S3948-2013 Actions

• Feb 28, 2013: REFERRED TO JUDICIARY

S3948-2013 Memo

BILL NUMBER:S3948

TITLE OF BILL:  An act to amend the family court act, in relation to
the suspension and revocation of a license to carry firearms; to amend
the domestic relations law, in relation to orders of protection; to
amend the penal law, in relation to the applicability of certain
provisions of the penal law, large capacity ammunition feeding
devices, and gun licenses; to amend section 58 of chapter 1 of the
laws of 2013 amending the criminal procedure law and other laws
relating to suspension and revocation of firearms licenses; private
sale or disposal of firearms, rifles or shotguns and establishing a
minimum age to possess a firearm, in relation to the effectiveness
thereof; and to repeal article 39-DDD of the general business law
relating to the private sale or disposal of firearms, rifles and
shotguns, section 9.46 of the mental hygiene law relating to reports
of substantial risk or threat of harm by mental health professionals,
sections 37, 38, 46 and 51 of chapter 1 of the laws of 2013, amending
the criminal procedure law and other laws relating to suspension and
revocation of firearms licenses; private sale or disposal of firearms,
rifles or shotguns and establishing a minimum age to possess a firearm
relating to gun control, section 265.01-b of the penal law relating to
criminal possession of a firearm, section 265.36 of the penal law
relating to unlawful possession of a large capacity ammunition feeding
device, 265.37 of the penal law relating to unlawful possession of
certain ammunition feeding devices, 265.45 of the penal law relating
to the safe storage of rifles, shotguns, and firearms, 400.02 of the
penal law relating to the statewide license and record database and
400.03 of the penal law relating to sellers of ammunition, and section
2509 of the surrogate's court procedure act relating to a firearms
inventory

PURPOSE: This bill seeks to amend or repeal those sections of the NY
SAFE Act that are of questionable legality or which present practical
problems for mental health officials or law enforcement and those
sections that impose an unfunded mandate on local governments.

SUMMARY OF PROVISIONS:

Section 1 of the bill seeks to amend section 446-a of the Family Court
Act to clarify that the Family Court Judge can determine to suspend or
revoke the license to carry, possess, repair or dispose of a firearm
or the eligibility for such a license when issuing an order of
protection; this is particularly important in the case of a temporary
order where suspension, rather than revocation may be most appropriate
until all facts are known or adjudicated

Section 2 makes the same amendment to 552 of the Family Court Act as
section 1 does for section 446 for much the same reasons. Depending on
the nature of the violation, the Family Court Judge should decide
whether suspension or revocation is appropriate.

Sections 3, 4, 5 and 6 make the same amendments as sections 1 and 2
for similar reasons.

Section 7 repeals section 17 of the SAFE act which added a new Article
39-DDD to the General Business Law. While there is some merit to


requiring a background check for sales or exchanges of certain
weapons, the SAFE act presumes that licensed dealers will be willing
to perform the background check, complete the necessary paperwork and
maintain records of such transaction and assume the liability therefor
for a fee not to exceed ten ($10.00) dollars per transaction. At a
time when the minimum wage is proposed to be increased to $9.00 per
hour this is unrealistic If the dealer were to charge more than ten
($10) dollars, the dealer would violate the law and commit a
misdemeanor, punishable by up to one year in jail. It is more probable
that no dealers would consent to undertake these tasks for the limited
fee authorized and the individual seller would be left without the
ability to transfer the weapon or risk punishment for a class A
misdemeanor by transferring the weapon without a dealer's involvement.

