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

                                  2217

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A. PAULIN, RAMOS, LIFTON, ENGLEBRIGHT, KAVANAGH,
  ROSENTHAL, WRIGHT, SCHIMEL, ABINANTI, COLTON, DINOWITZ, JAFFEE, MAYER,
  SCARBOROUGH -- Multi-Sponsored by -- M. of  A.  ARROYO,  CLARK,  GOTT-
  FRIED,  HOOPER,  MAGNARELLI -- read once and referred to the Committee
  on Economic Development

AN ACT to amend the general business law and the penal law, in  relation
  to preventing the sale of firearms, rifles, and shotguns to criminals

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

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares as follows:
  1. Firearms, rifles and shotguns are used to kill over 30,000 individ-
uals in the United States every year, including 1,000 individuals in New
York state alone. Additionally, there  are  100,000  non-fatal  injuries
across  the  country.  The  federal  government has largely ignored this
public health crisis and has left it up to state and  local  governments
to protect its citizens. Firearm violence also costs billions of dollars
and  causes  incalculable  emotional  damage,  devastating  families and
communities throughout the country.  Therefore, the state  of  New  York
has  a  strong interest in reducing violence and crimes that involve the
use of firearms and the illegal trafficking of  firearms.  Illegal  guns
obtained  throughout  the  state end up in the hands of criminals, youth
and violent individuals who use them to threaten, maim and kill.
  2. There is a thriving underground market for illegal firearms, large-
ly driven by demand from drug gangs and other criminals. A highly  effi-
cient  and  continuous  business  practice  exists in which firearms are
moved from legal manufacture and sale to prohibited  purchasers,  making
them  illegal  firearms.  In  2013, according to a review by the federal
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) of trace data
compiled for several regions in the state,  including  Albany,  Buffalo,
Rochester,  Syracuse,  Long Island and New York City that calendar year,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00153-03-5
              

A. 2217                             2

8,539 firearms were recovered and traced, 2,164 of which were long guns.
Outside New York City, long guns are sold without a permit. 64.4% of the
firearms recovered from crimes in New York in 2013  were  found  in  New
York  City.    In  2011, ATF trace data showed that 90% of the traceable
guns used in crimes in the five boroughs were from out of state.  State-
wide,  in 2011, 68% of traced crime guns recovered in New York came from
out of state.  A significant portion of guns involved in crimes  upstate
originate within the state. For example, according to 2009 ATF crime gun
trace  data, 69% of crime guns in the Buffalo area and 50% of crime guns
in the Syracuse area originated within New York state.
  3. Youth are particularly at risk of being killed with guns.   Accord-
ing  to  the  Centers for Disease Control and Prevention, in 2010 alone,
116 children and teens (under the age of 19) died from gun  violence  in
New York state.
  4. A substantial portion of illegal firearms are diverted to the ille-
gal  market  through  licensed gun dealers. Rogue gun dealers play a key
role in this market. These rogue dealers  funnel  guns  to  the  illegal
market through a variety of channels. One of the most common means is to
allow "straw purchases". A straw purchase occurs when a person purchases
a  gun  on  behalf of a prohibited person. The ATF conducted an investi-
gation of gun trafficking from July 1996 to December 1998 and found that
almost 26,000 trafficked firearms were associated with investigations in
which there was a straw purchaser. Almost 50% of all trafficking  inves-
tigations  involved  straw  purchasers,  with  an average of 37 firearms
trafficked per investigation.  Another issue, according to a 2008 report
by Mayors Against Illegal Guns, Inside Straw Purchasing:  How  Criminals
Get  Guns  Illegally,  is that many traffickers return to the same store
again and again once they have identified it as one in  which  they  can
make  straw  purchases easily.   According to the ATF, 1% of gun dealers
are the source of almost 60% of crime guns.
  5.  Although most gun dealers operate  their  businesses  legally  and
responsibly, some gun dealers who are corrupt or maintain shoddy record-
keeping  practices flood the streets with illegal weapons as a result of
their unrestricted access to new gun inventory and the unwillingness  of
gun  manufacturers  to  terminate  their  supply to these rogue dealers.
Current federal and state regulation has not curbed the  business  prac-
tice  of illegal gun dealers. According to a 2004 study by Americans for
Gun Safety, of the 120 worst gun dealers in the  country,  namely  those
dealers  with an average of 500 crime guns traced to them, 96 were still
in operation.
  6. Moreover, this problem is not limited to  unlicensed  sellers,  and
clearly  includes  federal  firearms  licensees (FFLs). Indeed, although
FFLs were involved in under 10% of the trafficking investigations under-
taken by ATF, they were associated with the largest number  of  diverted
firearms--over  40,000 guns, which is nearly half of the total number of
trafficked firearms documented during the two-year period of  the  ATF's
investigation.    Additionally,  a 2010 report by Mayors Against Illegal
Guns indicated that several states  which  allow  state  authorities  to
supplement  the  federal ATF inspection with routine inspections provide
law enforcement with more opportunities to uncover dealers in  violation
of  the law.   These inspections also help identify dealers who exercise
lax oversight over their inventory and may lead to  improved  compliance
with federal, state, and local laws.
  7.  Current  state  law  governing  firearm  dealers  is inadequate to
prevent the diversion of firearms to the  illegal  marketplace.    Addi-
tional  protections  that  are  needed  include, but are not limited to,

