S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3127
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  licenses  to  carry  and
   possess firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
 amended  by  chapter  371  of  the  laws  of 2022, is amended to read as
 follows:
   2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
 shall be issued to engage in such business. A license for a semiautomat-
 ic rifle, other than an assault weapon or disguised gun, shall be issued
 to  purchase  or take possession of such a semiautomatic rifle when such
 transfer of ownership occurs on or after [the effective date of  chapter
 two hundred twelve of the laws of] SIXTH DAY OF JUNE, two thousand twen-
 ty-two [that amended this subdivision]. A license for a pistol or revol-
 ver, other than an assault weapon or a disguised gun, shall be issued to
 [(a)  have  and] possess [in his dwelling by a householder; (b) have and
 possess in his place of business by a merchant or storekeeper; (c) have]
 and carry concealed [while so employed by  a  messenger  employed  by  a
 banking  institution or express company; (d) have and carry concealed by
 a justice of the supreme court in the first or second  judicial  depart-
 ments,  or  by  a judge of the New York city civil court or the New York
 city criminal court; (e) have and carry concealed while so employed by a
 regular employee of an institution of the state, or of any county, city,
 town or village, under control of a commissioner of  correction  of  the
 city  or  any warden, superintendent or head keeper of any state prison,
 penitentiary, workhouse,  county  jail  or  other  institution  for  the
 detention  of persons convicted or accused of crime or held as witnesses
 in criminal cases, provided that application is made  therefor  by  such
 commissioner,  warden, superintendent or head keeper; (f) have and carry

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07007-01-5
              

 S. 3127                             2

 concealed,] without regard to employment or place of possession [subject
 to the restrictions of state and federal law, by  any  person;  and  (g)
 have,  possess,  collect  and carry antique pistols which are defined as
 follows:  (i)  any  single shot, muzzle loading pistol with a matchlock,
 flintlock, percussion cap, or similar type of ignition  system  manufac-
 tured  in  or  before  1898,  which is not designed for using rimfire or
 conventional centerfire fixed ammunition; and (ii) any  replica  of  any
 pistol described in clause (i) hereof if such replica;
   (1)  is  not  designed or redesigned for using rimfire or conventional
 centerfire fixed ammunition, or
   (2) uses rimfire or conventional centerfire fixed ammunition which  is
 no  longer  manufactured  in  the United States and which is not readily
 available in the ordinary channels of commercial trade].
   § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
 law,  as  amended by chapter 212 of the laws of 2022, is amended to read
 as follows:
   (a) Applications shall be made and renewed, in the case of  a  license
 to  carry  [or]  AND possess a pistol or revolver or to purchase or take
 possession of a semiautomatic rifle, to the  licensing  officer  in  the
 city  or  county,  as  the  case may be, where the applicant resides, is
 principally employed or has [his or her] THEIR principal place of  busi-
 ness  as  merchant  or  storekeeper;  and,  in  the case of a license as
 gunsmith or dealer in firearms, to  the  licensing  officer  where  such
 place  of  business  is located. Blank applications shall, except in the
 city of New York, be approved as to form by the superintendent of  state
 police.  An  application shall state the full name, date of birth, resi-
 dence, present occupation of each person or individual signing the same,
 whether or not [he or she is] THEY ARE a citizen of the  United  States,
 whether  or  not  [he or she complies] THEY COMPLY with each requirement
 for eligibility specified in subdivision one of this  section  and  such
 other  facts  as  may be required to show the good character, competency
 and integrity of each person or individual signing the  application.  An
 application shall be signed and verified by the applicant. Each individ-
 ual  signing  an  application shall submit one photograph of [himself or
 herself] THEMSELVES and a duplicate for each required copy of the appli-
 cation. Such photographs shall have been taken within thirty days  prior
 to filing the application. In case of a license as gunsmith or dealer in
 firearms,  the photographs submitted shall be two inches square, and the
 application shall also state the previous occupation of each  individual
 signing  the  same and the location of the place of such business, or of
 the bureau, agency, subagency, office or branch  office  for  which  the
 license  is  sought,  specifying  the name of the city, town or village,
 indicating  the  street  and  number  and  otherwise  giving  such   apt
 description  as  to  point  out reasonably the location thereof. In such
 case, if the applicant is a firm, partnership or corporation, its  name,
 date  and  place  of formation, and principal place of business shall be
 stated. For such firm or partnership, the application  shall  be  signed
 and  verified  by  each individual composing or intending to compose the
 same, and for such corporation, by each officer thereof.
   § 3. Subdivision 6 of section 400.00 of the penal law, as  amended  by
 chapter 212 of the laws of 2022, is amended to read as follows:
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance. No license shall be transferable to any other person or premises.
 A license to carry [or] AND possess a pistol or revolver, or to purchase
 or  take  possession of a semiautomatic rifle[, not otherwise limited as
 S. 3127                             3

