S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1701
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced  by  M.  of A. HAWLEY, B. MILLER, DiPIETRO, GIGLIO, LAWRENCE,
   MORINELLO, CROUCH -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  licenses  to  carry  and
   possess firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
 amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
 follows:
   2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
 shall  be  issued  to engage in such business. A license for a pistol or
 revolver, other than an assault weapon or  a  disguised  gun,  shall  be
 issued  to [(a) have and] possess [in his dwelling by a householder; (b)
 have and possess in his place of business by a merchant or  storekeeper;
 (c) have] and carry concealed [while so employed by a messenger employed
 by  a  banking  institution  or  express  company;  (d)  have  and carry
 concealed by a justice of the supreme court in the first or second judi-
 cial departments, or by a judge of the New York city civil court or  the
 New  York  city  criminal  court;  (e) have and carry concealed while so
 employed by a regular employee of an institution of the state, or of any
 county, city, town or  village,  under  control  of  a  commissioner  of
 correction  of  the city or any warden, superintendent or head keeper of
 any state prison, penitentiary, workhouse, county jail or other institu-
 tion for the detention of persons convicted or accused of crime or  held
 as witnesses in criminal cases, provided that application is made there-
 for  by  such  commissioner,  warden, superintendent or head keeper; (f)
 have and carry concealed,] without regard  to  employment  or  place  of
 possession[,  by  any  person  when proper cause exists for the issuance
 thereof; and (g) have, possess, collect and carry antique pistols  which
 are  defined as follows: (i) any single shot, muzzle loading pistol with
 a matchlock, flintlock, percussion cap,  or  similar  type  of  ignition

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

                                                            LBD02369-01-9

 A. 1701                             2

 system  manufactured  in or before l898, which is not designed for using
 rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
 ca of any pistol described in clause (i) hereof if such replica--
   (1)  is  not  designed or redesigned for using rimfire or conventional
 centerfire fixed ammunition, or
   (2) uses rimfire or conventional centerfire fixed ammunition which  is
 no  longer  manufactured  in  the United States and which is not readily
 available in the ordinary channels of commercial trade].
   § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (a) Applications shall be made and renewed, in the case of  a  license
 to carry [or] AND possess a pistol or revolver, to the licensing officer
 in  the city or county, as the case may be, where the applicant resides,
 is principally employed or has his or her principal place of business as
 merchant or storekeeper; and, in the case of a license  as  gunsmith  or
 dealer  in  firearms, to the licensing officer where such place of busi-
 ness is located. Blank applications shall, except in  the  city  of  New
 York,  be  approved as to form by the superintendent of state police. An
 application shall state the full name, date of birth, residence, present
 occupation of each person or individual signing the same, whether or not
 he or she is a citizen of the United States, whether or not  he  or  she
 complies  with each requirement for eligibility specified in subdivision
 one of this section and such other facts as may be required to show  the
 good  character,  competency  and integrity of each person or individual
 signing the application. An application shall be signed and verified  by
 the  applicant.  Each individual signing an application shall submit one
 photograph of himself or herself and a duplicate for each required  copy
 of the application. Such photographs shall have been taken within thirty
 days  prior  to filing the application. In case of a license as gunsmith
 or dealer in firearms, the photographs submitted  shall  be  two  inches
 square,  and the application shall also state the previous occupation of
 each individual signing the same and the location of the place  of  such
 business,  or  of the bureau, agency, subagency, office or branch office
 for which the license is sought, specifying the name of the  city,  town
 or  village,  indicating the street and number and otherwise giving such
 apt description as to point out reasonably the location thereof. In such
 case, if the applicant is a firm, partnership or corporation, its  name,
 date  and  place  of formation, and principal place of business shall be
 stated. For such firm or partnership, the application  shall  be  signed
 and  verified  by  each individual composing or intending to compose the
 same, and for such corporation, by each officer thereof.
   § 3. Subdivision 6 of section 400.00 of the penal law, as  amended  by
 chapter 318 of the laws of 2002, is amended to read as follows:
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance.    No  license shall be transferable to any other person or prem-
 ises. A license to carry [or] AND possess a  pistol  or  revolver[,  not
 otherwise limited as to place or time of possession,] shall be effective
 throughout the state, except that the same shall not be valid within the
 city  of New York unless a special permit granting validity is issued by
 the police commissioner of that city. Such license  to  carry  [or]  AND
 possess  shall  be valid within the city of New York in the absence of a
 permit issued by the police commissioner of that city, provided that (a)
 the firearms covered by such license have been purchased from a licensed
 dealer within the city of New York and are being transported out of said

