-  This bill is not active in this session.
 

A02388 Summary:

BILL NO    A02388 

SAME AS    SAME AS UNI. S02230

SPONSOR    Silver (MS)

COSPNSR    Lentol, Ortiz, Morelle, Farrell, Weinstein, Camara, Hooper,
           O'Donnell, Titone, Paulin, Moya, Glick, Wright, Schimel, Gottfried,
           Rosenthal, Kavanagh, Steck, Weprin, Clark, Perry, Nolan, Quart,
           Rodriguez, Mosley

MLTSPNSR   Abinanti, Boyland, Brennan, Brook-Krasny, Buchwald, Colton, Dinowitz,
           Englebright, Fahy, Jacobs, Jaffee, Kellner, Kim, Lavine, Lifton,
           Markey, Mayer, Millman, Otis, Rosa, Rozic

Amd SS330.20 & 530.14, add S380.96, CP L; amd S404, Cor L; amd SS842-a & 846-a,
add SS446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd SS240 & 252, Dom Rel
L; amd S837, Exec L; amd S212, Judy L; add Art 39-DDD S898, Gen Bus L; md
SS7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add S9.46, Ment Hyg L; amd Pen L,
generally, add S2509, SCPA; add S2801-b, amd S3602, Ed L; amd S18, Chap 408 of
1999

Enacts the NY Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013.
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A02388 Actions:

BILL NO    A02388 

01/14/2013 referred to codes
01/15/2013 reported referred to ways and means
01/15/2013 reported referred to rules
01/15/2013 reported 
01/15/2013 rules report cal.3
01/15/2013 substituted by s2230
           S02230  AMEND=  KLEIN
           01/14/2013 REFERRED TO RULES
           01/14/2013 ORDERED TO THIRD READING CAL.1
           01/14/2013 MESSAGE OF NECESSITY
           01/14/2013 PASSED SENATE
           01/14/2013 DELIVERED TO ASSEMBLY
           01/14/2013 referred to codes
           01/15/2013 substituted for a2388
           01/15/2013 ordered to third reading rules cal.3
           01/15/2013 message of necessity - 3 day message
           01/15/2013 passed assembly
           01/15/2013 returned to senate
           01/15/2013 DELIVERED TO GOVERNOR
           01/15/2013 SIGNED CHAP.1
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A02388 Votes:

There are no votes for this bill in this legislative session.
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A02388 Memo:

 BILL NUMBER:  A2388

 TITLE OF BILL :

An act to amend the criminal procedure law, the correction law, the
family court act, the executive law, the general business law, the
judiciary law, the mental hygiene law, the penal law and the
surrogate's court procedure act, in relation to suspension and
revocation of firearms licenses; private sale or disposal of firearms,
rifles or shotguns and establishing a minimum age to possess a
firearm; to amend the family court act, the domestic relations law and
the criminal procedure law, in relation to providing for the mandatory
suspension or revocation of the firearms license of a person against
whom an order of protection or a temporary order of protection has
been issued under certain circumstances, or upon violation of any such
order; to amend the penal law, in relation to community guns and the
criminal sale of a firearm and in relation to the definitions of
aggravated and first degree murder; to amend chapter 408 of the laws
of 1999 constituting Kendra's Law, in relation to extending the
expiration thereof; and to amend the education law, in relation to the
New York state school safety improvement teams; and in relation to
building aid for metal detectors and safety devices

 PURPOSE :

This legislation will protect New Yorkers by reducing the availability
of assault weapons and deterring the criminal use of firearms while
promoting a fair, consistent and efficient method of ensuring that
sportsmen and other legal gun owners have full enjoyment of the guns
to which they are entitled. A thoughtful network of laws provides the
toughest, most comprehensive and balanced answer in the nation to gun
violence. Through this legislation, New York is the first in the
nation to completely ban all pre-1994 high capacity magazines; to ban
any magazine that holds more than seven rounds (rather than a limit of
ten) and to both track ammunition purchases in real time to permit
alerts on high volume buyers, while also checking on the buyer's
background.

In a range of reforms the bill attends to the weaknesses in the
state's current regulatory structure to bring a consistency and
rationality that must be the cornerstone of a safe society. A single
standard across the State will ensure that legal gun owners obtain
their licenses expeditiously while those prohibited are denied that
privilege. A statewide database will keep the registry current and
guard against the dangerous or unstable possessing guns. New rules
will close a loophole that excludes private sales of guns from a
federal background check; tighten provisions governing gun ownership
by persons with serious mental illness; require safe storage of guns
for gun owners who live with someone who has been convicted of certain
crimes, is under an order of protection, or who has been involuntarily
committed as a result of a mental illness. The bill also creates new
and enhanced penalties for illegal gun use, and enhances protections
for victims of domestic violence by requiring the firearm surrenders
and gun license suspension and revocation in cases where an order of
protection has been issued.

 SUMMARY OF PROVISIONS :

Assault Weapons


Section 37 of the bill amends Penal Law S 265.00(22) in order to
strengthen New York's assault weapon ban, expanding its reach and
making it easier to enforce. The proposed amendments replace the
existing ban consisting of and a "two-feature" test adopted from the
now-expired federal assault weapons ban with a clearer "one-feature"
test. The "two-feature" test bans any gun that is semi-automatic, has
a detachable magazine (in the case of pistols and rifles), and
possesses two features that are commonly associated with military
weapons. The "one-feature" test would ban semi-automatic guns with
detachable magazines that possess one feature commonly associated with
military weapons. This section also adds to the list of "features"
that characterize a banned weapon.

Within one year of the effective date, all weapons defined as assault
weapons under the new "one-feature" test, as well as weapons
grandfathered in under the original assault weapons ban, must be
registered. Current owners of these banned weapons may transfer the
weapons only to a firearms dealer or transfer to an out of state
buyer. All registered owners will be subject to a review of
disqualifiers by the State Police.

Ammunition


Section 38 of the bill amends Penal Law S 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten rounds
of ammunition including those that were grandfathered in under the
original assault weapons ban and creates a new ban on magazines that
hold more than seven rounds of ammunition. Magazines that can hold
more than seven rounds but not more than ten rounds and are currently
possessed will be grandfathered in, but may only contain seven rounds
of ammunition. Exceptions are made for large capacity magazines that
are curios or relics.

Section 39 also adds a new section to Penal Law S 265.00 to define
seller of ammunition.

Section 50 of the bill enhances control over sales of ammunition by
adding a new Penal Law S 400.03 requiring (1) that sellers of
ammunition register with the superintendent of the State police (2)
that prior to a sale of ammunition, a seller must run the buyer
through a State-created review of disqualifiers to ensure that the
buyer is not prohibited by law from possessing ammunition, and (3)
that ammunition sales are electronically accessible to the State. In
addition, to prevent from purchasing ammunition, the bill requires
that any ammunition sold commercially must be conducted by a seller
that can perform a background check.

Licensing


Section 49 creates a new Penal Law S 400.02 establishing a statewide
gun license and record database. Section 18 amends Section 212 of the
Judiciary Law to require that records submitted to the Federal Bureau
of Investigation regarding individuals for whom a guardian has been
appointed be transmitted to the State and checked against the
statewide gun license and record database.

Several sections of the bill strengthen statutory provisions related
to the licensing of firearms, shotguns, and rifles. Section 1 amends
Criminal Procedure Law (CPL) S 330.20 to require the revocation of any
gun license from and the surrender of any gun by a defendant upon an
entry of a verdict of not responsible by reason of mental disease or
defect, upon the acceptance of a plea of not responsible by reason of
mental disease or defect, or upon a finding that a defendant is an
incapacitated person pursuant to the CPL. Section 2 adds a new section
to the CPL that requires a sentencing judge to demand surrender of a
gun license or registration and all guns possessed by the defendant
upon judgment of conviction for an offense that requires the seizure
of a gun and the revocation of a gun license or registration. Sections
4 through 16 amend the Family Court Act, the Domestic Relations Law
and the CPL to require, under certain circumstances, the mandatory
suspension or revocation of the firearms license of a person against
whom an order of protection or a temporary order of protection has
been issued.

Section 48 of the bill amends the Penal Law to require that every
county recertify a gun license holder's license every five years.
Failure to recertify during this five year period equates to
revocation of the license. The section also adds bases for denial of a
license to an applicant, including connection of a felony or serious
offense, being presently subject to an order of protection; and
expands the criteria for denial based on an applicant's history of
mental illness.

Private Sales


Under current New York law, background checks on gun purchasers are
required for all purchases of guns from gun dealers and at gun shows.
Section 17 will expand this requirement by adding a new article to the
General Business Law requiring background checks to be completed for
all gun sales, except for immediate family. Thus private sellers may
transfer a gun only if the buyer has obtained a federal "NICS" check.
Further, dealers must maintain records of private sale background
checks, and private sellers may charge a fee of up to $10 on a
transaction. Transfers between immediate family members will be exempt
from the requirements of this section.

Safe Storage


To prevent, among other things, unauthorized and unlicensed use of
guns, section 47 of the bill adds a new Penal Law S 265.45
establishing safe storage requirements for rifles, shotguns and
firearms. Under this new section, a gun owner who lives with someone
who the owner has reason to know is prohibited from possessing a gun
because the prohibited person has been convicted of a crime punishable
by a term of imprisonment exceeding one year, has been adjudicated
mentally defective or committed to a mental institution, is subject to
a court order of protection or has been convicted of a misdemeanor
crime of domestic violence whose sentence has been completed in the
last five years must, when the gun is out of the owner's immediate
control, keep the gun secured in a safe storage depository (for
example, a safe or similar secure container with a lock that can be
opened only with a key or combination, or other locking mechanism) or
render it incapable of being fired by putting a safety lock on the
gun.

Provisions Related to Persons with Mental Illness


Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating is
likely to engage in conduct that will cause serious harm to him- or
herself or others. A good faith decision about whether to report will
not be a basis for any criminal or civil liability. When a Section
9.46 report is made, the Division of Criminal Justice Services will
determine whether the person possesses a firearms license and, if so,
will notify the appropriate local licensing official, who must suspend
the license. The person's firearms will then be removed.

The bill extends Kendra's Law through 2017 and amends the law by:
extending the duration of the initial assisted out-patient treatment
order from 6 months to one year; requiring a review before the
assisted out-patient treatment order for a mentally ill inmate is
terminated; requiring an assisted out-patient treatment order to
follow a person from one county to another if he or she changes
residence; and will require the Office of Mental Hygiene (OMH) to
conduct an assisted out-patient treatment assessment with a state
prisoner is being discharged to the community from and OHM hospital.

New and Enhanced Criminal Penalties


Several sections of the bill create new and enhanced penalties for
illegal gun use. Sections 33 through 36, known as "Mark's Law," will
include the intentional murder of certain first responders in the
Class A-1 felonies of murder in the first degree and aggravated
murder. The mandatory penalty for a conviction of aggravated murder is
life without parole.

A new Penal Law Section 460.22, aggravated enterprise corruption,
recognizes the significant threat to public safety posed by organized
violent gangs and their illegal purchases of weapons by creating an
A-1 felony for cases when members of the enterprise commit certain
combinations of offenses. Those combinations are: first, a pattern of
criminal activity that constitutes Class B felonies or higher, and at
least two of those acts are armed felonies; or second, one act is a
Class B violent felony and two acts constitute a violation of the
newly added Section 265.17 (3) which prohibits the purchase on behalf
of or disposal of a weapon to an individual who is prohibited by law
from possessing such a weapon. This provision also addresses the issue
of "straw purchasers" where individuals who are not prohibited by law
to purchase weapons do so for others, for example, gang members who
may not possess a weapon because of a prior conviction or other
disability under law.

Section 41 increases the penalty for possession of a firearm on school
grounds or on a school bus from a misdemeanor to a Class E Felony.
Section 41-a creates a new subdivision of criminal possession of a
weapon in the third degree, a Class D violent felony, when a person
possesses an unloaded firearm and also commits a drug trafficking
felony or possesses an unloaded firearm and also commits any violent
felony as part of the same criminal transaction. The mandatory minimum
sentence for these new Class D felonies is a three and one-half year
determinate sentence, although the court may consider mitigating
factors and impose a lesser sentence in some limited circumstances
involving drug trafficking.

Section 45 creates the crime of aggravated criminal possession of a
weapon, a Class C felony, which is committed when one possesses a
loaded firearm under S 255.03 of the Penal Law and also commits any
violent felony offense or a drug trafficking felony. The minimum
mandatory sentence is 5 years.

Section 32 amends Penal Law S 120.05 by adding a new subdivision 4-a
to create the crime of assault in the second degree when a person
recklessly causes physical injury to a child by the intentional
discharge of a firearm, rifle or shotgun.

Section 43 amends Penal Law S 265.17 to include criminal sale or
disposal of a weapon by providing a firearm, rifle or shotgun to a
person knowing he or she is prohibited by law from possessing such
firearm, rifle or shotgun. The penalty is raised from a Class A
misdemeanor to a Class D felony.


Section 31 adds Penal Law S 115.20 making it a Class A misdemeanor to
make available, sell, exchange, give or dispose of a community gun
that aids a person in committing a crime. A community gun is defined
as one that is made available to among or between two or more persons
at least one of whom is not authorized pursuant to law to possess such
firearm.

Safer Schools


The bill adds a new Section 2801-b to the Education Law to establish
New York State School Safety Improvement Teams to review, assess, and
make recommendations on School Safety Plans submitted by school
districts on a voluntary basis.  Section 3602 of the Education Law is
amended to allow school districts that purchase various security
devices included in their School Safety Plans to receive state
building aid reimbursement at a rate ten percent higher than their
current building aid ratio. Section 55 is the severability clause, and
Section 56 establishes the effective date.

