S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1701
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens.  GIANARIS, BRESLIN, KRUEGER, LIU, RIVERA, SANDERS,
   SERRANO, STAVISKY -- 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 requiring persons possess-
   ing  a  firearm  to hold a firearms safety certificate; and to provide
   technical corrections to such law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.01 of the penal law, as amended by chapter 1 of
 the  laws of 2013, subdivision 1 as amended by chapter 34 of the laws of
 2019, subdivision 2 as amended by chapter  146  of  the  laws  of  2019,
 subdivision 8 as amended by chapter 520 of the laws of 2021, subdivision
 9  as added by chapter 519 of the laws of 2021, subdivision 9 as amended
 by chapter 149 of the laws of 2022 and  subdivision  10  as  amended  by
 chapter 94 of the laws of 2022, is amended to read as follows:
 § 265.01 Criminal possession of a weapon in the fourth degree.
   A  person  is  guilty of criminal possession of a weapon in the fourth
 degree when:
   (1) [He or she] SUCH PERSON possesses  any  firearm,  electronic  dart
 gun,  electronic  stun  gun,  switchblade  knife, pilum ballistic knife,
 metal knuckle knife, cane sword,  billy,  blackjack,  bludgeon,  plastic
 knuckles,  metal  knuckles, chuka stick, sand bag, sandclub, wrist-brace
 type slingshot or slungshot, [shirken] SHURIKEN, or "Kung Fu star"[;].
   (2) [He or she] SUCH PERSON possesses  any  dagger,  dangerous  knife,
 dirk,  machete, razor, stiletto, imitation pistol, undetectable knife or
 any other dangerous or deadly instrument or weapon with  intent  to  use
 the same unlawfully against another[; or].
   (3)[;  or]  SUCH PERSON POSSESSES A FIREARM, NOT BEING THE HOLDER OF A
 VALID FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO SECTION  400.15  OF
 THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05264-01-3
 S. 1701                             2
              

 
   (4)  [He]  SUCH  PERSON  possesses  a rifle, shotgun, antique firearm,
 black powder rifle, black powder shotgun, or any muzzle-loading firearm,
 and has been convicted of a felony or serious offense[; or].
   (5)  [He]  SUCH PERSON possesses any dangerous or deadly weapon and is
 not a citizen of the United States[; or].
   (6) [He is a person who] SUCH PERSON has been certified  not  suitable
 to  possess  a  rifle  or  shotgun, as defined in subdivision sixteen of
 section 265.00 OF THIS ARTICLE, and refuses to yield possession of  such
 rifle  or shotgun upon the demand of a police officer. Whenever a person
 is certified not suitable to possess a rifle or shotgun, a member of the
 police department to which such certification is made, or of  the  state
 police,  shall  forthwith  seize  any rifle or shotgun possessed by such
 person. A rifle or shotgun seized as [herein] provided IN THIS  SUBDIVI-
 SION  shall not be destroyed, but shall be delivered to the headquarters
 of such police department, or state police, and there retained until the
 aforesaid certificate has been rescinded by the director or physician in
 charge, or other disposition of such rifle or shotgun has  been  ordered
 or authorized by a court of competent jurisdiction.
   (7)  [He]  SUCH  PERSON  knowingly  possesses  a  bullet containing an
 explosive substance designed to detonate upon impact.
   (8) Such person possesses any armor piercing ammunition with intent to
 use the same unlawfully against another.
   (9) Such person possesses a major component of a  firearm,  rifle,  or
 shotgun and such person is prohibited from possessing a shotgun or rifle
 pursuant to:
   (i) this article;
   (ii)  subsection  (g)  of section 922 of title 18 of the United States
 Code; or
   (iii) a temporary or final extreme risk protection order issued  under
 article sixty-three-A of the civil practice law and rules[; or].
   [(9)]  (9-A)  Such person is not licensed as a gunsmith or a dealer in
 firearms pursuant to section 400.00 of this chapter and, knowing it is a
 ghost gun, such person possesses a ghost gun,  provided  that  a  person
 shall  not be guilty under this subdivision when he or she (a) voluntar-
 ily surrenders such ghost gun to any law enforcement official designated
 pursuant to subparagraph (f) of paragraph one of subdivision [(a)] A  of
 section  265.20 of this article; or (b) for a period of six months after
 the effective date of this  section  possesses  a  ghost  gun  prior  to
 serialization  and  registration  of  such ghost gun pursuant to section
 265.07 of this article.
