LBD10086-01-1
S. 5338 2
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 transfer to an individual or entity outside
of the state must be reported to the entity wherein the weapon is regis-
tered 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], is transferred within one year of
the effective date of [the] chapter ONE of the laws of two thousand
thirteen [which added this paragraph].
(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION
THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
TO HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
TO ONE OF HIS OR HER IMMEDIATE FAMILY MEMBERS. FOR PURPOSES OF THIS
SUBPARAGRAPH, THE MEANING OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
SUBDIVISION ONE OF SECTION EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL
BUSINESS LAW.
§ 4. Subdivision 5 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, subparagraph (iii) of paragraph (e) as
amended by chapter 244 of the laws of 2019, is 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 name and address] THE APPLICATION AND ANY SUPPORTING RECORDS,
INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person to whom an
application for any license has been granted shall NOT be a public
record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW. Upon application by a licensee who has changed
his OR HER 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, division of [state
police] CRIMINAL JUSTICE SERVICES, Albany, within ten days after issu-
ance of the license. The [superintendent] COMMISSIONER of [state police]
CRIMINAL JUSTICE SERVICES may designate that such application shall be
transmitted to the division of [state police] CRIMINAL JUSTICE SERVICES
electronically. In the event the [superintendent] COMMISSIONER of the
division of [state police] CRIMINAL JUSTICE SERVICES 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, depart-
ment 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-
S. 5338 3
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] ARTICLE shall not be subject to
disclosure pursuant to article six of the public officers law EXCEPT
THAT THE TOTAL NUMBER OF PERSONS REGISTERED IN ANY COUNTY OF THE STATE
MAY BE DISCLOSED WITHOUT ANY OTHER IDENTIFYING INFORMATION ABOUT A
REGISTRANT.
[(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
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
S. 5338 4
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. Notwithstanding the foregoing provisions of this subparagraph,
local and state law enforcement shall, upon request, be granted access
to and copies of such application information provided that such infor-
mation obtained by law enforcement pursuant to this subparagraph shall
not be considered a public record of such law enforcement agency.
(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
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.]
S. 5338 5
§ 5. Section 9.46 of the mental hygiene law, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 9.46 Reports of substantial risk or threat of harm by mental health
professionals.
(a) For purposes of this section, the term "mental health profes-
sional" shall include a physician, psychologist, registered nurse or
licensed clinical social worker.
(b) Notwithstanding any other law to the contrary, when a mental
health professional currently providing treatment services to a person
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]. ANY REPORT MADE BY A MENTAL HEALTH PROFESSIONAL TO THE DIREC-
TOR OF COMMUNITY SERVICES, OR THE DIRECTOR'S DESIGNEE SHALL INCLUDE
CURRENT CONTACT INFORMATION FOR SUCH PERSON INCLUDING, BUT NOT LIMITED
TO, THE PERSON'S: (1) NAME, (2) MAILING ADDRESS, (3) PHONE NUMBER AND
(4) EMAIL ADDRESS. THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S
DESIGNEE SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES UPON
A FINDING THAT THE PERSON IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD
RESULT IN SERIOUS HARM TO SELF OR OTHERS. 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.
(c) THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S DESIGNEE
SHALL INFORM SUCH PERSON VIA WRITTEN NOTICE WHEN A REPORT REGARDING THE
SUBSTANTIAL RISK OR THREAT OF HARM POSED BY THE PERSON IS SENT TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH NOTICE SHALL INCLUDE, BUT
NOT BE LIMITED TO:
(1) THE PERSON'S NAME;
(2) NOTICE THAT A REPORT HAS BEEN SENT TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES STATING THAT THE NAMED PERSON HAS BEEN DEEMED LIKELY TO
ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO SELF OR OTHERS;
(3) THE DATE THE REPORT WAS SENT TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES;
(4) THE PERSON'S RIGHT TO SUBMIT A PETITION FOR RELIEF FROM DISABILITY
TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) APPEALS
OFFICE OF THE OFFICE OF MENTAL HEALTH OR NICS APPEALS OFFICE OF THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AS SET FORTH IN
SUBDIVISION (J) OF SECTION 7.09 OF THIS TITLE AND SUBDIVISION (G) OF
SECTION 13.09 OF THIS CHAPTER AND SECTIONS FIVE HUNDRED FORTY-THREE AND
SIX HUNDRED FORTY-THREE OF ARTICLE FOURTEEN OF THE NEW YORK CODE OF
RULES AND REGULATIONS;
(5) CONTACT INFORMATION FOR THE NICS APPEALS OFFICE OF THE OFFICE OF
MENTAL HYGIENE OR THE NICS APPEALS OFFICE OF THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES; AND
(6) ANY APPLICABLE DEADLINE FOR SUBMISSION OF A PETITION FOR RELIEF
FROM DISABILITY.
(D) Nothing in this section shall be construed to require a mental
health professional to take any action which, in the exercise of reason-
S. 5338 6
able professional judgment, would endanger such mental health profes-
sional or increase the danger to a potential victim or victims.
