S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3206
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 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 penal law, in relation  to  licenses  to  carry  and
   possess firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
 amended  by  chapter  189  of  the  laws  of 2000, is amended to read as
 follows:
   2. Types of licenses. A license for gunsmith  or  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  institution  or  express  company;  (d)  have  and carry
 concealed by a justice of the supreme court in the first or second judi-
 cial 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, penitentiary, workhouse, county jail or other institu-
 tion for the detention of persons convicted or accused of crime or  held
 as witnesses in criminal cases, provided that application is made there-
 for  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, percussion cap,  or  similar  type  of  ignition

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02075-01-1

 S. 3206                             2

 system  manufactured  in or before l898, which is not designed for using
 rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
 ca 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].
   § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (a) Applications shall be made and renewed, in the case of  a  license
 to carry [or] AND 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 busi-
 ness is located. Blank applications shall, except in  the  city  of  New
 York,  be  approved as to form by the superintendent of state police. An
 application shall state the full name, date of birth, residence, present
 occupation of each person or individual 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 individual 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,  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.
   § 3. Subdivision 6 of section 400.00 of the penal law, as  amended  by
 chapter 104 of the laws of 2019, is amended to read as follows:
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance.    No  license shall be transferable to any other person or prem-
 ises. A license to carry [or] AND possess a  pistol  or  revolver[,  not
 otherwise limited as to place or time of possession,] shall be effective
 throughout the state, except that the same shall not be valid within the
 city  of New York unless a special permit granting validity is issued by
 the police commissioner of that city. Such license  to  carry  [or]  AND
 possess  shall  be valid within the city of New York in the absence of a
 permit issued by the police commissioner of that city, provided that (a)
 the firearms covered by such license have been purchased from a licensed
 dealer within the city of New York and are being transported out of said

 S. 3206                             3
 
 city forthwith and immediately from said dealer by  the  licensee  in  a
 locked container during a continuous and uninterrupted trip; or provided
 that  (b)  the firearms covered by such license are being transported by
 the  licensee in a locked container and the trip through the city of New
 York is continuous and uninterrupted; or provided that (c) the  firearms
 covered  by  such  license  are  carried  by armored car security guards
 transporting money or other valuables, in, to, or  from  motor  vehicles
 commonly  known  as armored cars, during the course of their employment;
 or provided that (d) the licensee is a retired police officer as  police
 officer  is  defined pursuant to subdivision thirty-four of section 1.20
 of the criminal procedure law or a retired federal law enforcement offi-
 cer, as defined in section 2.15 of the criminal procedure law,  who  has
 been  issued  a license by an authorized licensing officer as defined in
 subdivision ten of section 265.00 of this  chapter;  provided,  further,
 however,  that if such license was not issued in the city of New York it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the license shall be  deemed  to  permit  only  police  or  federal  law
 enforcement  regulations weapons; or provided that (e) the licensee is a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal procedure law and the license, if issued by other than the city  of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such  case  the exemption shall apply only to the firearm issued to such
 licensee by the  department  of  taxation  and  finance.  A  license  as
 gunsmith  or  dealer  in firearms shall not be valid outside the city or
 county, as the case may be, where issued. Notwithstanding any inconsist-
 ent provision of state or local law or rule or regulation, the  premises
 limitation  set  forth  in  any  license to have and possess a pistol or
 revolver in the licensee's dwelling or place  of  business  pursuant  to
 paragraph  (a)  or  (b)  of  subdivision  two  of this section shall not
 prevent the transport of such pistol or revolver directly to or from (i)
 another dwelling or place of business of the licensee where the licensee
 is authorized to have and possess  such  pistol  or  revolver,  (ii)  an
 indoor or outdoor shooting range that is authorized by law to operate as
 such,  (iii)  a  shooting  competition at which the licensee may possess
 such pistol or revolver consistent with the provisions of subdivision  a
 of  section 265.20 of this chapter or consistent with the law applicable
 at the place of such competition, or (iv) any other location  where  the
 licensee  is  lawfully  authorized  to  have  and possess such pistol or
 revolver; provided however, that during such  transport  to  or  from  a
 location  specified  in  clauses (i) through (iv) of this paragraph, the
 pistol or revolver shall be unloaded and carried in a locked  container,
 and  the  ammunition  therefor  shall  be  carried  separately; provided
 further, however, that a license to have and possess a pistol or  revol-
 ver  in  the  licensee's dwelling or place of business pursuant to para-
 graph (a) or (b) of subdivision two of this section that is issued by  a
 licensing  officer other than the police commissioner of the city of New
 York shall not authorize transport of a pistol or revolver into the city
 of New York in the absence of written authorization  to  do  so  by  the
 police  commissioner of that city. The term "locked container" shall not
 include the glove compartment or console of a vehicle.
   § 4. Subdivision 7 of section 400.00 of the penal law  is  amended  to
 read as follows:
   7.  License:  form. Any license issued pursuant to this section shall,
 except in the city of New York, be approved as to  form  by  the  super-
 intendent  of state police. A license to carry [or] AND possess a pistol

