S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    266
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the family  court  act,  the
   domestic  relations  law, the general business law, the judiciary law,
   the mental hygiene law, the penal law and the surrogate's court proce-
   dure  act,  in  relation  to  limiting  the  application  of   certain
   provisions  of  law  relating  to  firearms  to the counties of Kings,
   Queens, Richmond, New York and Bronx; and to repeal section 400.02  of
   the penal law relating to the statewide license and record database
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
   2-a.  Firearm,  rifle  or shotgun surrender order IN CERTAIN COUNTIES.
 [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK  AND  BRONX,
 UPON  entry  of a verdict of not responsible by reason of mental disease
 or defect, or upon the acceptance of a plea of not responsible by reason
 of mental disease or defect, or upon a finding that the defendant is  an
 incapacitated  person  pursuant  to article seven hundred thirty of this
 chapter, the court shall revoke the defendant's firearm license, if any,
 inquire of the defendant  as  to  the  existence  and  location  of  any
 firearm,  rifle  or  shotgun  owned  or  possessed by such defendant and
 direct the surrender of such  firearm,  rifle  or  shotgun  pursuant  to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision six of section 400.05 of the penal law.
   § 2. Section 380.96 of the criminal procedure law, as added by chapter
 1 of the laws of 2013, is amended to read as follows:
 § 380.96 Obligation  of sentencing court IN CERTAIN COUNTIES pursuant to
            article four hundred of the penal law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03000-01-9

 S. 266                              2
 
   [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
 UPON judgment of conviction of  any  offense  which  would  require  the
 seizure of firearms, shotguns or rifles from an individual so convicted,
 and  the  revocation  of  any license or registration issued pursuant to
 article  four  hundred  of the penal law, the judge pronouncing sentence
 shall demand surrender of any  such  license  or  registration  and  all
 firearms,  shotguns and rifles. The failure to so demand surrender shall
 not effect the validity of  any  revocation  pursuant  to  article  four
 hundred of the penal law.
   § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
 as  amended  by  chapter  60 of the laws of 2018, are amended to read as
 follows:
   1.  [Suspension]  MANDATORY  AND  PERMISSIVE  SUSPENSION  of  firearms
 license  and  ineligibility  for  such  a license upon the issuance of a
 temporary order of protection. Whenever a temporary order of  protection
 is  issued  pursuant to section eight hundred twenty-eight of this arti-
 cle, or IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND  BRONX,
 pursuant to article four, five, six, seven or ten of this act:
   (a) the court shall suspend any such existing license possessed by the
 respondent,  order  the  respondent  ineligible  for such a license, and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed where the court receives information that  gives  the
 court  good  cause  to  believe  that:  (i)  the  respondent has a prior
 conviction of any violent felony offense as defined in section 70.02  of
 the  penal  law;  (ii)  the respondent has previously been found to have
 willfully failed to obey a prior order of protection  and  such  willful
 failure  involved  (A)  the infliction of physical injury, as defined in
 subdivision nine of section 10.00 of the  penal  law,  (B)  the  use  or
 threatened use of a deadly weapon or dangerous instrument as those terms
 are  defined in subdivisions twelve and thirteen of section 10.00 of the
 penal law, or (C) behavior constituting any violent  felony  offense  as
 defined in section 70.02 of the penal law; or (iii) the respondent has a
 prior  conviction for stalking in the first degree as defined in section
 120.60 of the penal law, stalking in the second  degree  as  defined  in
 section 120.55 of the penal law, stalking in the third degree as defined
 in  section  120.50 of the penal law or stalking in the fourth degree as
 defined in section 120.45 of such law; and
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully  against  the person or persons for whose protection the temporary
 order of  protection  is  issued,  suspend  any  such  existing  license
 possessed  by the respondent, order the respondent ineligible for such a
 license, and order the immediate surrender [pursuant to subparagraph (f)
 of paragraph one of subdivision a of section 265.20 and subdivision  six
 of  section 400.05 of the penal law,] of any or all firearms, rifles and
 shotguns owned or possessed.
   2. [Revocation] MANDATORY AND PERMISSIVE REVOCATION or  suspension  of
 firearms  license and ineligibility for such a license upon the issuance
 of an order of protection. Whenever an order  of  protection  is  issued
 pursuant  to  section  eight  hundred  forty-one of this part, or IN THE
 COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, pursuant to  arti-
 cle four, five, six, seven or ten of this act:

 S. 266                              3
 
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed where the court finds that the conduct which resulted
 in the issuance of the order of protection involved (i)  the  infliction
 of  SERIOUS  physical  injury,  as  defined in subdivision [nine] TEN of
 section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
 deadly  weapon  or  dangerous  instrument  as those terms are defined in
 subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
 (iii)  behavior  constituting  any  violent felony offense as defined in
 section 70.02 of the penal law; and
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall, where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully against the person or persons for whose protection  the  order  of
 protection  is issued, (i) revoke any such existing license possessed by
 the respondent, order the respondent ineligible for such a  license  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
 owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
 existing license possessed by the respondent, order the respondent inel-
 igible for such a license, and order the immediate  surrender  [pursuant
 to  subparagraph (f) of paragraph one of subdivision a of section 265.20
 and subdivision six of section 400.05 of the penal law,] of any  or  all
 firearms, rifles and shotguns owned or possessed.
   3.  [Revocation]  MANDATORY AND PERMISSIVE REVOCATION or suspension of
 firearms license and ineligibility for such a license upon a finding  of
 a  willful  failure  to obey an order of protection or, IN THE COUNTY OF
 KINGS,  QUEENS,  RICHMOND,  NEW  YORK  OR  BRONX,  temporary  order   of
 protection.  Whenever  a  respondent has been found, pursuant to section
 eight hundred forty-six-a of this part to have willfully failed to  obey
 an order of protection or temporary order of protection issued [pursuant
 to  this  act  or  the domestic relations law, or] by this court or by a
 court of competent jurisdiction in another state, territorial or  tribal
 jurisdiction,  in  addition  to any other remedies available pursuant to
 section eight hundred forty-six-a of this part:
   (a) the court shall revoke any such existing license possessed by  the
 respondent,  order  the  respondent  ineligible  for such a license, and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed where the willful failure to obey such order involves
 (i) the infliction of SERIOUS physical injury, as defined in subdivision
 [nine] TEN of section 10.00 of the penal law, (ii) the use or threatened
 use of a deadly weapon  or  dangerous  instrument  as  those  terms  are
 defined  in  subdivisions  twelve  and  thirteen of section 10.00 of the
 penal law, or (iii) behavior constituting any violent felony offense  as
 defined in section 70.02 of the penal law; or (iv) behavior constituting
 stalking  in  the first degree as defined in section 120.60 of the penal
 law, stalking in the second degree as defined in section 120.55  of  the
 penal  law, stalking in the third degree as defined in section 120.50 of
 the penal law or stalking in the fourth degree  as  defined  in  section
 120.45 of such law; and

