S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3657
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. MANKTELOW, HAWLEY, WALSH, MILLER, SMULLEN, ANGEL-
   INO, BRABENEC, DeSTEFANO -- read once and referred to the Committee on
   Codes
 
 AN  ACT  to  amend  the  penal law, in relation to a license to carry or
   possess a firearm
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 265.00 of the penal law is amended by adding a new
 subdivision 10-a to read as follows:
   10-A. "FILING OFFICER" MEANS THE COUNTY CLERK OF EACH  COUNTY,  UNLESS
 OTHERWISE SPECIFIED THROUGH RESOLUTION BY THE COUNTY'S LEGISLATIVE BODY.
   § 2. Subdivisions 9, 10, 13 and 14 of section 400.00 of the penal law,
 subdivisions 9 and 14 as amended by chapter 212 of the laws of 2022, and
 subdivision  10  as  amended  by  chapter  371  of the laws of 2022, are
 amended to read as follows:
   9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
 person  licensed to carry or possess a pistol or revolver or to purchase
 or take possession of a semiautomatic rifle may apply  at  any  time  to
 [his  or  her  licensing] THE FILING 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] A record of the amendment describing the
 weapons involved shall be filed by the [licensing] FILING officer in the
 executive department, division of state police, Albany. The  superinten-
 dent  of state police may authorize that such amendment be completed and
 transmitted 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04687-01-3
              

 A. 3657                             2
 
 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] FILING 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.
   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, except as otherwise provided in paragraph (d)  of
 this  subdivision,  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,  except  as otherwise provided in paragraph (d) of
 this subdivision,  be  recertified  every  five  years  thereafter.  For
 purposes  of  this  section  certification  shall mean that the licensee
 shall provide to the [licensing] FILING officer the  following  informa-
 tion  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 [licensing] FILING
 officer in the same manner as an amendment. Elsewhere than in  the  city
 of  New  York  and  the counties of Nassau, Suffolk and Westchester, any
 license to carry or possess a pistol or revolver,  issued  at  any  time
 pursuant  to  this  section  or prior to the first day of July, nineteen
 hundred sixty-three and not previously revoked or cancelled, shall be in
 force and effect until revoked  as  herein  provided.  Any  license  not
 previously  cancelled  or  revoked shall remain in full force and effect
 for thirty days beyond the stated expiration date on such  license.  Any
 application  to  renew  a  license that has not previously expired, been
 revoked or cancelled shall thereby extend the term of the license  until
 disposition of the application by the [licensing] FILING 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 at three 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]
 FILING officer shall issue a duplicate license.
   (b) All licensees shall be recertified to the division of state police
 every  five  years thereafter, except as otherwise provided in paragraph
 (d) of this subdivision. Any license issued before the effective date of
 the chapter of the laws of two thousand thirteen which added this  para-
 graph  shall be recertified by the licensee on or before January thirty-
 first, two thousand eighteen, and not less than one year prior  to  such
 date,  the  state  police shall send a notice to all license holders who
 have not recertified by such time. Such recertification shall  be  in  a
 A. 3657                             3
 
 form  as  approved  by  the  superintendent of state police, which shall
 request the license holder's name, date of birth, gender, race, residen-
 tial address, social security number, firearms possessed by such license
 holder,  email address at the option of the license holder and an affir-
 mation that such  license  holder  is  not  prohibited  from  possessing
 firearms.  The form may be in an electronic form if so designated by the
 superintendent of state police. Failure to  recertify  shall  act  as  a
 revocation  of  such license. If the New York state police discover as a
 result of the recertification process that a licensee failed to  provide
 a  change  of  address,  the New York state police shall not require the
 [licensing] FILING officer to revoke such license.
   (c) A license to purchase or take possession of a semiautomatic  rifle
 as  defined  in  subdivision two of this section shall be recertified to
 the applicable [licensing] FILING officer every five years following the
 issuance of such license. Failure to renew such a  license  shall  be  a
 violation  punishable by a fine not to exceed two hundred fifty dollars,
 and such failure to renew shall be considered by the [licensing]  FILING
 officer when reviewing future license applications by the license holder
 pursuant to this chapter.
   (d)  Licenses  issued  under  paragraph (f) of subdivision two of this
 section shall be recertified or renewed in the same form and  manner  as
 otherwise  required  by  this  subdivision,  provided however, that such
 licenses shall be recertified or renewed every three years following the
 issuance of such license. For licenses issued  prior  to  the  effective
 date  of  this paragraph that were issued more than three years prior to
 such date, or will expire in less than one year from such date shall  be
 recertified or renewed within one year of such date.
   13.  Expenses.  The  expense of providing a [licensing] FILING officer
 with blank applications, licenses and record books for carrying out  the
 provisions  of this section shall be a charge against the county, and in
 the city of New York against the city.
   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 possess a pistol or revolver or to purchase or
 take possession of a semiautomatic rifle and provide for the disposition
 of  such  fees.  Elsewhere  in the state, the [licensing] FILING officer
 shall collect and pay into the county treasury the following  fees:  for
 each  license to carry or possess a pistol or revolver or to purchase or
 take possession of a semiautomatic rifle, not less  than  three  dollars
 nor  more  than ten dollars as may be determined 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
 A. 3657                             4
 
 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.
   § 3. This act shall take effect immediately.