S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3863
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT to amend the penal law, in relation to the recertification proc-
   ess for licenses for firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 5 and 10 of section 400.00 of the penal law,
 subdivision 5 as amended by chapter 1 of the laws of 2013,  subparagraph
 (iii) of paragraph (e) of subdivision 5 as amended by chapter 244 of the
 laws  of  2019, and subdivision 10 as amended by chapter 371 of the laws
 of 2022, are amended to read as follows:
   5. Filing of  approved  applications.  (a)  The  application  for  any
 license,  if  granted,  shall be filed by the licensing officer with the
 clerk of the county of issuance, except that in the  city  of  New  York
 and,  in the counties of Nassau and Suffolk, the licensing officer shall
 designate the place of filing in the  appropriate  division,  bureau  or
 unit  of the police department thereof, and in the county of Suffolk the
 county clerk is hereby authorized to transfer all  records  or  applica-
 tions  relating  to  firearms to the licensing authority of that county.
 Except as provided in paragraphs (b) through [(f)] (E) of this  subdivi-
 sion,  the name and address of any person to whom an application for any
 license has been granted shall be a public record. Upon application by a
 licensee who has changed [his] THEIR place of residence such records  or
 applications  shall  be  transferred  to  the appropriate officer at the
 licensee's new place of residence. A duplicate copy of such  application
 shall  be  filed  by  the licensing officer in the executive department,
 division of state police, Albany, within ten days after issuance of  the
 license.  The  superintendent  of  state  police may designate that such
 application shall be transmitted to the division of state  police  elec-
 tronically.  In  the  event  the superintendent of the division of state
 police determines that it lacks any of the records required to be  filed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07407-01-5
              

 A. 3863                             2
 
 with the division, it may request that such records be provided to it by
 the  appropriate  clerk, department or authority and such clerk, depart-
 ment or authority shall provide the division with such records.  In  the
 event  such clerk, department or authority lacks such records, the divi-
 sion may request the license holder provide  information  sufficient  to
 constitute  such  record and such license holder shall provide the divi-
 sion with such information. Such information shall  be  limited  to  the
 license holder's name, date of birth, gender, race, residential address,
 social  security  number  and firearms possessed by said license holder.
 Nothing in this subdivision shall be construed to change the  expiration
 date  or term of such licenses if otherwise provided for in law. Records
 assembled or collected for purposes of inclusion in the database  estab-
 lished  by  this  section  shall  be released pursuant to a court order.
 Records assembled or collected for purposes of inclusion in the database
 created pursuant to section 400.02 of this chapter shall not be  subject
 to disclosure pursuant to article six of the public officers law.
   (b)  Each  application for a license pursuant to paragraph (a) of this
 subdivision shall include, on a separate written form  prepared  by  the
 division  of  state  police  within thirty days of the effective date of
 [the] chapter ONE of the laws of two thousand thirteen[,  which  amended
 this section,] and provided to the applicant at the same time and in the
 same  manner  as  the  application for a license, an opportunity for the
 applicant to request an exception from [his or  her]  THEIR  application
 information  becoming  public  record  pursuant to paragraph (a) of this
 subdivision. Such forms, which shall also be made available to  individ-
 uals  who  had applied for or been granted a license prior to the effec-
 tive date of [the] chapter ONE of the  laws  of  two  thousand  thirteen
 [which amended this section,] shall notify applicants that, upon discov-
 ery  that an applicant knowingly provided false information, such appli-
 cant may be subject to penalties pursuant  to  section  175.30  of  this
 chapter,  and  further, that [his or her] THEIR request for an exception
 shall be null and void, provided that  written  notice  containing  such
 determination  is  provided  to the applicant. Further, such forms shall
 provide each applicant an opportunity to specify the  grounds  on  which
 [he  or  she]  SUCH  APPLICANT  believes  [his or her] THEIR application
 information should not be publicly disclosed. These grounds, which shall
 be identified on the application with a box beside each for checking, as
 applicable, by the applicant, shall be as follows:
   (i) the applicant's life or safety may  be  endangered  by  disclosure
 because:
   (A)  the applicant is an active or retired police officer, peace offi-
 cer, probation officer, parole officer, or corrections officer;
   (B) the applicant is a protected person under a currently valid  order
 of protection;
   (C) the applicant is or was a witness in a criminal proceeding involv-
 ing a criminal charge;
   (D)  the  applicant  is  participating or previously participated as a
 juror in a criminal proceeding, or is or was a member of a  grand  jury;
 or
   (E) the applicant is a spouse, domestic partner or household member of
 a  person  identified  in this subparagraph or subparagraph (ii) of this
 paragraph, specifying which subparagraph or  subparagraphs  and  clauses
 apply.
