S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5139
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to expenses borne by counties
   outside of the city of New York for the issuance  and  maintenance  of
   record books utilized by authorized gunsmiths in the sale and disposi-
   tion of firearms in the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and declaration. As part of New York's
 firearms licensing  law,  section  400.00  of  the  penal  law  requires
 gunsmiths  and  licensed  firearms  dealers  to maintain a record of all
 transactions involving firearms. These  requirements  are  contained  in
 subdivision  12  of  section  400.00 of the penal law. In order to buy a
 firearm the purchaser must produce a license authorizing  possession  of
 the  weapon or show authorization to carry the weapon by virtue of their
 peace officer or police officer status. Within ten days of sale, section
 400.00 of the penal law requires  the  seller  to  send  a  "transaction
 report"  to  the  Division of State Police. An original of the report is
 retained in a record book to be kept on premises while  the  statute  is
 silent as to who is responsible for distributing the record books to the
 firearms  dealers, subdivision 13 of section 400.00 of the penal law has
 been interpreted since 1987 as requiring County governments  outside  of
 the  City  of  New  York,  and  the City of New York within the City, as
 financially responsible for the expenses related to and  the  management
 of  the  issuance  of,  the record books referenced in subdivision 12 of
 section 400.00 of the penal law. Since the emergence of  on-line  retail
 sales  of  firearms,  the demand for, and cost of, firearms record books
 has grown as an unfunded mandate on counties related solely to an activ-
 ity associated with the State Police of New York. As such,  this  amend-
 ment  seeks  to  modify  the  law to require the expense associated with

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07265-01-3
 A. 5139                             2
              

 
 these record books be borne by the State of New York  as  incidental  to
 the functions required to be performed by the New York State Police.
   §  2.  Subdivision 13 of section 400.00 of the penal law is amended to
 read as follows:
   13. Expenses. The expense of providing a licensing 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] STATE BY AND THROUGH THE DIVISION OF STATE
 POLICE.
   § 3. This act shall take effect immediately.