S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5049
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, the general business law and the execu-
   tive law, in relation to licensing and other  provisions  relating  to
   firearms; and to repeal certain provisions of the penal law, the exec-
   utive law, the general business law, the state finance law and chapter
   371 of the laws of 2022 amending the penal law and other laws relating
   to licensing and other provisions relating to firearms, relating ther-
   eto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivisions 1, 1-a, 1-b,  2,  4-a,
 4-b,  4-c,  10  and 11 of section 400.00 of the penal law, as amended by
 chapter 371 of the laws of 2022, subdivision 1 as separately amended  by
 chapter 669 of the laws of 2022, are amended to read as follows:
 [Licensing and other provisions relating to] LICENSES TO CARRY, POSSESS,
            REPAIR AND DISPOSE OF firearms.
   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[, which, for  the  purposes  of  this
 article,  shall  mean  having  the  essential character, temperament and
 judgement necessary to be entrusted with a weapon and to use it only  in
 a manner that does not endanger oneself or others]; (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05601-01-3
              

 A. 5049                             2
 
 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
 a  noncitizen (i) is not illegally or unlawfully in the United States or
 (ii) has not been admitted to the United  States  under  a  nonimmigrant
 visa  subject  to  the exception 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 citizen 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  commit-
 ted  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 crim-
 inal  procedure  law [or substantially similar laws of any other state],
 section four hundred two or five hundred eight of  the  correction  law,
 section  322.2  or  353.4  of the family court act, has not been civilly
 confined in a secure treatment facility pursuant to article ten  of  the
 mental  hygiene law, or has not been the subject of a report made pursu-
 ant to section 9.46 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 authorized 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 storage 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[,  provided,  however,  persons with a license
 issued under paragraph (f) of subdivision two of this section  prior  to
 the  effective date of the laws of two thousand twenty-two which amended
 this paragraph shall be required to complete the  training  required  by
 subdivision  nineteen  of  this  section prior to the recertification of
 such license; and (iii) persons applying for a license  under  paragraph
 (f) of subdivision two of this section on or after the effective date of
 the  chapter  of  the laws of two thousand twenty-two which amended this
 paragraph who shall be required to complete the training required  under
 subdivision  nineteen of this section for such license;] (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, [incompetency,] incapacity, condition or
 disease, he or she lacks the mental capacity to contract or  manage  his
 or  her  own  affairs;  [(n) for a license issued under paragraph (f) of
 subdivision two of  this  section,  that  the  applicant  has  not  been
 convicted within five years of the date of the application of any of the
 following: (i) assault in the third degree, as defined in section 120.00
 of  this chapter; (ii) misdemeanor driving while intoxicated, as defined
 in section eleven hundred ninety-two of the vehicle and traffic law;  or
 (iii)  menacing,  as  defined in section 120.15 of this chapter; and (o)
 for a license issued under paragraph (f)  of  subdivision  two  of  this
 A. 5049                             3

 section,  the  applicant shall meet in person with the licensing officer
 for an interview and shall, in addition  to  any  other  information  or
 forms  required by the license application submit to the licensing offi-
 cer the following information: (i) names and contact information for the
 applicant's current spouse, or domestic partner, any other adults resid-
 ing  in the applicant's home, including any adult children of the appli-
 cant, and whether or not there are minors residing, full  time  or  part
 time,  in the applicant's home; (ii) names and contact information of no
 less than four character references who can attest  to  the  applicant's
 good  moral  character  and  that  such applicant has not engaged in any
 acts, or made any statements that suggest they are likely to  engage  in
 conduct that would result in harm to themselves or others; (iii) certif-
 ication  of  completion of the training required in subdivision nineteen
 of this section; (iv) a list of former and current social media accounts
 of the applicant from the past three years to  confirm  the  information
 regarding  the  applicants character and conduct as required in subpara-
 graph (ii) of this paragraph; and (v) such other information required by
 the licensing officer that is reasonably necessary and  related  to  the
 review  of  the  licensing  application] AND (N) CONCERNING WHOM NO GOOD
 CAUSE EXISTS FOR THE DENIAL OF THE LICENSE.
   [1-a.] 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 [shall be required] to 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.
