S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2417
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 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 criminal procedure law, the family  court  act,  the
   domestic  relations  law, the general business law, the judiciary law,
   the mental hygiene law, the penal law and the surrogate's court proce-
   dure  act,  in  relation  to  limiting  the  application  of   certain
   provisions  of  law  relating  to  firearms  to the counties of Kings,
   Queens, Richmond, New York and Bronx; and to repeal section 400.02  of
   the penal law relating to the statewide license and record database
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
   2-a.  Firearm,  rifle  or shotgun surrender order IN CERTAIN COUNTIES.
 [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK  AND  BRONX,
 UPON  entry  of a verdict of not responsible by reason of mental disease
 or defect, or upon the acceptance of a plea of not responsible by reason
 of mental disease or defect, or upon a finding that the defendant is  an
 incapacitated  person  pursuant  to article seven hundred thirty of this
 chapter, the court shall revoke the defendant's firearm license, if any,
 inquire of the defendant  as  to  the  existence  and  location  of  any
 firearm,  rifle  or  shotgun  owned  or  possessed by such defendant and
 direct the surrender of such  firearm,  rifle  or  shotgun  pursuant  to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision six of section 400.05 of the penal law.
   § 2. Section 380.96 of the criminal procedure law, as added by chapter
 1 of the laws of 2013, is amended to read as follows:
 § 380.96 Obligation  of sentencing court IN CERTAIN COUNTIES pursuant to
            article four hundred of the penal law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06933-02-3
 S. 2417                             2
              

 
   [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
 UPON judgment of conviction of  any  offense  which  would  require  the
 seizure of firearms, shotguns or rifles from an individual so convicted,
 and  the  revocation  of  any license or registration issued pursuant to
 article  four  hundred  of the penal law, the judge pronouncing sentence
 shall demand surrender of any  such  license  or  registration  and  all
 firearms,  shotguns and rifles. The failure to so demand surrender shall
 not effect the validity of  any  revocation  pursuant  to  article  four
 hundred of the penal law.
   § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
 as  amended by chapter 60 of the laws of 2018, the opening paragraphs of
 subdivisions 1, 2 and 3 as amended by chapter 577 of the laws  of  2022,
 paragraphs  (a) and (b) of subdivision 1 as amended by section 8 of part
 M, paragraphs (a) and (b) of subdivision 2 as amended by  section  9  of
 part  M,  and  paragraphs  (a)  and  (b)  of subdivision 3 as amended by
 section 10 of part M of chapter 55 of the laws of 2020, paragraph (c) of
 subdivision 1, paragraph (c)of subdivision 2 and paragraph (c) of subdi-
 vision 3, as amended by chapter 576 of the laws of 2022, are amended  to
 read as follows:
   1.  [Suspension]  MANDATORY  AND  PERMISSIVE  SUSPENSION  of  firearms
 license and ineligibility for such a license  upon  the  issuance  of  a
 temporary  order of protection. Whenever a temporary order of protection
 is issued pursuant to section eight hundred twenty-eight of  this  arti-
 cle,  or IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
 pursuant to article four, five, six, seven or ten of this act the  court
 shall  inquire  of  the  respondent  and, outside of the presence of the
 respondent, the petitioner or, if the petitioner is  not  the  protected
 party,  any  party  protected  by such order, if the court has reason to
 believe that such petitioner or protected party would have actual  know-
 ledge  or  reason  to  know  such  information,  as to the existence and
 location of any firearm, rifle or shotgun  owned  or  possessed  by  the
 respondent and:
   (a) the court shall suspend any such existing license possessed by the
 respondent,  order  the  respondent  ineligible  for such a license, and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed where the court receives information that  gives  the
 court  good  cause  to  believe  that:  (i)  the  respondent has a prior
 conviction of any violent felony offense as defined in section 70.02  of
 the  penal  law;  (ii)  the respondent has previously been found to have
 willfully failed to obey a prior order of protection  and  such  willful
 failure  involved  (A)  the infliction of physical injury, as defined in
 subdivision nine of section 10.00 of the  penal  law,  (B)  the  use  or
 threatened use of a deadly weapon or dangerous instrument as those terms
 are  defined in subdivisions twelve and thirteen of section 10.00 of the
 penal law, or (C) behavior constituting any violent  felony  offense  as
 defined in section 70.02 of the penal law; or (iii) the respondent has a
 prior  conviction for stalking in the first degree as defined in section
 120.60 of the penal law, stalking in the second  degree  as  defined  in
 section 120.55 of the penal law, stalking in the third degree as defined
 in  section  120.50 of the penal law or stalking in the fourth degree as
 defined in section 120.45 of such law;
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 S. 2417                             3
 
 fully  against  the person or persons for whose protection the temporary
 order of  protection  is  issued,  suspend  any  such  existing  license
 possessed  by the respondent, order the respondent ineligible for such a
 license, and order the immediate surrender [pursuant to subparagraph (f)
 of  paragraph one of subdivision a of section 265.20 and subdivision six
 of section 400.05 of the penal law,] of any or all firearms, rifles  and
 shotguns owned or possessed; and
   (c) the court shall where the defendant willfully refuses to surrender
 such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
 this subdivision, or may for other good cause shown, order the immediate
 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
 to an order issued in accordance with article six hundred ninety of  the
 criminal procedure law, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   2.   [Revocation] MANDATORY AND PERMISSIVE REVOCATION or suspension of
 firearms license and ineligibility for such a license upon the  issuance
 of  an  order  of  protection. Whenever an order of protection is issued
 pursuant to section eight hundred forty-one of this part, IN THE  COUNTY
 OF  KINGS,  QUEENS,  RICHMOND, NEW YORK OR BRONX, or pursuant to article
 four, five, six, seven or ten of this act the court shall inquire of the
 respondent and, outside of the presence of the respondent, the petition-
 er or, if the petitioner is not the protected party, any party protected
 by such order, if the court has reason to believe that  such  petitioner
 or  protected  party  would have actual knowledge or reason to know such
 information, as to the existence and location of any firearm,  rifle  or
 shotgun owned or possessed by the respondent and:
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
 owned or possessed where the court finds that the conduct which resulted
 in  the  issuance of the order of protection involved (i) the infliction
 of SERIOUS physical injury, as defined  in  subdivision  [nine]  TEN  of
 section  10.00  of  the  penal  law, (ii) the use or threatened use of a
 deadly weapon or dangerous instrument as  those  terms  are  defined  in
 subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
 (iii) behavior constituting any violent felony  offense  as  defined  in
 section 70.02 of the penal law;
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall, where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully  against  the  person or persons for whose protection the order of
 protection is issued, (i) revoke any such existing license possessed  by
 the  respondent,  order the respondent ineligible for such a license and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed or (ii) suspend  or  continue  to  suspend  any  such
 existing license possessed by the respondent, order the respondent inel-
 igible for such a license, and order the immediate surrender pursuant to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision  six  of  section  400.05  of  the  penal law, of any or all
 firearms, rifles and shotguns owned or possessed; and
 S. 2417                             4
 
