S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    879
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens. ORTT, AKSHAR, FUNKE, RITCHIE, SEWARD -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, the family  court  act,  the
   domestic  relations  law, the general business law, the judiciary law,
   the mental hygiene law, the penal law and the surrogate's court proce-
   dure  act,  in  relation  to  limiting  the  application  of   certain
   provisions  of  law  relating  to firearms to the counties of Suffolk,
   Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester;  and
   to  repeal  section  400.02 of the penal law relating to the statewide
   license and record database
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
 law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
 follows:
   2-a. Firearm, rifle or shotgun surrender order  IN  CERTAIN  COUNTIES.
 [Upon]  IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
 YORK, BRONX AND WESTCHESTER, UPON entry of a verdict of not  responsible
 by  reason of mental disease or defect, or upon the acceptance of a plea
 of not responsible by reason of mental disease  or  defect,  or  upon  a
 finding  that the defendant is an incapacitated person pursuant to arti-
 cle seven hundred thirty of this chapter, the  court  shall  revoke  the
 defendant's  firearm license, if any, inquire of the defendant as to the
 existence and location  of  any  firearm,  rifle  or  shotgun  owned  or
 possessed  by  such  defendant and direct the surrender of such firearm,
 rifle or shotgun pursuant to subparagraph (f) of paragraph one of subdi-
 vision a of section 265.20 and subdivision six of section 400.05 of  the
 penal law.
   § 2. Section 380.96 of the criminal procedure law, as added by chapter
 1 of the laws of 2013, is amended to read as follows:

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

                                                            LBD04769-01-7

 S. 879                              2
 
 § 380.96 Obligation  of sentencing court IN CERTAIN COUNTIES pursuant to
            article four hundred of the penal law.
   [Upon]  IN  THE  COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND,
 NEW YORK, BRONX AND WESTCHESTER, UPON  judgment  of  conviction  of  any
 offense  which would require the seizure of firearms, shotguns or rifles
 from an individual so convicted, and the revocation of  any  license  or
 registration  issued  pursuant to article four hundred of the penal law,
 the judge pronouncing  sentence  shall  demand  surrender  of  any  such
 license or registration and all firearms, shotguns and rifles. The fail-
 ure  to so demand surrender shall not effect the validity of any revoca-
 tion pursuant to article four hundred of the penal law.
   § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
 as amended by chapter 1 of the laws of 2013,  are  amended  to  read  as
 follows:
   1.  [Suspension]  MANDATORY  AND  PERMISSIVE  SUSPENSION  of  firearms
 license and ineligibility for such a license  upon  the  issuance  of  a
 temporary  order of protection. Whenever a temporary order of protection
 is issued pursuant to section eight hundred twenty-eight of  this  arti-
 cle, or IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
 YORK,  BRONX AND WESTCHESTER, pursuant to article four, five, six, seven
 or ten of this act:
   (a) the court shall suspend any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
 where  the court receives information that gives the court good cause to
 believe that: (i) the respondent has a prior conviction of  any  violent
 felony  offense  as  defined in section 70.02 of the penal law; (ii) the
 respondent has previously been found to have willfully failed to obey  a
 prior  order  of  protection  and  such willful failure involved (A) the
 infliction of physical injury, as defined in subdivision nine of section
 10.00 of the penal law, (B) the use or threatened use of a deadly weapon
 or dangerous instrument as  those  terms  are  defined  in  subdivisions
 twelve  and  thirteen of section 10.00 of the penal law, or (C) behavior
 constituting any violent felony offense as defined in section  70.02  of
 the penal law; or (iii) the respondent has a prior conviction for stalk-
 ing  in  the first degree as defined in section 120.60 of the penal law,
 stalking in the second degree as defined in section 120.55 of the  penal
 law,  stalking  in  the third degree as defined in section 120.50 of the
 penal law or stalking in the fourth degree as defined in section  120.45
 of such law; and
   (b)  the  court  MAY  AND,  IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS,
 QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
 finds a substantial risk that the respondent may use or threaten to  use
 a  firearm unlawfully against the person or persons for whose protection
 the temporary order of protection is issued, suspend any  such  existing
 license possessed by the respondent, order the respondent ineligible for
 such  a license, and order the immediate surrender [pursuant to subpara-
 graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
 vision six of section 400.05 of the penal law,] of any or  all  firearms
 owned or possessed.
   2.  [Revocation]  MANDATORY AND PERMISSIVE REVOCATION or suspension of
 firearms license and ineligibility for such a license upon the  issuance
 of  an  order  of  protection. Whenever an order of protection is issued
 pursuant to section eight hundred forty-one of  this  part,  or  IN  THE

 S. 879                              3
 
 COUNTY  OF  SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR
 WESTCHESTER, pursuant to article four, five, six, seven or ten  of  this
 act:
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
 where the court finds that the conduct which resulted in the issuance of
 the  order of protection involved (i) the infliction of SERIOUS physical
 injury, as defined in subdivision [nine] TEN of  section  10.00  of  the
 penal  law, (ii) the use or threatened use of a deadly weapon or danger-
 ous instrument as those terms are defined  in  subdivisions  twelve  and
 thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
 ing  any violent felony offense as defined in section 70.02 of the penal
 law; and
   (b) the court MAY AND, IN THE  COUNTIES  OF  SUFFOLK,  NASSAU,  KINGS,
 QUEENS,  RICHMOND,  NEW  YORK,  BRONX  AND WESTCHESTER, shall, where the
 court finds a substantial risk that the respondent may use  or  threaten
 to  use  a  firearm  unlawfully  against the person or persons for whose
 protection the order of protection is issued, (i) revoke any such exist-
 ing license possessed by the respondent, order the respondent ineligible
 for such a license  and  order  the  immediate  surrender  [pursuant  to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision  six  of  section  400.05  of  the penal law,] of any or all
 firearms owned or possessed or (ii) suspend or continue to  suspend  any
 such  existing license possessed by the respondent, order the respondent
 ineligible for such a license, and order the immediate surrender [pursu-
 ant to subparagraph (f) of paragraph one of  subdivision  a  of  section
 265.20  and  subdivision six of section 400.05 of the penal law,] of any
 or all firearms owned or possessed.
   3. [Revocation] MANDATORY AND PERMISSIVE REVOCATION or  suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection or, IN  THE  COUNTY  OF
 SUFFOLK,  NASSAU,  KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHES-
 TER, temporary order of  protection.  Whenever  a  respondent  has  been
 found,  pursuant  to  section  eight hundred forty-six-a of this part to
 have willfully failed to obey an order of protection or temporary  order
 of  protection  issued  [pursuant  to this act or the domestic relations
 law, or] by this court or by a court of competent jurisdiction in anoth-
 er state, territorial or tribal jurisdiction, in addition to  any  other
 remedies available pursuant to section eight hundred forty-six-a of this
 part:
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
 where the willful failure to obey such order involves (i) the infliction
 of  SERIOUS  physical  injury,  as  defined in subdivision [nine] TEN of
 section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
 deadly  weapon  or  dangerous  instrument  as those terms are defined in
 subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
 (iii)  behavior  constituting  any  violent felony offense as defined in
 section 70.02 of the penal law; or (iv) behavior  constituting  stalking
 in  the  first  degree  as  defined  in section 120.60 of the penal law,

 S. 879                              4
 
 stalking in the second degree as defined in section 120.55 of the  penal
 law,  stalking  in  the third degree as defined in section 120.50 of the
 penal law or stalking in the fourth degree as defined in section  120.45
 of such law; and
   (b)  the  court  MAY  AND,  IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS,
 QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
 finds a substantial risk that the respondent may use or threaten to  use
 a  firearm unlawfully against the person or persons for whose protection
 the order of protection was issued, (i) revoke any such existing license
 possessed by the respondent, order the respondent ineligible for such  a
 license,  whether  or  not  the respondent possesses such a license, and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the penal law,] of any or all firearms owned or possessed or
 (ii) suspend any such existing  license  possessed  by  the  respondent,
 order  the respondent ineligible for such a license, and order the imme-
 diate surrender of any or all firearms owned or possessed.
   § 4. Section 846-a of the family court act, as amended by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 846-a. Powers on failure to obey order. If a respondent  is  brought
 before  the court for failure to obey any lawful order issued under this
 article or an order of protection or, IN THE COUNTY OF SUFFOLK,  NASSAU,
 KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, temporary order
 of  protection  issued  [pursuant  to  this act or issued] by a court of
 competent jurisdiction of another state, territorial or tribal jurisdic-
 tion and if, after hearing, the court is satisfied  by  competent  proof
 that  the  respondent  has  willfully failed to obey any such order, the
 court may modify an existing order or, IN THE COUNTY OF SUFFOLK, NASSAU,
 KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, temporary order
 of protection to add reasonable conditions of behavior to  the  existing
 order,  make  a new order of protection in accordance with section eight
 hundred forty-two of this part, may order the forfeiture of  bail  in  a
 manner consistent with article five hundred forty of the criminal proce-
 dure  law  if  bail has been ordered pursuant to this act, may order the
 respondent to pay the petitioner's reasonable and necessary counsel fees
 in connection with the violation petition where the court finds that the
 violation of its order was willful, and may  commit  the  respondent  to
 jail  for a term not to exceed six months. Such commitment may be served
 upon certain specified days or parts of days as the  court  may  direct,
 and  the court may, at any time within the term of such sentence, revoke
 such suspension and commit the  respondent  for  the  remainder  of  the
 original  sentence,  or  suspend  the remainder of such sentence. If the
 court determines that the willful failure to obey  such  order  involves
 violent behavior constituting the crimes of menacing, reckless endanger-
 ment,  assault or attempted assault and if such a respondent is licensed
 to carry, possess, repair and dispose of firearms  pursuant  to  section
 400.00  of  the  penal  law,  the court may also immediately revoke such
 license and may arrange for the immediate surrender [pursuant to subpar-
 agraph (f) of paragraph one of  subdivision  a  of  section  265.20  and
 subdivision six of section 400.05 of the penal law,] and disposal of any
 firearm  such  respondent  owns  or possesses. If the willful failure to
 obey such order involves the infliction of SERIOUS  physical  injury  as
 defined  in  subdivision [nine] TEN of section 10.00 of the penal law or
 the use or threatened use of a deadly weapon or dangerous instrument, as
 those terms are defined in subdivisions twelve and thirteen  of  section
 10.00  of the penal law, such revocation and immediate surrender [pursu-

 S. 879                              5

 ant to subparagraph (f) of paragraph one of  subdivision  a  of  section
 265.20  and  subdivision six of section 400.05 of the penal law six] and
 disposal of any firearm owned or possessed by respondent shall be manda-
 tory, pursuant to subdivision eleven of section 400.00 of the penal law.
   §  5.  Section 446-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 446-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.    [Upon] IN THE COUNTIES OF SUFFOLK,
 NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX AND  WESTCHESTER,  UPON
 the issuance of an order of protection or temporary order of protection,
 or  upon a violation of such order, the court shall make a determination
 regarding the suspension and revocation of a license to carry,  possess,
 repair  or  dispose  of  a firearm or firearms, ineligibility for such a
 license and the surrender of firearms in accordance with  section  eight
 hundred forty-two-a of this act.
   § 6. Section 552 of the family court act, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
   §  552.  Firearms;  surrender  and  license suspension, revocation and
 ineligibility; CERTAIN COUNTIES. [Upon]  IN  THE  COUNTIES  OF  SUFFOLK,
 NASSAU,  KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, UPON
 the issuance of an order of protection or temporary order of protection,
 or upon a violation of such order, the court shall make a  determination
 regarding  the suspension and revocation of a license to carry, possess,
 repair or dispose of a firearm or firearms,  ineligibility  for  such  a
 license  and  the surrender of firearms in accordance with section eight
 hundred forty-two-a of this act.
   § 7. Section 656-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:
   §  656-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN COUNTIES. [Upon]  IN  THE  COUNTIES  OF  SUFFOLK,
 NASSAU,  KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, UPON
 the issuance of an order of protection or temporary order of protection,
 or upon a violation of such order, the court shall make a  determination
 regarding  the suspension and revocation of a license to carry, possess,
 repair or dispose of a firearm or firearms,  ineligibility  for  such  a
 license  and  the surrender of firearms in accordance with section eight
 hundred forty-two-a of this act.
   § 8. Section 780-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:
   §  780-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN COUNTIES. [Upon]  IN  THE  COUNTIES  OF  SUFFOLK,
 NASSAU,  KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, UPON
 the issuance of an order of protection or temporary order of protection,
 or upon a violation of such order, the court shall make a  determination
 regarding  the suspension and revocation of a license to carry, possess,
 repair or dispose of a firearm or firearms,  ineligibility  for  such  a
 license  and  the surrender of firearms in accordance with section eight
 hundred forty-two-a of this act.
   § 9. Section 1056-a of the family court act, as added by chapter 1  of
 the laws of 2013, is amended to read as follows:
   §  1056-a.  Firearms; surrender and license suspension, revocation and
 ineligibility; CERTAIN COUNTIES. [Upon]  IN  THE  COUNTIES  OF  SUFFOLK,
 NASSAU,  KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, UPON
 the issuance of an order of protection or temporary order of protection,
 or upon a violation of such order, the court  shall  make  an  order  in
 accordance with section eight hundred forty-two-a of this act.

 S. 879                              6
 
   §  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
 relations law, as amended by chapter 1 of the laws of 2013,  is  amended
 to read as follows:
   h.  Upon  issuance  of  an  order  of protection or temporary order of
 protection or upon a violation of such order, the court MAY AND, IN  THE
 COUNTIES  OF  SUFFOLK,  NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX
 AND WESTCHESTER, shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with sections eight  hundred  forty-two-a  and
 eight  hundred  forty-six-a of the family court act, as applicable. Upon
 issuance of an order of protection pursuant to this section  or  upon  a
 finding  of  a  violation  thereof, the court also may direct payment of
 restitution in an amount not to exceed ten thousand dollars  in  accord-
 ance  with  subdivision  (e)  of section eight hundred forty-one of such
 act; provided, however, that in no case shall an order of restitution be
 issued where the court determines that the party against whom the  order
 would  be issued has already compensated the injured party or where such
 compensation is incorporated in a final judgment or  settlement  of  the
 action.
   §  11.  Subdivision 9 of section 252 of the domestic relations law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   9. Upon issuance of an order  of  protection  or  temporary  order  of
 protection  or upon a violation of such order, the court MAY AND, IN THE
 COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND,  NEW  YORK,  BRONX
 AND WESTCHESTER, shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of  firearms  in  accordance with sections eight hundred forty-two-a and
 eight hundred forty-six-a of the family court act, as  applicable.  Upon
 issuance  of  an  order of protection pursuant to this section or upon a
 finding of a violation thereof, the court also  may  direct  payment  of
 restitution  in  an amount not to exceed ten thousand dollars in accord-
 ance with subdivision (e) of section eight  hundred  forty-one  of  such
 act; provided, however, that in no case shall an order of restitution be
 issued  where the court determines that the party against whom the order
 would be issued has already compensated the injured party or where  such
 compensation  is  incorporated  in a final judgment or settlement of the
 action.
   § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Suspension]  MANDATORY  AND PERMISSIVE SUSPENSION of firearms license
 and ineligibility for such a license upon issuance of temporary order of
 protection. Whenever a temporary order of protection is issued  pursuant
 to  subdivision  one  of  section  530.12  or subdivision one of section
 530.13 of this article:
   (b) the court MAY AND, IN THE  COUNTIES  OF  SUFFOLK,  NASSAU,  KINGS,
 QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
 finds a substantial risk that the defendant may use or threaten to use a
 firearm  unlawfully  against  the person or persons for whose protection
 the temporary order of protection is issued, suspend any  such  existing
 license  possessed  by the defendant, order the defendant ineligible for
 such a license and order the immediate surrender [pursuant  to  subpara-
 graph (f) of paragraph one of subdivision a of section 265.20 and subdi-

 S. 879                              7

 vision  six  of section 400.05 of the penal law,] of any or all firearms
 owned or possessed.
   §  13.  The  opening  paragraph  and paragraph (b) of subdivision 2 of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Revocation] MANDATORY AND  PERMISSIVE  REVOCATION  or  suspension  of
 firearms  license  and ineligibility for such a license upon issuance of
 an order of protection. Whenever an order of protection is issued pursu-
 ant to subdivision five of section 530.12 or subdivision four of section
 530.13 of this article:
   (b) the court MAY AND, IN THE  COUNTIES  OF  SUFFOLK,  NASSAU,  KINGS,
 QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
 finds a substantial risk that the defendant may use or threaten to use a
 firearm  unlawfully  against  the person or persons for whose protection
 the order of protection is issued, (i) revoke any such existing  license
 possessed  by  the  defendant, order the defendant ineligible for such a
 license and order the immediate surrender of any or all  firearms  owned
 or  possessed  or  (ii) suspend or continue to suspend any such existing
 license possessed by the defendant, order the defendant  ineligible  for
 such  a  license and order the immediate surrender [pursuant to subpara-
 graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
 vision six of section 400.05 of the penal law,] of any or  all  firearms
 owned or possessed.
   §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Revocation] MANDATORY AND  PERMISSIVE  REVOCATION  or  suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection. Whenever  a  defendant
 has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
 subdivision eight of section 530.13 of this article  to  have  willfully
 failed  to  obey  an  order of protection issued by a court of competent
 jurisdiction in this state  or  another  state,  territorial  or  tribal
 jurisdiction,  in  addition  to any other remedies available pursuant to
 subdivision eleven of section 530.12 or  subdivision  eight  of  section
 530.13 of this article:
   (b)  the  court  MAY  AND,  IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS,
 QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
 finds a substantial risk that the defendant may use or threaten to use a
 firearm unlawfully against the person or persons  for  whose  protection
 the order of protection was issued, (i) revoke any such existing license
 possessed  by  the  defendant, order the defendant ineligible for such a
 license and order the immediate surrender [pursuant to subparagraph  (f)
 of  paragraph one of subdivision a of section 265.20 and subdivision six
 of section 400.05 of the penal law,] of any or  all  firearms  owned  or
 possessed  or  (ii)  suspend  any such existing license possessed by the
 defendant, order the defendant ineligible for such a license  and  order
 the  immediate  surrender [pursuant to subparagraph (f) of paragraph one
 of subdivision a of section 265.20 and subdivision six of section 400.05
 of the penal law,] of any or all firearms owned or possessed.
   § 15. The article heading of article 39-DDD of  the  general  business
 law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
 follows:
         PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
                            IN CERTAIN COUNTIES

 S. 879                              8
 
   § 16. Subdivision 1 of section 898 of the  general  business  law,  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   1. In addition to any other requirements pursuant to state and federal
 law,  all sales, exchanges or disposals of firearms, rifles or shotguns,
 IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND,  NEW  YORK,
 BRONX  AND  WESTCHESTER,  shall  be  conducted  in  accordance with this
 section unless such  sale,  exchange  or  disposal  is  conducted  by  a
 licensed  importer,  licensed  manufacturer or licensed dealer, as those
 terms are defined in 18 USC § 922, when such sale, exchange or  disposal
 is  conducted pursuant to that person's federal firearms license or such
 sale, exchange or disposal is between members of  an  immediate  family.
 For  purposes  of  this  section, "immediate family" shall mean spouses,
 domestic partners, children and step-children.
   § 17. Paragraph (q) of subdivision 2 of section 212 of  the  judiciary
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (q) Adopt rules to  require  transmission,  to  the  criminal  justice
 information  services division of the federal bureau of investigation or
 to the division of criminal justice services,  of  the  name  and  other
 identifying  information of each person who has a guardian appointed for
 him or her pursuant to any provision of state law, based on  a  determi-
 nation  that  as  a  result  of  marked  subnormal  intelligence, mental
 illness, incapacity, condition or disease, he or she  lacks  the  mental
 capacity to contract or manage his or her own affairs. Any such records,
 RELATING  TO  PERSONS  RESIDING IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,
 QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER,  transmitted  directly
 to  the  federal bureau of investigation must also be transmitted to the
 division of criminal justice services[, and any records received by  the
 division  of criminal justice services pursuant to this paragraph may be
 checked against the statewide license and record database].
   § 18. Subdivision (j) of section 7.09 of the mental  hygiene  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (j)  (1)  The commissioner, in cooperation with other applicable state
 agencies, shall collect, retain or modify data  or  records,  and  shall
 transmit  such  data or records: (i) to the division of criminal justice
 services, or to the criminal justice information  services  division  of
 the  federal  bureau of investigation, for the purposes of responding to
 queries to the national instant criminal background check system regard-
 ing attempts to purchase or otherwise take possession  of  firearms,  as
 defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
 or regulations, or (ii) FOR PERSONS RESIDING IN THE COUNTY  OF  SUFFOLK,
 NASSAU,  KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, to the
 division of criminal justice services, which may re-disclose  such  data
 and  records  only  for determining whether a license issued pursuant to
 section 400.00 of the penal law should be denied, suspended or  revoked,
 under  subdivision  eleven of such section, or for determining whether a
 person is no longer permitted under federal or state law  to  possess  a
 firearm.  Such  records,  which  may  not be used for any other purpose,
 shall include only names and other non-clinical identifying  information
 of  persons who have been involuntarily committed to a hospital pursuant
 to article nine of this chapter, [or section four hundred two or  subdi-
 vision  two  of  section  five  hundred eight of the correction law,] or
 article seven hundred thirty or section 330.20 of the criminal procedure
 law or sections 322.2 or 353.4 of the family court act, or to  a  secure
 treatment facility pursuant to article ten of this chapter.

