S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1905
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the family court act, the penal law and the civil prac-
   tice law and rules, in relation to allowing access to juvenile  delin-
   quency  records  for  the  purposes  of a firearm background check and
   authorizing the denial of a firearm license for an  applicant  who  is
   under  the  age of thirty and who as a juvenile was adjudicated delin-
   quent for an offense which, if committed by an adult, would constitute
   a felony or serious offense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4 of section 380.1 of the family court act, as
 amended by chapter 37 of the  laws  of  2016,  is  amended  to  read  as
 follows:
   4.  Notwithstanding  any  other  provision  of law, where a finding of
 juvenile  delinquency  has  been  entered,  upon  request,  the  records
 pertaining  to  such case shall be made available to the commissioner of
 mental health or the commissioner [of]  FOR  PEOPLE  WITH  developmental
 disabilities,  as appropriate; the case review panel; [and] the attorney
 general pursuant to  section  10.05  of  the  mental  hygiene  law;  THE
 NATIONAL  INSTANT  CRIMINAL BACKGROUND CHECK SYSTEM IN CONNECTION WITH A
 BACKGROUND CHECK CONDUCTED ON A PERSON UNDER  TWENTY-TWO  YEARS  OF  AGE
 PURSUANT TO 18 U.S.C. § 922(T)(1)(C) AND 34 U.S.C. § 40901(1); THE DIVI-
 SION  OF STATE POLICE IN CONNECTION WITH A BACKGROUND CHECK CONDUCTED ON
 A PERSON UNDER THIRTY YEARS OF AGE PURSUANT TO SECTION TWO HUNDRED TWEN-
 TY-EIGHT OF THE EXECUTIVE LAW; A LICENSING OFFICER PURSUANT TO AN INVES-
 TIGATION OF AN APPLICANT WHO IS UNDER THE AGE OF THIRTY FOR A LICENSE TO
 BE ISSUED OR RENEWED UNDER SUBDIVISION ONE  OF  SECTION  400.00  OF  THE
 PENAL LAW; AND A LAW ENFORCEMENT AGENCY DIRECTED BY A COURT TO CONDUCT A
 BACKGROUND  INVESTIGATION  IN  A  PROCEEDING  UNDER  SECTION SIXTY-THREE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04784-01-5
 A. 1905                             2
              

 
 HUNDRED FORTY-TWO OF THE  CIVIL  PRACTICE  LAW  AND  RULES  REGARDING  A
 RESPONDENT IN SUCH PROCEEDING WHO IS UNDER THE AGE OF THIRTY.
   §  2. Section 381.2 of the family court act is amended by adding a new
 subdivision 3 to read as follows:
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  LAW  ENFORCEMENT  AGENCY  DIRECTED BY A COURT TO CONDUCT A BACKGROUND
 INVESTIGATION IN A PROCEEDING UNDER SECTION SIXTY-THREE  HUNDRED  FORTY-
 TWO  OF  THE CIVIL PRACTICE LAW AND RULES REGARDING A RESPONDENT IN SUCH
 PROCEEDING WHO IS UNDER THE AGE OF THIRTY, MAY RECEIVE AND CONSIDER  THE
 RECORDS  AND  INFORMATION  ON  FILE  WITH  THE FAMILY COURT, UNLESS SUCH
 RECORDS AND INFORMATION HAVE BEEN SEALED PURSUANT TO  SECTION  375.1  OF
 THIS ARTICLE.
   §  3. Subdivision 2 of section 381.3 of the family court act, as added
 by chapter 920 of the laws of 1982 and paragraph (b) as amended by chap-
 ter 926 of the laws of 1982, is amended to read as follows:
   2. Notwithstanding the provisions of subdivision one OF THIS  SECTION,
 the  family  court  in  the county in which the petition was adjudicated
 may, upon motion and for good cause shown, order such records open:
   (a) to the respondent or  [his]  THE  RESPONDENT'S  parent  or  person
 responsible for [his] THE RESPONDENT'S care; [or]
   (b) if the respondent is subsequently convicted of a crime, to a judge
 of  the  court  in  which [he] THE RESPONDENT was convicted, unless such
 record has been sealed pursuant to section 375.1 OF THIS ARTICLE ; OR
   (C) TO THE DIVISION OF STATE POLICE IN CONNECTION  WITH  A  BACKGROUND
 CHECK  CONDUCTED  ON  A  PERSON  UNDER  THIRTY  YEARS OF AGE PURSUANT TO
 SECTION TWO HUNDRED TWENTY-EIGHT OF THE EXECUTIVE LAW.
   § 4. 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]  JUDGMENT 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 AN
 APPLICANT WHO IS UNDER THE AGE OF THIRTY AND WHO AS A JUVENILE WAS ADJU-
 DICATED DELINQUENT FOR AN OFFENSE WHICH, IF COMMITTED BY AN ADULT, WOULD
 CONSTITUTE A FELONY OR SERIOUS OFFENSE; (E) who is not a  fugitive  from
 justice;  [(e)]  (F)  who  is not an unlawful user of or addicted to any
 controlled substance as defined in section 21 U.S.C. 802; [(f)] (G)  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 nonim-
 migrant visa subject to the exception in 18 U.S.C. 922(y)(2); [(g)]  (H)
 who  has  not  been  discharged from the Armed Forces under dishonorable
 conditions; [(h)] (I) who, having been a citizen of the  United  States,
 has  not  renounced [his or her] SUCH APPLICANT'S citizenship; [(i)] (J)
 who has stated whether [he or she] SUCH APPLICANT has ever suffered  any
 A. 1905                             3
 
