S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    613
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, DINOWITZ, STERN, SIMON, GRIFFIN,
   PAULIN, OTIS, JACOBSON -- read once and referred to the  Committee  on
   Codes
 
 AN  ACT to amend the penal law, in relation to enacting the Jose Webster
   untraceable firearms act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as the "Jose
 Webster untraceable firearms act".
   § 2. Subdivision 8 of section 265.00 of the penal law, as  amended  by
 chapter 189 of the laws of 2000, is amended to read as follows:
   8.  "Gunsmith" means (A) any person, firm, partnership, corporation or
 company who engages in the business of repairing, altering,  assembling,
 manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
 performs any mechanical operation on, any firearm, large capacity  ammu-
 nition  feeding  device or machine-gun; OR (B) ANY PERSON WHO ASSEMBLES,
 MANUFACTURES, FABRICATES, BUILDS, OR FITS TOGETHER THE  COMPONENT  PARTS
 OF A FIREARM, RIFLE OR SHOTGUN, REGARDLESS OF WHETHER THE FIREARM, RIFLE
 OR  SHOTGUN  IS  INTENDED  FOR  PERSONAL USE, COMMERCIAL SALE OR FOR ANY
 OTHER PURPOSE.  "GUNSMITH" SHALL NOT INCLUDE  ANY  PERSON  WHO  PERFORMS
 ROUTINE  CLEANING  OR MAINTENANCE ON A LAWFULLY POSSESSED FIREARM, RIFLE
 OR SHOTGUN FOR NON-COMMERCIAL PURPOSES.
   § 3. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 32 to read as follows:
   32. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT DOES NOT COMPLY
 WITH THE PROVISIONS OF SECTION 265.07 OF THIS ARTICLE AND IS NOT SERIAL-
 IZED IN ACCORDANCE WITH THE REQUIREMENTS IMPOSED ON  LICENSED  IMPORTERS
 AND  LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I) OF SECTION 923 OF
 TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
 ETO, EXCEPT FOR ANTIQUE FIREARMS AS DEFINED IN SUBDIVISION  FOURTEEN  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00324-01-1