   (10) Such person is not licensed as a gunsmith or dealer  in  firearms
 pursuant to section 400.00 of this chapter and, knowing it is an unseri-
 alized  frame  or  receiver or unfinished frame or receiver, such person
 possesses an unserialized frame  or  receiver  or  unfinished  frame  or
 receiver,  provided  that for a period of six months after the effective
 date of this subdivision, a person shall not be guilty under this subdi-
 vision when such person: (a) voluntarily  surrenders  such  unserialized
 frame or receiver or unfinished frame or receiver to any law enforcement
 official  designated  pursuant  to  subparagraph (f) of paragraph one of
 subdivision [(a)] A of section 265.20 of this article; or (b)  possesses
 such  unserialized  frame  or  receiver  or unfinished frame or receiver
 prior to serialization of such unserialized frame or receiver or  unfin-
 ished  frame  or receiver in accordance with the requirements imposed on
 licensed importers and licensed manufacturers pursuant to subsection (i)
 of Section 923 of Title 18 of the United  States  Code  and  regulations
 issued  pursuant  thereto,  except  for  antique  firearms as defined in
 S. 1701                             3
 
 subdivision fourteen of section 265.00 of  this  article,  as  added  by
 chapter  nine  hundred eighty-six of the laws of nineteen hundred seven-
 ty-four, or any firearm, rifle or shotgun manufactured prior to nineteen
 hundred sixty-eight.
   Criminal  possession  of  a  weapon  in the fourth degree is a class A
 misdemeanor.
   § 2. The penal law is amended by adding a new section 400.15  to  read
 as follows:
 § 400.15 FIREARMS SAFETY CERTIFICATE.
   1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "COMMISSIONER" MEANS THE COMMISSIONER OF THE POLICE DEPARTMENT OF
 A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (B) "SHERIFF" MEANS THE SHERIFF OF THE COUNTY IN  WHICH  AN  APPLICANT
 RESIDES, EXCEPT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   2.  NO  PERSON  SHALL  POSSESS  A  FIREARM  UNLESS SUCH PERSON HOLDS A
 FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO THIS SECTION.
   3. EVERY PERSON APPLYING  FOR  A  FIREARMS  SAFETY  CERTIFICATE  SHALL
 SUBMIT  AN APPLICATION TO THE SHERIFF OR THE COMMISSIONER IF SUCH PERSON
 RESIDES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  SUCH APPLI-
 CATION SHALL BE IN SUCH FORM AND CONTENT AS SHALL BE ESTABLISHED BY  THE
 SHERIFF OR THE COMMISSIONER, AND SHALL INCLUDE:
   (A) THE APPLICANT'S NAME, ADDRESS, RESIDENCE TELEPHONE NUMBER, GENDER,
 RACE,  HEIGHT,  WEIGHT, DATE OF BIRTH, CITIZENSHIP, THUMBPRINT AND DRIV-
 ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER;
   (B) THE APPLICANT'S SIGNATURE; AND
   (C) AN OATH THAT ALL INFORMATION IN THE APPLICATION IS  TRUE,  SUBJECT
 TO THE PENALTIES OF PERJURY.
   4.  THE  COURSE  OF  INSTRUCTION FOR THE ISSUANCE OF A FIREARMS SAFETY
 CERTIFICATE SHALL INCLUDE THE SUCCESSFUL COMPLETION BY THE APPLICANT OF:
   (A) NOT LESS THAN FIVE HOURS OF CLASSROOM INSTRUCTION ON:
   (I) THE SAFE USE AND HANDLING OF FIREARMS;
   (II) THE METHODS FOR SAFELY STORING AND SECURING FIREARMS, AND KEEPING
 CHILDREN SAFE WHEN SUCH WEAPONS ARE PRESENT; AND
   (III) THE APPLICABLE FEDERAL, STATE AND LOCAL  LAWS  RELATING  TO  THE
 PURCHASE, SALE, POSSESSION, TRANSPORTATION AND STORAGE OF FIREARMS;
   (B)  NOT  LESS THAN TWO HOURS OF LIVE FIRING INSTRUCTION AT A SHOOTING
 RANGE USING THE TYPE OF FIREARM THE  APPLICANT  ANTICIPATES  PURCHASING,
 POSSESSING  OR  ACQUIRING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
 PERSON ATTENDING A COURSE OF INSTRUCTION FOR THE ISSUANCE OF  A  FIREARM
 SAFETY  CERTIFICATE  MAY  POSSESS  A  FIREARM FOR THE LIMITED PURPOSE OF
 FULFILLING THE REQUIREMENTS OF THIS PARAGRAPH  WHILE  UNDER  THE  SUPER-
 VISION OF HIS OR HER INSTRUCTOR; AND
   (C)  A  SAFE-HANDLING  OF  A FIREARM DEMONSTRATION AS ATTESTED TO BY A
 DULY AUTHORIZED INSTRUCTOR.