   [1-b.] 1-A. For purposes of subdivision one of this  section,  serious
 offense shall include an offense in any jurisdiction or the former penal
 law  that includes all of the essential elements of a serious offense as
 defined by subdivision seventeen of  section  265.00  of  this  chapter.
 Nothing in this subdivision shall preclude the denial of a license based
 on  the  commission  of,  arrest  for or conviction of an offense in any
 other jurisdiction which does not include all of the essential  elements
 of a serious offense.
   2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
 shall be issued to engage in such business. A license for a semiautomat-
 ic rifle, other than an assault weapon or disguised gun, shall be issued
 to purchase or take possession of such a [semiautomatic  rifle]  FIREARM
 when such transfer of ownership occurs on or after the effective date of
 THE  chapter [two hundred twelve] of the laws of two thousand twenty-two
 that amended this subdivision. 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
 A. 5049                             4
 
 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 [subject to the
 restrictions of state and federal law], 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 system manufactured in or before 1898, which is
 not  designed for using rimfire or conventional centerfire fixed ammuni-
 tion; 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.
   4-a. [Appeals from denial of an application, renewal,  recertification
 or  license  revocation.  If an application for a license is denied, not
 renewed, not recertified, or revoked, the licensing officer shall  issue
 a  written  notice  to  the applicant setting forth the reasons for such
 denial. An applicant may, within ninety days of receipt of such  notice,
 request  a  hearing to appeal the denial to the appeals board created by
 the division of criminal justice  services  and  the  superintendent  of
 state police. An individual may be represented by counsel at any appear-
 ance  before  the  appeals board and shall be afforded an opportunity to
 present additional evidence in support of their application. The commis-
 sioner of criminal justice services  and  the  superintendent  of  state
 police  shall  promulgate  rules  and regulations governing such appeals
 process.
   4-b.] Processing of license applications.  Applications  for  licenses
 shall be accepted for processing by the licensing officer at the time of
 presentment.  Except  upon  written notice to the applicant specifically
 stating the reasons for any delay, in each case  the  licensing  officer
 shall  act  upon  any application for a license pursuant to this section
 within six months of the date of presentment of such an  application  to
 the  appropriate  authority.  Such  delay may only be for good cause and
 with respect to the  applicant.  In  acting  upon  an  application,  the
 licensing  officer shall either deny the application for reasons specif-
 ically and concisely stated in writing  or  grant  the  application  and
 issue the license applied for.
   [4-c.]  4-B. Westchester county firearms safety course certificate. In
 the county of Westchester, at the time  of  application,  the  licensing
 officer to which the license application is made shall provide a copy of
 the safety course booklet to each license applicant. Before such license
 is  issued,  such  licensing  officer  shall  require that the applicant
 submit a certificate of  successful  completion  of  a  firearms  safety
 course  and  test  issued  in  his or her name and endorsed and affirmed
 under the penalties of perjury by a duly authorized instructor.
   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
 A. 5049                             5
 
 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 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
 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
 [three]  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 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
 paragraph  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 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 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
 A. 5049                             6
 
 the applicable licensing 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 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.]
   11. License: revocation and suspension. (a) The conviction of a licen-
 see  anywhere  of  a felony or serious offense or a licensee at any time
 becoming ineligible to obtain a license[, including engaging in  conduct
 that  would have resulted in the denial of a license, under this section
 shall operate as or be grounds for,] UNDER THIS SECTION SHALL OPERATE AS
 a revocation of the license.  A license may be revoked or  suspended  as
 provided  for in section 530.14 of the criminal procedure law or section
 eight hundred forty-two-a of the family court act. Except for a  license
 issued  pursuant  to  section  400.01  of this article, a license may be
 revoked and cancelled at any time in the city of New York,  and  in  the
 counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
 than in the city of New York by any judge  or  justice  of  a  court  of
 record;  a license issued pursuant to section 400.01 of this article may
 be revoked and cancelled at any time by the  licensing  officer  or  any
 judge  or justice of a court of record. A license to engage in the busi-
 ness of dealer may be revoked or suspended  for  any  violation  of  the
 provisions  of  article  thirty-nine-BB of the general business law. The
 official revoking a license shall give written  notice  thereof  without
 unnecessary delay to the executive department, division of state police,
 Albany,  and  shall  also notify immediately the duly constituted police
 authorities of the locality. [The licensing  officer  shall  revoke  any
 license  issued  in  which  an applicant knowingly made a material false
 statement on the application. Notice of a revocation under this subdivi-
 sion shall be issued in writing and shall  include  the  basis  for  the
 determination,  which  shall  be  supported  by  a  preponderance of the
 evidence. Such notice shall also include information regarding the abil-
 ity to appeal such decision in accordance  with  subdivision  four-a  of
 this section.]
