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

                                  2391

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M. of A. STEC -- Multi-Sponsored by -- M. of A. BARCLAY,
  BORELLI, CORWIN, CROUCH, DUPREY, FINCH, GOODELL, HAWLEY, KOLB,  NOJAY,
  OAKS,  PALMESANO,  TENNEY,  WALTER  --  read  once and referred to the
  Committee on Codes

AN ACT to amend the family court act, in relation to the suspension  and
  revocation  of  a  license  to  carry  firearms; to amend the domestic
  relations law, in relation to orders of protection; to amend the penal
  law, in relation to the applicability of  certain  provisions  of  the
  penal   law,  large  capacity  ammunition  feeding  devices,  and  gun
  licenses; to amend section 58 of chapter 1 of the laws of 2013  amend-
  ing  the  criminal procedure law and other laws relating to suspension
  and revocation of firearms  licenses;  private  sale  or  disposal  of
  firearms, rifles or shotguns and establishing a minimum age to possess
  a  firearm,  in  relation  to the effectiveness thereof; and to repeal
  article 39-DDD of the general business law  relating  to  the  private
  sale or disposal of firearms, rifles and shotguns, section 9.46 of the
  mental  hygiene  law relating to reports of substantial risk or threat
  of harm by mental health professionals, sections 37, 38, 46 and 51  of
  chapter 1 of the laws of 2013, amending the criminal procedure law and
  other laws relating to suspension and revocation of firearms licenses;
  private  sale  or  disposal of firearms, rifles or shotguns and estab-
  lishing a minimum age to possess a firearm relating  to  gun  control,
  section 265.01-b of the penal law relating to criminal possession of a
  firearm,  section  265.36  of  the  penal  law  relating  to  unlawful
  possession of a large capacity ammunition feeding  device,  265.37  of
  the  penal  law  relating to unlawful possession of certain ammunition
  feeding devices, 265.45 of the penal law relating to the safe  storage
  of rifles, shotguns, and firearms, 400.02 of the penal law relating to
  the  statewide license and record database and 400.03 of the penal law
  relating to sellers of ammunition, and section 2509 of the surrogate's
  court procedure act relating to a firearms inventory


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07642-01-5

              

A. 2391                             2

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

  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

A. 2391                             3

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:
  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. Sections 265.01-b, 265.36, 265.37, 265.45, 400.02 and 400.03  of
the penal law are REPEALED.
  S  11. 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 12. 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, and paragraph  (a-1)
of  subdivision  16-a  as  added  by chapter 98 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

A. 2391                             4

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;

A. 2391                             5

  (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.

A. 2391                             6

  (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

A. 2391                             7

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

A. 2391                             8

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.
  (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
this  subdivision,  an owner of an assault weapon as defined in subdivi-
sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
retired New York or federal law enforcement officer as defined in subdi-
vision  twenty-five of section 265.00 of this chapter, where such weapon
was issued to or purchased by such officer prior to  retirement  and  in
the course of his or her official duties, and for which such officer was
qualified  by the agency that employed such officer within twelve months
prior to his or her retirement, must register such weapon  within  sixty
days of retirement.
  (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

A. 2391                             9

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 13. Section 2509 of the surrogate's court procedure act is REPEALED.
  S  14. 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
shotguns and establishing a minimum age to possess a  firearm,  subdivi-
sion  b  as amended by section 4 of part FF of chapter 57 of the laws of
2013, 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 designating paragraph (a) of subdivision 23 shall take effect
immediately; and provided further that the effective date of the  amend-
ments  adding  paragraphs  (b)  and  (c)  to  such  subdivision shall be
suspended and not effective;
  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  15.  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 16. This act shall take effect immediately.