   (c) the court shall where the defendant willfully refuses to surrender
 such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
 this subdivision, or may for other good cause shown, order the immediate
 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
 to  an order issued in accordance with article six hundred ninety of the
 criminal procedure law, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   3.  [Revocation] MANDATORY AND PERMISSIVE REVOCATION or suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection or, IN  THE  COUNTY  OF
 KINGS,   QUEENS,  RICHMOND,  NEW  YORK  OR  BRONX,  temporary  order  of
 protection.  Whenever a respondent has been found, pursuant  to  section
 eight  hundred forty-six-a of this part to have willfully failed to obey
 an order of protection or temporary order of protection issued  pursuant
 to  this  act  or  the  domestic relations law, or by this court or by a
 court of competent jurisdiction in another state, territorial or  tribal
 jurisdiction,  in  addition  to any other remedies available pursuant to
 section eight hundred forty-six-a of this part the court  shall  inquire
 of the respondent and, outside the presence of the respondent, the peti-
 tioner  or,  if  the  petitioner  is  not the protected party, any party
 protected by such order, if the court has reason to  believe  that  such
 petitioner  or  protected party would have actual knowledge or reason to
 know such information, as to the existence and location of any  firearm,
 rifle or shotgun owned or possessed by the respondent and:
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender[ pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
 owned or possessed where the willful failure to obey such order involves
 (i) the infliction of SERIOUS physical injury, as defined in subdivision
 [nine] TEN of section 10.00 of the penal law, (ii) the use or threatened
 use  of  a  deadly  weapon  or  dangerous  instrument as those terms are
 defined in subdivisions twelve and thirteen  of  section  10.00  of  the
 penal  law, or (iii) behavior constituting any violent felony offense as
 defined in section 70.02 of the penal law; or (iv) behavior constituting
 stalking in the first degree as defined in section 120.60 of  the  penal
 law,  stalking  in the second degree as defined in section 120.55 of the
 penal law, stalking in the third degree as defined in section 120.50  of
 the  penal  law  or  stalking in the fourth degree as defined in section
 120.45 of such law;
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully  against  the  person or persons for whose protection the order of
 protection was issued, (i) revoke any such existing license possessed by
 the respondent, order the respondent  ineligible  for  such  a  license,
 whether  or  not  the respondent possesses such a license, and order the
 immediate surrender [pursuant to subparagraph (f) of  paragraph  one  of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the  penal  law,]  of  any or all firearms, rifles and shotguns owned or
 possessed or (ii) suspend any such existing  license  possessed  by  the
 respondent,  order  the  respondent  ineligible  for such a license, and
 order the immediate surrender of any or all firearms, rifles  and  shot-
 guns owned or possessed; and
 S. 2417                             5
 
   (c) the court shall where the defendant willfully refuses to surrender
 such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
 this subdivision, or may for other good cause shown, order the immediate
 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
 to  an order issued in accordance with article six hundred ninety of the
 criminal procedure law, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   § 4. Section 846-a of the family court act, as amended by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 846-a. Powers on failure to obey order. If a respondent  is  brought
 before  the court for failure to obey any lawful order issued under this
 article or an order of protection or, IN THE COUNTY  OF  KINGS,  QUEENS,
 RICHMOND,  NEW  YORK  OR  BRONX,  temporary  order  of protection issued
 [pursuant to this act or issued] by a court of competent jurisdiction of
 another state, territorial or tribal jurisdiction and if, after hearing,
 the court is satisfied by competent proof that the respondent has  will-
 fully  failed  to  obey any such order, the court may modify an existing
 order or, IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK  OR  BRONX,
 temporary  order  of protection to add reasonable conditions of behavior
 to the existing order, make a new order of protection in accordance with
 section eight hundred forty-two of this part, may order  the  forfeiture
 of  bail  in  a manner consistent with article five hundred forty of the
 criminal procedure law if bail has been ordered pursuant  to  this  act,
 may  order  the respondent to pay the petitioner's reasonable and neces-
 sary counsel fees in connection with the violation  petition  where  the
 court  finds that the violation of its order was willful, and may commit
 the respondent to jail for a term not to exceed six months. Such commit-
 ment may be served upon certain specified days or parts of days  as  the
 court may direct, and the court may, at any time within the term of such
 sentence,  revoke  such  suspension  and  commit  the respondent for the
 remainder of the original sentence, or suspend  the  remainder  of  such
 sentence.  If the court determines that the willful failure to obey such
 order involves violent behavior constituting  the  crimes  of  menacing,
 reckless  endangerment,  assault  or  attempted  assault  and  if such a
 respondent is licensed to carry, possess, repair and dispose of firearms
 pursuant to section 400.00 of the penal law, the court  may  also  imme-
 diately  revoke such license and may arrange for the immediate surrender
 [pursuant to subparagraph (f) of  paragraph  one  of  subdivision  a  of
 section  265.20 and subdivision six of section 400.05 of the penal law,]
 and disposal of any firearm such respondent owns or  possesses.  If  the
 willful  failure  to  obey such order involves the infliction of SERIOUS
 physical injury as defined in subdivision [nine] TEN of section 10.00 of
 the penal law or the use or threatened use of a deadly weapon or danger-
 ous instrument, as those terms are defined in  subdivisions  twelve  and
 thirteen  of section 10.00 of the penal law, such revocation and immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion a of section 265.20 and subdivision six of section  400.05  of  the
 penal  law  six]  and  disposal  of  any  firearm  owned or possessed by
 respondent shall be mandatory, pursuant to subdivision eleven of section
 400.00 of the penal law.
   § 5. Section 446-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:
   §  446-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN COUNTIES.   [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 S. 2417                             6
 
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 6. Section 552 of the family court act, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
   § 552. Firearms; surrender  and  license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  7.  Section 656-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 656-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  8.  Section 780-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 780-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  9. Section 1056-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 1056-a. Firearms; surrender and license suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order,  the  court  shall make an order in accordance with section eight
 hundred forty-two-a of this act.
   § 10. Paragraph h of subdivision 3 of  section  240  of  the  domestic
 relations  law,  as amended by chapter 1 of the laws of 2013, is amended
 to read as follows:
   h. Upon issuance of an order  of  protection  or  temporary  order  of
 protection  or upon a violation of such order, the court MAY AND, IN THE
 COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,  shall  make  a
 determination  regarding  the  suspension and revocation of a license to
 carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
 ity  for such a license and the surrender of firearms in accordance with
 S. 2417                             7
 
 sections eight hundred forty-two-a and eight hundred forty-six-a of  the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant  to  this section or upon a finding of a violation thereof, the
 court  also may direct payment of restitution in an amount not to exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred forty-one of such act; provided, however, that in no case  shall
 an  order  of  restitution be issued where the court determines that the
 party against whom the order would be issued has already compensated the
 injured party or where such compensation  is  incorporated  in  a  final
 judgment or settlement of the action.
   §  11.  Subdivision 9 of section 252 of the domestic relations law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   9. Upon issuance of an order  of  protection  or  temporary  order  of
 protection  or upon a violation of such order, the court MAY AND, IN THE
 COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,  shall  make  a
 determination  regarding  the  suspension and revocation of a license to
 carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
 ity  for such a license and the surrender of firearms in accordance with
 sections eight hundred forty-two-a and eight hundred forty-six-a of  the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant  to  this section or upon a finding of a violation thereof, the
 court also may direct payment of restitution in an amount not to  exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred  forty-one of such act; provided, however, that in no case shall
 an order of restitution be issued where the court  determines  that  the
 party against whom the order would be issued has already compensated the
 injured  party  or  where  such  compensation is incorporated in a final
 judgment or settlement of the action.
   § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
 section  530.14  of the criminal procedure law, the opening paragraph as
 amended by chapter 577 of the laws of 2022 and paragraph (b) as  amended
 by section 3 of part M of chapter 55 of the laws of 2020, are amended to
 read as follows:
   [Suspension]  MANDATORY  AND PERMISSIVE SUSPENSION of firearms license
 and ineligibility for such a license upon issuance of temporary order of
 protection. Whenever a temporary order of protection is issued  pursuant
 to  subdivision  one  of  section  530.12  or subdivision one of section
 530.13 of this article the court shall inquire of the defendant and  the
 prosecutor  as  to  the  existence and location of any firearm, rifle or
 shotgun reasonably believed to be owned or possessed by  the  defendant,
 and  the prosecutor will make reasonable efforts to obtain such informa-
 tion regarding the same and present it to the court and:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully against the person or persons for whose protection  the  temporary
 order  of  protection  is  issued,  suspend  any  such  existing license
 possessed by the defendant, order the defendant ineligible  for  such  a
 license  and order the immediate surrender [pursuant to subparagraph (f)
 of paragraph one of subdivision a of section 265.20 and subdivision  six
 of  section 400.05 of the penal law,] of any or all firearms, rifles and
 shotguns owned or possessed; and
   § 13. The opening paragraph and paragraph  (b)  of  subdivision  2  of
 section  530.14  of the criminal procedure law, the opening paragraph as
 amended by chapter 577 of the laws of 2022 and paragraph (b) as  amended
 S. 2417                             8
 