 S. 3206                             4
 
 or revolver shall have attached the licensee's photograph, and a  coupon
 which shall be removed and retained by any person disposing of a firearm
 to  the licensee. Such license shall specify the weapon covered by cali-
 bre,  make, model, manufacturer's name and serial number, or if none, by
 any other distinguishing number or identification mark[, and shall indi-
 cate whether issued to carry on the person or possess on  the  premises,
 and  if  on the premises shall also specify the place where the licensee
 shall possess the same]. If such license is issued to an alien, or to  a
 person not a citizen of and usually a resident in the state, the licens-
 ing  officer  shall  state  in the license the particular reason for the
 issuance and the names of the persons certifying to the  good  character
 of  the  applicant.  Any license as gunsmith or dealer in firearms shall
 mention and describe the premises for which it is issued  and  shall  be
 valid only for such premises.
   §  5.  Subdivision 9 of section 400.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
 person licensed to carry [or] AND possess a pistol or revolver may apply
 at  any time to his or her licensing officer for amendment of his or her
 license to include one or more such weapons or to  cancel  weapons  held
 under  license.  If  granted,  a  record of the amendment describing the
 weapons involved shall be filed by the licensing officer in  the  execu-
 tive department, division of state police, Albany. The superintendent of
 state  police  may authorize that such amendment be completed and trans-
 mitted to the state police in electronic  form.    Notification  of  any
 change  of residence shall be made in writing by any licensee within ten
 days after such change occurs, and a record  of  such  change  shall  be
 inscribed  by  such  licensee on the reverse side of his or her license.
 Elsewhere than in the city of New York, and in the  counties  of  Nassau
 and  Suffolk,  such  notification shall be made to the executive depart-
 ment, division of state police, Albany, and in the city of New  York  to
 the police commissioner of that city, and in the county of Nassau to the
 police  commissioner of that county, and in the county of Suffolk to the
 licensing officer of that county, who shall, within ten days after  such
 notification  shall be received by him or her, give notice in writing of
 such change to the executive department, division of  state  police,  at
 Albany.
   §  6.  Paragraph  (a) of subdivision 10 of section 400.00 of the penal
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (a) Any license for gunsmith or dealer in firearms and, in the city of
 New  York,  any  license to carry [or] AND 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] AND 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  accordance 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

 S. 3206                             5
 
 the licensee shall provide to the licensing officer the following infor-
 mation  only:    current  name,  date of birth, current address, and the
 make, model,  caliber  and  serial  number  of  all  firearms  currently
 possessed.  Such certification information shall be filed by the licens-
 ing 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] AND 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 application 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  satisfac-
 tory  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 duplicate license.
   § 7. Subdivision 12 of section 400.00 of the penal law, as amended  by
 chapter 129 of the laws of 2019, is amended to read as follows:
   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] AND  possess  the  same,  or  proof  of
 lawful  authority as an exempt person pursuant to section 265.20 of this
 chapter and either (a) the National Instant  Criminal  Background  Check
 System  (NICS)  or  its successor has issued a "proceed" response to the
 licensee, or (b) thirty calendar days have elapsed since  the  date  the
 licensee  contacted  NICS  to initiate a national instant criminal back-
 ground check and NICS has not notified the licensee that the transfer of
 the firearm to such person should be denied. In addition, before  deliv-
 ering  a  firearm  to  a  peace  officer, the licensee shall verify 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] AND 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-

 S. 3206                             6
 
 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.
   § 8. Subdivision 14 of section 400.00 of the penal law, as amended  by
 chapter 195 of the laws of 2005, is amended to read as follows:
   14. Fees. In the city of New York and the county of Nassau, the annual
 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
 for dealers in firearms. In such city, the city council and in the coun-
 ty  of  Nassau  the Board of Supervisors shall fix the fee to be charged
 for a license to carry [or] AND possess a pistol or revolver and provide
 for the disposition of such fees. Elsewhere in the state, the  licensing
 officer  shall  collect  and  pay into the county treasury the following
 fees: for each license to carry [or] AND possess a pistol  or  revolver,
 not  less  than three dollars nor more than ten dollars as may be deter-
 mined by the legislative body of the county; for each amendment thereto,
 three dollars, and five dollars in the county of Suffolk; and  for  each
 license issued to a gunsmith or dealer in firearms, ten dollars. The fee
 for  a duplicate license shall be five dollars. The fee for processing a
 license transfer between counties shall be five  dollars.  The  fee  for
 processing  a  license or renewal thereof for a qualified retired police
 officer as defined under subdivision thirty-four of section 1.20 of  the
 criminal procedure law, or a qualified retired sheriff, undersheriff, or
 deputy  sheriff of the city of New York as defined under subdivision two
 of section 2.10 of the criminal procedure law, or  a  qualified  retired
 bridge  and  tunnel  officer,  sergeant  or lieutenant of the triborough
 bridge and tunnel authority  as  defined  under  subdivision  twenty  of
 section  2.10  of  the  criminal  procedure  law, or a qualified retired
 uniformed court officer in the unified  court  system,  or  a  qualified
 retired  court clerk in the unified court system in the first and second
 judicial departments, as defined in paragraphs a and  b  of  subdivision
 twenty-one  of  section  2.10 of the criminal procedure law or a retired
 correction officer as defined in subdivision twenty-five of section 2.10
 of the criminal procedure law shall be waived in all counties throughout
 the state.
   § 9. This act shall take effect immediately and  shall  apply  to  all
 licenses held and issued on and after such date.