S T A T E   O F   N E W   Y O R K
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                                  5704

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

Introduced by Sens. MARCHIONE, GALLIVAN, NOZZOLIO, O'MARA, SEWARD, YOUNG
  -- 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 licenses to carry,
  possess, repair and dispose of firearms

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

  Section  1.  Paragraph  (a) of subdivision 3, subdivision 4, paragraph
(a) of subdivision 5 and subdivisions 7, 9, 10, 16-a and 16-b of section
400.00 of the penal law, paragraph (a) of subdivision 3, subdivision  4,
paragraph  (a) of subdivision 5 and subdivisions 9 and 10 as amended and
subdivisions 16-a and 16-b as added by chapter 1 of the  laws  of  2013,
paragraph  (a-1)  of subdivision 16-a as added by chapter 98 of the laws
of 2013, are amended to read as follows:
  (a) Applications shall be made and renewed, in the case of  a  license
to  carry  or  possess a pistol or revolver, to the licensing officer in
the city or county, as the case may be, where the applicant resides,  is
principally  employed  or  has his or her principal place of business as
merchant or storekeeper; and, in the case of a license  as  gunsmith  or
dealer  in  firearms, to the licensing officer where such place of busi-
ness is located. Blank applications shall, except in  the  city  of  New
York,  be  approved  as  to form by the [superintendent of state police]
DIVISION OF CRIMINAL JUSTICE SERVICES. An application  shall  state  the
full  name,  date of birth, residence, present occupation of each person
or individual signing the same, whether or not he or she is a citizen of
the United States, whether or not he or she complies with each  require-
ment  for  eligibility  specified in subdivision one of this section and
such other facts as may be required to show the good  character,  compe-
tency  and  integrity  of each person or individual signing the applica-
tion. An application shall be signed and verified by the applicant. Each
individual signing an application shall submit one photograph of himself

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11366-01-5
              

S. 5704                             2

or herself and a duplicate for each required copy  of  the  application.
Such  photographs  shall  have  been  taken  within thirty days prior to
filing the application. In case of a license as gunsmith  or  dealer  in
firearms,  the photographs submitted shall be two inches square, and the
application shall also state the previous occupation of each  individual
signing  the  same and the location of the place of such business, or of
the bureau, agency, subagency, office or branch  office  for  which  the
license  is  sought,  specifying  the name of the city, town or village,
indicating  the  street  and  number  and  otherwise  giving  such   apt
description  as  to  point  out reasonably the location thereof. In such
case, if the applicant is a firm, partnership or corporation, its  name,
date  and  place  of formation, and principal place of business shall be
stated. For such firm or partnership, the application  shall  be  signed
and  verified  by  each individual composing or intending to compose the
same, and for such corporation, by each officer thereof.
  4. Investigation. Before a license is issued or renewed,  there  shall
be an investigation of all statements required in the application by the
duly  constituted police authorities of the locality where such applica-
tion is made, including but not limited to such records as may be acces-
sible to the [division of state police or] division of criminal  justice
services  pursuant  to section 400.02 of this article. For that purpose,
the records of the  appropriate  office  of  the  department  of  mental
hygiene  concerning  previous or present mental illness of the applicant
shall be available for inspection by the investigating  officer  of  the
police  authority.  In  order to ascertain any previous criminal record,
the investigating officer  shall  take  the  fingerprints  and  physical
descriptive  data in quadruplicate of each individual by whom the appli-
cation is signed and verified. Two copies of such fingerprints shall  be
taken  on  standard  fingerprint cards eight inches square, and one copy
may be taken on a card supplied for that purpose by the  federal  bureau
of  investigation;  provided,  however,  that in the case of a corporate
applicant that has already been issued a dealer in firearms license  and
seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
location, the original fingerprints on file may be used to ascertain any
criminal record in the second or subsequent application  unless  any  of
the  corporate  officers  have  changed  since the prior application, in
which case the  new  corporate  officer  shall  comply  with  procedures
governing  an  initial application for such license. When completed, one
standard card shall be forwarded to and  retained  by  the  division  of
criminal  justice  services  in  the  executive department, at Albany. A
search of the files of such division and  written  notification  of  the
results of the search to the investigating officer shall be made without
unnecessary  delay. Thereafter, such division shall notify the licensing
officer and the executive department, division of state police,  Albany,
of  any criminal record of the applicant filed therein subsequent to the
search of its files. A second standard card, or the one supplied by  the
federal  bureau of investigation, as the case may be, shall be forwarded
to that bureau at Washington with a request that the files of the bureau
be searched and notification of the results of the search be made to the
investigating police authority. Of the remaining two fingerprint  cards,
one  shall  be  filed  with the executive department, division of [state
police] CRIMINAL JUSTICE SERVICES, Albany, within ten days  after  issu-
ance of the license, and the other remain on file with the investigating
police  authority.  No  such fingerprints may be inspected by any person
other than a peace officer,  who  is  acting  pursuant  to  his  special
duties,  or a police officer, except on order of a judge or justice of a