 by section 4 of part M of chapter 55 of the laws of 2020, are amended to
 read as follows:
   [Revocation]  MANDATORY   AND  PERMISSIVE  REVOCATION or suspension of
 firearms license and ineligibility for such a license upon  issuance  of
 an order of protection. Whenever an order of protection is issued pursu-
 ant to subdivision five of section 530.12 or subdivision four of section
 530.13  of this article the court shall inquire of the defendant and the
 prosecutor as to the existence and location of  any  firearm,  rifle  or
 shotgun  reasonably  believed to be owned or possessed by the defendant,
 and the prosecutor will make reasonable efforts to obtain such  informa-
 tion regarding the same and present it to the court and:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
 fully  against  the  person or persons for whose protection the order of
 protection is issued, (i) revoke any such existing license possessed  by
 the  defendant,  order  the  defendant ineligible for such a license and
 order the immediate surrender of any or all firearms, rifles  and  shot-
 guns  owned or possessed or (ii) suspend or continue to suspend any such
 existing license possessed by the defendant, order the defendant  ineli-
 gible  for such a license and order the immediate surrender [pursuant to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision six of section 400.05 of the  penal  law,]  of  any  or  all
 firearms, rifles and shotguns owned or possessed; and
   §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
 section 530.14 of the criminal procedure law, the opening  paragraph  as
 amended  by chapter 577 of the laws of 2022 and paragraph (b) as amended
 by section 5 of part M of chapter 55 of the laws of 2020, are amended to
 read as follows:
   [Revocation] MANDATORY AND  PERMISSIVE  REVOCATION  or  suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection. Whenever  a  defendant
 has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
 subdivision eight of section 530.13 of this article  to  have  willfully
 failed  to  obey  an  order of protection issued by a court of competent
 jurisdiction in this state  or  another  state,  territorial  or  tribal
 jurisdiction,  in  addition  to any other remedies available pursuant to
 subdivision eleven of section 530.12 or  subdivision  eight  of  section
 530.13  of this article the court shall inquire of the defendant and the
 prosecutor as to the existence and location of  any  firearm,  rifle  or
 shotgun  reasonably  believed to be owned or possessed by the defendant,
 and the prosecutor will make reasonable efforts to obtain such  informa-
 tion regarding the same and present it to the court and:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
 fully  against  the  person or persons for whose protection the order of
 protection was issued, (i) revoke any such existing license possessed by
 the defendant, order the defendant ineligible for  such  a  license  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
 owned  or  possessed or (ii) suspend any such existing license possessed
 by the defendant, order the defendant ineligible for such a license  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 S. 2417                             9

 400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
 owned or possessed; and
   §  15.  The  article heading of article 39-DDD of the general business
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
         PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
                            IN CERTAIN COUNTIES
   §  16.  Subdivision  1  of section 898 of the general business law, as
 amended by chapter 129 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1. In addition to any other requirements pursuant to state and federal
 law,  all sales, exchanges or disposals of firearms, rifles or shotguns,
 IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, shall be
 conducted in accordance with this section unless such sale, exchange  or
 disposal  is  conducted by a licensed importer, licensed manufacturer or
 licensed dealer, as those terms are defined in 18 USC § 922,  when  such
 sale, exchange or disposal is conducted pursuant to that person's feder-
 al  firearms  license  or  such  sale,  exchange  or disposal is between
 members of an immediate family. When a sale,  exchange  or  disposal  is
 conducted pursuant to a person's federal firearms license, before deliv-
 ering a firearm, rifle or shotgun to any person, either (a) the National
 Instant  Criminal  Background  Check  System (NICS) or its successor has
 issued a "proceed" response to the federal  firearms  licensee,  or  (b)
 thirty  calendar  days  shall  have  elapsed  since the date the federal
 firearms licensee contacted NICS to initiate a national instant criminal
 background check and NICS has not notified the federal firearms licensee
 that the transfer of the firearm, rifle or shotgun to such person should
 be denied. For purposes of this section, "immediate family"  shall  mean
 spouses, domestic partners, children and step-children.
   §  17.  Paragraph (q) of subdivision 2 of section 212 of the judiciary
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (q)  Adopt  rules  to  require  transmission,  to the criminal justice
 information services division of the federal bureau of investigation  or
 to  the  division  of  criminal  justice services, of the name and other
 identifying information of each person who has a guardian appointed  for
 him  or  her pursuant to any provision of state law, based on a determi-
 nation that  as  a  result  of  marked  subnormal  intelligence,  mental
 illness,  incapacity,  condition  or disease, he or she lacks the mental
 capacity to contract or manage his or her own affairs. Any such records,
 RELATING TO PERSONS RESIDING IN THE COUNTY OF KINGS,  QUEENS,  RICHMOND,
 NEW  YORK OR BRONX, transmitted directly to the federal bureau of inves-
 tigation must also be transmitted to the division  of  criminal  justice
 services[,  and any records received by the division of criminal justice
 services pursuant to this paragraph may be checked against the statewide
 license and record database].
   § 18. Subdivision (j) of section 7.09 of the mental  hygiene  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (j)  (1)  The commissioner, in cooperation with other applicable state
 agencies, shall collect, retain or modify data  or  records,  and  shall
 transmit  such  data or records: (i) to the division of criminal justice
 services, or to the criminal justice information  services  division  of
 the  federal  bureau of investigation, for the purposes of responding to
 queries to the national instant criminal background check system regard-
 ing attempts to purchase or otherwise take possession  of  firearms,  as
 defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
 S. 2417                            10
 
 or regulations, or (ii) FOR PERSONS RESIDING IN  THE  COUNTY  OF  KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, to the division of criminal justice
 services, which may re-disclose such data and records only for determin-
 ing whether a license issued pursuant to section 400.00 of the penal law
 should be denied, suspended or revoked, under subdivision eleven of such
 section,  or  for  determining  whether  a person is no longer permitted
 under federal or state law to possess a firearm. Such records, which may
 not be used for any other purpose, shall include only  names  and  other
 non-clinical  identifying  information of persons who have been involun-
 tarily committed to a hospital pursuant to article nine of this chapter,
 [or section four hundred two or subdivision two of section five  hundred
 eight of the correction law,] or article seven hundred thirty or section
 330.20  of  the criminal procedure law or sections 322.2 or 353.4 of the
 family court act, or to a secure treatment facility pursuant to  article
 ten of this chapter.
   (2)  The  commissioner  shall  establish  within  the office of mental
 health an administrative process to permit a person who has been or  may
 be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
 922(4)(d) or who has been or may be disqualified from continuing to have
 a license to carry, possess, repair,  or  dispose  of  a  firearm  under
 section  400.00 of the penal law because such person, WHO RESIDES IN THE
 COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, was  involuntarily
 committed  or  civilly  confined to a facility under the jurisdiction of
 the commissioner, to petition for relief from that disability where such
 person's record and reputation are such that such  person  will  not  be
 likely  to  act  in  a  manner  dangerous to public safety and where the
 granting of the relief would not  be  contrary  to  public  safety.  The
 commissioner  shall  promulgate regulations to establish the relief from
 disabilities program, which  shall  include,  but  not  be  limited  to,
 provisions  providing  for: (i) an opportunity for a disqualified person
 to petition for relief in writing; (ii) the authority for the agency  to
 require  that  the  petitioner  undergo  a  clinical evaluation and risk
 assessment; and (iii) a requirement that the agency issue a decision  in
 writing  explaining  the  reasons  for  a denial or grant of relief. The
 denial of a petition for relief from disabilities  may  be  reviewed  de
 novo  pursuant  to  the  proceedings  under article seventy-eight of the
 civil practice law and rules.
   § 19. Subdivision (b) of section 9.46 of the mental  hygiene  law,  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
 health professional currently providing treatment services to a  person,
 WHO RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 determines,  in  the  exercise of reasonable professional judgment, that
 such person is likely to engage in conduct that would result in  serious
 harm  to  self or others, he or she shall be required to report, as soon
 as practicable, to the director of community services, or the director's
 designee, who shall report to the division of criminal justice  services
 whenever  he  or  she agrees that the person is likely to engage in such
 conduct. Information transmitted to the  division  of  criminal  justice
 services  shall  be  limited to names and other non-clinical identifying
 information, which may only be used for determining  whether  a  license
 issued  pursuant  to section 400.00 of the penal law should be suspended
 or revoked, or for determining whether a  person  is  ineligible  for  a
 license  issued  pursuant  to  section 400.00 of the penal law, or is no
 longer permitted under state or federal law to possess a firearm.
 S. 2417                            11
 
   § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, paragraph (h) as amended by  chapter  209
 of the laws of 2022, is amended to read as follows:
   22. "Assault weapon" means
   (a) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION,  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE  ACTION  OF
 THE WEAPON;
   (C) A BAYONET MOUNT;
   (D)  A  FLASH  SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
 FLASH SUPPRESSOR;
   (E) A GRENADE LAUNCHER; OR
   (II) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO  OF  THE  FOLLOWING
 CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
 THE WEAPON;
   (C) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   (D) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   (III) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHA-
 BLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A)  AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
 PISTOL GRIP;
   (B) A THREADED BARREL CAPABLE OF ACCEPTING A  BARREL  EXTENDER,  FLASH
 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   (C)  A  SHROUD  THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE  FIREARM  WITH
 THE NONTRIGGER HAND WITHOUT BEING BURNED;
   (D)  A  MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
 UNLOADED;
   (E) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
 OR
   (IV) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR  RECEIVERS  OF  SUCH
 WEAPONS,  OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
 AS:
   (A) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
 MODELS);
   (B) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
   (C) BERETTA AR70 (SC-70);
   (D) COLT AR-15;
   (E) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
   (F) SWD M-10, M-11, M-11/9, AND M-12;
   (G) STEYR AUG;
   (H) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   (I) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR  TO)  THE  STREET
 SWEEPER AND STRIKER 12;
   (V) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: (A) ANY RIFLE,
 SHOTGUN  OR PISTOL THAT (I) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR
 SLIDE ACTION; (II) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (III) IS
 AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);
   (B) A SEMIAUTOMATIC RIFLE THAT CANNOT  ACCEPT  A  DETACHABLE  MAGAZINE
 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
   (C)  A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS OF
 AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
 S. 2417                            12
 
   (D) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A  DUPLICATE  THEREOF,
 SPECIFIED  IN  APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE.  THE  MERE
 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
 PISTOL OR ANY OF THE WEAPONS DEFINED IN SUBPARAGRAPH (IV)  OF  PARAGRAPH
 (B)  OF  THIS  SUBDIVISION  LAWFULLY  POSSESSED PRIOR TO SEPTEMBER FOUR-
 TEENTH, NINETEEN HUNDRED NINETY-FOUR; AND
   (B) (I) IN THE COUNTIES OF  KINGS,  QUEENS,  RICHMOND,  NEW  YORK  AND
 BRONX,  a semiautomatic rifle that has an ability to accept a detachable
 magazine and has at least one of the following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a pistol grip  that  protrudes  conspicuously  beneath  the
 action of the weapon;
   [(iii)] (C) a thumbhole stock;
   [(iv)]  (D) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(v)] (E) a bayonet mount;
   [(vi)] (F) a flash suppressor, muzzle break,  muzzle  compensator,  or
 threaded  barrel  designed  to  accommodate  a  flash suppressor, muzzle
 break, or muzzle compensator;
   [(vii)] (G) a grenade launcher; or
   [(b)] (II) a semiautomatic shotgun  that  has  at  least  one  of  the
 following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
   [(v)] (E) an ability to accept a detachable magazine; or
   [(c)]  (III)  a  semiautomatic  pistol that has an ability to accept a
 detachable magazine and has at least one  of  the  following  character-
 istics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)]  (D) capacity to accept an ammunition magazine that attaches to
 the pistol outside of the pistol grip;
   [(v)] (E) a threaded barrel capable of accepting  a  barrel  extender,
 flash suppressor, forward handgrip, or silencer;
   [(vi)]  (F)  a  shroud that is attached to, or partially or completely
 encircles, the barrel and that permits the shooter to hold  the  firearm
 with the non-trigger hand without being burned;
   [(vii)]  (G)  a  manufactured  weight of fifty ounces or more when the
 pistol is unloaded; or
   [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
 firearm;
   [(d)] (IV) a revolving cylinder shotgun;
   [(e)] (V) a semiautomatic rifle, a semiautomatic shotgun or a  semiau-
 tomatic pistol or weapon defined in FORMER subparagraph (v) of paragraph
 (e) of subdivision twenty-two of section 265.00 of this chapter as added
 by  chapter  one  hundred  eighty-nine  of  the laws of two thousand and
 otherwise lawfully possessed pursuant to such chapter of the laws of two
 thousand prior to September fourteenth, nineteen hundred ninety-four;
 S. 2417                            13
 
   [(f)] (VI) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
 tomatic pistol or weapon defined in THIS paragraph  OR  PARAGRAPH  (a)[,
 (b)  or  (c)] of this subdivision, possessed prior to the date of enact-
 ment of [the] chapter ONE of the laws of  two  thousand  thirteen  which
 added this paragraph;
   [(g)] (VII) provided, however, that such term does not include:
   [(i)]  (A)  any  rifle,  shotgun  or pistol that [(A)] (I) is manually
 operated by bolt, pump, lever or  slide  action;  [(B)]  (II)  has  been
 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
 defined in 18 U.S.C.  921(a)(16);
   [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
 zine that holds more than five rounds of ammunition;
   [(iii)]  (C)  a  semiautomatic shotgun that cannot hold more than five
 rounds of ammunition in a fixed or detachable magazine; or
   [(iv)] (D) a rifle, shotgun or pistol, or a  replica  or  a  duplicate
 thereof,  specified  in  Appendix  A to 18 U.S.C. 922 as such weapon was
 manufactured on October first, nineteen hundred ninety-three.  The  mere
 fact that a weapon is not listed in Appendix A shall not be construed to
 mean that such weapon is an assault weapon;
   [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
 sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
 subject to the provisions of [paragraph (h)] SUBPARAGRAPH (VIII) of this
 [subdivision] PARAGRAPH;
   [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
 least fifty years prior to the current date, but not including  replicas
 thereof  that is validly registered pursuant to subdivision sixteen-a of
 section 400.00 of this chapter;
   [(h)] (VIII) Any weapon defined in  [paragraph  (e)  or  (f)  of  this
 subdivision] SUBPARAGRAPH (V) OR (VI) OF THIS PARAGRAPH may only be sold
 to,  exchanged  with or disposed of to a purchaser authorized to possess
 such weapons or to an individual or entity outside of the state provided
 that any such transfer to an individual or entity outside of  the  state
 must  be  reported to the entity wherein the weapon is registered within
 seventy-two hours of such transfer. An individual who transfers any such
 weapon to an individual inside New York state or without complying  with
 the  provisions of this paragraph shall be guilty of a class A misdemea-
 nor.
   § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
 chapter 209 of the laws of 2022, is amended to read as follows:
   23. "Large capacity ammunition feeding device" means a magazine, belt,
 drum, feed strip, or similar device, that has a capacity of, or that can
 be readily restored or converted to accept,  more  than  ten  rounds  of
 ammunition;  provided,  however,  that  such  term  does  not include an
 attached tubular device designed to accept,  and  capable  of  operating
 only with, .22 caliber rimfire ammunition [or a feeding device that is a
 curio  or relic. A feeding device that is a curio or relic is defined as
 a device that (i) was manufactured at least fifty  years  prior  to  the
 current  date,  (ii)  is  only  capable  of  being used exclusively in a
 firearm, rifle, or shotgun that was manufactured at  least  fifty  years
 prior  to the current date, but not including replicas thereof, (iii) is
 possessed by an individual who is not prohibited by state or federal law
 from possessing a firearm and (iv) is registered with  the  division  of
 state police pursuant to subdivision sixteen-a of section 400.00 of this
 chapter,  except  such feeding devices transferred into the state may be
 registered at any time, provided they are registered within thirty  days
 of  their  transfer  into  the  state.  Notwithstanding paragraph (h) of
 S. 2417                            14