 S. 266                              4
 
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully against the person or persons for whose protection  the  order  of
 protection was issued, (i) revoke any such existing license possessed by
 the  respondent,  order  the  respondent  ineligible for such a license,
 whether or not the respondent possesses such a license,  and  order  the
 immediate  surrender  [pursuant  to subparagraph (f) of paragraph one of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the penal law,] of any or all firearms, rifles  and  shotguns  owned  or
 possessed  or  (ii)  suspend  any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order  the  immediate surrender of any or all firearms, rifles and shot-
 guns owned or possessed.
   § 4. Section 846-a of the family court act, as amended by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 846-a. Powers on failure to obey order. If a respondent  is  brought
 before  the court for failure to obey any lawful order issued under this
 article or an order of protection or, IN THE COUNTY  OF  KINGS,  QUEENS,
 RICHMOND,  NEW  YORK  OR  BRONX,  temporary  order  of protection issued
 [pursuant to this act or issued] by a court of competent jurisdiction of
 another state, territorial or tribal jurisdiction and if, after hearing,
 the court is satisfied by competent proof that the respondent has  will-
 fully  failed  to  obey any such order, the court may modify an existing
 order or, IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK  OR  BRONX,
 temporary  order  of protection to add reasonable conditions of behavior
 to the existing order, make a new order of protection in accordance with
 section eight hundred forty-two of this part, may order  the  forfeiture
 of  bail  in  a manner consistent with article five hundred forty of the
 criminal procedure law if bail has been ordered pursuant  to  this  act,
 may  order  the respondent to pay the petitioner's reasonable and neces-
 sary counsel fees in connection with the violation  petition  where  the
 court  finds that the violation of its order was willful, and may commit
 the respondent to jail for a term not to exceed six months. Such commit-
 ment may be served upon certain specified days or parts of days  as  the
 court may direct, and the court may, at any time within the term of such
 sentence,  revoke  such  suspension  and  commit  the respondent for the
 remainder of the original sentence, or suspend  the  remainder  of  such
 sentence.  If the court determines that the willful failure to obey such
 order involves violent behavior constituting  the  crimes  of  menacing,
 reckless  endangerment,  assault  or  attempted  assault  and  if such a
 respondent is licensed to carry, possess, repair and dispose of firearms
 pursuant to section 400.00 of the penal law, the court  may  also  imme-
 diately  revoke such license and may arrange for the immediate surrender
 [pursuant to subparagraph (f) of  paragraph  one  of  subdivision  a  of
 section  265.20 and subdivision six of section 400.05 of the penal law,]
 and disposal of any firearm such respondent owns or  possesses.  If  the
 willful  failure  to  obey such order involves the infliction of SERIOUS
 physical injury as defined in subdivision [nine] TEN of section 10.00 of
 the penal law or the use or threatened use of a deadly weapon or danger-
 ous instrument, as those terms are defined in  subdivisions  twelve  and
 thirteen  of section 10.00 of the penal law, such revocation and immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion a of section 265.20 and subdivision six of section  400.05  of  the
 penal  law  six]  and  disposal  of  any  firearm  owned or possessed by

 S. 266                              5
 
 respondent shall be mandatory, pursuant to subdivision eleven of section
 400.00 of the penal law.
   §  5.  Section 446-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 446-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.    [Upon]  IN  THE COUNTIES OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 6. Section 552 of the family court act, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
   §  552.  Firearms;  surrender  and  license suspension, revocation and
 ineligibility; CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 7. Section 656-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:
   §  656-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 8. Section 780-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:
   §  780-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 9. Section 1056-a of the family court act, as added by chapter 1  of
 the laws of 2013, is amended to read as follows:
   §  1056-a.  Firearms; surrender and license suspension, revocation and
 ineligibility; CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make an order in accordance  with  section  eight
 hundred forty-two-a of this act.

 S. 266                              6
 
   §  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
 relations law, as amended by chapter 1 of the laws of 2013,  is  amended
 to read as follows:
   h.  Upon  issuance  of  an  order  of protection or temporary order of
 protection or upon a violation of such order, the court MAY AND, IN  THE
 COUNTIES  OF  KINGS,  QUEENS, RICHMOND, NEW YORK AND BRONX, shall make a
 determination regarding the suspension and revocation of  a  license  to
 carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
 ity for such a license and the surrender of firearms in accordance  with
 sections  eight hundred forty-two-a and eight hundred forty-six-a of the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant to this section or upon a finding of a violation  thereof,  the
 court  also may direct payment of restitution in an amount not to exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred forty-one of such act; provided, however, that in no case  shall
 an  order  of  restitution be issued where the court determines that the
 party against whom the order would be issued has already compensated the
 injured party or where such compensation  is  incorporated  in  a  final
 judgment or settlement of the action.
   §  11.  Subdivision 9 of section 252 of the domestic relations law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   9. Upon issuance of an order  of  protection  or  temporary  order  of
 protection  or upon a violation of such order, the court MAY AND, IN THE
 COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,  shall  make  a
 determination  regarding  the  suspension and revocation of a license to
 carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
 ity  for such a license and the surrender of firearms in accordance with
 sections eight hundred forty-two-a and eight hundred forty-six-a of  the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant  to  this section or upon a finding of a violation thereof, the
 court also may direct payment of restitution in an amount not to  exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred  forty-one of such act; provided, however, that in no case shall
 an order of restitution be issued where the court  determines  that  the
 party against whom the order would be issued has already compensated the
 injured  party  or  where  such  compensation is incorporated in a final
 judgment or settlement of the action.
   § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
 section  530.14  of the criminal procedure law, as amended by chapter 60
 of the laws of 2018, are amended to read as follows:
   [Suspension] MANDATORY AND PERMISSIVE SUSPENSION of  firearms  license
 and ineligibility for such a license upon issuance of temporary order of
 protection.  Whenever a temporary order of protection is issued pursuant
 to subdivision one of section  530.12  or  subdivision  one  of  section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
 fully  against  the person or persons for whose protection the temporary
 order of  protection  is  issued,  suspend  any  such  existing  license
 possessed  by  the  defendant, order the defendant ineligible for such a
 license and order the immediate surrender [pursuant to subparagraph  (f)
 of  paragraph one of subdivision a of section 265.20 and subdivision six
 of section 400.05 of the penal law,] of any or all firearms, rifles  and
 shotguns owned or possessed.