   (ii)  the  applicant  has reason to believe [his or her] THEIR life or
 safety may be endangered by disclosure due  to  reasons  stated  by  the
 applicant.
 A. 3863                             3
 
   (iii)  the  applicant  has  reason  to believe [he or she] THEY may be
 subject to unwarranted harassment upon disclosure of such information.
   (c)  [Each form provided for recertification pursuant to paragraph (b)
 of subdivision ten of this section shall include an opportunity for  the
 applicant  to request an exception from the information provided on such
 form becoming public record pursuant to paragraph (a) of  this  subdivi-
 sion.  Such  forms  shall notify applicants that, upon discovery that an
 applicant knowingly provided false information, such  applicant  may  be
 subject  to  penalties  pursuant  to section 175.30 of this chapter, and
 further, that his or her request for an  exception  shall  be  null  and
 void,  provided  that  written  notice  containing such determination is
 provided to the applicant. Further, such forms shall provide each appli-
 cant an opportunity to either decline to request the grant or  continua-
 tion of an exception, or specify the grounds on which he or she believes
 his  or her information should not be publicly disclosed. These grounds,
 which shall be identified in the application with a box beside each  for
 checking, as applicable, by the applicant, shall be the same as provided
 in paragraph (b) of this subdivision.
   (d)]  Information submitted on the forms described in paragraph (b) of
 this subdivision shall be excepted from disclosure and maintained by the
 entity retaining such information separate  and  apart  from  all  other
 records.
   [(e)]  (D) (i) Upon receiving a request for exception from disclosure,
 the licensing officer shall grant such exception, unless the request  is
 determined  to  be  null and void, pursuant to paragraph (b) [or (c)] of
 this subdivision.
   (ii) A request for an exception from disclosure may  be  submitted  at
 any time, including after a license or recertification has been granted.
   (iii)  If an exception is sought and granted pursuant to paragraph (b)
 of this subdivision, the application information  shall  not  be  public
 record,  unless  the  request  is determined to be null and void. [If an
 exception is sought and granted pursuant to paragraph (c) of this subdi-
 vision, the  information  concerning  such  recertification  application
 shall  not be public record, unless the request is determined to be null
 and void.] Notwithstanding the foregoing  provisions  of  this  subpara-
 graph,  local  and state law enforcement shall, upon request, be granted
 access to and copies of such application information provided that  such
 information  obtained  by  law enforcement pursuant to this subparagraph
 shall not be considered a public record of such law enforcement agency.
   [(f)] (E) The information of licensees or  applicants  for  a  license
 shall not be disclosed to the public during the first one hundred twenty
 days  following  the  effective date of [the] chapter ONE of the laws of
 two thousand thirteen[, which amended this section].  After such period,
 the information of those who had applied for or been granted  a  license
 prior to the preparation of the form for requesting an exception, pursu-
 ant  to  paragraph (b) of this subdivision, may be released only if such
 individuals did not file a request for  such  an  exception  during  the
 first  sixty days following such preparation; provided, however, that no
 information contained in an application for licensure or recertification
 shall be disclosed by an entity that has not  completed  processing  any
 such requests received during such sixty days.
   [(g)]  (F)  If a request for an exception is determined to be null and
 void pursuant to paragraph (b) [or (c)] of this subdivision,  an  appli-
 cant may request review of such determination pursuant to article seven-
 ty-eight  of  the  civil  practice [laws] LAW and rules. Such proceeding
 must commence within thirty days after service  of  the  written  notice
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 containing  the  adverse  determination. Notice of the right to commence
 such a petition, and the time period therefor, shall be included in  the
 notice  of the determination. Disclosure following such a petition shall
 not be made prior to the disposition of such review.