S. 5704                             3

court of record either upon notice to the licensee or without notice, as
the judge or justice may deem appropriate. Upon completion of the inves-
tigation, the police authority shall report the results to the licensing
officer without unnecessary delay.
  (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 applications relating to firearms to the licensing authority
of that county. Except as provided in paragraphs (b) through (f) of this
subdivision, the name and address of any person to whom  an  application
for any license has been granted shall be a public record. Upon applica-
tion  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] CRIMINAL JUSTICE SERVICES, Albany, within ten
days after issuance of the license. The [superintendent of state police]
DIVISION  OF  CRIMINAL JUSTICE SERVICES may designate that such applica-
tion shall be transmitted to the division  of  [state  police]  CRIMINAL
JUSTICE SERVICES electronically. In the event the [superintendent of the
division  of  state police] DIVISION OF CRIMINAL JUSTICE SERVICES deter-
mines 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 OF
CRIMINAL JUSTICE SERVICES may request the license holder provide  infor-
mation  sufficient  to  constitute  such  record and such license holder
shall provide the division 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 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.
  7.  License:  form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form  by  the  [super-
intendent  of  state  police]  DIVISION  OF CRIMINAL JUSTICE SERVICES. A
license to carry or possess a pistol or revolver shall have attached the
licensee's photograph, and a coupon which shall be removed and  retained
by any person disposing of a firearm to the licensee. Such license shall
specify  the weapon covered by calibre, make, model, manufacturer's name
and serial number, or if none, by any  other  distinguishing  number  or
identification  mark,  and shall indicate whether issued to carry on the
person or possess on the premises, and if on  the  premises  shall  also
specify  the  place  where  the licensee shall possess the same. If such
license is issued to an alien, or to a  person  not  a  citizen  of  and
usually  a  resident  in the state, the licensing officer shall state in
the license the particular reason for the issuance and the names of  the

S. 5704                             4

persons  certifying  to the good character of the applicant. Any license
as gunsmith or dealer in firearms shall mention and describe  the  prem-
ises for which it is issued and shall be valid only for such premises.
  9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
person licensed to carry or possess a pistol or revolver  may  apply  at
any  time  to  his  or her licensing officer for amendment of his or her
license to include one or more such weapons or to  cancel  weapons  held
under  license.  If  granted,  a  record of the amendment describing the
weapons involved shall be filed by the licensing officer in  the  execu-
tive  department,  division of [state police] CRIMINAL JUSTICE SERVICES,
Albany. The  [superintendent  of  state  police]  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  may  authorize  that  such amendment be completed and
transmitted to the [state police] DIVISION in electronic form.   Notifi-
cation of any change of residence shall be made in writing by any licen-
see  within  ten  days  after  such  change occurs, and a record of such
change shall be inscribed by such licensee on the reverse side of his or
her license. Elsewhere than in the city of New York, and in the counties
of Nassau and Suffolk, such notification shall be made to the  executive
department,  division of [state police] CRIMINAL JUSTICE SERVICES, Alba-
ny, and in the city of New York to the police commissioner of that city,
and in the county of Nassau to the police commissioner of  that  county,
and  in  the  county of Suffolk to the licensing officer of that county,
who shall, within ten days after such notification shall be received  by
him  or  her,  give  notice  in  writing of such change to the executive
department, division of [state police]  CRIMINAL  JUSTICE  SERVICES,  at
Albany.
  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

S. 5704                             5

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]  LICENSING  OFFICER  every  five  years  thereafter. Any license
issued before the effective 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,
and not less than one year prior to such date, the [state police]  DIVI-
SION  OF  CRIMINAL  JUSTICE  SERVICES 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.] RECERTIFICATION SHALL CONTAIN THE INFORMATION AND
SHALL BE IN THE FORM SET FORTH HEREINBELOW:

                             RECERTIFICATION

1. NAME ________________________________________________________________

2. DATE OF BIRTH _______________________________________________________

3. GENDER ______________________________________________________________

4. RACE ________________________________________________________________

5. RESIDENTIAL ADDRESS _________________________________________________
________________________________________________________________________
________________________________________________________________________

6. SOCIAL SECURITY NUMBER ______________________________________________

7. EMAIL ADDRESS (OPTIONAL) ____________________________________________

8. LIST ALL FIREARMS POSSESSED ON LICENSE: _____________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

UPON RECEIPT OF THE COMPLETED RECERTIFICATION FORM, THE LICENSING  OFFI-
CER  WILL  COMPARE  THE  INFORMATION PROVIDED WITH THE INFORMATION MAIN-
TAINED BY THE LICENSING OFFICER FOR SUCH LICENSE  HOLDER,  AND  PROMPTLY
NOTIFY  THE  LICENSE  HOLDER  OF  ANY  DISCREPANCIES THAT MAY EXIST, AND
PROVIDE INSTRUCTION AS TO APPLYING FOR AN AMENDMENT PURSUANT TO SUBDIVI-
SION NINE THIS SECTION. AFTER THE RESOLUTION OF ANY PENDING APPLICATIONS