A. 2217                             3

better gun dealer internal compliance procedures, programs to  eliminate
straw  purchases, improved security measures, reducing youth access, and
mandatory training for gun dealer employees.  The additional protections
set forth in this act will greatly enhance the state's efforts to reduce
criminal activity in the state.
  S 2. The general business law is amended by adding a new article 39-BB
to read as follows:
                               ARTICLE 39-BB
                    PREVENTING THE SALE OF FIREARMS,
                    RIFLES, AND SHOTGUNS TO CRIMINALS
SECTION 875-A. DEFINITIONS.
        875-B. REASONABLE MEASURES TO PREVENT SALES AND
                TRANSFERS TO CRIMINALS.
        875-C. SECURITY.
        875-D. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS.
        875-E. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.
        875-F. EMPLOYEE TRAINING.
        875-G. MAINTENANCE OF RECORDS.
        875-H. INTERNAL COMPLIANCE AND CERTIFICATION.
        875-I. RULES AND REGULATIONS.
        875-J. VIOLATIONS.
  S 875-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "DEALER"  MEANS  ANY  PERSON,  FIRM,  PARTNERSHIP, CORPORATION, OR
COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING, KEEPING  FOR
SALE,  LENDING,  LEASING,  OR  IN  ANY MANNER DISPOSING OF, ANY FIREARM,
RIFLE, OR SHOTGUN.
  2. "DISPOSE OF" MEANS TO DISPOSE OF, GIVE,  GIVE  AWAY,  LEASE,  LEND,
KEEP  FOR  SALE,  OFFER,  OFFER  FOR  SALE, SELL, TRANSFER, OR OTHERWISE
DISPOSE OF.
  3. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  4.  "FIREARM  EXHIBITOR"  MEANS  ANY PERSON, FIRM, PARTNERSHIP, CORPO-
RATION, OR COMPANY THAT EXHIBITS, SELLS, OFFERS FOR SALE, TRANSFERS,  OR
EXCHANGES FIREARMS, RIFLES, OR SHOTGUNS AT A GUN SHOW.
  5.  "RETAIL DEALER" MEANS ANY DEALER ENGAGED IN THE RETAIL BUSINESS OF
SELLING FIREARMS, RIFLES, OR SHOTGUNS.
  6. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
  7. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
  8.  "STRAW  PURCHASE" MEANS THE PURCHASE, OR ATTEMPT TO PURCHASE, BY A
PERSON OF A FIREARM, RIFLE, OR SHOTGUN FOR, ON BEHALF OF, OR FOR THE USE
OF ANOTHER PERSON, KNOWING THAT IT WOULD  BE  UNLAWFUL  FOR  SUCH  OTHER
PERSON TO POSSESS SUCH FIREARM, RIFLE, OR SHOTGUN, OR AN ATTEMPT TO MAKE
SUCH A PURCHASE.
  9.  "STRAW  PURCHASER"  MEANS  A  PERSON WHO, KNOWING THAT IT WOULD BE
UNLAWFUL FOR ANOTHER PERSON TO POSSESS A  FIREARM,  RIFLE,  OR  SHOTGUN,
PURCHASES  OR  ATTEMPTS TO PURCHASE A FIREARM, RIFLE, OR SHOTGUN FOR, ON
BEHALF OF, OR FOR THE USE OF SUCH OTHER PERSON.
  10. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
  S 875-B. REASONABLE MEASURES TO PREVENT SALES AND TRANSFERS TO  CRIMI-
NALS.  EVERY DEALER SHALL ADOPT REASONABLE MEASURES TO PREVENT FIREARMS,
RIFLES,  AND  SHOTGUNS  FROM  BEING  DIVERTED  FROM  THE LEGAL STREAM OF
COMMERCE, INTENTIONALLY OR  OTHERWISE,  FOR  LATER  SALE,  TRANSFER,  OR
DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO PURCHASE OR POSSESS SUCH
WEAPONS.  SUCH  MEASURES  SHALL  INCLUDE,  BUT  NEED  NOT BE LIMITED TO,

