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

                                  7092

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

Introduced  by M. of A. OAKS, KOLB, HAWLEY, PALMESANO, SALADINO, WALTER,
  NOJAY, FINCH, FRIEND, DiPIETRO --  Multi-Sponsored  by  --  M.  of  A.
  BARCLAY,  CROUCH,  GIGLIO,  LALOR,  McDONOUGH,  McLAUGHLIN, MONTESANO,
  STEC, TENNEY -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to  a  license  to  carry  or
  possess a firearm

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

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 10-a to read as follows:
  10-A.  "FILING  OFFICER" MEANS THE COUNTY CLERK OF EACH COUNTY, UNLESS
OTHERWISE SPECIFIED THROUGH RESOLUTION BY THE COUNTY'S LEGISLATIVE BODY.
  S 2. Subdivisions 9, 10, 13 and 14 of section 400.00 of the penal law,
subdivisions 9 and 10 as amended by chapter 1 of the laws  of  2013  and
subdivision  14  as  amended  by  chapter  195  of the laws of 2005, are
amended to read as follows:
  9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
person  licensed  to  carry or possess a pistol or revolver may apply at
any time to [his or her licensing] THE FILING 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] A record  of  the  amendment
describing  the weapons involved shall be filed by the licensing officer
in the executive department,  division  of  state  police,  Albany.  The
superintendent  of  state  police  may  authorize that such amendment be
completed and transmitted  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. Elsewhere than in the city of New York, and in the counties
of  Nassau and Suffolk, such notification shall be made to the executive
department, division of state police, Albany, and in  the  city  of  New

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05923-01-5
              

A. 7092                             2

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]  FILING 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, divi-
sion of state police, at Albany.
  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] FILING 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] FILING officer
shall issue a duplicate license.
  (b) All licensees shall be recertified to the division of state police
every five years thereafter. Any license  issued  before  the  effective
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 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, residen-
tial address, social security number, firearms possessed by such license

A. 7092                             3

holder,  email address at the option of the license holder and an affir-
mation that such  license  holder  is  not  prohibited  from  possessing
firearms.  The form may be in an electronic form if so designated 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] FILING officer to revoke such license.
  13.  Expenses.  The  expense of providing a [licensing] FILING officer
with blank applications, licenses and record books for carrying out  the
provisions  of this section shall be a charge against the county, and in
the city of New York against the city.
  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 possess a pistol or revolver and provide for
the disposition of such fees. Elsewhere in the  state,  the  [licensing]
FILING  officer  shall  collect  and  pay  into  the county treasury the
following fees: for each license to carry or possess a pistol or  revol-
ver,  not  less  than  three dollars nor more than ten dollars as may be
determined 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 qual-
ified retired police officer as defined under subdivision thirty-four of
section 1.20 of the criminal procedure law, or a qualified retired sher-
iff,  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 quali-
fied  retired  court  clerk in the unified court system in the first and
second judicial departments, as defined in paragraphs a and b of  subdi-
vision  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 coun-
ties throughout the state.
  S 3. This act shall take effect immediately.