 to place or time of  possession,]  shall  be  effective  throughout  the
 state,  except  that  the same shall not be valid within the city of New
 York unless a special permit granting validity is issued by  the  police
 commissioner  of that city. Such license to carry [or] AND possess shall
 be valid within the city of New York in the absence of a  permit  issued
 by  the police commissioner of that city, provided that (a) the firearms
 covered by such license have been purchased from a licensed dealer with-
 in the city of New York and are  being  transported  out  of  said  city
 forthwith  and  immediately from said dealer by the licensee in a locked
 container during a continuous and uninterrupted trip; or  provided  that
 (b)  the  firearms  covered by such license are being transported by the
 licensee in a locked container and the trip through the city of New York
 is continuous and uninterrupted;  or  provided  that  (c)  the  firearms
 covered  by  such  license  are  carried  by armored car security guards
 transporting money or other valuables, in, to, or  from  motor  vehicles
 commonly  known  as armored cars, during the course of their employment;
 or provided that (d) the licensee is a retired police officer as  police
 officer  is  defined pursuant to subdivision thirty-four of section 1.20
 of the criminal procedure law or a retired federal law enforcement offi-
 cer, as defined in section 2.15 of the criminal procedure law,  who  has
 been  issued  a license by an authorized licensing officer as defined in
 subdivision ten of section 265.00 of this  chapter;  provided,  further,
 however,  that if such license was not issued in the city of New York it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the license shall be  deemed  to  permit  only  police  or  federal  law
 enforcement  regulations weapons; or provided that (e) the licensee is a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal procedure law and the license, if issued by other than the city  of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such  case  the exemption shall apply only to the firearm issued to such
 licensee by the  department  of  taxation  and  finance.  A  license  as
 gunsmith  or  dealer  in firearms shall not be valid outside the city or
 county, as the case may be, where issued. Notwithstanding any inconsist-
 ent provision of state or local law or rule or regulation, the  premises
 limitation  set  forth  in  any  license to have and possess a pistol or
 revolver in the licensee's dwelling or place  of  business  pursuant  to
 paragraph  (a)  or  (b)  of  subdivision  two  of this section shall not
 prevent the transport of such pistol or revolver directly to or from (i)
 another dwelling or place of business of the licensee where the licensee
 is authorized to have and possess  such  pistol  or  revolver,  (ii)  an
 indoor or outdoor shooting range that is authorized by law to operate as
 such,  (iii)  a  shooting  competition at which the licensee may possess
 such pistol or revolver consistent with the provisions of subdivision  a
 of  section 265.20 of this chapter or consistent with the law applicable
 at the place of such competition, or (iv) any other location  where  the
 licensee  is  lawfully  authorized  to  have  and possess such pistol or
 revolver; provided however, that during such  transport  to  or  from  a
 location  specified  in  clauses (i) through (iv) of this paragraph, the
 pistol or revolver shall be unloaded and carried in a locked  container,
 and  the  ammunition  therefor  shall  be  carried  separately; provided
 further, however, that a license to have and possess a pistol or  revol-
 ver  in  the  licensee's dwelling or place of business pursuant to para-
 graph (a) or (b) of subdivision two of this section that is issued by  a
 licensing  officer other than the police commissioner of the city of New
 York shall not authorize transport of a pistol or revolver into the city
 S. 3127                             4
 
