Relates to expiration and renewal provisions of certain firearms licenses; shortens length of certification in NYC from three years to two; Westchester, Nassau and Suffolk from five to two and all other places in the state from six to two years.

---

S5914A-2011 Actions

• Jan 20, 2012: PRINT NUMBER 5914A
• Jan 20, 2012: AMEND AND RECOMMIT TO CODES
• Jan 4, 2012: REFERRED TO CODES
• Oct 19, 2011: REFERRED TO RULES

S5914A-2011 Memo

BILL NUMBER:S5914A

TITLE OF BILL:
An act
to amend the penal law, in relation to expiration and renewal provisions
of certain firearms licenses

PURPOSE:
Extends statewide, the requirement that a license to carry or possess
a firearm be renewed every 2 years.

SUMMARY OF SPECIFIC PROVISIONS:
Section one: Amends subdivision 10 of section 400.00 of the penal law
to extend license expiration and renewal regulations for pistols or
revolvers.

Any license to carry or possess a pistol or revolver, shall expire not
more than two years after the date of issuance.

Section two: The bill takes effect immediately.

JUSTIFICATION:
New York state requires individuals to obtain a license in order to
lawfully carry or possess a firearm. Prior to the issuance of such
license, an investigation must be conducted by law enforcement
officers to verify that all statements in the applicant's license
application are true. Typically, the investigating officer interviews
the references named in the application. In addition, records of the
department of mental hygiene must be made available for inspection by
such officer and fingerprints must be taken from the applicant in
order to conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester
and the city of New York, once a license to carry or possess a
firearm has been issued, the license is permanent unless otherwise
revoked or suspended. There is no opportunity for the licensing
officer to determine whether the conditions that existed at the time
of the issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION
THAT THE LICENSE IS STILL QUALIFIED TO HAVE A FIREARM:
Without a renewal system, certain criminal convictions obtained after
the issuance of a firearm and/or development of mental illness by the
licensee - changes in conditions that could result in a license
revocation or denial of a license renewal - may go undetected.

RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING
INFORMATION:
Such information includes the licensee's current name and address, and
the make, caliber and serial number of all firearms possessed without
a renewal system. licensees who move out-of-state - a change in
conditions that could result in license revocation or denial of a
license renewal may go undetected.


REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE
FOR LICENSEES TO COMPLY WITH THE TERMS OF THEIR LICENSES:
Without a renewal system, licensees are less likely to update their
licensing information.

RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING
SYSTEM:
Without a renewal system, there is no opportunity for licensing
officers to determine whether licensees remain in compliance with the
terms of their licensees.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
Immediately.

S5914A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5914--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              October 19, 2011
                                 ___________

  Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
    printed  to  be  committed to the Committee on Rules -- recommitted to
    the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee

  AN ACT to amend the penal law, in relation  to  expiration  and  renewal
    provisions of certain firearms licenses

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 10 of section  400.00  of  the  penal  law,  as
  amended  by  chapter  447  of  the  laws  of 1997, is amended to read as
  follows:

    10. License: expiration, certification and renewal.  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 expire not more than [three] TWO 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] TWO years after the date of issuance; howev-
  er, 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 be recertified every [five] TWO 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, caliber and  serial

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13545-02-2

 S. 5914--A                          2

  number  of all firearms currently possessed. Such certification informa-
  tion 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 previous-
  ly revoked or cancelled, shall be in force and effect until  revoked  as
  herein  provided.  ELSEWHERE  THAN  IN THE CITY OF NEW YORK, COUNTIES OF
  NASSAU, SUFFOLK OR 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 TWO YEARS AFTER THE DATE OF ISSUANCE. 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
  only  at  [six]  TWO  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 offi-
  cer shall issue a duplicate license.
    S 2. This act shall take effect immediately.