   (b) Whenever the director of community services or his or her designee
 makes  a  report pursuant to section 9.46 of the mental hygiene law, the
 division of criminal justice services  shall  convey  such  information,
 whenever  it  determines that the person named in the report possesses a
 license issued pursuant to this section, to  the  appropriate  licensing
 official, who shall issue an order suspending or revoking such license.
   (c)  In  any  instance  in  which  a  person's license is suspended or
 revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
 shall  surrender  such license to the appropriate licensing official and
 any and all firearms, rifles, or shotguns owned  or  possessed  by  such
 person  shall be surrendered to an appropriate law enforcement agency as
 provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
 section  265.20  of  this  chapter.  In the event such license, firearm,
 shotgun, or rifle is not surrendered, such items shall  be  removed  and
 A. 5049                             7
 
 declared  a  nuisance  and  any  police  officer or peace officer acting
 pursuant to his or her special duties is authorized to  remove  any  and
 all such weapons.
   § 2. Subdivision 23 of section 837 of the executive law is REPEALED.
   § 3. Section 235 of the executive law is REPEALED.
   § 4. Section 265.01-e of the penal law is REPEALED.
   § 5. Section 265.01-d of the penal law is REPEALED.
   § 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law
 is REPEALED.
   § 7. Section 400.02 of the penal law, as amended by chapter 371 of the
 laws of 2022, is amended to read as follows:
 § 400.02 Statewide license and record database.
   [1.]  There  shall  be  a  statewide license and record database which
 shall be created and maintained by the division of state police the cost
 of which shall not be borne by any municipality.  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. [All records] RECORDS containing granted license applications [from
 all  licensing  authorities]  shall be [monthly] PERIODICALLY checked by
 the division of criminal justice services [in conjunction with the divi-
 sion of state police] against  criminal  conviction,  [criminal  indict-
 ment,]  mental  health,  [extreme  risk  protection  orders,  orders  of
 protection,] 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  division  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 [and
 local] agencies shall cooperate with the division  of  criminal  justice
 services, as otherwise authorized by law, in making their records avail-
 able  for  such  checks. The division of criminal 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 [shall] 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  collected  for
 purposes  of inclusion in the database established by this section shall
 be released pursuant to a court order.
   [2. There shall be a statewide license and  record  database  specific
 for  ammunition sales which shall be created and maintained by the divi-
 sion of state police the cost of which shall not be borne by any munici-
 pality no later than thirty days upon designating the division of  state
 police  as  the  point of contact to perform both firearm and ammunition
 background checks under federal and  state  law.  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.  All  records  containing  granted  license  applications  from all
 licensing authorities shall be monthly checked by the division of crimi-
 nal justice services in conjunction with the division  of  state  police
 against   criminal  conviction,  criminal  indictments,  mental  health,
 extreme risk protection orders, orders  of  protection,  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
 A. 5049                             8

 made pursuant to this article against such records to determine  whether
 a  license  may be granted. All state and local agencies shall cooperate
 with the division of criminal justice services, as otherwise  authorized
 by law, in making their records available for such checks. No later than
 thirty  days after the superintendent of the state police certifies that
 the statewide license and record database established pursuant  to  this
 section  and  the  statewide license and record database established for
 ammunition sales are operational for the purposes  of  this  section,  a
 dealer  in firearms licensed pursuant to section 400.00 of this article,
 a seller of ammunition as defined in subdivision twenty-four of  section
 265.00  of  this  chapter shall not transfer any ammunition to any other
 person who is not a dealer in firearms as defined in subdivision nine of
 such section 265.00 or a seller of ammunition as defined in  subdivision
 twenty-four of section 265.00 of this chapter, unless:
   (a)  before  the  completion  of  the transfer, the licensee or seller
 contacts the statewide license and  record  database  and  provides  the
 database  with  information sufficient to identify such dealer or seller
 transferee based on information on the transferee's identification docu-
 ment as defined in paragraph (c) of this subdivision,  as  well  as  the
 amount,  caliber, manufacturer's name and serial number, if any, of such
 ammunition;
   (b) the licensee or seller is provided with  a  unique  identification
 number; and
   (c)  the  transferor  has  verified  the identity of the transferee by
 examining a valid state identification document of the transferee issued
 by the department of motor vehicles or if the transferee is not a  resi-
 dent of the state of New York, a valid identification document issued by
 the  transferee's  state or country of residence containing a photograph
 of the transferee.]