 A. 613                              2
 
 THIS SECTION, AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SIX OF THE LAWS OF
 NINETEEN HUNDRED SEVENTY-FOUR, OR ANY FIREARM, RIFLE OR SHOTGUN MANUFAC-
 TURED PRIOR TO NINETEEN HUNDRED SIXTY-EIGHT.
   §  4.  Subdivision  10 of section 265.02 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
 added to read as follows:
   (10)  Such  person  possesses an unloaded firearm and also commits any
 violent felony offense as defined in subdivision one of section 70.02 of
 this chapter as part of the same criminal transaction[.]; OR
   (11) SUCH PERSON IS NOT A GUNSMITH DULY LICENSED PURSUANT  TO  SECTION
 400.00  OF  THIS  CHAPTER AND POSSESSES A GHOST GUN, PROVIDED THAT FOR A
 PERIOD OF SIX MONTHS AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  A
 PERSON  SHALL  NOT  BE  GUILTY OF CRIMINAL POSSESSION OF A WEAPON IN THE
 THIRD DEGREE WHEN SUCH PERSON POSSESSES A GHOST GUN DURING  THE  PROCESS
 OF  PROVIDING  SUCH  GHOST  GUN  TO A GUNSMITH DULY LICENSED PURSUANT TO
 SECTION 400.00 OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUN
 SERIALIZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   § 5. The penal law is amended by adding a new section 265.07  to  read
 as follows:
 § 265.07 REGISTRATION  AND  SERIALIZATION OF FIREARMS, RIFLES, SHOTGUNS,
            FINISHED  FRAMES  OR  RECEIVERS,  AND  UNFINISHED  FRAMES  OR
            RECEIVERS BY GUNSMITHS.
   (1)  FOR  THE PURPOSES OF THIS SECTION, "UNFINISHED FRAME OR RECEIVER"
 MEANS A PIECE OF ANY MATERIAL THAT DOES  NOT  CONSTITUTE  THE  FRAME  OR
 RECEIVER  OF  A  FIREARM,  RIFLE  OR SHOTGUN BUT THAT HAS BEEN SHAPED OR
 FORMED IN ANY WAY FOR THE PURPOSE OF BECOMING THE FRAME OR RECEIVER OF A
 FIREARM, RIFLE OR SHOTGUN, AND WHICH MAY READILY BE MADE  INTO  A  FUNC-
 TIONAL  FRAME OR RECEIVER THROUGH MILLING, DRILLING OR OTHER MEANS.  THE
 TERM SHALL NOT INCLUDE A PIECE OF MATERIAL THAT  HAS  HAD  ITS  SIZE  OR
 EXTERNAL  SHAPE  ALTERED  TO FACILITATE TRANSPORTATION OR STORAGE OR HAS
 HAD ITS CHEMICAL COMPOSITION ALTERED.
   (2) A GUNSMITH SHALL ENGRAVE, CAST, STAMP OR  OTHERWISE  CONSPICUOUSLY
 PLACE  BOTH  A  UNIQUE  SERIAL NUMBER AND HIS OR HER NAME (OR RECOGNIZED
 ABBREVIATION) ON ANY FIREARM, RIFLE, SHOTGUN, FINISHED FRAME OR  RECEIV-
 ER,  OR UNFINISHED FRAME OR RECEIVER THAT HE OR SHE MANUFACTURES, ASSEM-
 BLES OR CAUSES TO BE MANUFACTURED OR ASSEMBLED AFTER THE EFFECTIVE  DATE
 OF  THIS SECTION, REGARDLESS OF THE MANNER OF MANUFACTURING OR ASSEMBLY,
 IN A MANNER THAT  SATISFIES  OR  EXCEEDS  THE  REQUIREMENTS  IMPOSED  ON
 LICENSED IMPORTERS AND LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I)
 OF  SECTION  923  OF  TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS
 ISSUED PURSUANT THERETO.
   (3) A GUNSMITH SHALL REGISTER WITH THE DIVISION OF  STATE  POLICE  ANY
 FIREARM, RIFLE, SHOTGUN, FINISHED FRAME OR RECEIVER, OR UNFINISHED FRAME
 OR RECEIVER THAT HE OR SHE MANUFACTURES, ASSEMBLES OR CAUSES TO BE MANU-
 FACTURED  OR ASSEMBLED AFTER THE EFFECTIVE DATE OF THIS SECTION, REGARD-
 LESS OF THE MANNER OF MANUFACTURING OR ASSEMBLY, THAT WOULD  NOT  OTHER-
 WISE  BE  SUBJECT  TO THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS AND
 LICENSED MANUFACTURERS PURSUANT TO SUBSECTION  (I)  OF  SECTION  923  OF
 TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
 ETO.
   ANY  GUNSMITH  WHO FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION
 SHALL BE GUILTY OF A CLASS C FELONY.
   § 6. Section 265.10 of the penal law is amended by adding a new subdi-
 vision 8 to read as follows:
   8. ANY PERSON OTHER THAN A GUNSMITH DULY LICENSED PURSUANT TO  SECTION
 400.00  OF  THIS CHAPTER WHO ASSEMBLES, MANUFACTURES, FABRICATES, BUILDS

