S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7357
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2017
                                ___________
 
 Introduced  by  M.  of  A. OAKS, KOLB, HAWLEY, PALMESANO, WALTER, FINCH,
   FRIEND, DiPIETRO, ERRIGO -- Multi-Sponsored by -- M.  of  A.  BARCLAY,
   BLANKENBUSH,  CASTORINA, CROUCH, GIGLIO, LALOR, McDONOUGH, McLAUGHLIN,
   B. MILLER, MONTESANO, STEC -- 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08441-01-7

 A. 7357                             2
 
 department,  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]  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-

 A. 7357                             3
 
 tial address, social security number, firearms possessed by such license
 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.
   § 3. This act shall take effect immediately.