A. 2217                             4

PROGRAMS TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE  THWART
ILLEGAL  GUN  TRAFFICKING.  THE  SUPERINTENDENT  SHALL  DEVELOP PROGRAMS
DESIGNED TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE  THWART
ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
ARTICLE,  THE  SUPERINTENDENT  SHALL  SUBMIT A REPORT TO THE LEGISLATURE
DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINIMUM REQUIREMENTS FOR
SUCH PROGRAMS.
  S 875-C. SECURITY. EVERY DEALER SHALL IMPLEMENT A  SECURITY  PLAN  FOR
SECURING  FIREARMS,  RIFLES AND SHOTGUNS, INCLUDING FIREARMS, RIFLES AND
SHOTGUNS IN SHIPMENT. THE PLAN  MUST  SATISFY  AT  LEAST  THE  FOLLOWING
REQUIREMENTS:
  1.  DISPLAY  CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
AN EMPLOYEE;
  2. ALL FIREARMS, RIFLES AND SHOTGUNS  SHALL  BE  SECURED,  OTHER  THAN
DURING  BUSINESS  HOURS,  IN  A  LOCKED  FIREPROOF  SAFE OR VAULT IN THE
LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED  AND  LOCKED  AREA;
AND
  3. AMMUNITION SHALL BE STORED SEPARATELY FROM THE FIREARMS, RIFLES AND
SHOTGUNS AND OUT OF REACH OF THE CUSTOMERS.
  4.  (A)  THE  PERMITTED BUSINESS LOCATION SHALL BE SECURED BY AN ALARM
SYSTEM THAT IS INSTALLED AND MAINTAINED BY  AN  ALARM  COMPANY  OPERATOR
PROPERLY  LICENSED PURSUANT TO STATE LAW. THE ALARM SYSTEM MUST BE MONI-
TORED BY A CENTRAL STATION LISTED BY  UNDERWRITERS  LABORATORIES,  INC.,
AND  COVERED  BY  AN ACTIVE UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM
CERTIFICATE WITH A #3 EXTENT OF PROTECTION.
  (B)  UNDERWRITERS  LABORATORIES,  INC.  USES  THE  TERM   "EXTENT   OF
PROTECTION"  TO  REFER  TO  THE  AMOUNT OF ALARM PROTECTION INSTALLED TO
PROTECT A PARTICULAR AREA, ROOM OR CONTAINER. SYSTEMS WITH A  #3  EXTENT
OF  PROTECTION  INCLUDE COMPLETE PROTECTION FOR ALL ACCESSIBLE OPENINGS,
AND PARTIAL MOTION AND SOUND DETECTION AT CERTAIN  OTHER  AREAS  OF  THE
PREMISES.  MORE INFORMATION MAY BE FOUND IN: CENTRAL STATION ALARM ASSO-
CIATION, A PRACTICAL GUIDE TO CENTRAL STATION BURGLAR ALARM SYSTEMS (3RD
ED. 2005).
  S 875-D. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS. EVERY RETAIL DEALER
SHALL EXCLUDE ALL  PERSONS  UNDER  EIGHTEEN  YEARS  OF  AGE  FROM  THOSE
PORTIONS OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS, OR AMMUNITION
ARE  STOCKED  OR  SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY A PARENT OR
GUARDIAN.
  S 875-E. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.  EVERY  DEALER
SHALL  SELL  OR OTHERWISE DISPOSE OF FIREARMS, RIFLES, AND SHOTGUNS ONLY
AT THE LOCATION LISTED ON THE DEALER'S FEDERAL FIREARMS  LICENSE  OR  AT
GUN SHOWS.
  S 875-F. EMPLOYEE TRAINING. EVERY RETAIL DEALER SHALL PROVIDE TRAINING
TO  ALL  EMPLOYEES  AND  OTHER  PERSONNEL  ENGAGED IN THE RETAIL SALE OF
FIREARMS, RIFLES, AND SHOTGUNS RELATING TO:
  1. THE LAW GOVERNING FIREARM, RIFLE, AND SHOTGUN TRANSFERS BY  FEDERAL
FIREARMS LICENSEES AND INDIVIDUALS;
  2.  HOW  TO  RECOGNIZE  STRAW PURCHASES AND OTHER ATTEMPTS TO PURCHASE
FIREARMS, RIFLES, OR SHOTGUNS ILLEGALLY; AND
  3. HOW TO TEACH CONSUMERS RULES  OF  GUN  SAFETY,  INCLUDING  BUT  NOT
LIMITED  TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES, AND SHOT-
GUNS.
  NO EMPLOYEE OR AGENT OF ANY RETAIL DEALER  SHALL  PARTICIPATE  IN  THE
SALE  OR DISPOSITION OF FIREARMS, RIFLES, OR SHOTGUNS UNLESS SUCH PERSON