   5. EVERY FIREARMS SAFETY COURSE, FOR THE COMPLETION OF WHICH AN APPLI-
 CANT IS GRANTED A FIREARMS SAFETY CERTIFICATE, SHALL BE APPROVED BY  THE
 SHERIFF  OR THE COMMISSIONER AND SHALL BE CONDUCTED BY A DULY AUTHORIZED
 INSTRUCTOR. THE SHERIFF OR THE COMMISSIONER MAY,  FOR  THE  PURPOSES  OF
 FIREARMS  SAFETY  COURSES  REQUIRED  BY  THIS  SECTION,  PROVIDE FOR THE
 APPROVAL OF FIREARM SAFETY COURSES REQUIRED OR PROVIDED FOR PURSUANT  TO
 ANY FEDERAL OR STATE LAW.
   6.  UPON  THE  SUCCESSFUL COMPLETION OF A FIREARMS SAFETY COURSE BY AN
 APPLICANT, THE DULY AUTHORIZED INSTRUCTOR OF SUCH COURSE  SHALL  PROVIDE
 THE  APPLICANT  WITH  A  SIGNED  AFFIDAVIT  ATTESTING TO THE APPLICANT'S
 SUCCESSFUL COMPLETION OF THE COURSE. SUCH AFFIDAVIT  SHALL  INCLUDE  THE
 NAME,  ADDRESS  AND  TELEPHONE NUMBER OF THE DULY AUTHORIZED INSTRUCTOR;
 S. 1701                             4
 
 THE NAME OF THE APPLICANT; AND THE DATES AND PLACES THAT THE COURSE  WAS
 CONDUCTED.
   7.  UPON  RECEIPT OF THE AFFIDAVIT REQUIRED BY SUBDIVISION SIX OF THIS
 SECTION, THE APPLICANT SHALL SUBMIT A COPY  OF  SUCH  AFFIDAVIT  TO  THE
 SHERIFF  OR  THE  COMMISSIONER  AND HE OR SHE SHALL ADMINISTER A WRITTEN
 EXAMINATION, ESTABLISHED BY  HIM  OR  HER,  DEMONSTRATING  KNOWLEDGE  OF
 FIREARMS SAFETY AND LAWS APPLICABLE TO FIREARMS.
   (A)  A FIREARMS SAFETY CERTIFICATE SHALL BE ISSUED TO AN APPLICANT WHO
 SCORES SEVENTY-FIVE PERCENT OR HIGHER ON SUCH EXAMINATION.
   (B) IF AN APPLICANT FAILS SUCH WRITTEN  EXAMINATION,  HE  OR  SHE  MAY
 RETAKE  SUCH  EXAMINATION  AT  LEAST  TWENTY-FOUR  HOURS  AFTER  A PRIOR
 ATTEMPT. THE SAME VERSION OF SUCH WRITTEN EXAMINATION SHALL NOT BE GIVEN
 TO AN APPLICANT UPON ANY TWO CONSECUTIVE TAKINGS THEREOF.  NO  APPLICANT
 SHALL  BE  OFFERED  THE WRITTEN EXAMINATION MORE THAN THREE TIMES. AFTER
 THE THIRD FAILURE BY AN APPLICANT, HE OR SHE SHALL BE REQUIRED TO  AGAIN
 SUCCESSFULLY  COMPLETE  THE REQUIREMENTS OF SUBDIVISIONS FOUR AND SIX OF
 THIS SECTION.
   (C) APPLICANTS MAY BE CHARGED A FEE TO COVER THE COSTS OF  ADMINISTER-
 ING THE WRITTEN EXAMINATION.