S. 5704                             6

FOR AMENDMENTS, THE LICENSING OFFICER SHALL RETAIN A COPY OF THE  RECER-
TIFICATION  AND  A  COPY  SHALL BE FILED BY THE LICENSING OFFICER IN THE
EXECUTIVE DEPARTMENT, DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  ALBANY,
WITHIN  TEN DAYS. The form may be in an electronic form if so designated
by the [superintendent of state police]  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.  Failure  to  recertify  shall  act  as  a  revocation of such
license. If the [New York state police] DIVISION  SHALL  discover  as  a
result  of the recertification process that a licensee failed to provide
a change of address, the [New York state police]  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES shall not require the licensing officer to revoke such
license.
  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 ONE  of
the  laws  of  two  thousand thirteen [which added this paragraph], must
make an application to register such weapon with the [superintendent  of
state  police]  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, in the manner
provided by the [superintendent] DIVISION OF CRIMINAL JUSTICE  SERVICES,
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 regis-
tered at any time, provided such weapons are  registered  within  thirty
days  of  their  transfer into the state. Registration information shall
include the registrant'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  feed-
ing  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] DIVISION OF CRIMINAL JUSTICE SERVICES  within  seven-
ty-two  hours  of the transfer and the buyer provides the [state police]
DIVISION OF CRIMINAL JUSTICE SERVICES  with  information  sufficient  to
constitute  a  registration  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  [superinten-
dent] DIVISION OF CRIMINAL JUSTICE SERVICES shall determine whether such
registrant is prohibited from possessing a firearm under state or feder-
al  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] SEVENTEEN 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] CRIMINAL JUSTICE SERVICES every five
years thereafter. Failure to recertify shall result in a  revocation  of
such registration.
  (a-1)  Notwithstanding  any  inconsistent  provisions of paragraph (A)
OFthis subdivision, an owner of an assault weapon as defined in subdivi-
sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
retired New York or federal law enforcement officer as defined in subdi-
vision  twenty-five of section 265.00 of this chapter, where such weapon
was issued to or purchased by such officer prior to  retirement  and  in
the course of his or her official duties, and for which such officer was
qualified  by the agency that employed such officer within twelve months

S. 5704                             7

prior to his or her retirement, must register such weapon  within  sixty
days of retirement.
  (b)  The [superintendent of state police] DIVISION OF CRIMINAL JUSTICE
SERVICES shall create and maintain an internet website  to  educate  the
public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
tomatic  pistol  or weapon that are illegal as a result of the enactment
of [the] chapter ONE 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  rele-
vant 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 ONE of the laws of two thousand thirteen [which added this para-
graph] 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]  CRIMINAL
JUSTICE  SERVICES, AND ANY COST BORNE BY THE LICENSING OFFICER TO ADMIN-
ISTER OR MAINTAIN RECORDS RELATED TO THE RECERTIFICATION PROCESS BY  THE
LICENSING  OFFICER,  BOTH pursuant to this chapter shall be borne by the
state.
  S 2. Section 400.02 of the penal law, as added by  chapter  1  of  the
laws of 2013, is amended to read as follows:
S 400.02 Statewide license and record database.
  There  shall be a statewide license and record database which shall be
created and maintained  by  the  division  of  [state  police]  CRIMINAL
JUSTICE  SERVICES  the  cost  of which shall not be borne by any munici-
pality. Records assembled or collected for purposes of inclusion in such
database shall not be subject to disclosure pursuant to article  six  of
the public officers law. Records containing granted license applications
shall  be  periodically  checked  by  the  division  of criminal justice
services against criminal  conviction,  mental  health,  and  all  other
records  as  are necessary to determine their continued accuracy as well
as whether an individual is no longer a valid license holder. The  divi-
sion  of criminal justice services shall also check pending applications
made pursuant to this article against such records to determine  whether
a  license  may  be granted. All state agencies shall cooperate with the
division of criminal justice services, as otherwise authorized  by  law,
in making their records available for such checks. The division of crim-
inal justice services, upon determining that an individual is ineligible
to  possess  a  license,  or  is no longer a valid license holder, shall
notify the applicable licensing official of such determination and  such
licensing  official shall not issue a license or revoke such license and
any weapons owned or possessed  by  such  individual  shall  be  removed
consistent  with  the provisions of subdivision eleven of section 400.00
of this article. Local and state law enforcement shall  have  access  to
such  database,  as  otherwise  authorized by law, in the performance of

S. 5704                             8

their duties. Records assembled or collected for purposes  of  inclusion
in  the  database established by this section shall be released pursuant
to a court order.
  S 3. This act shall take effect immediately.