 A. 613                              3
 
 OR FITS TOGETHER THE COMPONENT PARTS OF A  FIREARM,  RIFLE  OR  SHOTGUN,
 OTHER  THAN  FOR  THE PURPOSES OF PERFORMING ROUTINE CLEANING OR MAINTE-
 NANCE ON A LAWFULLY POSSESSED FIREARM, RIFLE OR SHOTGUN FOR  NON-COMMER-
 CIAL PURPOSES, IS GUILTY OF A CLASS C FELONY.
   §  7.  The  penal  law is amended by adding three new sections 265.60,
 265.61 and 265.62 to read as follows:
 § 265.60 CRIMINAL SALE OF A GHOST GUN IN THE THIRD DEGREE.
   1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  A
 PERSON  IS  GUILTY  OF  CRIMINAL SALE OF A GHOST GUN IN THE THIRD DEGREE
 WHEN SUCH PERSON SELLS, EXCHANGES, GIVES OR DISPOSES OF A GHOST GUN.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 THIRD DEGREE WHEN SUCH PERSON:
   (A) VOLUNTARILY SURRENDERS SUCH GHOST GUN TO ANY LAW ENFORCEMENT OFFI-
 CIAL DESIGNATED PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDI-
 VISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B)  WITHIN  SIX  MONTHS  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION,
 PROVIDES SUCH GHOST GUN TO A GUNSMITH DULY LICENSED PURSUANT TO  SECTION
 400.00 OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUN SERIAL-
 IZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 265.61 CRIMINAL SALE OF A GHOST GUN IN THE SECOND DEGREE.
   1.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, A
 PERSON IS GUILTY OF CRIMINAL SALE OF A GHOST GUN IN  THE  SECOND  DEGREE
 WHEN SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF FIVE OR MORE GHOST GUNS; OR
   (B)  SELLS,  EXCHANGES,  GIVES  OR DISPOSES OF A TOTAL OF FIVE OR MORE
 GHOST GUNS IN A PERIOD OF NOT MORE THAN ONE YEAR.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 SECOND DEGREE WHEN SUCH PERSON:
   (A) VOLUNTARILY SURRENDERS SUCH GHOST  GUNS  TO  ANY  LAW  ENFORCEMENT
 OFFICIAL  DESIGNATED  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
 SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B) WITHIN SIX MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION,
 PROVIDES SUCH GHOST GUNS TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00  OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUNS SERI-
 ALIZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 265.62 CRIMINAL SALE OF A GHOST GUN IN THE FIRST DEGREE.
   1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  A
 PERSON  IS  GUILTY  OF  CRIMINAL SALE OF A GHOST GUN IN THE FIRST DEGREE
 WHEN SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF TEN OR MORE GHOST GUNS; OR
   (B) SELLS, EXCHANGES, GIVES OR DISPOSES OF A  TOTAL  OF  TEN  OR  MORE
 GHOST GUNS IN A PERIOD OF NOT MORE THAN ONE YEAR.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 FIRST DEGREE IF SUCH PERSON:
   (A)  VOLUNTARILY  SURRENDERS  SUCH  GHOST  GUNS TO ANY LAW ENFORCEMENT
 OFFICIAL DESIGNATED PURSUANT TO SUBPARAGRAPH (F)  OF  PARAGRAPH  ONE  OF
 SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B)  WITHIN  SIX  MONTHS  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION,
 PROVIDES SUCH GHOST GUNS TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUNS  SERI-
 ALIZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE FIRST DEGREE IS A CLASS B FELONY.
   §  8.  Subdivisions  1,  2, 3, and 12-a of section 400.00 of the penal
 law, subdivision 1 and paragraph (a) of  subdivision  3  as  amended  by

 A. 613                              4
 
 chapter 1 of the laws of 2013, paragraph (c) of subdivision 1 as amended
 by  chapter  60 of the laws of 2018, subdivision 2 as amended by chapter
 189 of the laws of 2000, paragraph (b) of  subdivision  3  as  added  by
 chapter  778 of the laws of 1985, and subdivision 12-a as added by chap-
 ter 1042 of the laws of 1974, are amended to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section except by the licensing officer, and then  only  after  investi-
 gation  and  finding  that  all statements in a proper application for a
 license are true. No license shall be issued or renewed  except  for  an
 applicant  (a) twenty-one years of age or older, provided, however, that
 where such applicant has  been  honorably  discharged  from  the  United
 States  army,  navy,  marine  corps,  air  force  or coast guard, or the
 national guard of the state of New York, no such age  restriction  shall
 apply;  (b)  of  good  moral  character;  (c) who has not been convicted
 anywhere of a felony or a serious offense or who is not the  subject  of
 an outstanding warrant of arrest issued upon the alleged commission of a
 felony  or  serious offense; (d) who is not a fugitive from justice; (e)
 who is not an unlawful user of or addicted to any  controlled  substance
 as  defined  in section 21 U.S.C. 802; (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  has  not  been involuntarily committed to a facility under the
 jurisdiction of an office of the department of mental  hygiene  pursuant
 to  article  nine  or  fifteen  of the mental hygiene law, article seven
 hundred thirty or section 330.20 of the criminal procedure law,  section
 four  hundred  two  or five hundred eight of the correction law, section
 322.2 or 353.4 of the family court act, or has not been civilly confined
 in a secure treatment facility pursuant to article  ten  of  the  mental
 hygiene law; (k) who has not had a license revoked or who is not under a
 suspension  or  ineligibility order issued pursuant to the provisions of
 section 530.14 of the criminal procedure law or  section  eight  hundred
 forty-two-a  of  the family court act; (l) in the county of Westchester,
 who has successfully completed a 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
 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, NOR  ASSEMBLE,  MANUFACTURE,  FABRICATE,
 BUILD, OR FIT TOGETHER THE COMPONENT PARTS OF A FIREARM, RIFLE, OR SHOT-