 EXISTING LAW :

This bill amends the Correction Law, the Criminal Procedure Law, the
Domestic Relations Law, the Executive Law, the Family Court Act, the
General Business Law, the Judiciary Law, Kendra's Law (Section 18 of
Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the Laws
of 2010), the Mental Hygiene Law, the Penal Law, and the Surrogates
Court Act.

 STATEMENT IN SUPPORT :

In the wrong hands, guns are weapons of untold destruction and
heartbreak: family and community members are taken from us in an
instant; mass shootings shatter our sense of safety in public spaces;
street crimes plague our neighborhoods. Nationwide, gun violence
claims over 30,000 lives annually.

While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that that right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the
Heller case, the Supreme Court explained, "nothing in our opinion
should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws
forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms." 554 U.S. at 626-27.
The Court also recognized there is a "historical tradition of
prohibiting the carrying of 'dangerous and unusual' weapons." Id.
This piece of legislation heeds the guidance of the Supreme Court by
refining and improving the assault weapon ban and increasing the
safety of New Yorkers while observing the protections of the Second
Amendment.

Some weapons are so dangerous and some ammunition devices so lethal
that we simply cannot afford to continue selling them in our state.
Assault weapons that have military-style features unnecessary for
hunting and sporting purposes are this kind of weapon. The test
adopted in this legislation is intended to bring a simplicity of
definition focusing on the lethality of the weapon, amplified by the
particular features. Given the difficulty of maintaining a list of
guns that keeps pace with changes in weapon design, the one-feature
test is a more comprehensive means for addressing these dangerous
weapons.

Ammunition


The state's previous ban against high capacity magazines faltered
because it was impossible to tell the difference between magazines
manufactured before or after the effective date of the ban. This bill
prohibits possession of all magazines with the capacity to contain
more than ten rounds, regardless of the date of manufacture. Going
forward, individuals will only be able to obtain magazines that can
contain up to seven rounds. Those who currently possess magazines that
can contain more than seven rounds will only be permitted to maintain
up to seven rounds in such magazines.

The new law also provides a mechanism to identify individual who
purchase unusually high volumes of ammunition, either in person or
over the Internet. Sellers must run the buyer's name through a State
database modeled after the federal "NICS" database to ensure the buyer
is not prohibited by law from possessing ammunition. Ammunition
sellers are also required to electronically file with the State
records of each ammunition sale, including amount sold.

In order to prevent circumvention of these new controls, this bill
requires that any seller--whether located in New York or out of
state-ship the ammunition to a dealer within New York for in-person
pick-up. The dealer is required to maintain records of the ammunition
sale and to perform a State review of disqualifiers. Direct shipment
of ammunition without a face-to-face transaction prevents a seller
from being able to adequately confirm the identity of a buyer through
the in-person inspection of a valid photo ID. Without adequate
confirmation of a buyer's identity, the benefits of background checks
and record keeping are completely circumvented. A law requiring all
ammunition sales to culminate in a face-to-face transfer, thereby
allowing for effective confirmation of purchaser identity and
corresponding background check, is consistent with this scheme.

Licensing


Currently in New York State, outside of New York City, Westchester,
Nassau and Suffolk Counties, a gun license never expires. Lack of a
renewal procedure means there is no periodic review of a licensee's
qualifications. Thus, if a license holder becomes disqualified from
carrying a gun subsequent to obtaining a license, he or she will
likely retain the license. This law requires every license holder to
recertify the licensee's gun license every five years. Failure of a
licensee to have his or her license recertified will result in
revocation of the license.

In addition, in order to ensure that legal gun license holders receive
their licenses as swiftly as possible and to ensure the swift and
accurate ability to match license holders with disqualifying events
such as a felony conviction, the bill establishes an electronic
license and record database. The electronic database will permit
regular matching by the State against records of prohibited persons
(e.g., those with criminal histories, orders of protection, and mental
illnesses that bar gun ownership and licensing) as well as against
other databases such as death records to ensure that New York's
license records are up to date.

Furthermore, orders of protection are intended to protect victims of
domestic violence from their abusers and prevent violent crimes from
occurring. This bill enhances protections for victims of domestic
violence by strengthening the provisions regarding the possession and
surrender of firearms and the suspension and revocation of, and
ineligibility for, licenses by individuals who are the respondents in
an order of protection. The bill makes changes to the Family Court Act
to conform to the 2007 amendments made to the CPL.

Private Gun Sales


Under current New York law, background checks on purchasers are
required for all purchases of guns from gun dealers and at gun shows,
however, individuals that purchase guns through private sellers are
not required to undergo background checks. This bill requires
background checks for all gun sales, including private sales, ensuring
that otherwise disqualified individuals cannot circumvent the law by
obtaining guns buying from a private seller.

Safe Storage


To prevent unauthorized possession and use of guns, this bill requires
anyone who owns a gun or who lives with someone who the owner has
reason to know is disqualified from possessing a gun under certain
provisions of federal law to secure any gun in a safe storage
depository or render it incapable of being fired by putting a safety
lock on the gun if it is to be outside the owner's direct control.

Persons with Mental Illness


This bill adds provisions to revoke or suspend licenses of individuals
with mental illness who, in the opinion of mental health professionals
would pose a danger to themselves or others should they possess guns.
The bill also extends and expands Kendra's Law to provide additional
out-patient treatment services to persons with mental illness.

New and Enhanced Criminal Penalties


The new and amended sections of the Penal Law are focused on the
methods by which gun violence is often carried out in our communities,
giving law enforcement better tools to punish and deter such conduct.
As the presence of illegal guns on our streets endangers the welfare
of entire communities, these provisions ensure appropriate penalties
for making guns available to prohibited persons, as well as putting
our children at risk by, among other dangerous and illegal activities,
possessing guns near school grounds. In addition, recognizing the
widespread violence caused by gang activity, the bill establishes
penalties for participation in gang activity resulting in the
commission of a violent crime.

The bill also contains new provisions acknowledging the danger that
our first responders face every day as they protect other New Yorkers
by establishing an enhanced penalty for knowingly causing the death of
a first responder in the course of his or her duties.

 LEGISLATIVE HISTORY :

New proposal.

 BUDGET IMPLICATIONS :

Any costs related to this bill will be paid out of the Division of
State Police capital budget.

 EFFECTIVE DATE :
The bill will take effect immediately except where otherwise provided.
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A02388 Text:

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

           S. 2230                                                  A. 2388

                              2013-2014 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                   January 14, 2013
                                      ___________

       IN  SENATE  --  Introduced  by  Sens. KLEIN, SMITH -- (at request of the
         Governor) -- read twice and ordered printed, and when  printed  to  be
         committed to the Committee on Rules

       IN  ASSEMBLY  --  Introduced by M. of A. SILVER, LENTOL, ORTIZ, MORELLE,
         FARRELL, WEINSTEIN, CAMARA, HOOPER, O'DONNELL, TITONE,  PAULIN,  MOYA,
         GLICK,  WRIGHT, SCHIMEL, GOTTFRIED, ROSENTHAL, KAVANAGH, STECK, WEPRIN
         --  Multi-Sponsored  by  --  M.  of  A.  ABINANTI,  BOYLAND,  BRENNAN,
         BROOK-KRASNY,  BUCHWALD,  CASTRO, COLTON, DINOWITZ, ENGLEBRIGHT, ESPI-
         NAL, FAHY, JACOBS,  JAFFEE,  KELLNER,  KIM,  LAVINE,  LIFTON,  MARKEY,
         MAYER, MILLMAN, MOSLEY, OTIS, ROSA, ROZIC -- (at request of the Gover-
         nor) -- read once and referred to the Committee on Codes

       AN  ACT  to  amend  the  criminal procedure law, the correction law, the
         family court act, the executive law, the  general  business  law,  the
         judiciary  law,  the  mental hygiene law, the penal law and the surro-
         gate's court procedure act, in relation to suspension  and  revocation
         of  firearms licenses; private sale or disposal of firearms, rifles or
         shotguns and establishing a minimum age to possess a firearm; to amend
         the family court act, the domestic  relations  law  and  the  criminal
         procedure  law,  in relation to providing for the mandatory suspension
         or revocation of the firearms license of  a  person  against  whom  an
         order of protection or a temporary order of protection has been issued
         under  certain  circumstances, or upon violation of any such order; to
         amend the penal law, in relation to community guns  and  the  criminal
         sale of a firearm and in relation to the definitions of aggravated and
         first  degree murder; to amend chapter 408 of the laws of 1999 consti-
         tuting Kendra's Law, in relation to extending the expiration  thereof;
         and  to  amend  the  education  law, in relation to the New York state
         school safety improvement teams; and in relation to building  aid  for
         metal detectors and safety devices

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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12007-03-3
       S. 2230                             2                            A. 2388

    1    Section 1. Section 330.20 of the criminal procedure law is amended  by
    2  adding a new subdivision 2-a to read as follows:
    3    2-A.  FIREARM,  RIFLE  OR  SHOTGUN  SURRENDER  ORDER.  UPON ENTRY OF A
    4  VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL  DISEASE  OR  DEFECT,  OR
    5  UPON  THE  ACCEPTANCE  OF  A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
    6  DISEASE OR DEFECT, OR UPON A FINDING THAT THE DEFENDANT IS AN  INCAPACI-
    7  TATED  PERSON  PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS CHAPTER,
    8  THE COURT SHALL REVOKE THE DEFENDANT'S FIREARM LICENSE, IF ANY,  INQUIRE
    9  OF  THE DEFENDANT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM, RIFLE
   10  OR SHOTGUN OWNED OR POSSESSED BY SUCH DEFENDANT AND DIRECT THE SURRENDER
   11  OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBPARAGRAPH (F) OF  PARA-
   12  GRAPH  ONE  OF  SUBDIVISION  A  OF SECTION 265.20 AND SUBDIVISION SIX OF
   13  SECTION 400.05 OF THE PENAL LAW.
   14    S 2. The criminal procedure law is amended by  adding  a  new  section
   15  380.96 to read as follows:
   16  S 380.96 OBLIGATION OF SENTENCING COURT PURSUANT TO ARTICLE FOUR HUNDRED
   17             OF THE PENAL LAW.
   18    UPON  JUDGMENT  OF  CONVICTION  OF ANY OFFENSE WHICH WOULD REQUIRE THE
   19  SEIZURE OF FIREARMS, SHOTGUNS OR RIFLES FROM AN INDIVIDUAL SO CONVICTED,
   20  AND THE REVOCATION OF ANY LICENSE OR  REGISTRATION  ISSUED  PURSUANT  TO
   21  ARTICLE  FOUR  HUNDRED  OF THE PENAL LAW, THE JUDGE PRONOUNCING SENTENCE
   22  SHALL DEMAND SURRENDER OF ANY  SUCH  LICENSE  OR  REGISTRATION  AND  ALL
   23  FIREARMS,  SHOTGUNS AND RIFLES. THE FAILURE TO SO DEMAND SURRENDER SHALL
   24  NOT EFFECT THE VALIDITY OF  ANY  REVOCATION  PURSUANT  TO  ARTICLE  FOUR
   25  HUNDRED OF THE PENAL LAW.
   26    S  3.  Section  404  of  the correction law is amended by adding a new
   27  subdivision 3 to read as follows:
   28    3. WITHIN A REASONABLE PERIOD PRIOR TO DISCHARGE OF AN INMATE  COMMIT-
   29  TED FROM A STATE CORRECTIONAL FACILITY FROM A HOSPITAL IN THE DEPARTMENT
   30  OF  MENTAL  HYGIENE  TO  THE COMMUNITY, THE DIRECTOR SHALL ENSURE THAT A
   31  CLINICAL ASSESSMENT HAS BEEN COMPLETED TO DETERMINE WHETHER  THE  INMATE
   32  MEETS  THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDI-
   33  VISION (C) OF SECTION 9.60 OF THE MENTAL HYGIENE LAW.  IF, AS  A  RESULT
   34  OF  SUCH  ASSESSMENT, THE DIRECTOR DETERMINES THAT THE INMATE MEETS SUCH
   35  CRITERIA, PRIOR TO DISCHARGE THE DIRECTOR OF THE HOSPITAL  SHALL  EITHER
   36  PETITION  FOR  A  COURT  ORDER  PURSUANT  TO  SECTION 9.60 OF THE MENTAL
   37  HYGIENE LAW, OR REPORT IN WRITING TO THE DIRECTOR OF COMMUNITY  SERVICES
   38  OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INMATE IS EXPECTED TO RESIDE
   39  SO  THAT  AN  INVESTIGATION MAY BE CONDUCTED PURSUANT TO SECTION 9.47 OF
   40  THE MENTAL HYGIENE LAW.
   41    S 4. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
   42  as added by chapter 644 of the laws of 1996, paragraph (a)  of  subdivi-
   43  sion  1 as amended by chapter 434 of the laws of 2000, the opening para-
   44  graph of subdivision 3 as amended by chapter 597 of the  laws  of  1998,
   45  paragraph  (a) of subdivision 3 as amended by chapter 635 of the laws of
   46  1999, are amended to read as follows:
   47    1.  [Mandatory  and  permissive  suspension]  SUSPENSION  of  firearms
   48  license  and  ineligibility  for  such  a license upon the issuance of a
   49  temporary order of protection.  Whenever a temporary order of protection
   50  is issued  pursuant  to  section  eight  hundred  twenty-eight  of  this
   51  article,  OR  PURSUANT  TO ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS
   52  ACT:
   53    (a) the court shall suspend any such existing license possessed by the
   54  respondent, order the respondent ineligible  for  such  a  license,  and
   55  order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
   56  ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
       S. 2230                             3                            A. 2388