 S. 879                              9
 
   (2)  The  commissioner  shall  establish  within  the office of mental
 health an administrative process to permit a person who has been or  may
 be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
 922(4)(d) or who has been or may be disqualified from continuing to have
 a  license  to  carry,  possess,  repair,  or dispose of a firearm under
 section 400.00 of the penal law because such person, WHO RESIDES IN  THE
 COUNTY  OF  SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR
 WESTCHESTER, was involuntarily committed or civilly confined to a facil-
 ity under the jurisdiction of the commissioner, to petition  for  relief
 from  that disability where such person's record and reputation are such
 that such person will not be likely to act  in  a  manner  dangerous  to
 public safety and where the granting of the relief would not be contrary
 to  public  safety.  The  commissioner  shall  promulgate regulations to
 establish the relief from disabilities program, which shall include, but
 not be limited to, provisions providing for: (i) an  opportunity  for  a
 disqualified person to petition for relief in writing; (ii) the authori-
 ty  for  the  agency  to  require that the petitioner undergo a clinical
 evaluation and risk assessment; and (iii) a requirement that the  agency
 issue a decision in writing explaining the reasons for a denial or grant
 of  relief. The denial of a petition for relief from disabilities may be
 reviewed de novo pursuant to the proceedings under article seventy-eight
 of the civil practice law and rules.
   § 19. Subdivision (b) of section 9.46 of the mental  hygiene  law,  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
 health professional currently providing treatment services to a  person,
 WHO  RESIDES  IN THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND,
 NEW YORK, BRONX OR WESTCHESTER, determines, in the exercise  of  reason-
 able  professional  judgment,  that  such  person is likely to engage in
 conduct that would result in serious harm to self or others, he  or  she
 shall  be required to report, as soon as practicable, to the director of
 community services, or the director's designee, who shall report to  the
 division of criminal justice services whenever he or she agrees that the
 person  is  likely to engage in such conduct. Information transmitted to
 the division of criminal justice services shall be limited to names  and
 other  non-clinical  identifying information, which may only be used for
 determining whether a license issued pursuant to section 400.00  of  the
 penal  law  should be suspended or revoked, or for determining whether a
 person is ineligible for a license issued pursuant to section 400.00  of
 the  penal  law, or is no longer permitted under state or federal law to
 possess a firearm.
   § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   22. "Assault weapon" means
   (a) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION, A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT  A  DETACHABLE
 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
 THE WEAPON;
   (C) A BAYONET MOUNT;
   (D) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED  TO  ACCOMMODATE  A
 FLASH SUPPRESSOR;
   (E) A GRENADE LAUNCHER; OR
   (II)  A  SEMIAUTOMATIC  SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
 CHARACTERISTICS:

 S. 879                             10
 
   (A) A FOLDING OR TELESCOPING STOCK;
   (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
 THE WEAPON;
   (C) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   (D) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   (III) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHA-
 BLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A)  AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
 PISTOL GRIP;
   (B) A THREADED BARREL CAPABLE OF ACCEPTING A  BARREL  EXTENDER,  FLASH
 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   (C)  A  SHROUD  THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE  FIREARM  WITH
 THE NONTRIGGER HAND WITHOUT BEING BURNED;
   (D)  A  MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
 UNLOADED;
   (E) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
 OR
   (IV) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR  RECEIVERS  OF  SUCH
 WEAPONS,  OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
 AS:
   (A) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
 MODELS);
   (B) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
   (C) BERETTA AR70 (SC-70);
   (D) COLT AR-15;
   (E) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
   (F) SWD M-10, M-11, M-11/9, AND M-12;
   (G) STEYR AUG;
   (H) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   (I) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR  TO)  THE  STREET
 SWEEPER AND STRIKER 12;
   (V) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: (A) ANY RIFLE,
 SHOTGUN  OR PISTOL THAT (I) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR
 SLIDE ACTION; (II) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (III) IS
 AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);
   (B) A SEMIAUTOMATIC RIFLE THAT CANNOT  ACCEPT  A  DETACHABLE  MAGAZINE
 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
   (C)  A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS OF
 AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
   (D) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A  DUPLICATE  THEREOF,
 SPECIFIED  IN  APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE.  THE  MERE
 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
 PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF  THIS  SUBDIVI-
 SION  LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
 NINETY-FOUR.
   (B)  (I) IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS,  RICHMOND,
 NEW YORK, BRONX AND WESTCHESTER, a semiautomatic rifle that has an abil-
 ity  to accept a detachable magazine and has at least one of the follow-
 ing characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a pistol grip  that  protrudes  conspicuously  beneath  the
 action of the weapon;

 S. 879                             11

   [(iii)] (C) a thumbhole stock;
   [(iv)]  (D) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(v)] (E) a bayonet mount;
   [(vi)] (F) a flash suppressor, muzzle break,  muzzle  compensator,  or
 threaded  barrel  designed  to  accommodate  a  flash suppressor, muzzle
 break, or muzzle compensator;
   [(vii)] (G) a grenade launcher; or
   [(b)] (II) a semiautomatic shotgun  that  has  at  least  one  of  the
 following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
   [(v)] (E) an ability to accept a detachable magazine; or
   [(c)]  (III)  a  semiautomatic  pistol that has an ability to accept a
 detachable magazine and has at least one  of  the  following  character-
 istics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)]  (D) capacity to accept an ammunition magazine that attaches to
 the pistol outside of the pistol grip;
   [(v)] (E) a threaded barrel capable of accepting  a  barrel  extender,
 flash suppressor, forward handgrip, or silencer;
   [(vi)]  (F)  a  shroud that is attached to, or partially or completely
 encircles, the barrel and that permits the shooter to hold  the  firearm
 with the non-trigger hand without being burned;
   [(vii)]  (G)  a  manufactured  weight of fifty ounces or more when the
 pistol is unloaded; or
   [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
 firearm;
   [(d)] (IV) a revolving cylinder shotgun;
   [(e)] (V) a semiautomatic rifle, a semiautomatic shotgun or a  semiau-
 tomatic pistol or weapon defined in subparagraph (v) of paragraph (e) of
 subdivision  twenty-two  of  section  265.00 of this chapter as added by
 chapter one hundred eighty-nine of the laws of two thousand  and  other-
 wise  lawfully  possessed  pursuant  to  such chapter of the laws of two
 thousand prior to September fourteenth, nineteen hundred ninety-four;
   [(f)] (VI) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
 tomatic pistol or weapon defined in paragraph (a), (b) or  (c)  of  this
 subdivision,  possessed prior to the date of enactment of the chapter of
 the laws of two thousand thirteen which added this paragraph;
   [(g)] (VII) provided, however, that such term does not include:
   [(i)] (A) any rifle, shotgun or pistol  that  [(A)]  (I)  is  manually
 operated  by  bolt,  pump,  lever  or  slide action; [(B)] (II) has been
 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
 defined in 18 U.S.C.  921(a)(16);
   [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
 zine that holds more than five rounds of ammunition;
   [(iii)] (C) a semiautomatic shotgun that cannot hold  more  than  five
 rounds of ammunition in a fixed or detachable magazine; or
   [(iv)]  (D)  a  rifle,  shotgun or pistol, or a replica or a duplicate
 thereof, specified in Appendix A to 18 U.S.C. 922  as  such  weapon  was

 S. 879                             12
 
 manufactured  on  October first, nineteen hundred ninety-three. The mere
 fact that a weapon is not listed in Appendix A shall not be construed to
 mean that such weapon is an assault weapon;
   [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
 sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
 subject to the provisions of [paragraph (h)] SUBPARAGRAPH (VIII) of this
 [subdivision] PARAGRAPH;
   [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
 least fifty years prior to the current date, but not including  replicas
 thereof  that is validly registered pursuant to subdivision sixteen-a of
 section 400.00 of this chapter;
   [(h)] (VIII) Any weapon defined in [paragraph (e) or (f)] SUBPARAGRAPH
 (V) OR (VI) of this [subdivision] PARAGRAPH and any large capacity ammu-
 nition feeding device that was legally possessed by an individual  prior
 to  the enactment of [the] chapter ONE of the laws of two thousand thir-
 teen which added this paragraph, may only be sold to, exchanged with  or
 disposed  of  to a purchaser authorized to possess such weapons or to an
 individual or entity outside of the state provided that any such  trans-
 fer  to an individual or entity outside of the state must be reported to
 the entity wherein the weapon is registered within seventy-two hours  of
 such  transfer.  An  individual  who  transfers any such weapon or large
 capacity ammunition device to an individual inside  New  York  state  or
 without  complying with the provisions of this paragraph shall be guilty
 of a class A misdemeanor unless such large capacity  ammunition  feeding
 device,  the possession of which is made illegal by [the] chapter ONE of
 the laws of two thousand thirteen which added this [paragraph]  SUBPARA-
 GRAPH,  is  transferred  within  one year of the effective date of [the]
 chapter ONE of the laws of two thousand thirteen which added this [para-
 graph] SUBPARAGRAPH.
   § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   23. "Large capacity ammunition feeding device" means a magazine, belt,
 drum, feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER  THIR-
 TIETH,  NINETEEN  HUNDRED  NINETY-FOUR, that [(a)] has a capacity of, or
 that can be readily restored or  converted  to  accept,  more  than  ten
 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
 tion,  or (c) is obtained after the effective date of the chapter of the
 laws of two thousand thirteen which amended this subdivision and  has  a
 capacity  of,  or  that  can be readily restored or converted to accept,
 more than seven rounds of ammunition]; provided, however, that such term
 does not include an attached tubular  device  designed  to  accept,  and
 capable  of  operating  only  with, .22 caliber rimfire ammunition [or a
 feeding device that is a curio or relic. A  feeding  device  that  is  a
 curio or relic is defined as a device that (i) was manufactured at least
 fifty  years  prior  to  the current date, (ii) is only capable of being
 used exclusively in a firearm, rifle, or shotgun that  was  manufactured
 at least fifty years prior to the current date, but not including repli-
 cas  thereof,  (iii) is possessed by an individual who is not prohibited
 by state or federal law from possessing a firearm and (iv) is registered
 with the division of state police pursuant to subdivision  sixteen-a  of
 section  400.00 of this chapter, except such feeding devices transferred
 into the state may be registered at any time, provided they  are  regis-
 tered within thirty days of their transfer into the state. Notwithstand-
 ing  paragraph (h) of subdivision twenty-two of this section, such feed-
 ing devices may be transferred provided  that  such  transfer  shall  be

 S. 879                             13

 subject  to  the  provisions of section 400.03 of this chapter including
 the check required to be conducted pursuant to such section].
   §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   24. "Seller of ammunition" means any person, firm, partnership, corpo-
 ration or company who engages in the business of purchasing, selling  or
 keeping  ammunition  IN  THE  COUNTY  OF SUFFOLK, NASSAU, KINGS, QUEENS,
 RICHMOND, NEW YORK, BRONX OR WESTCHESTER.
   § 23. The opening paragraph of section 265.01-b of the penal  law,  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   A person is guilty of criminal possession of a firearm when he or she,
 BEING  A RESIDENT OF THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICH-
 MOND, NEW YORK, BRONX OR WESTCHESTER:  (1) possesses any firearm or; (2)
 lawfully possesses a firearm prior to the effective date of [the]  chap-
 ter  ONE  of  the laws of two thousand thirteen which added this section
 subject to the registration requirements  of  subdivision  sixteen-a  of
 section  400.00  of  this  chapter  and knowingly fails to register such
 firearm pursuant to such subdivision.
   § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20  of  the
 penal  law, paragraph 3 as amended and paragraph 7-f as added by chapter
 1 of the laws of 2013, are amended to read as follows:
   3. Possession of a pistol or revolver by a person to  whom  a  license
 therefor  has  been issued as provided under section 400.00 or 400.01 of
 this chapter or possession, IN THE COUNTY  OF  SUFFOLK,  NASSAU,  KINGS,
 QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, of a weapon as defined
 in SUBPARAGRAPH (V) OR (VI) OF paragraph [(e) or (f)] (B) of subdivision
 twenty-two  of section 265.00 of this article which is registered pursu-
 ant to paragraph (a) of subdivision sixteen-a of section 400.00 of  this
 chapter  or is included on an amended license issued pursuant to section
 400.00 of this chapter. In the event such license is revoked, other than
 because such licensee is no longer permitted to possess a firearm, rifle
 or shotgun under federal or state law, information sufficient to satisfy
 the requirements of subdivision sixteen-a  of  section  400.00  of  this
 chapter,  shall  be transmitted by the licensing officer to the DIVISION
 OF state police, in a form as determined by the superintendent of  state
 police.  Such  transmission  shall constitute a valid registration under
 such section. Further provided, notwithstanding  any  other  section  of
 this  title,  a failure to register such weapon by an individual, IN THE
 COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK,  BRONX  OR
 WESTCHESTER,  who  possesses  such  weapon before the enactment of [the]
 chapter ONE of the laws of two  thousand  thirteen  which  amended  this
 paragraph  and  may so lawfully possess it thereafter upon registration,
 shall only be subject to punishment pursuant to paragraph (c) of  subdi-
 vision  sixteen-a of section 400.00 of this chapter; provided, that such
 a license or registration  shall  not  preclude  a  conviction  for  the
 offense  defined  in subdivision three of section 265.01 of this article
 or section 265.01-a of this article.
   7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
 device,  IN  THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
 YORK, BRONX OR WESTCHESTER, that contains  more  than  seven  rounds  of
 ammunition,  but  that  does  not  have  a capacity of or can readily be
 restored or converted to accept more than ten rounds of  ammunition,  at
 an  indoor  or  outdoor  firing range located in or on premises owned or
 occupied by a duly incorporated organization organized for  conservation
 purposes  or  to  foster  proficiency  in  arms; at an indoor or outdoor
 firing range for the purpose of firing a rifle or shotgun; at a collegi-

 S. 879                             14

 ate, olympic or target shooting competition under  the  auspices  of  or
 approved  by  the  national  rifle association; or at an organized match
 sanctioned by the International Handgun Metallic Silhouette Association.
   §  25.  The  opening  paragraph of section 265.36 of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   It shall be unlawful for a person, IN THE COUNTY OF  SUFFOLK,  NASSAU,
 KINGS,  QUEENS,  RICHMOND,  NEW YORK, BRONX OR WESTCHESTER, to knowingly
 possess a large capacity ammunition feeding device  manufactured  before
 September  thirteenth,  nineteen hundred ninety-four, and if such person
 lawfully possessed such large capacity feeding device before the  effec-
 tive  date  of  [the]  chapter  ONE of the laws of two thousand thirteen
 which added this section, that has a capacity of, or that can be readily
 restored or converted to accept, more than ten rounds of ammunition.
   § 26. The opening paragraph of section 265.37 of  the  penal  law,  as
 amended  by  section  2 of part FF of chapter 57 of the laws of 2013, is
 amended to read as follows:
   It shall be unlawful for a person to knowingly possess, IN THE  COUNTY
 OF  SUFFOLK,  NASSAU,  KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WEST-
 CHESTER, an ammunition feeding device where such  device  contains  more
 than seven rounds of ammunition.
   §  27.  The  opening  paragraph of section 265.45 of the penal law, as
 amended by section 3 of part FF of chapter 57 of the laws  of  2013,  is
 amended to read as follows:
   No  person,  RESIDING IN THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS,
 RICHMOND, NEW YORK, BRONX OR WESTCHESTER, who owns or is custodian of  a
 rifle, shotgun or firearm who resides with an individual who such person
 knows  or  has  reason  to  know is prohibited from possessing a firearm
 pursuant to 18 U.S.C. § 922(g) (1), (4),  (8)  or  (9)  shall  store  or
 otherwise leave such rifle, shotgun or firearm out of his or her immedi-
 ate  possession  or  control  without  having first securely locked such
 rifle, shotgun or firearm in an appropriate safe storage  depository  or
 rendered  it  incapable  of  being  fired by use of a gun locking device
 appropriate to that weapon. For purposes of this section  "safe  storage
 depository"  shall  mean  a  safe  or other secure container which, when
 locked, is incapable of being opened without  the  key,  combination  or
 other  unlocking  mechanism and is capable of preventing an unauthorized
 person from obtaining access to and possession of the  weapon  contained
 therein.  With  respect  to a person who is prohibited from possessing a
 firearm pursuant to 18 USC § 922(g)(9), for purposes  of  this  section,
 this  section  applies only if such person has been convicted of a crime
 included in subdivision one of section 370.15 of the criminal  procedure
 law  and  such  gun is possessed within five years from the later of the
 date of conviction or completion of sentence. Nothing  in  this  section
 shall  be deemed to affect, impair or supersede any special or local act
 relating to the safe storage  of  rifles,  shotguns  or  firearms  which
 impose  additional  requirements on the owner or custodian of such weap-
 ons.
   § 28. Subdivision 1 of section 400.00 of the penal law, as amended  by
 chapter 1 of the laws of 2013, is amended to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section  except  by  the licensing officer, and then only after investi-
 gation and finding that all statements in a  proper  application  for  a
 license  are  true.  No license shall be issued or renewed except for an
 applicant (a) twenty-one years of age or older, provided, however,  that
 where  such  applicant  has  been  honorably  discharged from the United
 States army, navy, marine corps,  air  force  or  coast  guard,  or  the

