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

                                  8212

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

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

AN ACT to amend the penal law, in relation to  the  filing  of  approved
  applications  for  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.  Subdivision  5  of  section  400.00  of the penal law, as
amended by chapter 1 of the laws of 2013, is 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  name  and  address]  THE  APPLICATION  AND  ANY SUPPORTING RECORDS,
INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person  to  whom  an
application  for  any  license  has  been  granted shall NOT be a public
record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW. Upon application by a licensee who has  changed
his  OR  HER  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 issu-
ance of the license. The [superintendent] COMMISSIONER of [state police]
CRIMINAL JUSTICE SERVICES may designate that such application  shall  be
transmitted  to the division of [state police] CRIMINAL JUSTICE SERVICES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11195-01-5
              

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electronically. In the event the [superintendent]  COMMISSIONER  of  the
division  of [state police] CRIMINAL JUSTICE SERVICES 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, department  or  authority  shall
provide the division with such records. In the event such clerk, depart-
ment  or  authority  lacks  such  records,  the division may request the
license holder provide information sufficient to constitute such  record
and  such  license  holder shall provide the division with such informa-
tion. 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 subdivi-
sion 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] ARTICLE shall not be subject to
disclosure pursuant to article six of the  public  officers  law  EXCEPT
THAT  THE  TOTAL NUMBER OF PERSONS REGISTERED IN ANY COUNTY OF THE STATE
MAY BE DISCLOSED WITHOUT  ANY  OTHER  IDENTIFYING  INFORMATION  ABOUT  A
REGISTRANT.
  [(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;
  (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

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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.
  (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

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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.]
  S  2. This act shall take effect the first of November next succeeding
the date on which it shall have become a law.