|SAME AS||SAME AS S01049|
|Amd §§400.00 & 400.02, Pen L|
|Relates to licenses to carry, possess, repair and dispose of firearms; requires recordkeeping by the division of criminal justice services.|
|01/12/2017||referred to codes|
|01/03/2018||referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1655 SPONSOR: Woerner
TITLE OF BILL: An act to amend the penal law, in relation to licenses to carry, possess, repair and dispose of firearms   PURPOSE: To more efficiently administer the licensing and recertification of licenses to carry, possess, repair and dispose of firearms.   SUMMARY OF PROVISIONS: Section 1 - amends section 400.00 of the Penal Law to replace references to the authority of the superintendent of NYSP with authority of DCJS; amends subparagraph b of paragraph 10 to provide the recertification form required to be filed, to provide clarification that the form is directly filed with the licensing officer for comparison with existing permit information who shall provide the permit holder with instruction for application for any necessary amendment, and that the licensing officer will then file such form with DCJS; and amends paragraph 16-b to provide that any cost incurred by the licensing officer as part of the recertification process shall be borne by the state. Section 2 - amends section 400.02 of the Penal Law to replace the NYSP with DCJS as the division responsible for the maintenance of the state- wide license and record database. Section 3 is the effective date.   JUSTIFICATION: DCJS is the division that currently maintains the databases for criminal histories, orders of protection, and individuals who are deemed disqual- ified from possessing a firearm due to mental health concerns. As such, DCJS is better suited to maintain the statewide license and record data- base. The current ambiguity in the statute with regard to the recertification process has also raised many questions and concerns. By providing a more concise process, concerns can be alleviated. Specifying the role of the licensing officer in the process of recertification will allow for better management and licensing officers will also have the most current information regarding permit holders in their jurisdiction. Finally, providing the cost of recertification be borne by the state and not by the counties, avoids an unfunded mandate for a process that is intended to provide the state with the service of keeping a state data- base current.   LEGISLATIVE HISTORY: 2015-2016: A.8028 - Referred to Committee on Codes   FISCAL IMPLICATIONS: There will be a cost to the state to reimburse the licensing agents for recertification costs. However, recertification is not required until January 31, 2018, and only every five years thereafter.   EFFECTIVE DATE: Immediately.
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STATE OF NEW YORK ________________________________________________________________________ 1655 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. WOERNER, DiPIETRO -- read once and referred 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: 1 Section 1. Paragraph (a) of subdivision 3, subdivision 4, paragraph 2 (a) of subdivision 5 and subdivisions 7, 9, 10, 16-a and 16-b of section 3 400.00 of the penal law, paragraph (a) of subdivision 3, subdivision 4, 4 paragraph (a) of subdivision 5 and subdivisions 9 and 10 as amended and 5 subdivisions 16-a and 16-b as added by chapter 1 of the laws of 2013, 6 paragraph (a-1) of subdivision 16-a as added by chapter 98 of the laws 7 of 2013, are amended to read as follows: 8 (a) Applications shall be made and renewed, in the case of a license 9 to carry or possess a pistol or revolver, to the licensing officer in 10 the city or county, as the case may be, where the applicant resides, is 11 principally employed or has his or her principal place of business as 12 merchant or storekeeper; and, in the case of a license as gunsmith or 13 dealer in firearms, to the licensing officer where such place of busi- 14 ness is located. Blank applications shall, except in the city of New 15 York, be approved as to form by the [ superintendent of state police] 16 division of criminal justice services. An application shall state the 17 full name, date of birth, residence, present occupation of each person 18 or individual signing the same, whether or not he or she is a citizen of 19 the United States, whether or not he or she complies with each require- 20 ment for eligibility specified in subdivision one of this section and 21 such other facts as may be required to show the good character, compe- 22 tency and integrity of each person or individual signing the applica- 23 tion. An application shall be signed and verified by the applicant. Each 24 individual signing an application shall submit one photograph of himself 25 or herself and a duplicate for each required copy of the application. 26 Such photographs shall have been taken within thirty days prior to 27 filing the application. In case of a license as gunsmith or dealer in 28 firearms, the photographs submitted shall be two inches square, and the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03410-01-7A. 1655 2 1 application shall also state the previous occupation of each individual 2 signing the same and the location of the place of such business, or of 3 the bureau, agency, subagency, office or branch office for which the 4 license is sought, specifying the name of the city, town or village, 5 indicating the street and number and otherwise giving such apt 6 description as to point out reasonably the location thereof. In such 7 case, if the applicant is a firm, partnership or corporation, its name, 8 date and place of formation, and principal place of business shall be 9 stated. For such firm or partnership, the application shall be signed 10 and verified by each individual composing or intending to compose the 11 same, and for such corporation, by each officer thereof. 