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

                                  3379

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 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,
as  amended  by  chapter  1  of the laws of 2013, 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 place of residence such records or applica-
tions 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 electronically. In the
event the superintendent of the division of state police determines that
it lacks any of the records required to be filed with the  division,  it
may  request  that  such  records  be  provided to it by the appropriate
clerk, department or authority and such clerk, department  or  authority
shall  provide  the division with such records. In the event such clerk,
department or authority lacks such records, the division may request the
license holder provide information sufficient to constitute such  record

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08791-01-5

S. 3379                             2

and  such  license  holder shall provide the division with such informa-
tion. 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 subdivi-
sion 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 established 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  application  informa-
tion  becoming  public record pursuant to paragraph (a) of this subdivi-
sion. Such forms, which shall also be made available to individuals  who
had applied for or been granted a license prior to the effective date of
[the]  chapter  ONE  of the laws of two thousand thirteen, which amended
this section, 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 specify the grounds on which he or she believes
his or her 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 life or safety may
be endangered by disclosure due to reasons stated by the applicant.
  (iii) the applicant has reason to believe he or she 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-

S. 3379                             3

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.]
  [(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
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 expire not more than three years after the date of

S. 3379                             4

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  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 only at
six 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. 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,
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.]
  S 2. This act shall take effect immediately.