 subdivision twenty-two of this section,  such  feeding  devices  may  be
 transferred  provided  that  such  transfer  shall  be  subject  to  the
 provisions of  section  400.03  of  this  chapter  including  the  check
 required to be conducted pursuant to such section].
   §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   24. "Seller of ammunition" means any person, firm, partnership, corpo-
 ration or company who engages in the business of purchasing, selling  or
 keeping ammunition IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR
 BRONX.
   §  23.  The opening paragraph of section 265.01-b of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   A person is guilty of criminal possession of a firearm when he or she,
 BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR
 BRONX:    (1) possesses any firearm or; (2) lawfully possesses a firearm
 prior to the effective date of [the] chapter ONE  of  the  laws  of  two
 thousand  thirteen  which added this section subject to the registration
 requirements of subdivision sixteen-a of section 400.00 of this  chapter
 and  knowingly  fails to register such firearm pursuant to such subdivi-
 sion.
   § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20  of  the
 penal  law, paragraph 3 as amended and paragraph 7-f as added by chapter
 1 of the laws of 2013, are amended to read as follows:
   3. Possession of a pistol or revolver by a person to  whom  a  license
 therefor  has  been issued as provided under section 400.00 or 400.01 of
 this chapter or possession, IN THE COUNTY OF  KINGS,  QUEENS,  RICHMOND,
 NEW YORK OR BRONX, of a weapon as defined in SUBPARAGRAPH (V) OR (VI) OF
 paragraph  [(e)  or (f)] (B) of subdivision twenty-two of section 265.00
 of this article which is registered pursuant to paragraph (a) of  subdi-
 vision  sixteen-a of section 400.00 of this chapter or is included on an
 amended license issued pursuant to section 400.00 of  this  chapter.  In
 the  event  such license is revoked, other than because such licensee is
 no longer permitted to possess a firearm, rifle or shotgun under federal
 or state law, information sufficient  to  satisfy  the  requirements  of
 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
 mitted  by  the  licensing officer to the DIVISION OF state police, in a
 form as determined by the superintendent of state  police.  Such  trans-
 mission  shall  constitute  a  valid  registration  under  such section.
 Further provided, notwithstanding any other section  of  this  title,  a
 failure  to  register  such  weapon  by  an individual, IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, who  possesses  such  weapon
 before  the  enactment  of [the] chapter ONE of the laws of two thousand
 thirteen which amended this paragraph and may  so  lawfully  possess  it
 thereafter upon registration, shall only be subject to punishment pursu-
 ant  to paragraph (c) of subdivision sixteen-a of section 400.00 of this
 chapter; provided,  that  such  a  license  or  registration  shall  not
 preclude  a  conviction  for the offense defined in subdivision three of
 section 265.01 of this article or section 265.01-a of this article.
   7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
 device,  IN  THE  COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 that contains more than seven rounds of ammunition, but  that  does  not
 have  a  capacity  of  or can readily be restored or converted to accept
 more than ten rounds of ammunition, at an indoor or outdoor firing range
 located in or on premises owned  or  occupied  by  a  duly  incorporated
 organization organized for conservation purposes or to foster proficien-
 cy  in  arms;  at  an  indoor or outdoor firing range for the purpose of
 S. 2417                            15
 
 firing a rifle or shotgun; at a collegiate, olympic or  target  shooting
 competition  under  the  auspices  of  or approved by the national rifle
 association; or at an organized match sanctioned  by  the  International
 Handgun Metallic Silhouette Association.
   §  25.  The  opening  paragraph of section 265.37 of the penal law, as
 amended by section 2 of part FF of chapter 57 of the laws  of  2013,  is
 amended to read as follows:
   It  shall be unlawful for a person to knowingly possess, IN THE COUNTY
 OF KINGS, QUEENS, RICHMOND, NEW YORK OR  BRONX,  an  ammunition  feeding
 device where such device contains more than seven rounds of ammunition.
   §  26. Subdivision 1 of section 265.45 of the penal law, as amended by
 chapter 371 of the laws of 2022, is amended to read as follows:
   1. No person, RESIDING IN THE COUNTY OF KINGS, QUEENS,  RICHMOND,  NEW
 YORK  OR  BRONX, who owns or is custodian of a rifle, shotgun or firearm
 who resides with an individual who: (i) is under eighteen years of  age;
 (ii) such person knows or has reason to know is prohibited from possess-
 ing 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 felo-
 ny 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.
   §  27. Subdivision 1 of section 400.00 of the penal law, as separately
 amended by chapters 371 and 669 of the laws of 2022, is amended to  read
 as follows:
   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
 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, BEING A RESIDENT OF THE COUNTY  OF
 KINGS,  QUEENS,  RICHMOND, NEW YORK OR BRONX, has not been involuntarily
 committed to a facility under the  jurisdiction  of  an  office  of  the
 department  of mental hygiene pursuant to article nine or fifteen of the
 S. 2417                            16
 
 mental hygiene law, article seven hundred thirty or  section  330.20  of
 the  criminal  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 civil-
 ly  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
 pursuant  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 crimi-
 nal 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  certif-
 icate  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; (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 subdi-
 vision 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  para-
 graph  who  shall  be  required  to complete the training required under
 subdivision nineteen of this section for such license; (m) who, BEING  A
 RESIDENT  OF  THE  COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 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
 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
 S. 2417                            17
 
