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation  to  licenses  to  carry  and
  possess firearms

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
follows:
  2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
shall  be  issued  to engage in such business. A license for a pistol or
revolver, other than an assault weapon or  a  disguised  gun,  shall  be
issued  to [(a) have and] possess [in his dwelling by a householder; (b)
have and possess in his place of business by a merchant or  storekeeper;
(c) have] and carry concealed [while so employed by a messenger employed
by  a  banking  institution  or  express  company;  (d)  have  and carry
concealed by a justice of the supreme court in the first or second judi-
cial departments, or by a judge of the New York city civil court or  the
New  York  city  criminal  court;  (e) have and carry concealed while so
employed by a regular employee of an institution of the state, or of any
county, city, town or  village,  under  control  of  a  commissioner  of
correction  of  the city or any warden, superintendent or head keeper of
any state prison, penitentiary, workhouse, county jail or other institu-
tion for the detention of persons convicted or accused of crime or  held
as witnesses in criminal cases, provided that application is made there-
for  by  such  commissioner,  warden, superintendent or head keeper; (f)
have and carry concealed,] without regard  to  employment  or  place  of
possession[,  by  any  person  when proper cause exists for the issuance
thereof; and (g) have, possess, collect and carry antique pistols  which
are  defined as follows: (i) any single shot, muzzle loading pistol with
a matchlock, flintlock, percussion cap,  or  similar  type  of  ignition
system  manufactured  in or before l898, which is not designed for using
rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
ca of any pistol described in clause (i) hereof if such replica--

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15019-01-6

A. 10502                            2

  (1) is not designed or redesigned for using  rimfire  or  conventional
centerfire fixed ammunition, or
  (2)  uses rimfire or conventional centerfire fixed ammunition which is
no longer manufactured in the United States and  which  is  not  readily
available in the ordinary channels of commercial trade].
  S  2.  Paragraph  (a)  of subdivision 3 of section 400.00 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read  as
follows:
  (a)  Applications  shall be made and renewed, in the case of a license
to carry [or] AND possess a pistol or revolver, to the licensing officer
in the city or county, as the case may be, where the applicant  resides,
is principally employed or has his or her principal place of business as
merchant  or  storekeeper;  and, in the case of a license as gunsmith or
dealer in firearms, to the licensing officer where such place  of  busi-
ness  is  located.  Blank  applications shall, except in the city of New
York, be approved as to form by the superintendent of state  police.  An
application shall state the full name, date of birth, residence, present
occupation of each person or individual signing the same, whether or not
he  or  she  is a citizen of the United States, whether or not he or she
complies with each requirement for eligibility specified in  subdivision
one  of this section and such other facts as may be required to show the
good character, competency and integrity of each  person  or  individual
signing  the application. An application shall be signed and verified by
the applicant. Each individual signing an application shall  submit  one
photograph  of himself or herself and a duplicate for each required copy
of the application. Such photographs shall have been taken within thirty
days prior to filing the application. In case of a license  as  gunsmith
or  dealer  in  firearms,  the photographs submitted shall be two inches
square, and the application shall also state the previous occupation  of
each  individual  signing the same and the location of the place of such
business, or of the bureau, agency, subagency, office or  branch  office
for  which  the license is sought, specifying the name of the city, town
or village, indicating the street and number and otherwise  giving  such
apt description as to point out reasonably the location thereof. In such
case,  if the applicant is a firm, partnership or corporation, its name,
date and place of formation, and principal place of  business  shall  be
stated.  For  such  firm or partnership, the application shall be signed
and verified by each individual composing or intending  to  compose  the
same, and for such corporation, by each officer thereof.
  S  3.  Subdivision 6 of section 400.00 of the penal law, as amended by
chapter 318 of the laws of 2002, is amended to read as follows:
  6. License: validity. Any license  issued  pursuant  to  this  section
shall  be valid notwithstanding the provisions of any local law or ordi-
nance.  No license shall be transferable to any other  person  or  prem-
ises.  A  license  to  carry [or] AND possess a pistol or revolver[, not
otherwise limited as to place or time of possession,] shall be effective
throughout the state, except that the same shall not be valid within the
city of New York unless a special permit granting validity is issued  by
the  police  commissioner  of  that city. Such license to carry [or] AND
possess shall be valid within the city of New York in the absence  of  a
permit issued by the police commissioner of that city, provided that (a)
the firearms covered by such license have been purchased from a licensed
dealer within the city of New York and are being transported out of said
city  forthwith  and  immediately  from said dealer by the licensee in a
locked container during a continuous and uninterrupted trip; or provided
that (b) the firearms covered by such license are being  transported  by

