S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4496
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. STEC -- Multi-Sponsored by -- M. of A. BARCLAY,
   CROUCH, FINCH, GOODELL, HAWLEY, KOLB, PALMESANO, WALSH  --  read  once
   and referred to the Committee on Codes
 
 AN  ACT to amend the family court act, in relation to the suspension and
   revocation of a license to  carry  firearms;  to  amend  the  domestic
   relations law, in relation to orders of protection; to amend the penal
   law,  in  relation  to  the applicability of certain provisions of the
   penal  law,  large  capacity  ammunition  feeding  devices,  and   gun
   licenses;  to amend section 58 of chapter 1 of the laws of 2013 amend-
   ing the criminal procedure law and other laws relating  to  suspension
   and  revocation  of  firearms  licenses;  private  sale or disposal of
   firearms, rifles or shotguns and establishing a minimum age to possess
   a firearm, in relation to the effectiveness  thereof;  and  to  repeal
   article  39-DDD  of  the  general business law relating to the private
   sale or disposal of firearms, rifles and shotguns, section 9.46 of the
   mental hygiene law relating to reports of substantial risk  or  threat
   of  harm by mental health professionals, sections 37, 38, 46 and 51 of
   chapter 1 of the laws of 2013, amending the criminal procedure law and
   other laws relating to suspension and revocation of firearms licenses;
   private sale or disposal of firearms, rifles or  shotguns  and  estab-
   lishing  a  minimum  age to possess a firearm relating to gun control,
   section 265.01-b of the penal law relating to criminal possession of a
   firearm,  section  265.36  of  the  penal  law  relating  to  unlawful
   possession  of  a  large capacity ammunition feeding device, 265.37 of
   the penal law relating to unlawful possession  of  certain  ammunition
   feeding  devices, 265.45 of the penal law relating to the safe storage
   of rifles, shotguns, and firearms, 400.02 of the penal law relating to
   the statewide license and record database and 400.03 of the penal  law
   relating to sellers of ammunition, and section 2509 of the surrogate's
   court procedure act relating to a firearms inventory
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08756-01-9

 A. 4496                             2
 
   Section 1. 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. 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] AND/OR 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.
   § 2. 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. 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] AND/OR 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.
   §  3.  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.  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] AND/OR 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.
   § 4. 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. 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] AND/OR 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.
   §  5.  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  shall  make  a
 determination  regarding  the  suspension  [and]  AND/OR 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 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 subdivi-
 sion (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 compen-
 sation is incorporated in a final judgment or settlement of the action.
   § 6. 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:

 A. 4496                             3
 
   9.  Upon  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]  AND/OR 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 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 subdivi-
 sion (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 compen-
 sation is incorporated in a final judgment or settlement of the action.
   § 7. Article 39-DDD of the general business law is REPEALED.
   § 8. Section 9.46 of the mental hygiene law is REPEALED.
   § 9. Sections 37, 38, 46 and 51 of chapter 1  of  the  laws  of  2013,
 amending  the  criminal procedure law and other laws relating to suspen-
 sion and revocation of firearms licenses; private sale  or  disposal  of
 firearms, rifles or shotguns and establishing a minimum age to possess a
 firearm are REPEALED.
   §  10. Sections 265.01-b, 265.36, 265.37, 265.45, 400.02 and 400.03 of
 the penal law are REPEALED.
   § 11. Subdivision 8 of section 265.02 of the penal law, as amended  by
 chapter 1 of the laws of 2013, is amended to read as follows:
   (8) Such person possesses a large capacity ammunition feeding device[.
 For  purposes  of  this subdivision, a large capacity ammunition feeding
 device shall not include an ammunition feeding device lawfully possessed
 by such person before the effective date of the chapter of the  laws  of
 two thousand thirteen which amended this subdivision, that has a capaci-
 ty  of, or that can be readily restored or converted to accept more than
 seven but less than eleven rounds of ammunition, or  that  was  manufac-
 tured  before  September  thirteenth, nineteen hundred ninety-four, that
 has a capacity of, or that can  be  readily  restored  or  converted  to
 accept, more than ten rounds of ammunition]; or
   §  12.  Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00 of the
 penal law, subdivisions 5, 10 and 12 as amended  and  subdivisions  16-a
 and  16-b as added by chapter 1 of the laws of 2013, and paragraph (a-1)
 of subdivision 16-a as added by chapter 98 of  the  laws  of  2013,  are
 amended to read as follows:
   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) of this subdivision,
 the] THE name and address of any person to whom an application  for  any
 license  has been granted shall NOT be a public record. Upon application
 by a licensee who has changed his place of  residence  such  records  or
 applications  shall  be  transferred  to  the appropriate officer at the
 licensee's new place of residence. A duplicate copy of such  application
 shall  be  filed  by  the licensing officer in the executive department,

 A. 4496                             4
 
 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  elec-
 tronically.  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, depart-
 ment or authority shall provide the division with such records.  In  the
 event  such clerk, department or authority lacks such records, the divi-
 sion may request the license holder provide  information  sufficient  to
 constitute  such  record and such license holder shall provide the divi-
 sion with such information. 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 subdivision 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  estab-
 lished  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  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 appli-
 cant to request an exception from his  or  her  application  information
 becoming  public  record  pursuant to paragraph (a) of this subdivision.
 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 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 applicant an opportunity to spec-
 ify 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
   (E) the applicant is a spouse, domestic partner or household member of
 a person identified in this subparagraph or subparagraph  (ii)  of  this

 A. 4496                             5

 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) (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) 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 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, pursuant to para-
 graph (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) If a request for an exception is determined to be  null  and  void
 pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
 request review of such determination pursuant to  article  seventy-eight
 of  the  civil  practice  laws  and rules. Such proceeding must commence
 within thirty days after service of the written  notice  containing  the