 S. 266                              7
 
   §  13.  The  opening  paragraph  and paragraph (b) of subdivision 2 of
 section 530.14 of the criminal procedure law, as amended by  chapter  60
 of the laws of 2018, are amended to read as follows:
   [Revocation]  MANDATORY  AND  PERMISSIVE  REVOCATION  or suspension of
 firearms license and ineligibility for such a license upon  issuance  of
 an order of protection. Whenever an order of protection is issued pursu-
 ant to subdivision five of section 530.12 or subdivision four of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a  firearm,  [rifles  or  shotguns]
 RIFLE  OR  SHOTGUN  unlawfully  against  the person or persons for whose
 protection the order of protection is issued, (i) revoke any such exist-
 ing license possessed by the defendant, order the  defendant  ineligible
 for  such  a  license  and  order  the immediate surrender of any or all
 firearms, rifles and shotguns owned or  possessed  or  (ii)  suspend  or
 continue  to  suspend any such existing license possessed by the defend-
 ant, order the defendant ineligible for such a  license  and  order  the
 immediate  surrender  [pursuant  to subparagraph (f) of paragraph one of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the penal law,] of any or all firearms, rifles  and  shotguns  owned  or
 possessed.
   §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
 section 530.14 of the criminal procedure law, as amended by  chapter  60
 of the laws of 2018, are amended to read as follows:
   [Revocation]  MANDATORY  AND  PERMISSIVE  REVOCATION  or suspension of
 firearms license and ineligibility for such a license upon a finding  of
 a  willful  failure to obey an order of protection. Whenever a defendant
 has been found pursuant to  subdivision  eleven  of  section  530.12  or
 subdivision  eight  of  section 530.13 of this article to have willfully
 failed to obey an order of protection issued by  a  court  of  competent
 jurisdiction  in  this  state  or  another  state, territorial or tribal
 jurisdiction, in addition to any other remedies  available  pursuant  to
 subdivision  eleven  of  section  530.12 or subdivision eight of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully against the person or persons for whose protection  the  order  of
 protection was issued, (i) revoke any such existing license possessed by
 the  defendant,  order  the  defendant ineligible for such a license and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed or (ii) suspend any such existing  license  possessed
 by  the defendant, order the defendant ineligible for such a license and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed.
   § 15. The article heading of article 39-DDD of  the  general  business
 law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
 follows:
         PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
                            IN CERTAIN COUNTIES

 S. 266                              8
 
   § 16. Subdivision 1 of section 898 of the  general  business  law,  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   1. In addition to any other requirements pursuant to state and federal
 law,  all sales, exchanges or disposals of firearms, rifles or shotguns,
 IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, shall be
 conducted in accordance with this section unless such sale, exchange  or
 disposal  is  conducted by a licensed importer, licensed manufacturer or
 licensed dealer, as those terms are defined in 18 USC § 922,  when  such
 sale, exchange or disposal is conducted pursuant to that person's feder-
 al  firearms  license  or  such  sale,  exchange  or disposal is between
 members of an immediate family. For purposes of this section, "immediate
 family" shall mean spouses, domestic partners, children  and  step-chil-
 dren.
   §  17.  Paragraph (q) of subdivision 2 of section 212 of the judiciary
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (q)  Adopt  rules  to  require  transmission,  to the criminal justice
 information services division of the federal bureau of investigation  or
 to  the  division  of  criminal  justice services, of the name and other
 identifying information of each person who has a guardian appointed  for
 him  or  her pursuant to any provision of state law, based on a determi-
 nation that  as  a  result  of  marked  subnormal  intelligence,  mental
 illness,  incapacity,  condition  or disease, he or she lacks the mental
 capacity to contract or manage his or her own affairs. Any such records,
 RELATING TO PERSONS RESIDING IN THE COUNTY OF KINGS,  QUEENS,  RICHMOND,
 NEW  YORK OR BRONX, transmitted directly to the federal bureau of inves-
 tigation must also be transmitted to the division  of  criminal  justice
 services[,  and any records received by the division of criminal justice
 services pursuant to this paragraph may be checked against the statewide
 license and record database].
   § 18. Subdivision (j) of section 7.09 of the mental  hygiene  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (j)  (1)  The commissioner, in cooperation with other applicable state
 agencies, shall collect, retain or modify data  or  records,  and  shall
 transmit  such  data or records: (i) to the division of criminal justice
 services, or to the criminal justice information  services  division  of
 the  federal  bureau of investigation, for the purposes of responding to
 queries to the national instant criminal background check system regard-
 ing attempts to purchase or otherwise take possession  of  firearms,  as
 defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
 or regulations, or (ii) FOR PERSONS RESIDING IN  THE  COUNTY  OF  KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, to the division of criminal justice
 services, which may re-disclose such data and records only for determin-
 ing whether a license issued pursuant to section 400.00 of the penal law
 should be denied, suspended or revoked, under subdivision eleven of such
 section,  or  for  determining  whether  a person is no longer permitted
 under federal or state law to possess a firearm. Such records, which may
 not be used for any other purpose, shall include only  names  and  other
 non-clinical  identifying  information of persons who have been involun-
 tarily committed to a hospital pursuant to article nine of this chapter,
 [or section four hundred two or subdivision two of section five  hundred
 eight of the correction law,] or article seven hundred thirty or section
 330.20  of  the criminal procedure law or sections 322.2 or 353.4 of the
 family court act, or to a secure treatment facility pursuant to  article
 ten of this chapter.

 S. 266                              9
 
   (2)  The  commissioner  shall  establish  within  the office of mental
 health an administrative process to permit a person who has been or  may
 be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
 922(4)(d) or who has been or may be disqualified from continuing to have
 a  license  to  carry,  possess,  repair,  or dispose of a firearm under
 section 400.00 of the penal law because such person, WHO RESIDES IN  THE
 COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, was involuntarily
 committed or civilly confined to a facility under  the  jurisdiction  of
 the commissioner, to petition for relief from that disability where such
 person's  record  and  reputation  are such that such person will not be
 likely to act in a manner dangerous  to  public  safety  and  where  the
 granting  of  the  relief  would  not  be contrary to public safety. The
 commissioner shall promulgate regulations to establish the  relief  from
 disabilities  program,  which  shall  include,  but  not  be limited to,
 provisions providing for: (i) an opportunity for a  disqualified  person
 to  petition for relief in writing; (ii) the authority for the agency to
 require that the petitioner  undergo  a  clinical  evaluation  and  risk
 assessment;  and (iii) a requirement that the agency issue a decision in
 writing explaining the reasons for a denial  or  grant  of  relief.  The
 denial  of  a  petition  for relief from disabilities may be reviewed de
 novo pursuant to the proceedings  under  article  seventy-eight  of  the
 civil practice law and rules.
   §  19.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
 health  professional currently providing treatment services to a person,
 WHO RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 determines, in the exercise of reasonable  professional  judgment,  that
 such  person is likely to engage in conduct that would result in serious
 harm to self or others, he or she shall be required to report,  as  soon
 as practicable, to the director of community services, or the director's
 designee,  who shall report to the division of criminal justice services
 whenever he or she agrees that the person is likely to  engage  in  such
 conduct.  Information  transmitted  to  the division of criminal justice
 services shall be limited to names and  other  non-clinical  identifying
 information,  which  may  only be used for determining whether a license
 issued pursuant to section 400.00 of the penal law should  be  suspended
 or  revoked,  or  for  determining  whether a person is ineligible for a
 license issued pursuant to section 400.00 of the penal  law,  or  is  no
 longer permitted under state or federal law to possess a firearm.
   § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   22. "Assault weapon" means
   (a) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION,  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE  ACTION  OF
 THE WEAPON;
   (C) A BAYONET MOUNT;
   (D)  A  FLASH  SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
 FLASH SUPPRESSOR;
   (E) A GRENADE LAUNCHER; OR
   (II) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO  OF  THE  FOLLOWING
 CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;