12 4. Investigation. Before a license is issued or renewed, there shall 13 be an investigation of all statements required in the application by the 14 duly constituted police authorities of the locality where such applica- 15 tion is made, including but not limited to such records as may be acces- 16 sible to the [ division of state police or] division of criminal justice 17 services pursuant to section 400.02 of this article. For that purpose, 18 the records of the appropriate office of the department of mental 19 hygiene concerning previous or present mental illness of the applicant 20 shall be available for inspection by the investigating officer of the 21 police authority. In order to ascertain any previous criminal record, 22 the investigating officer shall take the fingerprints and physical 23 descriptive data in quadruplicate of each individual by whom the appli- 24 cation is signed and verified. Two copies of such fingerprints shall be 25 taken on standard fingerprint cards eight inches square, and one copy 26 may be taken on a card supplied for that purpose by the federal bureau 27 of investigation; provided, however, that in the case of a corporate 28 applicant that has already been issued a dealer in firearms license and 29 seeks to operate a firearm dealership at a second or subsequent 30 location, the original fingerprints on file may be used to ascertain any 31 criminal record in the second or subsequent application unless any of 32 the corporate officers have changed since the prior application, in 33 which case the new corporate officer shall comply with procedures 34 governing an initial application for such license. When completed, one 35 standard card shall be forwarded to and retained by the division of 36 criminal justice services in the executive department, at Albany. A 37 search of the files of such division and written notification of the 38 results of the search to the investigating officer shall be made without 39 unnecessary delay. Thereafter, such division shall notify the licensing 40 officer and the executive department, division of state police, Albany, 41 of any criminal record of the applicant filed therein subsequent to the 42 search of its files. A second standard card, or the one supplied by the 43 federal bureau of investigation, as the case may be, shall be forwarded 44 to that bureau at Washington with a request that the files of the bureau 45 be searched and notification of the results of the search be made to the 46 investigating police authority. Of the remaining two fingerprint cards, 47 one shall be filed with the executive department, division of [ state48 police] criminal justice services, Albany, within ten days after issu- 49 ance of the license, and the other remain on file with the investigating 50 police authority. No such fingerprints may be inspected by any person 51 other than a peace officer, who is acting pursuant to his special 52 duties, or a police officer, except on order of a judge or justice of a 53 court of record either upon notice to the licensee or without notice, as 54 the judge or justice may deem appropriate. Upon completion of the inves- 55 tigation, the police authority shall report the results to the licensing 56 officer without unnecessary delay.A. 1655 3 1 (a) The application for any license, if granted, shall be filed by the 2 licensing officer with the clerk of the county of issuance, except that 3 in the city of New York and, in the counties of Nassau and Suffolk, the 4 licensing officer shall designate the place of filing in the appropriate 5 division, bureau or unit of the police department thereof, and in the 6 county of Suffolk the county clerk is hereby authorized to transfer all 7 records or applications relating to firearms to the licensing authority 8 of that county. Except as provided in paragraphs (b) through (f) of this 9 subdivision, the name and address of any person to whom an application 10 for any license has been granted shall be a public record. Upon applica- 11 tion by a licensee who has changed his place of residence such records 12 or applications shall be transferred to the appropriate officer at the 13 licensee's new place of residence. A duplicate copy of such application 14 shall be filed by the licensing officer in the executive department, 15 division of [ state police] criminal justice services, Albany, within ten 16 days after issuance of the license. The [ superintendent of state police] 17 division of criminal justice services may designate that such applica- 18 tion shall be transmitted to the division of [ state police] criminal 19 justice services electronically. In the event the [ superintendent of the20 division of state police] division of criminal justice services deter- 21 mines that it lacks any of the records required to be filed with the 22 division, it may request that such records be provided to it by the 23 appropriate clerk, department or authority and such clerk, department or 24 authority shall provide the division with such records. In the event 25 such clerk, department or authority lacks such records, the division of 26 criminal justice services may request the license holder provide infor- 27 mation sufficient to constitute such record and such license holder 28 shall provide the division with such information. Such information shall 29 be limited to the license