NY State Senate Bill 2021-S9262

Senate Bill S9262

2021-2022 Legislative Session

Prohibits the provision of licenses for firearms to persons on the federal no-fly list or terrorist screening database

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to codes

2021-S9262 (ACTIVE) - Details

See Assembly Version of this Bill:: A5145
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L; amd §530.14, CP L; amd §223, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10684
2023-2024: S3398, A4511

2021-S9262 (ACTIVE) - Summary

Prohibits the provision of licenses for firearms to persons on the federal no-fly list or terrorist screening database; authorizes firearms licenses of persons on the federal no-fly list or terrorist screening database to be suspended or revoked; requires the superintendent of state police to search the federal no-fly list or terrorist screening database each year and report findings to appropriate enforcement agencies in order to suspend or revoke appropriate licenses.

2021-S9262 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9262

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to prohibiting the provision
of licenses for firearms to persons on the federal no-fly list or
terrorist screening database; to amend the criminal procedure law, in
relation to revoking or suspending firearms licenses of persons on the
federal no-fly list or terrorist screening database; and to amend the
executive law, in relation to requiring the superintendent of state
police to search the federal no-fly list or terrorist screening database
and report findings to appropriate enforcement agencies

 
PURPOSE:

To prohibit suspected terrorists on the federal no-fly list from obtain-
ing a firearm license or possessing firearms in the state of New York
and to revoke the firearm license of any suspected terrorist that
currently has a firearm license.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill cites this Act as the "Deny Firearms to Dangerous
Terrorists Act."

Section 2 of the bill amends section 400.00 of the penal law related to
licenses to carry, possess, repair and dispose of firearms to prohibit
any firearm license from being issued in the state of New York to a
person who is listed on the FBI's no-fly list or the FBI's terrorist
screening database.

Section 3 of the bill amends section 530.14 of the criminal procedure
law to grant the Division of State Police the authority to revoke the
license of a firearm license holder if such person is listed on the
FBI's no-fly list or the FBI's terrorist screening database. Such
license holder shall be no notified in writing by State Police within 30
days of the person's license being revoked.

Sections 4 and 5 of the bill amends section 223 of the executive law
related to duties and powers of the superintendent of state police to
require the state police to search, the FBI's no-fly list or terrorist
screening database at least once a year. If the state police find that a
person on either terrorist list has received a firearm license, the
superintendent of state police must promptly notify all appropriate law
enforcement agencies and will direct the state police to remove any and
all firearms from the suspected terrorist.

Section 6 of the bill grants the superintendent of state police and
commissioner of criminal justice services the authority to promulgate
any regulations necessary for the provisions of this Act to take effect.

Section 7 of the bill provides that the Act will take effect immediate-
ly, provided that the superintendent of state police receives the neces-
sary approval from the FBI or relevant federal agencies that operate
these databases.

 
JUSTIFICATION:

With federal legislation stalled in Congress that would prohibit
suspected terrorists from receiving firearm licenses, the state of New
York must act to ensure that it is doing everything possible to prevent
terrorists from obtaining and carrying guns. There is no logical reason
why suspected terrorists should be allowed to possess a firearm license
and firearm in New York.

As provided for in this proposed legislation and under the criminal
procedure law, any firearm license holder who has his or her license or
firearm revoked for being on the terrorist watch list would receive
notice of the revocation in writing. In addition, current law provides
for due process hearing requirements in court related to the revocation
of the firearm license.

 
LEGISLATIVE HISTORY:

Senate: New Bill

Assembly: 2020 A10684 Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the superintendent
of state police receives approval from the relevant federal agencies.

2021-S9262 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9262
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 prohibiting the  provision
   of  licenses  for  firearms  to  persons on the federal no-fly list or
   terrorist screening database; to amend the criminal procedure law,  in
   relation to revoking or suspending firearms licenses of persons on the
   federal  no-fly list or terrorist screening database; and to amend the
   executive law, in relation to requiring the  superintendent  of  state
   police  to search the federal no-fly list or terrorist screening data-
   base and report findings to appropriate enforcement agencies
 
   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 "Deny
 Firearms to Dangerous Terrorists Act".
   § 2. Subdivision 1 of section 400.00 of the penal law, as  amended  by
 chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
 the laws of 2018, is amended to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section  except  by  the licensing officer, and then only after investi-
 gation and finding that all statements in a  proper  application  for  a
 license  are  true.  No license shall be issued or renewed except for an
 applicant (a) twenty-one years of age or older, provided, however,  that
 where  such  applicant  has  been  honorably  discharged from the United
 States army, navy, marine corps,  air  force  or  coast  guard,  or  the
 national  guard  of the state of New York, no such age restriction shall
 apply; (b) of good moral character;  (c)  who  has  not  been  convicted
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08466-01-1
 S. 9262                             2
 