   8. UPON SUCCESSFUL COMPLETION OF THE REQUIREMENTS OF SUBDIVISION SEVEN
 OF  THIS  SECTION BY AN APPLICANT, THE SHERIFF OR THE COMMISSIONER SHALL
 ISSUE SUCH APPLICANT A  FIREARMS  SAFETY  CERTIFICATE.  FIREARMS  SAFETY
 CERTIFICATES  SHALL  NOT BE TRANSFERABLE. THE HOLDER THEREOF SHALL STORE
 SUCH CERTIFICATE IN THE PLACE WHERE HIS  OR  HER  FIREARMS  ARE  STORED,
 EXCEPT THAT SUCH CERTIFICATE SHALL BE CARRIED ON THE PERSON OF THE HOLD-
 ER  IF A FIREARM IS POSSESSED OUTSIDE OF THE HOLDER'S RESIDENCE OR PLACE
 OF BUSINESS. UPON REQUEST OF A POLICE OFFICER, A FIREARMS SAFETY CERTIF-
 ICATE SHALL BE DISPLAYED BY THE HOLDER TO SUCH OFFICER.
   9. EVERY FIREARMS SAFETY CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
 SHALL  BE  VALID  FOR  A  PERIOD  OF  TWO YEARS, AND MAY BE RENEWED UPON
 COMPLETION OF THE REQUIREMENTS OF THIS SECTION.
   10. NO PERSON SHALL SELL OR TRANSFER POSSESSION OF A  FIREARM  TO  ANY
 PERSON WHO DOES NOT HOLD A FIREARMS SAFETY CERTIFICATE.
   11. A FIREARMS SAFETY CERTIFICATE SHALL BE REVOKED:
   (A) FOR THE VIOLATION OF ANY PROVISION OF LAW RELATING TO FIREARMS;
   (B) FOR FRAUD, MISREPRESENTATION OR BRIBERY IN THE APPLICATION FOR AND
 ISSUANCE OF THE FIREARMS SAFETY CERTIFICATE;
   (C) IF THE HOLDER IS DISQUALIFIED FROM POSSESSING A FIREARM; OR
   (D)  THE  OCCURRENCE OF ANY CIRCUMSTANCE WHICH WOULD HAVE DISQUALIFIED
 THE HOLDER FROM BEING ISSUED A FIREARMS SAFETY CERTIFICATE.
   12. THIS SECTION SHALL NOT APPLY TO:
   (A) POLICE OFFICERS AS DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION
 1.20  OF THE CRIMINAL PROCEDURE LAW, OR RETIRED POLICE OFFICER, WHO UPON
 SEPARATION FROM A LAW ENFORCEMENT AGENCY  WAS  IMMEDIATELY  ENTITLED  TO
 RECEIVE  RETIREMENT BENEFITS PURSUANT TO THE RETIREMENT AND SOCIAL SECU-
 RITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
   (B) PEACE OFFICERS AS DEFINED IN SECTION 2.10 OF THE  CRIMINAL  PROCE-
 DURE LAW;
   (C)  LICENSED  MANUFACTURERS, TRANSPORTERS AND SELLERS OF FIREARMS WHO
 POSSESS SUCH WEAPONS FOR PURPOSES OF WHOLESALE OR  RETAIL  SALES,  WHILE
 ENGAGED IN THE SCOPE OF THEIR LICENSED ACTIVITIES;
   (D) NONRESIDENTS OF THE STATE PARTICIPATING IN ANY LAWFUL RECREATIONAL
 FIREARMS  RELATED  ACTIVITY, AND WHILE IN THE COURSE OF TRAVELING TO AND
 FROM SUCH RECREATION ACTIVITY; OR
   (E) ANY PERSON WHO TEMPORARILY POSSESSES A FIREARM IN THE RESIDENCE OR
 PLACE OF BUSINESS OF THE HOLDER OF A FIREARMS  SAFETY  CERTIFICATE,  AND
 S. 1701                             5
 
 SUCH  POSSESSION  OCCURS  IN  THE  COURSE OF USING DEADLY PHYSICAL FORCE
 AUTHORIZED BY ARTICLE THIRTY-FIVE OF THIS CHAPTER.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,
 that  the  provisions  of subdivision (3) of section 265.01 of the penal
 law, as added by section one of this act, and subdivision 2  of  section
 400.15  of the penal law, as added by section two of this act, shall not
 apply to any person who possesses a firearm on  the  effective  date  of
 this act, until such person recertifies their license pursuant to subdi-
 vision 10 of section 400.00 of the penal law.