 of New York in the absence of written authorization  to  do  so  by  the
 police  commissioner of that city. The term "locked container" shall not
 include the glove compartment or console of a vehicle.
   §  4.  Subdivision 7 of section 400.00 of the penal law, as separately
 amended by chapters 212 and 669 of the laws of 2022, is amended to  read
 as follows:
   7.  License:  form. Any license issued pursuant to this section shall,
 except in the city of New York, be approved as to  form  by  the  super-
 intendent  of state police. A license to carry [or] AND possess a pistol
 or revolver or to purchase or take possession of a  semiautomatic  rifle
 shall  have attached the licensee's photograph, and a coupon which shall
 be removed and retained by any person disposing  of  a  firearm  to  the
 licensee. A license to carry [or] AND possess a pistol or revolver shall
 specify  the weapon covered by calibre, make, model, manufacturer's name
 and serial number, or if none, by any  other  distinguishing  number  or
 identification  mark[, and shall indicate whether issued to carry on the
 person or possess on the premises, and if on  the  premises  shall  also
 specify  the  place  where the licensee shall possess the same]. If such
 license is issued to a noncitizen, or to a person not a citizen  of  and
 usually  a  resident  in the state, the licensing officer shall state in
 the license the particular reason for the issuance and the names of  the
 persons  certifying  to the good character of the applicant. Any license
 as gunsmith or dealer in firearms shall mention and describe  the  prem-
 ises for which it is issued and shall be valid only for such premises.
   §  5.  Subdivision 9 of section 400.00 of the penal law, as amended by
 chapter 212 of the laws of 2022, is amended to read as follows:
   9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
 person  licensed  to  carry  [or] AND possess a pistol or revolver or to
 purchase or take possession of a semiautomatic rifle may  apply  at  any
 time  to  [his  or her] THEIR licensing officer for amendment of [his or
 her] THEIR license to include one or more  such  weapons  or  to  cancel
 weapons  held  under  license.  If  granted,  a  record of the amendment
 describing the weapons involved shall be filed by the licensing  officer
 in  the  executive  department,  division  of  state police, Albany. The
 superintendent of state police may  authorize  that  such  amendment  be
 completed  and  transmitted  to  the  state  police  in electronic form.
 Notification of any change of residence shall be made in writing by  any
 licensee  within ten days after such change occurs, and a record of such
 change shall be inscribed by such licensee on the reverse side  of  [his
 or  her]  THEIR  license. Elsewhere than in the city of New York, and in
 the counties of Nassau and Suffolk, such notification shall be  made  to
 the  executive  department, division of state police, Albany, and in the
 city of New York to the police commissioner of that  city,  and  in  the
 county  of  Nassau to the police commissioner of that county, and in the
 county of Suffolk to the licensing officer of that  county,  who  shall,
 within  ten  days  after  such notification shall be received by [him or
 her] THEM, give notice in  writing  of  such  change  to  the  executive
 department, division of state police, at Albany.
   §  6.  Paragraph  (a) of subdivision 10 of section 400.00 of the penal
 law, as amended by chapter 371 of the laws of 2022, is amended  to  read
 as follows:
   (a) Any license for gunsmith or dealer in firearms and, in the city of
 New  York,  any  license to carry [or] AND 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
 S. 3127                             5
 
 in paragraph (d) of this subdivision, expire not more than  three  years
 after the date of issuance. In the counties of Nassau, Suffolk and West-
 chester,  any  license  to  carry [or] AND 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 accordance 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 ther-
 eafter.  For  purposes of this section certification shall mean that the
 licensee shall provide to the licensing officer the  following  informa-
 tion  only:  current name, date of birth, current address, and the make,
 model, caliber and serial number of all  firearms  currently  possessed.
 Such  certification  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] AND 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  application  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.
   §  7. Subdivision 12 of section 400.00 of the penal law, as amended by
 chapter 207 of the laws of 2022, is amended to read as follows:
   12. Records required of gunsmiths and dealers in firearms. In addition
 to the requirements set forth in article thirty-nine-BB of  the  general
 business  law,  any  person  licensed  as gunsmith or dealer in firearms
 shall keep a record book approved as to form, except in the city of  New
 York, by the superintendent of state police. In the record book shall be
 entered  at  the time of every transaction involving a firearm the date,
 name, age, occupation and residence of any person from whom a firearm is
 received or to whom a firearm  is  delivered,  and  the  calibre,  make,
 model,  manufacturer's  name  and  serial  number, or if none, any other
 distinguishing number or identification mark  on  such  firearm.  Before
 delivering  a  firearm  to  any person, the licensee shall require [him]
 SUCH PERSON to produce either a license  valid  under  this  section  to
 carry  [or]  AND  possess  the  same, or proof of lawful authority as an
 exempt person pursuant to section 265.20 of this chapter and either  (a)
 the  National  Instant  Criminal  Background  Check System (NICS) or its
 successor has issued a "proceed" response to the licensee, or (b) thirty
 calendar days have elapsed since the date the licensee contacted NICS to
 initiate a national instant criminal background check and NICS  has  not
 S. 3127                             6
 