Section 8 of this bill repeals section 20 of the SAFE Act. While
undoubtedly well intended, the new section 9.46 added to the Mental
Hygiene Law has been opposed by some organizations of mental health
professionals because it may deter individuals from seeking
professional help or from fully disclosing their intentions to their
mental health professional. There is further opposition to this
provision on the basis that it reinforces stereotypes of persons with
mental illness as dangerous To add to the problems with this
provision, it would appear to be an unfunded mandate. If just all
hospital admissions to psychiatric units (presumably because the
individual is likely to engage in conduct that would result in harm to
himself/herself or another) required a MHL 9.46 report, there would be
over 200.000 reports annually in the state to be received, evaluated
and passed on to DCJS. County mental health offices are not equipped
to handle this flood of new work and would have to hire at least
hundreds of new staff without a revenue stream. Lastly, while MHL 9.46
protects the mental health professional from civil or criminal
liability, no such protection is afforded the directors of community
services or their counties

Section 9 of this bill will repeal section 37 of the SAFE Act which
redefined an "assault weapon" by stating that a semiautomatic rifle or
pistol that has an ability to accept a detachable magazine (regardless
of size) or a semiautomatic shotgun, either of which has only one of
the characteristics listed in the statute, such as a folding or
telescoping stock, would now be defined as an "assault weapon". These
artificial distinctions would re-classify a large number of the
weapons currently owned by law abiding citizens for sporting and
personal protection, arguably infringing upon the rights guaranteed
them by the Second Amendment to the U.S. Constitution and Article 2,
section 4 of the New York Civil Rights Law.

Section 9 of this bill will also repeal section 38 of the SAFE Act
which redefines "large capacity ammunition feeding device" to include
those that can accept more than seven rounds of ammunition Section 38
contains measures that would be extremely burdensome to enforce and
would create new "New York only" manufacturing standards on
manufacturers of ammunition feeding devices. The SAFE act also does
not contain appropriate exemptions for police, military and other
government agencies.

Section 9 of this bill also repeals the amendment to paragraph 3 of
subdivision a of section 265.20 of the Penal Law contained in section


46 of the SAFE Act as it refers to the registration of firearms, that
by the repeal of other sections would no longer be required. This
section also repeals new paragraph 7-f as that exemption would no
longer be needed with the repeal of sections dealing with the
possession of ammunition feeding devices capable of holding more than
seven rounds.

Section 9 additionally repeals section 51 of the SAFE Act which would
criminalize the failure of a gun owner to report the loss or theft of
a gun to a police department within twenty-four hours of discovery by
making it a class A misdemeanor, punishable by up to a year in jail
Previously, such a failure was only punishable by a fine not to exceed
one hundred dollars. This amendment criminalizes this failure or
omission to act, without requiring knowledge or intent on the part of
the person failing to act and without regard to his or her ability to
act. Conceivably, a victim of a robbery, hospitalized as a result of
injuries sustained in the robbery for more than 24 hours, could be
guilty of failing to make a timely report

Section 10 of this bill amends paragraph a of section 265.20 of the
Penal Law to add the provisions of section 265.01-a, added by section
41 of the SAFE Act, to the list of sections that do not apply to law
enforcement. Without this amendment, a law enforcement officer could
be prosecuted for having a weapon on school grounds.

Section 11 of this bill would repeal section 41-a of the SAFE Act
which would criminalize the possession of a firearm, which would
include the newly defined "assault weapon" and make the failure to
register a firearm, including the newly defined assault weapon, a
felony crime. The latter provision of the SAFE Act could result in
thousands of otherwise law abiding New Yorkers being subject to felony
prosecution if they fail, refuse or neglect to register weapons that
are now legal. This section is of questionable constitutional validity
and appears in conflict with the New York Civil Rights Law.

Section 11 of this bill also repeals section 46-a of the SAFE Act
which would make possession of a newly defined large capacity
ammunition feeding device a crime The reasons for repeal are the same
as stated in section 10 above.

Section 11 of this bill also repeals section 47 of the SAFE Act which
added a new requirement for the storage of rifles, shotguns and
firearms. While this section of the SAFE Act is well intentioned, it
was not fully thought out and contains practical problems that could
unintentionally subject otherwise law abiding citizens to criminal
prosecution. The provisions of the SAFE Act would seem to require that
persons living with someone prohibited from possessing a firearm would
have to use a gun locking device or lock his or her weapons in a "safe
storage depository" nearly all of the time, which would seemingly
prevent such weapons from being immediately available for
self-defense, the defense of others or the protection of home
invasion.

