S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3902
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- 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 filing of approved
   applications for 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. Subdivision 5 of  section  400.00  of  the  penal  law,  as
 amended by chapter 1 of the laws of 2013, is 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 name and  address]  THE  APPLICATION  AND  ANY  SUPPORTING  RECORDS,
 INCLUDING  ANY  INFORMATION  CONTAINED THEREIN, of any person to whom an
 application for any license has been  granted  shall  NOT  be  a  public
 record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
 THE  PUBLIC OFFICERS LAW. Upon application by a licensee who has changed
 his OR HER 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  issu-
 ance of the license. The [superintendent] COMMISSIONER of [state police]
 CRIMINAL  JUSTICE  SERVICES may designate that such application shall be
 transmitted to the division of [state police] CRIMINAL JUSTICE  SERVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02175-01-7

 S. 3902                             2
 
 electronically.  In  the  event the [superintendent] COMMISSIONER of the
 division of [state police] CRIMINAL JUSTICE SERVICES 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, depart-
 ment  or  authority  lacks  such  records,  the division may request the
 license holder provide information sufficient to constitute such  record
 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] ARTICLE shall not be subject to
 disclosure pursuant to article six of the  public  officers  law  EXCEPT
 THAT  THE  TOTAL NUMBER OF PERSONS REGISTERED IN ANY COUNTY OF THE STATE
 MAY BE DISCLOSED WITHOUT  ANY  OTHER  IDENTIFYING  INFORMATION  ABOUT  A
 REGISTRANT.
   [(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;
   (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

 S. 3902                             3

 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.
   (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

 S. 3902                             4

 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.]
   §  2. This act shall take effect the first of November next succeeding
 the date on which it shall have become a law.