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

                                        1598--A

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   February 3, 2009
                                      ___________

       Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
         when printed to be committed to the Committee on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN  ACT to amend the penal law, in relation to providing for the expira-
         tion and renewal of certain firearms licenses outside the city of  New
         York

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

    1    Section 1.  Subdivision 10 of section 400.00  of  the  penal  law,  as
    2  amended  by  chapter  447  of  the  laws  of 1997, is amended to read as
    3  follows:
    4    10. License: expiration[, certification] and renewal. Any license  for
    5  gunsmith or dealer in firearms and, in the city of New York, any license
    6  to carry or possess a pistol or revolver, issued at any time pursuant to
    7  this  section or prior to the first day of July, nineteen hundred sixty-
    8  three and not limited to expire on an earlier date fixed in the license,
    9  shall expire not more than three years after the date of  issuance.  [In
   10  the counties of Nassau, Suffolk and Westchester, any license to carry or
   11  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
   12  section or prior to the first day of July, nineteen hundred  sixty-three
   13  and not limited to expire on an earlier date fixed in the license, shall
   14  expire  not more than five years after the date of issuance; however, in
   15  the county of Westchester, any such license shall be certified prior  to
   16  the  first  day of April, two thousand, in accordance with a schedule to
   17  be contained in regulations promulgated by the commissioner of the divi-
   18  sion of criminal justice services,  and  every  such  license  shall  be
   19  recertified  every  five  years thereafter. For purposes of this section
   20  certification shall mean that the licensee shall provide to the  licens-
   21  ing  officer  the  following  information  only:   current name, date of
   22  birth, current address, and the make, model, caliber and  serial  number

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01609-09-9
       S. 1598--A                          2

    1  of  all  firearms  currently  possessed.  Such certification information
    2  shall be filed by the licensing officer in the same manner as an  amend-
    3  ment. Elsewhere than in the city of New York and the counties of Nassau,
    4  Suffolk  and  Westchester,  any  license to carry or possess a pistol or
    5  revolver, issued at any time pursuant to this section or  prior  to  the
    6  first  day  of  July,  nineteen  hundred  sixty-three and not previously
    7  revoked or cancelled, shall be in force  and  effect  until  revoked  as
    8  herein  provided.] ELSEWHERE THAN IN THE CITY OF NEW YORK ANY LICENSE TO
    9  CARRY OR POSSESS A PISTOL OR REVOLVER, ISSUED AT ANY  TIME  PURSUANT  TO
   10  THIS  SECTION OR PRIOR TO THE FIRST DAY OF JULY, NINETEEN HUNDRED SIXTY-
   11  THREE AND NOT LIMITED TO EXPIRE ON AN EARLIER DATE FIXED IN THE LICENSE,
   12  SHALL EXPIRE NOT MORE THAN FIVE YEARS AFTER THE DATE OF ISSUANCE.  ELSE-
   13  WHERE  THAN  IN  THE CITY OF NEW YORK, NASSAU COUNTY AND SUFFOLK COUNTY,
   14  ALL PISTOL AND REVOLVER LICENSES SHALL EXPIRE IN ACCORDANCE WITH A SCHE-
   15  DULE TO BE CONTAINED IN REGULATIONS PROMULGATED BY THE  COMMISSIONER  OF
   16  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES. Any license not previously
   17  cancelled or revoked shall remain in full force and  effect  for  thirty
   18  days  beyond the stated expiration date on such license. Any application
   19  to renew a license that has not  previously  expired,  been  revoked  or
   20  cancelled shall thereby extend the term of the license until disposition
   21  of  the  application  by the licensing officer. In the case of a license
   22  for gunsmith or dealer in firearms, in counties having a  population  of
   23  less than two hundred thousand inhabitants, photographs and fingerprints
   24  shall  be submitted on original applications and upon renewal thereafter
   25  only at six year intervals. Upon satisfactory  proof  that  a  currently
   26  valid  original  license  has  been despoiled, lost or otherwise removed
   27  from the possession of the licensee and upon application  containing  an
   28  additional photograph of the licensee, the licensing officer shall issue
   29  a duplicate license.
   30    S 2. This act shall take effect immediately.