 A. 1701                             3
 
 city forthwith and immediately from said dealer by  the  licensee  in  a
 locked container during a continuous and uninterrupted trip; or provided
 that  (b)  the firearms covered by such license are being transported by
 the  licensee in a locked container and the trip through the city of New
 York is continuous and uninterrupted; or provided that (c) the  firearms
 covered  by  such  license  are  carried  by armored car security guards
 transporting money or other valuables, in, to, or  from  motor  vehicles
 commonly  known  as armored cars, during the course of their employment;
 or provided that (d) the licensee is a retired police officer as  police
 officer  is  defined pursuant to subdivision thirty-four of section 1.20
 of the criminal procedure law or a retired federal law enforcement offi-
 cer, as defined in section 2.15 of the criminal procedure law,  who  has
 been  issued  a license by an authorized licensing officer as defined in
 subdivision ten of section 265.00 of this  chapter;  provided,  further,
 however,  that if such license was not issued in the city of New York it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the license shall be  deemed  to  permit  only  police  or  federal  law
 enforcement  regulations weapons; or provided that (e) the licensee is a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal procedure law and the license, if issued by other than the city  of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such  case  the exemption shall apply only to the firearm issued to such
 licensee by the  department  of  taxation  and  finance.  A  license  as
 gunsmith  or  dealer  in firearms shall not be valid outside the city or
 county, as the case may be, where issued.
   § 4. Subdivision 7 of section 400.00 of the penal law  is  amended  to
 read as follows:
   7.  License:  form. Any license issued pursuant to this section shall,
 except in the city of New York, be approved as to  form  by  the  super-
 intendent  of state police. A license to carry [or] AND possess a pistol
 or revolver shall have attached the licensee's photograph, and a  coupon
 which shall be removed and retained by any person disposing of a firearm
 to  the licensee. Such license shall specify the weapon covered by cali-
 bre, make, model, manufacturer's name and serial number, or if none,  by
 any other distinguishing number or identification mark[, and shall indi-
 cate  whether  issued to carry on the person or possess on the premises,
 and if on the premises shall also specify the place where  the  licensee
 shall  possess the same]. If such license is issued to an alien, or to a
 person not a citizen of and usually a resident in the state, the licens-
 ing officer shall state in the license the  particular  reason  for  the
 issuance  and  the names of the persons certifying to the good character
 of the applicant. Any license as gunsmith or dealer  in  firearms  shall
 mention  and  describe  the premises for which it is issued and shall be
 valid only for such premises.
   § 5. Subdivision 9 of section 400.00 of the penal law, as  amended  by
 chapter 1 of the laws of 2013, is amended to read as follows:
   9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
 person licensed to carry [or] AND possess a pistol or revolver may apply
 at any time to his or her licensing officer for amendment of his or  her
 license  to  include  one or more such weapons or to cancel weapons held
 under license. If granted, a record  of  the  amendment  describing  the
 weapons  involved  shall be filed by the licensing officer in the execu-
 tive department, division of state police, Albany. The superintendent of
 state police may authorize that such amendment be completed  and  trans-
 mitted  to  the  state  police in electronic form.   Notification of any

