Relates to confidentiality of information contained in pistol license; applications for pistol licenses and any information within the application, provided to law enforcement, to licensing officer or obtained for investigation of the applicant, shall be confidential.

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S2360-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 19, 2011: REFERRED TO CODES

S2360-2011 Memo

BILL NUMBER:S2360

TITLE OF BILL:
An act
to amend the penal law, in relation to confidentiality of information
contained in an application for a pistol license

PURPOSE:
To enhance the personal privacy rights of pistol licensees.

SUMMARY OF PROVISIONS:
The bill prohibits the public disclosure
of information in an application for a pistol license with
exceptions for prosecutors and police conducting an active
investigation.

JUSTIFICATION:
Someone who applies for a license to carry or possess a
handgun pursuant to the Penal Law completes an application and
undergoes a rigorous and thorough background investigation that will
include collection of fingerprints, references, and other personal
information. An applicant's file, once the license is granted by the
licensing officer, may contain material and notes compiled by police
agencies performing a background check. The file may be updated
periodically to include the kinds and numbers of firearms registered
to the applicant.

The recent publication of the names and addresses of pistol licensees
in a three county area demonstrates the need to preserve the privacy
of licensees. Dissemination of the names and addresses of
pistol licensees identifies -- right down to street addresses --
likely gun owners from whom criminals can steal guns. Guns stolen
from lawful owners can find their way onto the streets and may be
used in the commission of crimes. Preventing the theft of guns and
their criminal misuse is an important public policy goal and the bill
will protect lawful gun owners from being targeted by thieves for gun
burglaries and remove an important source of information for criminals.

LEGISLATIVE HISTORY:
S.7911 of 2010; S.2733/A.10151 of 2007-08.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2360-2011 Text

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

                                    2360

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 19, 2011
                                 ___________

  Introduced  by  Sens.  SEWARD,  DeFRANCISCO,  JOHNSON,  LARKIN,  O'MARA,
    RANZENHOFER -- 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 confidentiality of infor-
    mation contained in an application for a pistol license

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


    Section  1.  Subdivision  5  of  section  400.00  of the penal law, as
  amended by chapter 332 of the laws  of  1994,  is  amended  to  read  as
  follows:

    5.  Filing  of approved applications. 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 applications relating to
  firearms to the licensing  authority  of  that  county.  [The  name  and
  address  of  any  person to whom an application for any license has been
  granted shall be a public record.] AN APPLICATION FOR A PISTOL  LICENSE,
  AND  ALL  INFORMATION CONTAINED WITHIN SUCH APPLICATION, ALL INFORMATION
  PROVIDED TO A LAW  ENFORCEMENT  OFFICER  OR  THE  LICENSING  OFFICER  OR
  OBTAINED  BY A LAW ENFORCEMENT OFFICER IN THE COURSE OF AN INVESTIGATION
  OF AN APPLICANT, ARE CONFIDENTIAL. ANY RECORD REGARDING AN APPLICANT  OR
  LICENSEE  MAY  ONLY  BE  RELEASED  TO  A  LAW ENFORCEMENT AGENCY FOR THE
  PURPOSE OF CONDUCTING AN INVESTIGATION OR PROSECUTION. Upon  application
  by  a  licensee  who  has changed his 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02237-01-1

 S. 2360                             2

  license. Nothing in this subdivision shall be construed  to  change  the
  expiration  date  or  term of such licenses if otherwise provided for in
  law.
    S 2. This act shall take effect immediately.