NY State Senate Bill 2017-S9191

Senate Bill S9191

2017-2018 Legislative Session

Relates to requiring social media and search engine reviews prior to the approval of an application or renewal of a license to carry or possess a pistol or revolver

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 14, 2018	referred to rules

2017-S9191 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S1413

2017-S9191 (ACTIVE) - Summary

Relates to requiring social media and search engine reviews prior to the approval of an application or renewal of a license to carry or possess a pistol or revolver; requires a person applying for a license to carry or possess a pistol or revolver or a renewal of such license to consent to having his or her social media accounts and search engine history reviewed and investigated for certain posts and/or searches over a period of 1-3 years prior to the approval of such application or renewal; defines terms.

2017-S9191 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9191

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the penal law, in relation to requiring social media and
search engine reviews prior to the approval of an application or renewal
of a license to carry or possess a pistol or revolver

 
PURPOSE OR GENERAL IDEA OF BILL:

To require law enforcement agencies to review the internet and social
media accounts of any individual prior to granting or renewing a handgun
permit in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Paragraph (a) of subdivision 3, subdivision 4, and paragraph
(b) of subdivision 10 of section 400.00 of the penal law, paragraph (a)
of subdivision 4 as amended and paragraph (b) of subdivision 10 as added
by chapter 1 of the laws of 2013 are amended

Section 2. This act shall take effect on the ninetieth day after it
shall have become law. Effective immediately the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

 
JUSTIFICATION:

In light of the "Tree of Life" synagogue massacre in Pittsburg,
strengthening gun policies has become the topic of conversation for
everyone. In this and other mass shootings, authorities have noticed a
trend. The shooters posted numerous instances of explicit content to
social media sites that both promoted and encouraged violence against
people. In many of the cases, the content was not reported until after
the crime was committed.

Although New York State has some of the strictest gun laws in the coun-
try, we can no longer provide protection to gun owners at the expense of
the rest of society. New York State is a "May Issue" policy state and
the issuance of a pistol permit is at the discretion of the issuing
officer. This legislation will give them an added line of defense to
decipher who may be capable of purchasing a pistol with ill intentions
to harm others.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law

2017-S9191 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9191
 
                             I N  S E N A T E
 
                             November 14, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to requiring social media and
   search engine reviews prior to  the  approval  of  an  application  or
   renewal of a license to carry or possess a pistol or revolver

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3, subdivision  4,  and  para-
 graph  (b)  of  subdivision 10 of section 400.00 of the penal law, para-
 graph (a) of subdivision 3 and subdivision 4 as  amended  and  paragraph
 (b)  of  subdivision  10  as added by chapter 1 of the laws of 2013, are
 amended to read as follows:
   (a) Applications shall be made and renewed, in the case of  a  license
 to  carry  or  possess a pistol or revolver, to the licensing officer in
 the city or county, as the case may be, where the applicant resides,  is
 principally  employed  or  has his or her principal place of business as
 merchant or storekeeper; and, in the case of a license  as  gunsmith  or
 dealer  in  firearms, to the licensing officer where such place of busi-
 ness is located. Blank applications shall, except in  the  city  of  New
 York,  be  approved as to form by the superintendent of state police. An
 application shall state the full name, date of birth, residence, present
 occupation of each person or individual signing the same, whether or not
 he or she is a citizen of the United States, whether or not  he  or  she
 complies  with each requirement for eligibility specified in subdivision
 one of this section, CONSENT TO HAVE HIS OR HER  SOCIAL  MEDIA  ACCOUNTS
 AND SEARCH ENGINE HISTORY REVIEWED AND INVESTIGATED PURSUANT TO SUBDIVI-
 SION  FOUR  OF  THIS SECTION, and such other facts as may be required to
 show the good character, competency and  integrity  of  each  person  or
 individual  signing  the application. An application shall be signed and
 verified by the applicant. Each individual signing an application  shall
 submit  one  photograph  of  himself or herself and a duplicate for each
 required copy of the application. Such photographs shall have been taken
 within thirty days prior to filing the application. In case of a license
 as gunsmith or dealer in firearms, the photographs  submitted  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16703-01-8

 S. 9191                             2
 
 two  inches  square,  and  the application shall also state the previous
 occupation of each individual signing the same and the location  of  the
 place  of  such business, or of the bureau, agency, subagency, office or
 branch  office  for  which the license is sought, specifying the name of
 the city, town or village, indicating the street and number  and  other-
 wise giving such apt description as to point out reasonably the location
 thereof. In such case, if the applicant is a firm, partnership or corpo-
 ration,  its  name,  date and place of formation, and principal place of
 business shall be stated. For such firm or partnership, the  application
 shall  be  signed and verified by each individual composing or intending
 to compose the same, and for such corporation, by each officer thereof.
   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 acces-
 sible 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  physical
 descriptive  data in quadruplicate of each individual by whom the appli-
 cation 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 corporate
 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.   IN ORDER  TO  ASCERTAIN  WHETHER  ANY  SOCIAL  MEDIA
 ACCOUNT OR SEARCH ENGINE HISTORY OF AN APPLICANT PRESENTS ANY GOOD CAUSE
 FOR  THE  DENIAL  OF  A  LICENSE, THE INVESTIGATING OFFICER SHALL, AFTER