Section 11 of this bill would repeal section 49 of the SAFE Act which
would create a new statewide license and record database, This
database would cost approximately $32.7 million, according to the
Executive's proposed 2013-14 budget. While the creation of the


database is well-intended, the chilling effect on the rights of legal
gun owners imposed by the additional records maintained in this
database, outweighs its benefit

Section 11 repeals section 50 of the SAFE Act which would impose a new
requirement on sellers of ammunition to record, in detail, every
ammunition sale and clear every transaction through the proposed,
to-be-established statewide license and record database. This is a new
mandate on ammunition sellers and purchasers, regardless of the type
of ammunition or quantity, which will result in tens of thousands of
new records required to be kept. The likely impact will be additional
costs to New York business owners, a chilling effect on the rights of
New York gun owners exercise of their legal rights and the shift of
ammunition purchases out of state.

Section 12 of this bill repeals the amendments to subdivision (8) of
section 265.02 of the Penal Law, added by section 41-b of the SAFE
Act, as that section would criminalize the possession of the newly
defined "large capacity ammunition feeding device".

Section 13 of this bill repeals those amendments of section 48 of the
SAFE Act that create a new firearm licensing system. The Executive's
proposed 2013-14 budget estimates the cost of this new system at $35.9
million at a time when the state is struggling to meet the challenges
of our current economic climate and faces significant cuts in federal
assistance. Additionally, this system would seem duplicative of the
record keeping of county clerks and separate from any national gun
registration database. The SAFE Act additionally establishes a complex
system for certain gun owners to request that their license
information to be withheld from disclosure. This issue is dealt with
more simply in this bill by making license information not subject to
FOIL, The reason for exempting this information arc ninny and varied
and have been the subject of much media attention since the disclosure
by a Hudson Valley newspaper of the names and addresses of those in
certain counties that had pistol permits The potential harm to police
officers, corrections officers, parole officers, federal agents,
judges, victims of domestic violence and others outweighs the need for
public disclosure of this information.  These license holders have
committed no crime, in fact, they have submitted to a background
investigation in order to get their licenses so sufficient safeguards
are in place obviating the need for public disclosure of their
personal information. Additionally, this bill will repeal the new
requirement that pistol license holders recertify every five years
under the threat of license revocation. Most important, this bill
repeals those new sections of law added by the SAFE Act which would
require, for the first time, registration of newly defined assault
weapons. This registration requirement will affect tens of thousands
of sportsmen and hunters in New York and potentially subject them to
criminal prosecution for their failure to register their firearms.
This requirement could create a chilling effect on the exercise of
citizens' rights under the Second Amendment to the U.S. Constitution,
the NYS Constitution and the New York Civil Rights Law.

Section 15 of this bill repeals section 53 of the SAFE Act which would
require that the fiduciary or attorney of record include a
particularized description of every firearm, shotgun and rifle in the
list of assets of the decedent's estate in the surrogate's court and


with the division of criminal justice services. This section appears
to require all firearms, shotguns, and rifles, whether antique,
non-working or otherwise to be listed. While there appears to be no
sanction for a failure to list, it is practically difficult for an
attorney of record, who generally does not control the decedent's
household effects and personal property to report any specific
property; he must usually trust the next-of-kin to provide the list.

Section 16 is a standard severability clause.

Section 17 makes required adjustments to the effective dates of the
various sections of the SAFE Act.

EXISTING LAW: In large part, this bill seeks, in many respects, to
return to the law existing prior to the enactment of the SAFE Act

JUSTIFICATION: The SAFE Act was rushed into print and to votes in both
chambers of the Legislature without the opportunity for rank and file
members to review the text, analyze the impacts or to consult with
constituents and interested parties. Since its enactment, over 125,000
New Yorkers have signed a petition requesting its repeal. Now that the
public has had an opportunity to review the provisions of the SAFE
Act, law enforcement groups, mental health organizations, gun owner
groups, and others have identified problems with the bill.  Since the
SAFE Act's signing into law, several lawsuits have been instituted to
challenge various aspects of the law This bill attempts to address the
legitimate concerns raised about the SAFE Act.