holder's name, date of birth, gender, race, 30 residential address, social security number and firearms possessed by 31 said license holder. Nothing in this subdivision shall be construed to 32 change the expiration date or term of such licenses if otherwise 33 provided for in law. Records assembled or collected for purposes of 34 inclusion in the database established by this section shall be released 35 pursuant to a court order. Records assembled or collected for purposes 36 of inclusion in the database created pursuant to section 400.02 of this 37 chapter shall not be subject to disclosure pursuant to article six of 38 the public officers law. 39 7. License: form. Any license issued pursuant to this section shall, 40 except in the city of New York, be approved as to form by the [ super-41 intendent of state police] division of criminal justice services. A 42 license to carry or possess a pistol or revolver shall have attached the 43 licensee's photograph, and a coupon which shall be removed and retained 44 by any person disposing of a firearm to the licensee. Such license shall 45 specify the weapon covered by calibre, make, model, manufacturer's name 46 and serial number, or if none, by any other distinguishing number or 47 identification mark, and shall indicate whether issued to carry on the 48 person or possess on the premises, and if on the premises shall also 49 specify the place where the licensee shall possess the same. If such 50 license is issued to an alien, or to a person not a citizen of and 51 usually a resident in the state, the licensing officer shall state in 52 the license the particular reason for the issuance and the names of the 53 persons certifying to the good character of the applicant. Any license 54 as gunsmith or dealer in firearms shall mention and describe the prem- 55 ises for which it is issued and shall be valid only for such premises.A. 1655 4 1 9. License: amendment. Elsewhere than in the city of New York, a 2 person licensed to carry or possess a pistol or revolver may apply at 3 any time to his or her licensing officer for amendment of his or her 4 license to include one or more such weapons or to cancel weapons held 5 under license. If granted, a record of the amendment describing the 6 weapons involved shall be filed by the licensing officer in the execu- 7 tive department, division of [ state police] criminal justice services, 8 Albany. The [ superintendent of state police] division of criminal 9 justice services may authorize that such amendment be completed and 10 transmitted to the [ state police] division in electronic form. Notifi- 11 cation of any change of residence shall be made in writing by any licen- 12 see within ten days after such change occurs, and a record of such 13 change shall be inscribed by such licensee on the reverse side of his or 14 her license. Elsewhere than in the city of New York, and in the counties 15 of Nassau and Suffolk, such notification shall be made to the executive 16 department, division of [ state police] criminal justice services, Alba- 17 ny, and in the city of New York to the police commissioner of that city, 18 and in the county of Nassau to the police commissioner of that county, 19 and in the county of Suffolk to the licensing officer of that county, 20 who shall, within ten days after such notification shall be received by 21 him or her, give notice in writing of such change to the executive 22 department, division of [ state police] criminal justice services, at 23 Albany. 24 10. License: expiration, certification and renewal. (a) Any license 25 for gunsmith or dealer in firearms and, in the city of New York, any 26 license to carry or possess a pistol or revolver, issued at any time 27 pursuant to this section or prior to the first day of July, nineteen 28 hundred sixty-three and not limited to expire on an earlier date fixed 29 in the license, shall expire not more than three years after the date of 30 issuance. In the counties of Nassau, Suffolk and Westchester, any 31 license to carry or possess a pistol or revolver, issued at any time 32 pursuant to this section or prior to the first day of July, nineteen 33 hundred sixty-three and not limited to expire on an earlier date fixed 34 in the license, shall expire not more than five years after the date of 35 issuance; however, in the county of Westchester, any such license shall 36 be certified prior to the first day of April, two thousand, in accord- 37 ance with a schedule to be contained in regulations promulgated by the 38 commissioner of the division of criminal justice services, and every 39 such license shall be recertified every five years thereafter. For 40 purposes of this section certification shall mean that the licensee 41 shall provide to the licensing officer the following information only: 42 current name, date of birth, current address, and the make, model, cali- 43 ber and serial number of all firearms currently possessed. Such certif- 44 ication information shall be filed by the licensing officer in the same 45 manner as an amendment. Elsewhere than in the city of New York and the 46 counties of Nassau, Suffolk and Westchester, any license to carry or 47 possess a pistol or revolver, issued at any time pursuant to this 48 section or prior to the first day of July, nineteen hundred sixty-three 49 and not previously revoked or cancelled, shall be in force and effect 50 until revoked as herein provided. Any license not previously cancelled 51 or revoked shall remain in full force and effect for thirty days beyond 52 the stated expiration date on such license. Any application to renew a 53 license that has not previously expired, been revoked or cancelled shall 54 thereby extend the term of the license until disposition of the applica- 55 tion by the licensing officer. In the case of a license for gunsmith or 56 dealer in firearms, in counties having a population of less than twoA. 1655 5 1 hundred thousand inhabitants, photographs and fingerprints shall be 2 submitted on original applications and upon renewal thereafter only at 3 six year intervals. Upon satisfactory proof that a currently valid 4 original license has been despoiled, lost or otherwise removed from the 5 possession of the licensee and upon application containing an additional 6 photograph of the licensee, the licensing officer shall issue a dupli- 7 cate license. 