S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1703
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  licenses  to  carry  and
   possess firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
 amended  by  chapter  371  of  the  laws  of 2022, is amended to read as
 follows:
   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 when such
 transfer of ownership occurs on or after the effective date  of  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
 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,]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05439-01-3
              

 S. 1703                             2
 
 without regard to employment or place  of  possession  [subject  to  the
 restrictions  of  state  and  federal  law, by any person; 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  ammunition;  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].
   § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
 law,  as  amended by chapter 212 of the laws of 2022, is amended to read
 as follows:
   (a) Applications shall be made and renewed, in the case of  a  license
 to  carry  [or]  AND possess a pistol or revolver or to purchase or take
 possession of a semiautomatic rifle, to the  licensing  officer  in  the
 city  or  county,  as  the  case may be, where the applicant resides, is
 principally employed or has his or her principal place  of  business  as
 merchant  or  storekeeper;  and, in the case of a license as gunsmith or
 dealer in firearms, to the licensing officer where such place  of  busi-
 ness  is  located.  Blank  applications shall, except in the city of New
 York, be approved as to form by the superintendent of state  police.  An
 application shall state the full name, date of birth, residence, present
 occupation of each person or individual signing the same, whether or not
 he  or  she  is a citizen of the United States, whether or not he or she
 complies with each requirement for eligibility specified in  subdivision
 one  of this section and such other facts as may be required to show the
 good character, competency and integrity of each  person  or  individual
 signing  the application. An application shall be signed and verified by
 the applicant. Each individual signing an application shall  submit  one
 photograph  of himself or herself and a duplicate for each required copy
 of the application. Such photographs shall have been taken within thirty
 days prior to filing the application. In case of a license  as  gunsmith
 or  dealer  in  firearms,  the photographs submitted shall be two inches
 square, and the application shall also state the previous occupation  of
 each  individual  signing the same and the location of the place of such
 business, or of the bureau, agency, subagency, office or  branch  office
 for  which  the license is sought, specifying the name of the city, town
 or village, indicating the street and number and otherwise  giving  such
 apt description as to point out reasonably the location thereof. In such
 case,  if the applicant is a firm, partnership or corporation, its name,
 date and place of formation, and principal place of  business  shall  be
 stated.  For  such  firm or partnership, the application shall be signed
 and verified by each individual composing or intending  to  compose  the
 same, and for such corporation, by each officer thereof.
   §  3.  Subdivision 6 of section 400.00 of the penal law, as amended by
 chapter 212 of the laws of 2022, is amended to read as follows:
   6. License: validity. Any license  issued  pursuant  to  this  section
 shall  be valid notwithstanding the provisions of any local law or ordi-
 nance. No license shall be transferable to any other person or premises.
 A license to carry [or] AND possess a pistol or revolver, or to purchase
 or take possession of a semiautomatic rifle[, not otherwise  limited  as
 to  place  or  time  of  possession,]  shall be effective throughout the
 S. 1703                             3
 
