NY State Senate Bill 2023-S3398

Senate Bill S3398

2023-2024 Legislative Session

Prohibits the provision of licenses for firearms to persons on the federal no-fly list or terrorist screening database

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 31, 2023	referred to codes

2023-S3398 (ACTIVE) - Details

See Assembly Version of this Bill:: A4511
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L; amd §530.14, CP L; amd §223, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10684
2021-2022: S9262, A5145

2023-S3398 (ACTIVE) - Summary

Prohibits the provision of licenses for firearms to persons on the federal no-fly list or terrorist screening database; authorizes firearms licenses of persons on the federal no-fly list or terrorist screening database to be suspended or revoked; requires the superintendent of state police to search the federal no-fly list or terrorist screening database each year and report findings to appropriate enforcement agencies in order to suspend or revoke appropriate licenses.

2023-S3398 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3398

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to prohibiting the provision
of licenses for firearms to persons on the federal no-fly list or
terrorist screening database; to amend the criminal procedure law, in
relation to revoking or suspending firearms licenses of persons on the
federal no-fly list or terrorist screening database; and to amend the
executive law, in relation to requiring the superintendent of state
police to search the federal no-fly list or terrorist screening database
and report findings to appropriate enforcement agencies

 
PURPOSE:

To prohibit suspected terrorists on the federal no-fly list from obtain-
ing a firearm license or possessing firearms in the state of New York
and to revoke the firearm license of any suspected terrorist that
currently has a firearm license.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill cites this Act as the "Deny Firearms to Dangerous
Terrorists Act.'

Section 2 of the bill amends section 400.00 of the penal law related to
licenses to carry, possess, repair and dispose of firearms to prohibit
any firearm license from being issued in the state of New York to a
person who is listed on the FBI's no-fly list or the FBI's terrorist
screening database.

Section 3 of the bill amends section 530.14 of the criminal procedure
law to grant the Division of State Police the authority to revoke the
license of a firearm license holder if such person is listed on the
FBI's no-fly list or the FBI's terrorist screening database. Such
license holder shall be no notified in writing by State Police within 30
days of the person's license being revoked.

Sections 4 and 5 of the bill amends section 223 of the executive law
related to duties and powers of the superintendent of state police to
require the state police to search, the FBI's no-fly list or terrorist
screening database at least once a year. If the state police find that a
person on either terrorist list has received a firearm license, the
superintendent of state police must promptly notify all appropriate law
enforcement agencies and will direct the state police to remove any and
all firearms from the suspected terrorist.

Section 6 of the bill grants the superintendent of state police and
commissioner of criminal justice services the authority to promulgate
any regulations necessary for the provisions of this Act to take effect.

Section 7 of the bill provides that the Act will take effect immediate-
ly, provided that the superintendent of state police receives the neces-
sary approval from the FBI or relevant federal agencies that operate
these databases.

 
JUSTIFICATION:

With federal legislation stalled in Congress that would prohibit
suspected terrorists from receiving firearm licenses, the state of New
York must act to ensure that it is doing everything possible to prevent
terrorists from obtaining and carrying guns. There is no logical reason
why suspected terrorists should be allowed to possess a firearm license
and firearm in New York.

As provided for in this proposed legislation and under the criminal
procedure law, any firearm license holder who has his or her license or
firearm revoked, for being on the terrorist watch list would receive
notice of the revocation in writing. In addition, current law provides
for due process hearing requirements in court related to the revocation
of the firearm license.

 
LEGISLATIVE HISTORY:

Senate

2020: No Senate Same-As

2022: S9262, Referred to Codes

Assembly

2020: A10684, Referred to Codes

2022: A5145, Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the superintendent
of state police receives approval from the relevant federal agencies.

2023-S3398 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3398
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to prohibiting the  provision
   of  licenses  for  firearms  to  persons on the federal no-fly list or
   terrorist screening database; to amend the criminal procedure law,  in
   relation to revoking or suspending firearms licenses of persons on the
   federal  no-fly list or terrorist screening database; and to amend the
   executive law, in relation to requiring the  superintendent  of  state
   police  to search the federal no-fly list or terrorist screening data-
   base and report findings to appropriate enforcement agencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as the "Deny
 Firearms to Dangerous Terrorists Act".
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07054-01-3