 A. 613                              5
 
 GUN, OTHER THAN FOR THE PURPOSES OF PERFORMING ROUTINE CLEANING OR MAIN-
 TENANCE  ON A LAWFULLY POSSESSED FIREARM, RIFLE, OR SHOTGUN FOR NON-COM-
 MERCIAL PURPOSES, 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.
   2. Types of licenses. A license for gunsmith SHALL BE ISSUED TO ENGAGE
 IN SUCH BUSINESS or TO ASSEMBLE, MANUFACTURE, FABRICATE, BUILD,  OR  FIT
 TOGETHER THE COMPONENT PARTS OF A FIREARM, RIFLE OR SHOTGUN FOR NON-COM-
 MERCIAL  PURPOSES,  AND A LICENSE FOR dealer in firearms shall be issued
 to engage in such business. A license for a pistol  or  revolver,  other
 than  an  assault weapon or a disguised gun, shall be issued to (a) have
 and possess in his dwelling by a householder; (b) have  and  possess  in
 his  place  of business by a merchant or storekeeper; (c) have and carry
 concealed while so employed by a messenger employed by a banking  insti-
 tution  or express company; (d) have and carry concealed by a justice of
 the supreme court in the first or second judicial departments, or  by  a
 judge  of  the  New  York city civil court or the New York city criminal
 court; (e) have and carry concealed  while  so  employed  by  a  regular
 employee of an institution of the state, or of any county, city, town or
 village,  under  control  of a commissioner of correction of the city or
 any warden, superintendent or head keeper of any state prison,  peniten-
 tiary,  workhouse, county jail or other institution for the detention of
 persons convicted or accused of crime or held as witnesses  in  criminal
 cases,  provided that application is made therefor by such commissioner,
 warden, superintendent or head keeper; (f)  have  and  carry  concealed,
 without  regard to employment or place of possession, by any person when
 proper cause exists for the issuance thereof;  and  (g)  have,  possess,
 collect  and carry antique pistols which are defined as follows: (i) any
 single shot, muzzle loading pistol with a matchlock, flintlock,  percus-
 sion  cap,  or similar type of ignition system manufactured in or before
 l898, which is not designed for using rimfire or conventional centerfire
 fixed ammunition; and (ii) any replica of any pistol described in clause
 (i) hereof if such replica--
   (1) is not designed or redesigned for using  rimfire  or  conventional
 centerfire fixed ammunition, or
   (2)  uses rimfire or conventional centerfire fixed ammunition which is
 no longer manufactured in the United States and  which  is  not  readily
 available in the ordinary channels of commercial trade.
   3.  Applications.   (a) Applications shall be made and renewed, in the
 case of a license to carry or possess  a  pistol  or  revolver,  to  the
 licensing  officer  in the city or county, as the case may be, where the
 applicant resides, is principally employed or has his or  her  principal
 place  of  business  as  merchant  or storekeeper; and, in the case of a
 license as gunsmith or dealer in  firearms,  to  the  licensing  officer
 where  such place of business is located, OR FOR A PERSON APPLYING FOR A
 LICENSE AS GUNSMITH IN ORDER TO ASSEMBLE, MANUFACTURE, FABRICATE, BUILD,
 OR FIT TOGETHER THE COMPONENT PARTS OF A FIREARM, RIFLE, OR SHOTGUN  FOR
 NON-COMMERCIAL PURPOSES, TO THE LICENSING OFFICER IN THE CITY OR COUNTY,
 AS  THE CASE MAY BE, WHERE THE PREMISES UPON WHICH THE APPLICANT INTENDS
 TO ENGAGE IN SUCH  ACTIVITIES  IS  LOCATED.  Blank  applications  shall,
 except  in  the  city  of New York, be approved as to form by the super-
 intendent of state police. An application shall  state  the  full  name,