A. 2217                             5

IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE  TRAINING
REQUIRED  BY  THIS  SECTION.  THE  SUPERINTENDENT SHALL PROMULGATE REGU-
LATIONS SETTING  FORTH  MINIMUM  REQUIREMENTS  FOR  THE  MAINTENANCE  OF
RECORDS OF SUCH TRAINING.
  S  875-G.    MAINTENANCE  OF RECORDS. EVERY DEALER SHALL ESTABLISH AND
MAINTAIN SUCH PURCHASE, SALE, INVENTORY, AND OTHER RECORDS AT THE  DEAL-
ER'S  PLACE  OF  BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPER-
INTENDENT SHALL REQUIRE, AND SHALL SUBMIT SUCH RECORDS TO THE  NEW  YORK
STATE  POLICE  EVERY  APRIL AND OCTOBER. SUCH RECORDS SHALL AT A MINIMUM
INCLUDE THE FOLLOWING:
  1. EVERY DEALER SHALL RECORD THE MAKE, MODEL, CALIBER  OR  GAUGE,  AND
SERIAL  NUMBER  OF ALL RIFLES AND SHOTGUNS THAT ARE ACQUIRED OR DISPOSED
OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR ACQUISITION  OR  DISPOSI-
TION.  MONTHLY  BACKUPS OF THESE RECORDS SHALL BE MAINTAINED IN A SECURE
CONTAINER DESIGNED TO PREVENT  LOSS BY FIRE, THEFT, OR OTHER MISHAP;
  2. ALL RIFLES AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED  OF  MUST  BE
ACCOUNTED  FOR  THROUGH  AN INVENTORY CHECK PREPARED ONCE EACH MONTH AND
MAINTAINED IN A SECURE LOCATION;
  3. RIFLE AND SHOTGUN SALES INFORMATION, INCLUDING THE  SERIAL  NUMBERS
OF  RIFLES AND SHOTGUNS SOLD, DATES OF SALE, AND IDENTITY OF PURCHASERS,
SHALL BE MAINTAINED AND MADE AVAILABLE  TO  GOVERNMENT  LAW  ENFORCEMENT
AGENCIES AND TO THE MANUFACTURER OF THE WEAPON OR ITS DESIGNEE; AND
  4.  EVERY  DEALER SHALL MAINTAIN RECORDS OF CRIMINAL RIFLE AND SHOTGUN
TRACES INITIATED BY THE FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES ("ATF"). ALL ATF  FORM  4473  TRANSACTION  RECORDS  SHALL  BE
RETAINED  ON  THE  DEALER'S  BUSINESS  PREMISES  IN  A  SECURE CONTAINER
DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
  S 875-H. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:
  (A) IMPLEMENT AND MAINTAIN SUFFICIENT INTERNAL  COMPLIANCE  PROCEDURES
TO  ENSURE  COMPLIANCE  WITH  THE  REQUIREMENTS  OF THIS ARTICLE AND ALL
APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING  THE
SALE, TRANSFER, AND DISPOSAL OF FIREARMS, RIFLES, AND SHOTGUNS; AND
  (B)  ANNUALLY  CERTIFY  TO  THE  SUPERINTENDENT  THAT  SUCH DEALER HAS
COMPLIED WITH ALL OF THE REQUIREMENTS OF THIS ARTICLE.  THE  SUPERINTEN-
DENT  SHALL  BY REGULATION DETERMINE THE FORM AND CONTENT OF SUCH ANNUAL
CERTIFICATION.
  2. THE SUPERINTENDENT OF STATE  POLICE  SHALL  PROMULGATE  REGULATIONS
ESTABLISHING  PERIODIC  INSPECTIONS,  DURING  REGULAR AND USUAL BUSINESS
HOURS, BY THE DIVISION OF STATE POLICE OF THE PREMISES OF  EVERY  DEALER
TO  DETERMINE  COMPLIANCE  BY  SUCH DEALER WITH THE REQUIREMENTS OF THIS
ARTICLE. EVERY DEALER SHALL PROVIDE THE DIVISION OF  STATE  POLICE  WITH
FULL ACCESS TO SUCH DEALER'S PREMISES FOR SUCH INSPECTIONS.
  S 875-I. RULES AND REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE SUCH
ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
SARY  TO PREVENT FIREARMS, RIFLES, AND SHOTGUNS FROM BEING DIVERTED FROM
THE LEGAL STREAM OF COMMERCE.
  S 875-J. VIOLATIONS. ANY PERSON, FIRM, OR  CORPORATION  WHO  KNOWINGLY
VIOLATES  ANY  PROVISION  OF  THIS  ARTICLE SHALL BE GUILTY OF A CLASS A
MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN THE PENAL LAW,  AND  SHALL  BE
GUILTY  OF A CLASS E FELONY FOR A SECOND VIOLATION OCCURRING WITHIN FIVE
YEARS OF A PRIOR CONVICTION FOR A VIOLATION OF  ANY  PROVISION  OF  THIS
ARTICLE.
  S  3.  Subdivision 1 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then  only  after  investi-