[(d)] (E) The decision of a mental health professional to disclose or
not to disclose in accordance with this section, when made reasonably
and in good faith, shall not be the basis for any civil or criminal
liability of such mental health professional.
§ 6. Paragraph 2 of 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:
(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 was involuntarily
committed or civilly confined to a facility under the jurisdiction of
the commissioner, OR WHO HAS BEEN THE SUBJECT OF A REPORT SUBMITTED BY
THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S DESIGNEE TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES STATING THAT THE NAMED PERSON HAS
BEEN DEEMED LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS
HARM TO SELF OR OTHERS PURSUANT TO SECTION 9.46 OF THIS TITLE, to peti-
tion 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 promul-
gate 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 petition-
er 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.
§ 7. Paragraph 2 of subdivision (g) of section 13.09 of the mental
hygiene law, as amended by chapter 1 of the laws of 2013, is amended to
read as follows:
(2) The commissioner shall establish within the office for people with
developmental disabilities 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
was involuntarily committed or civilly confined to a facility under the
jurisdiction of the commissioner, OR WHO HAS BEEN THE SUBJECT OF A
REPORT SUBMITTED BY THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S
DESIGNEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES STATING THAT THE
NAMED PERSON HAS BEEN DEEMED LIKELY TO ENGAGE IN CONDUCT THAT WOULD
RESULT IN SERIOUS HARM TO SELF OR OTHERS PURSUANT TO SECTION 9.46 OF
THIS CHAPTER, 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,
S. 5338 7
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.
§ 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
and 16-b of section 400.00 of the penal law, paragraph (a) of subdivi-
sion 3 and subdivisions 9 and 10 as amended and subdivisions 16-a and
16-b as added by chapter 1 of the laws of 2013, subdivision 4 as amended
by chapter 242 of the laws of 2019, paragraph (a-1) of subdivision 16-a
as added by chapter 98 of the laws of 2013, are amended to read as
follows:
(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 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]
DIVISION OF CRIMINAL JUSTICE SERVICES. 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 require-
ment for eligibility specified in subdivision one of this section and
such other facts as may be required to show the good character, compe-
tency and integrity of each person or individual signing the applica-
tion. 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.
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-
tion is made, including but not limited to such records as may be acces-
sible 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
S. 5338 8
police authority. Where the applicant is domiciled in a foreign state,
the investigation shall include inquiry of the foreign state for records
concerning the previous or present mental illness of the applicant, and,
to the extent necessary for inspection by the investigating officer, the
applicant shall execute a waiver of confidentiality of such record in
such form as may be required by the foreign state. In order to ascertain
any previous criminal record, the investigating officer shall take the
fingerprints and physical 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 corporate 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] CRIMINAL JUSTICE SERVICES, 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 investi-
gation, as the case may be, shall be forwarded to that bureau at Wash-
ington 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] CRIMINAL
JUSTICE SERVICES, 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 or her 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 investi-
gation, the police authority shall report the results to the licensing
officer without unnecessary delay.
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] DIVISION OF CRIMINAL JUSTICE SERVICES. A
license to carry or possess a pistol 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 calibre, make, model, manufacturer's name
and serial number, or if none, by any other distinguishing number or
identification mark, and shall indicate 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 licensing officer shall state in
the license the particular reason for the issuance and the names of the
S. 5338 9
persons certifying to the good character of the applicant. Any license
as gunsmith or dealer in firearms shall mention and describe the prem-
ises for which it is issued and shall be valid only for such premises.
9. License: amendment. Elsewhere than in the city of New York, a
person licensed to carry or 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] CRIMINAL JUSTICE SERVICES,
Albany. The [superintendent of state police] DIVISION OF CRIMINAL
JUSTICE SERVICES may authorize that such amendment be completed and
transmitted to the [state police] DIVISION in electronic form. Notifi-
cation of any change of residence shall be made in writing by any licen-
see 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
department, division of [state police] CRIMINAL JUSTICE SERVICES, Alba-
ny, 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] CRIMINAL JUSTICE SERVICES, at
Albany.