    1  400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
    2  the  court  receives  information  that  gives  the  court good cause to
    3  believe that: (i) the respondent has a prior conviction of  any  violent
    4  felony  offense  as  defined in section 70.02 of the penal law; (ii) the
    5  respondent has previously been found to have willfully failed to obey  a
    6  prior  order  of  protection  and  such willful failure involved (A) the
    7  infliction of [serious] physical injury, as defined in subdivision [ten]
    8  NINE of section 10.00 of the penal law, (B) the use or threatened use of
    9  a deadly weapon or dangerous instrument as those terms  are  defined  in
   10  subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
   11  (C) behavior constituting any  violent  felony  offense  as  defined  in
   12  section  70.02  of  the  penal  law; or (iii) the respondent has a prior
   13  conviction for stalking in the first degree as defined in section 120.60
   14  of the penal law, stalking in the second degree as  defined  in  section
   15  120.55  of  the  penal  law,  stalking in the third degree as defined in
   16  section 120.50 of the penal law or stalking  in  the  fourth  degree  as
   17  defined in section 120.45 of such law; and
   18    (b)  the  court  [may]  SHALL where the court finds a substantial risk
   19  that the respondent may use or threaten  to  use  a  firearm  unlawfully
   20  against  the  person or persons for whose protection the temporary order
   21  of protection is issued, suspend any such existing license possessed  by
   22  the  respondent, order the respondent ineligible for such a license, and
   23  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
   24  ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
   25  400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
   26    2. [Mandatory and permissive revocation] REVOCATION or  suspension  of
   27  firearms  license and ineligibility for such a license upon the issuance
   28  of an order of protection. Whenever an order  of  protection  is  issued
   29  pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
   30  ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:
   31    (a)  the court shall revoke any such existing license possessed by the
   32  respondent, order the respondent ineligible  for  such  a  license,  and
   33  order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
   34  ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
   35  400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
   36  the  court  finds that the conduct which resulted in the issuance of the
   37  order of protection involved (i) the infliction  of  [serious]  physical
   38  injury,  as  defined  in  subdivision [ten] NINE of section 10.00 of the
   39  penal law, (ii) the use or threatened use of a deadly weapon or  danger-
   40  ous  instrument  as  those  terms are defined in subdivisions twelve and
   41  thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
   42  ing any violent felony offense as defined in section 70.02 of the  penal
   43  law; and
   44    (b)  the  court  [may] SHALL, where the court finds a substantial risk
   45  that the respondent may use or threaten  to  use  a  firearm  unlawfully
   46  against  the  person  or  persons  for  whose  protection  the  order of
   47  protection is issued, (i) revoke any such existing license possessed  by
   48  the  respondent,  order the respondent ineligible for such a license and
   49  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
   50  ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
   51  400.05 OF THE PENAL LAW, of any or all firearms owned  or  possessed  or
   52  (ii)  suspend or continue to suspend any such existing license possessed
   53  by the respondent, order the respondent ineligible for such  a  license,
   54  and  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARA-
   55  GRAPH ONE OF SUBDIVISION A OF SECTION  265.20  AND  SUBDIVISION  SIX  OF
       S. 2230                             4                            A. 2388

    1  SECTION  400.05  OF  THE  PENAL  LAW,  of  any  or all firearms owned or
    2  possessed.
    3    3.  [Mandatory  and permissive revocation] REVOCATION or suspension of
    4  firearms license and ineligibility for such a license upon a finding  of
    5  a  willful  failure to obey an order of protection OR TEMPORARY ORDER OF
    6  PROTECTION.  Whenever a respondent has been found, pursuant  to  section
    7  eight  hundred forty-six-a of this part to have willfully failed to obey
    8  an order of protection OR TEMPORARY ORDER OF PROTECTION issued  PURSUANT
    9  TO THIS ACT OR THE DOMESTIC RELATIONS LAW, OR by this court or [an order
   10  of  protection  issued]  by a court of competent jurisdiction in another
   11  state, territorial or tribal jurisdiction,  in  addition  to  any  other
   12  remedies available pursuant to section eight hundred forty-six-a of this
   13  part:
   14    (a)  the court shall revoke any such existing license possessed by the
   15  respondent, order the respondent ineligible  for  such  a  license,  and
   16  order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
   17  ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
   18  400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
   19  the  willful  failure  to obey such order involves (i) the infliction of
   20  [serious] physical injury, as  defined  in  subdivision  [ten]  NINE  of
   21  section  10.00  of  the  penal  law, (ii) the use or threatened use of a
   22  deadly weapon or dangerous instrument as  those  terms  are  defined  in
   23  subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
   24  (iii) behavior constituting any violent felony  offense  as  defined  in
   25  section  70.02  of the penal law; or (iv) behavior constituting stalking
   26  in the first degree as defined in  section  120.60  of  the  penal  law,
   27  stalking  in the second degree as defined in section 120.55 of the penal
   28  law, stalking in the third degree as defined in section  120.50  of  the
   29  penal  law or stalking in the fourth degree as defined in section 120.45
   30  of such law; and
   31    (b) the court [may] SHALL where the court  finds  a  substantial  risk
   32  that  the  respondent  may  use  or threaten to use a firearm unlawfully
   33  against the  person  or  persons  for  whose  protection  the  order  of
   34  protection was issued, (i) revoke any such existing license possessed by
   35  the  respondent,  order  the  respondent  ineligible for such a license,
   36  whether or not the respondent possesses such a license,  and  order  the
   37  immediate  surrender  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
   38  SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF
   39  THE PENAL LAW, of any or all firearms owned or possessed or (ii) suspend
   40  any such  existing  license  possessed  by  the  respondent,  order  the
   41  respondent  ineligible  for  such  a  license,  and  order the immediate
   42  surrender of any or all firearms owned or possessed.
   43    S 5. Section 846-a of the family court act, as amended by chapter  597
   44  of the laws of 1998, is amended to read as follows:
   45    S  846-a.  Powers on failure to obey order. If a respondent is brought
   46  before the court for failure to obey any lawful order issued under  this
   47  article  or  an  order  of  protection  OR TEMPORARY ORDER OF PROTECTION
   48  issued PURSUANT TO THIS ACT OR ISSUED by a court of competent  jurisdic-
   49  tion of another state, territorial or tribal jurisdiction [in a proceed-
   50  ing]  and  if,  after hearing, the court is satisfied by competent proof
   51  that the respondent has willfully failed to obey  any  such  order,  the
   52  court  may  modify an existing order OR TEMPORARY ORDER OF PROTECTION to
   53  add  reasonable  conditions  of  behavior  to  the  existing  order  [of
   54  protection],  make  a new order of protection in accordance with section
   55  eight hundred forty-two OF THIS PART, may order the forfeiture  of  bail
   56  in  a  manner consistent with article five hundred forty of the criminal
       S. 2230                             5                            A. 2388

    1  procedure law if bail has been ordered pursuant to this act,  may  order
    2  the  respondent to pay the petitioner's reasonable and necessary counsel
    3  fees in connection with the violation petition  where  the  court  finds
    4  that the violation of its order was willful, and may commit the respond-
    5  ent to jail for a term not to exceed six months.  Such commitment may be
    6  served  upon  certain  specified  days or parts of days as the court may
    7  direct, and the court may, at any time within the term of such sentence,
    8  revoke such suspension and commit the respondent for  the  remainder  of
    9  the original sentence, or suspend the remainder of such sentence. If the
   10  court  determines  that  the willful failure to obey such order involves
   11  violent behavior constituting the crimes of menacing, reckless endanger-
   12  ment, assault or attempted assault and if such a respondent is  licensed
   13  to  carry,  possess,  repair and dispose of firearms pursuant to section
   14  400.00 of the penal law, the court  may  also  immediately  revoke  such
   15  license and may arrange for the immediate surrender PURSUANT TO SUBPARA-
   16  GRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDI-
   17  VISION  SIX  OF  SECTION  400.05  OF  THE PENAL LAW, and disposal of any
   18  firearm such respondent owns or possesses.   If the willful  failure  to
   19  obey  such order involves the infliction of [serious] physical injury as
   20  defined in subdivision [ten] NINE of section 10.00 of the penal  law  or
   21  the use or threatened use of a deadly weapon or dangerous instrument, as
   22  those  terms  are defined in subdivisions twelve and thirteen of section
   23  10.00 of the penal law, such revocation and immediate surrender PURSUANT
   24  TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION  265.20
   25  AND  SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW SIX and disposal
   26  of any firearm owned or possessed  by  respondent  shall  be  mandatory,
   27  pursuant to subdivision eleven of section 400.00 of the penal law.
   28    S  6. The family court act is amended by adding a new section 446-a to
   29  read as follows:
   30    S 446-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
   31  INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
   32  ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
   33  MAKE A DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION  OF  A
   34  LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
   35  INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  IN
   36  ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
   37    S  7.  The  family court act is amended by adding a new section 552 to
   38  read as follows:
   39    S 552. FIREARMS; SURRENDER  AND  LICENSE  SUSPENSION,  REVOCATION  AND
   40  INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
   41  ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
   42  MAKE  A  DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION OF A
   43  LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  OR  FIREARMS,
   44  INELIGIBILITY  FOR  SUCH  A  LICENSE  AND  THE  SURRENDER OF FIREARMS IN
   45  ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
   46    S 8.  The family court act is amended by adding a new section 656-a to
   47  read as follows:
   48    S 656-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
   49  INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
   50  ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
   51  MAKE  A  DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION OF A
   52  LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  OR  FIREARMS,
   53  INELIGIBILITY  FOR  SUCH  A  LICENSE  AND  THE  SURRENDER OF FIREARMS IN
   54  ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
   55    S 9. The family court act is amended by adding a new section 780-a  to
   56  read as follows:
       S. 2230                             6                            A. 2388

    1    S  780-A.  FIREARMS;  SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
    2  INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR  TEMPORARY
    3  ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
    4  MAKE A DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION  OF  A
    5  LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
    6  INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  IN
    7  ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
    8    S  10.  The family court act is amended by adding a new section 1056-a
    9  to read as follows:
   10    S 1056-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION,  REVOCATION  AND
   11  INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
   12  ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
   13  MAKE  AN  ORDER  IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF
   14  THIS ACT.
   15    S 11. The first undesignated and closing paragraphs of  subdivision  3
   16  of section 240 of the domestic relations law, as added by chapter 606 of
   17  the laws of 1999, are amended to read as follows:
   18    G.  Any  party  moving for a temporary order of protection pursuant to
   19  this subdivision during hours when the court is open shall  be  entitled
   20  to  file  such  motion  or pleading containing such prayer for emergency
   21  relief on the same day that such person first appears at such court, and
   22  a hearing on the motion or portion of the pleading requesting such emer-
   23  gency relief shall be held on the same day or  the  next  day  that  the
   24  court is in session following the filing of such motion or pleading.
   25    H.  Upon  issuance  of  an  order  of protection or temporary order of
   26  protection or upon a violation of such order, the court [may] SHALL make
   27  [an order] A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF  A
   28  LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
   29  INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  in
   30  accordance  with  [section] SECTIONS eight hundred forty-two-a AND EIGHT
   31  HUNDRED FORTY-SIX-A of the family court act [directing the surrender  of
   32  firearms,  revoking  or  suspending  a  party's firearms license, and/or
   33  directing that such party be ineligible to receive a firearms  license],
   34  AS  APPLICABLE. Upon issuance of an order of protection pursuant to this
   35  section or upon a finding of a violation thereof,  the  court  also  may
   36  direct  payment  of  restitution in an amount not to exceed ten thousand
   37  dollars in accordance with subdivision  (e)  of  section  eight  hundred
   38  forty-one of such act; provided, however, that in no case shall an order
   39  of  restitution  be  issued  where  the  court determines that the party
   40  against whom the order would  be  issued  has  already  compensated  the
   41  injured  party  or  where  such  compensation is incorporated in a final
   42  judgment or settlement of the action.
   43    S 12. Subdivision 9 of section 252 of the domestic relations  law,  as
   44  added by chapter 606 of the laws of 1999, is amended to read as follows:
   45    9.  Upon  issuance  of  an  order  of protection or temporary order of
   46  protection or upon a violation of such order, the  court  [may  take  an
   47  order]  SHALL  MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCA-
   48  TION OF A LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A  FIREARM  OR
   49  FIREARMS, INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS
   50  in  accordance  with  [section]  SECTIONS  eight hundred forty-two-a AND
   51  EIGHT HUNDRED FORTY-SIX-A of the family court act [directing the surren-
   52  der of firearms, revoking or  suspending  a  party's  firearms  license,
   53  and/or  directing  that  such  party be ineligible to receive a firearms
   54  license], AS APPLICABLE. Upon issuance of an order of protection  pursu-
   55  ant  to this section or upon a finding of a violation thereof, the court
   56  also may direct payment of restitution in an amount not  to  exceed  ten
       S. 2230                             7                            A. 2388