LEGISLATIVE HISTORY: This is a new bill to repeal or amend certain
provisions of S.2230/A.2388 (Chapter 1 of the Laws of 2013).

EFFECTIVE DATE: Immediately, with provisions.

S3948-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3948
 2013-2014 Regular Sessions
 I N  SENATE
 February 28, 2013
 
 Introduced  by Sens. MARCHIONE, BOYLE -- read twice and ordered printed,
 and when printed to be committed to the Committee on Judiciary
 

AN ACT to amend the family court act, in relation to the suspension  and
 revocation  of  a  license  to  carry  firearms; to amend the domestic
 relations law, in relation to orders of protection; to amend the penal
 law, in relation to the applicability of  certain  provisions  of  the
 penal   law,  large  capacity  ammunition  feeding  devices,  and  gun
 licenses; to amend section 58 of chapter 1 of the laws of 2013  amend
 ing  the  criminal procedure law and other laws relating to suspension
 and revocation of firearms  licenses;  private  sale  or  disposal  of
 firearms, rifles or shotguns and establishing a minimum age to possess
 a  firearm,  in  relation  to the effectiveness thereof; and to repeal
 article 39-DDD of the general business law  relating  to  the  private
 sale or disposal of firearms, rifles and shotguns, section 9.46 of the
 mental  hygiene  law relating to reports of substantial risk or threat
 of harm by mental health professionals, sections 37, 38, 46 and 51  of
 chapter 1 of the laws of 2013, amending the criminal procedure law and
 other laws relating to suspension and revocation of firearms licenses;
 private  sale  or  disposal of firearms, rifles or shotguns and estab
 lishing a minimum age to possess a firearm relating  to  gun  control,
 section 265.01-b of the penal law relating to criminal possession of a
 firearm,  section  265.36  of  the  penal  law  relating  to  unlawful
 possession of a large capacity ammunition feeding  device,  265.37  of
 the  penal  law  relating to unlawful possession of certain ammunition
 feeding devices, 265.45 of the penal law relating to the safe  storage
 of rifles, shotguns, and firearms, 400.02 of the penal law relating to
 the  statewide license and record database and 400.03 of the penal law
 relating to sellers of ammunition, and section 2509 of the surrogate's
 court procedure act relating to a firearms inventory
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09316-03-3
 
       S. 3948                             2
 

Section  1.

Section 446-a of the family court act, as added by chapter
 1 of the laws of 2013, is amended to read as follows:

 

S  446-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility. Upon the issuance of an order of protection or  temporary
 order  of protection, or upon a violation of such order, the court shall
 make a determination regarding the suspension [and] AND/OR revocation of
 a license to carry, possess, repair or dispose of a firearm or firearms,
 ineligibility for such a  license  and  the  surrender  of  firearms  in
 accordance with section eight hundred forty-two-a of this act.
 

S 2.

Section 552 of the family court act, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:

 

S  552.  Firearms;  surrender  and  license suspension, revocation and
 ineligibility. Upon the issuance of an order of protection or  temporary
 order  of protection, or upon a violation of such order, the court shall
 make a determination regarding the suspension [and] AND/OR revocation of
 a license to carry, possess, repair or dispose of a firearm or firearms,
 ineligibility for such a  license  and  the  surrender  of  firearms  in
 accordance with section eight hundred forty-two-a of this act.
 

S  3. 

Section 656-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:

 

S 656-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility.  Upon the issuance of an order of protection or temporary
 order of protection, or upon a violation of such order, the court  shall
 make a determination regarding the suspension [and] AND/OR revocation of
 a license to carry, possess, repair or dispose of a firearm or firearms,
 ineligibility  for  such  a  license  and  the  surrender of firearms in
 accordance with section eight hundred forty-two-a of this act.
 

S 4.

Section 780-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:

 

S  780-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility. Upon the issuance of an order of protection or  temporary
 order  of protection, or upon a violation of such order, the court shall
 make a determination regarding the suspension [and] AND/OR revocation of
 a license to carry, possess, repair or dispose of a firearm or firearms,
 ineligibility for such a  license  and  the  surrender  of  firearms  in
 accordance with section eight hundred forty-two-a of this act.
 