 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.
   § 28. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
 law,  subdivisions 4, 10 and 11 as amended by chapter 371 of the laws of
 2022, subdivision 5 as amended by chapter 1 of the laws of 2013, subpar-
 agraph (iii) of paragraph (e) of subdivision 5 as amended by chapter 244
 of the laws of 2019, and subdivision 12 as amended by chapter 207 of the
 laws of 2022, are amended to read as follows:
   4. Investigation. Before a license is issued or renewed,  there  shall
 be an investigation of all statements required in the application by the
 duly  constituted police authorities of the locality where such applica-
 tion is made[, including but not limited  to  such  records  as  may  be
 accessible  to  the  division  of  state  police or division of criminal
 justice services pursuant to section 400.02 of this article].  For  that
 purpose,  the  records  of  the  appropriate office of the department of
 mental hygiene concerning previous or  present  mental  illness  of  the
 applicant shall be available for inspection by the investigating officer
 of  the  police authority. Where the applicant is domiciled in a foreign
 state, the investigation shall include inquiry of the foreign state  for
 records  concerning the previous or present mental illness of the appli-
 cant, and, to the extent necessary for inspection by  the  investigating
 officer, the applicant shall execute a waiver of confidentiality of such
 record in such form as may be required by the foreign state. In order to
 ascertain  any previous criminal record, the investigating officer shall
 take the fingerprints and physical descriptive data in quadruplicate  of
 each  individual  by  whom  the  application is signed and verified. Two
 copies of such fingerprints shall be taken on standard fingerprint cards
 eight inches square, and one copy may be taken on a  card  supplied  for
 that  purpose by the federal bureau of investigation; provided, however,
 that in the case of a corporate applicant that has already been issued a
 dealer in firearms license and seeks to operate a firearm dealership  at
 a  second  or subsequent location, the original fingerprints on file may
 be used to ascertain any criminal record in  the  second  or  subsequent
 application  unless any of the corporate officers have changed since the
 prior application, in which case the new corporate officer shall  comply
 with  procedures governing an initial application for such license. When
 completed, one standard card shall be forwarded to and retained  by  the
 division  of  criminal  justice services in the executive department, at
 Albany. A search of the files of such division and written  notification
 of  the  results  of  the search shall be forwarded to the investigating
 officer and shall be made without unnecessary  delay.  Thereafter,  such
 division  shall  notify  the licensing officer and the executive depart-
 ment, division of state police, Albany, of any criminal  record  of  the
 applicant  filed therein subsequent to the search of its files. A second
 standard card, or the one supplied by the  federal  bureau  of  investi-
 gation,  as  the case may be, shall be forwarded to that bureau at Wash-
 ington with a request that the files  of  the  bureau  be  searched  and
 notification  of  the results of the search be made to the investigating
 police authority. Of the remaining two fingerprint cards, one  shall  be
 filed  with  the executive department, division of state police, Albany,
 S. 2417                            18
 
 within ten days after issuance of  the  license,  and  the  other  shall
 remain  on file with the investigating police authority. No such finger-
 prints may be inspected by any person other than a peace officer, who is
 acting  pursuant  to  his  or  her  special duties, or a police officer,
 except on order of a judge or justice of a court of record  either  upon
 notice  to  the  licensee or without notice, as the judge or justice may
 deem appropriate. Upon  completion  of  the  investigation,  the  police
 authority  shall  report  the  results  to the licensing officer without
 unnecessary delay.
   5. Filing of  approved  applications.  (a)  The  application  for  any
 license,  if  granted,  shall be filed by the licensing officer with the
 clerk of the county of issuance, except that in the  city  of  New  York
 and,  in the counties of Nassau and Suffolk, the licensing officer shall
 designate the place of filing in the  appropriate  division,  bureau  or
 unit  of the police department thereof, and in the county of Suffolk the
 county clerk is hereby authorized to transfer all  records  or  applica-
 tions  relating  to  firearms to the licensing authority of that county.
 Except as provided in paragraphs (b) through [(f)] (E) of this  subdivi-
 sion,  the name and address of any person to whom an application for any
 license has been granted shall be a public record. Upon application by a
 licensee who has changed his place of residence such records or applica-
 tions shall be transferred to the appropriate officer at the  licensee's
 new  place  of  residence. A duplicate copy of such application shall be
 filed by the licensing officer in the executive department, division  of
 state police, Albany, within ten days after issuance of the license. The
 superintendent of state police may designate that such application shall
 be  transmitted  to  the division of state police electronically. In the
 event the superintendent of the division of state police determines that
 it lacks any of the records required to be filed with the  division,  it
 may  request  that  such  records  be  provided to it by the appropriate
 clerk, department or authority and such clerk, department  or  authority
 shall  provide  the division with such records. In the event such clerk,
 department or authority lacks such records, the division may request the
 license holder provide information sufficient to constitute such  record
 and  such  license  holder shall provide the division with such informa-
 tion. Such information shall be limited to the  license  holder's  name,
 date of birth, gender, race, residential address, social security number
 and  firearms possessed by said license holder. Nothing in this subdivi-
 sion shall be construed to change the expiration date or  term  of  such
 licenses  if  otherwise  provided  for  in  law.  [Records  assembled or
 collected for purposes of inclusion in the database established by  this
 section  shall  be released pursuant to a court order. Records assembled
 or collected for purposes of inclusion in the database created  pursuant
 to  section  400.02  of  this chapter shall not be subject to disclosure
 pursuant to article six of the public officers law.]
   (b) Each application for a license pursuant to paragraph (a)  of  this
 subdivision  shall  include,  on a separate written form prepared by the
 division of state police within thirty days of  the  effective  date  of
 [the]  chapter  ONE  of the laws of two thousand thirteen, which amended
 this section, and provided to the applicant at the same time and in  the
 same  manner  as  the  application for a license, an opportunity for the
 applicant to request an exception from his or her  application  informa-
 tion  becoming  public record pursuant to paragraph (a) of this subdivi-
 sion. Such forms, which shall also be made available to individuals  who
 had applied for or been granted a license prior to the effective date of
 [the]  chapter  ONE  of  the laws of two thousand thirteen which amended
 S. 2417                            19
 
 this section, shall notify  applicants  that,  upon  discovery  that  an
 applicant  knowingly  provided  false information, such applicant may be
 subject to penalties pursuant to section 175.30  of  this  chapter,  and
 further,  that  his  or  her  request for an exception shall be null and
 void, provided that written  notice  containing  such  determination  is
 provided to the applicant. Further, such forms shall provide each appli-
 cant  an  opportunity to specify the grounds on which he or she believes
 his or her application information should  not  be  publicly  disclosed.
 These  grounds,  which shall be identified on the application with a box
 beside each for checking, as applicable, by the applicant, shall  be  as
 follows:
   (i)  the  applicant's  life  or safety may be endangered by disclosure
 because:
   (A) the applicant is an active or retired police officer, peace  offi-
 cer, probation officer, parole officer, or corrections officer;
   (B)  the applicant is a protected person under a currently valid order
 of protection;
   (C) the applicant is or was a witness in a criminal proceeding involv-
 ing a criminal charge;
   (D) the applicant is participating or  previously  participated  as  a
 juror  in  a criminal proceeding, or is or was a member of a grand jury;
 or
   (E) the applicant is a spouse, domestic partner or household member of
 a person identified in this subparagraph or subparagraph  (ii)  of  this
 paragraph,  specifying  which  subparagraph or subparagraphs and clauses
 apply.
   (ii) the applicant has reason to believe his or her life or safety may
 be endangered by disclosure due to reasons stated by the applicant.
   (iii) the applicant has reason to believe he or she may be subject  to
 unwarranted harassment upon disclosure of such information.
   (c)  [Each form provided for recertification pursuant to paragraph (b)
 of subdivision ten of this section shall include an opportunity for  the
 applicant  to request an exception from the information provided on such
 form becoming public record pursuant to paragraph (a) of  this  subdivi-
 sion.  Such  forms  shall notify applicants that, upon discovery that an
 applicant knowingly provided false information, such  applicant  may  be
 subject  to  penalties  pursuant  to section 175.30 of this chapter, and
 further, that his or her request for an  exception  shall  be  null  and
 void,  provided  that  written  notice  containing such determination is
 provided to the applicant. Further, such forms shall provide each appli-
 cant an opportunity to either decline to request the grant or  continua-
 tion of an exception, or specify the grounds on which he or she believes
 his  or her information should not be publicly disclosed. These grounds,
 which shall be identified in the application with a box beside each  for
 checking, as applicable, by the applicant, shall be the same as provided
 in paragraph (b) of this subdivision.
   (d)]  Information submitted on the forms described in paragraph (b) of
 this subdivision shall be excepted from disclosure and maintained by the
 entity retaining such information separate  and  apart  from  all  other
 records.
   [(e)]  (D) (i) Upon receiving a request for exception from disclosure,
 the licensing officer shall grant such exception, unless the request  is
 determined  to  be  null and void, pursuant to paragraph (b)[ or (c)] of
 this subdivision.
   (ii) A request for an exception from disclosure may  be  submitted  at
 any time, including after a license or recertification has been granted.
 S. 2417                            20
 
