S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1412
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and the environmental conservation law, in
   relation  to  establishing  additional  requirements  to  purchase   a
   firearm, shotgun or rifle

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 and subdivision 4-b of section 400.00 of  the
 penal  law,  subdivision  1 as amended by chapter 1 of the laws of 2013,
 paragraph (c) of subdivision 1 as amended by chapter 60 of the  laws  of
 2018,  and  subdivision 4-b as added by chapter 446 of the laws of 1997,
 are 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 or who is not the  subject  of
 an outstanding warrant of arrest issued upon the alleged commission of a
 felony  or  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 AND HAS PROVIDED NOTARIZED PROOF OF
 A PASSED DRUG TEST BY A LICENSED PHYSICIAN; (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05717-01-9

 S. 1412                             2
 
 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 AND HAS PROVIDED NOTARIZED PROOF OF A PASSED MENTAL HEALTH EVAL-
 UATION  BY  A  LICENSED  PHYSICIAN;  (j)  who 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 FIVE HOUR firearms safety course and test as evidenced  by  a  certif-
 icate  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,  maintenance  and storage 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  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 or manage his or her own affairs; (N) WHO
 HAS SUCCESSFULLY COMPLETED LIVE FIRING INSTRUCTION AND A  TEST  WITH  AT
 LEAST  NINETY  PERCENT  ACCURACY  AT  A SHOOTING RANGE USING THE TYPE OF
 FIREARM HE OR SHE ANTICIPATES PURCHASING, POSSESSING OR  ACQUIRING;  (O)
 HAS  PURCHASED  A  SAFE  STORAGE  DEPOSITORY FOR HIS OR HER FIREARMS AND
 AMMUNITION AS EVIDENCED BY A RECEIPT OF SUCH  PURCHASE;  and  [(n)]  (P)
 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 twen-
 ty-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.  FOR THE PURPOSES OF
 THIS SUBDIVISION, "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 OR AMMUNITION CONTAINED THEREIN.
   4-b. [Westchester county firearms] FIREARMS safety course certificate.
 [In the county of Westchester, at]  AT  the  time  of  application,  the
 licensing officer to which the license application is made shall provide
 a copy of the FIVE HOUR safety course booklet to each license applicant.
 Before such license is issued, such licensing officer shall require that
 the  applicant  submit  a certificate of successful completion of a FIVE

 S. 1412                             3
 
 HOUR firearms safety course and test issued  in  his  or  her  name  and
 endorsed  and  affirmed under the penalties of perjury by a duly author-
 ized instructor.
   §  2.  The penal law is amended by adding a new section 400.20 to read
 as follows:
 § 400.20 PURCHASE OF RIFLES AND SHOTGUNS.
   1. PRIOR TO THE PURCHASE OF ANY RIFLE OR SHOTGUN, A PERSON SHALL APPLY
 FOR A HUNTING LICENSE PURSUANT TO ARTICLE ELEVEN  OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   2.  IN  ADDITION TO THE REQUIREMENTS REQUIRED BY ARTICLE ELEVEN OF THE
 ENVIRONMENTAL CONSERVATION LAW, NO HUNTING LICENSE FOR THE PURCHASE OF A
 RIFLE OR SHOTGUN SHALL BE ISSUED EXCEPT FOR AN APPLICANT: (A) WHO IS NOT
 AN UNLAWFUL USER OF OR ADDICTED TO ANY CONTROLLED SUBSTANCE  AS  DEFINED
 IN  SECTION  21 U.S.C.  802 AND HAS PROVIDED NOTARIZED PROOF OF A PASSED
 DRUG TEST BY A LICENSED PHYSICIAN; (B) WHO HAS STATED WHETHER HE OR  SHE
 HAS EVER SUFFERED ANY MENTAL ILLNESS AND HAS PROVIDED NOTARIZED PROOF OF
 A  PASSED  MENTAL HEALTH EVALUATION BY A LICENSED PHYSICIAN; (C) WHO HAS
 SUCCESSFULLY COMPLETED A FIVE HOUR 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 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 OFFI-
 CIAL 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 FIREARMS, SHOTGUNS AND RIFLES; (D) WHO HAS SUCCESSFULLY COMPLETED
 LIVE FIRING INSTRUCTION AND A TEST WITH AT LEAST NINETY PERCENT ACCURACY
 AT  A SHOOTING RANGE USING THE TYPE OF RIFLE OR SHOTGUN HE OR SHE ANTIC-
 IPATES PURCHASING, POSSESSING OR ACQUIRING; (E)  WHO  DOES  NOT  HAVE  A
 CRIMINAL  RECORD  WHICH  WOULD  OTHERWISE  DISQUALIFY  HIM  OR  HER FROM
 PURCHASING A SHOTGUN OR RIFLE; AND (F)  HAS  PURCHASED  A  SAFE  STORAGE
 DEPOSITORY  FOR  HIS OR HER RIFLE OR SHOTGUN AND AMMUNITION AS EVIDENCED
 BY A RECEIPT OF SUCH PURCHASE. FOR THE 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 UNAUTHOR-
 IZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION  OF  THE  WEAPON  OR
 AMMUNITION CONTAINED THEREIN.
   3.  BEFORE A LICENSE IS ISSUED, THERE SHALL BE AN INVESTIGATION OF ALL
 STATEMENTS RELATED TO THE REQUIREMENTS  OF  THIS  SECTION  BY  THE  DULY
 CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY WHERE SUCH APPLICATION IS
 MADE.  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 INVES-
 TIGATING  OFFICER  OF  THE  POLICE  AUTHORITY. IN ORDER TO ASCERTAIN ANY
 PREVIOUS CRIMINAL RECORD, THE INVESTIGATING OFFICER SHALL TAKE THE FING-
 ERPRINTS AND PHYSICAL DESCRIPTIVE DATA IN QUADRUPLICATE OF EACH INDIVID-
 UAL BY WHOM THE APPLICATION IS MADE. 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. 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. THEREAFT-

 S. 1412                             4
 
 ER, SUCH DIVISION SHALL NOTIFY THE ISSUING  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 LICEN-
 SEE  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 ISSUING OFFICER WITHOUT UNNECESSARY DELAY.
   4.  IN  ACTING  UPON  AN APPLICATION, THE ISSUING OFFICER SHALL EITHER
 DENY THE APPLICATION FOR REASONS SPECIFICALLY AND  CONCISELY  STATED  IN
 WRITING OR GRANT THE APPLICATION AND ISSUE THE LICENSE APPLIED FOR.
   §  3.  Subdivision 1 of section 11-0701 of the environmental conserva-
 tion law is amended by adding a new paragraph c to read as follows:
   C. ENTITLES THE HOLDER TO PURCHASE A RIFLE OR  SHOTGUN  PROVIDED  SUCH
 HOLDER  MEETS THE REQUIREMENTS OF SECTION 400.20 OF THE PENAL LAW OR ANY
 OTHER RELATED PROVISION OF LAW.
   § 4. Subdivision 3 of section 11-0713 of the  environmental  conserva-
 tion law is amended by adding a new paragraph a-1 to read as follows:
   A-1.  THE  ISSUING  OFFICER  SHALL NOT ISSUE A HUNTING LICENSE FOR THE
 PURCHASE OF A RIFLE OR  SHOTGUN  TO  ANY  PERSON  UNLESS  THE  APPLICANT
 PRESENTS  PROOF  THAT HE OR SHE MEETS THE REQUIREMENTS OF SECTION 400.20
 OF THE PENAL LAW.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this  act on its effective date is authorized to be made and
 completed on or before such effective date.