A. 2217                             6

gation  and  finding  that  all statements in a proper application for a
license are true. No license shall be issued or renewed  except  for  an
applicant  (a) twenty-one years of age or older, provided, however, that
where  such  applicant  has  been  honorably  discharged from the United
States army, navy, marine corps,  air  force  or  coast  guard,  or  the
national  guard  of the state of New York, no such age restriction shall
apply; (b) of good moral character;  (c)  who  has  not  been  convicted
anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user  of  or  addicted  to  any
controlled  substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States  under  a  nonimmigrant  visa
subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her
citizenship; (i) who has stated whether he or she has ever suffered  any
mental illness; (j) who has not been involuntarily committed to a facil-
ity  under  the  jurisdiction  of  an office of the department of mental
hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
article seven hundred thirty or section 330.20 of the criminal procedure
law,  section  four  hundred two or five hundred eight of the correction
law, section 322.2 or 353.4 of the family court act,  or  has  not  been
civilly  confined in a secure treatment facility pursuant to article ten
of the mental hygiene law; (k) who has not had a license revoked or  who
is  not under a suspension or ineligibility order issued pursuant to the
provisions of section 530.14 of the criminal procedure  law  or  section
eight  hundred forty-two-a of the family court act; (l) in the county of
Westchester, who has successfully completed a firearms safety course and
test as evidenced by a certificate of completion issued in  his  or  her
name  and endorsed and affirmed under the penalties of perjury by a duly
authorized instructor,  except  that:  (i)  persons  who  are  honorably
discharged  from  the  United  States  army, navy, marine corps or coast
guard, or of the national guard of the state of New  York,  and  produce
evidence  of  official  qualification  in  firearms  during  the term of
service are not required to have completed those  hours  of  a  firearms
safety  course pertaining to the safe use, carrying, possession, mainte-
nance and storage of a firearm; and (ii) persons who  were  licensed  to
possess  a  pistol or revolver prior to the effective date of this para-
graph are not required to have completed a firearms  safety  course  and
test;  (m)  who has not had a guardian appointed for him or her pursuant
to any provision of state law, based on a determination that as a result
of marked subnormal intelligence, mental illness, incapacity,  condition
or  disease,  he  or she lacks the mental capacity to contract or manage
his or her own affairs; and (n) concerning whom no good cause exists for
the denial of the license. No person shall engage  in  the  business  of
gunsmith or dealer in firearms unless licensed pursuant to this section,
AND  NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN FIREARMS UNLESS
SUCH PERSON COMPLIES WITH THE PROVISIONS OF  ARTICLE  THIRTY-NINE-BB  OF
THE GENERAL BUSINESS LAW.  An applicant to engage in such business shall
also  be  a  citizen of the United States, more than twenty-one years of
age and maintain a place of business in the city  or  county  where  the
license  is  issued.  For  such  business, if the applicant is a firm or
partnership, each member thereof shall comply with all of  the  require-
ments  set  forth  in  this subdivision and if the applicant is a corpo-
ration, each officer thereof shall so comply.