 S. 879                             15
 
 national  guard  of the state of New York, no such age restriction shall
 apply; (b) of good moral character;  (c)  who  has  not  been  convicted
 anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
 from  justice;  (e)  who  is  not an unlawful user of or addicted to any
 controlled substance as defined in section 21 U.S.C. 802; (f) who  being
 an alien (i) is not illegally or unlawfully in the United States or (ii)
 has  not  been  admitted  to the United States under a nonimmigrant visa
 subject to the exception in 18 U.S.C. 922(y)(2); (g) who  has  not  been
 discharged from the Armed Forces under dishonorable conditions; (h) who,
 having been a citizen of the United States, has not renounced his or her
 citizenship;  (i) who has stated whether he or she has ever suffered any
 mental illness; (j) who, BEING A RESIDENT  OF  THE  COUNTY  OF  SUFFOLK,
 NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, has not
 been  involuntarily committed to a facility under the jurisdiction of an
 office of the department of mental hygiene pursuant to article  nine  or
 fifteen  of  the  mental  hygiene  law,  article seven hundred thirty or
 section 330.20 of the criminal procedure law, section four  hundred  two
 or  five  hundred eight of the correction law, section 322.2 or 353.4 of
 the family court act, or has not  been  civilly  confined  in  a  secure
 treatment  facility  pursuant  to article ten of the mental hygiene law;
 (k) who has not had a license revoked or who is not under  a  suspension
 or  ineligibility  order  issued  pursuant  to the provisions of section
 530.14  of  the  criminal  procedure  law  or  section   eight   hundred
 forty-two-a  of  the family court act; (l) in the county of Westchester,
 who has successfully completed a firearms  safety  course  and  test  as
 evidenced  by  a certificate of completion issued in his or her name and
 endorsed and affirmed under the penalties of perjury by a  duly  author-
 ized  instructor,  except that: (i) persons who are honorably discharged
 from the United States army, navy, marine corps or coast  guard,  or  of
 the  national  guard  of  the state of New York, and produce evidence of
 official qualification in firearms during the term of  service  are  not
 required  to  have  completed  those  hours  of a firearms safety course
 pertaining to the safe use, carrying, possession, maintenance and  stor-
 age of a firearm; and (ii) persons who were licensed to possess a pistol
 or  revolver  prior  to  the  effective  date  of this paragraph are not
 required to have completed a firearms safety course and test;  (m)  who,
 BEING  A RESIDENT OF THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICH-
 MOND, NEW YORK, BRONX OR WESTCHESTER, has not had a  guardian  appointed
 for him or her pursuant to any provision of state law, based on a deter-
 mination  that  as  a  result  of  marked subnormal intelligence, mental
 illness, incapacity, condition or disease, he or she  lacks  the  mental
 capacity  to contract or manage his or her own affairs; and (n) concern-
 ing whom no good cause exists for the denial of the license.  No  person
 shall  engage  in  the business of gunsmith or dealer in firearms unless
 licensed pursuant to this section. An applicant to engage in such  busi-
 ness  shall also be a citizen of the United States, more than twenty-one
 years of age and maintain a place of business  in  the  city  or  county
 where  the  license  is issued. For such business, if the applicant is a
 firm or partnership, each member thereof shall comply with  all  of  the
 requirements  set  forth  in  this subdivision and if the applicant is a
 corporation, each officer thereof shall so comply.
   § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
 law, as amended by chapter 1 of the laws of 2013, are amended to read as
 follows:
   4.  Investigation.  Before a license is issued or renewed, there shall
 be an investigation of all statements required in the application by the

 S. 879                             16
 
 duly constituted police authorities of the locality where such  applica-
 tion  is  made[,  including  but  not  limited to such records as may be
 accessible 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 phys-
 ical descriptive data in quadruplicate of each individual  by  whom  the
 application  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 corpo-
 rate 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, Albany, within ten days after issuance 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  investigation,  the  police
 authority  shall  report  the  results  to the licensing officer without
 unnecessary delay.
   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  of  any  person  to whom an application for any
 license has been granted shall be a public record. Upon application by a
 licensee who has changed his place of residence such records or applica-
 tions shall be transferred to the appropriate officer at the  licensee's

 S. 879                             17
 
 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, Albany, within ten days after issuance of the license. The
 superintendent of state police may designate that such application shall
 be  transmitted  to  the division of state police electronically. In the
 event the superintendent of the division of state police 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,
 department 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 shall not be subject to disclosure
 pursuant to article six of the public officers law.]
   (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  ONE  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
 applicant to request an exception from his or her  application  informa-
 tion  becoming  public record pursuant to paragraph (a) of this subdivi-
 sion. 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  ONE  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 appli-
 cant  an  opportunity to specify 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

 S. 879                             18
 
   (E) the applicant is a spouse, domestic partner or household member of
 a person identified in this subparagraph or subparagraph  (ii)  of  this
 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 ONE 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
 paragraph (b) of this subdivision, may be released only if such individ-
 uals 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

 S. 879                             19
 
 of the civil  practice  [laws]  LAW  and  rules.  Such  proceeding  must
 commence within thirty days after service of the written notice contain-
 ing  the  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.
   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
 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,  WHO  RESIDE  IN THE COUNTY OF SUFFOLK, NASSAU OR
 WESTCHESTER, shall be recertified to the division of state police  every
 five  years thereafter. Any license TO SUCH A LICENSEE 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 DIVISION OF state police shall  send  a
 notice  to  all  SUCH  license  holders who have not recertified by such
 time. Such recertification shall be in a form as approved by the  super-
 intendent  of  state  police,  which  shall request the license holder's

 S. 879                             20

 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. The form may be in an elec-
 tronic 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] DIVISION OF state police [discover] DISCOVERS as a result  of
 the  recertification  process that a licensee failed to provide a change
 of address, the [New York] DIVISION OF state police  shall  not  require
 the licensing officer to revoke such license.
   11. License: revocation and suspension. (a) The conviction of a licen-
 see  anywhere  of a felony or serious offense [or a licensee at any time
 becoming ineligible to obtain a license under this section] shall  oper-
 ate  as  a  revocation  of  the  license.  A  license  may be revoked or
 suspended as provided for in section 530.14 of  the  criminal  procedure
 law or section eight hundred forty-two-a of the family court act. Except
 for  a  license  issued  pursuant  to  section 400.01 of this article, a
 license may be revoked and cancelled at any time  in  the  city  of  New
 York,  and in the counties of Nassau and Suffolk, by the licensing offi-
 cer, and elsewhere than in the city of New York by any judge or  justice
 of  a  court  of  record; a license issued pursuant to section 400.01 of
 this article may be revoked and cancelled at any time by  the  licensing
 officer  or  any  judge  or  justice  of a court of record. The official
 revoking a license shall give written notice thereof without unnecessary
 delay to the executive department, division of state police, Albany, and
 shall also notify immediately the duly constituted police authorities of
 the locality.
   (b) Whenever the director of  community  services  IN  THE  COUNTY  OF
 SUFFOLK,  NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHES-
 TER, or his or her designee makes a report pursuant to section  9.46  of
 the  mental hygiene law, the division of criminal justice services shall
 convey such information, whenever it determines that the person named in
 the report possesses a license issued pursuant to this section,  to  the
 appropriate  licensing  official, who shall issue an order suspending or
 revoking such license.
   (c) In any instance in  which  a  person's  license  is  suspended  or
 revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
 shall surrender such license to the appropriate licensing  official  and
 any  and  all  firearms,  rifles, or shotguns owned or possessed by such
 person shall be surrendered to an appropriate law enforcement agency  as
 provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
 section 265.20 of this chapter. In  the  event  such  license,  firearm,
 shotgun,  or  rifle  is not surrendered, such items shall be removed and
 declared a nuisance and any  police  officer  or  peace  officer  acting
 pursuant  to  his  or her special duties is authorized to remove any and
 all such weapons.
   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

 S. 879                             21
 
 under  this  section  to  carry  or 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 veri-
 fy  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 possess, or the shield  or  other
 number,  if  any, assignment and department, unit or agency, 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 electronic form if the super-
 intendent determines that such dealer is incapable 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 established 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 main-
 tained 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.
   § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
 the laws of 2013, is amended to read as follows:
   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, WHO
 RESIDES IN THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS,  RICHMOND,  NEW
 YORK,  BRONX  OR WESTCHESTER, 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, in the manner provided  by  the
 superintendent, 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 registered at any time,  provided  such  weapons  are  registered
 within thirty days of their transfer into the state. Registration infor-
 mation 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  IN  THE  COUNTY  OF  SUFFOLK,
 NASSAU,  KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, of any
 weapon defined under subparagraph (vi) of paragraph (g)  of  subdivision
 twenty-two of section 265.00 or a feeding device as defined under subdi-
 vision twenty-three of section 265.00 of this chapter shall be transfer-
 able,  provided  that  the  seller notifies the DIVISION OF state police
 within seventy-two hours of the transfer  and  the  buyer  provides  the

 S. 879                             22
 
 DIVISION  OF  state  police  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 superintendent shall
 determine whether  such  registrant  is  prohibited  from  possessing  a
 firearm  under  state  or  federal  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 subdi-
 vision sixteen-b 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] SUCH
 registrants shall recertify to the division of state police  every  five
 years  thereafter.  Failure to recertify shall result in a revocation of
 such registration.
   (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
 this  subdivision,  an  owner,  WHO  RESIDES  IN  THE COUNTY OF SUFFOLK,
 NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER,  of  an
 assault weapon as defined in subdivision twenty-two of section 265.00 of
 this  chapter,  who  is  a  qualified  retired  New  York or federal law
 enforcement officer as defined in  subdivision  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  offi-
 cial duties, and for which such officer was qualified by the agency that
 employed  such  officer within twelve months prior to his or her retire-
 ment, must register such weapon within sixty days of retirement.
   (b) The superintendent of state police shall create  and  maintain  an
 internet  website  to  educate  the  public, WHO RESIDE IN THE COUNTY OF
 SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX  OR  WESTCHES-
 TER, as to which semiautomatic rifle, semiautomatic shotgun or semiauto-
 matic  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] SUCH 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 RESIDES IN THE COUNTY  OF  SUFFOLK,  NASSAU,  KINGS,
 QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, 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 thou-
 sand thirteen which added this paragraph 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 thir-
 ty  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 enforce-
 ment authority and declared a nuisance.
   § 31. Section 400.02 of the penal law is REPEALED.
   §  32.  Section  400.03 of the penal law, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
 § 400.03 Sellers of ammunition.
   1. A seller of ammunition as defined  in  subdivision  twenty-four  of
 section  265.00 of this chapter DOING BUSINESS IN THE COUNTY OF SUFFOLK,
 NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR  WESTCHESTER,  shall
 register with the superintendent of state police in a manner provided by

 S. 879                             23
 
 the  superintendent.  Any  dealer  in  firearms that is validly licensed
 pursuant to section 400.00 of this article  shall  not  be  required  to
 complete such registration.
   2.  Any  seller  of ammunition or dealer in firearms DOING BUSINESS IN
 THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK,  BRONX
 OR  WESTCHESTER,  shall  keep  a  record book approved as to form by the
 superintendent of state police. In the record book shall be  entered  at
 the  time of every transaction involving ammunition the date, name, age,
 occupation and residence of any person from whom ammunition is  received
 or to whom ammunition is delivered, and the amount, calibre, manufactur-
 er's name and serial number, or if none, any other distinguishing number
 or  identification  mark  on  such  ammunition. 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 offi-
 cer, acting pursuant to his or her special duties,  or  police  officer.
 Any record produced pursuant to this section and any transmission there-
 of  to any government agency shall not be considered a public record for
 purposes of article six of the public officers law.
   3. [No later than thirty days after the superintendent  of  the  state
 police  certifies  that the statewide license and record database estab-
 lished pursuant to section 400.02 of this article is operational for the
 purposes of this section, a] A dealer in firearms licensed  pursuant  to
 section  400.00  of  this  article, a seller of ammunition as defined in
 subdivision twenty-four of section 265.00 of this chapter DOING BUSINESS
 IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,  QUEENS,  RICHMOND,  NEW  YORK,
 BRONX  OR  WESTCHESTER,  shall  not transfer any ammunition to any other
 person who is not a dealer in firearms as defined in subdivision nine of
 such section 265.00 or a seller of ammunition as defined in  subdivision
 twenty-four of section 265.00 of this chapter, unless:
   (a)  before  the  completion  of  the transfer, the licensee or seller
 contacts the [statewide license and record database]  SUPERINTENDENT  OF
 STATE POLICE and provides the [database] SUPERINTENDENT with information
 sufficient to identify such dealer or seller, transferee based on infor-
 mation  on  the transferee's identification document as defined in para-
 graph (c) of this subdivision, as well as the amount, calibre,  manufac-
 turer's name and serial number, if any, of such ammunition;
   (b) the [system] SUPERINTENDENT provides the licensee or seller with a
 unique identification number; and
   (c)  the  transferor  has  verified  the identity of the transferee by
 examining a valid state identification document of the transferee issued
 by the department of motor vehicles or if the transferee is not a  resi-
 dent of the state of New York, a valid identification document issued by
 the  transferee's  state or country of residence containing a photograph
 of the transferee.
   4. If the [database] SUPERINTENDENT OF STATE  POLICE  determines  that
 the  purchaser  of ammunition is eligible to possess ammunition pursuant
 to state and federal laws, [the system] HE OR SHE shall:
   (a) assign a unique identification number to the transfer; and
   (b) provide the licensee or seller with the number.
   5. If the [statewide license and record  database]  SUPERINTENDENT  OF
 STATE POLICE notifies the licensee or seller that the information avail-
 able  [to the database] does not demonstrate that the receipt of ammuni-
 tion by such other person would violate 18 U.S.C. 922(g) or  state  law,
 and the licensee transfers ammunition to such other person, the licensee
 shall  indicate  to  the [database] SUPERINTENDENT that such transaction
 has been completed at which point a record of such transaction shall  be

 S. 879                             24
 
 created  which  shall  be accessible by the division of state police and
 maintained for no longer than one year from point  of  purchase[,  which
 shall  not  be  incorporated  into  the database established pursuant to
 section  400.02  of this article or the registry established pursuant to
 subdivision sixteen-a of section 400.00 of this article].  The  division
 of  state police may share such information with a local law enforcement
 agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
 establish  probable  cause to believe that the purchaser has committed a
 crime absent other information tending to  prove  the  commission  of  a
 crime.  Records assembled or accessed pursuant to this section shall not
 be subject to disclosure pursuant to article six of the public  officers
 law.  This  requirement  of  this section shall not apply (i) if a back-
 ground check cannot be completed because the system is  not  operational
 as  determined by the superintendent of state police, or where it cannot
 be accessed by the practitioner due  to  a  temporary  technological  or
 electrical  failure,  as  set  forth  in regulation, or (ii) a dealer or
 seller has been granted a waiver from conducting such  background  check
 if  the  superintendent  of  state police determines that such dealer is
 incapable of such check 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 such superintendent.
   6.  If  the  superintendent  of state police certifies that background
 checks of ammunition purchasers IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,
 QUEENS, RICHMOND, NEW  YORK,  BRONX  OR  WESTCHESTER  may  be  conducted
 through  the  national  instant criminal background check system, use of
 that system by a dealer or seller shall be sufficient to satisfy  subdi-
 visions four and five of this section and such checks shall be conducted
 through such system, provided that a record of such transaction shall be
 forwarded  to  the  state police in a form determined by the superinten-
 dent.
   7. No commercial transfer of ammunition shall take place IN THE COUNTY
 OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK,  BRONX  OR  WEST-
 CHESTER  unless  a  licensed  dealer in firearms or registered seller of
 ammunition acts as an intermediary between the transferor and the  ulti-
 mate  transferee  of  the  ammunition for the purposes of contacting the
 statewide license and record database pursuant  to  this  section.  Such
 transfer  between  the  dealer  or  seller, and transferee must occur in
 person.
   8. A seller of ammunition who  fails  to  register  pursuant  to  this
 section  and sells ammunition, for a first offense, shall be guilty of a
 violation and subject to the fine of one  thousand  dollars  and  for  a
 second offense, shall be guilty of a class A misdemeanor.
   A seller of ammunition that fails to keep any record required pursuant
 to  this section, for a first offense shall be guilty of a violation and
 subject to a fine of five hundred dollars,  and  for  a  second  offense
 shall  be  guilty of a class B misdemeanor, and the registration of such
 seller shall be revoked.
   § 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
 400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
 are amended to read as follows:
   (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
 on;  (ii) IN THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
 YORK, BRONX OR WESTCHESTER, ammunition as well as a  firearm,  rifle  or
 shotgun  who  suffers  the loss or theft of such ammunition as well as a

 S. 879                             25
 
 firearm, rifle or shotgun; or (iii) IN THE COUNTY  OF  SUFFOLK,  NASSAU,
 KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, ammunition and
 is a dealer in firearms or seller of ammunition who suffers the loss  or
 theft of such ammunition shall within twenty-four hours of the discovery
 of  the  loss or theft report the facts and circumstances of the loss or
 theft to a police department or sheriff's office.
   3. Notwithstanding any other provision of law, a  violation  of  para-
 graph  (a) of subdivision one of this section shall be [a class A misde-
 meanor] PUNISHABLE ONLY BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
   § 34. Section 2509 of the surrogate's court procedure act, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
 § 2509. Firearms inventory
   Whenever, by regulation, rule or statute, a fiduciary or  attorney  of
 record  IN  THE  COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
 YORK, BRONX OR WESTCHESTER must file a list  of  assets  constituting  a
 decedent's  estate,  such list must include a particularized description
 of every firearm, shotgun and  rifle,  as  such  terms  are  defined  in
 section 265.00 of the penal law, that are part of such estate. Such list
 must  be  filed  with  the  surrogate's court in the county in which the
 estate proceeding, if any, is pending and a copy must be filed with  the
 division of criminal justice services.
   § 35. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  879--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  ORTT,  AKSHAR, BONACIC, FUNKE, GALLIVAN, HELMING,
   MARCHIONE, RITCHIE, SEWARD, TEDISCO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee

 AN ACT to amend the criminal procedure law, the family  court  act,  the
   domestic  relations  law, the general business law, the judiciary law,
   the mental hygiene law, the penal law and the surrogate's court proce-
   dure  act,  in  relation  to  limiting  the  application  of   certain
   provisions  of  law  relating  to  firearms  to the counties of Kings,
   Queens, Richmond, New York and Bronx; and to repeal section 400.02  of
   the penal law relating to the statewide license and record database
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
   2-a.  Firearm,  rifle  or shotgun surrender order IN CERTAIN COUNTIES.
 [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK  AND  BRONX,
 UPON  entry  of a verdict of not responsible by reason of mental disease
 or defect, or upon the acceptance of a plea of not responsible by reason
 of mental disease or defect, or upon a finding that the defendant is  an
 incapacitated  person  pursuant  to article seven hundred thirty of this
 chapter, the court shall revoke the defendant's firearm license, if any,
 inquire of the defendant  as  to  the  existence  and  location  of  any
 firearm,  rifle  or  shotgun  owned  or  possessed by such defendant and
 direct the surrender of such  firearm,  rifle  or  shotgun  pursuant  to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision six of section 400.05 of the penal law.
   § 2. Section 380.96 of the criminal procedure law, as added by chapter
 1 of the laws of 2013, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04769-02-7

 S. 879--A                           2
 
 § 380.96 Obligation  of sentencing court IN CERTAIN COUNTIES pursuant to
            article four hundred of the penal law.
   [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
 UPON  judgment  of  conviction  of  any  offense which would require the
 seizure of firearms, shotguns or rifles from an individual so convicted,
 and the revocation of any license or  registration  issued  pursuant  to
 article  four  hundred  of the penal law, the judge pronouncing sentence
 shall demand surrender of any  such  license  or  registration  and  all
 firearms,  shotguns and rifles. The failure to so demand surrender shall
 not effect the validity of  any  revocation  pursuant  to  article  four
 hundred of the penal law.
   § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
 as  amended  by  chapter  1  of the laws of 2013, are amended to read as
 follows:
   1.  [Suspension]  MANDATORY  AND  PERMISSIVE  SUSPENSION  of  firearms
 license  and  ineligibility  for  such  a license upon the issuance of a
 temporary order of protection. Whenever a temporary order of  protection
 is  issued  pursuant to section eight hundred twenty-eight of this arti-
 cle, or IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
  pursuant to article four, five, six, seven or ten of this act:
   (a) the court shall suspend any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
 where  the court receives information that gives the court good cause to
 believe that: (i) the respondent has a prior conviction of  any  violent
 felony  offense  as  defined in section 70.02 of the penal law; (ii) the
 respondent has previously been found to have willfully failed to obey  a
 prior  order  of  protection  and  such willful failure involved (A) the
 infliction of physical injury, as defined in subdivision nine of section
 10.00 of the penal law, (B) the use or threatened use of a deadly weapon
 or dangerous instrument as  those  terms  are  defined  in  subdivisions
 twelve  and  thirteen of section 10.00 of the penal law, or (C) behavior
 constituting any violent felony offense as defined in section  70.02  of
 the penal law; or (iii) the respondent has a prior conviction for stalk-
 ing  in  the first degree as defined in section 120.60 of the penal law,
 stalking in the second degree as defined in section 120.55 of the  penal
 law,  stalking  in  the third degree as defined in section 120.50 of the
 penal law or stalking in the fourth degree as defined in section  120.45
 of such law; and
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm unlawfully  against  the
 person or persons for whose protection the temporary order of protection
 is  issued,  suspend any such existing license possessed by the respond-
 ent, order the respondent ineligible for such a license, and  order  the
 immediate  surrender  [pursuant  to subparagraph (f) of paragraph one of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the penal law,] of any or all firearms owned or possessed.
   2. [Revocation] MANDATORY AND PERMISSIVE REVOCATION or  suspension  of
 firearms  license and ineligibility for such a license upon the issuance
 of an order of protection. Whenever an order  of  protection  is  issued
 pursuant  to  section  eight  hundred  forty-one of this part, or IN THE
 COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, pursuant to  arti-
 cle four, five, six, seven or ten of this act:

 S. 879--A                           3
 
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05  of  the  penal  law,]  of any or all firearms owned or possessed
 where the court finds that the conduct which resulted in the issuance of
 the order of protection involved (i) the infliction of SERIOUS  physical
 injury,  as  defined  in  subdivision [nine] TEN of section 10.00 of the
 penal law, (ii) the use or threatened use of a deadly weapon or  danger-
 ous  instrument  as  those  terms are defined in subdivisions twelve and
 thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
 ing any violent felony offense as defined in section 70.02 of the  penal
 law; and
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall, where the court finds a substantial risk that the
 respondent  may  use or threaten to use a firearm unlawfully against the
 person or persons for  whose  protection  the  order  of  protection  is
 issued,  (i)  revoke any such existing license possessed by the respond-
 ent, order the respondent ineligible for such a license  and  order  the
 immediate  surrender  [pursuant  to subparagraph (f) of paragraph one of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the penal law,] of any or  all  firearms  owned  or  possessed  or  (ii)
 suspend  or  continue  to suspend any such existing license possessed by
 the respondent, order the respondent ineligible for such a license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or all firearms owned or possessed.
   3. [Revocation] MANDATORY AND PERMISSIVE REVOCATION or  suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection or, IN  THE  COUNTY  OF
 KINGS,   QUEENS,  RICHMOND,  NEW  YORK  OR  BRONX,  temporary  order  of
 protection. Whenever a respondent has been found,  pursuant  to  section
 eight  hundred forty-six-a of this part to have willfully failed to obey
 an order of protection or temporary order of protection issued [pursuant
 to this act or the domestic relations law, or] by this  court  or  by  a
 court  of competent jurisdiction in another state, territorial or tribal
 jurisdiction, in addition to any other remedies  available  pursuant  to
 section eight hundred forty-six-a of this part:
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
 where the willful failure to obey such order involves (i) the infliction
 of  SERIOUS  physical  injury,  as  defined in subdivision [nine] TEN of
 section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
 deadly  weapon  or  dangerous  instrument  as those terms are defined in
 subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
 (iii)  behavior  constituting  any  violent felony offense as defined in
 section 70.02 of the penal law; or (iv) behavior  constituting  stalking
 in  the  first  degree  as  defined  in section 120.60 of the penal law,
 stalking in the second degree as defined in section 120.55 of the  penal
 law,  stalking  in  the third degree as defined in section 120.50 of the
 penal law or stalking in the fourth degree as defined in section  120.45
 of such law; and

 S. 879--A                           4
 
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm unlawfully  against  the
 person  or  persons  for  whose  protection  the order of protection was
 issued,  (i)  revoke any such existing license possessed by the respond-
 ent, order the respondent ineligible for such a license, whether or  not
 the respondent possesses such a license, and order the immediate surren-
 der  [pursuant  to subparagraph (f) of paragraph one of subdivision a of
 section 265.20 and subdivision six of section 400.05 of the penal  law,]
 of  any  or  all  firearms  owned  or possessed or (ii) suspend any such
 existing license possessed by the respondent, order the respondent inel-
 igible for such a license, and order the immediate surrender of  any  or
 all firearms owned or possessed.
   § 4. Section 846-a of the family court act, as amended by chapter 1 of
 the laws of 2013, is amended to read as follows:
   §  846-a.  Powers on failure to obey order. If a respondent is brought
 before the court for failure to obey any lawful order issued under  this
 article  or  an  order of protection or, IN THE COUNTY OF KINGS, QUEENS,
 RICHMOND, NEW YORK  OR  BRONX,  temporary  order  of  protection  issued
 [pursuant to this act or issued] by a court of competent jurisdiction of
 another state, territorial or tribal jurisdiction and if, after hearing,
 the  court is satisfied by competent proof that the respondent has will-
 fully failed to obey any such order, the court may  modify  an  existing
 order  or,  IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 temporary order of protection to add reasonable conditions  of  behavior
 to the existing order, make a new order of protection in accordance with
 section  eight  hundred forty-two of this part, may order the forfeiture
 of bail in a manner consistent with article five hundred  forty  of  the
 criminal  procedure  law  if bail has been ordered pursuant to this act,
 may order the respondent to pay the petitioner's reasonable  and  neces-
 sary  counsel  fees  in connection with the violation petition where the
 court finds that the violation of its order was willful, and may  commit
 the respondent to jail for a term not to exceed six months. Such commit-
 ment  may  be served upon certain specified days or parts of days as the
 court may direct, and the court may, at any time within the term of such
 sentence, revoke such suspension  and  commit  the  respondent  for  the
 remainder  of  the  original  sentence, or suspend the remainder of such
 sentence. If the court determines that the willful failure to obey  such
 order  involves  violent  behavior  constituting the crimes of menacing,
 reckless endangerment, assault  or  attempted  assault  and  if  such  a
 respondent is licensed to carry, possess, repair and dispose of firearms
 pursuant  to  section  400.00 of the penal law, the court may also imme-
 diately revoke such license and may arrange for the immediate  surrender
 [pursuant  to  subparagraph  (f)  of  paragraph  one of subdivision a of
 section 265.20 and subdivision six of section 400.05 of the penal  law,]
 and  disposal  of  any firearm such respondent owns or possesses. If the
 willful failure to obey such order involves the  infliction  of  SERIOUS
 physical injury as defined in subdivision [nine] TEN of section 10.00 of
 the penal law or the use or threatened use of a deadly weapon or danger-
 ous  instrument,  as  those terms are defined in subdivisions twelve and
 thirteen of section 10.00 of the penal law, such revocation and  immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion  a  of  section 265.20 and subdivision six of section 400.05 of the
 penal law six] and  disposal  of  any  firearm  owned  or  possessed  by
 respondent shall be mandatory, pursuant to subdivision eleven of section
 400.00 of the penal law.

 S. 879--A                           5
 
   §  5.  Section 446-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   §  446-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN COUNTIES.   [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 6. Section 552 of the family court act, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
   § 552. Firearms; surrender  and  license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  7.  Section 656-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 656-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  8.  Section 780-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 780-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  9. Section 1056-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 1056-a. Firearms; surrender and license suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order,  the  court  shall make an order in accordance with section eight
 hundred forty-two-a of this act.
   § 10. Paragraph h of subdivision 3 of  section  240  of  the  domestic
 relations  law,  as amended by chapter 1 of the laws of 2013, is amended
 to read as follows:

 S. 879--A                           6
 
   h. Upon issuance of an order  of  protection  or  temporary  order  of
 protection  or upon a violation of such order, the court MAY AND, IN THE
 COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,  shall  make  a
 determination  regarding  the  suspension and revocation of a license to
 carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
 ity for such a license and the surrender of firearms in accordance  with
 sections  eight hundred forty-two-a and eight hundred forty-six-a of the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant to this section or upon a finding of a violation  thereof,  the
 court  also may direct payment of restitution in an amount not to exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred forty-one of such act; provided, however, that in no case  shall
 an  order  of  restitution be issued where the court determines that the
 party against whom the order would be issued has already compensated the
 injured party or where such compensation  is  incorporated  in  a  final
 judgment or settlement of the action.
   §  11.  Subdivision 9 of section 252 of the domestic relations law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   9. Upon issuance of an order  of  protection  or  temporary  order  of
 protection  or upon a violation of such order, the court MAY AND, IN THE
 COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,  shall  make  a
 determination  regarding  the  suspension and revocation of a license to
 carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
 ity  for such a license and the surrender of firearms in accordance with
 sections eight hundred forty-two-a and eight hundred forty-six-a of  the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant  to  this section or upon a finding of a violation thereof, the
 court also may direct payment of restitution in an amount not to  exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred  forty-one of such act; provided, however, that in no case shall
 an order of restitution be issued where the court  determines  that  the
 party against whom the order would be issued has already compensated the
 injured  party  or  where  such  compensation is incorporated in a final
 judgment or settlement of the action.
   § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Suspension]  MANDATORY  AND PERMISSIVE SUSPENSION of firearms license
 and ineligibility for such a license upon issuance of temporary order of
 protection. Whenever a temporary order of protection is issued  pursuant
 to  subdivision  one  of  section  530.12  or subdivision one of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 defendant  may  use  or threaten to use a firearm unlawfully against the
 person or persons for whose protection the temporary order of protection
 is issued, suspend any such existing license possessed by the defendant,
 order the defendant ineligible for such a license and order the  immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion  a  of  section 265.20 and subdivision six of section 400.05 of the
 penal law,] of any or all firearms owned or possessed.
   § 13. The opening paragraph and paragraph  (b)  of  subdivision  2  of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Revocation]  MANDATORY  AND  PERMISSIVE  REVOCATION  or suspension of
 firearms license and ineligibility for such a license upon  issuance  of

 S. 879--A                           7
 
 an order of protection. Whenever an order of protection is issued pursu-
 ant to subdivision five of section 530.12 or subdivision four of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a firearm  unlawfully  against  the
 person  or  persons  for  whose  protection  the  order of protection is
 issued, (i) revoke any such existing license possessed by the defendant,
 order the defendant ineligible for such a license and order the  immedi-
 ate  surrender of any or all firearms owned or possessed or (ii) suspend
 or continue to suspend  any  such  existing  license  possessed  by  the
 defendant,  order  the defendant ineligible for such a license and order
 the immediate surrender [pursuant to subparagraph (f) of  paragraph  one
 of subdivision a of section 265.20 and subdivision six of section 400.05
 of the penal law,] of any or all firearms owned or possessed.
   §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Revocation] MANDATORY AND  PERMISSIVE  REVOCATION  or  suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection. Whenever  a  defendant
 has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
 subdivision eight of section 530.13 of this article  to  have  willfully
 failed  to  obey  an  order of protection issued by a court of competent
 jurisdiction in this state  or  another  state,  territorial  or  tribal
 jurisdiction,  in  addition  to any other remedies available pursuant to
 subdivision eleven of section 530.12 or  subdivision  eight  of  section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a firearm  unlawfully  against  the
 person  or  persons  for  whose  protection  the order of protection was
 issued, (i) revoke any such existing license possessed by the defendant,
 order the defendant ineligible for such a license and order the  immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion  a  of  section 265.20 and subdivision six of section 400.05 of the
 penal law,] of any or all firearms owned or possessed  or  (ii)  suspend
 any  such existing license possessed by the defendant, order the defend-
 ant ineligible for such a license  and  order  the  immediate  surrender
 [pursuant  to  subparagraph  (f)  of  paragraph  one of subdivision a of
 section 265.20 and subdivision six of section 400.05 of the penal  law,]
 of any or all firearms owned or possessed.
   §  15.  The  article heading of article 39-DDD of the general business
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
         PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
                            IN CERTAIN COUNTIES
   §  16.  Subdivision  1  of section 898 of the general business law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   1. In addition to any other requirements pursuant to state and federal
 law, all sales, exchanges or disposals of firearms, rifles or  shotguns,
 IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, shall be
 conducted  in accordance with this section unless such sale, exchange or
 disposal is conducted by a licensed importer, licensed  manufacturer  or
 licensed  dealer,  as those terms are defined in 18 USC § 922, when such
 sale, exchange or disposal is conducted pursuant to that person's feder-

 S. 879--A                           8
 
 al firearms license or  such  sale,  exchange  or  disposal  is  between
 members of an immediate family. For purposes of this section, "immediate
 family"  shall  mean spouses, domestic partners, children and step-chil-
 dren.
   §  17.  Paragraph (q) of subdivision 2 of section 212 of the judiciary
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (q)  Adopt  rules  to  require  transmission,  to the criminal justice
 information services division of the federal bureau of investigation  or
 to  the  division  of  criminal  justice services, of the name and other
 identifying information of each person who has a guardian appointed  for
 him  or  her pursuant to any provision of state law, based on a determi-
 nation that  as  a  result  of  marked  subnormal  intelligence,  mental
 illness,  incapacity,  condition  or disease, he or she lacks the mental
 capacity to contract or manage his or her own affairs. Any such records,
 RELATING TO PERSONS RESIDING IN THE COUNTY OF KINGS,  QUEENS,  RICHMOND,
 NEW  YORK OR BRONX, transmitted directly to the federal bureau of inves-
 tigation must also be transmitted to the division  of  criminal  justice
 services[,  and any records received by the division of criminal justice
 services pursuant to this paragraph may be checked against the statewide
 license and record database].
   § 18. Subdivision (j) of section 7.09 of the mental  hygiene  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (j)  (1)  The commissioner, in cooperation with other applicable state
 agencies, shall collect, retain or modify data  or  records,  and  shall
 transmit  such  data or records: (i) to the division of criminal justice
 services, or to the criminal justice information  services  division  of
 the  federal  bureau of investigation, for the purposes of responding to
 queries to the national instant criminal background check system regard-
 ing attempts to purchase or otherwise take possession  of  firearms,  as
 defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
 or regulations, or (ii) FOR PERSONS RESIDING IN  THE  COUNTY  OF  KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, to the division of criminal justice
 services, which may re-disclose such data and records only for determin-
 ing whether a license issued pursuant to section 400.00 of the penal law
 should be denied, suspended or revoked, under subdivision eleven of such
 section,  or  for  determining  whether  a person is no longer permitted
 under federal or state law to possess a firearm. Such records, which may
 not be used for any other purpose, shall include only  names  and  other
 non-clinical  identifying  information of persons who have been involun-
 tarily committed to a hospital pursuant to article nine of this chapter,
 [or section four hundred two or subdivision two of section five  hundred
 eight of the correction law,] or article seven hundred thirty or section
 330.20  of  the criminal procedure law or sections 322.2 or 353.4 of the
 family court act, or to a secure treatment facility pursuant to  article
 ten of this chapter.
   (2)  The  commissioner  shall  establish  within  the office of mental
 health an administrative process to permit a person who has been or  may
 be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
 922(4)(d) or who has been or may be disqualified from continuing to have
 a license to carry, possess, repair,  or  dispose  of  a  firearm  under
 section  400.00 of the penal law because such person, WHO RESIDES IN THE
 COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, was  involuntarily
 committed  or  civilly  confined to a facility under the jurisdiction of
 the commissioner, to petition for relief from that disability where such
 person's record and reputation are such that such  person  will  not  be

 S. 879--A                           9
 
 likely  to  act  in  a  manner  dangerous to public safety and where the
 granting of the relief would not  be  contrary  to  public  safety.  The
 commissioner  shall  promulgate regulations to establish the relief from
 disabilities  program,  which  shall  include,  but  not  be limited to,
 provisions providing for: (i) an opportunity for a  disqualified  person
 to  petition for relief in writing; (ii) the authority for the agency to
 require that the petitioner  undergo  a  clinical  evaluation  and  risk
 assessment;  and (iii) a requirement that the agency issue a decision in
 writing explaining the reasons for a denial  or  grant  of  relief.  The
 denial  of  a  petition  for relief from disabilities may be reviewed de
 novo pursuant to the proceedings  under  article  seventy-eight  of  the
 civil practice law and rules.
   §  19.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
 health  professional currently providing treatment services to a person,
 WHO RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 determines, in the exercise of reasonable  professional  judgment,  that
 such  person is likely to engage in conduct that would result in serious
 harm to self or others, he or she shall be required to report,  as  soon
 as practicable, to the director of community services, or the director's
 designee,  who shall report to the division of criminal justice services
 whenever he or she agrees that the person is likely to  engage  in  such
 conduct.  Information  transmitted  to  the division of criminal justice
 services shall be limited to names and  other  non-clinical  identifying
 information,  which  may  only be used for determining whether a license
 issued pursuant to section 400.00 of the penal law should  be  suspended
 or  revoked,  or  for  determining  whether a person is ineligible for a
 license issued pursuant to section 400.00 of the penal  law,  or  is  no
 longer permitted under state or federal law to possess a firearm.
   § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   22. "Assault weapon" means
   (a) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION,  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE  ACTION  OF
 THE WEAPON;
   (C) A BAYONET MOUNT;
   (D)  A  FLASH  SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
 FLASH SUPPRESSOR;
   (E) A GRENADE LAUNCHER; OR
   (II) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO  OF  THE  FOLLOWING
 CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
 THE WEAPON;
   (C) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   (D) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   (III) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHA-
 BLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A)  AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
 PISTOL GRIP;
   (B) A THREADED BARREL CAPABLE OF ACCEPTING A  BARREL  EXTENDER,  FLASH
 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;

 S. 879--A                          10
 
   (C)  A  SHROUD  THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE  FIREARM  WITH
 THE NONTRIGGER HAND WITHOUT BEING BURNED;
   (D)  A  MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
 UNLOADED;
   (E) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
 OR
   (IV) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR  RECEIVERS  OF  SUCH
 WEAPONS,  OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
 AS:
   (A) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
 MODELS);
   (B) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
   (C) BERETTA AR70 (SC-70);
   (D) COLT AR-15;
   (E) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
   (F) SWD M-10, M-11, M-11/9, AND M-12;
   (G) STEYR AUG;
   (H) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   (I) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR  TO)  THE  STREET
 SWEEPER AND STRIKER 12;
   (V) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: (A) ANY RIFLE,
 SHOTGUN  OR PISTOL THAT (I) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR
 SLIDE ACTION; (II) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (III) IS
 AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);
   (B) A SEMIAUTOMATIC RIFLE THAT CANNOT  ACCEPT  A  DETACHABLE  MAGAZINE
 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
   (C)  A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS OF
 AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
   (D) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A  DUPLICATE  THEREOF,
 SPECIFIED  IN  APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE.  THE  MERE
 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
 PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF  THIS  SUBDIVI-
 SION  LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
 NINETY-FOUR.
   (B)  (I) IN THE COUNTIES OF KINGS,  QUEENS,  RICHMOND,  NEW  YORK  AND
 BRONX,  a semiautomatic rifle that has an ability to accept a detachable
 magazine and has at least one of the following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a pistol grip  that  protrudes  conspicuously  beneath  the
 action of the weapon;
   [(iii)] (C) a thumbhole stock;
   [(iv)]  (D) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(v)] (E) a bayonet mount;
   [(vi)] (F) a flash suppressor, muzzle break,  muzzle  compensator,  or
 threaded  barrel  designed  to  accommodate  a  flash suppressor, muzzle
 break, or muzzle compensator;
   [(vii)] (G) a grenade launcher; or
   [(b)] (II) a semiautomatic shotgun  that  has  at  least  one  of  the
 following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;

 S. 879--A                          11
 
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
   [(v)] (E) an ability to accept a detachable magazine; or
   [(c)]  (III)  a  semiautomatic  pistol that has an ability to accept a
 detachable magazine and has at least one  of  the  following  character-
 istics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)]  (D) capacity to accept an ammunition magazine that attaches to
 the pistol outside of the pistol grip;
   [(v)] (E) a threaded barrel capable of accepting  a  barrel  extender,
 flash suppressor, forward handgrip, or silencer;
   [(vi)]  (F)  a  shroud that is attached to, or partially or completely
 encircles, the barrel and that permits the shooter to hold  the  firearm
 with the non-trigger hand without being burned;
   [(vii)]  (G)  a  manufactured  weight of fifty ounces or more when the
 pistol is unloaded; or
   [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
 firearm;
   [(d)] (IV) a revolving cylinder shotgun;
   [(e)] (V) a semiautomatic rifle, a semiautomatic shotgun or a  semiau-
 tomatic pistol or weapon defined in subparagraph (v) of paragraph (e) of
 subdivision  twenty-two  of  section  265.00 of this chapter as added by
 chapter one hundred eighty-nine of the laws of two thousand  and  other-
 wise  lawfully  possessed  pursuant  to  such chapter of the laws of two
 thousand prior to September fourteenth, nineteen hundred ninety-four;
   [(f)] (VI) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
 tomatic pistol or weapon defined in paragraph (a), (b) or  (c)  of  this
 subdivision,  possessed prior to the date of enactment of the chapter of
 the laws of two thousand thirteen which added this paragraph;
   [(g)] (VII) provided, however, that such term does not include:
   [(i)] (A) any rifle, shotgun or pistol  that  [(A)]  (I)  is  manually
 operated  by  bolt,  pump,  lever  or  slide action; [(B)] (II) has been
 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
 defined in 18 U.S.C.  921(a)(16);
   [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
 zine that holds more than five rounds of ammunition;
   [(iii)] (C) a semiautomatic shotgun that cannot hold  more  than  five
 rounds of ammunition in a fixed or detachable magazine; or
   [(iv)]  (D)  a  rifle,  shotgun or pistol, or a replica or a duplicate
 thereof, specified in Appendix A to 18 U.S.C. 922  as  such  weapon  was
 manufactured  on  October first, nineteen hundred ninety-three. The mere
 fact that a weapon is not listed in Appendix A shall not be construed to
 mean that such weapon is an assault weapon;
   [(v)] (E)  any  weapon  validly  registered  pursuant  to  subdivision
 sixteen-a  of  section  400.00  of  this  chapter. Such weapons shall be
 subject to the provisions of [paragraph (h)] SUBPARAGRAPH (VIII) of this
 [subdivision] PARAGRAPH;
   [(vi)] (F) any firearm, rifle, or shotgun  that  was  manufactured  at
 least  fifty years prior to the current date, but not including replicas
 thereof that is validly registered pursuant to subdivision sixteen-a  of
 section 400.00 of this chapter;