 notified  the  licensee  that the transfer of the firearm to such person
 should be denied. In addition, before delivering a firearm  to  a  peace
 officer, the licensee shall verify that person's status as a peace offi-
 cer  with  the division of state police. After completing the foregoing,
 the licensee shall remove and retain the attached coupon  and  enter  in
 the  record  book  the date of such license, number, if any, and name of
 the licensing officer, in the case of the holder of a license  to  carry
 [or]  AND possess, or the shield or other number, if any, assignment and
 department, unit or agency,  in  the  case  of  an  exempt  person.  The
 original  transaction report shall be forwarded to the division of state
 police within ten days of delivering a firearm  to  any  person,  and  a
 duplicate  copy  shall  be  kept  by the licensee. The superintendent of
 state police may designate that such record shall be completed and tran-
 smitted in electronic form. A dealer may be granted a waiver from trans-
 mitting such records in electronic form if the superintendent determines
 that such dealer is incapable of such transmission due to  technological
 limitations that are not reasonably within the control of the dealer, or
 other  exceptional circumstances demonstrated by the dealer, pursuant to
 a process established in regulation, and at the discretion of the super-
 intendent.  Records assembled or collected for purposes of inclusion  in
 the  database  created  pursuant to section 400.02 of this article shall
 not be subject to disclosure pursuant to article six of the public offi-
 cers law. The record book shall be maintained on the premises  mentioned
 and  described  in the license and shall be open at all reasonable hours
 for inspection by any peace officer,  acting  pursuant  to  [his]  THEIR
 special duties, or police officer. In the event of cancellation or revo-
 cation  of the license for gunsmith or dealer in firearms, or discontin-
 uance of business by a licensee, such record book shall  be  immediately
 surrendered to the licensing officer in the city of New York, and in the
 counties of Nassau and Suffolk, and elsewhere in the state to the execu-
 tive department, division of state police.
   §  8. Subdivision 14 of section 400.00 of the penal law, as amended by
 chapter 429 of the laws of 2023, is amended to read as follows:
   14. Fees. In the city of New York and the counties of Nassau and West-
 chester, the  annual  license  fee  shall  be  twenty-five  dollars  for
 gunsmiths  and  fifty dollars for dealers in firearms. In such city, the
 city council and in the counties of Nassau and Westchester the  legisla-
 tive  body  of such county shall fix the fee to be charged for a license
 to carry [or] AND possess a pistol or revolver or to  purchase  or  take
 possession  of  a semiautomatic rifle and provide for the disposition of
 such fees. Elsewhere in the state, the licensing officer  shall  collect
 and pay into the county treasury the following fees: for each license to
 carry  [or]  AND  possess  a  pistol  or revolver or to purchase or take
 possession of a semiautomatic rifle, not less  than  three  dollars  nor
 more  than  ten  dollars as may be determined by the legislative body of
 the county; for each amendment thereto, three dollars, and five  dollars
 in  the  county of Suffolk; and for each license issued to a gunsmith or
 dealer in firearms, ten dollars. The fee for a duplicate  license  shall
 be five dollars. The fee for processing a license transfer between coun-
 ties  shall be five dollars. The fee for processing a license or renewal
 thereof for a qualified retired police officer as defined under subdivi-
 sion thirty-four of section 1.20 of the criminal  procedure  law,  or  a
 qualified  retired  sheriff, undersheriff, or deputy sheriff of the city
 of New York as defined under subdivision two  of  section  2.10  of  the
 criminal  procedure  law, or a qualified retired bridge and tunnel offi-
 cer, sergeant or lieutenant of the triborough bridge and tunnel authori-
 S. 3127                             7
 
 ty as defined under subdivision twenty of section 2.10 of  the  criminal
 procedure  law,  or  a  qualified retired uniformed court officer in the
 unified court system, or a qualified retired court clerk in the  unified
 court system in the first and second judicial departments, as defined in
 paragraphs  a  and  b  of  subdivision twenty-one of section 2.10 of the
 criminal procedure law or a retired correction  officer  as  defined  in
 subdivision  twenty-five  of  section 2.10 of the criminal procedure law
 shall be waived in all counties throughout the state.
   § 9. This act shall take effect immediately and  shall  apply  to  all
 licenses held and issued on and after such date.