    1  thousand  dollars  in  accordance  with subdivision (e) of section eight
    2  hundred forty-one of such act; provided, however, that in no case  shall
    3  an  order  of  restitution be issued where the court determines that the
    4  party against whom the order would be issued has already compensated the
    5  injured  party  or  where  such  compensation is incorporated in a final
    6  [judgement] JUDGMENT or settlement of the action.
    7    S 13. The opening paragraph and paragraph  (b)  of  subdivision  1  of
    8  section 530.14 of the criminal procedure law, as added by chapter 644 of
    9  the laws of 1996, are amended to read as follows:
   10    [Mandatory  and  permissive suspension] SUSPENSION of firearms license
   11  and ineligibility for such a license upon issuance of temporary order of
   12  protection.  Whenever a temporary order of protection is issued pursuant
   13  to subdivision one of section  530.12  or  subdivision  one  of  section
   14  530.13 of this article:
   15    (b)  the  court  [may]  SHALL where the court finds a substantial risk
   16  that the defendant may use or  threaten  to  use  a  firearm  unlawfully
   17  against  the  person or persons for whose protection the temporary order
   18  of protection is issued, suspend any such existing license possessed  by
   19  the  defendant,  order  the  defendant ineligible for such a license and
   20  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
   21  ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
   22  400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
   23    S 14. The opening paragraph and paragraph  (b)  of  subdivision  2  of
   24  section 530.14 of the criminal procedure law, as added by chapter 644 of
   25  the laws of 1996, are amended to read as follows:
   26    [Mandatory  and  permissive  revocation]  REVOCATION  or suspension of
   27  firearms license and ineligibility for such a license upon  issuance  of
   28  an order of protection. Whenever an order of protection is issued pursu-
   29  ant to subdivision five of section 530.12 or subdivision four of section
   30  530.13 of this article:
   31    (b)  the  court  [may]  SHALL where the court finds a substantial risk
   32  that the defendant may use or  threaten  to  use  a  firearm  unlawfully
   33  against  the  person  or  persons  for  whose  protection  the  order of
   34  protection is issued, (i) revoke any such existing license possessed  by
   35  the  defendant,  order  the  defendant ineligible for such a license and
   36  order the immediate surrender of any or all firearms owned or  possessed
   37  or  (ii)  suspend  or  continue  to  suspend  any  such existing license
   38  possessed by the defendant, order the defendant ineligible  for  such  a
   39  license  and  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F)
   40  OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX
   41  OF  SECTION  400.05  OF  THE  PENAL LAW, of any or all firearms owned or
   42  possessed.
   43    S 15. The opening paragraph and paragraph  (b)  of  subdivision  3  of
   44  section  530.14  of the criminal procedure law, the opening paragraph as
   45  amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
   46  chapter 644 of the laws of 1996, are amended to read as follows:
   47    [Mandatory and permissive  revocation]  REVOCATION  or  suspension  of
   48  firearms  license and ineligibility for such a license upon a finding of
   49  a willful failure to obey an order of protection. Whenever  a  defendant
   50  has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
   51  subdivision eight of section 530.13 of this article  to  have  willfully
   52  failed  to  obey  an  order of protection issued by a court of competent
   53  jurisdiction in this state  or  another  state,  territorial  or  tribal
   54  jurisdiction,  in  addition  to any other remedies available pursuant to
   55  subdivision eleven of section 530.12 or  subdivision  eight  of  section
   56  530.13 of this article:
       S. 2230                             8                            A. 2388

    1    (b)  the  court  [may]  SHALL where the court finds a substantial risk
    2  that the defendant may use or  threaten  to  use  a  firearm  unlawfully
    3  against  the  person  or  persons  for  whose  protection  the  order of
    4  protection was issued, (i) revoke any such existing license possessed by
    5  the  defendant,  order  the  defendant ineligible for such a license and
    6  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
    7  ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
    8  400.05 OF THE PENAL LAW, of any or all firearms owned  or  possessed  or
    9  (ii) suspend any such existing license possessed by the defendant, order
   10  the  defendant  ineligible  for  such  a license and order the immediate
   11  surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
   12  OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION  400.05  OF  THE  PENAL
   13  LAW, of any or all firearms owned or possessed.
   14    S  16.  Section  837  of  the executive law is amended by adding a new
   15  subdivision 19 to read as follows:
   16    19. RECEIVE  NAMES  AND  OTHER  NON-CLINICAL  IDENTIFYING  INFORMATION
   17  PURSUANT  TO  SECTION 9.46 OF THE MENTAL HYGIENE LAW; PROVIDED, HOWEVER,
   18  ANY SUCH INFORMATION SHALL BE DESTROYED FIVE YEARS AFTER  SUCH  RECEIPT,
   19  OR  PURSUANT  TO A PROCEEDING BROUGHT UNDER ARTICLE SEVENTY-EIGHT OF THE
   20  CIVIL PRACTICE LAW AND RULES DETERMINING THAT AN INDIVIDUAL IS  ELIGIBLE
   21  FOR  A LICENSE PURSUANT TO SECTION 400.00 OF THE PENAL LAW AND OTHERWISE
   22  PERMITTED TO POSSESS A FIREARM.
   23    S 17. The general business law is amended  by  adding  a  new  article
   24  39-DDD to read as follows:
   25                               ARTICLE 39-DDD
   26          PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
   27  SECTION 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.
   28    S  898.  PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS. 1.
   29  IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO STATE AND FEDERAL LAW,
   30  ALL SALES, EXCHANGES OR DISPOSALS OF FIREARMS, RIFLES OR SHOTGUNS  SHALL
   31  BE  CONDUCTED IN ACCORDANCE WITH THIS SECTION UNLESS SUCH SALE, EXCHANGE
   32  OR DISPOSAL IS CONDUCTED BY A LICENSED IMPORTER,  LICENSED  MANUFACTURER
   33  OR  LICENSED  DEALER,  AS  THOSE TERMS ARE DEFINED IN 18 USC S 922, WHEN
   34  SUCH SALE, EXCHANGE OR DISPOSAL IS CONDUCTED PURSUANT TO  THAT  PERSON'S
   35  FEDERAL  FIREARMS  LICENSE OR SUCH SALE, EXCHANGE OR DISPOSAL IS BETWEEN
   36  MEMBERS OF AN IMMEDIATE FAMILY. FOR PURPOSES OF THIS SECTION, "IMMEDIATE
   37  FAMILY" SHALL MEAN SPOUSES, DOMESTIC PARTNERS, CHILDREN  AND  STEP-CHIL-
   38  DREN.
   39    2.  BEFORE  ANY SALE, EXCHANGE OR DISPOSAL PURSUANT TO THIS ARTICLE, A
   40  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK MUST BE COMPLETED BY A DEALER
   41  WHO CONSENTS TO CONDUCT SUCH CHECK, AND UPON COMPLETION  OF  SUCH  BACK-
   42  GROUND  CHECK,  SHALL  COMPLETE  A  DOCUMENT, THE FORM OF WHICH SHALL BE
   43  APPROVED BY THE SUPERINTENDENT OF  STATE  POLICE,  THAT  IDENTIFIES  AND
   44  CONFIRMS THAT SUCH CHECK WAS PERFORMED.
   45    3.  ALL DEALERS SHALL MAINTAIN A RECORD OF SUCH TRANSACTIONS CONDUCTED
   46  PURSUANT TO THIS SECTION AND SUCH RECORD  SHALL  BE  MAINTAINED  ON  THE
   47  PREMISES MENTIONED AND DESCRIBED IN THE LICENSE AND SHALL BE OPEN AT ALL
   48  REASONABLE HOURS FOR INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO
   49  HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER.
   50    4.  A  DEALER MAY REQUIRE THAT ANY SALE OR TRANSFER CONDUCTED PURSUANT
   51  TO THIS SECTION BE SUBJECT TO A FEE OF NOT TO  EXCEED  TEN  DOLLARS  PER
   52  TRANSACTION.
   53    5.  ANY  RECORD PRODUCED PURSUANT TO THIS SECTION AND ANY TRANSMISSION
   54  THEREOF TO ANY GOVERNMENT AGENCY SHALL NOT BE CONSIDERED A PUBLIC RECORD
   55  FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
       S. 2230                             9                            A. 2388

    1    6. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS  OF  THIS  ARTICLE
    2  SHALL  BE  GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN
    3  THE PENAL LAW.
    4    S  18.  Paragraph (q) of subdivision 2 of section 212 of the judiciary
    5  law, as added by chapter 491 of the laws of 2008, is amended to read  as
    6  follows:
    7    (q)  Adopt  rules  to  require  transmission,  to the criminal justice
    8  information services division of the federal bureau of investigation  or
    9  to  the  division  of  criminal  justice services, of the name and other
   10  identifying information of each person who has a guardian appointed  for
   11  him  or  her pursuant to any provision of state law, based on a determi-
   12  nation that  as  a  result  of  marked  subnormal  intelligence,  mental
   13  illness,  incapacity,  condition  or disease, he or she lacks the mental
   14  capacity to contract or manage his or her own affairs.  ANY SUCH RECORDS
   15  TRANSMITTED DIRECTLY TO THE FEDERAL BUREAU OF INVESTIGATION MUST ALSO BE
   16  TRANSMITTED TO THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  AND  ANY
   17  RECORDS  RECEIVED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT
   18  TO THIS PARAGRAPH MAY BE  CHECKED  AGAINST  THE  STATEWIDE  LICENSE  AND
   19  RECORD DATABASE.
   20    S  19.  Subdivision  (j) of section 7.09 of the mental hygiene law, as
   21  added by chapter 491 of the laws of 2008, is amended to read as follows:
   22    (j) (1) The commissioner, in cooperation with other  applicable  state
   23  agencies,  shall  [be  authorized  to] collect, retain or modify data or
   24  records, [or to] AND SHALL transmit such data or  records:  (I)  to  the
   25  division of criminal justice services, or to the criminal justice infor-
   26  mation services division of the federal bureau of investigation, for the
   27  purposes of responding to queries to the national instant criminal back-
   28  ground  check  system  regarding  attempts to purchase or otherwise take
   29  possession of firearms, as defined in 18 USC  921(a)(3),  in  accordance
   30  with  applicable federal laws or regulations, OR (II) TO THE DIVISION OF
   31  CRIMINAL JUSTICE SERVICES, WHICH MAY RE-DISCLOSE SUCH DATA  AND  RECORDS
   32  ONLY FOR DETERMINING WHETHER A LICENSE ISSUED PURSUANT TO SECTION 400.00
   33  OF  THE PENAL LAW SHOULD BE DENIED, SUSPENDED OR REVOKED, UNDER SUBDIVI-
   34  SION ELEVEN OF SUCH SECTION, OR FOR DETERMINING WHETHER A PERSON  IS  NO
   35  LONGER  PERMITTED UNDER FEDERAL OR STATE LAW TO POSSESS A FIREARM.  Such
   36  records, WHICH MAY NOT BE USED FOR ANY OTHER PURPOSE, shall include only
   37  names and other non-clinical identifying information of persons who have
   38  been involuntarily committed to a hospital pursuant to article  nine  of
   39  this  chapter, OR SECTION FOUR HUNDRED TWO OR SUBDIVISION TWO OF SECTION
   40  FIVE HUNDRED EIGHT OF THE CORRECTION LAW, or article seven hundred thir-
   41  ty or section 330.20 of the criminal procedure law or sections 322.2  or
   42  353.4  of the family court act, or to a secure treatment facility pursu-
   43  ant to article ten of this chapter.
   44    (2) The commissioner shall  establish  within  the  office  of  mental
   45  health  an administrative process to permit a person who has been or may
   46  be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
   47  922(4)(d) OR WHO HAS BEEN OR MAY BE DISQUALIFIED FROM CONTINUING TO HAVE
   48  A  LICENSE  TO  CARRY,  POSSESS,  REPAIR,  OR DISPOSE OF A FIREARM UNDER
   49  SECTION 400.00 OF THE PENAL LAW BECAUSE SUCH  PERSON  WAS  INVOLUNTARILY
   50  COMMITTED  OR  CIVILLY  CONFINED TO A FACILITY UNDER THE JURISDICTION OF
   51  THE COMMISSIONER, to petition for relief from that disability where such
   52  person's record and reputation are such that such  person  will  not  be
   53  likely  to  act  in  a  manner  dangerous to public safety and where the
   54  granting of the relief would not  be  contrary  to  public  safety.  The
   55  commissioner  shall  promulgate regulations to establish the relief from
   56  disabilities program, which  shall  include,  but  not  be  limited  to,
       S. 2230                            10                            A. 2388

