S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5011
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by M. of A. DiPIETRO, WOERNER, WALSH, WRIGHT, NIOU, HYNDMAN,
   MOSLEY, WALLACE, PICHARDO, JEAN-PIERRE,  HUNTER,  DICKENS,  GOTTFRIED,
   GIGLIO,  McDONOUGH,  BRABENEC,  MORINELLO, RAIA, BARRON -- Multi-Spon-
   sored by -- M.  of A. EPSTEIN, GALEF, PALMESANO, RA, STEC -- read once
   and referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to requiring application  for
   a  license  to  carry or possess a pistol or revolver to be acted upon
   within 180 days of the receipt thereof
 
   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 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)  (I)  Applications  shall  be  made  and renewed, in the case of a
 license to carry or possess a pistol or revolver, to the licensing offi-
 cer 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 business 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,  resi-
 dence, 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  appli-
 cation shall submit one photograph of himself or herself and a duplicate
 for  each  required copy of the application. Such photographs shall have
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03021-01-9

 A. 5011                             2
 
 been taken within thirty days prior to filing the application.  In  case
 of  a license as gunsmith or dealer in firearms, the photographs submit-
 ted 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.
   (II) IN THE CASE OF EACH APPLICATION FOR THE ISSUANCE OR RENEWAL OF  A
 LICENSE  TO CARRY OR POSSESS A PISTOL OR REVOLVER, THE LICENSING OFFICER
 SHALL PROVIDE WRITTEN NOTICE TO THE APPLICANT OF THE APPROVAL OR  DENIAL
 OF SUCH APPLICATION WITHIN ONE HUNDRED EIGHTY DAYS OF THE RECEIPT OF THE
 APPLICATION  BY THE APPROPRIATE COUNTY OR CITY. IN THE EVENT SUCH NOTICE
 IS NOT PROVIDED WITHIN ONE HUNDRED EIGHTY DAYS, THE COUNTY OR CITY SHALL
 PROVIDE TO THE APPLICANT, A REFUND OF ALL FEES  AND  CHARGES  ASSOCIATED
 WITH  THE  SUBMISSION  OF THE APPLICATION, UNLESS THE FAILURE TO PROVIDE
 TIMELY NOTICE WAS DUE TO A FACTOR OR FACTORS BEYOND THE CONTROL  OF  THE
 CITY OR COUNTY AND THE LICENSING OFFICER.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.