A. 2217                             7

  S 4. Subdivisions 11 and 12 of section 400.00 of  the  penal  law,  as
amended  by  chapter  1  of  the  laws  of  2013, are amended to read as
follows:
  11. License: revocation and suspension. (a) The conviction of a licen-
see  anywhere  of  a felony or serious offense or a licensee at any time
becoming ineligible to obtain a license under this section shall operate
as a revocation of the license. A license may be revoked or suspended as
provided for in section 530.14 of the criminal procedure law or  section
eight  hundred forty-two-a of the family court act. Except for a license
issued pursuant to section 400.01 of this  article,  a  license  may  be
revoked  and  cancelled  at any time in the city of New York, and in the
counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
than  in  the  city  of  New  York by any judge or justice of a court of
record; a license issued pursuant to section 400.01 of this article  may
be  revoked  and  cancelled  at any time by the licensing officer or any
judge or justice of a court of record.  A LICENSE TO ENGAGE IN THE BUSI-
NESS OF DEALER MAY BE REVOKED OR SUSPENDED  FOR  ANY  VIOLATION  OF  THE
PROVISIONS  OF  ARTICLE  THIRTY-NINE-BB OF THE GENERAL BUSINESS LAW. The
official revoking a license shall give written  notice  thereof  without
unnecessary delay to the executive department, division of state police,
Albany,  and  shall  also notify immediately the duly constituted police
authorities of the locality.
  (b) Whenever the director of community services or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene  law,  the
division  of  criminal  justice  services shall convey such information,
whenever it determines that the person named in the report  possesses  a
license  issued  pursuant  to this section, to the appropriate licensing
official, who shall issue an order suspending or revoking such license.
  (c) In any instance in  which  a  person's  license  is  suspended  or
revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
shall surrender such license to the appropriate licensing  official  and
any  and  all  firearms,  rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency  as
provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
section 265.20 of this chapter. In  the  event  such  license,  firearm,
shotgun,  or  rifle  is not surrendered, such items shall be removed and
declared a nuisance and any  police  officer  or  peace  officer  acting
pursuant  to  his  or her special duties is authorized to remove any and
all such weapons.
  12. Records required of gunsmiths and dealers in  firearms.  [Any]  IN
ADDITION  TO THE REQUIREMENTS SET FORTH IN ARTICLE THIRTY-NINE-BB OF THE
GENERAL BUSINESS LAW, 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 superintendent 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 identification 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 OF THIS CHAPTER. In addition, before deliver-
ing  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

A. 2217                             8

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 super-
intendent 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  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 pursu-
ant to his special duties, or police officer. In the event of  cancella-
tion 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 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  such  judgment  shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the superintendent of the  division  of
state police is authorized and directed to immediately adopt, amend, and
promulgate  such rules and regulations as may be necessary and desirable
to effectuate the purposes of section two of this act.