STATE OF NEW YORK
________________________________________________________________________
1696
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. ZEBROWSKI, JAFFEE, GALEF, SCARBOROUGH, STIRPE,
BRINDISI, SKOUFIS, BORELLI, RAIA, CORWIN, CURRAN, GOODELL, CROUCH,
CERETTO, BARRETT, OAKS -- Multi-Sponsored by -- M. of A. BARCLAY,
COLTON, DUPREY, HIKIND, KOLB, LOPEZ, LUPINACCI, MAGEE, McKEVITT, RA,
RIVERA, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the state
police from imposing a fee or surcharge for recertification of certain
gun licenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 10 and subdivision 16-a of
2 section 400.00 of the penal law, as added by chapter 1 of the laws of
3 2013, and paragraph (a-1) of subdivision 16-a as added by chapter 98 of
4 the laws of 2013, are amended to read as follows:
5 (b) All licensees shall be recertified to the division of state police
6 every five years thereafter. Any license issued before the effective
7 date of the chapter of the laws of two thousand thirteen which added
8 this paragraph shall be recertified by the licensee on or before January
9 thirty-first, two thousand eighteen, and not less than one year prior to
10 such date, the state police shall send a notice to all license holders
11 who have not recertified by such time. Such recertification shall be in
12 a form as approved by the superintendent of state police, which shall
13 request the license holder's name, date of birth, gender, race, residen-
14 tial address, social security number, firearms possessed by such license
15 holder, email address at the option of the license holder and an affir-
16 mation that such license holder is not prohibited from possessing
17 firearms. The form may be in an electronic form if so designated by the
18 superintendent of state police. The state police shall not impose a fee
19 or surcharge on a license holder for recertification. Failure to recer-
20 tify shall act as a revocation of such license. If the New York state
21 police discover as a result of the recertification process that a licen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00688-01-5
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1 see failed to provide a change of address, the New York state police
2 shall not require the licensing officer to revoke such license.
3 16-a. Registration. (a) An owner of a weapon defined in paragraph (e)
4 or (f) of subdivision twenty-two of section 265.00 of this chapter,
5 possessed before the date of the effective date of [the] chapter one of
6 the laws of two thousand thirteen [which added this paragraph], must
7 make an application to register such weapon with the superintendent of
8 state police, in the manner provided by the superintendent, or by amend-
9 ing a license issued pursuant to this section within one year of the
10 effective date of this subdivision except any weapon defined under
11 subparagraph (vi) of paragraph (g) of subdivision twenty-two of section
12 265.00 of this chapter transferred into the state may be registered at
13 any time, provided such weapons are registered within thirty days of
14 their transfer into the state. Registration information shall include
15 the registrant's name, date of birth, gender, race, residential address,
16 social security number and a description of each weapon being regis-
17 tered. A registration of any weapon defined under subparagraph (vi) of
18 paragraph (g) of subdivision twenty-two of section 265.00 or a feeding
19 device as defined under subdivision twenty-three of section 265.00 of
20 this chapter shall be transferable, provided that the seller notifies
21 the state police within seventy-two hours of the transfer and the buyer
22 provides the state police with information sufficient to constitute a
23 registration under this section. Such registration shall not be valid if
24 such registrant is prohibited or becomes prohibited from possessing a
25 firearm pursuant to state or federal law. The superintendent shall
26 determine whether such registrant is prohibited from possessing a
27 firearm under state or federal law. Such check shall be limited to
28 determining whether the factors in 18 USC 922 (g) apply or whether a
29 registrant has been convicted of a serious offense as defined in subdi-
30 vision [sixteen-b] seventeen of section 265.00 of this chapter, so as to
31 prohibit such registrant from possessing a firearm, and whether a report
32 has been issued pursuant to section 9.46 of the mental hygiene law. All
33 registrants shall recertify to the division of state police every five
34 years thereafter. Failure to recertify shall result in a revocation of
35 such registration. The state police shall not impose a fee or surcharge
36 on a person who is registering or recertifying a weapon pursuant to this
37 section.
38 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
39 this subdivision, an owner of an assault weapon as defined in subdivi-
40 sion twenty-two of section 265.00 of this chapter, who is a qualified
41 retired New York or federal law enforcement officer as defined in subdi-
42 vision twenty-five of section 265.00 of this chapter, where such weapon
43 was issued to or purchased by such officer prior to retirement and in
44 the course of his or her official duties, and for which such officer was
45 qualified by the agency that employed such officer within twelve months
46 prior to his or her retirement, must register such weapon within sixty
47 days of retirement.
48 (b) The superintendent of state police shall create and maintain an
49 internet website to educate the public as to which semiautomatic rifle,
50 semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
51 as a result of the enactment of [the] chapter one of the laws of two
52 thousand thirteen [which added this paragraph], as well as such assault
53 weapons which are illegal pursuant to article two hundred sixty-five of
54 this chapter. Such website shall contain information to assist the
55 public in recognizing the relevant features proscribed by such article
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1 two hundred sixty-five, as well as which make and model of weapons that
2 require registration.
3 (c) A person who knowingly fails to apply to register such weapon, as
4 required by this section, within one year of the effective date of [the]
5 chapter one of the laws of two thousand thirteen [which added this para-
6 graph] shall be guilty of a class A misdemeanor and such person who
7 unknowingly fails to validly register such weapon within such one year
8 period shall be given a warning by an appropriate law enforcement
9 authority about such failure and given thirty days in which to apply to
10 register such weapon or to surrender it. A failure to apply or surrender
11 such weapon within such thirty-day period shall result in such weapon
12 being removed by an appropriate law enforcement authority and declared a
13 nuisance.
14 § 2. This act shall take effect immediately.
