S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5763
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and the environmental conservation law, in
   relation  to  establishing  additional  requirements  to  purchase   a
   firearm, shotgun or rifle

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 4-c of section 400.00 of the penal  law,
 subdivision  1 as separately amended by chapters 371 and 669 of the laws
 of 2022, and subdivision 4-c as amended by chapter 371 of  the  laws  of
 2022, are 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  AND  HAS
 PROVIDED  NOTARIZED PROOF OF A PASSED DRUG TEST BY A LICENSED PHYSICIAN;
 (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05927-01-3
              

 S. 5763                             2
 
 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 AND HAS PROVIDED NOTARIZED PROOF OF
 A PASSED MENTAL HEALTH EVALUATION BY A LICENSED PHYSICIAN; (j)  who  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 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 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 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  inel-
 igibility  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 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  effec-
 tive date of this paragraph] JULY FIRST, TWO THOUSAND TWENTY-TWO are not
 required  to have completed a firearms safety course and test, provided,
 however, persons with a license issued under paragraph (f)  of  subdivi-
 sion two of this section prior to [the effective date of the laws of two
 thousand  twenty-two which amended this paragraph] JULY FIRST, TWO THOU-
 SAND TWENTY-TWO 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 of the laws of two thousand twenty-two which amended this
 paragraph] JULY FIRST, TWO THOUSAND TWENTY-TWO who shall be required  to
 complete  the  training  required  under  subdivision  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 determi-
 nation 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) misde-
 meanor 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
 S. 5763                             3
 
 application submit to the licensing officer the  following  information:
 (i) names and contact information for the applicant's current spouse, or
 domestic  partner,  any  other  adults residing in the applicant's home,
 including  any adult children of the applicant, 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 refer-
 ences  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) certification of completion of the train-
 ing 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  charac-
 ter  and conduct as required in subparagraph (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 applica-
 tion;  (P)  WHO HAS SUCCESSFULLY COMPLETED LIVE FIRING INSTRUCTION AND A
 TEST WITH AT LEAST NINETY PERCENT ACCURACY AT A SHOOTING RANGE USING THE
 TYPE OF FIREARM HE OR SHE ANTICIPATES PURCHASING, POSSESSING OR  ACQUIR-
 ING;  AND  (Q)  HAS  PURCHASED  A SAFE STORAGE DEPOSITORY FOR HIS OR HER
 FIREARMS AND AMMUNITION AS EVIDENCED BY A RECEIPT OF SUCH PURCHASE.  FOR
 THE PURPOSES OF THIS SUBDIVISION, "SAFE STORAGE DEPOSITORY" SHALL MEAN A
 SAFE OR OTHER SECURE CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING
 OPENED  WITHOUT THE KEY, COMBINATION OR OTHER UNLOCKING MECHANISM AND IS
 CAPABLE OF PREVENTING AN UNAUTHORIZED PERSON FROM  OBTAINING  ACCESS  TO
 AND POSSESSION OF THE WEAPON OR AMMUNITION CONTAINED THEREIN.
   4-c. [Westchester county firearms] FIREARMS safety course certificate.
 [In  the  county  of  Westchester,  at]  AT the time of application, the
 licensing officer to which the license application is made shall provide
 a copy of the FIVE HOUR safety course booklet to each license applicant.
 Before such license is issued, such licensing officer shall require that
 the applicant submit a certificate of successful completion  of  a  FIVE
 HOUR  firearms  safety  course  and  test  issued in his or her name and
 endorsed and affirmed under the penalties of perjury by a  duly  author-
 ized instructor.
   §  2.  The penal law is amended by adding a new section 400.25 to read
 as follows:
 § 400.25 PURCHASE OF RIFLES AND SHOTGUNS.
   1. PRIOR TO THE PURCHASE OF ANY RIFLE OR SHOTGUN, A PERSON SHALL APPLY
 FOR A HUNTING LICENSE PURSUANT TO ARTICLE ELEVEN  OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   2.  IN  ADDITION TO THE REQUIREMENTS REQUIRED BY ARTICLE ELEVEN OF THE
 ENVIRONMENTAL CONSERVATION LAW, NO HUNTING LICENSE FOR THE PURCHASE OF A
 RIFLE OR SHOTGUN SHALL BE ISSUED EXCEPT FOR AN APPLICANT: (A) WHO IS NOT
 AN UNLAWFUL USER OF OR ADDICTED TO ANY CONTROLLED SUBSTANCE  AS  DEFINED
 IN  SECTION  21 U.S.C.  802 AND HAS PROVIDED NOTARIZED PROOF OF A PASSED
 DRUG TEST BY A LICENSED PHYSICIAN; (B) WHO HAS STATED WHETHER HE OR  SHE
 HAS EVER SUFFERED ANY MENTAL ILLNESS AND HAS PROVIDED NOTARIZED PROOF OF
 A  PASSED  MENTAL HEALTH EVALUATION BY A LICENSED PHYSICIAN; (C) WHO HAS
 SUCCESSFULLY COMPLETED A FIVE HOUR 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  AUTHOR-
 IZED  INSTRUCTOR,  EXCEPT THAT 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 OFFI-
 CIAL QUALIFICATION IN FIREARMS  DURING  THE  TERM  OF  SERVICE  ARE  NOT
 S. 5763                             4
 