 S. 9191                             3
 
 OBTAINING THE APPLICANT'S CONSENT PURSUANT TO SUBDIVISION THREE OF  THIS
 SECTION,  AND  OBTAINING  ANY  LOG-IN  NAME, PASSWORD OR OTHER MEANS FOR
 ACCESSING A PERSONAL  ACCOUNT,  SERVICE,  OR  ELECTRONIC  COMMUNICATIONS
 DEVICE  NECESSARY  TO  REVIEW SUCH APPLICANT'S SOCIAL MEDIA ACCOUNTS AND
 SEARCH ENGINE HISTORY, REVIEW AN APPLICANT'S SOCIAL MEDIA  ACCOUNTS  FOR
 THE PREVIOUS THREE YEARS AND SEARCH ENGINE HISTORY FOR THE PREVIOUS YEAR
 AND INVESTIGATE AN APPLICANT'S POSTS OR SEARCHES RELATED TO (I) COMMONLY
 KNOWN PROFANE SLURS OR BIASED LANGUAGE USED TO DESCRIBE THE RACE, COLOR,
 NATIONAL  ORIGIN,  ANCESTRY,  GENDER, RELIGION, RELIGIOUS PRACTICE, AGE,
 DISABILITY OR SEXUAL ORIENTATION  OF  A  PERSON;  (II)  THREATENING  THE
 HEALTH  OR  SAFETY OF ANOTHER PERSON; (III) AN ACT OF TERRORISM; OR (IV)
 ANY OTHER ISSUE DEEMED NECESSARY BY THE INVESTIGATING OFFICER.  FOR  THE
 PURPOSES OF THIS SUBDIVISION, "SOCIAL MEDIA ACCOUNTS" SHALL ONLY INCLUDE
 FACEBOOK,  SNAPCHAT,  TWITTER  AND  INSTAGRAM, AND "SEARCH ENGINE" SHALL
 ONLY INCLUDE GOOGLE, YAHOO AND BING. Upon  completion  of  the  investi-
 gation,  the  police authority shall report the results to the licensing
 officer without unnecessary delay.
   (b) All licensees shall be recertified to the division of state police
 every five years thereafter. Any license  issued  before  the  effective
 date  of  [the]  chapter 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 state police shall send a notice to all  license
 holders  who  have  not  recertified  by such time. Such recertification
 shall be in a form as approved by the superintendent  of  state  police,
 which  shall  request  the license holder's name, date of birth, gender,
 race, residential address, social security number, CONSENT TO  HAVE  HIS
 OR  HER  SOCIAL  MEDIA  ACCOUNTS  AND SEARCH ENGINE HISTORY REVIEWED AND
 INVESTIGATED, 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
 electronic  form if so designated by the superintendent of state police.
 Failure to recertify shall act as a revocation of such license.  If  the
 New  York state police discover as a result of the recertification proc-
 ess that a licensee failed to provide a change of address, the New  York
 state  police  shall  not  require  the licensing officer to revoke such
 license.  IN ORDER TO ASCERTAIN WHETHER  ANY  SOCIAL  MEDIA  ACCOUNT  OR
 SEARCH  ENGINE  HISTORY  OF  A  LICENSEE PRESENTS ANY GOOD CAUSE FOR THE
 REVOCATION OF A LICENSE, THE NEW YORK STATE POLICE SHALL, AFTER  OBTAIN-
 ING  THE  LICENSEE'S CONSENT PURSUANT TO THIS SUBDIVISION, AND OBTAINING
 ANY LOG-IN NAME, PASSWORD  OR  OTHER  MEANS  FOR  ACCESSING  A  PERSONAL
 ACCOUNT,  SERVICE,  OR  ELECTRONIC  COMMUNICATIONS  DEVICE  NECESSARY TO
 REVIEW SUCH LICENSEE'S SOCIAL MEDIA ACCOUNTS AND SEARCH ENGINE  HISTORY,
 REVIEW  A  LICENSEE'S SOCIAL MEDIA ACCOUNTS FOR THE PREVIOUS THREE YEARS
 AND SEARCH ENGINE HISTORY FOR THE PREVIOUS YEAR AND INVESTIGATE POSTS OR
 SEARCHES RELATED TO (I) COMMONLY KNOWN PROFANE SLURS OR BIASED  LANGUAGE
 USED  TO  DESCRIBE  THE  RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER,
 RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF A
 PERSON; (II) THREATENING THE HEALTH OR SAFETY OF ANOTHER  PERSON;  (III)
 AN ACT OF TERRORISM; OR (IV) ANY OTHER ISSUE DEEMED NECESSARY BY THE NEW
 YORK  STATE  POLICE. FOR THE PURPOSES OF THIS SUBDIVISION, "SOCIAL MEDIA
 ACCOUNTS" SHALL ONLY INCLUDE FACEBOOK, SNAPCHAT, TWITTER AND  INSTAGRAM,
 AND  "SEARCH  ENGINE"  SHALL  ONLY  INCLUDE GOOGLE, YAHOO AND BING. UPON
 COMPLETION OF THE INVESTIGATION, THE NEW YORK STATE POLICE SHALL  REPORT
 THE RESULTS TO THE LICENSEE WITHOUT UNNECESSARY DELAY.

 S. 9191                             4

   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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