A. 10502                            3

the  licensee in a locked container and the trip through the city of New
York is continuous and uninterrupted; or provided that (c) the  firearms
covered  by  such  license  are  carried  by armored car security guards
transporting  money  or  other valuables, in, to, or from motor vehicles
commonly known as armored cars, during the course of  their  employment;
or  provided that (d) the licensee is a retired police officer as police
officer is defined pursuant to subdivision thirty-four of  section  1.20
of the criminal procedure law or a retired federal law enforcement offi-
cer,  as  defined in section 2.15 of the criminal procedure law, who has
been issued a license by an authorized licensing officer as  defined  in
subdivision  ten  of  section 265.00 of this chapter; provided, further,
however, that if such license was not issued in the city of New York  it
must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
ment Officer", as the case may be, and, in the case of a retired officer
the  license  shall  be  deemed  to  permit  only  police or federal law
enforcement regulations weapons; or provided that (e) the licensee is  a
peace officer described in subdivision four of section 2.10 of the crim-
inal  procedure law and the license, if issued by other than the city of
New York, is marked "New York State Tax Department Peace Officer" and in
such case the exemption shall apply only to the firearm issued  to  such
licensee  by  the  department  of  taxation  and  finance.  A license as
gunsmith or dealer in firearms shall not be valid outside  the  city  or
county, as the case may be, where issued.
  S  4.  Subdivision  7 of section 400.00 of the penal law is amended to
read as follows:
  7. License: form. Any license issued pursuant to this  section  shall,
except  in  the  city  of New York, be approved as to form by the super-
intendent of state police. A license to carry [or] AND possess a  pistol
or  revolver shall have attached the licensee's photograph, and a coupon
which shall be removed and retained by any person disposing of a firearm
to the licensee. Such license shall specify the weapon covered by  cali-
bre,  make, model, manufacturer's name and serial number, or if none, by
any other distinguishing number or identification mark[, and shall indi-
cate whether issued to carry on the person or possess on  the  premises,
and  if  on the premises shall also specify the place where the licensee
shall possess the same]. If such license is issued to an alien, or to  a
person not a citizen of and usually a resident in the state, the licens-
ing  officer  shall  state  in the license the particular reason for the
issuance and the names of the persons certifying to the  good  character
of  the  applicant.  Any license as gunsmith or dealer in firearms shall
mention and describe the premises for which it is issued  and  shall  be
valid only for such premises.
  S  5.  Subdivision 9 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
  9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
person licensed to carry [or] AND possess a pistol or revolver may apply
at  any time to his or her licensing officer for amendment of his or her
license to include one or more such weapons or to  cancel  weapons  held
under  license.  If  granted,  a  record of the amendment describing the
weapons involved shall be filed by the licensing officer in  the  execu-
tive department, division of state police, Albany. The superintendent of
state  police  may authorize that such amendment be completed and trans-
mitted to the state police in electronic  form.    Notification  of  any
change  of residence shall be made in writing by any licensee within ten
days after such change occurs, and a record  of  such  change  shall  be
inscribed  by  such  licensee on the reverse side of his or her license.

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Elsewhere than in the city of New York, and in the  counties  of  Nassau
and  Suffolk,  such  notification shall be made to the executive depart-
ment, division of state police, Albany, and in the city of New  York  to
the police commissioner of that city, and in the county of Nassau to the
police  commissioner of that county, and in the county of Suffolk to the
licensing officer of that county, who shall, within ten days after  such
notification  shall be received by him or her, give notice in writing of
such change to the executive department, division of  state  police,  at
Albany.
  S  6.  Paragraph  (a) of subdivision 10 of section 400.00 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read  as
follows:
  (a) Any license for gunsmith or dealer in firearms and, in the city of
New  York,  any  license to carry [or] AND 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] AND 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  accordance 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 infor-
mation  only:    current  name,  date of birth, current address, and the
make, model,  caliber  and  serial  number  of  all  firearms  currently
possessed.  Such certification information shall be filed by the licens-
ing 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] AND 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 application 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  satisfac-
tory  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 duplicate license.
  S 7. Subdivision 12 of section 400.00 of the penal law, as amended  by
chapter 1 of the laws of 2013, is amended to read as follows:
  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-

A. 10502                            5

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] AND  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  verify  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] AND possess, or the
shield or other number, if any, assignment and department, unit or agen-
cy, 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 elec-
tronic form if the superintendent determines that such dealer is incapa-
ble 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  estab-
lished  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 maintained 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.
  S  8. Subdivision 14 of section 400.00 of the penal law, as amended by
chapter 195 of the laws of 2005, is amended to read as follows:
  14. Fees. In the city of New York and the county of Nassau, the annual
license fee shall be twenty-five dollars for gunsmiths and fifty dollars
for dealers in firearms. In such city, the city council and in the coun-
ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
for a license to carry [or] AND possess a pistol or revolver and provide
for  the disposition of such fees. Elsewhere in the state, the licensing
officer shall collect and pay into the  county  treasury  the  following
fees:  for  each license to carry [or] AND possess a pistol or revolver,
not less than three dollars nor more than ten dollars as may  be  deter-
mined by the legislative body of the county; for each amendment thereto,
three  dollars,  and five dollars in the county of Suffolk; and for each
license issued to a gunsmith or dealer in firearms, ten dollars. The fee
for a duplicate license shall be five dollars. The fee for processing  a
license  transfer  between  counties  shall be five dollars. The fee for
processing a license or renewal thereof for a qualified  retired  police

A. 10502                            6

officer  as defined under subdivision thirty-four of section 1.20 of the
criminal procedure law, or a qualified retired sheriff, undersheriff, or
deputy sheriff of the city of New York as defined under subdivision  two
of  section  2.10  of the criminal procedure law, or a qualified retired
bridge and tunnel officer, sergeant  or  lieutenant  of  the  triborough
bridge  and  tunnel  authority  as  defined  under subdivision twenty of
section 2.10 of the criminal  procedure  law,  or  a  qualified  retired
uniformed  court  officer  in  the  unified court system, or a qualified
retired court clerk in the unified court system in the first and  second
judicial  departments,  as  defined in paragraphs a and b of subdivision
twenty-one of section 2.10 of the criminal procedure law  or  a  retired
correction officer as defined in subdivision twenty-five of section 2.10
of the criminal procedure law shall be waived in all counties throughout
the state.
  S  9.  This  act  shall take effect immediately and shall apply to all
licenses held and issued on and after such date.