   § 8. Subdivisions 2 and 6 of section  400.03  of  the  penal  law,  as
 amended  by section 8 of chapter 371 of the laws of 2022, are amended to
 read as follows:
   2. Any seller of ammunition or dealer in firearms shall  keep  [either
 an  electronic  record, or dataset, or an organized collection of struc-
 tured information, or data, typically stored electronically in a comput-
 er system] A RECORD BOOK approved as to form by  the  superintendent  of
 state  police.  In the record BOOK shall be entered at the time of every
 transaction involving ammunition the date,  name,  age,  occupation  and
 residence  of  any  person  from  whom ammunition is received or to whom
 ammunition is delivered, and the amount,  calibre,  manufacturer's  name
 and  serial number, or if none, any other distinguishing number or iden-
 tification mark on such ammunition.  THE RECORD BOOK SHALL BE MAINTAINED
 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  OR  HER SPECIAL DUTIES, OR POLICE OFFICER. ANY RECORD
 PRODUCED PURSUANT TO THIS SECTION AND ANY TRANSMISSION  THEREOF  TO  ANY
 GOVERNMENT  AGENCY  SHALL NOT BE CONSIDERED A PUBLIC RECORD FOR PURPOSES
 OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   6. If the superintendent of state  police  certifies  that  background
 checks  of  ammunition  purchasers may be conducted through the national
 instant criminal background check system [or  through  the  division  of
 state  police  once  the division has been designated point of contact],
 use of that system by a dealer or seller shall be sufficient to  satisfy
 subdivisions  four  and  five  of  this section and such checks shall be
 conducted through such system, provided that a  record  of  such  trans-
 A. 5049                             9
 
 action  shall  be  forwarded to the state police in a form determined by
 the superintendent.
   § 9. Section 265.45 of the penal law, as amended by chapter 371 of the
 laws of 2022, is amended to read as follows:
 § 265.45 Failure  to  safely store rifles, shotguns, and firearms in the
              first degree.
   [1.] No person who owns or is custodian of a rifle, shotgun or firearm
 who resides with an individual who:  (i)  is  under  [eighteen]  SIXTEEN
 years of age; (ii) such person knows or has reason to know is prohibited
 from  possessing  a rifle, shotgun or firearm pursuant to a temporary or
 final extreme risk protection order issued under  article  sixty-three-A
 of  the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8)
 or (9); or (iii) such person knows or has reason to know  is  prohibited
 from  possessing a rifle, shotgun or firearm based on a conviction for a
 felony or a serious offense, shall store or otherwise leave such  rifle,
 shotgun  or  firearm  out  of his or her immediate possession or control
 without having first securely locked such rifle, shotgun or  firearm  in
 an appropriate safe storage depository or rendered it incapable of being
 fired by use of a gun locking device appropriate to that weapon.
   [2.  No  person  shall  store  or otherwise leave a rifle, shotgun, or
 firearm out of his or her immediate possession or control inside a vehi-
 cle without first removing the ammunition from and securely locking such
 rifle, shotgun, or firearm in an appropriate safe storage depository out
 of sight from outside of the vehicle.
   3.] For purposes of this section "safe storage depository" shall  mean
 a  safe  or  other  secure container which, when locked, is incapable of
 being opened without the key, [keypad,] combination or  other  unlocking
 mechanism  and  is  capable  of  preventing  an unauthorized person from
 obtaining access to and possession of the weapon contained therein  [and
 shall  be  fire,  impact, and tamper resistant]. Nothing in this section
 shall be deemed to affect, impair or supersede any special or local  act
 relating  to  the  safe  storage  of  rifles, shotguns or firearms which
 impose additional requirements on the owner or custodian of  such  weap-
 ons.  [For  the  purposes  of  subdivision  two of this section, a glove
 compartment or glove box shall not be  considered  an  appropriate  safe
 storage depository.