 mental  illness; [(j)] (K) 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)] (L) 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)]
 (M) 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] SUCH APPLICANT'S 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 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 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)] (N) who has not had a guardian appointed for  [him  or  her]  SUCH
 APPLICANT  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]
 SUCH APPLICANT lacks the mental capacity to contract or manage  [his  or
 her]  SUCH APPLICANT'S own affairs; [(n)] (O) 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  intoxi-
 cated,  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)] (P) 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 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 chil-
 dren  of  the  applicant,  and whether or not there are minors residing,
 A. 1905                             4
 
 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) certification of completion of the training required  in  subdivi-
 sion  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] APPLICANT'S character and conduct
 as required in subparagraph (ii) of this paragraph; and (v)  such  other
 information  required by the licensing officer that is reasonably neces-
 sary and related to the review of the licensing application.
   § 5. Subdivision 9 of section 6342  of  the  civil  practice  law  and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   9.  (A) Upon issuance of a temporary extreme risk protection order, or
 upon setting a hearing for a final extreme risk protection order where a
 temporary order is denied or not requested, the court shall  direct  the
 law  enforcement  agency  having  jurisdiction  to  conduct a background
 investigation and report to the court and, subject  to  any  appropriate
 redactions  to  protect  any  person,  each  party regarding whether the
 respondent:
   [(a)] (I) has any prior criminal conviction for an  offense  involving
 domestic violence, use of a weapon, or other violence;
   [(b)]  (II)  has  any  criminal  charge or violation currently pending
 against [him or her] THE RESPONDENT;
   [(c)] (III) is currently on parole or probation;
   [(d)] (IV) possesses any registered firearms, rifles or shotguns; and
   [(e)] (V) has been, or is, subject to any order of protection  or  has
 violated or allegedly violated any order of protection.
   (B)  IF  THE  RESPONDENT  IS  UNDER  THE  AGE OF THIRTY, INVESTIGATION
 REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL ALSO REPORT  TO  THE
 COURT  AND  SUBJECT TO ANY APPROPRIATE REDACTIONS TO PROTECT ANY PERSON,
 EACH PARTY REGARDING WHETHER THE RESPONDENT:
   (I) AS A JUVENILE WAS ADJUDICATED DELINQUENT FOR AN OFFENSE WHICH,  IF
 COMMITTED  BY  AN  ADULT, WOULD CONSTITUTE AN OFFENSE INVOLVING DOMESTIC
 VIOLENCE, USE OF A WEAPON, OR OTHER VIOLENCE; AND
   (II) HAS ANY JUVENILE DELINQUENCY PROCEEDING CURRENTLY PENDING AGAINST
 SUCH RESPONDENT.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.