8 (b) All licensees shall be recertified to the [ division of state9 police] licensing officer every five years thereafter. Any license 10 issued before the effective date of [ the] chapter one of the laws of two 11 thousand thirteen [ which added this paragraph] shall be recertified by 12 the licensee on or before January thirty-first, two thousand eighteen, 13 and not less than one year prior to such date, the [ state police] divi- 14 sion of criminal justice services shall send a notice to all license 15 holders who have not recertified by such time. [ Such recertification16 shall be in a form as approved by the superintendent of state police,17 which shall request the license holder's name, date of birth, gender,18 race, residential address, social security number, firearms possessed by19 such license holder, email address at the option of the license holder20 and an affirmation that such license holder is not prohibited from21 possessing firearms.] Recertification shall contain the information and 22 shall be in the form set forth hereinbelow: 23 RECERTIFICATION 24 1. Name ________________________________________________________________ 25 2. Date of Birth _______________________________________________________ 26 3. Gender ______________________________________________________________ 27 4. Race ________________________________________________________________ 28 5. Residential Address _________________________________________________ 29 ________________________________________________________________________ 30 ________________________________________________________________________ 31 6. Social Security Number ______________________________________________ 32 7. Email Address (optional) ____________________________________________ 33 8. List all firearms possessed on license: _____________________________ 34 ________________________________________________________________________ 35 ________________________________________________________________________ 36 ________________________________________________________________________ 37 ________________________________________________________________________ 38 Upon receipt of the completed recertification form, the licensing offi- 39 cer will compare the information provided with the information main- 40 tained by the licensing officer for such license holder, and promptly 41 notify the license holder of any discrepancies that may exist, and 42 provide instruction as to applying for an amendment pursuant to subdivi- 43 sion nine this section. After the resolution of any pending applications 44 for amendments, the licensing officer shall retain a copy of the recer- 45 tification and a copy shall be filed by the licensing officer in the 46 executive department, division of criminal justice services, Albany,A. 1655 6 1 within ten days. The form may be in an electronic form if so designated 2 by the [ superintendent of state police] division of criminal justice 3 services. Failure to recertify shall act as a revocation of such 4 license. If the [ New York state police] division shall discover as a 5 result of the recertification process that a licensee failed to provide 6 a change of address, the [ New York state police] division of criminal 7 justice services shall not require the licensing officer to revoke such 8 license. 9 16-a. Registration. (a) An owner of a weapon defined in paragraph (e) 10 or (f) of subdivision twenty-two of section 265.00 of this chapter, 11 possessed before the date of the effective date of [ the] chapter one of 12 the laws of two thousand thirteen [ which added this paragraph], must 13 make an application to register such weapon with the [ superintendent of14 state police] division of criminal justice services, in the manner 15 provided by the [ superintendent] division of criminal justice services, 16 or by amending a license issued pursuant to this section within one year 17 of the effective date of this subdivision except any weapon defined 18 under subparagraph (vi) of paragraph (g) of subdivision twenty-two of 19 section 265.00 of this chapter transferred into the state may be regis- 20 tered at any time, provided such weapons are registered within thirty 21 days of their transfer into the state. Registration information shall 22 include the registrant's name, date of birth, gender, race, residential 23 address, social security number and a description of each weapon being 24 registered. A registration of any weapon defined under subparagraph (vi) 25 of paragraph (g) of subdivision twenty-two of section 265.00 or a feed- 26 ing device as defined under subdivision twenty-three of section 265.00 27 of this chapter shall be transferable, provided that the seller notifies 28 the [ state police] division of criminal justice services within seven- 29 ty-two hours of the transfer and the buyer provides the [ state police] 30 division of criminal justice services with information sufficient to 