Bill S1796A-2013

Relates to expiration and renewal provisions of certain firearms licenses

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Feb 12, 2013: PRINT NUMBER 1796A
  • Feb 12, 2013: AMEND AND RECOMMIT TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1796A

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, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 1796--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. ESPAILLAT, KRUEGER, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- 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
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. Subdivision 10 of section 400.00 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows: 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 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; however, in the county of Westchester, any such license shall be certified prior to the first day of April, two thou- sand, 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 number of all firearms currently possessed. Such certification information shall be filed by the licens- ing 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. 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 licens- ing officer. In the case of a license for gunsmith or dealer in firearms, in counties having a population of less than two hundred thou- sand 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 officer shall issue a dupli- cate license. (b) All licensees shall be recertified to the division of state police every [five] TWO years thereafter. Any license issued before the effec- tive date of [the] chapter ONE 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] FIFTEEN, 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 superinten- dent of state police, which shall request the license holder's name, date of birth, gender, 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 elec- tronic form if so designated 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 proc- ess 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. S 3. This act shall take effect immediately; provided, however that section two of this act shall take effect on the same date and in the same manner as section 48 of chapter 1 of the laws of 2013, takes effect.

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