S T A T E O F N E W Y O R K
________________________________________________________________________
8028
2015-2016 Regular Sessions
I N A S S E M B L Y
June 4, 2015
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to licenses to carry,
possess, repair and dispose of firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 3, subdivision 4, paragraph
(a) of subdivision 5 and subdivisions 7, 9, 10, 16-a and 16-b of section
400.00 of the penal law, paragraph (a) of subdivision 3, subdivision 4,
paragraph (a) of subdivision 5 and subdivisions 9 and 10 as amended and
subdivisions 16-a and 16-b as added by chapter 1 of the laws of 2013,
paragraph (a-1) of subdivision 16-a as added by chapter 98 of the laws
of 2013, are amended to read as follows:
(a) Applications shall be made and renewed, in the case of a license
to carry or 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]
DIVISION OF CRIMINAL JUSTICE SERVICES. 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 require-
ment for eligibility specified in subdivision one of this section and
such other facts as may be required to show the good character, compe-
tency and integrity of each person or individual signing the applica-
tion. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11366-01-5
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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.
4. Investigation. Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such applica-
tion is made, including but not limited to such records as may be acces-
sible to the [division of state police or] division of criminal justice
services pursuant to section 400.02 of this article. For that purpose,
the records of the appropriate office of the department of mental
hygiene concerning previous or present mental illness of the applicant
shall be available for inspection by the investigating officer of the
police authority. In order to ascertain any previous criminal record,
the investigating officer shall take the fingerprints and physical
descriptive data in quadruplicate of each individual by whom the appli-
cation is signed and verified. Two copies of such fingerprints shall be
taken on standard fingerprint cards eight inches square, and one copy
may be taken on a card supplied for that purpose by the federal bureau
of investigation; provided, however, that in the case of a corporate
applicant that has already been issued a dealer in firearms license and
seeks to operate a firearm dealership at a second or subsequent
location, the original fingerprints on file may be used to ascertain any
criminal record in the second or subsequent application unless any of
the corporate officers have changed since the prior application, in
which case the new corporate officer shall comply with procedures
governing an initial application for such license. When completed, one
standard card shall be forwarded to and retained by the division of
criminal justice services in the executive department, at Albany. A
search of the files of such division and written notification of the
results of the search to the investigating officer shall be made without
unnecessary delay. Thereafter, such division shall notify the licensing
officer and the executive department, division of state police, Albany,
of any criminal record of the applicant filed therein subsequent to the
search of its files. A second standard card, or the one supplied by the
federal bureau of investigation, as the case may be, shall be forwarded
to that bureau at Washington with a request that the files of the bureau
be searched and notification of the results of the search be made to the
investigating police authority. Of the remaining two fingerprint cards,
one shall be filed with the executive department, division of [state
police] CRIMINAL JUSTICE SERVICES, Albany, within ten days after issu-
ance of the license, and the other remain on file with the investigating
police authority. No such fingerprints may be inspected by any person
other than a peace officer, who is acting pursuant to his special
duties, or a police officer, except on order of a judge or justice of a
court of record either upon notice to the licensee or without notice, as
the judge or justice may deem appropriate. Upon completion of the inves-
tigation, the police authority shall report the results to the licensing
officer without unnecessary delay.
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(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 applications relating to firearms to the licensing authority
of that county. Except as provided in paragraphs (b) through (f) of this
subdivision, the name and address of any person to whom an application
for any license has been granted shall be a public record. Upon applica-
tion 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] CRIMINAL JUSTICE SERVICES, Albany, within ten
days after issuance of the license. The [superintendent of state police]
DIVISION OF CRIMINAL JUSTICE SERVICES may designate that such applica-
tion shall be transmitted to the division of [state police] CRIMINAL
JUSTICE SERVICES electronically. In the event the [superintendent of the
division of state police] DIVISION OF CRIMINAL JUSTICE SERVICES deter-
mines 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, department or
authority shall provide the division with such records. In the event
such clerk, department or authority lacks such records, the division OF
CRIMINAL JUSTICE SERVICES may request the license holder provide infor-
mation sufficient to constitute such record and such license holder
shall provide the division 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 established 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.
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] DIVISION OF CRIMINAL JUSTICE SERVICES. A
license to carry or 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 calibre, make, model, manufacturer's name
and serial number, or if none, by any other distinguishing number or
identification mark, and shall indicate 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 licensing 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 prem-
ises for which it is issued and shall be valid only for such premises.