 S. 266                             10
 
   (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
 THE WEAPON;
   (C) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   (D) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   (III)  A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHA-
 BLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF  THE
 PISTOL GRIP;
   (B)  A  THREADED  BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   (C) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY  OR  COMPLETELY  ENCIR-
 CLES,  THE  BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
 THE NONTRIGGER HAND WITHOUT BEING BURNED;
   (D) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE  PISTOL  IS
 UNLOADED;
   (E) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
 OR
   (IV)  ANY  OF  THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
 WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER,  KNOWN
 AS:
   (A) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
 MODELS);
   (B) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
   (C) BERETTA AR70 (SC-70);
   (D) COLT AR-15;
   (E) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
   (F) SWD M-10, M-11, M-11/9, AND M-12;
   (G) STEYR AUG;
   (H) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   (I)  REVOLVING  CYLINDER  SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
 SWEEPER AND STRIKER 12;
   (V) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: (A) ANY RIFLE,
 SHOTGUN OR PISTOL THAT (I) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER  OR
 SLIDE ACTION; (II) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (III) IS
 AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);
   (B)  A  SEMIAUTOMATIC  RIFLE  THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
   (C) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS  OF
 AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
   (D)  A  RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
 SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH  WEAPON  WAS
 MANUFACTURED  ON  OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   (E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
 PISTOL  OR  ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF THIS SUBDIVI-
 SION LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN  HUNDRED
 NINETY-FOUR; AND
   (B)    (I)  IN  THE  COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND
 BRONX, a semiautomatic rifle that has an ability to accept a  detachable
 magazine and has at least one of the following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)]  (B)  a  pistol  grip  that protrudes conspicuously beneath the
 action of the weapon;
   [(iii)] (C) a thumbhole stock;

 S. 266                             11
 
   [(iv)] (D) a second handgrip or a protruding grip that can be held  by
 the non-trigger hand;
   [(v)] (E) a bayonet mount;
   [(vi)]  (F)  a  flash suppressor, muzzle break, muzzle compensator, or
 threaded barrel designed  to  accommodate  a  flash  suppressor,  muzzle
 break, or muzzle compensator;
   [(vii)] (G) a grenade launcher; or
   [(b)]  (II)  a  semiautomatic  shotgun  that  has  at least one of the
 following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
   [(v)] (E) an ability to accept a detachable magazine; or
   [(c)] (III) a semiautomatic pistol that has an  ability  to  accept  a
 detachable  magazine  and  has  at least one of the following character-
 istics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)] (D) capacity to accept an ammunition magazine that attaches  to
 the pistol outside of the pistol grip;
   [(v)]  (E)  a  threaded barrel capable of accepting a barrel extender,
 flash suppressor, forward handgrip, or silencer;
   [(vi)] (F) a shroud that is attached to, or  partially  or  completely
 encircles,  the  barrel and that permits the shooter to hold the firearm
 with the non-trigger hand without being burned;
   [(vii)] (G) a manufactured weight of fifty ounces  or  more  when  the
 pistol is unloaded; or
   [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
 firearm;
   [(d)] (IV) a revolving cylinder shotgun;
   [(e)]  (V) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
 tomatic pistol or weapon defined in FORMER subparagraph (v) of paragraph
 (e) of subdivision twenty-two of section 265.00 of this chapter as added
 by chapter one hundred eighty-nine of  the  laws  of  two  thousand  and
 otherwise lawfully possessed pursuant to such chapter of the laws of two
 thousand prior to September fourteenth, nineteen hundred ninety-four;
   [(f)] (VI) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
 tomatic  pistol  or  weapon defined in THIS paragraph OR PARAGRAPH (a)[,
 (b) or (c)] of this subdivision, possessed prior to the date  of  enact-
 ment  of  [the]  chapter  ONE of the laws of two thousand thirteen which
 added this paragraph;
   [(g)] (VII) provided, however, that such term does not include:
   [(i)] (A) any rifle, shotgun or pistol  that  [(A)]  (I)  is  manually
 operated  by  bolt,  pump,  lever  or  slide action; [(B)] (II) has been
 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
 defined in 18 U.S.C.  921(a)(16);
   [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
 zine that holds more than five rounds of ammunition;
   [(iii)] (C) a semiautomatic shotgun that cannot hold  more  than  five
 rounds of ammunition in a fixed or detachable magazine; or
   [(iv)]  (D)  a  rifle,  shotgun or pistol, or a replica or a duplicate
 thereof, specified in Appendix A to 18 U.S.C. 922  as  such  weapon  was

 S. 266                             12
 
 manufactured  on  October first, nineteen hundred ninety-three. The mere
 fact that a weapon is not listed in Appendix A shall not be construed to
 mean that such weapon is an assault weapon;
   [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
 sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
 subject to the provisions of [paragraph (h)] SUBPARAGRAPH (VIII) of this
 [subdivision] PARAGRAPH;
   [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
 least fifty years prior to the current date, but not including  replicas
 thereof  that is validly registered pursuant to subdivision sixteen-a of
 section 400.00 of this chapter;
   [(h)] (VIII) Any weapon defined in [paragraph (e) or (f)] SUBPARAGRAPH
 (V) OR (VI) of this [subdivision] PARAGRAPH and any large capacity ammu-
 nition feeding device that was legally possessed by an individual  prior
 to  the enactment of [the] chapter ONE of the laws of two thousand thir-
 teen which added this paragraph, may only be sold to, exchanged with  or
 disposed  of  to a purchaser authorized to possess such weapons or to an
 individual or entity outside of the state provided that any such  trans-
 fer  to an individual or entity outside of the state must be reported to
 the entity wherein the weapon is registered within seventy-two hours  of
 such  transfer.  An  individual  who  transfers any such weapon or large
 capacity ammunition device to an individual inside  New  York  state  or
 without  complying with the provisions of this paragraph shall be guilty
 of a class A misdemeanor unless such large capacity  ammunition  feeding
 device,  the possession of which is made illegal by [the] chapter ONE of
 the laws of two thousand thirteen which added this [paragraph]  SUBPARA-
 GRAPH,  is  transferred  within  one year of the effective date of [the]
 chapter ONE of the laws of two thousand thirteen which added this [para-
 graph] SUBPARAGRAPH.
   § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   23. "Large capacity ammunition feeding device" means a magazine, belt,
 drum, feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER  THIR-
 TIETH,  NINETEEN  HUNDRED  NINETY-FOUR, that [(a)] has a capacity of, or
 that can be readily restored or  converted  to  accept,  more  than  ten
 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
 tion,  or (c) is obtained after the effective date of the chapter of the
 laws of two thousand thirteen which amended this subdivision and  has  a
 capacity  of,  or  that  can be readily restored or converted to accept,
 more than seven rounds of ammunition]; provided, however, that such term
 does not include an attached tubular  device  designed  to  accept,  and
 capable  of  operating  only  with, .22 caliber rimfire ammunition [or a
 feeding device that is a curio or relic. A  feeding  device  that  is  a
 curio or relic is defined as a device that (i) was manufactured at least
 fifty  years  prior  to  the current date, (ii) is only capable of being
 used exclusively in a firearm, rifle, or shotgun that  was  manufactured
 at least fifty years prior to the current date, but not including repli-
 cas  thereof,  (iii) is possessed by an individual who is not prohibited
 by state or federal law from possessing a firearm and (iv) is registered
 with the division of state police pursuant to subdivision  sixteen-a  of
 section  400.00 of this chapter, except such feeding devices transferred
 into the state may be registered at any time, provided they  are  regis-
 tered within thirty days of their transfer into the state. Notwithstand-
 ing  paragraph (h) of subdivision twenty-two of this section, such feed-
 ing devices may be transferred provided  that  such  transfer  shall  be