   4.] It shall not be a violation of this section to allow a person less
 than  [eighteen] SIXTEEN years of age access to: (i) a firearm, rifle or
 shotgun for lawful use as authorized under paragraph seven or seven-e of
 subdivision a of section 265.20 of this article,  or  (ii)  a  rifle  or
 shotgun  for  lawful use as authorized by article eleven of the environ-
 mental conservation law when such person less  than  [eighteen]  SIXTEEN
 years of age is the holder of a hunting license or permit and such rifle
 or shotgun is used in accordance with such law.
   Failure  to  safely  store rifles, shotguns, and firearms in the first
 degree is a class A misdemeanor.
   § 10. Section 400.30 of the penal law is REPEALED.
   § 11. Section 270.20 of the penal law, as amended by  chapter  371  of
 the laws of 2022, is amended to read as follows:
 § 270.20 Unlawful wearing of A body [armor] VEST.
   1.  A  person is guilty of the unlawful wearing of A body [armor] VEST
 when acting either alone or with one or more other  persons  he  commits
 any  violent  felony offense defined in section 70.02 while possessing a
 firearm, rifle or shotgun and in the course of  and  in  furtherance  of
 such crime he or she wears A body [armor] VEST.
 A. 5049                            10
 
   2.  For  the purposes of this section A "body [armor] VEST" means [any
 product that is a personal protective body covering intended to  protect
 against  gunfire, regardless of whether such product is to be worn alone
 or is sold as a complement to another product or garment]  A  BULLET-RE-
 SISTANT  SOFT  BODY ARMOR PROVIDING, AS A MINIMUM STANDARD, THE LEVEL OF
 PROTECTION KNOWN AS THREAT LEVEL I  WHICH  SHALL  MEAN  AT  LEAST  SEVEN
 LAYERS  OF  BULLET-RESISTANT  MATERIAL  PROVIDING  PROTECTION FROM THREE
 SHOTS OF ONE HUNDRED FIFTY-EIGHT GRAIN LEAD AMMUNITION FIRED FROM A  .38
 CALIBRE HANDGUN AT A VELOCITY OF EIGHT HUNDRED FIFTY FEET PER SECOND.
   The unlawful wearing of A body [armor] VEST is a class E felony.
   §  12.  Section  270.21 of the penal law, as amended by chapter 371 of
 the laws of 2022, is amended to read as follows:
 § 270.21 Unlawful purchase of A body [armor] VEST.
   A person is guilty of the unlawful purchase of  A  body  [armor]  VEST
 when,  not  being  engaged  or  employed in an eligible profession, they
 knowingly purchase or take possession of A body [armor]  VEST,  as  such
 term  is  defined  in subdivision two of section 270.20 of this article.
 This section shall not apply  to  individuals  or  entities  engaged  or
 employed in eligible professions, which shall include police officers as
 defined in section 1.20 of the criminal procedure law, peace officers as
 defined  in section 2.10 of the criminal procedure law, persons in mili-
 tary service in the state of New York or military or other  service  for
 the  United States, and such other professions designated by the depart-
 ment of state in accordance with section one hundred forty-four-a of the
 executive law.
   Unlawful purchase of A body [armor] VEST is a class A misdemeanor  for
 a first offense and a class E felony for any subsequent offense.
   §  13.  Section  270.22 of the penal law, as amended by chapter 371 of
 the laws of 2022, is amended to read as follows:
 § 270.22 Unlawful sale of A body [armor] VEST.
   A person is guilty of the unlawful sale of A body  [armor]  VEST  when
 they  sell,  exchange,  give  or dispose of A body [armor] VEST, as such
 term is defined in subdivision two of section 270.20 of this article, to
 an individual whom they know or reasonably  should  have  known  is  not
 engaged  or  employed in an eligible profession, as such term is defined
 in section 270.21 of this article.
   Unlawful sale of A body [armor] VEST is a class A misdemeanor for  the
 first offense and a class E felony for any subsequent offense.
