S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    140
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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  revoking  a  license  to
   carry,  possess,  repair  and dispose of firearms for a conviction for
   failure to safely store rifles, shotguns, and firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a) of subdivision 11 of section 400.00 of the
 penal law, as amended by chapter 371 of the laws of 2022, is amended  to
 read as follows:
   (a)  The  conviction  of  a  licensee  anywhere of a felony or serious
 offense OR A CONVICTION OF A LICENSEE UNDER SECTION 265.45 OR 265.50  OF
 THIS   CHAPTER 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01866-01-3
 S. 140                              2
 
 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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.