 S. 266                             13

 subject  to  the  provisions of section 400.03 of this chapter including
 the check required to be conducted pursuant to such section].
   §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   24. "Seller of ammunition" means any person, firm, partnership, corpo-
 ration or company who engages in the business of purchasing, selling  or
 keeping ammunition IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR
 BRONX.
   §  23.  The opening paragraph of section 265.01-b of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   A person is guilty of criminal possession of a firearm when he or she,
 BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR
 BRONX:    (1) possesses any firearm or; (2) lawfully possesses a firearm
 prior to the effective date of [the] chapter ONE  of  the  laws  of  two
 thousand  thirteen  which added this section subject to the registration
 requirements of subdivision sixteen-a of section 400.00 of this  chapter
 and  knowingly  fails to register such firearm pursuant to such subdivi-
 sion.
   § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20  of  the
 penal  law, paragraph 3 as amended and paragraph 7-f as added by chapter
 1 of the laws of 2013, are amended to read as follows:
   3. Possession of a pistol or revolver by a person to  whom  a  license
 therefor  has  been issued as provided under section 400.00 or 400.01 of
 this chapter or possession, IN THE COUNTY OF  KINGS,  QUEENS,  RICHMOND,
 NEW YORK OR BRONX, of a weapon as defined in SUBPARAGRAPH (V) OR (VI) OF
 paragraph  [(e)  or (f)] (B) of subdivision twenty-two of section 265.00
 of this article which is registered pursuant to paragraph (a) of  subdi-
 vision  sixteen-a of section 400.00 of this chapter or is included on an
 amended license issued pursuant to section 400.00 of  this  chapter.  In
 the  event  such license is revoked, other than because such licensee is
 no longer permitted to possess a firearm, rifle or shotgun under federal
 or state law, information sufficient  to  satisfy  the  requirements  of
 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
 mitted  by  the  licensing officer to the DIVISION OF state police, in a
 form as determined by the superintendent of state  police.  Such  trans-
 mission  shall  constitute  a  valid  registration  under  such section.
 Further provided, notwithstanding any other section  of  this  title,  a
 failure  to  register  such  weapon  by  an individual, IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, who  possesses  such  weapon
 before  the  enactment  of [the] chapter ONE of the laws of two thousand
 thirteen which amended this paragraph and may  so  lawfully  possess  it
 thereafter upon registration, shall only be subject to punishment pursu-
 ant  to paragraph (c) of subdivision sixteen-a of section 400.00 of this
 chapter; provided,  that  such  a  license  or  registration  shall  not
 preclude  a  conviction  for the offense defined in subdivision three of
 section 265.01 of this article or section 265.01-a of this article.
   7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
 device,  IN  THE  COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 that contains more than seven rounds of ammunition, but  that  does  not
 have  a  capacity  of  or can readily be restored or converted to accept
 more than ten rounds of ammunition, at an indoor or outdoor firing range
 located in or on premises owned  or  occupied  by  a  duly  incorporated
 organization organized for conservation purposes or to foster proficien-
 cy  in  arms;  at  an  indoor or outdoor firing range for the purpose of
 firing a rifle or shotgun; at a collegiate, olympic or  target  shooting
 competition  under  the  auspices  of  or approved by the national rifle

 S. 266                             14
 
 association; or at an organized match sanctioned  by  the  International
 Handgun Metallic Silhouette Association.
   §  25.  The  opening  paragraph of section 265.36 of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   It shall be unlawful for a person, IN THE  COUNTY  OF  KINGS,  QUEENS,
 RICHMOND, NEW YORK OR BRONX, to knowingly possess a large capacity ammu-
 nition feeding device manufactured before September thirteenth, nineteen
 hundred  ninety-four,  and  if such person lawfully possessed such large
 capacity feeding device before the effective date of [the]  chapter  ONE
 of  the laws of two thousand thirteen which added this section, that has
 a capacity of, or that can be readily restored or converted  to  accept,
 more than ten rounds of ammunition.
   §  26.  The  opening  paragraph of section 265.37 of the penal law, as
 amended by section 2 of part FF of chapter 57 of the laws  of  2013,  is
 amended to read as follows:
   It  shall be unlawful for a person to knowingly possess, IN THE COUNTY
 OF KINGS, QUEENS, RICHMOND, NEW YORK OR  BRONX,  an  ammunition  feeding
 device where such device contains more than seven rounds of ammunition.
   §  27.  The  opening  paragraph of section 265.45 of the penal law, as
 amended by section 3 of part FF of chapter 57 of the laws  of  2013,  is
 amended to read as follows:
   No person, RESIDING IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK
 OR  BRONX,  who  owns or is custodian of a rifle, shotgun or firearm who
 resides with an individual who such person knows or has reason  to  know
 is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
 (1), (4), (8) or (9) shall store or otherwise leave such rifle,  shotgun
 or  firearm  out  of  his or her immediate possession or control without
 having first securely locked such rifle, shotgun or firearm in an appro-
 priate safe storage depository or rendered it incapable of  being  fired
 by  use of a gun locking device appropriate to that weapon. For purposes
 of this section "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 contained therein. With respect to a person who
 is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
 for  purposes  of this section, this section applies only if such person
 has been convicted of a crime included in  subdivision  one  of  section
 370.15  of  the  criminal procedure law and such gun is possessed within
 five years from the later of the date of  conviction  or  completion  of
 sentence.  Nothing  in this section shall be deemed to affect, impair or
 supersede any special or local act  relating  to  the  safe  storage  of
 rifles, shotguns or firearms which impose additional requirements on the
 owner or custodian of such weapons.
   §  28. Subdivision 1 of section 400.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
 the laws of 2018, is 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

 S. 266                             15
 
 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; (f) who being an alien (i)  is  not
 illegally or unlawfully in the United States or (ii) has not been admit-
 ted to the United States under a nonimmigrant visa subject to the excep-
 tion  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 citi-
 zen 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;
 (j) who, BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND,  NEW
 YORK  OR BRONX, has not been involuntarily committed to a facility under
 the jurisdiction of an office of the department of mental hygiene pursu-
 ant 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  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: (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 stor-
 age 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,
 BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR
 BRONX,  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  manage  his
 or her own affairs; and (n) 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 twenty-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.
   § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
 law, as amended by chapter 1 of the laws of 2013, are amended to read as
 follows:
   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-

 S. 266                             16
 
 tion  is  made[,  including  but  not  limited to such records as may be
 accessible 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  phys-
 ical  descriptive  data  in quadruplicate of each individual by whom the
 application 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 corpo-
 rate 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.  Upon  completion  of  the  investigation, the police
 authority shall report the results  to  the  licensing  officer  without
 unnecessary delay.
   5.  Filing  of  approved  applications.  (a)  The  application for any
 license, if granted, shall be filed by the licensing  officer  with  the
 clerk  of  the  county  of issuance, except that in the city of New York
 and, in the counties of Nassau and Suffolk, the licensing officer  shall
 designate  the  place  of  filing in the appropriate division, bureau or
 unit of the police department thereof, and in the county of Suffolk  the
 county  clerk  is  hereby authorized to transfer all records or applica-
 tions relating to firearms to the licensing authority  of  that  county.
 Except  as  provided  in paragraphs (b) through [f] (E) of this subdivi-
 sion, the name and address of any person to whom an application for  any
 license has been granted shall be a public record. Upon application by a
 licensee who has changed his place of residence such records or applica-
 tions  shall be transferred to the appropriate officer at the licensee's
 new place of residence. A duplicate copy of such  application  shall  be