 A. 1701                             4
 
 change of residence shall be made in writing by any licensee within  ten
 days  after  such  change  occurs,  and a record of such change shall be
 inscribed by such licensee on the reverse side of his  or  her  license.
 Elsewhere  than  in  the city of New York, and in the counties of Nassau
 and Suffolk, such notification shall be made to  the  executive  depart-
 ment,  division  of state police, Albany, and in the city of New York to
 the police commissioner of that city, and in the county of Nassau to the
 police commissioner of that county, and in the county of Suffolk to  the
 licensing  officer of that county, who shall, within ten days after such
 notification shall be received by him or her, give notice in writing  of
 such  change  to  the executive department, division of state police, at
 Albany.
   § 6. Paragraph (a) of subdivision 10 of section 400.00  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (a) Any license for gunsmith or dealer in firearms and, in the city of
 New York, any license to carry [or] AND possess a  pistol  or  revolver,
 issued at any time pursuant to this section or prior to the first day of
 July,  nineteen  hundred  sixty-three  and  not  limited to expire on an
 earlier date fixed in the license, shall  expire  not  more  than  three
 years after the date of issuance. In the counties of Nassau, Suffolk and
 Westchester, any license to carry [or] AND possess a pistol or revolver,
 issued at any time pursuant to this section or prior to the first day of
 July,  nineteen  hundred  sixty-three  and  not  limited to expire on an
 earlier date fixed in the license, shall expire not more than five years
 after the date of issuance; however, in the county of  Westchester,  any
 such  license  shall  be  certified prior to the first day of April, two
 thousand, in accordance with a schedule to be contained  in  regulations
 promulgated  by  the  commissioner  of  the division of criminal justice
 services, and every such license shall be recertified every  five  years
 thereafter.  For  purposes of this section certification shall mean that
 the licensee shall provide to the licensing officer the following infor-
 mation only:   current name, date of birth,  current  address,  and  the
 make,  model,  caliber  and  serial  number  of  all  firearms currently
 possessed. Such certification information shall be filed by the  licens-
 ing  officer  in  the same manner as an amendment. Elsewhere than in the
 city of New York and the counties of Nassau,  Suffolk  and  Westchester,
 any  license  to  carry [or] AND possess a pistol or revolver, issued at
 any time pursuant to this section or prior to the  first  day  of  July,
 nineteen  hundred  sixty-three  and not previously revoked or cancelled,
 shall be in force and effect  until  revoked  as  herein  provided.  Any
 license  not  previously cancelled or revoked shall remain in full force
 and effect for thirty days beyond the stated  expiration  date  on  such
 license.  Any  application  to  renew  a license that has not previously
 expired, been revoked or cancelled shall thereby extend the term of  the
 license  until  disposition of the application by the licensing officer.
 In the case of a license for gunsmith or dealer in firearms, in counties
 having a population of  less  than  two  hundred  thousand  inhabitants,
 photographs and fingerprints shall be submitted on original applications
 and  upon  renewal thereafter only at six year intervals. Upon satisfac-
 tory proof that a currently valid original license has  been  despoiled,
 lost  or  otherwise removed from the possession of the licensee and upon
 application containing an additional photograph  of  the  licensee,  the
 licensing officer shall issue a duplicate license.
   §  7. Subdivision 12 of section 400.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:

 A. 1701                             5
 
   12. Records required of gunsmiths and dealers in firearms. Any  person
 licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
 approved as to form, except in the city of New York, by the  superinten-
 dent of state police. In the record book shall be entered at the time of
 every  transaction  involving  a firearm the date, name, age, occupation
 and residence of any person from whom a firearm is received or to whom a
 firearm is delivered, and the calibre, make, model, manufacturer's  name
 and  serial number, or if none, any other distinguishing number or iden-
 tification mark on such firearm. Before  delivering  a  firearm  to  any
 person, the licensee shall require him to produce either a license valid
 under  this  section  to  carry  [or]  AND possess the same, or proof of
 lawful authority as an exempt person  pursuant  to  section  265.20.  In
 addition,  before  delivering a firearm to a peace officer, the licensee
 shall verify that person's status as a peace officer with  the  division
 of  state  police.  After  completing  the foregoing, the licensee shall
 remove and retain the attached coupon and enter in the record  book  the
 date of such license, number, if any, and name of the licensing officer,
 in the case of the holder of a license to carry [or] AND possess, or the
 shield or other number, if any, assignment and department, unit or agen-
 cy,  in  the  case  of an exempt person. The original transaction report
 shall be forwarded to the division of state police within  ten  days  of
 delivering  a  firearm to any person, and a duplicate copy shall be kept
 by the licensee. The superintendent of state police may  designate  that
 such  record  shall  be  completed and transmitted in electronic form. A
 dealer may be granted a waiver from transmitting such records  in  elec-
 tronic form if the superintendent determines that such dealer is incapa-
 ble  of  such transmission due to technological limitations that are not
 reasonably within the  control  of  the  dealer,  or  other  exceptional
 circumstances  demonstrated  by the dealer, pursuant to a process estab-
 lished in regulation, and  at  the  discretion  of  the  superintendent.
 Records assembled or collected for purposes of inclusion in the database
 created  pursuant to section 400.02 of this article shall not be subject
 to disclosure pursuant to article six of the public  officers  law.  The
 record  book shall be maintained on the premises mentioned and described
 in the license and shall be open at all reasonable hours for  inspection
 by  any  peace officer, acting pursuant to his special duties, or police
 officer. In the event of cancellation or revocation of the  license  for
 gunsmith  or  dealer  in  firearms,  or  discontinuance of business by a
 licensee, such record book  shall  be  immediately  surrendered  to  the
 licensing officer in the city of New York, and in the counties of Nassau
 and  Suffolk,  and  elsewhere  in the state to the executive department,
 division of state police.
   § 8. Subdivision 14 of section 400.00 of the penal law, as amended  by
 chapter 195 of the laws of 2005, is amended to read as follows:
   14. Fees. In the city of New York and the county of Nassau, the annual
 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
 for dealers in firearms. In such city, the city council and in the coun-
 ty  of  Nassau  the Board of Supervisors shall fix the fee to be charged
 for a license to carry [or] AND possess a pistol or revolver and provide
 for the disposition of such fees. Elsewhere in the state, the  licensing
 officer  shall  collect  and  pay into the county treasury the following
 fees: for each license to carry [or] AND possess a pistol  or  revolver,
 not  less  than three dollars nor more than ten dollars as may be deter-
 mined by the legislative body of the county; for each amendment thereto,
 three dollars, and five dollars in the county of Suffolk; and  for  each
 license issued to a gunsmith or dealer in firearms, ten dollars. The fee

 A. 1701                             6
 
 for  a duplicate license shall be five dollars. The fee for processing a
 license transfer between counties shall be five  dollars.  The  fee  for
 processing  a  license or renewal thereof for a qualified retired police
 officer  as defined under subdivision thirty-four of section 1.20 of the
 criminal procedure law, or a qualified retired sheriff, undersheriff, or
 deputy sheriff of the city of New York as defined under subdivision  two
 of  section  2.10  of the criminal procedure law, or a qualified retired
 bridge and tunnel officer, sergeant  or  lieutenant  of  the  triborough
 bridge  and  tunnel  authority  as  defined  under subdivision twenty of
 section 2.10 of the criminal  procedure  law,  or  a  qualified  retired
 uniformed  court  officer  in  the  unified court system, or a qualified
 retired court clerk in the unified court system in the first and  second
 judicial  departments,  as  defined in paragraphs a and b of subdivision
 twenty-one of section 2.10 of the criminal procedure law  or  a  retired
 correction officer as defined in subdivision twenty-five of section 2.10
 of the criminal procedure law shall be waived in all counties throughout
 the state.
   §  9.  This  act  shall take effect immediately and shall apply to all
 licenses held and issued on and after such date.