 S. 3398                             2
 
 commission  of  a  felony  or serious offense; (d) who is not a fugitive
 from justice; (e) who is not an unlawful user  of  or  addicted  to  any
 controlled  substance as defined in section 21 U.S.C. 802; (f) who being
 a  noncitizen (i) is not illegally or unlawfully in the United States or
 (ii) has not been admitted to the United  States  under  a  nonimmigrant
 visa  subject  to  the exception in 18 U.S.C. 922(y)(2); (g) who has not
 been discharged from the Armed Forces under dishonorable conditions; (h)
 who, having been a citizen of the United States, has not  renounced  his
 or  her  citizenship;  (i)  who  has  stated  whether he or she has ever
 suffered any mental illness; (j) who has not been involuntarily  commit-
 ted  to a facility under the jurisdiction of an office of the department
 of mental hygiene pursuant to article nine  or  fifteen  of  the  mental
 hygiene law, article seven hundred thirty or section 330.20 of the crim-
 inal  procedure  law  or  substantially similar laws of any other state,
 section four hundred two or five hundred eight of  the  correction  law,
 section  322.2  or  353.4  of the family court act, has not been civilly
 confined in a secure treatment facility pursuant to article ten  of  the
 mental  hygiene law, or has not been the subject of a report made pursu-
 ant to section 9.46 of the mental hygiene law; (k) who  has  not  had  a
 license  revoked or who is not under a suspension or ineligibility order
 issued pursuant to the provisions of  section  530.14  of  the  criminal
 procedure  law  or section eight hundred forty-two-a of the family court
 act; (l) in the county of Westchester, who has successfully completed  a
 firearms  safety  course  and  test  as  evidenced  by  a certificate of
 completion issued in his or her name and endorsed and affirmed under the
 penalties of perjury by a duly authorized instructor, except  that:  (i)
 persons  who are honorably discharged from the United States army, navy,
 marine corps or coast guard, or of the national guard of  the  state  of
 New  York,  and  produce  evidence of official qualification in firearms
 during the term of service are not  required  to  have  completed  those
 hours  of a firearms safety course pertaining to the safe use, carrying,
 possession, maintenance and storage of a firearm; (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] CHAPTER THREE HUNDRED SEVENTY-ONE OF THE LAWS of two
 thousand twenty-two [which amended this paragraph] shall be required  to
 complete  the  training required by subdivision nineteen of this section
 prior to the recertification of such license; and (iii) persons applying
 for a license under paragraph (f) of subdivision two of this section  on
 or  after  the effective date of [the] chapter THREE HUNDRED SEVENTY-ONE
 of the laws of two thousand twenty-two [which  amended  this  paragraph]
 who  shall  be required to complete the training required under subdivi-
 sion nineteen of this section for such license; (m) who has  not  had  a
 guardian  appointed  for  him  or her pursuant to any provision of state
 law, based on a determination that  as  a  result  of  marked  subnormal
 intelligence,  mental  illness,  incompetency,  incapacity, condition or
 disease, he or she lacks the mental capacity to contract or  manage  his
 or  her  own  affairs;  (n)  for a license issued under paragraph (f) of
 subdivision two of  this  section,  that  the  applicant  has  not  been
 convicted within five years of the date of the application of any of the
 following: (i) assault in the third degree, as defined in section 120.00
 of  this chapter; (ii) misdemeanor driving while intoxicated, as defined
 in section eleven hundred ninety-two of the vehicle and traffic law;  or
 (iii)  menacing, as defined in section 120.15 of this chapter; [and] (o)
 S. 3398                             3
 