    1  provisions  providing  for: (i) an opportunity for a disqualified person
    2  to petition for relief in writing; (ii) the authority for the agency  to
    3  require  that  the  petitioner  undergo  a  clinical evaluation and risk
    4  assessment;  and (iii) a requirement that the agency issue a decision in
    5  writing explaining the reasons for a denial  or  grant  of  relief.  The
    6  denial  of  a  petition  for relief from disabilities may be reviewed de
    7  novo pursuant to the proceedings  under  article  seventy-eight  of  the
    8  civil practice law and rules.
    9    S  20.  The mental hygiene law is amended by adding a new section 9.46
   10  to read as follows:
   11  S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM  BY  MENTAL  HEALTH
   12            PROFESSIONALS.
   13    (A)  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "MENTAL HEALTH PROFES-
   14  SIONAL" SHALL INCLUDE A PHYSICIAN,  PSYCHOLOGIST,  REGISTERED  NURSE  OR
   15  LICENSED CLINICAL SOCIAL WORKER.
   16    (B)  NOTWITHSTANDING  ANY  OTHER  LAW  TO  THE CONTRARY, WHEN A MENTAL
   17  HEALTH PROFESSIONAL CURRENTLY PROVIDING TREATMENT SERVICES TO  A  PERSON
   18  DETERMINES,  IN  THE  EXERCISE OF REASONABLE PROFESSIONAL JUDGMENT, THAT
   19  SUCH PERSON IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN  SERIOUS
   20  HARM  TO  SELF OR OTHERS, HE OR SHE SHALL BE REQUIRED TO REPORT, AS SOON
   21  AS PRACTICABLE, TO THE DIRECTOR OF COMMUNITY SERVICES, OR THE DIRECTOR'S
   22  DESIGNEE, WHO SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE  SERVICES
   23  WHENEVER  HE  OR  SHE AGREES THAT THE PERSON IS LIKELY TO ENGAGE IN SUCH
   24  CONDUCT.  INFORMATION TRANSMITTED TO THE DIVISION  OF  CRIMINAL  JUSTICE
   25  SERVICES  SHALL  BE  LIMITED TO NAMES AND OTHER NON-CLINICAL IDENTIFYING
   26  INFORMATION, WHICH MAY ONLY BE USED FOR DETERMINING  WHETHER  A  LICENSE
   27  ISSUED  PURSUANT  TO SECTION 400.00 OF THE PENAL LAW SHOULD BE SUSPENDED
   28  OR REVOKED, OR FOR DETERMINING WHETHER A  PERSON  IS  INELIGIBLE  FOR  A
   29  LICENSE  ISSUED  PURSUANT  TO  SECTION 400.00 OF THE PENAL LAW, OR IS NO
   30  LONGER PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM.
   31    (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  REQUIRE  A  MENTAL
   32  HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON-
   33  ABLE  PROFESSIONAL  JUDGMENT,  WOULD ENDANGER SUCH MENTAL HEALTH PROFES-
   34  SIONAL OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
   35    (D) THE DECISION OF A MENTAL HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO
   36  DISCLOSE IN ACCORDANCE WITH THIS SECTION, WHEN MADE  REASONABLY  AND  IN
   37  GOOD  FAITH,  SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
   38  OF SUCH MENTAL HEALTH PROFESSIONAL.
   39    S 21. Paragraph 5 of subdivision (b) of section  9.47  of  the  mental
   40  hygiene law is renumbered paragraph 7 and two new paragraphs 5 and 6 are
   41  added to read as follows:
   42    (5)  ENSURING  EVALUATION  OF THE NEED FOR ONGOING ASSISTED OUTPATIENT
   43  TREATMENT PURSUANT TO SUBDIVISION (K) OF SECTION 9.60  OF  THIS  ARTICLE
   44  PRIOR TO THE EXPIRATION OF ANY ASSISTED OUTPATIENT TREATMENT ORDER;
   45    (6)  IF  HE  OR  SHE  HAS  BEEN  ORDERED TO PROVIDE FOR OR ARRANGE FOR
   46  ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH FIVE OF  SUBDIVISION
   47  (J)  OF  SECTION 9.60 OF THIS ARTICLE OR BECAME THE APPROPRIATE DIRECTOR
   48  PURSUANT TO THIS PARAGRAPH OR SUBDIVISION (C) OF SECTION  9.48  OF  THIS
   49  ARTICLE,  NOTIFYING THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY
   50  OF RESIDENCE WHEN HE OR SHE HAS  REASON  TO  BELIEVE  THAT  AN  ASSISTED
   51  OUTPATIENT  HAS OR WILL CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE
   52  PENDENCY OF AN ASSISTED OUTPATIENT TREATMENT ORDER.  UPON SUCH CHANGE OF
   53  RESIDENCE, THE DIRECTOR OF THE NEW COUNTY OF RESIDENCE SHALL BECOME  THE
   54  APPROPRIATE  DIRECTOR,  AS  SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS
   55  ARTICLE; AND
       S. 2230                            11                            A. 2388

    1    S 22. Section 9.48 of the mental hygiene law is amended  by  adding  a
    2  new subdivision (c) to read as follows:
    3    (C)  DIRECTORS  OF  ASSISTED  OUTPATIENT  TREATMENT PROGRAMS PROVIDING
    4  SERVICES DESCRIBED IN PARAGRAPH ONE OF SUBDIVISION (A) OF  SECTION  9.60
    5  OF  THIS  ARTICLE  PURSUANT TO ANY COURT ORDER ISSUED UNDER SUCH SECTION
    6  SHALL EVALUATE THE NEED FOR ONGOING ASSISTED OUTPATIENT TREATMENT PURSU-
    7  ANT TO SUBDIVISION (K) OF SECTION 9.60 OF  THIS  ARTICLE  PRIOR  TO  THE
    8  EXPIRATION  OF ANY ASSISTED OUTPATIENT TREATMENT ORDER; AND SHALL NOTIFY
    9  THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY OF  RESIDENCE  WHEN
   10  HE  OR SHE HAS REASON TO BELIEVE THAT AN ASSISTED OUTPATIENT HAS OR WILL
   11  CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE PENDENCY OF AN ASSISTED
   12  OUTPATIENT TREATMENT ORDER.  UPON SUCH CHANGE OF RESIDENCE, THE DIRECTOR
   13  OF THE NEW COUNTY OF RESIDENCE SHALL BECOME THE APPROPRIATE DIRECTOR, AS
   14  SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS ARTICLE.
   15    S 23. Paragraph 3 of subdivision (a), paragraphs 2 and 5  of  subdivi-
   16  sion  (j)  and  subdivisions  (k)  and (n) of section 9.60 of the mental
   17  hygiene law, as amended by chapter 158 of the laws of 2005, are  amended
   18  to read as follows:
   19    (3)  "director  of  community  services" and "local governmental unit"
   20  shall have the same meanings as provided in article  forty-one  of  this
   21  chapter.  THE "APPROPRIATE DIRECTOR" SHALL MEAN THE DIRECTOR OF COMMUNI-
   22  TY SERVICES OF THE COUNTY WHERE THE ASSISTED OUTPATIENT RESIDES, EVEN IF
   23  IT  IS  A DIFFERENT COUNTY THAN THE COUNTY WHERE THE ASSISTED OUTPATIENT
   24  TREATMENT ORDER WAS ORIGINALLY ISSUED.
   25    (2) If after hearing all relevant evidence, the court finds  by  clear
   26  and  convincing  evidence  that  the  subject  of the petition meets the
   27  criteria for assisted outpatient treatment, and there is no  appropriate
   28  and  feasible  less  restrictive  alternative,  the  court may order the
   29  subject to receive assisted outpatient treatment for an  initial  period
   30  not to exceed [six months] ONE YEAR.  In fashioning the order, the court
   31  shall  specifically  make findings by clear and convincing evidence that
   32  the proposed treatment is the least  restrictive  treatment  appropriate
   33  and  feasible  for the subject. The order shall state an assisted outpa-
   34  tient treatment plan, which shall include  all  categories  of  assisted
   35  outpatient  treatment,  as set forth in paragraph one of subdivision (a)
   36  of this section, which the assisted outpatient is to receive, but  shall
   37  not  include any such category that has not been recommended in both the
   38  proposed written treatment plan and the testimony provided to the  court
   39  pursuant to subdivision (i) of this section.
   40    (5)  If  the petitioner is the director of a hospital that operates an
   41  assisted outpatient treatment program, the court order shall direct  the
   42  hospital  director  to provide or arrange for all categories of assisted
   43  outpatient treatment for the assisted outpatient throughout  the  period
   44  of  the order. [For all other persons] IN ALL OTHER INSTANCES, the order
   45  shall require the APPROPRIATE director [of  community  services  of  the
   46  appropriate  local  governmental  unit], AS THAT TERM IS DEFINED IN THIS
   47  SECTION, to provide or arrange for all categories of assisted outpatient
   48  treatment for the assisted  outpatient  throughout  the  period  of  the
   49  order.
   50    (k)  Petition  for  additional  periods of treatment. (1) PRIOR TO THE
   51  EXPIRATION OF AN ORDER PURSUANT TO THIS SECTION, THE APPROPRIATE  DIREC-
   52  TOR  SHALL  REVIEW WHETHER THE ASSISTED OUTPATIENT CONTINUES TO MEET THE
   53  CRITERIA FOR ASSISTED OUTPATIENT TREATMENT. IF,  AS  DOCUMENTED  IN  THE
   54  PETITION,  THE DIRECTOR DETERMINES THAT SUCH CRITERIA CONTINUE TO BE MET
   55  OR HAS MADE APPROPRIATE ATTEMPTS TO, BUT  HAS  NOT  BEEN  SUCCESSFUL  IN
   56  ELICITING,  THE  COOPERATION OF THE SUBJECT TO SUBMIT TO AN EXAMINATION,
       S. 2230                            12                            A. 2388

    1  WITHIN THIRTY DAYS PRIOR TO THE  EXPIRATION  OF  AN  ORDER  OF  ASSISTED
    2  OUTPATIENT  TREATMENT,  SUCH  DIRECTOR  MAY  PETITION THE COURT TO ORDER
    3  CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT  TO  PARAGRAPH  TWO  OF
    4  THIS  SUBDIVISION. UPON DETERMINING WHETHER SUCH CRITERIA CONTINUE TO BE
    5  MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINATOR IN WRITING AS TO
    6  WHETHER A  PETITION  FOR  CONTINUED  ASSISTED  OUTPATIENT  TREATMENT  IS
    7  WARRANTED AND WHETHER SUCH A PETITION WAS OR WILL BE FILED.
    8    (2) Within thirty days prior to the expiration of an order of assisted
    9  outpatient  treatment, the appropriate director or the current petition-
   10  er, if the current petition was filed pursuant to  subparagraph  (i)  or
   11  (ii)  of  paragraph  one  of  subdivision  (e)  of this section, and the
   12  current petitioner retains his or her original status  pursuant  to  the
   13  applicable  subparagraph,  may  petition  the  court  to order continued
   14  assisted outpatient treatment for a period not to exceed one  year  from
   15  the  expiration date of the current order. If the court's disposition of
   16  such petition does not occur prior to the expiration date of the current
   17  order, the current order shall remain in effect until such  disposition.
   18  The  procedures  for  obtaining  any  order pursuant to this subdivision
   19  shall be in accordance with the provisions of the foregoing subdivisions
   20  of this section; provided that the time restrictions included  in  para-
   21  graph  four  of subdivision (c) of this section shall not be applicable.
   22  The notice provisions set forth in paragraph six of subdivision  (j)  of
   23  this  section  shall be applicable.   Any court order requiring periodic
   24  blood tests or urinalysis for the presence of alcohol or  illegal  drugs
   25  shall  be subject to review after six months by the physician who devel-
   26  oped the written treatment plan or another physician designated  by  the
   27  director, and such physician shall be authorized to terminate such blood
   28  tests or urinalysis without further action by the court.
   29    (n) Failure to comply with assisted outpatient treatment. Where in the
   30  clinical  judgment  of  a  physician,  (i)  the assisted outpatient, has
   31  failed or refused to comply with the assisted outpatient treatment, (ii)
   32  efforts were made to solicit compliance, and (iii) such assisted  outpa-
   33  tient  may be in need of involuntary admission to a hospital pursuant to
   34  section 9.27 of this article or immediate observation, care  and  treat-
   35  ment  pursuant  to  section 9.39 or 9.40 of this article, such physician
   36  may request the APPROPRIATE director of community services,  the  direc-
   37  tor's designee, or any physician designated by the director of community
   38  services pursuant to section 9.37 of this article, to direct the removal
   39  of  such  assisted outpatient to an appropriate hospital for an examina-
   40  tion to determine if such person has a mental illness for  which  hospi-
   41  talization  is  necessary pursuant to section 9.27, 9.39 or 9.40 of this
   42  article. Furthermore, if such assisted outpatient refuses to take  medi-
   43  cations as required by the court order, or he or she refuses to take, or
   44  fails  a  blood test, urinalysis, or alcohol or drug test as required by
   45  the court order, such physician may consider  such  refusal  or  failure
   46  when  determining whether the assisted outpatient is in need of an exam-
   47  ination to determine whether he or she has a mental  illness  for  which
   48  hospitalization  is  necessary.  Upon the request of such physician, the
   49  APPROPRIATE director, the director's designee, or any  physician  desig-
   50  nated  pursuant  to section 9.37 of this article, may direct peace offi-
   51  cers, acting pursuant to their special duties, or  police  officers  who
   52  are  members  of  an authorized police department or force or of a sher-
   53  iff's department to take the assisted outpatient into custody and trans-
   54  port him or her to the hospital operating the assisted outpatient treat-
   55  ment program or to any hospital authorized by the director of  community
   56  services  to  receive such persons. Such law enforcement officials shall
       S. 2230                            13                            A. 2388