S  5.  Paragraph  h  of  subdivision  3 of section 240 of the domestic
 relations law, as amended by chapter 1 of the laws of 2013,  is  amended
 to read as follows:

 h.  Upon  issuance  of  an  order  of protection or temporary order of
 protection or upon a violation of such order, the  court  shall  make  a
 determination  regarding  the  suspension  [and]  AND/OR revocation of a
 license to carry, possess, repair or dispose of a firearm  or  firearms,
 ineligibility  for  such  a  license  and  the  surrender of firearms in
 accordance with sections eight hundred  forty-two-a  and  eight  hundred
 forty-six-a  of the family court act, as applicable. Upon issuance of an
 order of protection pursuant to this section or  upon  a  finding  of  a
 violation  thereof,  the court also may direct payment of restitution in
 an amount not to exceed ten thousand dollars in accordance with subdivi
 sion (e) of section eight  hundred  forty-one  of  such  act;  provided,
 however,  that  in no case shall an order of restitution be issued where
 the court determines that the party against  whom  the  order  would  be
 issued  has  already compensated the injured party or where such compen
 sation is incorporated in a final judgment or settlement of the action.
 

S 6. Subdivision 9 of section 252 of the domestic  relations  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:

 
       S. 3948                             3
 9.  Upon  issuance  of  an  order  of protection or temporary order of
 protection or upon a violation of such order, the  court  shall  make  a
 determination  regarding  the  suspension  [and]  AND/OR revocation of a
 license to carry, possess, repair or dispose of a firearm  or  firearms,
 ineligibility  for  such  a  license  and  the  surrender of firearms in
 accordance with sections eight hundred  forty-two-a  and  eight  hundred
 forty-six-a  of the family court act, as applicable. Upon issuance of an
 order of protection pursuant to this section or  upon  a  finding  of  a
 violation  thereof,  the court also may direct payment of restitution in
 an amount not to exceed ten thousand dollars in accordance with subdivi
 sion (e) of section eight  hundred  forty-one  of  such  act;  provided,
 however,  that  in no case shall an order of restitution be issued where
 the court determines that the party against  whom  the  order  would  be
 issued  has  already compensated the injured party or where such compen
 sation is incorporated in a final judgment or settlement of the action.
 

S 7. Article 39-DDD of the general business law is REPEALED.
 

S 8.

Section 9.46 of the mental hygiene law is REPEALED.
 

S 9. Sections 37, 38, 46 and 51 of chapter 1  of  the  laws  of  2013,
 amending  the  criminal procedure law and other laws relating to suspen
 sion and revocation of firearms licenses; private sale  or  disposal  of
 firearms, rifles or shotguns and establishing a minimum age to possess a
 firearm are REPEALED.
 

S  10. The opening paragraph of subdivision a of section 265.20 of the
 penal law, as amended by chapter 496 of the laws of 1991, is amended  to
 read as follows:

 Sections  265.01,  265.01-A,  265.02,  265.03, 265.04, 265.05, 265.10,
 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to:

 

S 11. Sections 265.01-b, 265.36, 265.37, 265.45, 400.02 and 400.03  of
 the penal law are REPEALED.
 

S  12. Subdivision 8 of section 265.02 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:

 (8) Such person possesses a large capacity ammunition feeding device[.
 For purposes of this subdivision, a large  capacity  ammunition  feeding
 device shall not include an ammunition feeding device lawfully possessed
 by  such  person before the effective date of the chapter of the laws of
 two thousand thirteen which amended this subdivision, that has a capaci-
 ty of, or that can be readily restored or converted to accept more  than
 seven  but  less  than eleven rounds of ammunition, or that was manufac-
 tured before September thirteenth, nineteen  hundred  ninety-four,  that
 has  a  capacity  of,  or  that  can be readily restored or converted to
 accept, more than ten rounds of ammunition]; or
 