 S. 879--A                          12
 
   [(h)] (VIII) Any weapon defined in [paragraph (e) or (f)] SUBPARAGRAPH
 (V) OR (VI) of this [subdivision] PARAGRAPH and any large capacity ammu-
 nition  feeding device that was legally possessed by an individual prior
 to the enactment of [the] chapter ONE of the laws of two thousand  thir-
 teen  which added this paragraph, may only be sold to, exchanged with or
 disposed of to a purchaser authorized to possess such weapons or  to  an
 individual  or entity outside of the state provided that any such trans-
 fer to an individual or entity outside of the state must be reported  to
 the  entity wherein the weapon is registered within seventy-two hours of
 such transfer. An individual who transfers  any  such  weapon  or  large
 capacity  ammunition  device  to  an individual inside New York state or
 without complying with the provisions of this paragraph shall be  guilty
 of  a  class A misdemeanor unless such large capacity ammunition feeding
 device, the possession of which is made illegal by [the] chapter ONE  of
 the  laws of two thousand thirteen which added this [paragraph] SUBPARA-
 GRAPH, is transferred within one year of the  effective  date  of  [the]
 chapter ONE of the laws of two thousand thirteen which added this [para-
 graph] SUBPARAGRAPH.
   § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   23. "Large capacity ammunition feeding device" means a magazine, belt,
 drum,  feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER THIR-
 TIETH, NINETEEN HUNDRED NINETY-FOUR, that [(a)] has a  capacity  of,  or
 that  can  be  readily  restored  or  converted to accept, more than ten
 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
 tion, or (c) is obtained after the effective date of the chapter of  the
 laws  of  two thousand thirteen which amended this subdivision and has a
 capacity of, or that can be readily restored  or  converted  to  accept,
 more than seven rounds of ammunition]; provided, however, that such term
 does  not  include  an  attached  tubular device designed to accept, and
 capable of operating only with, .22 caliber  rimfire  ammunition  [or  a
 feeding  device  that  is  a  curio or relic. A feeding device that is a
 curio or relic is defined as a device that (i) was manufactured at least
 fifty years prior to the current date, (ii) is  only  capable  of  being
 used  exclusively  in a firearm, rifle, or shotgun that was manufactured
 at least fifty years prior to the current date, but not including repli-
 cas thereof, (iii) is possessed by an individual who is  not  prohibited
 by state or federal law from possessing a firearm and (iv) is registered
 with  the  division of state police pursuant to subdivision sixteen-a of
 section 400.00 of this chapter, except such feeding devices  transferred
 into  the  state may be registered at any time, provided they are regis-
 tered within thirty days of their transfer into the state. Notwithstand-
 ing paragraph (h) of subdivision twenty-two of this section, such  feed-
 ing  devices  may  be  transferred  provided that such transfer shall be
 subject to the provisions of section 400.03 of  this  chapter  including
 the check required to be conducted pursuant to such section].
   §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   24. "Seller of ammunition" means any person, firm, partnership, corpo-
 ration or company who engages in the business of purchasing, selling  or
 keeping ammunition IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR
 BRONX.
   §  23.  The opening paragraph of section 265.01-b of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   A person is guilty of criminal possession of a firearm when he or she,
 BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR

 S. 879--A                          13
 
 BRONX:    (1) possesses any firearm or; (2) lawfully possesses a firearm
 prior to the effective date of [the] chapter ONE  of  the  laws  of  two
 thousand  thirteen  which added this section subject to the registration
 requirements  of subdivision sixteen-a of section 400.00 of this chapter
 and knowingly fails to register such firearm pursuant to  such  subdivi-
 sion.
   §  24.  Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
 penal law, paragraph 3 as amended and paragraph 7-f as added by  chapter
 1 of the laws of 2013, are amended to read as follows:
   3.  Possession  of  a pistol or revolver by a person to whom a license
 therefor has been issued as provided under section 400.00 or  400.01  of
 this  chapter  or  possession, IN THE COUNTY OF KINGS, QUEENS, RICHMOND,
 NEW YORK OR BRONX, of a weapon as defined in SUBPARAGRAPH (V) OR (VI) OF
 paragraph [(e) or (f)] (B) of subdivision twenty-two of  section  265.00
 of  this article which is registered pursuant to paragraph (a) of subdi-
 vision sixteen-a of section 400.00 of this chapter or is included on  an
 amended  license  issued  pursuant to section 400.00 of this chapter. In
 the event such license is revoked, other than because such  licensee  is
 no longer permitted to possess a firearm, rifle or shotgun under federal
 or  state  law,  information  sufficient  to satisfy the requirements of
 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
 mitted by the licensing officer to the DIVISION OF state  police,  in  a
 form  as  determined  by the superintendent of state police. Such trans-
 mission shall  constitute  a  valid  registration  under  such  section.
 Further  provided,  notwithstanding  any  other section of this title, a
 failure to register such weapon by  an  individual,  IN  THE  COUNTY  OF
 KINGS,  QUEENS,  RICHMOND,  NEW YORK OR BRONX, who possesses such weapon
 before the enactment of [the] chapter ONE of the laws  of  two  thousand
 thirteen  which  amended  this  paragraph and may so lawfully possess it
 thereafter upon registration, shall only be subject to punishment pursu-
 ant to paragraph (c) of subdivision sixteen-a of section 400.00 of  this
 chapter;  provided,  that  such  a  license  or  registration  shall not
 preclude a conviction for the offense defined in  subdivision  three  of
 section 265.01 of this article or section 265.01-a of this article.
   7-f.  Possession  and  use  of a magazine, belt, feed strip or similar
 device, IN THE COUNTY OF KINGS, QUEENS, RICHMOND,  NEW  YORK  OR  BRONX,
 that  contains  more  than seven rounds of ammunition, but that does not
 have a capacity of or can readily be restored  or  converted  to  accept
 more than ten rounds of ammunition, at an indoor or outdoor firing range
 located  in  or  on  premises  owned  or occupied by a duly incorporated
 organization organized for conservation purposes or to foster proficien-
 cy in arms; at an indoor or outdoor firing  range  for  the  purpose  of
 firing  a  rifle or shotgun; at a collegiate, olympic or target shooting
 competition under the auspices of or  approved  by  the  national  rifle
 association;  or  at  an organized match sanctioned by the International
 Handgun Metallic Silhouette Association.
   § 25. The opening paragraph of section 265.36 of  the  penal  law,  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   It  shall  be  unlawful  for a person, IN THE COUNTY OF KINGS, QUEENS,
 RICHMOND, NEW YORK OR BRONX, to knowingly possess a large capacity ammu-
 nition feeding device manufactured before September thirteenth, nineteen
 hundred ninety-four, and if such person lawfully  possessed  such  large
 capacity  feeding  device before the effective date of [the] chapter ONE
 of the laws of two thousand thirteen which added this section, that  has
 a  capacity  of, or that can be readily restored or converted to accept,
 more than ten rounds of ammunition.

 S. 879--A                          14
 
   § 26. The opening paragraph of section 265.37 of  the  penal  law,  as
 amended  by  section  2 of part FF of chapter 57 of the laws of 2013, is
 amended to read as follows:
   It  shall be unlawful for a person to knowingly possess, IN THE COUNTY
 OF KINGS, QUEENS, RICHMOND, NEW YORK OR  BRONX,  an  ammunition  feeding
 device where such device contains more than seven rounds of ammunition.
   §  27.  The  opening  paragraph of section 265.45 of the penal law, as
 amended by section 3 of part FF of chapter 57 of the laws  of  2013,  is
 amended to read as follows:
   No person, RESIDING IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK
 OR  BRONX,  who  owns or is custodian of a rifle, shotgun or firearm who
 resides with an individual who such person knows or has reason  to  know
 is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
 (1), (4), (8) or (9) shall store or otherwise leave such rifle,  shotgun
 or  firearm  out  of  his or her immediate possession or control without
 having first securely locked such rifle, shotgun or firearm in an appro-
 priate safe storage depository or rendered it incapable of  being  fired
 by  use of a gun locking device appropriate to that weapon. For purposes
 of this section "safe storage depository" shall mean  a  safe  or  other
 secure  container which, when locked, is incapable of being opened with-
 out the key, combination or other unlocking mechanism and is capable  of
 preventing   an   unauthorized  person  from  obtaining  access  to  and
 possession of the weapon contained therein. With respect to a person who
 is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
 for  purposes  of this section, this section applies only if such person
 has been convicted of a crime included in  subdivision  one  of  section
 370.15  of  the  criminal procedure law and such gun is possessed within
 five years from the later of the date of  conviction  or  completion  of
 sentence.  Nothing  in this section shall be deemed to affect, impair or
 supersede any special or local act  relating  to  the  safe  storage  of
 rifles, shotguns or firearms which impose additional requirements on the
 owner or custodian of such weapons.
   §  28. Subdivision 1 of section 400.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section except by the licensing officer, and then  only  after  investi-
 gation  and  finding  that  all statements in a proper application for a
 license are true. No license shall be issued or renewed  except  for  an
 applicant  (a) twenty-one years of age or older, provided, however, that
 where such applicant has  been  honorably  discharged  from  the  United
 States  army,  navy,  marine  corps,  air  force  or coast guard, or the
 national guard of the state of New York, no such age  restriction  shall
 apply;  (b)  of  good  moral  character;  (c) who has not been convicted
 anywhere of a felony or a serious offense; (d) who  is  not  a  fugitive
 from  justice;  (e)  who  is  not an unlawful user of or addicted to any
 controlled substance as defined in section 21 U.S.C. 802; (f) who  being
 an alien (i) is not illegally or unlawfully in the United States or (ii)
 has  not  been  admitted  to the United States under a nonimmigrant visa
 subject to the exception in 18 U.S.C. 922(y)(2); (g) who  has  not  been
 discharged from the Armed Forces under dishonorable conditions; (h) who,
 having been a citizen of the United States, has not renounced his or her
 citizenship;  (i) who has stated whether he or she has ever suffered any
 mental illness; (j) who, BEING  A  RESIDENT  OF  THE  COUNTY  OF  KINGS,
 QUEENS,  RICHMOND, NEW YORK OR BRONX, has not been involuntarily commit-
 ted to a facility under the jurisdiction of an office of the  department
 of  mental  hygiene  pursuant  to  article nine or fifteen of the mental

 S. 879--A                          15
 
 hygiene law, article seven hundred thirty or section 330.20 of the crim-
 inal procedure law, section four hundred two or five  hundred  eight  of
 the  correction  law, section 322.2 or 353.4 of the family court act, or
 has not been civilly confined in a secure treatment facility pursuant to
 article  ten  of  the  mental hygiene law; (k) who has not had a license
 revoked or who is not under a suspension or ineligibility  order  issued
 pursuant  to  the provisions of section 530.14 of the criminal procedure
 law or section eight hundred forty-two-a of the family court act; (l) in
 the county of Westchester, who has  successfully  completed  a  firearms
 safety  course  and  test  as  evidenced  by a certificate of completion
 issued in his or her name and endorsed and affirmed under the  penalties
 of perjury by a duly authorized instructor, except that: (i) persons who
 are honorably discharged from the United States army, navy, marine corps
 or  coast  guard, or of the national guard of the state of New York, and
 produce evidence of official qualification in firearms during  the  term
 of  service are not required to have completed those hours of a firearms
 safety course pertaining to the safe use, carrying, possession,  mainte-
 nance  and  storage  of a firearm; and (ii) persons who were licensed to
 possess a pistol or revolver prior to the effective date of  this  para-
 graph  are  not  required to have completed a firearms safety course and
 test; (m) who, BEING A RESIDENT OF THE COUNTY OF  KINGS,  QUEENS,  RICH-
 MOND, NEW YORK OR BRONX, has not had a guardian appointed for him or her
 pursuant to any provision of state law, based on a determination that as
 a  result  of marked subnormal intelligence, mental illness, incapacity,
 condition or disease, he or she lacks the mental capacity to contract or
 manage his or her own affairs; and (n) concerning  whom  no  good  cause
 exists  for  the  denial  of  the license. No person shall engage in the
 business of gunsmith or dealer in firearms unless licensed  pursuant  to
 this  section.  An  applicant to engage in such business shall also be a
 citizen of the United States, more than  twenty-one  years  of  age  and
 maintain  a place of business in the city or county where the license is
 issued. For such business, if the applicant is a  firm  or  partnership,
 each  member thereof shall comply with all of the requirements set forth
 in this subdivision and if the applicant is a corporation, each  officer
 thereof shall so comply.
   §  29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
 law, as amended by chapter 1 of the laws of 2013, are amended to read as
 follows:
   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
 accessible  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  phys-
 ical  descriptive  data  in quadruplicate of each individual by whom the
 application 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 corpo-
 rate applicant that has already been issued a dealer in firearms license
 and seeks to operate a firearm dealership  at  a  second  or  subsequent

 S. 879--A                          16
 
 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,  Albany,  within ten days after issuance 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  investigation, the police
 authority shall report the results  to  the  licensing  officer  without
 unnecessary delay.
   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 of any  person  to  whom  an  application  for  any
 license has been granted shall be a public record. Upon application by a
 licensee who has changed his place of residence such records or applica-
 tions  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, Albany, within ten days after issuance of the license. The
 superintendent of state police may designate that such application shall
 be transmitted to the division of state police  electronically.  In  the
 event the superintendent of the division of state police 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,
 department 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-

 S. 879--A                          17
 
 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 shall not be subject to disclosure
 pursuant to article six of the public officers law.]
   (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  ONE  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
 applicant to request an exception from his or her  application  informa-
 tion  becoming  public record pursuant to paragraph (a) of this subdivi-
 sion. 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  ONE  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 appli-
 cant  an  opportunity to specify 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
 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

 S. 879--A                          18

 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 ONE 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
 paragraph (b) of this subdivision, may be released only if such individ-
 uals 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]  LAW  and  rules.  Such proceeding must
 commence within thirty days after service of the written notice contain-
 ing the 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.
   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

 S. 879--A                          19
 
 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
 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
 every  five  years  thereafter.  Any  license  TO SUCH A LICENSEE issued
 before the effective date of [the] chapter ONE of the laws of two  thou-
 sand  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 DIVISION OF state police
 shall send a notice to all SUCH 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. The form may be in an  elec-
 tronic  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] DIVISION OF state police [discover] DISCOVERS as a result of
 the recertification process that a licensee failed to provide  a  change
 of  address,  the  [New York] DIVISION OF state police shall not require
 the licensing officer to revoke such license.
   11. License: revocation and suspension. (a) The conviction of a licen-
 see anywhere of a felony or serious offense [or a licensee at  any  time
 becoming  ineligible to obtain a license under this section] shall oper-
 ate as a revocation  of  the  license.  A  license  may  be  revoked  or
 suspended  as  provided  for in section 530.14 of the criminal procedure
 law or section eight hundred forty-two-a of the family court act. Except
 for a license issued pursuant to  section  400.01  of  this  article,  a

 S. 879--A                          20
 
 license  may  be  revoked  and  cancelled at any time in the city of New
 York, and in the counties of Nassau and Suffolk, by the licensing  offi-
 cer,  and elsewhere than in the city of New York by any judge or justice
 of  a  court  of  record; a license issued pursuant to section 400.01 of
 this article may be revoked and cancelled at any time by  the  licensing
 officer  or  any  judge  or  justice  of a court of record. The official
 revoking a license shall give written notice thereof without unnecessary
 delay to the executive department, division of state police, Albany, and
 shall also notify immediately the duly constituted police authorities of
 the locality.
   (b) Whenever the director of community services  IN  THE  COUNTIES  OF
 KINGS,  QUEENS,  RICHMOND,  NEW  YORK  AND BRONX, or his or her designee
 makes a report pursuant to section 9.46 of the mental hygiene  law,  the
 division  of  criminal  justice  services shall convey such information,
 whenever it determines that the person named in the report  possesses  a
 license  issued  pursuant  to this section, to the appropriate licensing
 official, who shall issue an order suspending or revoking such license.
   (c) In any instance in  which  a  person's  license  is  suspended  or
 revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
 shall surrender such license to the appropriate licensing  official  and
 any  and  all  firearms,  rifles, or shotguns owned or possessed by such
 person shall be surrendered to an appropriate law enforcement agency  as
 provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
 section 265.20 of this chapter. In  the  event  such  license,  firearm,
 shotgun,  or  rifle  is not surrendered, such items shall be removed and
 declared a nuisance and any  police  officer  or  peace  officer  acting
 pursuant  to  his  or her special duties is authorized to remove any and
 all such weapons.
   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 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 veri-
 fy  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 possess, or the shield  or  other
 number,  if  any, assignment and department, unit or agency, 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 electronic form if the super-
 intendent determines that such dealer is incapable of such  transmission
 due  to  technological  limitations  that  are not reasonably within the
 control of the dealer, or other exceptional  circumstances  demonstrated

 S. 879--A                          21
 
 by  the  dealer, pursuant to a process established 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  main-
 tained  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.
   § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
 the laws of 2013, is amended to read as follows:
   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,  WHO
 RESIDES  IN  THE  COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 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,  in  the manner provided by the superintendent, 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 registered at  any  time,
 provided  such weapons are registered within thirty days of their trans-
 fer into the state. Registration information shall  include  the  regis-
 trant's  name,  date of birth, gender, race, residential address, social
 security number and a description of each  weapon  being  registered.  A
 registration  IN  THE  COUNTY  OF  KINGS,  QUEENS, RICHMOND, NEW YORK OR
 BRONX, of any weapon defined under subparagraph (vi) of paragraph (g) of
 subdivision twenty-two of section 265.00 or a feeding device as  defined
 under  subdivision  twenty-three of section 265.00 of this chapter shall
 be transferable, provided that the seller notifies the DIVISION OF state
 police within seventy-two hours of the transfer and the  buyer  provides
 the DIVISION OF state police 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  superintendent  shall
 determine  whether  such  registrant  is  prohibited  from  possessing a
 firearm under state or federal 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  subdi-
 vision  sixteen-b  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]  SUCH
 registrants  shall  recertify to the division of state police every five
 years thereafter. Failure to recertify shall result in a  revocation  of
 such registration.
   (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
 this subdivision, an owner, WHO RESIDES IN THE COUNTY OF KINGS,  QUEENS,
 RICHMOND, NEW YORK OR BRONX, 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-