 state, except that the same shall not be valid within the  city  of  New
 York  unless  a special permit granting validity is issued by the police
 commissioner of that city. Such license to carry [or] AND possess  shall
 be  valid  within the city of New York in the absence of a permit issued
 by the police commissioner of that city, provided that (a) the  firearms
 covered by such license have been purchased from a licensed dealer with-
 in  the  city  of  New  York  and are being transported out of said city
 forthwith and immediately from said dealer by the licensee in  a  locked
 container  during  a continuous and uninterrupted trip; or provided that
 (b) the firearms covered by such license are being  transported  by  the
 licensee in a locked container and the trip through the city of New York
 is  continuous  and  uninterrupted;  or  provided  that (c) the firearms
 covered by such license are  carried  by  armored  car  security  guards
 transporting  money  or  other valuables, in, to, or from motor vehicles
 commonly known as armored cars, during the course of  their  employment;
 or  provided that (d) the licensee is a retired police officer as police
 officer is defined pursuant to subdivision thirty-four of  section  1.20
 of the criminal procedure law or a retired federal law enforcement offi-
 cer,  as  defined in section 2.15 of the criminal procedure law, who has
 been issued a license by an authorized licensing officer as  defined  in
 subdivision  ten  of  section 265.00 of this chapter; provided, further,
 however, that if such license was not issued in the city of New York  it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the  license  shall  be  deemed  to  permit  only  police or federal law
 enforcement regulations weapons; or provided that (e) the licensee is  a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal  procedure law and the license, if issued by other than the city of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such case the exemption shall apply only to the firearm issued  to  such
 licensee  by  the  department  of  taxation  and  finance.  A license as
 gunsmith or dealer in firearms shall not be valid outside  the  city  or
 county, as the case may be, where issued. Notwithstanding any inconsist-
 ent  provision of state or local law or rule or regulation, the premises
 limitation set forth in any license to have  and  possess  a  pistol  or
 revolver  in  the  licensee's  dwelling or place of business pursuant to
 paragraph (a) or (b) of  subdivision  two  of  this  section  shall  not
 prevent the transport of such pistol or revolver directly to or from (i)
 another dwelling or place of business of the licensee where the licensee
 is  authorized  to  have  and  possess  such pistol or revolver, (ii) an
 indoor or outdoor shooting range that is authorized by law to operate as
 such, (iii) a shooting competition at which  the  licensee  may  possess
 such  pistol or revolver consistent with the provisions of subdivision a
 of section 265.20 of this chapter or consistent with the law  applicable
 at  the  place of such competition, or (iv) any other location where the
 licensee is lawfully authorized to  have  and  possess  such  pistol  or
 revolver;  provided  however,  that  during  such transport to or from a
 location specified in clauses (i) through (iv) of  this  paragraph,  the
 pistol  or revolver shall be unloaded and carried in a locked container,
 and the  ammunition  therefor  shall  be  carried  separately;  provided
 further,  however, that a license to have and possess a pistol or revol-
 ver in the licensee's dwelling or place of business  pursuant  to  para-
 graph  (a) or (b) of subdivision two of this section that is issued by a
 licensing officer other than the police commissioner of the city of  New
 York shall not authorize transport of a pistol or revolver into the city
 of  New  York  in  the  absence of written authorization to do so by the
 S. 1703                             4
 
 police commissioner of that city. The term "locked container" shall  not
 include the glove compartment or console of a vehicle.
   §  4.  Subdivision 7 of section 400.00 of the penal law, as separately
 amended by chapters 212 and 669 of the laws of 2022, is amended to  read
 as follows:
   7.  License:  form. Any license issued pursuant to this section shall,
 except in the city of New York, be approved as to  form  by  the  super-
 intendent  of state police. A license to carry [or] AND possess a pistol
 or revolver or to purchase or take possession of a  semiautomatic  rifle
 shall  have attached the licensee's photograph, and a coupon which shall
 be removed and retained by any person disposing  of  a  firearm  to  the
 licensee. A license to carry [or] AND possess a pistol or revolver shall
 specify  the weapon covered by calibre, make, model, manufacturer's name
 and serial number, or if none, by any  other  distinguishing  number  or
 identification  mark[, and shall indicate whether issued to carry on the
 person or possess on the premises, and if on  the  premises  shall  also
 specify  the  place  where the licensee shall possess the same]. If such
 license is issued to a noncitizen, or to a person not a citizen  of  and
 usually  a  resident  in the state, the licensing officer shall state in
 the license the particular reason for the issuance and the names of  the
 persons  certifying  to the good character of the applicant. Any license
 as gunsmith or dealer in firearms shall mention and describe  the  prem-
 ises for which it is issued and shall be valid only for such premises.
   §  5.  Subdivision 9 of section 400.00 of the penal law, as amended by
 chapter 212 of the laws of 2022, is amended to read as follows:
   9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
 person  licensed  to  carry  [or] AND 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 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 record of the amendment  describing  the  weapons
 involved  shall  be  filed  by  the  licensing  officer in the executive
 department, division of state  police,  Albany.  The  superintendent  of
 state  police  may authorize that such amendment be completed and trans-
 mitted 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
 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 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.
   §  6.  Paragraph  (a) of subdivision 10 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) Any license for gunsmith or dealer in firearms and, in the city of
 New  York,  any  license to carry [or] AND 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
 S. 1703                             5
 