 REQUIRED  TO  HAVE  COMPLETED  THOSE  HOURS  OF A FIREARMS SAFETY COURSE
 PERTAINING TO THE SAFE USE, CARRYING, POSSESSION, MAINTENANCE AND  STOR-
 AGE OF FIREARMS, SHOTGUNS AND RIFLES; (D) WHO HAS SUCCESSFULLY COMPLETED
 LIVE FIRING INSTRUCTION AND A TEST WITH AT LEAST NINETY PERCENT ACCURACY
 AT  A SHOOTING RANGE USING THE TYPE OF RIFLE OR SHOTGUN HE OR SHE ANTIC-
 IPATES PURCHASING, POSSESSING OR ACQUIRING; (E)  WHO  DOES  NOT  HAVE  A
 CRIMINAL  RECORD  WHICH  WOULD  OTHERWISE  DISQUALIFY  HIM  OR  HER FROM
 PURCHASING A SHOTGUN OR RIFLE; AND (F)  HAS  PURCHASED  A  SAFE  STORAGE
 DEPOSITORY  FOR  HIS OR HER RIFLE OR SHOTGUN AND AMMUNITION AS EVIDENCED
 BY A RECEIPT OF SUCH PURCHASE. FOR THE PURPOSES OF THIS  SECTION,  "SAFE
 STORAGE  DEPOSITORY"  SHALL MEAN A SAFE OR OTHER SECURE CONTAINER WHICH,
 WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE  KEY,  COMBINATION
 OR  OTHER  UNLOCKING MECHANISM AND IS CAPABLE OF PREVENTING AN UNAUTHOR-
 IZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION  OF  THE  WEAPON  OR
 AMMUNITION CONTAINED THEREIN.
   3.  BEFORE A LICENSE IS ISSUED, THERE SHALL BE AN INVESTIGATION OF ALL
 STATEMENTS RELATED TO THE REQUIREMENTS  OF  THIS  SECTION  BY  THE  DULY
 CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY WHERE SUCH APPLICATION IS
 MADE.  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 INVES-
 TIGATING  OFFICER  OF  THE  POLICE  AUTHORITY. IN ORDER TO ASCERTAIN ANY
 PREVIOUS CRIMINAL RECORD, THE INVESTIGATING OFFICER SHALL TAKE THE FING-
 ERPRINTS AND PHYSICAL DESCRIPTIVE DATA IN QUADRUPLICATE OF EACH INDIVID-
 UAL BY WHOM THE APPLICATION IS MADE. 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. 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 TO THE
 INVESTIGATING OFFICER SHALL BE MADE WITHOUT UNNECESSARY DELAY. THEREAFT-
 ER, SUCH DIVISION SHALL NOTIFY THE ISSUING  OFFICER  AND  THE  EXECUTIVE
 DEPARTMENT,  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
 INVESTIGATION, AS THE CASE MAY BE, SHALL BE FORWARDED TO THAT BUREAU  AT
 WASHINGTON  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,
 WITHIN  TEN  DAYS AFTER ISSUANCE OF THE LICENSE, AND THE OTHER REMAIN ON
 FILE WITH THE INVESTIGATING POLICE AUTHORITY. NO SUCH  FINGERPRINTS  MAY
 BE  INSPECTED  BY  ANY  PERSON OTHER THAN A PEACE OFFICER, WHO IS ACTING
 PURSUANT TO HIS SPECIAL DUTIES, OR A POLICE OFFICER, EXCEPT ON ORDER  OF
 A JUDGE OR JUSTICE OF A COURT OF RECORD EITHER UPON NOTICE TO THE LICEN-
 SEE  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 ISSUING OFFICER WITHOUT UNNECESSARY DELAY.
   4.  IN  ACTING  UPON  AN APPLICATION, THE ISSUING OFFICER SHALL EITHER
 DENY THE APPLICATION FOR REASONS SPECIFICALLY AND  CONCISELY  STATED  IN
 WRITING OR GRANT THE APPLICATION AND ISSUE THE LICENSE APPLIED FOR.
   §  3.  Subdivision 1 of section 11-0701 of the environmental conserva-
 tion law is amended by adding a new paragraph c to read as follows:
 S. 5763                             5

   C. ENTITLES THE HOLDER TO PURCHASE A RIFLE OR  SHOTGUN  PROVIDED  SUCH
 HOLDER  MEETS THE REQUIREMENTS OF SECTION 400.25 OF THE PENAL LAW OR ANY
 OTHER RELATED PROVISION OF LAW.
   §  4.  Subdivision 3 of section 11-0713 of the environmental conserva-
 tion law is amended by adding a new paragraph a-1 to read as follows:
   A-1. THE ISSUING OFFICER SHALL NOT ISSUE A  HUNTING  LICENSE  FOR  THE
 PURCHASE  OF  A  RIFLE  OR  SHOTGUN  TO  ANY PERSON UNLESS THE APPLICANT
 PRESENTS PROOF THAT HE OR SHE MEETS THE REQUIREMENTS OF  SECTION  400.25
 OF THE PENAL LAW.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date is authorized to  be  made  and
 completed on or before such effective date.