S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6871
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2017
                                ___________
 
 Introduced  by  M.  of A. HAWLEY, B. MILLER, DiPIETRO, GIGLIO, LAWRENCE,
   MORINELLO, CROUCH -- Multi-Sponsored by -- M. of A. LUPINACCI --  read
   once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to licenses to carry and
   possess firearms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  400.00  of the penal law, as
 amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
 follows:
   2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
 shall be issued to engage in such business. A license for  a  pistol  or
 revolver,  other  than  an  assault  weapon or a disguised gun, shall be
 issued to [(a) have and] possess [in his dwelling by a householder;  (b)
 have  and possess in his place of business by a merchant or storekeeper;
 (c) have] and carry concealed [while so employed by a messenger employed
 by a  banking  institution  or  express  company;  (d)  have  and  carry
 concealed by a justice of the supreme court in the first or second judi-
 cial  departments, or by a judge of the New York city civil court or the
 New York city criminal court; (e) have  and  carry  concealed  while  so
 employed by a regular employee of an institution of the state, or of any
 county,  city,  town  or  village,  under  control  of a commissioner of
 correction of the city or any warden, superintendent or head  keeper  of
 any state prison, penitentiary, workhouse, county jail or other institu-
 tion  for the detention of persons convicted or accused of crime or held
 as witnesses in criminal cases, provided that application is made there-
 for by such commissioner, warden, superintendent  or  head  keeper;  (f)
 have  and  carry  concealed,]  without  regard to employment or place of
 possession[, by any person when proper cause  exists  for  the  issuance
 thereof;  and (g) have, possess, collect and carry antique pistols which
 are defined as follows: (i) any single shot, muzzle loading pistol  with

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

                                                            LBD04623-01-7

 A. 6871                             2

 a  matchlock,  flintlock,  percussion  cap,  or similar type of ignition
 system manufactured in or before l898, which is not designed  for  using
 rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
 ca of any pistol described in clause (i) hereof if such replica--
   (1)  is  not  designed or redesigned for using rimfire or conventional
 centerfire fixed ammunition, or
   (2) uses rimfire or conventional centerfire fixed ammunition which  is
 no  longer  manufactured  in  the United States and which is not readily
 available in the ordinary channels of commercial trade].
   § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (a) Applications shall be made and renewed, in the case of  a  license
 to carry [or] AND 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. 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 requirement for eligibility specified in subdivision
 one of this section and such other facts as may be required to show  the
 good  character,  competency  and integrity of each person or individual
 signing the application. 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 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.
   § 3. Subdivision 6 of section 400.00 of the penal law, as  amended  by
 chapter 318 of the laws of 2002, is amended to read as follows:
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance.    No  license shall be transferable to any other person or prem-
 ises. A license to carry [or] AND possess a  pistol  or  revolver[,  not
 otherwise limited as to place or time of possession,] shall be effective
 throughout the state, except that the same shall not be valid within the
 city  of New York unless a special permit granting validity is issued by
 the police commissioner of that city. Such license  to  carry  [or]  AND
 possess  shall  be valid within the city of New York in the absence of a
 permit issued by the police commissioner of that city, provided that (a)
 the firearms covered by such license have been purchased from a licensed

 A. 6871                             3
 
 dealer within the city of New York and are being transported out of said
 city forthwith and immediately from said dealer by  the  licensee  in  a
 locked container during a continuous and uninterrupted trip; or provided
 that  (b)  the firearms covered by such license are being transported by
 the licensee in a locked container and the trip through the city of  New
 York  is continuous and uninterrupted; or provided that (c) the firearms
 covered by such license are  carried  by  armored  car  security  guards
 transporting  money  or  other valuables, in, to, or from motor vehicles
 commonly known as armored cars, during the course of  their  employment;
 or  provided that (d) the licensee is a retired police officer as police
 officer is defined pursuant to subdivision thirty-four of  section  1.20
 of the criminal procedure law or a retired federal law enforcement offi-
 cer,  as  defined in section 2.15 of the criminal procedure law, who has
 been issued a license by an authorized licensing officer as  defined  in
 subdivision  ten  of  section 265.00 of this chapter; provided, further,
 however, that if such license was not issued in the city of New York  it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the  license  shall  be  deemed  to  permit  only  police or federal law
 enforcement regulations weapons; or provided that (e) the licensee is  a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal  procedure law and the license, if issued by other than the city of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such case the exemption shall apply only to the firearm issued  to  such
 licensee  by  the  department  of  taxation  and  finance.  A license as
 gunsmith or dealer in firearms shall not be valid outside  the  city  or
 county, as the case may be, where issued.
   §  4.  Subdivision  7 of section 400.00 of the penal law is amended to
 read as follows:
   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. A license to carry [or] AND 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  cali-
 bre,  make, model, manufacturer's name and serial number, or if none, by
 any other distinguishing number or identification mark[, and shall indi-
 cate 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 licens-
 ing  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 premises for which it is issued  and  shall  be
 valid only for such premises.
   §  5.  Subdivision 9 of section 400.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
 person licensed to carry [or] AND 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, Albany. The superintendent of
 state  police  may authorize that such amendment be completed and trans-

 A. 6871                             4
 
 mitted 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 depart-
 ment, division of state police, Albany, 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,  at
 Albany.
   §  6.  Paragraph  (a) of subdivision 10 of section 400.00 of the penal
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (a) Any license for gunsmith or dealer in firearms and, in the city of
 New  York,  any  license to carry [or] AND 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] AND 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  accordance 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 infor-
 mation  only:    current  name,  date of birth, current address, and the
 make, model,  caliber  and  serial  number  of  all  firearms  currently
 possessed.  Such certification information shall be filed by the licens-
 ing 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] AND 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 application 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  satisfac-
 tory  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 duplicate license.

 A. 6871                             5
 
   § 7. Subdivision 12 of section 400.00 of the penal law, as amended  by
 chapter 1 of the laws of 2013, is amended to read as follows:
   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] AND  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  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 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] AND possess, or the
 shield or other number, if any, assignment and department, unit or agen-
 cy, 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 elec-
 tronic form if the superintendent determines that such dealer is incapa-
 ble 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  estab-
 lished  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 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.
   §  8. Subdivision 14 of section 400.00 of the penal law, as amended by
 chapter 195 of the laws of 2005, is amended to read as follows:
   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] AND possess a pistol or revolver and provide
 for  the disposition of such fees. Elsewhere in the state, the licensing
 officer shall collect and pay into the  county  treasury  the  following
 fees:  for  each license to carry [or] AND possess a pistol or revolver,
 not less than three dollars nor more than ten dollars as may  be  deter-
 mined by the legislative body of the county; for each amendment thereto,

 A. 6871                             6

 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 qualified  retired  police
 officer  as defined under subdivision thirty-four of section 1.20 of the
 criminal procedure law, or a qualified retired sheriff, 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 qualified
 retired court clerk in the unified court system in the first and  second
 judicial  departments,  as  defined in paragraphs a and b of subdivision
 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 counties throughout
 the state.
   §  9.  This  act  shall take effect immediately and shall apply to all
 licenses held and issued on and after such date.