   § 14. Section 396-eee of the general business law, as amended by chap-
 ter 371 of the laws of 2022, is amended to read as follows:
   §  396-eee.  Unlawful  sale  or  delivery of body [armor] VESTS. 1. No
 person, firm or corporation shall sell or deliver body [armor] VESTS  to
 any  individual or entity not engaged or employed in an eligible profes-
 sion, and except as provided in subdivision [two] THREE of this section,
 no such sale or delivery shall be permitted unless the transferee  meets
 in person with the transferor to accomplish such sale or delivery.
   2.  The  provisions  of  subdivision  one of this section regarding in
 person sale or delivery shall not apply to purchases made by  [federal,]
 state[,] or local government agencies for the purpose of furnishing such
 body [armor] VESTS to employees in eligible professions.
   3.  For  the  purposes of this section, "body [armor] VEST" shall have
 the same meaning as defined in subdivision two of section 270.20 of  the
 penal law.
   4. Any person, firm or corporation that violate the provisions of this
 section shall be guilty of a violation punishable by a fine in an amount
 A. 5049                            11
 
 not  to  exceed  five  thousand  dollars for the first offense and in an
 amount not to exceed ten thousand dollars for any subsequent offense.
   § 15. Section 144-a of the executive law, as amended by chapter 371 of
 the laws of 2022, is amended to read as follows:
   §  144-a. Eligible professions for the purchase, sale, and use of body
 [armor] VESTS.  The secretary of state in consultation with the division
 of criminal justice services, the  division  of  homeland  security  and
 emergency  services,  the department of corrections and community super-
 vision, the division of the state police,  and  the  office  of  general
 services  shall  promulgate  rules and regulations to establish criteria
 for eligible professions requiring the use of A body  [armor]  VEST,  as
 such  term  is defined in subdivision two of section 270.20 of the penal
 law. Such professions shall include those in which the duties may expose
 the individual to serious physical injury that may be prevented or miti-
 gated by the wearing of A body [armor] VEST.  Such rules and regulations
 shall also include a process  by  which  an  individual  or  entity  may
 request that the profession in which they engage be added to the list of
 eligible  professions,  a  process by which the department shall approve
 such professions, and a process by which individuals  and  entities  may
 present  proof  of  engagement in eligible professions when purchasing A
 body [armor] VEST.
   § 16. Section 228 of the executive law is REPEALED.
   § 17. Subdivision 2 of section 898 of the  general  business  law,  as
 amended  by  chapter  371  of  the  laws  of 2022, is amended to read as
 follows:
   2. Before any sale, exchange or disposal pursuant to this  article,  a
 national instant criminal background check must be completed by a dealer
 who  [shall submit a request to the division of state police pursuant to
 section two hundred twenty-eight  of  the  executive  law]  CONSENTS  to
 conduct  such check, AND UPON COMPLETION OF SUCH BACKGROUND CHECK, SHALL
 COMPLETE A DOCUMENT, THE FORM OF WHICH SHALL BE APPROVED BY  THE  SUPER-
 INTENDENT  OF STATE POLICE, THAT IDENTIFIES AND CONFIRMS THAT SUCH CHECK
 WAS PERFORMED. Before a dealer who [has submitted a request to the divi-
 sion of state police] CONSENTS to conduct a  national  instant  criminal
 background  check  delivers  a  firearm, rifle or shotgun to any person,
 either (a) NICS [shall have] issued a "proceed" response TO THE  DEALER,
 or (b) thirty calendar days shall have elapsed since the date the dealer
 [submitted  a  request  to  the division of state police to contact the]
 CONTACTED NICS to initiate a national instant criminal background  check
 and NICS has not notified the [division of state police] DEALER that the
 transfer  of  the  firearm,  rifle  or  shotgun to such person should be
 denied.