 S. 879--A                          22
 
 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 shall create and maintain an
 internet website to educate the public, WHO  RESIDE  IN  THE  COUNTY  OF
 KINGS,  QUEENS,  RICHMOND,  NEW YORK OR BRONX, as to which semiautomatic
 rifle, semiautomatic shotgun or semiautomatic 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] SUCH public in recognizing the relevant 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 RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND,
 NEW YORK OR BRONX, 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
 paragraph 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.
   § 31. Section 400.02 of the penal law is REPEALED.
   §  32.  Section  400.03 of the penal law, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
 § 400.03 Sellers of ammunition.
   1. A seller of ammunition as defined  in  subdivision  twenty-four  of
 section  265.00  of  this chapter DOING BUSINESS IN THE COUNTY OF KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, shall register with the superinten-
 dent of state police in a manner provided  by  the  superintendent.  Any
 dealer  in  firearms that is validly licensed pursuant to section 400.00
 of this article shall not be required to complete such registration.
   2. Any seller of ammunition or dealer in firearms  DOING  BUSINESS  IN
 THE  COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, shall keep a
 record book approved as to form by the superintendent of  state  police.
 In  the  record  book  shall be entered at the time of every transaction
 involving ammunition the date, name, age, occupation  and  residence  of
 any  person  from  whom  ammunition is received or to whom ammunition is
 delivered, and the  amount,  calibre,  manufacturer's  name  and  serial
 number,  or  if  none, any other distinguishing number or identification
 mark on such ammunition. 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 or her special duties, or police officer. Any record produced pursu-
 ant to this section and any transmission thereof to any government agen-
 cy  shall  not be considered a public record for purposes of article six
 of the public officers law.
   3. [No later than thirty days after the superintendent  of  the  state
 police  certifies  that the statewide license and record database estab-

 S. 879--A                          23

 lished pursuant to section 400.02 of this article is operational for the
 purposes of this section, a] A dealer in firearms licensed  pursuant  to
 section  400.00  of  this  article, a seller of ammunition as defined in
 subdivision twenty-four of section 265.00 of this chapter DOING BUSINESS
 IN  THE  COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, shall not
 transfer any ammunition to any other person  who  is  not  a  dealer  in
 firearms  as  defined  in  subdivision  nine of such section 265.00 or a
 seller of ammunition as defined in subdivision  twenty-four  of  section
 265.00 of this chapter, unless:
   (a)  before  the  completion  of  the transfer, the licensee or seller
 contacts the [statewide license and record database]  SUPERINTENDENT  OF
 STATE POLICE and provides the [database] SUPERINTENDENT with information
 sufficient to identify such dealer or seller, transferee based on infor-
 mation  on  the transferee's identification document as defined in para-
 graph (c) of this subdivision, as well as the amount, calibre,  manufac-
 turer's name and serial number, if any, of such ammunition;
   (b) the [system] SUPERINTENDENT provides the licensee or seller with a
 unique identification number; and
   (c)  the  transferor  has  verified  the identity of the transferee by
 examining a valid state identification document of the transferee issued
 by the department of motor vehicles or if the transferee is not a  resi-
 dent of the state of New York, a valid identification document issued by
 the  transferee's  state or country of residence containing a photograph
 of the transferee.
   4. If the [database] SUPERINTENDENT OF STATE  POLICE  determines  that
 the  purchaser  of ammunition is eligible to possess ammunition pursuant
 to state and federal laws, [the system] HE OR SHE shall:
   (a) assign a unique identification number to the transfer; and
   (b) provide the licensee or seller with the number.
   5. If the [statewide license and record  database]  SUPERINTENDENT  OF
 STATE POLICE notifies the licensee or seller that the information avail-
 able  [to the database] does not demonstrate that the receipt of ammuni-
 tion by such other person would violate 18 U.S.C. 922(g) or  state  law,
 and the licensee transfers ammunition to such other person, the licensee
 shall  indicate  to  the [database] SUPERINTENDENT that such transaction
 has been completed at which point a record of such transaction shall  be
 created  which  shall  be accessible by the division of state police and
 maintained for no longer than one year from point  of  purchase[,  which
 shall  not  be  incorporated  into  the database established pursuant to
 section 400.02 of this article or the registry established  pursuant  to
 subdivision  sixteen-a  of section 400.00 of this article]. The division
 of state police may share such information with a local law  enforcement
 agency.  Evidence  of  the  purchase  of ammunition is not sufficient to
 establish probable cause to believe that the purchaser has  committed  a
 crime  absent  other  information  tending  to prove the commission of a
 crime. Records assembled or accessed pursuant to this section shall  not
 be  subject to disclosure pursuant to article six of the public officers
 law. This requirement of this section shall not apply  (i)  if  a  back-
 ground  check  cannot be completed because the system is not operational
 as determined by the superintendent of state police, or where it  cannot
 be  accessed  by  the  practitioner  due to a temporary technological or
 electrical failure, as set forth in regulation,  or  (ii)  a  dealer  or
 seller  has  been granted a waiver from conducting such background check
 if the superintendent of state police determines  that  such  dealer  is
 incapable  of  such  check due to technological limitations that are not
 reasonably within the  control  of  the  dealer,  or  other  exceptional

 S. 879--A                          24
 
 circumstances  demonstrated  by the dealer, pursuant to a process estab-
 lished in regulation, and at the discretion of such superintendent.
   6.  If  the  superintendent  of state police certifies that background
 checks of ammunition purchasers IN THE COUNTY OF  KINGS,  QUEENS,  RICH-
 MOND,  NEW  YORK  OR BRONX may be conducted through the national instant
 criminal background check system, use of that  system  by  a  dealer  or
 seller shall be sufficient to satisfy subdivisions four and five of this
 section and such checks shall be conducted through such system, provided
 that a record of such transaction shall be forwarded to the state police
 in a form determined by the superintendent.
   7. No commercial transfer of ammunition shall take place IN THE COUNTY
 OF  KINGS,  QUEENS, RICHMOND, NEW YORK OR BRONX unless a licensed dealer
 in firearms or registered seller of ammunition acts as  an  intermediary
 between the transferor and the ultimate transferee of the ammunition for
 the  purposes  of  contacting  the statewide license and record database
 pursuant to this section. Such transfer between the  dealer  or  seller,
 and transferee must occur in person.
   8.  A  seller  of  ammunition  who  fails to register pursuant to this
 section and sells ammunition, for a first offense, shall be guilty of  a
 violation  and  subject  to  the  fine of one thousand dollars and for a
 second offense, shall be guilty of a class A misdemeanor.
   A seller of ammunition that fails to keep any record required pursuant
 to this section, for a first offense shall be guilty of a violation  and
 subject  to  a  fine  of  five hundred dollars, and for a second offense
 shall be guilty of a class B misdemeanor, and the registration  of  such
 seller shall be revoked.
   §  33.  Paragraph  (a)  of  subdivision 1 and subdivision 3 of section
 400.10 of the penal law, as amended by chapter 1 of the  laws  of  2013,
 are amended to read as follows:
   (a)  Any  owner  or  other  person  lawfully  in  possession of: (i) a
 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
 on; (ii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR  BRONX,
 ammunition  as  well as a firearm, rifle or shotgun who suffers the loss
 or theft of such ammunition as well as a firearm, rifle or  shotgun;  or
 (iii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, ammu-
 nition  and  is a dealer in firearms or seller of ammunition who suffers
 the loss or theft of such ammunition shall within twenty-four  hours  of
 the discovery of the loss or theft report the facts and circumstances of
 the loss or theft to a police department or sheriff's office.
   3.  Notwithstanding  any  other provision of law, a violation of para-
 graph (a) of subdivision one of this section shall be [a class A  misde-
 meanor] PUNISHABLE ONLY BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
   § 34. Section 2509 of the surrogate's court procedure act, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
 § 2509. Firearms inventory
   Whenever,  by  regulation, rule or statute, a fiduciary or attorney of
 record IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX  must
 file  a  list of assets constituting a decedent's estate, such list must
 include a particularized  description  of  every  firearm,  shotgun  and
 rifle,  as  such  terms  are defined in section 265.00 of the penal law,
 that are part of such estate. Such list must be filed  with  the  surro-
 gate's  court  in  the county in which the estate proceeding, if any, is
 pending and a copy must be filed with the division of  criminal  justice
 services.
   § 35. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  879--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  ORTT,  AKSHAR, AMEDORE, BONACIC, FUNKE, GALLIVAN,
   GRIFFO, HELMING,  LARKIN,  MARCHIONE,  RANZENHOFER,  RITCHIE,  SEWARD,
   TEDISCO,  YOUNG -- read twice and ordered printed, and when printed to
   be committed to the Committee on Codes -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the criminal procedure law, the family court act, the
   domestic relations law, the general business law, the  judiciary  law,
   the mental hygiene law, the penal law and the surrogate's court proce-
   dure   act,  in  relation  to  limiting  the  application  of  certain
   provisions of law relating to  firearms  to  the  counties  of  Kings,
   Queens,  Richmond, New York and Bronx; and to repeal section 400.02 of
   the penal law relating to the statewide license and record database
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
 law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
 follows:
   2-a. Firearm, rifle or shotgun surrender order  IN  CERTAIN  COUNTIES.
 [Upon]  IN  THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
 UPON entry of a verdict of not responsible by reason of  mental  disease
 or defect, or upon the acceptance of a plea of not responsible by reason
 of  mental disease or defect, or upon a finding that the defendant is an
 incapacitated person pursuant to article seven hundred  thirty  of  this
 chapter, the court shall revoke the defendant's firearm license, if any,
 inquire  of  the  defendant  as  to  the  existence  and location of any
 firearm, rifle or shotgun owned  or  possessed  by  such  defendant  and
 direct  the  surrender  of  such  firearm,  rifle or shotgun pursuant to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision six of section 400.05 of the penal law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04769-04-7

 S. 879--B                           2
 
   § 2. Section 380.96 of the criminal procedure law, as added by chapter
 1 of the laws of 2013, is amended to read as follows:
 § 380.96 Obligation  of sentencing court IN CERTAIN COUNTIES pursuant to
            article four hundred of the penal law.
   [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
 UPON judgment of conviction of  any  offense  which  would  require  the
 seizure of firearms, shotguns or rifles from an individual so convicted,
 and  the  revocation  of  any license or registration issued pursuant to
 article four hundred of the penal law, the  judge  pronouncing  sentence
 shall  demand  surrender  of  any  such  license or registration and all
 firearms, shotguns and rifles. The failure to so demand surrender  shall
 not  effect  the  validity  of  any  revocation pursuant to article four
 hundred of the penal law.
   § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
 as amended by chapter 1 of the laws of 2013,  are  amended  to  read  as
 follows:
   1.  [Suspension]  MANDATORY  AND  PERMISSIVE  SUSPENSION  of  firearms
 license and ineligibility for such a license  upon  the  issuance  of  a
 temporary  order of protection. Whenever a temporary order of protection
 is issued pursuant to section eight hundred twenty-eight of  this  arti-
 cle, or IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
  pursuant to article four, five, six, seven or ten of this act:
   (a) the court shall suspend any such existing license possessed by the
 respondent,  order  the  respondent  ineligible  for such a license, and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal  law,]  of any or all firearms owned or possessed
 where the court receives information that gives the court good cause  to
 believe  that:  (i) the respondent has a prior conviction of any violent
 felony offense as defined in section 70.02 of the penal  law;  (ii)  the
 respondent  has previously been found to have willfully failed to obey a
 prior order of protection and such  willful  failure  involved  (A)  the
 infliction of physical injury, as defined in subdivision nine of section
 10.00 of the penal law, (B) the use or threatened use of a deadly weapon
 or  dangerous  instrument  as  those  terms  are defined in subdivisions
 twelve and thirteen of section 10.00 of the penal law, or  (C)  behavior
 constituting  any  violent felony offense as defined in section 70.02 of
 the penal law; or (iii) the respondent has a prior conviction for stalk-
 ing in the first degree as defined in section 120.60 of the  penal  law,
 stalking  in the second degree as defined in section 120.55 of the penal
 law, stalking in the third degree as defined in section  120.50  of  the
 penal  law or stalking in the fourth degree as defined in section 120.45
 of such law; and
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 respondent  may  use or threaten to use a firearm unlawfully against the
 person or persons for whose protection the temporary order of protection
 is issued, suspend any such existing license possessed by  the  respond-
 ent,  order  the respondent ineligible for such a license, and order the
 immediate surrender [pursuant to subparagraph (f) of  paragraph  one  of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the penal law,] of any or all firearms owned or possessed.
   2.  [Revocation]  MANDATORY AND PERMISSIVE REVOCATION or suspension of
 firearms license and ineligibility for such a license upon the  issuance
 of  an  order  of  protection. Whenever an order of protection is issued
 pursuant to section eight hundred forty-one of  this  part,  or  IN  THE

 S. 879--B                           3
 
 COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, pursuant to arti-
 cle four, five, six, seven or ten of this act:
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
 where the court finds that the conduct which resulted in the issuance of
 the  order of protection involved (i) the infliction of SERIOUS physical
 injury, as defined in subdivision [nine] TEN of  section  10.00  of  the
 penal  law, (ii) the use or threatened use of a deadly weapon or danger-
 ous instrument as those terms are defined  in  subdivisions  twelve  and
 thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
 ing  any violent felony offense as defined in section 70.02 of the penal
 law; and
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall, where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm unlawfully  against  the
 person  or  persons  for  whose  protection  the  order of protection is
 issued, (i) revoke any such existing license possessed by  the  respond-
 ent,  order  the  respondent ineligible for such a license and order the
 immediate surrender [pursuant to subparagraph (f) of  paragraph  one  of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the  penal  law,]  of  any  or  all  firearms owned or possessed or (ii)
 suspend or continue to suspend any such existing  license  possessed  by
 the  respondent, order the respondent ineligible for such a license, and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05 of the penal law,] of any or all firearms owned or possessed.
   3.  [Revocation]  MANDATORY AND PERMISSIVE REVOCATION or suspension of
 firearms license and ineligibility for such a license upon a finding  of
 a  willful  failure  to obey an order of protection or, IN THE COUNTY OF
 KINGS,  QUEENS,  RICHMOND,  NEW  YORK  OR  BRONX,  temporary  order   of
 protection.  Whenever  a  respondent has been found, pursuant to section
 eight hundred forty-six-a of this part to have willfully failed to  obey
 an order of protection or temporary order of protection issued [pursuant
 to  this  act  or  the domestic relations law, or] by this court or by a
 court of competent jurisdiction in another state, territorial or  tribal
 jurisdiction,  in  addition  to any other remedies available pursuant to
 section eight hundred forty-six-a of this part:
   (a) the court shall revoke any such existing license possessed by  the
 respondent,  order  the  respondent  ineligible  for such a license, and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal  law,]  of any or all firearms owned or possessed
 where the willful failure to obey such order involves (i) the infliction
 of SERIOUS physical injury, as defined  in  subdivision  [nine]  TEN  of
 section  10.00  of  the  penal  law, (ii) the use or threatened use of a
 deadly weapon or dangerous instrument as  those  terms  are  defined  in
 subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
 (iii) behavior constituting any violent felony  offense  as  defined  in
 section  70.02  of the penal law; or (iv) behavior constituting stalking
 in the first degree as defined in  section  120.60  of  the  penal  law,
 stalking  in the second degree as defined in section 120.55 of the penal
 law, stalking in the third degree as defined in section  120.50  of  the

 S. 879--B                           4
 
 penal  law or stalking in the fourth degree as defined in section 120.45
 of such law; and
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm unlawfully  against  the
 person  or  persons  for  whose  protection  the order of protection was
 issued, (i) revoke any such existing license possessed by  the  respond-
 ent,  order the respondent ineligible for such a license, whether or not
 the respondent possesses such a license, and order the immediate surren-
 der [pursuant to subparagraph (f) of paragraph one of subdivision  a  of
 section  265.20 and subdivision six of section 400.05 of the penal law,]
 of any or all firearms owned or  possessed  or  (ii)  suspend  any  such
 existing license possessed by the respondent, order the respondent inel-
 igible  for  such a license, and order the immediate surrender of any or
 all firearms owned or possessed.
   § 4. Section 846-a of the family court act, as amended by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 846-a. Powers on failure to obey order. If a respondent  is  brought
 before  the court for failure to obey any lawful order issued under this
 article or an order of protection or, IN THE COUNTY  OF  KINGS,  QUEENS,
 RICHMOND,  NEW  YORK  OR  BRONX,  temporary  order  of protection issued
 [pursuant to this act or issued] by a court of competent jurisdiction of
 another state, territorial or tribal jurisdiction and if, after hearing,
 the court is satisfied by competent proof that the respondent has  will-
 fully  failed  to  obey any such order, the court may modify an existing
 order or, IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK  OR  BRONX,
 temporary  order  of protection to add reasonable conditions of behavior
 to the existing order, make a new order of protection in accordance with
 section eight hundred forty-two of this part, may order  the  forfeiture
 of  bail  in  a manner consistent with article five hundred forty of the
 criminal procedure law if bail has been ordered pursuant  to  this  act,
 may  order  the respondent to pay the petitioner's reasonable and neces-
 sary counsel fees in connection with the violation  petition  where  the
 court  finds that the violation of its order was willful, and may commit
 the respondent to jail for a term not to exceed six months. Such commit-
 ment may be served upon certain specified days or parts of days  as  the
 court may direct, and the court may, at any time within the term of such
 sentence,  revoke  such  suspension  and  commit  the respondent for the
 remainder of the original sentence, or suspend  the  remainder  of  such
 sentence.  If the court determines that the willful failure to obey such
 order involves violent behavior constituting  the  crimes  of  menacing,
 reckless  endangerment,  assault  or  attempted  assault  and  if such a
 respondent is licensed to carry, possess, repair and dispose of firearms
 pursuant to section 400.00 of the penal law, the court  may  also  imme-
 diately  revoke such license and may arrange for the immediate surrender
 [pursuant to subparagraph (f) of  paragraph  one  of  subdivision  a  of
 section  265.20 and subdivision six of section 400.05 of the penal law,]
 and disposal of any firearm such respondent owns or  possesses.  If  the
 willful  failure  to  obey such order involves the infliction of SERIOUS
 physical injury as defined in subdivision [nine] TEN of section 10.00 of
 the penal law or the use or threatened use of a deadly weapon or danger-
 ous instrument, as those terms are defined in  subdivisions  twelve  and
 thirteen  of section 10.00 of the penal law, such revocation and immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion a of section 265.20 and subdivision six of section  400.05  of  the
 penal  law  six]  and  disposal  of  any  firearm  owned or possessed by

 S. 879--B                           5
 
 respondent shall be mandatory, pursuant to subdivision eleven of section
 400.00 of the penal law.
   §  5.  Section 446-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 446-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.    [Upon]  IN  THE COUNTIES OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 6. Section 552 of the family court act, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
   §  552.  Firearms;  surrender  and  license suspension, revocation and
 ineligibility; CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 7. Section 656-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:
   §  656-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 8. Section 780-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:
   §  780-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 9. Section 1056-a of the family court act, as added by chapter 1  of
 the laws of 2013, is amended to read as follows:
   §  1056-a.  Firearms; surrender and license suspension, revocation and
 ineligibility; CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make an order in accordance  with  section  eight
 hundred forty-two-a of this act.

 S. 879--B                           6
 
   §  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
 relations law, as amended by chapter 1 of the laws of 2013,  is  amended
 to read as follows:
   h.  Upon  issuance  of  an  order  of protection or temporary order of
 protection or upon a violation of such order, the court MAY AND, IN  THE
 COUNTIES  OF  KINGS,  QUEENS, RICHMOND, NEW YORK AND BRONX, shall make a
 determination regarding the suspension and revocation of  a  license  to
 carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
 ity for such a license and the surrender of firearms in accordance  with
 sections  eight hundred forty-two-a and eight hundred forty-six-a of the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant to this section or upon a finding of a violation  thereof,  the
 court  also may direct payment of restitution in an amount not to exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred forty-one of such act; provided, however, that in no case  shall
 an  order  of  restitution be issued where the court determines that the
 party against whom the order would be issued has already compensated the
 injured party or where such compensation  is  incorporated  in  a  final
 judgment or settlement of the action.
   §  11.  Subdivision 9 of section 252 of the domestic relations law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   9. Upon issuance of an order  of  protection  or  temporary  order  of
 protection  or upon a violation of such order, the court MAY AND, IN THE
 COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,  shall  make  a
 determination  regarding  the  suspension and revocation of a license to
 carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
 ity  for such a license and the surrender of firearms in accordance with
 sections eight hundred forty-two-a and eight hundred forty-six-a of  the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant  to  this section or upon a finding of a violation thereof, the
 court also may direct payment of restitution in an amount not to  exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred  forty-one of such act; provided, however, that in no case shall
 an order of restitution be issued where the court  determines  that  the
 party against whom the order would be issued has already compensated the
 injured  party  or  where  such  compensation is incorporated in a final
 judgment or settlement of the action.
   § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Suspension]  MANDATORY  AND PERMISSIVE SUSPENSION of firearms license
 and ineligibility for such a license upon issuance of temporary order of
 protection. Whenever a temporary order of protection is issued  pursuant
 to  subdivision  one  of  section  530.12  or subdivision one of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 defendant  may  use  or threaten to use a firearm unlawfully against the
 person or persons for whose protection the temporary order of protection
 is issued, suspend any such existing license possessed by the defendant,
 order the defendant ineligible for such a license and order the  immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion  a  of  section 265.20 and subdivision six of section 400.05 of the
 penal law,] of any or all firearms owned or possessed.