 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; AND (O) WHO HAS NOT BEEN LISTED ON THE FEDER-
 AL NO-FLY LIST OR TERRORIST SCREENING DATABASE OPERATED BY  THE  FEDERAL
 BUREAU  OF  INVESTIGATION.    No  person shall engage in the business of
 gunsmith or dealer in firearms unless licensed pursuant to this section.
 An applicant to engage in such business shall also be a citizen  of  the
 United States, more than twenty-one years of age and maintain a place of
 business  in  the  city  or county where the license is issued. For such
 business, if the applicant is a firm or partnership, each member thereof
 shall comply with all of the requirements set forth in this  subdivision
 and  if  the  applicant  is a corporation, each officer thereof shall so
 comply.
   § 3. Section 530.14 of the criminal procedure law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. REVOCATION OR SUSPENSION OF LICENSE UPON A FINDING THAT THE HOLD-
 ER OF THE FIREARM LICENSE IS A SUSPECTED TERRORIST. WHERE  THE  DIVISION
 OF  STATE  POLICE  FINDS THAT A HOLDER OF A FIREARM LICENSE IS LISTED ON
 THE FEDERAL NO-FLY LIST OR TERRORIST SCREENING DATABASE OPERATED BY  THE
 FEDERAL  BUREAU  OF  INVESTIGATION,  THE  DIVISION OF STATE POLICE SHALL
 IMMEDIATELY REVOKE THE HOLDER'S LICENSE.  THE INDIVIDUAL SHALL BE  NOTI-
 FIED IN WRITING WITHIN THIRTY DAYS OF THE REVOCATION.
   §  4.  Section  223  of  the  executive law is amended by adding a new
 subdivision 3 to read as follows:
   3. THE SUPERINTENDENT SHALL SEARCH THE FEDERAL NO-FLY LIST OR  TERROR-
 IST SCREENING DATABASE AT LEAST ONCE EACH YEAR AND UPON A FINDING THAT A
 FIREARM LICENSE HOLDER IS ON SUCH A LIST, THE SUPERINTENDENT SHALL IMME-
 S. 9262                             3
 
 DIATELY NOTIFY ALL APPROPRIATE LAW ENFORCEMENT AGENCIES AND SHALL DIRECT
 THE  STATE  POLICE  TO  REMOVE ANY AND ALL SUCH FIREARMS UNTIL SUCH TIME
 THAT THE INDIVIDUAL IS NO LONGER ON THE FEDERAL NO-FLY LIST OR TERRORIST
 SCREENING DATABASE.
   §  5.  Section  223 of the executive law, as amended by section 3-b of
 part MM of chapter 54 of the  laws  of  2016,  is  amended  to  read  as
 follows:
   §  223. Duties and powers of the superintendent of state police and of
 members of the state police. 1. It shall be the duty of the  superinten-
 dent  of  the state police and of members of the state police to prevent
 and detect crime and apprehend criminals. They shall also be subject  to
 the  call of the governor and are empowered to co-operate with any other
 department of the state or  with  local  authorities.  They  shall  also
 collect  and analyze information relating to prevention and detection of
 terrorist threats and terrorist  activities  throughout  the  state  and
 share  all  such information subject to paragraph (g) of subdivision two
 of section seven hundred nine of this  chapter  among  the  division  of
 homeland  security  and emergency services and local, state, and federal
 law enforcement agencies  to  ensure  the  coordination  of  appropriate
 intelligence  to  assist  in the early identification of and response to
 potential terrorist threats and terrorist activities.  They  shall  have
 power  to arrest, without a warrant, any person committing or attempting
 to commit within their presence or view a breach of the peace  or  other
 violation  of  law,  to  serve  and execute warrants of arrest or search
 issued by proper authority and to exercise all other  powers  of  police
 officers  of  the  state  of  New  York. Any such warrants issued by any
 magistrate of the state may be executed by them in any part of the state
 according to the tenor thereof without  [indorsement]  ENDORSEMENT.  But
 they  shall  not  exercise their powers within the limits of any city to
 suppress rioting and disorder except by direction  of  the  governor  or
 upon  the  request  of  the  mayor  of the city with the approval of the
 governor. Any member of the rank of sergeant or above may take  pre-arr-
 aignment  bail  from  any defendant in the amounts and under the circum-
 stances and conditions that police may take bail.
   2. THE SUPERINTENDENT SHALL SEARCH THE FEDERAL NO-FLY LIST OR  TERROR-
 IST SCREENING DATABASE AT LEAST ONCE EACH YEAR AND UPON A FINDING THAT A
 FIREARM LICENSE HOLDER IS ON SUCH A LIST, THE SUPERINTENDENT SHALL IMME-
 DIATELY NOTIFY ALL APPROPRIATE LAW ENFORCEMENT AGENCIES AND SHALL DIRECT
 THE  STATE  POLICE  TO  REMOVE ANY AND ALL SUCH FIREARMS UNTIL SUCH TIME
 THAT THE INDIVIDUAL IS NO LONGER ON THE FEDERAL NO-FLY LIST OR TERRORIST
 SCREENING DATABASE.
   § 6. The superintendent of state police and the commissioner of crimi-
 nal justice services shall promulgate any regulations necessary for  the
 provisions of this act to take effect.
   §  7.  This  act  shall take effect immediately; provided however, the
 provisions of this act shall not take effect until the superintendent of
 state police receives approval to access the information on the  federal
 no-fly  list  or  terrorist screening database from the relevant federal
 agencies; provided further that the amendments to  section  223  of  the
 executive  law  made by section four of this act shall be subject to the
 expiration and reversion of such section pursuant to section 3 of  chap-
 ter  428  of  the  laws  of  1999,  as  amended, when upon such date the
 provisions of section five of this act shall take effect; provided  that
 the  superintendent  of  state  police shall notify the legislative bill
 drafting commission upon the occurrence of the enactment of  the  legis-
 lation  provided  for in this act in order that the commission may main-
 S. 9262                             4
 
 tain an accurate and timely effective database of the official  text  of
 the  laws  of  the  state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.

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