   § 18. Paragraph (c) of subdivision 1 of section  896  of  the  general
 business  law, as amended by chapter 371 of the laws of 2022, is amended
 to read as follows:
   (c) [coordinate with the division of state police to]  provide  access
 at  the  gun  show to A FIREARM DEALER LICENSED UNDER FEDERAL LAW WHO IS
 AUTHORIZED TO perform  a  national  instant  criminal  background  check
 [prior  to  any firearm sale or transfer] WHERE THE SELLER OR TRANSFEROR
 OF A FIREARM, RIFLE OR SHOTGUN IS NOT AUTHORIZED TO CONDUCT SUCH A CHECK
 BY (I) REQUIRING FIREARM EXHIBITORS WHO  ARE  FIREARM  DEALERS  LICENSED
 UNDER  FEDERAL  LAW AND WHO ARE AUTHORIZED TO CONDUCT A NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK TO PROVIDE SUCH A CHECK AT COST OR (II) DESIG-
 NATING A SPECIFIC LOCATION AT  THE  GUN  SHOW  WHERE  A  FIREARM  DEALER
 LICENSED  UNDER  FEDERAL  LAW  WHO  IS  AUTHORIZED TO CONDUCT A NATIONAL
 INSTANT CRIMINAL BACKGROUND CHECK WILL BE  PRESENT  TO  PERFORM  SUCH  A
 A. 5049                            12
 
 CHECK  AT  COST.  Any  firearm  dealer  licensed  under  federal law who
 [submits a request to the division of state police to perform]  PERFORMS
 a  national instant criminal background check pursuant to this paragraph
 shall  provide the seller or transferor of the firearm, rifle or shotgun
 with a copy of the United States Department of Treasury, Bureau of Alco-
 hol, Tobacco and Firearms Form ATF F 4473 and such dealer shall maintain
 such form and make such form available for inspection by law enforcement
 agencies for a period of ten years thereafter.
   § 19. Section 19 of chapter 371 of the laws of 2022 is REPEALED.
   § 20. Section 400.06 of the penal law is REPEALED.
   § 21. Section 99-pp of the state finance law as added by  chapter  371
 of the laws of 2022, is REPEALED.
   § 22. Subdivision 19 of section 265.00 of the penal law, as amended by
 chapter 371 of the laws of 2022, is amended to read as follows:
   19. "Duly authorized instructor" means (a) a duly commissioned officer
 of  the United States army, navy, marine corps or coast guard, or of the
 national guard of the state of New York; or (b) a duly  qualified  adult
 citizen  of  the  United States who has been granted a certificate as an
 instructor in small arms practice issued by the United States army, navy
 or marine corps, or by the adjutant general of this state,  [or  by  the
 division of criminal justice services,] or by the national rifle associ-
 ation  of America, a not-for-profit corporation duly organized under the
 laws of this state; OR (c) [by] a person duly qualified  and  designated
 by  the  department  of  environmental conservation UNDER PARAGRAPH C OF
 SUBDIVISION THREE OF SECTION 11-0713 OF THE  ENVIRONMENTAL  CONSERVATION
 LAW  as its agent in the giving of instruction and the making of certif-
 ications of qualification in responsible hunting practices; or (d) a New
 York state 4-H certified shooting sports instructor.
   § 23. Subdivision 18 of section 400.00 of the penal law, as amended by
 chapter 371 of the laws of 2022, is amended to read as follows:
   18. Notice. Upon the issuance of  a  license,  the  licensing  officer
 shall  issue  therewith[,  and such licensee shall attest to the receipt
 of,] the following [information and notifications: (a) the  grounds  for
 which  the license issued may be revoked, which shall include but not be
 limited to the areas and locations for which the licenses  issued  under
 paragraph   (f)  of  subdivision  two  of  this  section  prohibits  the
 possession of firearms, rifles, and  shotguns,  and  that  a  conviction
 under  sections  265.01-d  and 265.01-e of this chapter are felonies for
 which licensure will be revoked;
   (b) a notification regarding the requirements for safe  storage  which
 shall  be]  NOTICE  in conspicuous and legible twenty-four point type on
 eight and one-half inches by eleven inches paper stating in  bold  print
 the following:
   WARNING:  RESPONSIBLE  FIREARM  STORAGE  IS THE LAW IN NEW YORK STATE.
 [WHEN STORED IN A HOME] FIREARMS[, RIFLES, OR SHOTGUNS] MUST  EITHER  BE
 STORED  WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT
 BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL  OF  THE  OWNER  OR
 OTHER LAWFUL POSSESSOR IF A CHILD [UNDER THE AGE OF EIGHTEEN] RESIDES IN
 THE  HOME  OR  IS  PRESENT,  OR IF THE OWNER OR POSSESSOR RESIDES WITH A
 PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL  LAW.