 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
 conduct that would result in harm to themselves or others; (iii) certif-
 ication of completion of the training required in  subdivision  nineteen
 of this section; (iv) a list of former and current social media accounts
 of  the  applicant  from the past three years to confirm the information
 regarding the applicants character and conduct as required  in  subpara-
 graph (ii) of this paragraph; and (v) such other information required by
 the  licensing  officer  that is reasonably necessary and related to the
 review of the licensing application; AND (P) WHO HAS NOT BEEN LISTED  ON
 THE  FEDERAL NO-FLY LIST OR TERRORIST SCREENING DATABASE OPERATED BY THE
 FEDERAL BUREAU OF INVESTIGATION.
   § 3. Section 530.14 of the criminal procedure law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. REVOCATION OR SUSPENSION OF LICENSE UPON A FINDING THAT THE HOLD-
 ER OF THE FIREARM LICENSE IS A SUSPECTED TERRORIST. WHERE  THE  DIVISION
 OF  STATE  POLICE  FINDS THAT A HOLDER OF A FIREARM LICENSE IS LISTED ON
 THE FEDERAL NO-FLY LIST OR TERRORIST SCREENING DATABASE OPERATED BY  THE
 FEDERAL  BUREAU  OF  INVESTIGATION,  THE  DIVISION OF STATE POLICE SHALL
 IMMEDIATELY REVOKE THE HOLDER'S LICENSE.  THE INDIVIDUAL SHALL BE  NOTI-
 FIED IN WRITING WITHIN THIRTY DAYS OF THE REVOCATION.
   §  4.  Section  223  of  the  executive law is amended by adding a new
 subdivision 3 to read as follows:
   3. THE SUPERINTENDENT SHALL SEARCH THE FEDERAL NO-FLY LIST OR  TERROR-
 IST SCREENING DATABASE AT LEAST ONCE EACH YEAR AND UPON A FINDING THAT A
 FIREARM LICENSE HOLDER IS ON SUCH A LIST, THE SUPERINTENDENT SHALL IMME-
 DIATELY NOTIFY ALL APPROPRIATE LAW ENFORCEMENT AGENCIES AND SHALL DIRECT
 THE  STATE  POLICE  TO  REMOVE ANY AND ALL SUCH FIREARMS UNTIL SUCH TIME
 THAT THE INDIVIDUAL IS NO LONGER ON THE FEDERAL NO-FLY LIST OR TERRORIST
 SCREENING DATABASE.
   § 5. Section 223 of the executive law, as amended by  section  3-b  of
 part  MM  of  chapter  54  of  the  laws  of 2016, is amended to read as
 follows:
   § 223. Duties and powers of the superintendent of state police and  of
 members  of the state police. 1. It shall be the duty of the superinten-
 dent of the state police and of members of the state police  to  prevent
 and  detect crime and apprehend criminals. They shall also be subject to
 the call of the governor and are empowered to co-operate with any  other
 department  of  the  state  or  with  local authorities. They shall also
 collect and analyze information relating to prevention and detection  of
 terrorist  threats  and  terrorist  activities  throughout the state and
 share all such information subject to paragraph (g) of  subdivision  two
 of  section  seven  hundred  nine  of this chapter among the division of
 homeland security and emergency services and local, state,  and  federal
 law  enforcement  agencies  to  ensure  the  coordination of appropriate
 intelligence to assist in the early identification of  and  response  to
 S. 3398                             4

 potential  terrorist  threats  and terrorist activities. They shall have
 power to arrest, without a warrant, any person committing or  attempting
 to  commit  within their presence or view a breach of the peace or other
 violation  of  law,  to  serve  and execute warrants of arrest or search
 issued by proper authority and to exercise all other  powers  of  police
 officers  of  the  state  of  New  York. Any such warrants issued by any
 magistrate of the state may be executed by them in any part of the state
 according to the tenor thereof without  [indorsement]  ENDORSEMENT.  But
 they  shall  not  exercise their powers within the limits of any city to
 suppress rioting and disorder except by direction  of  the  governor  or
 upon  the  request  of  the  mayor  of the city with the approval of the
 governor. Any member of the rank of sergeant or above may take  pre-arr-
 aignment  bail  from  any defendant in the amounts and under the circum-
 stances and conditions that police may take bail.
   2. THE SUPERINTENDENT SHALL SEARCH THE FEDERAL NO-FLY LIST OR  TERROR-
 IST SCREENING DATABASE AT LEAST ONCE EACH YEAR AND UPON A FINDING THAT A
 FIREARM LICENSE HOLDER IS ON SUCH A LIST, THE SUPERINTENDENT SHALL IMME-
 DIATELY NOTIFY ALL APPROPRIATE LAW ENFORCEMENT AGENCIES AND SHALL DIRECT
 THE  STATE  POLICE  TO  REMOVE ANY AND ALL SUCH FIREARMS UNTIL SUCH TIME
 THAT THE INDIVIDUAL IS NO LONGER ON THE FEDERAL NO-FLY LIST OR TERRORIST
 SCREENING DATABASE.
   § 6. The superintendent of state police and the commissioner of crimi-
 nal justice services shall promulgate any regulations necessary for  the
 provisions of this act to take effect.
   §  7.  This  act  shall take effect immediately; provided however, the
 provisions of this act shall not take effect until the superintendent of
 state police receives approval to access the information on the  federal
 no-fly  list  or  terrorist screening database from the relevant federal
 agencies; provided further that the amendments to  section  223  of  the
 executive  law  made by section four of this act shall be subject to the
 expiration and reversion of such section pursuant to section 3 of  chap-
 ter  428  of  the  laws  of  1999,  as  amended, when upon such date the
 provisions of section five of this act shall take effect; provided  that
 the  superintendent  of  state  police shall notify the legislative bill
 drafting commission upon the occurrence of the enactment of  the  legis-
 lation  provided  for in this act in order that the commission may main-
 tain an accurate and timely effective database of the official  text  of
 the  laws  of  the  state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.

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