 S. 266                             17
 
 filed  by the licensing officer in the executive department, division of
 state police, Albany, within ten days after issuance of the license. The
 superintendent of state police may designate that such application shall
 be  transmitted  to  the division of state police electronically. In the
 event the superintendent of the division of state police determines that
 it lacks any of the records required to be filed with the  division,  it
 may  request  that  such  records  be  provided to it by the appropriate
 clerk, department or authority and such clerk, department  or  authority
 shall  provide  the division with such records. In the event such clerk,
 department or authority lacks such records, the division may request the
 license holder provide information sufficient to constitute such  record
 and  such  license  holder shall provide the division with such informa-
 tion. Such information shall be limited to the  license  holder's  name,
 date of birth, gender, race, residential address, social security number
 and  firearms possessed by said license holder. Nothing in this subdivi-
 sion shall be construed to change the expiration date or  term  of  such
 licenses  if  otherwise  provided  for  in  law.  [Records  assembled or
 collected for purposes of inclusion in the database established by  this
 section  shall  be released pursuant to a court order. Records assembled
 or collected for purposes of inclusion in the database created  pursuant
 to  section  400.02  of  this chapter shall not be subject to disclosure
 pursuant to article six of the public officers law.]
   (b) Each application for a license pursuant to paragraph (a)  of  this
 subdivision  shall  include,  on a separate written form prepared by the
 division of state police within thirty days of  the  effective  date  of
 [the]  chapter  ONE  of the laws of two thousand thirteen, which amended
 this section, and provided to the applicant at the same time and in  the
 same  manner  as  the  application for a license, an opportunity for the
 applicant to request an exception from his or her  application  informa-
 tion  becoming  public record pursuant to paragraph (a) of this subdivi-
 sion. Such forms, which shall also be made available to individuals  who
 had applied for or been granted a license prior to the effective date of
 [the]  chapter  ONE  of  the laws of two thousand thirteen which amended
 this section, shall notify  applicants  that,  upon  discovery  that  an
 applicant  knowingly  provided  false information, such applicant may be
 subject to penalties pursuant to section 175.30  of  this  chapter,  and
 further,  that  his  or  her  request for an exception shall be null and
 void, provided that written  notice  containing  such  determination  is
 provided to the applicant. Further, such forms shall provide each appli-
 cant  an  opportunity to specify the grounds on which he or she believes
 his or her application information should  not  be  publicly  disclosed.
 These  grounds,  which shall be identified on the application with a box
 beside each for checking, as applicable, by the applicant, shall  be  as
 follows:
   (i)  the  applicant's  life  or safety may be endangered by disclosure
 because:
   (A) the applicant is an active or retired police officer, peace  offi-
 cer, probation officer, parole officer, or corrections officer;
   (B)  the applicant is a protected person under a currently valid order
 of protection;
   (C) the applicant is or was a witness in a criminal proceeding involv-
 ing a criminal charge;
   (D) the applicant is participating or  previously  participated  as  a
 juror  in  a criminal proceeding, or is or was a member of a grand jury;
 or

 S. 266                             18
 
   (E) the applicant is a spouse, domestic partner or household member of
 a person identified in this subparagraph or subparagraph  (ii)  of  this
 paragraph,  specifying  which  subparagraph or subparagraphs and clauses
 apply.
   (ii) the applicant has reason to believe his or her life or safety may
 be endangered by disclosure due to reasons stated by the applicant.
   (iii)  the applicant has reason to believe he or she may be subject to
 unwarranted harassment upon disclosure of such information.
   (c) [Each form provided for recertification pursuant to paragraph  (b)
 of  subdivision ten of this section shall include an opportunity for the
 applicant to request an exception from the information provided on  such
 form  becoming  public record pursuant to paragraph (a) of this subdivi-
 sion. Such forms shall notify applicants that, upon  discovery  that  an
 applicant  knowingly  provided  false information, such applicant may be
 subject to penalties pursuant to section 175.30  of  this  chapter,  and
 further,  that  his  or  her  request for an exception shall be null and
 void, provided that written  notice  containing  such  determination  is
 provided to the applicant. Further, such forms shall provide each appli-
 cant  an opportunity to either decline to request the grant or continua-
 tion of an exception, or specify the grounds on which he or she believes
 his or her information should not be publicly disclosed. These  grounds,
 which  shall be identified in the application with a box beside each for
 checking, as applicable, by the applicant, shall be the same as provided
 in paragraph (b) of this subdivision.
   (d)] Information submitted on the forms described in paragraph (b)  of
 this subdivision shall be excepted from disclosure and maintained by the
 entity  retaining  such  information  separate  and apart from all other
 records.
   [(e)] (D) (i) Upon receiving a request for exception from  disclosure,
 the  licensing officer shall grant such exception, unless the request is
 determined to be null and void, pursuant to paragraph (b)[  or  (c)]  of
 this subdivision.
   (ii)  A  request  for an exception from disclosure may be submitted at
 any time, including after a license or recertification has been granted.
   (iii) If an exception is sought and granted pursuant to paragraph  (b)
 of  this  subdivision,  the  application information shall not be public
 record, unless the request is determined to  be  null  and  void.[If  an
 exception is sought and granted pursuant to paragraph (c) of this subdi-
 vision,  the  information  concerning  such  recertification application
 shall not be public record, unless the request is determined to be  null
 and void.]
   [(f)]  (E)  The  information  of licensees or applicants for a license
 shall not be disclosed to the public during the first one hundred twenty
 days following the effective date of [the] chapter ONE of  the  laws  of
 two  thousand  thirteen,  which amended this section. After such period,
 the information of those who had applied for or been granted  a  license
 prior to the preparation of the form for requesting an exception, pursu-
 ant  to  paragraph (b) of this subdivision, may be released only if such
 individuals did not file a request for  such  an  exception  during  the
 first  sixty days following such preparation; provided, however, that no
 information contained in an application for licensure or recertification
 shall be disclosed by an entity that has not  completed  processing  any
 such requests received during such sixty days.
   [(g)]  (F)  If a request for an exception is determined to be null and
 void pursuant to paragraph (b) [or (c)] of this subdivision,  an  appli-
 cant may request review of such determination pursuant to article seven-

 S. 266                             19
 
 ty-eight  of  the  civil  practice [laws] LAW and rules. Such proceeding
 must commence within thirty days after service  of  the  written  notice
 containing  the  adverse  determination. Notice of the right to commence
 such  a petition, and the time period therefor, shall be included in the
 notice of the determination. Disclosure following such a petition  shall
 not be made prior to the disposition of such review.
   10.  License: expiration, certification and renewal. [(a)] Any license
 for gunsmith or dealer in firearms and, in the city  of  New  York,  any
 license  to  carry  or  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  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  accord-
 ance  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 information only:
 current name, date of birth, current address, and the make, model, cali-
 ber and serial number of all firearms currently possessed. Such  certif-
 ication  information shall be filed by the licensing 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
 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 applica-
 tion 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  satisfactory  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  dupli-
 cate license.
   [(b)  All  licensees  shall  be  recertified  to the division of state
 police every five years thereafter. Any license issued before the effec-
 tive date of the chapter 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, firearms possessed by