 FIREARMS  SHOULD BE STORED [BY REMOVING THE AMMUNITION FROM AND SECURELY
 LOCKING SUCH FIREARM] UNLOADED AND LOCKED IN A  LOCATION  SEPARATE  FROM
 AMMUNITION.  LEAVING  FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED
 PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. [WHEN STORED IN A
 VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR  CONTROL,  FIREARMS,
 A. 5049                            13

 RIFLES,  AND  SHOTGUNS  MUST  BE  STORED  IN AN APPROPRIATE SAFE STORAGE
 DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.
   (c)  any  other information necessary to ensure such licensee is aware
 of their responsibilities as a license holder.]
   Nothing in this subdivision shall  be  deemed  to  affect,  impair  or
 supersede  any special or local law relating to providing notice regard-
 ing the safe storage of rifles, shotguns or firearms.
   § 23-a.   Subdivision 19  of  section  400.00  of  the  penal  law  is
 REPEALED.
   §  24.  Subdivisions  11 and 12 of section 265.00 of the penal law, as
 amended by chapter 371 of the laws of  2022,  are  amended  to  read  as
 follows:
   11. "Rifle" means a weapon designed or redesigned, made or remade, and
 intended  to  be  fired from the shoulder and designed or redesigned and
 made or remade to use the energy of the explosive IN  A  FIXED  METALLIC
 CARTRIDGE  to  fire  only  a single projectile through a rifled bore for
 each single pull of  the  trigger  [using  either:  (a)  fixed  metallic
 cartridge;  or (b) each projectile and explosive charge are loaded indi-
 vidually for each shot discharged. In addition to common, modern  usage,
 rifles include those using obsolete ammunition not commonly available in
 commercial  trade,  or  that  load  through the muzzle and fire a single
 projectile with each discharge, or  loading,  including  muzzle  loading
 rifles, flintlock rifles, and black powder rifles].
   12.  "Shotgun"  means a weapon designed or redesigned, made or remade,
 and intended to be fired from the shoulder and  designed  or  redesigned
 and made or remade to use the energy of the explosive IN A FIXED SHOTGUN
 SHELL  to fire through a smooth [or rifled] bore either a number of ball
 shot or a single projectile for each single pull of the  trigger  [using
 either: (a) a fixed shotgun shell; or (b) a projectile or number of ball
 shot  and  explosive  charge  are  loaded  individually  for  each  shot
 discharged. In addition to common, modern usage, shotguns include  those
 using obsolete ammunition not commonly available in commercial trade, or
 that load through the muzzle and fires ball shot with each discharge, or
 loading,  including  muzzle  loading  shotguns,  flintlock shotguns, and
 black powder shotguns].
   § 25. Severability. If any clause, sentence, paragraph or  section  of
 this  act shall be adjudged by any court of competent jurisdiction to be
 invalid, the judgment shall not affect, impair or invalidate the remain-
 der thereof, but shall be confined  in  its  operation  to  the  clause,
 sentence,  paragraph or section thereof directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 26. This act shall take effect immediately; provided, however:
   (a) if the amendments to subdivision 4-a  of  section  400.00  of  the
 penal  law  made by section one of chapter 371 of the laws of 2022 shall
 not have taken effect on or before such  date  then  the  amendments  to
 subdivision 4-a of section 400.00 of the penal law as amended by section
 one  of  this  act  shall  take  effect on the same date and in the same
 manner as such chapter of the laws of 2022 takes effect;
   (b) if section seventeen of chapter 371 of the laws of 2022 shall  not
 have taken effect on or before such date then the amendments to subdivi-
 sion 2 of section 898 of the general business law made by section seven-
 teen  of  this  act  shall  take effect on the same date and in the same
 manner as such section of such chapter of the laws of 2022 takes effect;
   (c) if section eighteen of chapter 371 of the laws of 2022  shall  not
 have  taken  effect  on or before such date then the amendments to para-
 graph (c) of subdivision 1 of section 896 of the  general  business  law
 A. 5049                            14
 
 made  by section eighteen of this act shall take effect on the same date
 and in the same manner as such section of such chapter of  the  laws  of
 2022 takes effect;
   (d) if section twenty-two of chapter 371 of the laws of 2022 shall not
 have taken effect on or before such date then the amendments to subdivi-
 sion  19  of  section 265.00 of the general business law made by section
 eighteen of this act shall take effect on the same date and in the  same
 manner as such section of such chapter of the laws of 2022 takes effect.