    1  carry out such directive. Upon the request of such physician, the APPRO-
    2  PRIATE director, the director's designee, or  any  physician  designated
    3  pursuant  to  section  9.37  of  this  article, an ambulance service, as
    4  defined  by  subdivision two of section three thousand one of the public
    5  health law, or an approved mobile crisis outreach  team  as  defined  in
    6  section  9.58  of  this article shall be authorized to take into custody
    7  and transport any such person to the  hospital  operating  the  assisted
    8  outpatient treatment program, or to any other hospital authorized by the
    9  APPROPRIATE  director of community services to receive such persons. Any
   10  director of community services, or  designee,  shall  be  authorized  to
   11  direct  the  removal  of an assisted outpatient who is present in his or
   12  her county to an appropriate hospital, in accordance with the provisions
   13  of this subdivision, based  upon  a  determination  of  the  appropriate
   14  director  of  community  services directing the removal of such assisted
   15  outpatient pursuant to this subdivision. Such person may be retained for
   16  observation, care and treatment and further examination in the  hospital
   17  for  up  to seventy-two hours to permit a physician to determine whether
   18  such person has a mental illness and is in need of involuntary care  and
   19  treatment  in a hospital pursuant to the provisions of this article. Any
   20  continued involuntary retention in  such  hospital  beyond  the  initial
   21  seventy-two  hour  period  shall be in accordance with the provisions of
   22  this article relating to the involuntary admission and  retention  of  a
   23  person.  If at any time during the seventy-two hour period the person is
   24  determined  not  to  meet  the  involuntary  admission   and   retention
   25  provisions  of  this article, and does not agree to stay in the hospital
   26  as a voluntary or informal patient, he or she must be released.  Failure
   27  to  comply  with  an order of assisted outpatient treatment shall not be
   28  grounds for involuntary civil commitment or a  finding  of  contempt  of
   29  court.
   30    S  24.  Subdivision (g) of section 13.09 of the mental hygiene law, as
   31  amended by chapter 168 of the laws  of  2010,  is  amended  to  read  as
   32  follows:
   33    (g)  (1)  The commissioner, in cooperation with other applicable state
   34  agencies, shall [be authorized to] collect, retain  or  modify  data  or
   35  records,  [or  to]  AND  SHALL transmit such data or records to: (I) the
   36  division of criminal justice services, or to the criminal justice infor-
   37  mation services division of the federal bureau of investigation, for the
   38  purposes of responding to queries to the national instant criminal back-
   39  ground check system regarding attempts to  purchase  or  otherwise  take
   40  possession  of  firearms,  as defined in 18 USC 921(a)(3), in accordance
   41  with applicable federal laws or regulations, OR (II) TO THE DIVISION  OF
   42  CRIMINAL  JUSTICE  SERVICES,  FOR  THE PURPOSES OF DETERMINING WHETHER A
   43  LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  SHOULD  BE
   44  DENIED,  SUSPENDED OR REVOKED, UNDER SUBDIVISION ELEVEN OF SUCH SECTION,
   45  OR FOR DETERMINING WHETHER A PERSON IS NO LONGER PERMITTED UNDER FEDERAL
   46  OR STATE LAW TO POSSESS A FIREARM.   Such  records  shall  include  only
   47  names and other non-clinical identifying information of persons who have
   48  had  a  guardian  appointed  for them pursuant to any provision of state
   49  law, based on a determination that  as  a  result  of  marked  subnormal
   50  intelligence,  mental  illness,  incapacity,  condition or disease, they
   51  lack the mental capacity to contract or manage their  own  affairs,  and
   52  persons  who have been involuntarily committed to a facility pursuant to
   53  article fifteen of this chapter, or  article  seven  hundred  thirty  or
   54  section  330.20 of the criminal procedure law or sections 322.2 or 353.4
   55  of the family court act.
       S. 2230                            14                            A. 2388

    1    (2) The commissioner shall establish within the office for people with
    2  developmental disabilities an administrative process to permit a  person
    3  who  has  been  or  may  be  disqualified from possessing such a firearm
    4  pursuant to 18 USC 922(4)(d), OR WHO HAS BEEN  OR  MAY  BE  DISQUALIFIED
    5  FROM  CONTINUING TO HAVE A LICENSE TO CARRY, POSSESS, REPAIR, OR DISPOSE
    6  OF A FIREARM UNDER SECTION 400.00 OF THE PENAL LAW BECAUSE  SUCH  PERSON
    7  WAS  INVOLUNTARILY COMMITTED OR CIVILLY CONFINED TO A FACILITY UNDER THE
    8  JURISDICTION OF THE COMMISSIONER, to petition for relief from that disa-
    9  bility where such person's record and  reputation  are  such  that  such
   10  person  will not be likely to act in a manner dangerous to public safety
   11  and where the granting of the relief would not  be  contrary  to  public
   12  safety.  The  commissioner shall promulgate regulations to establish the
   13  relief from disabilities program, which shall include, but not be limit-
   14  ed to, provisions providing for: (i) an opportunity for  a  disqualified
   15  person  to  petition  for  relief in writing; (ii) the authority for the
   16  agency to require that the petitioner undergo a clinical evaluation  and
   17  risk  assessment;  and (iii) a requirement that the agency issue a deci-
   18  sion in writing explaining the reasons for a denial or grant of  relief.
   19  The denial of a petition for relief from disabilities may be reviewed de
   20  novo  pursuant  to  the  proceedings  under article seventy-eight of the
   21  civil practice law and rules.
   22    S 25. Paragraph 12 of subdivision (c) of section 33.13 of  the  mental
   23  hygiene  law,  as amended by chapter 158 of the laws of 2005, is amended
   24  and a new paragraph 15 is added to read as follows:
   25    12. to a director of community services as defined in article nine  of
   26  this  chapter or his OR HER designee, provided that such director or his
   27  or her designee (I) requests such information in the exercise of his  or
   28  her  statutory  functions,  powers  and duties pursuant to section 9.37,
   29  9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter; OR (II) THE  DISCLOSURE
   30  OF INFORMATION IS REQUIRED PURSUANT TO SECTION 9.46 OF THIS CHAPTER.
   31    15.  TO  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES, NAMES AND OTHER
   32  NON-CLINICAL IDENTIFYING INFORMATION FOR THE SOLE PURPOSE OF  IMPLEMENT-
   33  ING THE DIVISION'S RESPONSIBILITIES AND DUTIES UNDER SECTIONS 400.00 AND
   34  400.02 OF THE PENAL LAW.
   35    S 26. Section 10.00 of the penal law is amended by adding a new subdi-
   36  vision 21 to read as follows:
   37    21.  "DRUG  TRAFFICKING  FELONY"  MEANS  ANY OF THE FOLLOWING OFFENSES
   38  DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER: VIOLATION OF  USE
   39  OF  A  CHILD  TO  COMMIT  A  CONTROLLED  SUBSTANCE OFFENSE AS DEFINED IN
   40  SECTION 220.28; CRIMINAL SALE OF A CONTROLLED SUBSTANCE  IN  THE  FOURTH
   41  DEGREE  AS  DEFINED  IN  SECTION  220.34;  CRIMINAL SALE OF A CONTROLLED
   42  SUBSTANCE IN THE THIRD DEGREE AS DEFINED  IN  SECTION  220.39;  CRIMINAL
   43  SALE  OF  A  CONTROLLED  SUBSTANCE  IN  THE  SECOND DEGREE AS DEFINED IN
   44  SECTION 220.41; CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN  THE  FIRST
   45  DEGREE  AS  DEFINED  IN  SECTION  220.43;  CRIMINAL SALE OF A CONTROLLED
   46  SUBSTANCE IN OR NEAR SCHOOL GROUNDS AS DEFINED IN SECTION 220.44; UNLAW-
   47  FUL MANUFACTURE OF METHAMPHETAMINE IN THE SECOND DEGREE  AS  DEFINED  IN
   48  SECTION  220.74;  UNLAWFUL  MANUFACTURE  OF METHAMPHETAMINE IN THE FIRST
   49  DEGREE AS DEFINED IN SECTION 220.75; OR OPERATING AS A MAJOR  TRAFFICKER
   50  AS DEFINED IN SECTION 220.77.
   51    S  26-a.  The  penal law is amended by adding a new section 60.11-a to
   52  read as follows:
   53  S 60.11-A AUTHORIZED DISPOSITIONS;  CERTAIN  CRIMINAL  POSSESSION  OF  A
   54               WEAPON IN THE THIRD DEGREE OFFENDERS.
   55    WHEN A PERSON IS TO BE SENTENCED UPON CONVICTION OF THE CRIME OF CRIM-
   56  INAL  POSSESSION  OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN SUBDIVI-
       S. 2230                            15                            A. 2388

    1  SION TEN OF SECTION 265.02 OF THIS CHAPTER, THE COURT MUST SENTENCE SUCH
    2  DEFENDANT TO A DETERMINATE SENTENCE AS PROVIDED IN SUBPARAGRAPH (II)  OF
    3  PARAGRAPH  (C)  OF  SUBDIVISION  THREE OF SECTION 70.02 OF THIS CHAPTER,
    4  UNLESS  A  GREATER  MINIMUM  SENTENCE  IS  OTHERWISE REQUIRED BY ANOTHER
    5  PROVISION OF THIS CHAPTER.
    6    S 27. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
    7  penal  law,  paragraph (b) as amended by chapter 148 of the laws of 2011
    8  and paragraph (c) as amended by chapter 405 of the  laws  of  2010,  are
    9  amended to read as follows:
   10    (b)  Class  C violent felony offenses: an attempt to commit any of the
   11  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   12  vated criminally negligent homicide as defined in section 125.11, aggra-
   13  vated  manslaughter  in  the second degree as defined in section 125.21,
   14  aggravated sexual abuse in the  second  degree  as  defined  in  section
   15  130.67, assault on a peace officer, police officer, fireman or emergency
   16  medical services professional as defined in section 120.08, assault on a
   17  judge as defined in section 120.09, gang assault in the second degree as
   18  defined  in section 120.06, strangulation in the first degree as defined
   19  in section 121.13, burglary in the second degree as defined  in  section
   20  140.25, robbery in the second degree as defined in section 160.10, crim-
   21  inal  possession  of a weapon in the second degree as defined in section
   22  265.03, criminal use of a firearm in the second  degree  as  defined  in
   23  section  265.08,  criminal  sale  of  a  firearm in the second degree as
   24  defined in section 265.12, criminal sale of a firearm with the aid of  a
   25  minor  as defined in section 265.14, AGGRAVATED CRIMINAL POSSESSION OF A
   26  WEAPON AS DEFINED IN SECTION 265.19, soliciting or providing support for
   27  an act of terrorism in the first degree as defined  in  section  490.15,
   28  hindering  prosecution  of  terrorism in the second degree as defined in
   29  section 490.30, and criminal possession of a chemical weapon or  biolog-
   30  ical weapon in the third degree as defined in section 490.37.
   31    (c)  Class  D violent felony offenses: an attempt to commit any of the
   32  class C felonies set forth in paragraph (b); reckless assault of a child
   33  as defined in section 120.02, assault in the second degree as defined in
   34  section 120.05, menacing a police officer or peace officer as defined in
   35  section 120.18, stalking in the first degree, as defined in  subdivision
   36  one  of section 120.60, strangulation in the second degree as defined in
   37  section 121.12, rape in the second degree as defined in section  130.30,
   38  criminal  sexual  act in the second degree as defined in section 130.45,
   39  sexual abuse in the first degree as defined in section 130.65, course of
   40  sexual conduct against a child  in  the  second  degree  as  defined  in
   41  section  130.80,  aggravated sexual abuse in the third degree as defined
   42  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   43  substance  as defined in section 130.90, criminal possession of a weapon
   44  in the third degree as defined in subdivision  five,  six,  seven  [or],
   45  eight,  NINE OR TEN of section 265.02, criminal sale of a firearm in the
   46  third degree as defined in section  265.11,  intimidating  a  victim  or
   47  witness in the second degree as defined in section 215.16, soliciting or
   48  providing  support  for  an  act  of  terrorism  in the second degree as
   49  defined in section 490.10, and making a terroristic threat as defined in
   50  section 490.20, falsely reporting an incident in  the  first  degree  as
   51  defined  in  section 240.60, placing a false bomb or hazardous substance
   52  in the first degree as defined in section 240.62, placing a  false  bomb
   53  or hazardous substance in a sports stadium or arena, mass transportation
   54  facility  or  enclosed  shopping  mall as defined in section 240.63, and
   55  aggravated unpermitted use of indoor pyrotechnics in the first degree as
   56  defined in section 405.18.
       S. 2230                            16                            A. 2388

    1    S 28. The opening paragraph of  paragraph  (c)  of  subdivision  2  of
    2  section 70.02 of the penal law, as amended by chapter 764 of the laws of
    3  2005, is amended to read as follows:
    4    Except  as  provided in subdivision six of section 60.05, the sentence
    5  imposed upon a person who stands convicted of the class D violent felony
    6  offenses of criminal possession of a  weapon  in  the  third  degree  as
    7  defined  in  subdivision  [four,]  five,  seven  [or],  eight OR NINE of
    8  section 265.02, criminal sale of  a  firearm  in  the  third  degree  as
    9  defined  in  section 265.11 or the class E violent felonies of attempted
   10  criminal possession of a weapon in the third degree as defined in subdi-
   11  vision [four,] five, seven [or], eight OR NINE of section 265.02 must be
   12  a sentence to a determinate period of imprisonment, or, in the  alterna-
   13  tive,  a  definite sentence of imprisonment for a period of no less than
   14  one year, except that:
   15    S 29. Paragraph (b) of subdivision 3 of section  70.02  of  the  penal
   16  law,  as  amended by chapter 765 of the laws of 2005, is amended to read
   17  as follows:
   18    (b) For a class C felony, the term must be at least three and one-half
   19  years and must not exceed fifteen years,  provided,  however,  that  the
   20  term  must be: (i) at least seven years and must not exceed twenty years
   21  where the sentence is for the crime of aggravated  manslaughter  in  the
   22  second  degree  as  defined  in  section 125.21 of this chapter; (ii) at
   23  least seven years and must not exceed twenty years where the sentence is
   24  for the crime of attempted aggravated assault upon a police  officer  or
   25  peace  officer as defined in section 120.11 of this chapter; [and] (iii)
   26  at least three and one-half years and must not exceed twenty years where
   27  the sentence is for the crime of aggravated criminally  negligent  homi-
   28  cide  as  defined  in  section 125.11 of this chapter; AND (IV) AT LEAST
   29  FIVE YEARS AND MUST NOT EXCEED  FIFTEEN  YEARS  WHERE  THE  SENTENCE  IS
   30  IMPOSED  FOR  THE CRIME OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS
   31  DEFINED IN SECTION 265.19 OF THIS CHAPTER;
   32    S 30. Paragraph (c) of subdivision 3 of section  70.02  of  the  penal
   33  law,  as  amended by chapter 765 of the laws of 2005, is amended to read
   34  as follows:
   35    (c) For a class D felony, the term must be at least two years and must
   36  not exceed seven years, provided, however, that the term must be: (I) at
   37  least two years and must not exceed eight years where  the  sentence  is
   38  for  the  crime of menacing a police officer or peace officer as defined
   39  in section 120.18 of this chapter; and (II) AT LEAST THREE AND  ONE-HALF
   40  YEARS  AND MUST NOT EXCEED SEVEN YEARS WHERE THE SENTENCE IS IMPOSED FOR
   41  THE CRIME OF CRIMINAL POSSESSION OF A WEAPON  IN  THE  THIRD  DEGREE  AS
   42  DEFINED IN SUBDIVISION TEN OF SECTION 265.02 OF THIS CHAPTER;
   43    S  31. The penal law is amended by adding a new section 115.20 to read
   44  as follows:
   45  S 115.20 CRIMINAL FACILITATION; DEFINITIONS AND CONSTRUCTION.
   46    FOR PURPOSES OF THIS ARTICLE, SUCH CONDUCT SHALL INCLUDE, BUT  NOT  BE
   47  LIMITED  TO,  MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
   48  OF A COMMUNITY GUN, WHICH IN FACT, AIDS A  PERSON  TO  COMMIT  A  CRIME.
   49  "COMMUNITY  GUN"  SHALL  MEAN  A  FIREARM  THAT IS ACTUALLY SHARED, MADE
   50  AVAILABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR
   51  MORE PERSONS, AT LEAST ONE OF WHOM IS NOT AUTHORIZED PURSUANT TO LAW  TO
   52  POSSESS  SUCH  FIREARM. "DISPOSE OF" SHALL HAVE THE SAME MEANING AS THAT
   53  TERM IS DEFINED IN SECTION 265.00 OF THIS  CHAPTER.  "SHARE"  AND  "MAKE
   54  AVAILABLE"  SHALL,  IN  THE  CASE  OF A FIREARM, BE CONSTRUED TO INCLUDE
   55  KNOWINGLY PLACING SUCH FIREARM AT A LOCATION ACCESSIBLE AND KNOWN TO ONE
   56  OR MORE OTHER PERSONS.
       S. 2230                            17                            A. 2388