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
S. 5338 10
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] LICENSING OFFICER every five years thereafter. Any license
issued before the effective date of [the] chapter ONE of the laws of two
thousand thirteen [which added this paragraph] shall be recertified by
the licensee on or before [January] MARCH thirty-first, two thousand
eighteen, and not less than one year prior to such date, the [state
police] DIVISION OF CRIMINAL JUSTICE SERVICES shall send a notice to all
license holders who have not recertified by such time. [Such recertif-
ication 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 possessing firearms.] RECERTIFICATION SHALL CONTAIN THE
INFORMATION AND SHALL BE IN THE FORM SET FORTH HEREINBELOW:
RECERTIFICATION
1. NAME ________________________________________________________________
2. DATE OF BIRTH _______________________________________________________
3. GENDER ______________________________________________________________
4. RACE ________________________________________________________________
5. RESIDENTIAL ADDRESS _________________________________________________
________________________________________________________________________
________________________________________________________________________
6. SOCIAL SECURITY NUMBER ______________________________________________
7. EMAIL ADDRESS (OPTIONAL) ____________________________________________
8. LIST ALL FIREARMS POSSESSED ON LICENSE: _____________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
UPON RECEIPT OF THE COMPLETED RECERTIFICATION FORM, THE LICENSING OFFI-
CER WILL COMPARE THE INFORMATION PROVIDED WITH THE INFORMATION MAIN-
TAINED BY THE LICENSING OFFICER FOR SUCH LICENSE HOLDER, AND PROMPTLY
NOTIFY THE LICENSE HOLDER OF ANY DISCREPANCIES THAT MAY EXIST, AND
PROVIDE INSTRUCTION AS TO APPLYING FOR AN AMENDMENT PURSUANT TO SUBDIVI-
SION NINE THIS SECTION. AFTER THE RESOLUTION OF ANY PENDING APPLICATIONS
S. 5338 11
FOR AMENDMENTS, THE LICENSING OFFICER SHALL RETAIN A COPY OF THE RECER-
TIFICATION AND A COPY SHALL BE FILED BY THE LICENSING OFFICER IN THE
EXECUTIVE DEPARTMENT, DIVISION OF CRIMINAL JUSTICE SERVICES, ALBANY,
WITHIN TEN DAYS. The form may be in an electronic form if so designated
by the [superintendent of state police] DIVISION OF CRIMINAL JUSTICE
SERVICES. Failure to recertify shall act as a revocation of such
license. If the [New York state police] DIVISION SHALL discover as a
result of the recertification process that a licensee failed to provide
a change of address, the [New York state police] DIVISION OF CRIMINAL
JUSTICE SERVICES shall not require the licensing officer to revoke such
license.
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 ONE 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] DIVISION OF CRIMINAL JUSTICE SERVICES, in the manner
provided by the [superintendent] DIVISION OF CRIMINAL JUSTICE SERVICES,
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 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 of any weapon defined under subparagraph (vi)
of paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
ing 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] DIVISION OF CRIMINAL JUSTICE SERVICES within seven-
ty-two hours of the transfer and the buyer provides the [state police]
DIVISION OF CRIMINAL JUSTICE SERVICES with information sufficient to
constitute a registration 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 [superinten-
dent] DIVISION OF CRIMINAL JUSTICE SERVICES shall determine whether such
registrant is prohibited from possessing a firearm under state or feder-
al 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] SEVENTEEN 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] CRIMINAL JUSTICE SERVICES 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
S. 5338 12
prior to his or her retirement, must register such weapon within sixty
days of retirement.
(b) The [superintendent of state police] DIVISION OF CRIMINAL JUSTICE
SERVICES shall create and maintain an internet website to educate the
public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
tomatic 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 public in recognizing the rele-
vant 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 ONE of the laws of two thousand thirteen [which added this para-
graph] 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-
er or licensing officer to the division of [state police] CRIMINAL
JUSTICE SERVICES, AND ANY COST BORNE BY THE LICENSING OFFICER TO ADMIN-
ISTER OR MAINTAIN RECORDS RELATED TO THE RECERTIFICATION PROCESS BY THE
LICENSING OFFICER, BOTH pursuant to this chapter shall be borne by the
state.
§ 9. Section 400.02 of the penal law, as amended by chapter 244 of the
laws of 2019, is amended to read as follows:
§ 400.02 Statewide license and record database.
There shall be a statewide license and record database which shall be
created and maintained by the division of [state police] CRIMINAL
JUSTICE SERVICES the cost of which shall not be borne by any munici-
pality. Records assembled or collected for purposes of inclusion in such
database shall not be subject to disclosure pursuant to article six of
the public officers law. Records containing granted license applications
shall be periodically checked by the division of criminal justice
services against criminal conviction, mental health, and all other
records as are necessary to determine their continued accuracy as well
as whether an individual is no longer a valid license holder. The divi-
sion of criminal justice services shall also check pending applications
made pursuant to this article against such records to determine whether
a license may be granted. All state agencies shall cooperate with the
division of criminal justice services, as otherwise authorized by law,
in making their records available for such checks. The division of crim-
inal justice services, upon determining that an individual is ineligible
to possess a license, or is no longer a valid license holder, shall
notify the applicable licensing official of such determination and such
licensing official shall not issue a license or revoke such license and
any weapons owned or possessed by such individual shall be removed
consistent with the provisions of subdivision eleven of section 400.00
of this article. Local and state law enforcement shall have access to
such database in the performance of their duties. Records assembled or
S. 5338 13
collected for purposes of inclusion in the database established by this
section shall be released pursuant to a court order.
§ 10. This act shall take effect immediately; provided that:
1. section four of this act shall take effect on the first of November
next succeeding the date on which it shall have become a law; and
2. sections five, six and seven of this act shall take effect on the
ninetieth day after it shall have become a law.
