S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    360
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00556-01-5
 A. 360                              2
 
 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] THEIR citizenship; (i) who has stated whether [he
 or  she has] THEY HAVE 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 treat-
 ment 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 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]
 THEIR 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,  mainte-
 nance  and  storage  of  a  firearm;  (ii)  persons who were licensed to
 possess a pistol or revolver prior to [the effective date of this  para-
 graph]  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 subdivision two of this
 section prior to [the effective date of the laws of two  thousand  twen-
 ty-two which amended this paragraph] JULY FIRST, TWO THOUSAND TWENTY-TWO
 shall be required to complete the training required by subdivision nine-
 teen  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] THEM
 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] THEY LACK the mental
 capacity to contract or manage [his or her] THEIR 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
 A. 360                              3
 
 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 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 THEY ANTICIPATE PURCHASING, POSSESSING OR ACQUIRING; AND
 (Q) HAS PURCHASED A SAFE STORAGE DEPOSITORY FOR THEIR FIREARMS AND AMMU-
 NITION  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 WITH-
 OUT 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]  THEIR  name
 and  endorsed  and  affirmed  under  the  penalties of perjury by a duly
 authorized 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 THEY HAVE
 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 THEIR 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
 A. 360                              4
 
 NATIONAL  GUARD  OF THE STATE OF NEW YORK, AND PRODUCE EVIDENCE OF OFFI-
 CIAL 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 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  THEY  ANTICIPATE
 PURCHASING,  POSSESSING  OR  ACQUIRING; (E) WHO DOES NOT HAVE A CRIMINAL
 RECORD WHICH WOULD OTHERWISE DISQUALIFY THEM FROM PURCHASING  A  SHOTGUN
 OR  RIFLE;  AND  (F)  HAS  PURCHASED A SAFE STORAGE DEPOSITORY FOR THEIR
 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 INCA-
 PABLE 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.
   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  THEIR 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 APPROPRI-
 ATE. 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:
 A. 360                              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 THEY MEET 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.