    1    S 32. Section 120.05 of the penal law  is  amended  by  adding  a  new
    2  subdivision 4-a to read as follows:
    3    4-A.  HE  RECKLESSLY CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHO IS A
    4  CHILD UNDER THE AGE OF EIGHTEEN BY INTENTIONAL DISCHARGE OF  A  FIREARM,
    5  RIFLE OR SHOTGUN; OR
    6    S  33.  Sections  34,  35 and 36 of this act shall be known and may be
    7  cited as "Mark's Law".
    8    S 34. The opening paragraph of subdivision 1 of section 125.26 of  the
    9  penal  law,  as  added by chapter 765 of the laws of 2005, is amended to
   10  read as follows:
   11    With intent to cause the death of another person, he or she causes the
   12  death of such person, or of a third person who was a person described in
   13  subparagraph (i), (ii), (II-A) or (iii) of paragraph (a) of this  subdi-
   14  vision  engaged  at  the time of the killing in the course of performing
   15  his or her official duties; and
   16    S 35. Paragraph (a) of subdivision 1 of section 125.26  of  the  penal
   17  law is amended by adding a new subparagraph (ii-a) to read as follows:
   18     (II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH-
   19  NICIAN,  AMBULANCE  DRIVER,  PARAMEDIC,  PHYSICIAN  OR  REGISTERED NURSE
   20  INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO,  IN  THE
   21  COURSE  OF  OFFICIAL  DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES AND
   22  WAS ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE  DEFENDANT
   23  KNEW  OR  REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS SUCH
   24  FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER,  PARAMEDIC,
   25  PHYSICIAN OR REGISTERED NURSE; OR
   26    S  36.  Paragraph  (a) of subdivision 1 of section 125.27 of the penal
   27  law is amended by adding a new subparagraph (ii-a) to read as follows:
   28     (II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH-
   29  NICIAN, AMBULANCE  DRIVER,  PARAMEDIC,  PHYSICIAN  OR  REGISTERED  NURSE
   30  INVOLVED  IN  A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN THE
   31  COURSE OF OFFICIAL DUTIES, PERFORMS EMERGENCY  RESPONSE  ACTIVITIES  AND
   32  WAS  ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE DEFENDANT
   33  KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM  WAS  SUCH
   34  FIREFIGHTER,  EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC,
   35  PHYSICIAN OR REGISTERED NURSE; OR
   36    S 37. Subdivision 22 of section 265.00 of the penal law, as  added  by
   37  chapter 189 of the laws of 2000, is amended to read as follows:
   38    22.  "Assault  weapon"  means  [(a)  a semiautomatic rifle that has an
   39  ability to accept a detachable magazine and has  at  least  two  of  the
   40  following characteristics:
   41    (i) a folding or telescoping stock;
   42    (ii)  a pistol grip that protrudes conspicuously beneath the action of
   43  the weapon;
   44    (iii) a bayonet mount;
   45    (iv) a flash suppressor or threaded barrel designed to  accommodate  a
   46  flash suppressor;
   47    (v) a grenade launcher; or
   48    (b)  a  semiautomatic  shotgun  that has at least two of the following
   49  characteristics:
   50    (i) a folding or telescoping stock;
   51    (ii) a pistol grip that protrudes conspicuously beneath the action  of
   52  the weapon;
   53    (iii) a fixed magazine capacity in excess of five rounds;
   54    (iv) an ability to accept a detachable magazine; or
   55    (c)  a semiautomatic pistol that has an ability to accept a detachable
   56  magazine and has at least two of the following characteristics:
       S. 2230                            18                            A. 2388

    1    (i) an ammunition magazine that attaches to the pistol outside of  the
    2  pistol grip;
    3    (ii)  a  threaded barrel capable of accepting a barrel extender, flash
    4  suppressor, forward handgrip, or silencer;
    5    (iii) a shroud that is attached to, or partially or completely  encir-
    6  cles,  the  barrel and that permits the shooter to hold the firearm with
    7  the nontrigger hand without being burned;
    8    (iv) a manufactured weight of fifty ounces or more when the pistol  is
    9  unloaded;
   10    (v) a semiautomatic version of an automatic rifle, shotgun or firearm;
   11  or
   12    (d)  any  of  the  weapons, or functioning frames or receivers of such
   13  weapons, or copies or duplicates of such weapons, in any caliber,  known
   14  as:
   15    (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
   16  models);
   17    (ii) Action Arms Israeli Military Industries UZI and Galil;
   18    (iii) Beretta Ar70 (SC-70);
   19    (iv) Colt AR-15;
   20    (v) Fabrique National FN/FAL, FN/LAR, and FNC;
   21    (vi) SWD M-10, M-11, M-11/9, and M-12;
   22    (vii) Steyr AUG;
   23    (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
   24    (ix)  revolving  cylinder shotguns, such as (or similar to) the Street
   25  Sweeper and Striker 12;
   26    (e) provided, however, that such term does not include: (i) any rifle,
   27  shotgun or pistol that (A) is manually operated by bolt, pump, lever  or
   28  slide action; (B) has been rendered permanently inoperable; or (C) is an
   29  antique firearm as defined in 18 U.S.C. 921(a)(16);
   30    (ii)  a  semiautomatic  rifle that cannot accept a detachable magazine
   31  that holds more than five rounds of ammunition;
   32    (iii) a semiautomatic shotgun that cannot hold more than  five  rounds
   33  of ammunition in a fixed or detachable magazine;
   34    (iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,
   35  specified in Appendix A to section 922 of 18 U.S.C. as such  weapon  was
   36  manufactured  on  October first, nineteen hundred ninety-three. The mere
   37  fact that a weapon is not listed in Appendix A shall not be construed to
   38  mean that such weapon is an assault weapon; or
   39    (v) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
   40  pistol  or  any of the weapons defined in paragraph (d) of this subdivi-
   41  sion lawfully possessed prior to September fourteenth, nineteen  hundred
   42  ninety-four.]
   43    (A)  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
   44  MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
   45    (I) A FOLDING OR TELESCOPING STOCK;
   46    (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
   47  THE WEAPON;
   48    (III) A THUMBHOLE STOCK;
   49    (IV)  A  SECOND  HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
   50  NON-TRIGGER HAND;
   51    (V) A BAYONET MOUNT;
   52    (VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
   53  BARREL DESIGNED TO ACCOMMODATE A  FLASH  SUPPRESSOR,  MUZZLE  BREAK,  OR
   54  MUZZLE COMPENSATOR;
   55    (VII) A GRENADE LAUNCHER; OR
       S. 2230                            19                            A. 2388

    1    (B)  A  SEMIAUTOMATIC  SHOTGUN  THAT HAS AT LEAST ONE OF THE FOLLOWING
    2  CHARACTERISTICS:
    3    (I) A FOLDING OR TELESCOPING STOCK;
    4    (II) A THUMBHOLE STOCK;
    5    (III)  A  SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
    6  NON-TRIGGER HAND;
    7    (IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
    8    (V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
    9    (C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHABLE
   10  MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
   11    (I) A FOLDING OR TELESCOPING STOCK;
   12    (II) A THUMBHOLE STOCK;
   13    (III)  A  SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
   14  NON-TRIGGER HAND;
   15    (IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT  ATTACHES  TO  THE
   16  PISTOL OUTSIDE OF THE PISTOL GRIP;
   17    (V)  A  THREADED  BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
   18  SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   19    (VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR  COMPLETELY  ENCIR-
   20  CLES,  THE  BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
   21  THE NON-TRIGGER HAND WITHOUT BEING BURNED;
   22    (VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
   23  UNLOADED; OR
   24    (VIII) A SEMIAUTOMATIC VERSION  OF  AN  AUTOMATIC  RIFLE,  SHOTGUN  OR
   25  FIREARM;
   26    (D) A REVOLVING CYLINDER SHOTGUN;
   27    (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
   28  PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF  SUBDI-
   29  VISION  TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER
   30  ONE HUNDRED EIGHTY-NINE OF  THE  LAWS  OF  TWO  THOUSAND  AND  OTHERWISE
   31  LAWFULLY  POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
   32  PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;
   33    (F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
   34  PISTOL  OR  WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI-
   35  SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF  THE  CHAPTER  OF  THE
   36  LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;
   37    (G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
   38    (I)  ANY  RIFLE,  SHOTGUN  OR  PISTOL THAT (A) IS MANUALLY OPERATED BY
   39  BOLT, PUMP, LEVER OR SLIDE ACTION; (B)  HAS  BEEN  RENDERED  PERMANENTLY
   40  INOPERABLE;  OR  (C)  IS  AN  ANTIQUE  FIREARM  AS  DEFINED IN 18 U.S.C.
   41  921(A)(16);
   42    (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT  A  DETACHABLE  MAGAZINE
   43  THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
   44    (III)  A  SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
   45  OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR
   46    (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE  THEREOF,
   47  SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED
   48  ON  OCTOBER  FIRST,  NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A
   49  WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO  MEAN  THAT
   50  SUCH WEAPON IS AN ASSAULT WEAPON;
   51    (V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
   52  SECTION  400.00  OF  THIS  CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
   53  PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;
   54    (VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT  WAS  MANUFACTURED  AT  LEAST
   55  FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE-
       S. 2230                            20                            A. 2388

    1  OF  THAT  IS  VALIDLY  REGISTERED  PURSUANT  TO SUBDIVISION SIXTEEN-A OF
    2  SECTION 400.00 OF THIS CHAPTER;
    3    (H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
    4  ANY  LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
    5  BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF  THE  LAWS  OF
    6  TWO  THOUSAND  THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
    7  EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS  SUCH
    8  WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
    9  ANY  SUCH  TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
   10  BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN-
   11  TY-TWO HOURS OF SUCH TRANSFER. AN  INDIVIDUAL  WHO  TRANSFERS  ANY  SUCH
   12  WEAPON  OR  LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
   13  YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS  OF  THIS  PARAGRAPH
   14  SHALL  BE  GUILTY  OF  A  CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
   15  AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS  MADE  ILLEGAL  BY
   16  THE  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA-
   17  GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP-
   18  TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.
   19    S 38. Subdivision 23 of section 265.00 of the penal law, as  added  by
   20  chapter 189 of the laws of 2000, is amended to read as follows:
   21    23. "Large capacity ammunition feeding device" means a magazine, belt,
   22  drum, feed strip, or similar device, [manufactured after September thir-
   23  teenth,  nineteen  hundred  ninety-four,] that (A) has a capacity of, or
   24  that can be readily restored or  converted  to  accept,  more  than  ten
   25  rounds  of ammunition, OR (B) CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNI-
   26  TION, OR (C) IS OBTAINED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF  THE
   27  LAWS  OF  TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION AND HAS A
   28  CAPACITY OF, OR THAT CAN BE READILY RESTORED  OR  CONVERTED  TO  ACCEPT,
   29  MORE  THAN SEVEN ROUNDS OF AMMUNITION; provided, however, that such term
   30  does not include an attached tubular  device  designed  to  accept,  and
   31  capable  of  operating  only  with,  .22 caliber rimfire ammunition OR A
   32  FEEDING DEVICE THAT IS A CURIO OR RELIC. A  FEEDING  DEVICE  THAT  IS  A
   33  CURIO OR RELIC IS DEFINED AS A DEVICE THAT (I) WAS MANUFACTURED AT LEAST
   34  FIFTY  YEARS  PRIOR  TO  THE CURRENT DATE, (II) IS ONLY CAPABLE OF BEING
   35  USED EXCLUSIVELY IN A FIREARM, RIFLE, OR SHOTGUN THAT  WAS  MANUFACTURED
   36  AT LEAST FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLI-
   37  CAS  THEREOF,  (III) IS POSSESSED BY AN INDIVIDUAL WHO IS NOT PROHIBITED
   38  BY STATE OR FEDERAL LAW FROM POSSESSING A FIREARM AND (IV) IS REGISTERED
   39  WITH THE DIVISION OF STATE POLICE PURSUANT TO SUBDIVISION  SIXTEEN-A  OF
   40  SECTION  400.00 OF THIS CHAPTER, EXCEPT SUCH FEEDING DEVICES TRANSFERRED
   41  INTO THE STATE MAY BE REGISTERED AT ANY TIME, PROVIDED THEY  ARE  REGIS-
   42  TERED  WITHIN  THIRTY  DAYS  OF THEIR TRANSFER INTO THE STATE.  NOTWITH-
   43  STANDING PARAGRAPH (H) OF SUBDIVISION TWENTY-TWO OF THIS  SECTION,  SUCH
   44  FEEDING  DEVICES MAY BE TRANSFERRED PROVIDED THAT SUCH TRANSFER SHALL BE
   45  SUBJECT TO THE PROVISIONS OF SECTION 400.03 OF  THIS  CHAPTER  INCLUDING
   46  THE CHECK REQUIRED TO BE CONDUCTED PURSUANT TO SUCH SECTION.
   47    S  39.  Section  265.00  of  the  penal law is amended by adding a new
   48  subdivision 24 to read as follows:
   49    24. "SELLER OF AMMUNITION" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO-
   50  RATION OR COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING  OR
   51  KEEPING AMMUNITION.
   52    S 40. Section 265.01 of the penal law, as added by chapter 1041 of the
   53  laws  of  1974,  subdivision  1 as amended by chapter 257 of the laws of
   54  2008, subdivision 2 as amended by chapter  220  of  the  laws  of  1988,
   55  subdivision 3 as amended by chapter 199 of the laws of 2006, subdivision
   56  4  as amended by chapter 357 of the laws of 2011, subdivision 7 as added
       S. 2230                            21                            A. 2388