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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 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] CRIMINAL JUSTICE SERVICES,
Albany. The [superintendent of state police] DIVISION OF CRIMINAL
JUSTICE SERVICES may authorize that such amendment be completed and
transmitted to the [state police] DIVISION in electronic form. Notifi-
cation of any change of residence shall be made in writing by any licen-
see 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] CRIMINAL JUSTICE SERVICES, Alba-
ny, 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] CRIMINAL JUSTICE SERVICES, 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 officer. In the case of a license for gunsmith or
dealer in firearms, in counties having a population of less than two
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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] LICENSING OFFICER every five years thereafter. Any license
issued before the effective date of [the] chapter ONE 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] DIVI-
SION OF CRIMINAL JUSTICE SERVICES 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, 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.] RECERTIFICATION SHALL CONTAIN THE INFORMATION AND
SHALL BE IN THE FORM SET FORTH HEREINBELOW:
RECERTIFICATION
1. NAME ________________________________________________________________
2. DATE OF BIRTH _______________________________________________________
3. GENDER ______________________________________________________________
4. RACE ________________________________________________________________
5. RESIDENTIAL ADDRESS _________________________________________________
________________________________________________________________________
________________________________________________________________________
6. SOCIAL SECURITY NUMBER ______________________________________________
7. EMAIL ADDRESS (OPTIONAL) ____________________________________________
8. LIST ALL FIREARMS POSSESSED ON LICENSE: _____________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
UPON RECEIPT OF THE COMPLETED RECERTIFICATION FORM, THE LICENSING OFFI-
CER WILL COMPARE THE INFORMATION PROVIDED WITH THE INFORMATION MAIN-
TAINED BY THE LICENSING OFFICER FOR SUCH LICENSE HOLDER, AND PROMPTLY
NOTIFY THE LICENSE HOLDER OF ANY DISCREPANCIES THAT MAY EXIST, AND
PROVIDE INSTRUCTION AS TO APPLYING FOR AN AMENDMENT PURSUANT TO SUBDIVI-
SION NINE THIS SECTION. AFTER THE RESOLUTION OF ANY PENDING APPLICATIONS
FOR AMENDMENTS, THE LICENSING OFFICER SHALL RETAIN A COPY OF THE RECER-
TIFICATION AND A COPY SHALL BE FILED BY THE LICENSING OFFICER IN THE
EXECUTIVE DEPARTMENT, DIVISION OF CRIMINAL JUSTICE SERVICES, ALBANY,
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WITHIN TEN DAYS. The form may be in an electronic form if so designated
by the [superintendent of state police] DIVISION OF CRIMINAL JUSTICE
SERVICES. Failure to recertify shall act as a revocation of such
license. If the [New York state police] DIVISION SHALL discover as a
result of the recertification process that a licensee failed to provide
a change of address, the [New York state police] DIVISION OF CRIMINAL
JUSTICE SERVICES shall not require the licensing officer to revoke such
license.
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 ONE of
the laws of two thousand thirteen [which added this paragraph], must
make an application to register such weapon with the [superintendent of
state police] DIVISION OF CRIMINAL JUSTICE SERVICES, in the manner
provided by the [superintendent] DIVISION OF CRIMINAL JUSTICE SERVICES,
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 regis-
tered at any time, provided such weapons are registered within thirty
days of their transfer into the state. Registration information shall
include the registrant'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 feed-
ing 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] DIVISION OF CRIMINAL JUSTICE SERVICES within seven-
ty-two hours of the transfer and the buyer provides the [state police]
DIVISION OF CRIMINAL JUSTICE SERVICES with information sufficient to
constitute a registration 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 [superinten-
dent] DIVISION OF CRIMINAL JUSTICE SERVICES shall determine whether such
registrant is prohibited from possessing a firearm under state or feder-
al 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] SEVENTEEN 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] CRIMINAL JUSTICE SERVICES every five
years thereafter. Failure to recertify shall result in a revocation of
such registration.
(a-1) Notwithstanding any inconsistent provisions of paragraph (A)
OFthis 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] DIVISION OF CRIMINAL JUSTICE
SERVICES shall create and maintain an internet website to educate the
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public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
tomatic pistol or weapon that are illegal as a result of the enactment
of [the] chapter ONE 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 rele-
vant 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 ONE of the laws of two thousand thirteen [which added this para-
graph] 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] CRIMINAL
JUSTICE SERVICES, AND ANY COST BORNE BY THE LICENSING OFFICER TO ADMIN-
ISTER OR MAINTAIN RECORDS RELATED TO THE RECERTIFICATION PROCESS BY THE
LICENSING OFFICER, BOTH pursuant to this chapter shall be borne by the
state.
S 2. Section 400.02 of the penal law, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
S 400.02 Statewide license and record database.
There shall be a statewide license and record database which shall be
created and maintained by the division of [state police] CRIMINAL
JUSTICE SERVICES the cost of which shall not be borne by any munici-
pality. Records assembled or collected for purposes of inclusion in such
database shall not be subject to disclosure pursuant to article six of
the public officers law. Records containing granted license applications
shall be periodically checked by the division of criminal justice
services against criminal conviction, mental health, and all other
records as are necessary to determine their continued accuracy as well
as whether an individual is no longer a valid license holder. The divi-
sion of criminal justice services shall also check pending applications
made pursuant to this article against such records to determine whether
a license may be granted. All state agencies shall cooperate with the
division of criminal justice services, as otherwise authorized by law,
in making their records available for such checks. The division of crim-
inal justice services, upon determining that an individual is ineligible
to possess a license, or is no longer a valid license holder, shall
notify the applicable licensing official of such determination and such
licensing official shall not issue a license or revoke such license and
any weapons owned or possessed by such individual shall be removed
consistent with the provisions of subdivision eleven of section 400.00
of this article. Local and state law enforcement shall have access to
such database, as otherwise authorized by law, in the performance of
their duties. Records assembled or collected for purposes of inclusion
in the database established by this section shall be released pursuant
to a court order.
S 3. This act shall take effect immediately.