 S. 266                             20

 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 desig-
 nated  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 process 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.]
   11. License: revocation and suspension. (a) The conviction of a licen-
 see  anywhere  of a felony or serious offense [or a licensee at any time
 becoming ineligible to obtain a license under this section] shall  oper-
 ate  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 time  in  the  city  of  New
 York,  and in the counties of Nassau and Suffolk, by the licensing offi-
 cer, 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. 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.
   (b) Whenever the director of community services  IN  THE  COUNTIES  OF
 KINGS,  QUEENS,  RICHMOND,  NEW  YORK  AND BRONX, or his or her designee
 makes a report pursuant to section 9.46 of the mental hygiene  law,  the
 division  of  criminal  justice  services shall convey such information,
 whenever it determines that the person named in the report  possesses  a
 license  issued  pursuant  to this section, to the appropriate licensing
 official, who shall issue an order suspending or revoking such license.
   (c) In any instance in  which  a  person's  license  is  suspended  or
 revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
 shall surrender such license to the appropriate licensing  official  and
 any  and  all  firearms,  rifles, or shotguns owned or possessed by such
 person shall be surrendered to an appropriate law enforcement agency  as
 provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
 section 265.20 of this chapter. In  the  event  such  license,  firearm,
 shotgun,  or  rifle  is not surrendered, such items shall be removed and
 declared a nuisance and any  police  officer  or  peace  officer  acting
 pursuant  to  his  or her special duties is authorized to remove any and
 all such weapons.
   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 possess the same, or proof of lawful
 authority as an  exempt  person  pursuant  to  section  265.20  OF  THIS
 CHAPTER.    In addition, before delivering a firearm to a peace officer,

 S. 266                             21
 
 the licensee shall verify that person's status as a peace  officer  with
 the division of state police. After completing the foregoing, the licen-
 see  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 possess, or
 the shield or other number, if any, assignment and department,  unit  or
 agency, 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  data-
 base  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 busi-
 ness 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 depart-
 ment, division of state police.
   § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
 the laws of 2013, is amended to read as follows:
   16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
 or (f)] SUBPARAGRAPH (V) OR (VI) OF PARAGRAPH (B) of  subdivision  twen-
 ty-two  of  section 265.00 of this chapter, WHO RESIDES IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, possessed before the date of
 the effective date of [the] chapter ONE of  the  laws  of  two  thousand
 thirteen  which added this paragraph, must make an application to regis-
 ter such weapon with the superintendent of state police, in  the  manner
 provided by the superintendent, or by amending a license issued pursuant
 to  this  section within one year of the effective date of this subdivi-
 sion except any weapon defined under [subparagraph (vi)] CLAUSE  (F)  OF
 SUBPARAGRAPH  (VII)  of paragraph [(g)] (B) of subdivision twenty-two of
 section 265.00 of this chapter transferred into the state may be  regis-
 tered  at  any  time, provided such weapons are registered within thirty
 days of their transfer into the state.  Registration  information  shall
 include  the registrant's name, date of birth, gender, race, residential
 address, social security number and a description of each  weapon  being
 registered. A registration IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW
 YORK  OR  BRONX,  of any weapon defined under [subparagraph (vi)] CLAUSE
 (F) OF SUBPARAGRAPH (VII) of paragraph [(g)] (B) of subdivision  twenty-
 two  of  section 265.00 or a feeding device as defined under subdivision
 twenty-three of section 265.00 of this chapter  shall  be  transferable,
 provided  that  the  seller notifies the DIVISION OF state police within
 seventy-two hours of the transfer and the buyer provides the DIVISION OF
 state police with information sufficient to  constitute  a  registration

 S. 266                             22
 
 under  this section. Such registration shall not be valid if such regis-
 trant is prohibited or becomes  prohibited  from  possessing  a  firearm
 pursuant  to  state  or  federal law. The superintendent shall determine
 whether  such  registrant  is prohibited from possessing a firearm under
 state or federal law. Such check shall be limited to determining whether
 the factors in 18 USC 922 (g) apply or whether  a  registrant  has  been
 convicted  of  a  serious offense as defined in subdivision sixteen-b of
 section 265.00 of this chapter, so as to prohibit such  registrant  from
 possessing  a  firearm, and whether a report has been issued pursuant to
 section 9.46 of the mental hygiene law.   [All] SUCH  registrants  shall
 recertify  to  the division of state police every five years thereafter.
 Failure to recertify shall result in a revocation of such registration.
   (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
 this  subdivision, an owner, WHO RESIDES IN THE COUNTY OF KINGS, QUEENS,
 RICHMOND, NEW YORK OR BRONX, of an assault weapon as defined in subdivi-
 sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
 retired New York or federal law enforcement officer as defined in subdi-
 vision  twenty-five of section 265.00 of this chapter, where such weapon
 was issued to or purchased by such officer prior to  retirement  and  in
 the course of his or her official duties, and for which such officer was
 qualified  by the agency that employed such officer within twelve months
 prior to his or her retirement, must register such weapon  within  sixty
 days of retirement.
   (b)  The  superintendent  of state police shall create and maintain an
 internet website to educate the public, WHO  RESIDE  IN  THE  COUNTY  OF
 KINGS,  QUEENS,  RICHMOND,  NEW YORK OR BRONX, as to which semiautomatic
 rifle, semiautomatic shotgun or semiautomatic pistol or weapon that  are
 illegal as a result of the enactment of [the] chapter ONE of the laws of
 two  thousand  thirteen  which  added  this  paragraph,  as well as such
 assault weapons which  are  illegal  pursuant  to  article  two  hundred
 sixty-five  of  this  chapter. Such website shall contain information to
 assist [the] SUCH public in recognizing the relevant features proscribed
 by such article two hundred sixty-five, as well as which make and  model
 of weapons that require registration.
   (c)  A  person,  WHO RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND,
 NEW YORK OR BRONX, who knowingly fails to apply to register such weapon,
 as required by this section, within one year of the  effective  date  of
 [the]  chapter ONE of the laws of two thousand thirteen which added this
 paragraph shall be guilty of a class A misdemeanor and such  person  who
 unknowingly  fails  to validly register such weapon within such one year
 period shall be given  a  warning  by  an  appropriate  law  enforcement
 authority  about such failure and given thirty days in which to apply to
 register such weapon or to surrender it. A failure to apply or surrender
 such weapon within such thirty-day period shall result  in  such  weapon
 being removed by an appropriate law enforcement authority and declared a
 nuisance.
   § 31. Section 400.02 of the penal law is REPEALED.
   §  32.  Section  400.03 of the penal law, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
 § 400.03 Sellers of ammunition.
   1. A seller of ammunition as defined  in  subdivision  twenty-four  of
 section  265.00  of  this chapter DOING BUSINESS IN THE COUNTY OF KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, shall register with the superinten-
 dent of state police in a manner provided  by  the  superintendent.  Any
 dealer  in  firearms that is validly licensed pursuant to section 400.00
 of this article shall not be required to complete such registration.