31 constitute a registration under this section. Such registration shall 32 not be valid if such registrant is prohibited or becomes prohibited from 33 possessing a firearm pursuant to state or federal law. The [ superinten-34 dent] division of criminal justice services shall determine whether such 35 registrant is prohibited from possessing a firearm under state or feder- 36 al law. Such check shall be limited to determining whether the factors 37 in 18 USC 922 (g) apply or whether a registrant has been convicted of a 38 serious offense as defined in subdivision [ sixteen-b] seventeen of 39 section 265.00 of this chapter, so as to prohibit such registrant from 40 possessing a firearm, and whether a report has been issued pursuant to 41 section 9.46 of the mental hygiene law. All registrants shall recertify 42 to the division of [ state police] criminal justice services every five 43 years thereafter. Failure to recertify shall result in a revocation of 44 such registration. 45 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of 46 this subdivision, an owner of an assault weapon as defined in subdivi- 47 sion twenty-two of section 265.00 of this chapter, who is a qualified 48 retired New York or federal law enforcement officer as defined in subdi- 49 vision twenty-five of section 265.00 of this chapter, where such weapon 50 was issued to or purchased by such officer prior to retirement and in 51 the course of his or her official duties, and for which such officer was 52 qualified by the agency that employed such officer within twelve months 53 prior to his or her retirement, must register such weapon within sixty 54 days of retirement. 55 (b) The [ superintendent of state police] division of criminal justice 56 services shall create and maintain an internet website to educate theA. 1655 7 1 public as to which semiautomatic rifle, semiautomatic shotgun or semiau- 2 tomatic pistol or weapon that are illegal as a result of the enactment 3 of [ the] chapter one of the laws of two thousand thirteen [ which added4 this paragraph], as well as such assault weapons which are illegal 5 pursuant to article two hundred sixty-five of this chapter. Such website 6 shall contain information to assist the public in recognizing the rele- 7 vant features proscribed by such article two hundred sixty-five, as well 8 as which make and model of weapons that require registration. 9 (c) A person who knowingly fails to apply to register such weapon, as 10 required by this section, within one year of the effective date of [ the] 11 chapter one of the laws of two thousand thirteen [ which added this para-12 graph] shall be guilty of a class A misdemeanor and such person who 13 unknowingly fails to validly register such weapon within such one year 14 period shall be given a warning by an appropriate law enforcement 15 authority about such failure and given thirty days in which to apply to 16 register such weapon or to surrender it. A failure to apply or surrender 17 such weapon within such thirty-day period shall result in such weapon 18 being removed by an appropriate law enforcement authority and declared a 19 nuisance. 20 16-b. The cost of the software, programming and interface required to 21 transmit any record that must be electronically transmitted by the deal- 22 er or licensing officer to the division of [ state police] criminal 23 justice services, and any cost borne by the licensing officer to admin- 24 ister or maintain records related to the recertification process by the 25 licensing officer, both pursuant to this chapter shall be borne by the 26 state. 27 § 2. Section 400.02 of the penal law, as added by chapter 1 of the 28 laws of 2013, is amended to read as follows: 29 § 400.02 Statewide license and record database. 30 There shall be a statewide license and record database which shall be 31 created and maintained by the division of [ state police] criminal 32 justice services the cost of which shall not be borne by any munici- 33 pality. Records assembled or collected for purposes of inclusion in such 34 database shall not be subject to disclosure pursuant to article six of 35 the public officers law. Records containing granted license applications 36 shall be periodically checked by the division of criminal justice 37 services against criminal conviction, mental health, and all other 38 records as are necessary to determine their continued accuracy as well 39 as whether an individual is no longer a valid license holder. The divi- 40 sion of criminal justice services shall also check pending applications 41 made pursuant to this article against such records to determine whether 42 a license may be granted. All state agencies shall cooperate with the 43 division of criminal justice services, as otherwise authorized by law, 44 in making their records available for such checks. The division of crim- 45 inal justice services, upon determining that an individual is ineligible 46 to possess a license, or is no longer a valid license holder, shall 47 notify the applicable licensing official of such determination and such 48 licensing official shall not issue a license or revoke such license and 49 any weapons owned or possessed by such individual shall be removed 50 consistent with the provisions of subdivision eleven of section 400.00 51 of this article. Local and state law enforcement shall have access to 52 such database, as otherwise authorized by law, in the performance of 53 their duties. Records assembled or collected for purposes of inclusion 54 in the database established by this section shall be released pursuant 55 to a court order. 56 § 3. This act shall take effect immediately.