 A. 4496                             6

 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
 such  license  holder, email address at the option of the license holder
 and an affirmation that such  license  holder  is  not  prohibited  from

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 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.]
   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. In addition,
 before delivering a firearm to a peace officer, the licensee shall veri-
 fy that person's status as a peace officer with the  division  of  state
 police.  After  completing  the foregoing, the licensee shall remove and
 retain the attached coupon and enter in the record book the date of such
 license, number, if any, and name of the licensing officer, in the  case
 of  the  holder of a license to carry or 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 electronic form if  the  super-
 intendent  determines that such dealer is incapable 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 established in regulation,  and  at
 the  discretion  of  the superintendent. [Records assembled or collected
 for purposes of inclusion in the database created  pursuant  to  section
 400.02  of  this  article shall not be subject to disclosure pursuant to
 article six of the public officers law.] The record book shall be  main-
 tained  on the premises mentioned and described in the license and shall
 be open at all reasonable hours for inspection  by  any  peace  officer,
 acting  pursuant  to his special duties, or police officer. In the event
 of cancellation or revocation of the license for gunsmith or  dealer  in
 firearms,  or discontinuance of business by a licensee, such record book
 shall be immediately surrendered to the licensing officer in the city of
 New York, and in the counties of Nassau and Suffolk,  and  elsewhere  in
 the state to the executive department, division of state police.
   16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
 or  (f)  of  subdivision  twenty-two  of section 265.00 of this chapter,
 possessed before the date of the effective date of the  chapter  of  the
 laws  of  two thousand thirteen which added this paragraph, must make an
 application to register 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 subdivision except any weapon  defined  under  subparagraph
 (vi)  of  paragraph  (g)  of subdivision twenty-two of section 265.00 of

 A. 4496                             8

 this chapter transferred into the state may be registered at  any  time,
 provided  such weapons are registered within thirty days of their trans-
 fer into the state. Registration information shall  include  the  regis-
 trant's  name,  date of birth, gender, race, residential address, social
 security number and a description of each  weapon  being  registered.  A
 registration  of any weapon defined under subparagraph (vi) of paragraph
 (g) 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 state
 police within seventy-two hours of the transfer and the  buyer  provides
 the  state  police with information sufficient to constitute a registra-
 tion under this section. Such registration shall not be  valid  if  such
 registrant 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 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 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 as to which semiautomatic rifle,
 semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
 as a result of the enactment of the chapter 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 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 knowingly fails to apply to register such weapon, as
 required by this section, within one year of the effective date  of  the
 chapter  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.
   16-b.] The cost of the software, programming and interface required to
 transmit any record that must be electronically transmitted by the deal-

 A. 4496                             9
 
 er or licensing officer to the division of state police pursuant to this
 chapter shall be borne by the state.
   § 13. Section 2509 of the surrogate's court procedure act is REPEALED.
   §  14. Section 58 of chapter 1 of the laws of 2013 amending the crimi-
 nal procedure law and other laws relating to suspension  and  revocation
 of  firearms  licenses;  private sale or disposal of firearms, rifles or
 shotguns and establishing a minimum age to possess a  firearm,  subdivi-
 sion  b  as amended by section 4 of part FF of chapter 57 of the laws of
 2013, is amended to read as follows:
   § 58. This act shall take effect immediately; provided, however, that:
   a. Sections one, two, three, four, five, [six,  seven,  eight,  nine,]
 ten,  [eleven, twelve,] thirteen, fourteen, fifteen, sixteen, seventeen,
 eighteen,  nineteen,  [twenty,]  twenty-one,  twenty-two,  twenty-three,
 twenty-four,  twenty-five, twenty-six, twenty-six-a, twenty-seven, twen-
 ty-eight, twenty-nine,  thirty,  thirty-one,  thirty-two,  thirty-three,
 thirty-four,  thirty-five,  thirty-six,  thirty-nine, forty, [forty-one,
 forty-one-a, forty-one-b,] forty-two, forty-three,  forty-five,  [forty-
 six,  forty-six-a,  forty-seven,  fifty-one,]  fifty-two, [fifty-three,]
 fifty-four, fifty-five, and fifty-six of this act shall take  effect  on
 the sixtieth day after it shall have become a law;
   b.  [The  amendments  to subdivision 23 of section 265.00 of the penal
 law made by section thirty-eight of this act shall take  effect  on  the
 ninetieth  day  after  this act shall have become a law, except that the
 amendments designating paragraph (a) of subdivision 23 shall take effect
 immediately; and provided further that the effective date of the  amend-
 ments  adding  paragraphs  (b)  and  (c)  to  such  subdivision shall be
 suspended and not effective;
   c.] The amendments to subdivision 1, paragraph (a) of  subdivision  3,
 and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
 penal  law made by section forty-eight of this act shall take effect one
 year after this act shall have become a law;
   [d. The amendments to subdivision 16-a of section 400.00 of the  penal
 law  made  by  section  forty-eight of this act shall take effect on the
 ninetieth day after this act shall have become a law;
   e. The amendments to sections 400.02 and 400.03 of the penal law  made
 by  sections forty-nine and fifty of this act shall take effect one year
 after it shall have become a law;] and
   [f.] C. The amendments to subdivision (b) of section 9.47 and sections
 9.48 and 9.60 of the mental hygiene law  made  by  sections  twenty-one,
 twenty-two  and twenty-three of this act shall not affect the expiration
 and repeal of such paragraph and sections and shall be  deemed  repealed
 therewith.
   §  15.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 16. This act shall take effect immediately.