 A. 613                              6
 
 date  of birth, residence, present occupation of each person or individ-
 ual signing the same, whether or not he or  she  is  a  citizen  of  the
 United  States,  whether or not he or she complies with each requirement
 for  eligibility  specified  in subdivision one of this section and such
 other facts as may be required to show the  good  character,  competency
 and  integrity  of each person or individual signing the application. An
 application shall be signed and verified by the applicant. Each individ-
 ual signing an application shall submit one  photograph  of  himself  or
 herself  and a duplicate for each required copy of the application. Such
 photographs shall have been taken within thirty days prior to filing the
 application. In case of a license as gunsmith or dealer in firearms, the
 photographs submitted shall be two inches square,  and  the  application
 shall  also state the previous occupation of each individual signing the
 same and the location of the place of such business, IF  APPLICABLE,  or
 of  the bureau, agency, subagency, office or branch office for which the
 license is sought, specifying the name of the  city,  town  or  village,
 indicating   the  street  and  number  and  otherwise  giving  such  apt
 description as to point out reasonably the  location  thereof.  In  such
 case,  if the applicant is a firm, partnership or corporation, its name,
 date and place of formation, and principal place of  business  shall  be
 stated.  For  such  firm or partnership, the application shall be signed
 and verified by each individual composing or intending  to  compose  the
 same, and for such corporation, by each officer thereof.  IN THE CASE OF
 A  PERSON APPLYING FOR A LICENSE AS GUNSMITH IN ORDER TO ASSEMBLE, MANU-
 FACTURE, FABRICATE, BUILD, OR FIT TOGETHER  THE  COMPONENT  PARTS  OF  A
 FIREARM,  RIFLE,  OR  SHOTGUN FOR NON-COMMERCIAL PURPOSES, THE APPLICANT
 SHALL STATE THE LOCATION OF THE PLACE OF THE PREMISES WHERE  THE  APPLI-
 CANT  INTENDS  TO  ENGAGE IN SUCH ACTIVITIES, SPECIFYING THE NAME OF THE
 CITY, TOWN OR VILLAGE, INDICATING THE STREET AND  NUMBER  AND  OTHERWISE
 GIVING APT DESCRIPTION AS TO POINT OUT REASONABLY THE LOCATION THEREOF.
   (b)  Application  for an exemption under paragraph seven-b of subdivi-
 sion a of section 265.20 of this chapter.  Each  applicant  desiring  to
 obtain  the exemption set forth in paragraph seven-b of subdivision a of
 section 265.20 of this chapter shall make such request in writing of the
 licensing officer with whom his application for a license is  filed,  at
 the time of filing such application. Such request shall include a signed
 and  verified  statement by the person authorized to instruct and super-
 vise the applicant, that has met with the  applicant  and  that  he  has
 determined  that,  in his judgment, said applicant does not appear to be
 or poses a threat to be, a danger to himself  or  to  others.  He  shall
 include  a copy of his certificate as an instructor in small arms, if he
 is required to be certified, and state his address and telephone number.
 He shall specify the exact  location  by  name,  address  and  telephone
 number  where  such  instruction will take place. Such licensing officer
 shall, no later than ten business days after such  filing,  request  the
 duly  constituted police authorities of the locality where such applica-
 tion is made to investigate and ascertain any previous  criminal  record
 of  the  applicant  pursuant  to subdivision four of this section.  Upon
 completion of this investigation, the police authority shall report  the
 results  to the licensing officer without unnecessary delay. The licens-
 ing officer shall no later than ten business days after the  receipt  of
 such  investigation,  determine  if  the  applicant  has been previously
 denied a license, been convicted of a felony, or  been  convicted  of  a
 serious  offense,  and  either  approve  or disapprove the applicant for
 exemption purposes based upon such determinations. If the  applicant  is
 approved  for  the  exemption,  the  licensing  officer shall notify the

 A. 613                              7
 
 appropriate duly constituted police authorities and the applicant.  Such
 exemption  shall terminate if the application for the license is denied,
 or at any earlier time  based  upon  any  information  obtained  by  the
 licensing  officer  or  the  appropriate  police authorities which would
 cause the license to be denied. The  applicant  and  appropriate  police
 authorities shall be notified of any such terminations.
   12-a.  State  police  regulations  applicable  to  licensed  gunsmiths
 engaged in the business of assembling  or  manufacturing  firearms.  The
 superintendent  of state police is hereby authorized to issue such rules
 and regulations as he deems reasonably necessary to  prevent  the  manu-
 facture  and  assembly  of  unsafe firearms in the state. Such rules and
 regulations shall establish safety standards  in  regard  to  the  manu-
 facture  and assembly of firearms in the state, including specifications
 as to materials and parts used,  the  proper  storage  and  shipment  of
 firearms,  and  minimum standards of quality control. Regulations issued
 by the state police pursuant to this  subdivision  shall  apply  to  any
 person  licensed  as a gunsmith under this section [engaged in the busi-
 ness of manufacturing or assembling firearms,] and any violation thereof
 shall subject the licensee to revocation of license pursuant to subdivi-
 sion eleven of this section.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.