S 13. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00  of  the
 penal  law,  subdivisions  5, 10 and 12 as amended and subdivisions 16-a
 and 16-b as added 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) of this subdivision,
 the] THE name and address of any person to whom an application  for  any
 license  has been granted shall NOT be a public record. Upon application
 
       S. 3948                             4
 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
 license.  The  superintendent  of  state  police may designate that such
 application shall be transmitted to the division of state  police  elec
 tronically.  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, depart
 ment or authority shall provide the division with such records.  In  the
 event  such clerk, department or authority lacks such records, the divi
 sion may request the license holder provide  information  sufficient  to
 constitute  such  record and such license holder shall provide the divi
 sion with such information. 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 subdivision 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  estab-
 lished  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  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 appli-
 cant to request an exception from his  or  her  application  information
 becoming  public  record  pursuant to paragraph (a) of this subdivision.
 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 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 applicant an opportunity to spec-
 ify 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;
 
       S. 3948                             5
 (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-
 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) (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) 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 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, pursuant to para-
 graph (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.
 
       S. 3948                             6
 (g) If a request for an exception is determined to be  null  and  void
 pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
 request review of such determination pursuant to  article  seventy-eight
 of  the  civil  practice  laws  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
 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
 
       S. 3948                             7
 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.]
 12. Records required of gunsmiths and dealers in firearms. 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  superinten
 dent 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 iden
 tification mark on such firearm. Before  delivering  a  firearm  to  any
 person, the licensee shall require him to produce either a license valid
 under  this  section  to  carry  or possess the same, or proof of lawful
 authority as an exempt person pursuant to section 265.20.  In  addition,
 before delivering a firearm to a peace officer, the licensee shall veri
 fy  that  person's  status as a peace officer 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 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 transmitted in electronic form. A dealer may be granted  a
 waiver  from  transmitting such records in electronic form if the super
 intendent 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 superintendent. [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 officers law.] The record book shall be main
 tained 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 special duties, or police officer. In  the  event
 of  cancellation  or revocation of the license for gunsmith or dealer in
 firearms, or discontinuance 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 executive department, division of state police.
 16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
 or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
 possessed  before  the  date of the effective date of the chapter of the
 laws of two thousand thirteen which added this paragraph, must  make  an
 
       S. 3948                             8
 application  to  register  such  weapon with the superintendent of state
 police, in the manner provided by the superintendent, or by  amending  a
 license issued pursuant to this section within one year of the effective
 date  of  this  subdivision except any weapon defined under subparagraph
 (vi) of paragraph (g) of subdivision twenty-two  of  section  265.00  of
 this  chapter  transferred into the state may be registered at any time,
 provided such weapons are registered within thirty days of their  trans-
 fer  into  the  state. Registration information shall include the regis-
 trant's name, date of birth, gender, race, residential  address,  social
 security  number  and  a  description of each weapon being registered. A
 registration of any weapon defined under subparagraph (vi) of  paragraph
 (g)  of  subdivision twenty-two of section 265.00 or a feeding device as
 defined under subdivision twenty-three of section 265.00 of this chapter
 shall be transferable, provided  that  the  seller  notifies  the  state
 police  within  seventy-two hours of the transfer and the buyer provides
 the state police with information sufficient to constitute  a  registra-
 tion  under  this  section. Such registration shall not be valid if such
 registrant is prohibited or becomes prohibited from possessing a firearm
 pursuant to state or federal law.  The  superintendent  shall  determine
 whether  such  registrant  is prohibited from possessing a firearm under
 state or federal law. Such check shall be limited to determining whether
 the factors in 18 USC 922 (g) apply or whether  a  registrant  has  been
 convicted  of  a  serious offense as defined in subdivision sixteen-b of
 section 265.00 of this chapter, so as to prohibit such  registrant  from
 possessing  a  firearm, and whether a report has been issued pursuant to
 section 9.46 of the mental hygiene law. All registrants shall  recertify
 to  the division of state police every five years thereafter. Failure to
 recertify shall result in a revocation of such registration.
 (b) The superintendent of state police shall create  and  maintain  an
 internet  website to educate the public as to which semiautomatic rifle,
 semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
 as a result of the enactment of the chapter of the laws of two  thousand
 thirteen  which  added  this  paragraph, as well as such assault weapons
 which are illegal pursuant to article two  hundred  sixty-five  of  this
 chapter.  Such website shall contain information to assist the public in
 recognizing the relevant features proscribed by such article two hundred
 sixty-five, as well as which make and  model  of  weapons  that  require
 registration.
 (c)  A person who knowingly fails to apply to register such weapon, as
 required by this section, within one year of the effective date  of  the
 chapter  of the laws of two thousand thirteen which added this paragraph
 shall be guilty of a class A misdemeanor and such person who unknowingly
 fails to validly register such weapon within such one year period  shall
 be  given  a  warning  by an appropriate law enforcement authority about
 such failure and given thirty days in which to apply  to  register  such
 weapon  or  to surrender it. A failure to apply or surrender such weapon
 within such thirty-day period shall result in such weapon being  removed
 by an appropriate law enforcement authority and declared a nuisance.
 16-b.] The cost of the software, programming and interface required to
 transmit any record that must be electronically transmitted by the deal
 er or licensing officer to the division of state police pursuant to this
 chapter shall be borne by the state.
 