 S. 266                             23
 
   2. Any seller of ammunition or dealer in firearms  DOING  BUSINESS  IN
 THE  COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, shall keep a
 record book approved as to form by the superintendent of  state  police.
 In  the  record  book  shall be entered at the time of every transaction
 involving  ammunition  the  date, name, age, occupation and residence of
 any person from whom ammunition is received or  to  whom  ammunition  is
 delivered,  and  the  amount,  calibre,  manufacturer's  name and serial
 number, or if none, any other distinguishing  number  or  identification
 mark  on  such  ammunition.  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 or her special duties, or police officer. Any record produced pursu-
 ant to this section and any transmission thereof to any government agen-
 cy shall not be considered a public record for purposes of  article  six
 of the public officers law.
   3.  [No  later  than thirty days after the superintendent of the state
 police certifies that the statewide license and record  database  estab-
 lished pursuant to section 400.02 of this article is operational for the
 purposes  of  this section, a] A dealer in firearms licensed pursuant to
 section 400.00 of this article, a seller of  ammunition  as  defined  in
 subdivision twenty-four of section 265.00 of this chapter DOING BUSINESS
 IN  THE  COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, shall not
 transfer any ammunition to any other person  who  is  not  a  dealer  in
 firearms  as  defined  in  subdivision  nine of such section 265.00 or a
 seller of ammunition as defined in subdivision  twenty-four  of  section
 265.00 of this chapter, unless:
   (a)  before  the  completion  of  the transfer, the licensee or seller
 contacts the [statewide license and record database]  SUPERINTENDENT  OF
 STATE POLICE and provides the [database] SUPERINTENDENT with information
 sufficient to identify such dealer or seller, transferee based on infor-
 mation  on  the transferee's identification document as defined in para-
 graph (c) of this subdivision, as well as the amount, calibre,  manufac-
 turer's name and serial number, if any, of such ammunition;
   (b) the [system] SUPERINTENDENT provides the licensee or seller with a
 unique identification number; and
   (c)  the  transferor  has  verified  the identity of the transferee by
 examining a valid state identification document of the transferee issued
 by the department of motor vehicles or if the transferee is not a  resi-
 dent of the state of New York, a valid identification document issued by
 the  transferee's  state or country of residence containing a photograph
 of the transferee.
   4. If the [database] SUPERINTENDENT OF STATE  POLICE  determines  that
 the  purchaser  of ammunition is eligible to possess ammunition pursuant
 to state and federal laws, [the system] HE OR SHE shall:
   (a) assign a unique identification number to the transfer; and
   (b) provide the licensee or seller with the number.
   5. If the [statewide license and record  database]  SUPERINTENDENT  OF
 STATE POLICE notifies the licensee or seller that the information avail-
 able  [to the database] does not demonstrate that the receipt of ammuni-
 tion by such other person would violate 18 U.S.C. 922(g) or  state  law,
 and the licensee transfers ammunition to such other person, the licensee
 shall  indicate  to  the [database] SUPERINTENDENT that such transaction
 has been completed at which point a record of such transaction shall  be
 created  which  shall  be accessible by the division of state police and
 maintained for no longer than one year from point  of  purchase[,  which
 shall  not  be  incorporated  into  the database established pursuant to

 S. 266                             24

 section 400.02 of this article or the registry established  pursuant  to
 subdivision  sixteen-a  of section 400.00 of this article]. The division
 of state police may share such information with a local law  enforcement
 agency.  Evidence  of  the  purchase  of ammunition is not sufficient to
 establish probable cause to believe that the purchaser has  committed  a
 crime  absent  other  information  tending  to prove the commission of a
 crime. Records assembled or accessed pursuant to this section shall  not
 be  subject to disclosure pursuant to article six of the public officers
 law. This requirement of this section shall not apply  (i)  if  a  back-
 ground  check  cannot be completed because the system is not operational
 as determined by the superintendent of state police, or where it  cannot
 be  accessed  by  the  practitioner  due to a temporary technological or
 electrical failure, as set forth in regulation,  or  (ii)  a  dealer  or
 seller  has  been granted a waiver from conducting such background check
 if the superintendent of state police determines  that  such  dealer  is
 incapable  of  such  check 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 such superintendent.
   6. If the superintendent of state  police  certifies  that  background
 checks  of  ammunition  purchasers IN THE COUNTY OF KINGS, QUEENS, RICH-
 MOND, NEW YORK OR BRONX may be conducted through  the  national  instant
 criminal  background  check  system,  use  of that system by a dealer or
 seller shall be sufficient to satisfy subdivisions four and five of this
 section and such checks shall be conducted through such system, provided
 that a record of such transaction shall be forwarded to the state police
 in a form determined by the superintendent.
   7. No commercial transfer of ammunition shall take place IN THE COUNTY
 OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX unless a  licensed  dealer
 in  firearms  or registered seller of ammunition acts as an intermediary
 between the transferor and the ultimate transferee of the ammunition for
 the purposes of contacting the statewide  license  and  record  database
 pursuant  to  this  section. Such transfer between the dealer or seller,
 and transferee must occur in person.
   8. A seller of ammunition who  fails  to  register  pursuant  to  this
 section  and sells ammunition, for a first offense, shall be guilty of a
 violation and subject to the fine of one  thousand  dollars  and  for  a
 second offense, shall be guilty of a class A misdemeanor.
   A seller of ammunition that fails to keep any record required pursuant
 to  this section, for a first offense shall be guilty of a violation and
 subject to a fine of five hundred dollars,  and  for  a  second  offense
 shall  be  guilty of a class B misdemeanor, and the registration of such
 seller shall be revoked.
   § 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
 400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
 are amended to read as follows:
   (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
 on;  (ii)  IN  THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 ammunition as well as a firearm, rifle or shotgun who suffers  the  loss
 or  theft  of such ammunition as well as a firearm, rifle or shotgun; or
 (iii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, ammu-
 nition and is a dealer in firearms or seller of ammunition  who  suffers
 the  loss  or theft of such ammunition shall within twenty-four hours of
 the discovery of the loss or theft report the facts and circumstances of
 the loss or theft to a police department or sheriff's office.

 S. 266                             25
 
   3. Notwithstanding any other provision of law, a  violation  of  para-
 graph  (a) of subdivision one of this section shall be [a class A misde-
 meanor] PUNISHABLE ONLY BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
   § 34. Section 2509 of the surrogate's court procedure act, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
 § 2509. Firearms inventory
   Whenever,  by  regulation, rule or statute, a fiduciary or attorney of
 record IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX  must
 file  a  list of assets constituting a decedent's estate, such list must
 include a particularized  description  of  every  firearm,  shotgun  and
 rifle,  as  such  terms  are defined in section 265.00 of the penal law,
 that are part of such estate. Such list must be filed  with  the  surro-
 gate's  court  in  the county in which the estate proceeding, if any, is
 pending and a copy must be filed with the division of  criminal  justice
 services.
   § 35. This act shall take effect immediately.