   (iii)  If an exception is sought and granted pursuant to paragraph (b)
 of this subdivision, the application information  shall  not  be  public
 record,  unless  the  request  is determined to be null and void. [If an
 exception is sought and granted pursuant to paragraph (c) of this subdi-
 vision,  the  information  concerning  such  recertification application
 shall not be public record, unless the request is determined to be  null
 and void. Notwithstanding the foregoing provisions of this subparagraph,
 local  and  state law enforcement shall, upon request, be granted access
 to and copies of such application information provided that such  infor-
 mation  obtained  by law enforcement pursuant to this subparagraph shall
 not be considered a public record of such law enforcement agency.
   (f)] (E) The information of licensees  or  applicants  for  a  license
 shall not be disclosed to the public during the first one hundred twenty
 days  following  the  effective date of [the] chapter ONE of the laws of
 two thousand thirteen, which amended this section.  After  such  period,
 the  information  of those who had applied for or been granted a license
 prior to the preparation of the form for requesting an exception, pursu-
 ant to paragraph (b) of this subdivision, may be released only  if  such
 individuals  did  not  file  a  request for such an exception during the
 first sixty days following such preparation; provided, however, that  no
 information contained in an application for licensure or recertification
 shall  be  disclosed  by an entity that has not completed processing any
 such requests received during such sixty days.
   [(g)] (F) If a request for an exception is determined to be  null  and
 void  pursuant  to paragraph (b) [or (c)] of this subdivision, an appli-
 cant may request review of such determination pursuant to article seven-
 ty-eight of the civil practice [laws] LAW  and  rules.  Such  proceeding
 must  commence  within  thirty  days after service of the written notice
 containing the adverse determination. Notice of the  right  to  commence
 such  a petition, and the time period therefor, shall be included in the
 notice of the determination. Disclosure following such a petition  shall
 not be made prior to the disposition of such review.
   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)]
 (C) 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)]  (C)
 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
 S. 2417                            21
 
 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 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.
   (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  effec-
 tive  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, residential address, social security number, firearms possessed by
 such license holder, email address at the option of the  license  holder
 and  an  affirmation  that  such  license  holder is not prohibited from
 possessing firearms. The form may be in an electronic form if so  desig-
 nated  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
 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)] (C) 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
 S. 2417                            22

 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 business 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 offi-
 cer shall revoke any license issued in which an applicant knowingly made
 a  material  false  statement on the application. Notice of a revocation
 under this subdivision 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 ability to appeal  such  decision  in  accordance  with  subdivision
 four-a of this section.
   (b)  Whenever  the  director  of community services IN THE COUNTIES OF
 KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,  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
 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.
   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 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 Crim-
 S. 2417                            23

 inal  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
 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 possess, or
 the shield or other number, if any, assignment and department,  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 elec-
 tronic form if the superintendent determines that such dealer is incapa-
 ble of such transmission due to technological limitations that  are  not
 reasonably  within  the  control  of  the  dealer,  or other exceptional
 circumstances demonstrated by the dealer, pursuant to a  process  estab-
 lished  in  regulation,  and  at  the  discretion of the superintendent.
 [Records assembled or collected for purposes of inclusion in  the  data-
 base  created  pursuant  to  section 400.02 of this article shall not be
 subject to disclosure pursuant to article six  of  the  public  officers
 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 busi-
 ness by a licensee, such record book shall be immediately surrendered to
 the licensing officer in the city of New York, and in  the  counties  of
 Nassau  and Suffolk, and elsewhere in the state to the executive depart-
 ment, division of state police.
   § 29. Subdivision 16-a of section 400.00 of the penal law, as added by
 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
 the laws of 2013, is amended to read as follows:
   16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
 or (f)] SUBPARAGRAPH (V) OR (VI) OF PARAGRAPH (B) of  subdivision  twen-
 ty-two  of  section 265.00 of this chapter, WHO RESIDES IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, possessed before the date of
 the effective date of [the] chapter ONE of  the  laws  of  two  thousand
 thirteen  which added this paragraph, must make an application to regis-
 ter such weapon with the superintendent of state police, in  the  manner
 provided by the superintendent, or by amending a license issued pursuant
 to  this  section within one year of the effective date of this subdivi-
 sion except any weapon defined under [subparagraph (vi)] CLAUSE  (F)  OF
 SUBPARAGRAPH  (VII)  of paragraph [(g)] (B) of subdivision twenty-two of
 section 265.00 of this chapter transferred into the state may be  regis-
 tered  at  any  time, provided such weapons are registered within thirty
 days of their transfer into the state.  Registration  information  shall
 include  the registrant's name, date of birth, gender, race, residential
 address, social security number and a description of each  weapon  being
 registered. A registration IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW
 YORK  OR  BRONX,  of any weapon defined under [subparagraph (vi)] CLAUSE
 S. 2417                            24

 (F) OF SUBPARAGRAPH (VII) of paragraph [(g)] (B) of subdivision  twenty-
 two  of  section 265.00 or a feeding device as defined under subdivision
 twenty-three of section 265.00 of this chapter  shall  be  transferable,
 provided  that  the  seller notifies the DIVISION OF state police within
 seventy-two hours of the transfer and the buyer provides the DIVISION OF
 state police with information sufficient to  constitute  a  registration
 under  this section. Such registration shall not be valid if such regis-
 trant is prohibited or becomes  prohibited  from  possessing  a  firearm
 pursuant  to  state  or  federal law. The superintendent shall determine
 whether such registrant is prohibited from possessing  a  firearm  under
 state or federal law. Such check shall be limited to determining whether
 the  factors  in  18  USC 922 (g) apply or whether a registrant has been
 convicted of a serious offense as defined in  subdivision  sixteen-b  of
 section  265.00  of this chapter, so as to prohibit such registrant from
 possessing a firearm, and whether a report has been issued  pursuant  to
 section  9.46  of  the mental hygiene law.  [All] SUCH registrants shall
 recertify to the division of state police every five  years  thereafter.
 Failure to recertify shall result in a revocation of such registration.
   (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
 this subdivision, an owner, WHO RESIDES IN THE COUNTY OF KINGS,  QUEENS,
 RICHMOND, NEW YORK OR BRONX, of an assault weapon as defined in subdivi-
 sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
 retired New York or federal law enforcement officer as defined in subdi-
 vision twenty-five of section 265.00 of this chapter, where such  weapon
 was  issued  to  or purchased by such officer prior to retirement and in
 the course of his or her official duties, and for which such officer was
 qualified by the agency that employed such officer within twelve  months
 prior  to  his or her retirement, must register such weapon within sixty
 days of retirement.
   (b) The superintendent of state police shall create  and  maintain  an
 internet  website  to  educate  the  public, WHO RESIDE IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, as  to  which  semiautomatic
 rifle,  semiautomatic shotgun or semiautomatic pistol or weapon that are
 illegal as a result of the enactment of [the] chapter ONE of the laws of
 two thousand thirteen which  added  this  paragraph,  as  well  as  such
 assault  weapons  which  are  illegal  pursuant  to  article two hundred
 sixty-five of this chapter. Such website shall  contain  information  to
 assist [the] SUCH public in recognizing the relevant features proscribed
 by  such article two hundred sixty-five, as well as which make and model
 of weapons that require registration.
   (c) A person, WHO RESIDES IN THE COUNTY OF  KINGS,  QUEENS,  RICHMOND,
 NEW YORK OR BRONX, who knowingly fails to apply to register such weapon,
 as  required  by  this section, within one year of the effective date of
 [the] chapter ONE of the laws of two thousand thirteen which added  this
 paragraph  shall  be guilty of a class A misdemeanor and such person who
 unknowingly fails to validly register such weapon within such  one  year
 period  shall  be  given  a  warning  by  an appropriate law enforcement
 authority about such failure and given thirty days in which to apply  to
 register such weapon or to surrender it. A failure to apply or surrender
 such  weapon  within  such thirty-day period shall result in such weapon
 being removed by an appropriate law enforcement authority and declared a
 nuisance.
   § 30. Section 400.02 of the penal law is REPEALED.
   § 31. Section 400.03 of the penal law, as added by chapter  1  of  the
 laws  of  2013,  subdivisions 2 and 6 as amended by section 8 of chapter
 371 of the laws of 2022, is amended to read as follows:
 S. 2417                            25
 