S 14.

Section 2509 of the surrogate's court procedure act is REPEALED.
 

S  15.

Section 58 of chapter 1 of the laws of 2013 amending the crimi
 nal procedure law and other laws relating to suspension  and  revocation
 of  firearms  licenses;  private sale or disposal of firearms, rifles or
 
       S. 3948                             9
 shotguns and establishing a minimum age to possess a firearm, is amended
 to read as follows:

 

S 58. This act shall take effect immediately; provided, however, that:

 a.  Sections  one,  two, three, four, five, [six, seven, eight, nine,]
 ten, [eleven, twelve,] thirteen, fourteen, fifteen, sixteen,  seventeen,
 eighteen,  nineteen,  [twenty,]  twenty-one,  twenty-two,  twenty-three,
 twenty-four, twenty-five, twenty-six, twenty-six-a, twenty-seven,  twen
 ty-eight,  twenty-nine,  thirty,  thirty-one,  thirty-two, thirty-three,
 thirty-four, thirty-five, thirty-six,  thirty-nine,  forty,  [forty-one,
 forty-one-a,  forty-one-b,]  forty-two, forty-three, forty-five, [forty-
 six, forty-six-a,  forty-seven,  fifty-one,]  fifty-two,  [fifty-three,]
 fifty-four,  fifty-five,  and fifty-six of this act shall take effect on
 the sixtieth day after it shall have become a law;
 b. [The amendments to subdivision 23 of section 265.00  of  the  penal
 law  made  by  section thirty-eight of this act shall take effect on the
 ninetieth day after this act shall have become a law,  except  that  the
 amendments  made  to  paragraph  (a) of subdivision 23 shall take effect
 immediately;
 c.] The amendments to subdivision 1, paragraph (a) of  subdivision  3,
 and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
 penal  law made by section forty-eight of this act shall take effect one
 year after this act shall have become a law;
 [d. The amendments to subdivision 16-a of section 400.00 of the  penal
 law  made  by  section  forty-eight of this act shall take effect on the
 ninetieth day after this act shall have become a law;
 e. The amendments to sections 400.02 and 400.03 of the penal law  made
 by  sections forty-nine and fifty of this act shall take effect one year
 after it shall have become a law;] and
 [f.] C. The amendments to subdivision (b) of section 9.47 and sections
 9.48 and 9.60 of the mental hygiene law  made  by  sections  twenty-one,
 twenty-two  and twenty-three of this act shall not affect the expiration
 and repeal of such paragraph and sections and shall be  deemed  repealed
 therewith.
 

S  16.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro
 versy in which the judgment shall have been rendered.
 

S 17. This act shall  take  effect  immediately;  provided  that:  the
 amendments  to  subdivisions  10, 12, 16-a and 16-b of section 400.00 of
 the penal law made by section thirteen 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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