S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6661
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to security requirements  for
   gunsmiths and dealers in firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 400.00 of the penal law is amended by adding a  new
 subdivision 12-d to read as follows:
   12-D. SECURITY REQUIREMENTS FOR GUNSMITHS AND DEALERS IN FIREARMS. ANY
 PERSON  LICENSED  AS  A GUNSMITH OR DEALER IN FIREARMS SHALL IMPLEMENT A
 SECURITY PLAN FOR SECURING  FIREARMS,  RIFLES  AND  SHOTGUNS,  INCLUDING
 FIREARMS,  RIFLES  AND  SHOTGUNS TRANSPORTED IN INTERSTATE COMMERCE, AND
 SHALL AT ALL TIMES COMPLY THEREWITH. THE PLAN MUST SATISFY AT LEAST  THE
 FOLLOWING  REQUIREMENTS:  (A)  ALL  DISPLAY CASES SHALL BE LOCKED AT ALL
 TIMES EXCEPT WHEN REMOVING A SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW  A
 CUSTOMER,  AND CUSTOMERS SHALL HANDLE FIREARMS, RIFLES OR SHOTGUNS UNDER
 THE DIRECT SUPERVISION OF AN EMPLOYEE;  (B)  ALL  FIREARMS,  RIFLES  AND
 SHOTGUNS  SHALL  BE  SECURED  IN A LOCKED FIREPROOF SAFE OR VAULT IN THE
 LICENSED PREMISES OR IN A SIMILAR SECURED AND LOCKED AREA; AND (C) AMMU-
 NITION SHALL BE STORED AND SECURED SEPARATELY FROM THE FIREARMS,  RIFLES
 AND SHOTGUNS, AND OUT OF REACH OF THE CUSTOMERS.
   §  2. Paragraph (a) of subdivision 11 of section 400.00 the penal law,
 as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
 follows:
   (a)  The  conviction  of  a  licensee  anywhere of a felony or serious
 offense or a licensee at  any  time  becoming  ineligible  to  obtain  a
 license under this section shall operate 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09993-01-9

 A. 6661                             2
 
 time in the city of New York, and in the counties of Nassau and Suffolk,
 by  the licensing officer, 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.
 A  LICENSE TO CONDUCT BUSINESS AS A DEALER OR RETAIL DEALER OF FIREARMS,
 RIFLES, OR SHOTGUNS ISSUED PURSUANT TO THIS SECTION SHALL BE REVOKED  OR
 SUSPENDED FOR ANY VIOLATION OF SUBDIVISION TWELVE-D OF THIS SECTION. 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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.