   10.  License: expiration, certification and renewal. [(a)] Any license
 for gunsmith or dealer in firearms and, in the city  of  New  York,  any
 license  to  carry  or  possess a pistol or revolver, issued at any time
 pursuant to this section or prior to the first  day  of  July,  nineteen
 hundred  sixty-three  and not limited to expire on an earlier date fixed
 in the license, shall, except as otherwise provided in paragraph (d)  of
 this  subdivision,  expire  not  more than three years after the date of
 issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
 license  to  carry  or  possess a pistol or revolver, issued at any time
 pursuant to this section or prior to the first  day  of  July,  nineteen
 hundred  sixty-three  and not limited to expire on an earlier date fixed
 in the license, shall expire not more than five years after the date  of
 issuance;  however, in the county of Westchester, any such license shall
 be certified prior to the first day of April, two thousand,  in  accord-
 ance  with  a schedule to be contained in regulations promulgated by the
 commissioner of the division of criminal  justice  services,  and  every
 such  license  shall,  except  as otherwise provided in paragraph (d) of
 this subdivision,  be  recertified  every  five  years  thereafter.  For
 purposes  of  this  section  certification  shall mean that the licensee
 shall provide to the licensing officer the following  information  only:
 current name, date of birth, current address, and the make, model, cali-
 ber  and serial number of all firearms currently possessed. Such certif-
 ication information shall be filed by the licensing officer in the  same
 manner  as  an amendment. Elsewhere than in the city of New York and the
 counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
 possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
 section or prior to the first day of July, nineteen hundred  sixty-three
 and  not  previously  revoked or cancelled, shall be in force and effect
 until revoked as herein provided. Any license not  previously  cancelled
 or  revoked shall remain in full force and effect for thirty days beyond
 the stated expiration date on such license. Any application to  renew  a
 license that has not previously expired, been revoked or cancelled shall
 thereby extend the term of the license until disposition of the applica-
 tion  by the licensing officer. In the case of a license for gunsmith or
 dealer in firearms, in counties having a population  of  less  than  two
 hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
 submitted on original applications and upon renewal thereafter at  three
 year  intervals. Upon satisfactory proof that a currently valid original
 license  has  been  despoiled,  lost  or  otherwise  removed  from   the
 possession of the licensee and upon application containing an additional
 photograph  of  the licensee, the licensing officer shall issue a dupli-
 cate license.
   [(b) All licensees shall be  recertified  to  the  division  of  state
 police  every  five  years  thereafter,  except as otherwise provided in
 paragraph (d) of this subdivision. Any license issued before the  effec-
 tive  date  of  the  chapter  of the laws of two thousand thirteen which
 added this paragraph shall be recertified by the licensee on  or  before
 January  thirty-first, two thousand eighteen, and not less than one year
 prior to such date, the state police shall send a notice to all  license
 holders  who  have  not  recertified  by such time. Such recertification
 shall be in a form as approved by the superintendent  of  state  police,
 which  shall  request  the license holder's name, date of birth, gender,
 A. 3863                             5

 race, residential address, social security number, firearms possessed by
 such license holder, email address at the option of the  license  holder
 and  an  affirmation  that  such  license  holder is not prohibited from
 possessing  firearms. The form may be in an electronic form if so desig-
 nated by the superintendent of state police. Failure to recertify  shall
 act  as  a  revocation  of  such  license.  If the New York state police
 discover as a result of the  recertification  process  that  a  licensee
 failed  to  provide a change of address, the New York state police shall
 not require the licensing officer to revoke such license.
   (c) A license to purchase or take possession of a semiautomatic  rifle
 as  defined  in  subdivision two of this section shall be recertified to
 the applicable licensing officer every five years following the issuance
 of such license. Failure to renew such a license shall  be  a  violation
 punishable  by  a fine not to exceed two hundred fifty dollars, and such
 failure to renew shall be  considered  by  the  licensing  officer  when
 reviewing  future license applications by the license holder pursuant to
 this chapter.
   (d) Licenses issued under paragraph (f) of  subdivision  two  of  this
 section  shall  be recertified or renewed in the same form and manner as
 otherwise required by this  subdivision,  provided  however,  that  such
 licenses shall be recertified or renewed every three years following the
 issuance  of  such  license.  For licenses issued prior to the effective
 date of this paragraph that were issued more than three years  prior  to
 such  date, or will expire in less than one year from such date shall be
 recertified or renewed within one year of such date.]
   § 2. This act shall take effect immediately.