 § 400.03 Sellers of ammunition.
   1.  A  seller  of  ammunition as defined in subdivision twenty-four of
 section 265.00 of this chapter DOING BUSINESS IN THE  COUNTY  OF  KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, shall register with the superinten-
 dent  of  state  police  in a manner provided by the superintendent. Any
 dealer in firearms that is validly licensed pursuant to  section  400.00
 of this article shall not be required to complete such registration.
   2.  Any  seller  of ammunition or dealer in firearms DOING BUSINESS IN
 THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK  OR  BRONX,  shall  keep
 either  an  electronic record, or dataset, or an organized collection of
 structured information, or data, typically stored  electronically  in  a
 computer  system  approved  as  to  form  by the superintendent of state
 police. In the record 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  identification
 mark on such ammunition.
   3.  [No  later  than thirty days after the superintendent of the state
 police certifies that the statewide license and record  database  estab-
 lished pursuant to section 400.02 of this article is operational for the
 purposes  of  this section, a] 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 DOING BUSINESS
 IN  THE  COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, 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]  SUPERINTENDENT  OF
 STATE POLICE and provides the [database] SUPERINTENDENT with information
 sufficient to identify such dealer or seller, transferee based on infor-
 mation  on  the transferee's identification document as defined in para-
 graph (c) of this subdivision, as well as the amount, calibre,  manufac-
 turer's name and serial number, if any, of such ammunition;
   (b) the [system] SUPERINTENDENT provides the licensee or seller 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.
   4. If the [database] SUPERINTENDENT OF STATE  POLICE  determines  that
 the  purchaser  of ammunition is eligible to possess ammunition pursuant
 to state and federal laws, [the system] HE OR SHE shall:
   (a) assign a unique identification number to the transfer; and
   (b) provide the licensee or seller with the number.
   5. If the [statewide license and record  database]  SUPERINTENDENT  OF
 STATE POLICE notifies the licensee or seller that the information avail-
 able  [to the database] does not demonstrate that the receipt of ammuni-
 tion by such other person would violate 18 U.S.C. 922(g) or  state  law,
 and the licensee transfers ammunition to such other person, the licensee
 shall  indicate  to  the [database] SUPERINTENDENT that such transaction
 has been completed at which point a record of such transaction shall  be
 S. 2417                            26

 created  which  shall  be accessible by the division of state police and
 maintained for no longer than one year from point  of  purchase[,  which
 shall  not  be  incorporated  into  the database established pursuant to
 section  400.02  of this article or the registry established pursuant to
 subdivision sixteen-a of section 400.00 of this article].  The  division
 of  state police may share such information with a local law enforcement
 agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
 establish  probable  cause to believe that the purchaser has committed a
 crime absent other information tending to  prove  the  commission  of  a
 crime.  Records assembled or accessed pursuant to this section shall not
 be subject to disclosure pursuant to article six of the public  officers
 law.  This  requirement  of  this section shall not apply (i) if a back-
 ground check cannot be completed because the system is  not  operational
 as  determined by the superintendent of state police, or where it cannot
 be accessed by the practitioner due  to  a  temporary  technological  or
 electrical  failure,  as  set  forth  in regulation, or (ii) a dealer or
 seller has been granted a waiver from conducting such  background  check
 if  the  superintendent  of  state police determines that such dealer is
 incapable of such check due to technological limitations  that  are  not
 reasonably  within  the  control  of  the  dealer,  or other exceptional
 circumstances demonstrated by the dealer, pursuant to a  process  estab-
 lished in regulation, and at the discretion of such superintendent.
   6.  If  the  superintendent  of state police certifies that background
 checks of ammunition purchasers IN THE COUNTY OF  KINGS,  QUEENS,  RICH-
 MOND,  NEW  YORK  OR BRONX 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  transaction shall be
 forwarded to the state police in a form determined  by  the  superinten-
 dent.
   7. No commercial transfer of ammunition shall take place IN THE COUNTY
 OF  KINGS,  QUEENS, RICHMOND, NEW YORK OR BRONX unless a licensed dealer
 in firearms or registered seller of ammunition acts as  an  intermediary
 between the transferor and the ultimate transferee of the ammunition for
 the  purposes  of  contacting  the statewide license and record database
 pursuant to this section. Such transfer between the  dealer  or  seller,
 and transferee must occur in person.
   8.  A  seller  of  ammunition  who  fails to register pursuant to this
 section and sells ammunition, for a first offense, shall be guilty of  a
 violation  and  subject  to  the  fine of one thousand dollars and for a
 second offense, shall be guilty of a class A misdemeanor.
   A seller of ammunition that fails to keep any record required pursuant
 to this section, for a first offense shall be guilty of a violation  and
 subject  to  a  fine  of  five hundred dollars, and for a second offense
 shall be guilty of a class B misdemeanor, and the registration  of  such
 seller shall be revoked.
   §  32. Subdivision 6 of section 400.03 of the penal law, as separately
 amended by sections 8 and 19 of chapter 371 of  the  laws  of  2022,  is
 amended to read as follows:
   6.  If  the  superintendent  of state police certifies that background
 checks of ammunition purchasers IN THE COUNTY OF  KINGS,  QUEENS,  RICH-
 MOND,  NEW  YORK  OR BRONX 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,  a  dealer  or
 S. 2417                            27
 
 seller  shall contact the division of state police to conduct such check
 which shall be sufficient to satisfy subdivisions four and five of  this
 section.
   §  33.  Paragraph  (a)  of  subdivision 1 and subdivision 3 of section
 400.10 of the penal law, as amended by chapter 1 of the  laws  of  2013,
 are amended to read as follows:
   (a)  Any  owner  or  other  person  lawfully  in  possession of: (i) a
 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
 on; (ii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR  BRONX,
 ammunition  as  well as a firearm, rifle or shotgun who suffers the loss
 or theft of such ammunition as well as a firearm, rifle or  shotgun;  or
 (iii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, ammu-
 nition  and  is a dealer in firearms or seller of ammunition who suffers
 the loss or theft of such ammunition shall within twenty-four  hours  of
 the discovery of the loss or theft report the facts and circumstances of
 the loss or theft to a police department or sheriff's office.
   3.  Notwithstanding  any  other provision of law, a violation of para-
 graph (a) of subdivision one of this section shall be [a class A  misde-
 meanor] PUNISHABLE ONLY BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
   § 34. Section 2509 of the surrogate's court procedure act, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
 § 2509. Firearms inventory
   Whenever,  by  regulation, rule or statute, a fiduciary or attorney of
 record IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX  must
 file  a  list of assets constituting a decedent's estate, such list must
 include a particularized  description  of  every  firearm,  shotgun  and
 rifle,  as  such  terms  are defined in section 265.00 of the penal law,
 that are part of such estate. Such list must be filed  with  the  surro-
 gate's  court  in  the county in which the estate proceeding, if any, is
 pending and a copy must be filed with the division of  criminal  justice
 services.
   § 35. This act shall take effect immediately; provided that the amend-
 ments  to  subdivision  6  of  section  400.03  of the penal law made by
 section thirty-two of this act shall take effect on the same date and in
 the same manner as section 19 of chapter 371 of the laws of  2022  takes
 effect.