 after the date of issuance. In the counties of Nassau, Suffolk and West-
 chester,  any  license  to  carry [or] AND 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 accordance 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 ther-
 eafter.  For  purposes of this section certification shall mean that the
 licensee shall provide to the licensing 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 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] AND 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 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 officer shall issue  a  dupli-
 cate license.
   §  7. Subdivision 12 of section 400.00 of the penal law, as amended by
 chapter 207 of the laws of 2022, is amended to read as follows:
   12. Records required of gunsmiths and dealers in firearms. In addition
 to the requirements set forth in article thirty-nine-BB of  the  general
 business  law,  any  person  licensed  as gunsmith or dealer in firearms
 shall keep a record book approved as to form, except in the city of  New
 York, by the superintendent of state police. In the record book shall be
 entered  at  the time of every transaction involving a firearm the date,
 name, age, occupation and residence of any person from whom a firearm is
 received or to whom a firearm  is  delivered,  and  the  calibre,  make,
 model,  manufacturer's  name  and  serial  number, or if none, any other
 distinguishing number or identification mark  on  such  firearm.  Before
 delivering  a  firearm  to any person, the licensee shall require him to
 produce either a license valid under this  section  to  carry  [or]  AND
 possess  the  same,  or  proof  of  lawful authority as an exempt person
 pursuant to section 265.20 of this chapter and either (a)  the  National
 Instant  Criminal  Background  Check  System (NICS) or its successor has
 issued a "proceed" response to the licensee, or (b) thirty calendar days
 have elapsed since the date the licensee contacted NICS  to  initiate  a
 national instant criminal background check and NICS has not notified the
 licensee  that  the  transfer  of  the  firearm to such person should be
 S. 1703                             6

 denied. In addition, before delivering a firearm to a peace officer, the
 licensee shall verify that person's status as a peace officer  with  the
 division  of  state police. After completing the foregoing, the licensee
 shall remove and retain the attached coupon and enter in the record book
 the  date  of  such  license,  number, if any, and name of the licensing
 officer, in the case of the holder  of  a  license  to  carry  [or]  AND
 possess,  or  the shield or other number, if any, assignment and depart-
 ment, unit or agency, in the case of  an  exempt  person.  The  original
 transaction  report  shall  be forwarded to the division of state police
 within ten days of delivering a firearm to any person, and  a  duplicate
 copy  shall  be kept by the licensee. The superintendent of state police
 may designate that such record shall be  completed  and  transmitted  in
 electronic form. A dealer may be granted a waiver from transmitting such
 records  in  electronic  form if the superintendent determines that such
 dealer is incapable of such transmission due  to  technological  limita-
 tions that are not reasonably within the control of the dealer, or other
 exceptional  circumstances  demonstrated  by  the  dealer, pursuant to a
 process established in regulation, and at the discretion of  the  super-
 intendent.   Records assembled or collected for purposes of inclusion in
 the database created pursuant to section 400.02 of  this  article  shall
 not be subject to disclosure pursuant to article six of the public offi-
 cers  law. 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 special
 duties, or police officer. In the event of cancellation or revocation of
 the license for gunsmith or dealer in  firearms,  or  discontinuance  of
 business  by  a  licensee, such record book shall be immediately surren-
 dered to the licensing officer in the city of New York, and in the coun-
 ties of Nassau and Suffolk, and elsewhere in the state to the  executive
 department, division of state police.
   §  8. Subdivision 14 of section 400.00 of the penal law, as amended by
 chapter 212 of the laws of 2022, is amended to read as follows:
   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]  AND 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  officer
 shall  collect  and pay into the county treasury the following fees: for
 each license to carry [or] AND  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
 S. 1703                             7
 
 uniformed court officer in the unified  court  system,  or  a  qualified
 retired  court clerk in the 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.
   § 9. This act shall take effect immediately and  shall  apply  to  all
 licenses held and issued on and after such date.