 S. 879--B                           7
 
   § 13. The opening paragraph and paragraph  (b)  of  subdivision  2  of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Revocation]  MANDATORY  AND  PERMISSIVE  REVOCATION  or suspension of
 firearms license and ineligibility for such a license upon  issuance  of
 an order of protection. Whenever an order of protection is issued pursu-
 ant to subdivision five of section 530.12 or subdivision four of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a firearm  unlawfully  against  the
 person  or  persons  for  whose  protection  the  order of protection is
 issued, (i) revoke any such existing license possessed by the defendant,
 order the defendant ineligible for such a license and order the  immedi-
 ate  surrender of any or all firearms owned or possessed or (ii) suspend
 or continue to suspend  any  such  existing  license  possessed  by  the
 defendant,  order  the defendant ineligible for such a license and order
 the immediate surrender [pursuant to subparagraph (f) of  paragraph  one
 of subdivision a of section 265.20 and subdivision six of section 400.05
 of the penal law,] of any or all firearms owned or possessed.
   §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
 section 530.14 of the criminal procedure law, as amended by chapter 1 of
 the laws of 2013, are amended to read as follows:
   [Revocation] MANDATORY AND  PERMISSIVE  REVOCATION  or  suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection. Whenever  a  defendant
 has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
 subdivision eight of section 530.13 of this article  to  have  willfully
 failed  to  obey  an  order of protection issued by a court of competent
 jurisdiction in this state  or  another  state,  territorial  or  tribal
 jurisdiction,  in  addition  to any other remedies available pursuant to
 subdivision eleven of section 530.12 or  subdivision  eight  of  section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a firearm  unlawfully  against  the
 person  or  persons  for  whose  protection  the order of protection was
 issued, (i) revoke any such existing license possessed by the defendant,
 order the defendant ineligible for such a license and order the  immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion  a  of  section 265.20 and subdivision six of section 400.05 of the
 penal law,] of any or all firearms owned or possessed  or  (ii)  suspend
 any  such existing license possessed by the defendant, order the defend-
 ant ineligible for such a license  and  order  the  immediate  surrender
 [pursuant  to  subparagraph  (f)  of  paragraph  one of subdivision a of
 section 265.20 and subdivision six of section 400.05 of the penal  law,]
 of any or all firearms owned or possessed.
   §  15.  The  article heading of article 39-DDD of the general business
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
         PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
                            IN CERTAIN COUNTIES
   §  16.  Subdivision  1  of section 898 of the general business law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   1. In addition to any other requirements pursuant to state and federal
 law, all sales, exchanges or disposals of firearms, rifles or  shotguns,

 S. 879--B                           8

 IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, shall be
 conducted  in accordance with this section unless such sale, exchange or
 disposal is conducted by a licensed importer, licensed  manufacturer  or
 licensed  dealer,  as those terms are defined in 18 USC § 922, when such
 sale, exchange or disposal is conducted pursuant to that person's feder-
 al firearms license or  such  sale,  exchange  or  disposal  is  between
 members of an immediate family. For purposes of this section, "immediate
 family"  shall  mean spouses, domestic partners, children and step-chil-
 dren.
   § 17. Paragraph (q) of subdivision 2 of section 212 of  the  judiciary
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (q) Adopt rules to  require  transmission,  to  the  criminal  justice
 information  services division of the federal bureau of investigation or
 to the division of criminal justice services,  of  the  name  and  other
 identifying  information of each person who has a guardian appointed for
 him or her pursuant to any provision of state law, based on  a  determi-
 nation  that  as  a  result  of  marked  subnormal  intelligence, mental
 illness, incapacity, condition or disease, he or she  lacks  the  mental
 capacity to contract or manage his or her own affairs. Any such records,
 RELATING  TO  PERSONS RESIDING IN THE COUNTY OF KINGS, QUEENS, RICHMOND,
 NEW YORK OR BRONX, transmitted directly to the federal bureau of  inves-
 tigation  must  also  be transmitted to the division of criminal justice
 services[, and any records received by the division of criminal  justice
 services pursuant to this paragraph may be checked against the statewide
 license and record database].
   §  18.  Subdivision  (j) of section 7.09 of the mental hygiene law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (j) (1) The commissioner, in cooperation with other  applicable  state
 agencies,  shall  collect,  retain  or modify data or records, and shall
 transmit such data or records: (i) to the division of  criminal  justice
 services,  or  to  the criminal justice information services division of
 the federal bureau of investigation, for the purposes of  responding  to
 queries to the national instant criminal background check system regard-
 ing  attempts  to  purchase or otherwise take possession of firearms, as
 defined in 18 USC 921(a)(3), in accordance with applicable federal  laws
 or  regulations,  or  (ii)  FOR PERSONS RESIDING IN THE COUNTY OF KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, to the division of criminal justice
 services, which may re-disclose such data and records only for determin-
 ing whether a license issued pursuant to section 400.00 of the penal law
 should be denied, suspended or revoked, under subdivision eleven of such
 section, or for determining whether a  person  is  no  longer  permitted
 under federal or state law to possess a firearm. Such records, which may
 not  be  used  for any other purpose, shall include only names and other
 non-clinical identifying information of persons who have  been  involun-
 tarily committed to a hospital pursuant to article nine of this chapter,
 [or  section four hundred two or subdivision two of section five hundred
 eight of the correction law,] or article seven hundred thirty or section
 330.20 of the criminal procedure law or sections 322.2 or 353.4  of  the
 family  court act, or to a secure treatment facility pursuant to article
 ten of this chapter.
   (2) The commissioner shall  establish  within  the  office  of  mental
 health  an administrative process to permit a person who has been or may
 be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
 922(4)(d) or who has been or may be disqualified from continuing to have
 a  license  to  carry,  possess,  repair,  or dispose of a firearm under

 S. 879--B                           9
 
 section 400.00 of the penal law because such person, WHO RESIDES IN  THE
 COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, was involuntarily
 committed or civilly confined to a facility under  the  jurisdiction  of
 the commissioner, to petition for relief from that disability where such
 person's  record  and  reputation  are such that such person will not be
 likely to act in a manner dangerous  to  public  safety  and  where  the
 granting  of  the  relief  would  not  be contrary to public safety. The
 commissioner shall promulgate regulations to establish the  relief  from
 disabilities  program,  which  shall  include,  but  not  be limited to,
 provisions providing for: (i) an opportunity for a  disqualified  person
 to  petition for relief in writing; (ii) the authority for the agency to
 require that the petitioner  undergo  a  clinical  evaluation  and  risk
 assessment;  and (iii) a requirement that the agency issue a decision in
 writing explaining the reasons for a denial  or  grant  of  relief.  The
 denial  of  a  petition  for relief from disabilities may be reviewed de
 novo pursuant to the proceedings  under  article  seventy-eight  of  the
 civil practice law and rules.
   §  19.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
 health  professional currently providing treatment services to a person,
 WHO RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 determines, in the exercise of reasonable  professional  judgment,  that
 such  person is likely to engage in conduct that would result in serious
 harm to self or others, he or she shall be required to report,  as  soon
 as practicable, to the director of community services, or the director's
 designee,  who shall report to the division of criminal justice services
 whenever he or she agrees that the person is likely to  engage  in  such
 conduct.  Information  transmitted  to  the division of criminal justice
 services shall be limited to names and  other  non-clinical  identifying
 information,  which  may  only be used for determining whether a license
 issued pursuant to section 400.00 of the penal law should  be  suspended
 or  revoked,  or  for  determining  whether a person is ineligible for a
 license issued pursuant to section 400.00 of the penal  law,  or  is  no
 longer permitted under state or federal law to possess a firearm.
   § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   22. "Assault weapon" means
   (a) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION,  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE  ACTION  OF
 THE WEAPON;
   (C) A BAYONET MOUNT;
   (D)  A  FLASH  SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
 FLASH SUPPRESSOR;
   (E) A GRENADE LAUNCHER; OR
   (II) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO  OF  THE  FOLLOWING
 CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
 THE WEAPON;
   (C) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   (D) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR

 S. 879--B                          10
 
   (III) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHA-
 BLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A)  AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
 PISTOL GRIP;
   (B) A THREADED BARREL CAPABLE OF ACCEPTING A  BARREL  EXTENDER,  FLASH
 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   (C)  A  SHROUD  THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE  FIREARM  WITH
 THE NONTRIGGER HAND WITHOUT BEING BURNED;
   (D)  A  MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
 UNLOADED;
   (E) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
 OR
   (IV) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR  RECEIVERS  OF  SUCH
 WEAPONS,  OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
 AS:
   (A) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
 MODELS);
   (B) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
   (C) BERETTA AR70 (SC-70);
   (D) COLT AR-15;
   (E) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
   (F) SWD M-10, M-11, M-11/9, AND M-12;
   (G) STEYR AUG;
   (H) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   (I) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR  TO)  THE  STREET
 SWEEPER AND STRIKER 12;
   (V) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: (A) ANY RIFLE,
 SHOTGUN  OR PISTOL THAT (I) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR
 SLIDE ACTION; (II) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (III) IS
 AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);
   (B) A SEMIAUTOMATIC RIFLE THAT CANNOT  ACCEPT  A  DETACHABLE  MAGAZINE
 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
   (C)  A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS OF
 AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
   (D) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A  DUPLICATE  THEREOF,
 SPECIFIED  IN  APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE.  THE  MERE
 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
 PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF  THIS  SUBDIVI-
 SION  LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
 NINETY-FOUR; AND
   (B)  (I) IN THE COUNTIES OF KINGS,  QUEENS,  RICHMOND,  NEW  YORK  AND
 BRONX,  a semiautomatic rifle that has an ability to accept a detachable
 magazine and has at least one of the following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a pistol grip  that  protrudes  conspicuously  beneath  the
 action of the weapon;
   [(iii)] (C) a thumbhole stock;
   [(iv)]  (D) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(v)] (E) a bayonet mount;

 S. 879--B                          11
 
   [(vi)] (F) a flash suppressor, muzzle break,  muzzle  compensator,  or
 threaded  barrel  designed  to  accommodate  a  flash suppressor, muzzle
 break, or muzzle compensator;
   [(vii)] (G) a grenade launcher; or
   [(b)]  (II)  a  semiautomatic  shotgun  that  has  at least one of the
 following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
   [(v)] (E) an ability to accept a detachable magazine; or
   [(c)] (III) a semiautomatic pistol that has an  ability  to  accept  a
 detachable  magazine  and  has  at least one of the following character-
 istics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)] (D) capacity to accept an ammunition magazine that attaches  to
 the pistol outside of the pistol grip;
   [(v)]  (E)  a  threaded barrel capable of accepting a barrel extender,
 flash suppressor, forward handgrip, or silencer;
   [(vi)] (F) a shroud that is attached to, or  partially  or  completely
 encircles,  the  barrel and that permits the shooter to hold the firearm
 with the non-trigger hand without being burned;
   [(vii)] (G) a manufactured weight of fifty ounces  or  more  when  the
 pistol is unloaded; or
   [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
 firearm;
   [(d)] (IV) a revolving cylinder shotgun;
   [(e)]  (V) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
 tomatic pistol or weapon defined in FORMER subparagraph (v) of paragraph
 (e) of subdivision twenty-two of section 265.00 of this chapter as added
 by chapter one hundred eighty-nine of  the  laws  of  two  thousand  and
 otherwise lawfully possessed pursuant to such chapter of the laws of two
 thousand prior to September fourteenth, nineteen hundred ninety-four;
   [(f)] (VI) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
 tomatic  pistol  or  weapon defined in THIS paragraph OR PARAGRAPH (a)[,
 (b) or (c)] of this subdivision, possessed prior to the date  of  enact-
 ment  of  [the]  chapter  ONE of the laws of two thousand thirteen which
 added this paragraph;
   [(g)] (VII) provided, however, that such term does not include:
   [(i)] (A) any rifle, shotgun or pistol  that  [(A)]  (I)  is  manually
 operated  by  bolt,  pump,  lever  or  slide action; [(B)] (II) has been
 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
 defined in 18 U.S.C.  921(a)(16);
   [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
 zine that holds more than five rounds of ammunition;
   [(iii)] (C) a semiautomatic shotgun that cannot hold  more  than  five
 rounds of ammunition in a fixed or detachable magazine; or
   [(iv)]  (D)  a  rifle,  shotgun or pistol, or a replica or a duplicate
 thereof, specified in Appendix A to 18 U.S.C. 922  as  such  weapon  was
 manufactured  on  October first, nineteen hundred ninety-three. The mere
 fact that a weapon is not listed in Appendix A shall not be construed to
 mean that such weapon is an assault weapon;

 S. 879--B                          12
 
   [(v)] (E)  any  weapon  validly  registered  pursuant  to  subdivision
 sixteen-a  of  section  400.00  of  this  chapter. Such weapons shall be
 subject to the provisions of [paragraph (h)] SUBPARAGRAPH (VIII) of this
 [subdivision] PARAGRAPH;
   [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
 least fifty years prior to the current date, but not including  replicas
 thereof  that is validly registered pursuant to subdivision sixteen-a of
 section 400.00 of this chapter;
   [(h)] (VIII) Any weapon defined in [paragraph (e) or (f)] SUBPARAGRAPH
 (V) OR (VI) of this [subdivision] PARAGRAPH and any large capacity ammu-
 nition feeding device that was legally possessed by an individual  prior
 to  the enactment of [the] chapter ONE of the laws of two thousand thir-
 teen which added this paragraph, may only be sold to, exchanged with  or
 disposed  of  to a purchaser authorized to possess such weapons or to an
 individual or entity outside of the state provided that any such  trans-
 fer  to an individual or entity outside of the state must be reported to
 the entity wherein the weapon is registered within seventy-two hours  of
 such  transfer.  An  individual  who  transfers any such weapon or large
 capacity ammunition device to an individual inside  New  York  state  or
 without  complying with the provisions of this paragraph shall be guilty
 of a class A misdemeanor unless such large capacity  ammunition  feeding
 device,  the possession of which is made illegal by [the] chapter ONE of
 the laws of two thousand thirteen which added this [paragraph]  SUBPARA-
 GRAPH,  is  transferred  within  one year of the effective date of [the]
 chapter ONE of the laws of two thousand thirteen which added this [para-
 graph] SUBPARAGRAPH.
   § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   23. "Large capacity ammunition feeding device" means a magazine, belt,
 drum, feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER  THIR-
 TIETH,  NINETEEN  HUNDRED  NINETY-FOUR, that [(a)] has a capacity of, or
 that can be readily restored or  converted  to  accept,  more  than  ten
 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
 tion,  or (c) is obtained after the effective date of the chapter of the
 laws of two thousand thirteen which amended this subdivision and  has  a
 capacity  of,  or  that  can be readily restored or converted to accept,
 more than seven rounds of ammunition]; provided, however, that such term
 does not include an attached tubular  device  designed  to  accept,  and
 capable  of  operating  only  with, .22 caliber rimfire ammunition [or a
 feeding device that is a curio or relic. A  feeding  device  that  is  a
 curio or relic is defined as a device that (i) was manufactured at least
 fifty  years  prior  to  the current date, (ii) is only capable of being
 used exclusively in a firearm, rifle, or shotgun that  was  manufactured
 at least fifty years prior to the current date, but not including repli-
 cas  thereof,  (iii) is possessed by an individual who is not prohibited
 by state or federal law from possessing a firearm and (iv) is registered
 with the division of state police pursuant to subdivision  sixteen-a  of
 section  400.00 of this chapter, except such feeding devices transferred
 into the state may be registered at any time, provided they  are  regis-
 tered within thirty days of their transfer into the state. Notwithstand-
 ing  paragraph (h) of subdivision twenty-two of this section, such feed-
 ing devices may be transferred provided  that  such  transfer  shall  be
 subject  to  the  provisions of section 400.03 of this chapter including
 the check required to be conducted pursuant to such section].
   § 22. Subdivision 24 of section 265.00 of the penal law, as  added  by
 chapter 1 of the laws of 2013, is amended to read as follows:

 S. 879--B                          13
 
   24. "Seller of ammunition" means any person, firm, partnership, corpo-
 ration  or company who engages in the business of purchasing, selling or
 keeping ammunition IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR
 BRONX.
   §  23.  The opening paragraph of section 265.01-b of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   A person is guilty of criminal possession of a firearm when he or she,
 BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR
 BRONX:    (1) possesses any firearm or; (2) lawfully possesses a firearm
 prior to the effective date of [the] chapter ONE  of  the  laws  of  two
 thousand  thirteen  which added this section subject to the registration
 requirements of subdivision sixteen-a of section 400.00 of this  chapter
 and  knowingly  fails to register such firearm pursuant to such subdivi-
 sion.
   § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20  of  the
 penal  law, paragraph 3 as amended and paragraph 7-f as added by chapter
 1 of the laws of 2013, are amended to read as follows:
   3. Possession of a pistol or revolver by a person to  whom  a  license
 therefor  has  been issued as provided under section 400.00 or 400.01 of
 this chapter or possession, IN THE COUNTY OF  KINGS,  QUEENS,  RICHMOND,
 NEW YORK OR BRONX, of a weapon as defined in SUBPARAGRAPH (V) OR (VI) OF
 paragraph  [(e)  or (f)] (B) of subdivision twenty-two of section 265.00
 of this article which is registered pursuant to paragraph (a) of  subdi-
 vision  sixteen-a of section 400.00 of this chapter or is included on an
 amended license issued pursuant to section 400.00 of  this  chapter.  In
 the  event  such license is revoked, other than because such licensee is
 no longer permitted to possess a firearm, rifle or shotgun under federal
 or state law, information sufficient  to  satisfy  the  requirements  of
 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
 mitted  by  the  licensing officer to the DIVISION OF state police, in a
 form as determined by the superintendent of state  police.  Such  trans-
 mission  shall  constitute  a  valid  registration  under  such section.
 Further provided, notwithstanding any other section  of  this  title,  a
 failure  to  register  such  weapon  by  an individual, IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, who  possesses  such  weapon
 before  the  enactment  of [the] chapter ONE of the laws of two thousand
 thirteen which amended this paragraph and may  so  lawfully  possess  it
 thereafter upon registration, shall only be subject to punishment pursu-
 ant  to paragraph (c) of subdivision sixteen-a of section 400.00 of this
 chapter; provided,  that  such  a  license  or  registration  shall  not
 preclude  a  conviction  for the offense defined in subdivision three of
 section 265.01 of this article or section 265.01-a of this article.
   7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
 device,  IN  THE  COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 that contains more than seven rounds of ammunition, but  that  does  not
 have  a  capacity  of  or can readily be restored or converted to accept
 more than ten rounds of ammunition, at an indoor or outdoor firing range
 located in or on premises owned  or  occupied  by  a  duly  incorporated
 organization organized for conservation purposes or to foster proficien-
 cy  in  arms;  at  an  indoor or outdoor firing range for the purpose of
 firing a rifle or shotgun; at a collegiate, olympic or  target  shooting
 competition  under  the  auspices  of  or approved by the national rifle
 association; or at an organized match sanctioned  by  the  International
 Handgun Metallic Silhouette Association.
   §  25.  The  opening  paragraph of section 265.36 of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:

 S. 879--B                          14
 
   It shall be unlawful for a person, IN THE  COUNTY  OF  KINGS,  QUEENS,
 RICHMOND, NEW YORK OR BRONX, to knowingly possess a large capacity ammu-
 nition feeding device manufactured before September thirteenth, nineteen
 hundred  ninety-four,  and  if such person lawfully possessed such large
 capacity  feeding  device before the effective date of [the] chapter ONE
 of the laws of two thousand thirteen which added this section, that  has
 a  capacity  of, or that can be readily restored or converted to accept,
 more than ten rounds of ammunition.
   § 26. The opening paragraph of section 265.37 of  the  penal  law,  as
 amended  by  section  2 of part FF of chapter 57 of the laws of 2013, is
 amended to read as follows:
   It shall be unlawful for a person to knowingly possess, IN THE  COUNTY
 OF  KINGS,  QUEENS,  RICHMOND,  NEW YORK OR BRONX, an ammunition feeding
 device where such device contains more than seven rounds of ammunition.
   § 27. The opening paragraph of section 265.45 of  the  penal  law,  as
 amended  by  section  3 of part FF of chapter 57 of the laws of 2013, is
 amended to read as follows:
   No person, RESIDING IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK
 OR BRONX, who owns or is custodian of a rifle, shotgun  or  firearm  who
 resides  with  an individual who such person knows or has reason to know
 is prohibited from possessing a firearm pursuant to 18 U.S.C.  §  922(g)
 (1),  (4), (8) or (9) shall store or otherwise leave such rifle, shotgun
 or firearm out of his or her immediate  possession  or  control  without
 having first securely locked such rifle, shotgun or firearm in an appro-
 priate  safe  storage depository or rendered it incapable of being fired
 by use of a gun locking device appropriate to that weapon. For  purposes
 of  this  section  "safe  storage depository" shall mean a safe or other
 secure container which, when locked, is incapable of being opened  with-
 out  the key, combination or other unlocking mechanism and is capable of
 preventing  an  unauthorized  person  from  obtaining  access   to   and
 possession of the weapon contained therein. With respect to a person who
 is  prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
 for purposes of this section, this section applies only if  such  person
 has  been  convicted  of  a crime included in subdivision one of section
 370.15 of the criminal procedure law and such gun  is  possessed  within
 five  years  from  the  later of the date of conviction or completion of
 sentence. Nothing in this section shall be deemed to affect,  impair  or
 supersede  any  special  or  local  act  relating to the safe storage of
 rifles, shotguns or firearms which impose additional requirements on the
 owner or custodian of such weapons.
   § 28. Subdivision 1 of section 400.00 of the penal law, as amended  by
 chapter 1 of the laws of 2013, is amended to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section  except  by  the licensing officer, and then only after investi-
 gation and finding that all statements in a  proper  application  for  a
 license  are  true.  No license shall be issued or renewed except for an
 applicant (a) twenty-one years of age or older, provided, however,  that
 where  such  applicant  has  been  honorably  discharged from the United
 States army, navy, marine corps,  air  force  or  coast  guard,  or  the
 national  guard  of the state of New York, no such age restriction shall
 apply; (b) of good moral character;  (c)  who  has  not  been  convicted
 anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
 from justice; (e) who is not an unlawful user  of  or  addicted  to  any
 controlled  substance as defined in section 21 U.S.C. 802; (f) who being
 an alien (i) is not illegally or unlawfully in the United States or (ii)
 has not been admitted to the United States  under  a  nonimmigrant  visa

 S. 879--B                          15
 
 subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
 discharged from the Armed Forces under dishonorable conditions; (h) who,
 having been a citizen of the United States, has not renounced his or her
 citizenship;  (i) who has stated whether he or she has ever suffered any
 mental illness; (j) who, BEING  A  RESIDENT  OF  THE  COUNTY  OF  KINGS,
 QUEENS,  RICHMOND, NEW YORK OR BRONX, has not been involuntarily commit-
 ted to a facility under the jurisdiction of an office of the  department
 of  mental  hygiene  pursuant  to  article nine or fifteen of the mental
 hygiene law, article seven hundred thirty or section 330.20 of the crim-
 inal procedure law, section four hundred two or five  hundred  eight  of
 the  correction  law, section 322.2 or 353.4 of the family court act, or
 has not been civilly confined in a secure treatment facility pursuant to
 article ten of the mental hygiene law; (k) who has  not  had  a  license
 revoked  or  who is not under a suspension or ineligibility order issued
 pursuant to the provisions of section 530.14 of the  criminal  procedure
 law or section eight hundred forty-two-a of the family court act; (l) in
 the  county  of  Westchester,  who has successfully completed a firearms
 safety course and test as  evidenced  by  a  certificate  of  completion
 issued  in his or her name and endorsed and affirmed under the penalties
 of perjury by a duly authorized instructor, except that: (i) persons who
 are honorably discharged from the United States army, navy, marine corps
 or coast guard, or of the national guard of the state of New  York,  and
 produce  evidence  of official qualification in firearms during the term
 of service are not required to have completed those hours of a  firearms
 safety  course pertaining to the safe use, carrying, possession, mainte-
 nance and storage of a firearm; and (ii) persons who  were  licensed  to
 possess  a  pistol or revolver prior to the effective date of this para-
 graph are not required to have completed a firearms  safety  course  and
 test;  (m)  who,  BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICH-
 MOND, NEW YORK OR BRONX, has not had a guardian appointed for him or her
 pursuant to any provision of state law, based on a determination that as
 a result of marked subnormal intelligence, mental  illness,  incapacity,
 condition or disease, he or she lacks the mental capacity to contract or
 manage  his  or  her  own affairs; and (n) concerning whom no good cause
 exists for the denial of the license. No  person  shall  engage  in  the
 business  of  gunsmith or dealer in firearms unless licensed pursuant to
 this section. An applicant to engage in such business shall  also  be  a
 citizen  of  the  United  States,  more than twenty-one years of age and
 maintain a place of business in the city or county where the license  is
 issued.  For  such  business, if the applicant is a firm or partnership,
 each member thereof shall comply with all of the requirements set  forth
 in  this subdivision and if the applicant is a corporation, each officer
 thereof shall so comply.
   § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
 law, as amended by chapter 1 of the laws of 2013, are amended to read as
 follows:
   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
 accessible 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

 S. 879--B                          16
 
 record,  the investigating officer shall take the fingerprints and phys-
 ical descriptive data in quadruplicate of each individual  by  whom  the
 application  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 corpo-
 rate 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,  Albany,  within ten days after issuance 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  investigation, the police
 authority shall report the results  to  the  licensing  officer  without
 unnecessary delay.
   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 of any  person  to  whom  an  application  for  any
 license has been granted shall be a public record. Upon application by a
 licensee who has changed his place of residence such records or applica-
 tions  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, Albany, within ten days after issuance of the license. The
 superintendent of state police may designate that such application shall
 be transmitted to the division of state police  electronically.  In  the
 event the superintendent of the division of state police 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

 S. 879--B                          17
 
 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 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 shall not  be  subject  to  disclosure
 pursuant to article six of the public officers law.]
   (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 ONE 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
 applicant  to  request an exception from his or her application informa-
 tion becoming public record pursuant to paragraph (a) of  this  subdivi-
 sion.  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 ONE 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 appli-
 cant an opportunity to specify 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
 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.

 S. 879--B                          18
 
   (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 ONE 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
 paragraph (b) of this subdivision, may be released only if such individ-
 uals 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]  LAW  and  rules.  Such proceeding must
 commence within thirty days after service of the written notice contain-
 ing the 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.
   10.  License:  expiration,  certification and renewal. (a) Any license
 for gunsmith or dealer in firearms and, in the city  of  New  York,  any

 S. 879--B                          19

 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
 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 WHO RESIDE IN THE COUNTIES  OF  NASSAU,  SUFFOLK  OR
 WESTCHESTER  shall  be recertified to the division of state police every
 five years thereafter. Any license TO SUCH A LICENSEE 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 DIVISION OF state police shall send a
 notice to all SUCH license holders who  have  not  recertified  by  such
 time.  Such recertification shall be in a form as approved by the super-
 intendent 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. The form may be in an elec-
 tronic 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] DIVISION OF state police [discover] DISCOVERS as a result  of
 the  recertification  process that a licensee failed to provide a change

 S. 879--B                          20
 
 of address, the [New York] DIVISION OF state police  shall  not  require
 the licensing officer to revoke such license.
   11. License: revocation and suspension. (a) The conviction of a licen-
 see  anywhere  of a felony or serious offense [or a licensee at any time
 becoming ineligible to obtain a license under this section] shall  oper-
 ate  as  a  revocation  of  the  license.  A  license  may be revoked or
 suspended as provided for in section 530.14 of  the  criminal  procedure
 law or section eight hundred forty-two-a of the family court act. Except
 for  a  license  issued  pursuant  to  section 400.01 of this article, a
 license may be revoked and cancelled at any time  in  the  city  of  New
 York,  and in the counties of Nassau and Suffolk, by the licensing offi-
 cer, and elsewhere than in the city of New York by any judge or  justice
 of  a  court  of  record; a license issued pursuant to section 400.01 of
 this article may be revoked and cancelled at any time by  the  licensing
 officer  or  any  judge  or  justice  of a court of record. The official
 revoking a license shall give written notice thereof without unnecessary
 delay to the executive department, division of state police, Albany, and
 shall also notify immediately the duly constituted police authorities of
 the locality.
   (b) Whenever the director of community services  IN  THE  COUNTIES  OF
 KINGS,  QUEENS,  RICHMOND,  NEW  YORK  AND BRONX, or his or her designee
 makes a report pursuant to section 9.46 of the mental hygiene  law,  the
 division  of  criminal  justice  services shall convey such information,
 whenever it determines that the person named in the report  possesses  a
 license  issued  pursuant  to this section, to the appropriate licensing
 official, who shall issue an order suspending or revoking such license.
   (c) In any instance in  which  a  person's  license  is  suspended  or
 revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
 shall surrender such license to the appropriate licensing  official  and
 any  and  all  firearms,  rifles, or shotguns owned or possessed by such
 person shall be surrendered to an appropriate law enforcement agency  as
 provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
 section 265.20 of this chapter. In  the  event  such  license,  firearm,
 shotgun,  or  rifle  is not surrendered, such items shall be removed and
 declared a nuisance and any  police  officer  or  peace  officer  acting
 pursuant  to  his  or her special duties is authorized to remove any and
 all such weapons.
   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 possess the same, or proof of lawful
 authority as an  exempt  person  pursuant  to  section  265.20  OF  THIS
 CHAPTER.    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 licen-
 see  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 possess,  or
 the  shield  or other number, if any, assignment and department, unit or

 S. 879--B                          21
 
 agency, 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  data-
 base  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 busi-
 ness 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 depart-
 ment, division of state police.
   § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
 the laws of 2013, is amended to read as follows:
   16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
 or (f)] SUBPARAGRAPH (V) OR (VI) OF PARAGRAPH (B) of  subdivision  twen-
 ty-two  of  section 265.00 of this chapter, WHO RESIDES IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, 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 regis-
 ter such weapon with the superintendent of state police, in  the  manner
 provided by the superintendent, or by amending a license issued pursuant
 to  this  section within one year of the effective date of this subdivi-
 sion except any weapon defined under [subparagraph (vi)] CLAUSE  (F)  OF
 SUBPARAGRAPH  (VII)  of paragraph [(g)] (B) 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 IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW
 YORK  OR  BRONX,  of any weapon defined under [subparagraph (vi)] CLAUSE
 (F) OF SUBPARAGRAPH (VII) of paragraph [(g)] (B) of subdivision  twenty-
 two  of  section 265.00 or a feeding device as defined under subdivision
 twenty-three of section 265.00 of this chapter  shall  be  transferable,
 provided  that  the  seller notifies the DIVISION OF state police within
 seventy-two hours of the transfer and the buyer provides the DIVISION OF
 state police with information sufficient to  constitute  a  registration
 under  this section. Such registration shall not be valid if such regis-
 trant is prohibited or becomes  prohibited  from  possessing  a  firearm
 pursuant  to  state  or  federal law. The superintendent shall determine
 whether such registrant is prohibited from possessing  a  firearm  under
 state or federal law. Such check shall be limited to determining whether
 the  factors  in  18  USC 922 (g) apply or whether a registrant has been

 S. 879--B                          22
 
 convicted of a serious offense as defined in  subdivision  sixteen-b  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] SUCH registrants shall
 recertify to the division of state police every five  years  thereafter.
 Failure to recertify shall result in a revocation of such registration.
   (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
 this subdivision, an owner, WHO RESIDES IN THE COUNTY OF KINGS,  QUEENS,
 RICHMOND, NEW YORK OR BRONX, 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 shall create  and  maintain  an
 internet  website  to  educate  the  public, WHO RESIDE IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, as  to  which  semiautomatic
 rifle,  semiautomatic shotgun or semiautomatic 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] SUCH public in recognizing the relevant 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 RESIDES IN THE COUNTY OF  KINGS,  QUEENS,  RICHMOND,
 NEW YORK OR BRONX, 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
 paragraph  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.
   § 31. Section 400.02 of the penal law is REPEALED.
   § 32. Section 400.03 of the penal law, as added by chapter  1  of  the
 laws of 2013, is amended to read as follows:
 § 400.03 Sellers of ammunition.
   1.  A  seller  of  ammunition as defined in subdivision twenty-four of
 section 265.00 of this chapter DOING BUSINESS IN THE  COUNTY  OF  KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, shall register with the superinten-
 dent  of  state  police  in a manner provided by the superintendent. Any
 dealer in firearms that is validly licensed pursuant to  section  400.00
 of this article shall not be required to complete such registration.
   2.  Any  seller  of ammunition or dealer in firearms DOING BUSINESS IN
 THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, shall  keep  a
 record  book  approved as to form by the superintendent of state police.
 In the record book shall be entered at the  time  of  every  transaction
 involving  ammunition  the  date, name, age, occupation and residence of
 any person from whom ammunition is received or  to  whom  ammunition  is

 S. 879--B                          23
 
 delivered,  and  the  amount,  calibre,  manufacturer's  name and serial
 number, or if none, any other distinguishing  number  or  identification
 mark  on  such  ammunition.  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 or her special duties, or police officer. Any record produced pursu-
 ant to this section and any transmission thereof to any government agen-
 cy  shall  not be considered a public record for purposes of article six
 of the public officers law.
   3. [No later than thirty days after the superintendent  of  the  state
 police  certifies  that the statewide license and record database estab-
 lished pursuant to section 400.02 of this article is operational for the
 purposes of this section, a] A dealer in firearms licensed  pursuant  to
 section  400.00  of  this  article, a seller of ammunition as defined in
 subdivision twenty-four of section 265.00 of this chapter DOING BUSINESS
 IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,  shall  not
 transfer  any  ammunition  to  any  other  person who is not a dealer in
 firearms as defined in subdivision nine of  such  section  265.00  or  a
 seller  of  ammunition  as defined in subdivision twenty-four of section
 265.00 of this chapter, unless:
   (a) before the completion of the  transfer,  the  licensee  or  seller
 contacts  the  [statewide license and record database] SUPERINTENDENT OF
 STATE POLICE and provides the [database] SUPERINTENDENT with information
 sufficient to identify such dealer or seller, transferee based on infor-
 mation on the transferee's identification document as defined  in  para-
 graph  (c) of this subdivision, as well as the amount, calibre, manufac-
 turer's name and serial number, if any, of such ammunition;
   (b) the [system] SUPERINTENDENT provides the licensee or seller with a
 unique identification number; and
   (c) the transferor has verified the  identity  of  the  transferee  by
 examining a valid state identification document of the transferee issued
 by  the department of motor vehicles or if the transferee is not a resi-
 dent of the state of New York, a valid identification document issued by
 the transferee's state or country of residence containing  a  photograph
 of the transferee.
   4.  If  the  [database] SUPERINTENDENT OF STATE POLICE determines that
 the purchaser of ammunition is eligible to possess  ammunition  pursuant
 to state and federal laws, [the system] HE OR SHE shall:
   (a) assign a unique identification number to the transfer; and
   (b) provide the licensee or seller with the number.
   5.  If  the  [statewide license and record database] SUPERINTENDENT OF
 STATE POLICE notifies the licensee or seller that the information avail-
 able [to the database] does not demonstrate that the receipt of  ammuni-
 tion  by  such other person would violate 18 U.S.C. 922(g) or state law,
 and the licensee transfers ammunition to such other person, the licensee
 shall indicate to the [database] SUPERINTENDENT  that  such  transaction
 has  been completed at which point a record of such transaction shall be
 created which shall be accessible by the division of  state  police  and
 maintained  for  no  longer than one year from point of purchase[, which
 shall not be incorporated into  the  database  established  pursuant  to
 section  400.02  of this article or the registry established pursuant to
 subdivision sixteen-a of section 400.00 of this article].  The  division
 of  state police may share such information with a local law enforcement
 agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
 establish  probable  cause to believe that the purchaser has committed a
 crime absent other information tending to  prove  the  commission  of  a

 S. 879--B                          24
 
 crime.  Records assembled or accessed pursuant to this section shall not
 be subject to disclosure pursuant to article six of the public  officers
 law.  This  requirement  of  this section shall not apply (i) if a back-
 ground  check  cannot be completed because the system is not operational
 as determined by the superintendent of state police, or where it  cannot
 be  accessed  by  the  practitioner  due to a temporary technological or
 electrical failure, as set forth in regulation,  or  (ii)  a  dealer  or
 seller  has  been granted a waiver from conducting such background check
 if the superintendent of state police determines  that  such  dealer  is
 incapable  of  such  check 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 such superintendent.
   6. If the superintendent of state  police  certifies  that  background
 checks  of  ammunition  purchasers IN THE COUNTY OF KINGS, QUEENS, RICH-
 MOND, NEW YORK OR BRONX may be conducted through  the  national  instant
 criminal  background  check  system,  use  of that system by a dealer or
 seller shall be sufficient to satisfy subdivisions four and five of this
 section and such checks shall be conducted through such system, provided
 that a record of such transaction shall be forwarded to the state police
 in a form determined by the superintendent.
   7. No commercial transfer of ammunition shall take place IN THE COUNTY
 OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX unless a  licensed  dealer
 in  firearms  or registered seller of ammunition acts as an intermediary
 between the transferor and the ultimate transferee of the ammunition for
 the purposes of contacting the statewide  license  and  record  database
 pursuant  to  this  section. Such transfer between the dealer or seller,
 and transferee must occur in person.
   8. A seller of ammunition who  fails  to  register  pursuant  to  this
 section  and sells ammunition, for a first offense, shall be guilty of a
 violation and subject to the fine of one  thousand  dollars  and  for  a
 second offense, shall be guilty of a class A misdemeanor.
   A seller of ammunition that fails to keep any record required pursuant
 to  this section, for a first offense shall be guilty of a violation and
 subject to a fine of five hundred dollars,  and  for  a  second  offense
 shall  be  guilty of a class B misdemeanor, and the registration of such
 seller shall be revoked.
   § 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
 400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
 are amended to read as follows:
   (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
 on;  (ii)  IN  THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 ammunition as well as a firearm, rifle or shotgun who suffers  the  loss
 or  theft  of such ammunition as well as a firearm, rifle or shotgun; or
 (iii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, ammu-
 nition and is a dealer in firearms or seller of ammunition  who  suffers
 the  loss  or theft of such ammunition shall within twenty-four hours of
 the discovery of the loss or theft report the facts and circumstances of
 the loss or theft to a police department or sheriff's office.
   3. Notwithstanding any other provision of law, a  violation  of  para-
 graph  (a) of subdivision one of this section shall be [a class A misde-
 meanor] PUNISHABLE ONLY BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
   § 34. Section 2509 of the surrogate's court procedure act, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
 § 2509. Firearms inventory

 S. 879--B                          25
 
   Whenever, by regulation, rule or statute, a fiduciary or  attorney  of
 record  IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX must
 file a list of assets constituting a decedent's estate, such  list  must
 include  a  particularized  description  of  every  firearm, shotgun and
 rifle,  as  such  terms  are defined in section 265.00 of the penal law,
 that are part of such estate. Such list must be filed  with  the  surro-
 gate's  court  in  the county in which the estate proceeding, if any, is
 pending and a copy must be filed with the division of  criminal  justice
 services.
   § 35. This act shall take effect immediately.