S T A T E O F N E W Y O R K
________________________________________________________________________
739
2017-2018 Regular Sessions
I N S E N A T E
January 4, 2017
___________
Introduced by Sens. ORTT, SEWARD -- read twice and ordered printed, and
when printed to be committed 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
a matchlock, flintlock, percussion cap, or similar type of ignition
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04623-01-7
S. 739 2
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
dealer within the city of New York and are being transported out of said
S. 739 3
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-
mitted to the state police in electronic form. Notification of any
S. 739 4
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.
§ 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:
S. 739 5
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,
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
S. 739 6
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.