    1  by chapter 807 of the laws of 1981, and subdivision 8 as added by  chap-
    2  ter 646 of the laws of 1986, is amended to read as follows:
    3  S 265.01 Criminal possession of a weapon in the fourth degree.
    4    A  person  is  guilty of criminal possession of a weapon in the fourth
    5  degree when:
    6    (1) He or she possesses any firearm, electronic dart  gun,  electronic
    7  stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
    8  knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
    9  metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
   10  shot or slungshot, shirken or "Kung Fu star"; or
   11    (2)  He  possesses any dagger, dangerous knife, dirk, razor, stiletto,
   12  imitation pistol, or any other dangerous or deadly instrument or  weapon
   13  with intent to use the same unlawfully against another; or
   14    (3) [He or she knowingly has in his or her possession a rifle, shotgun
   15  or  firearm  in  or  upon  a  building  or grounds, used for educational
   16  purposes, of any school, college  or  university,  except  the  forestry
   17  lands, wherever located, owned and maintained by the State University of
   18  New York college of environmental science and forestry, or upon a school
   19  bus as defined in section one hundred forty-two of the vehicle and traf-
   20  fic  law, without the written authorization of such educational institu-
   21  tion]; or
   22    (4) He possesses a  rifle,  shotgun,  antique  firearm,  black  powder
   23  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
   24  convicted of a felony or serious offense; or
   25    (5)  He  possesses any dangerous or deadly weapon and is not a citizen
   26  of the United States; or
   27    (6) He is a person who has been certified not suitable  to  possess  a
   28  rifle  or  shotgun, as defined in subdivision sixteen of section 265.00,
   29  and refuses to yield possession of such rifle or shotgun upon the demand
   30  of a police officer. Whenever a person  is  certified  not  suitable  to
   31  possess  a  rifle or shotgun, a member of the police department to which
   32  such certification is made, or of  the  state  police,  shall  forthwith
   33  seize  any rifle or shotgun possessed by such person. A rifle or shotgun
   34  seized as herein provided shall not be destroyed, but shall be delivered
   35  to the headquarters of such police  department,  or  state  police,  and
   36  there retained until the aforesaid certificate has been rescinded by the
   37  director  or  physician in charge, or other disposition of such rifle or
   38  shotgun has been ordered or authorized by a court of competent jurisdic-
   39  tion.
   40    (7) He knowingly possesses a bullet containing an explosive  substance
   41  designed to detonate upon impact.
   42    (8)  He possesses any armor piercing ammunition with intent to use the
   43  same unlawfully against another.
   44    Criminal possession of a weapon in the fourth  degree  is  a  class  A
   45  misdemeanor.
   46    S  41.  The  penal  law is amended by adding a new section 265.01-a to
   47  read as follows:
   48  S 265.01-A. CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS.
   49    A PERSON IS GUILTY OF  CRIMINAL  POSSESSION  OF  A  WEAPON  ON  SCHOOL
   50  GROUNDS  WHEN  HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,
   51  SHOTGUN, OR FIREARM IN OR UPON A BUILDING OR GROUNDS,  USED  FOR  EDUCA-
   52  TIONAL  PURPOSES,  OF  ANY  SCHOOL,  COLLEGE,  OR UNIVERSITY, EXCEPT THE
   53  FORESTRY LANDS, WHEREVER LOCATED, OWNED  AND  MAINTAINED  BY  THE  STATE
   54  UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, OR
   55  UPON  A  SCHOOL  BUS  AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE
       S. 2230                            22                            A. 2388

    1  VEHICLE AND TRAFFIC LAW,  WITHOUT  THE  WRITTEN  AUTHORIZATION  OF  SUCH
    2  EDUCATIONAL INSTITUTION.
    3    CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS IS A CLASS E FELONY.
    4    S  41-a.  The penal law is amended by adding a new section 265.01-b to
    5  read as follows:
    6  S 265.01-B CRIMINAL POSSESSION OF A FIREARM.
    7    A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM WHEN HE OR SHE:
    8  (1) POSSESSES ANY FIREARM OR; (2) LAWFULLY POSSESSES A FIREARM PRIOR  TO
    9  THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN
   10  WHICH ADDED THIS SECTION SUBJECT TO  THE  REGISTRATION  REQUIREMENTS  OF
   11  SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER AND KNOWINGLY
   12  FAILS TO REGISTER SUCH FIREARM PURSUANT TO SUCH SUBDIVISION.
   13    CRIMINAL POSSESSION OF A FIREARM IS A CLASS E FELONY.
   14    S 41-b. Subdivision 8 of section 265.02 of the penal law,  as  amended
   15  by  chapter 764 of the laws of 2005, is amended and two new subdivisions
   16  9 and 10 are added to read as follows:
   17    (8) Such person possesses a large capacity ammunition feeding  device.
   18  FOR  PURPOSES  OF  THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING
   19  DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED
   20  BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF
   21  TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACI-
   22  TY  OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN
   23  SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR  THAT  WAS  MANUFAC-
   24  TURED  BEFORE  SEPTEMBER  THIRTEENTH, NINETEEN HUNDRED NINETY-FOUR, THAT
   25  HAS A CAPACITY OF, OR THAT CAN  BE  READILY  RESTORED  OR  CONVERTED  TO
   26  ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION; OR
   27    (9)  SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS A DRUG
   28  TRAFFICKING FELONY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00
   29  OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION; OR
   30    (10) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND  ALSO  COMMITS  ANY
   31  VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
   32  THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION.
   33    S  42.  Subdivision  2 of section 265.09 of the penal law, as added by
   34  chapter 650 of the laws of 1996, is amended to read as follows:
   35    (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
   36  contrary, when a person is convicted of criminal use of a firearm in the
   37  first  degree  as  defined in subdivision one of this section, the court
   38  shall impose an additional consecutive sentence of  five  years  to  the
   39  [minimum  term  of  an indeterminate] sentence imposed on the underlying
   40  class B violent felony offense where the person convicted of such  crime
   41  displays a loaded weapon from which a shot, readily capable of producing
   42  death  or  other serious injury may be discharged, in furtherance of the
   43  commission of  such  crime,  provided,  however,  that  such  additional
   44  sentence  shall not be imposed if the court, having regard to the nature
   45  and circumstances of the crime and to the history and character  of  the
   46  defendant, finds on the record that such additional consecutive sentence
   47  would  be  unduly  harsh  and  that  not imposing such sentence would be
   48  consistent with the public safety and would not deprecate  the  serious-
   49  ness  of  the crime.   Notwithstanding any other provision of law to the
   50  contrary, the aggregate of the five year consecutive term imposed pursu-
   51  ant to this subdivision  and  the  minimum  term  of  the  indeterminate
   52  sentence  imposed on the underlying class B violent felony shall consti-
   53  tute the new aggregate  minimum  term  of  imprisonment,  and  a  person
   54  subject  to  such  term  shall be required to serve the entire aggregate
   55  minimum term and shall not be eligible for release on parole  or  condi-
   56  tional  release during such term. This subdivision shall not apply where
       S. 2230                            23                            A. 2388

    1  the defendant's criminal liability for displaying a loaded  weapon  from
    2  which a shot, readily capable of producing death or other serious injury
    3  may be discharged, in furtherance of the commission of crime is based on
    4  the conduct of another pursuant to section 20.00 of [the penal law] THIS
    5  CHAPTER.
    6    S  43. Section 265.17 of the penal law, as added by chapter 189 of the
    7  laws of 2000, is amended to read as follows:
    8  S 265.17 Criminal purchase OR DISPOSAL of a weapon.
    9    A person is guilty of criminal purchase OR DISPOSAL of a weapon when:
   10    1. Knowing that he or she is  prohibited  by  law  from  possessing  a
   11  firearm,  rifle  or  shotgun because of a prior conviction or because of
   12  some other disability which  would  render  him  or  her  ineligible  to
   13  lawfully  possess a firearm, rifle or shotgun in this state, such person
   14  [attempts to purchase] PURCHASES a firearm, rifle or shotgun from anoth-
   15  er person; or
   16    2. Knowing that it would be unlawful for another person to  possess  a
   17  firearm, rifle or shotgun, he or she purchases a firearm, rifle or shot-
   18  gun for, on behalf of, or for the use of such other person[.]; OR
   19    3.  KNOWING THAT ANOTHER PERSON IS PROHIBITED BY LAW FROM POSSESSING A
   20  FIREARM, RIFLE OR SHOTGUN BECAUSE OF A PRIOR CONVICTION  OR  BECAUSE  OF
   21  SOME  OTHER  DISABILITY  WHICH  WOULD  RENDER  HIM  OR HER INELIGIBLE TO
   22  LAWFULLY POSSESS A FIREARM, RIFLE OR SHOTGUN IN  THIS  STATE,  A  PERSON
   23  DISPOSES OF A FIREARM, RIFLE OR SHOTGUN TO SUCH OTHER PERSON.
   24    Criminal purchase OR DISPOSAL of a weapon is a class [A misdemeanor] D
   25  FELONY.
   26    S 44. Intentionally omitted.
   27    S  45. The penal law is amended by adding a new section 265.19 to read
   28  as follows:
   29  S 265.19 AGGRAVATED CRIMINAL POSSESSION OF A WEAPON.
   30    A PERSON IS GUILTY OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON  WHEN
   31  HE  OR  SHE  COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE
   32  SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 265.03 OF  THIS
   33  ARTICLE AND ALSO COMMITS ANY VIOLENT FELONY OFFENSE AS DEFINED IN SUBDI-
   34  VISION ONE OF SECTION 70.02 OF THIS CHAPTER OR A DRUG TRAFFICKING FELONY
   35  AS  DEFINED  IN  SUBDIVISION TWENTY-ONE OF SECTION 10.00 OF THIS CHAPTER
   36  ARISING OUT OF THE SAME CRIMINAL TRANSACTION.
   37    AGGRAVATED CRIMINAL POSSESSION OF A WEAPON IS A CLASS C FELONY.
   38    S 46. Paragraph 3 of subdivision a of section 265.20 of the penal law,
   39  as amended by chapter 210 of the laws of 1999,  is  amended  and  a  new
   40  paragraph 7-f is added to read as follows:
   41    3.  Possession  of  a pistol or revolver by a person to whom a license
   42  therefor has been issued as provided under section 400.00 or  400.01  of
   43  this  chapter  OR  POSSESSION OF A WEAPON AS DEFINED IN PARAGRAPH (E) OR
   44  (F) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS ARTICLE WHICH IS
   45  REGISTERED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIXTEEN-A OF SECTION
   46  400.00 OF THIS CHAPTER OR IS  INCLUDED  ON  AN  AMENDED  LICENSE  ISSUED
   47  PURSUANT  TO  SECTION 400.00 OF THIS CHAPTER.  IN THE EVENT SUCH LICENSE
   48  IS REVOKED, OTHER THAN BECAUSE SUCH LICENSEE IS NO LONGER  PERMITTED  TO
   49  POSSESS A FIREARM, RIFLE OR SHOTGUN UNDER FEDERAL OR STATE LAW, INFORMA-
   50  TION  SUFFICIENT TO SATISFY THE REQUIREMENTS OF SUBDIVISION SIXTEEN-A OF
   51  SECTION 400.00 OF THIS CHAPTER, SHALL BE TRANSMITTED  BY  THE  LICENSING
   52  OFFICER  TO THE STATE POLICE, IN A FORM AS DETERMINED BY THE SUPERINTEN-
   53  DENT OF STATE POLICE. SUCH TRANSMISSION SHALL CONSTITUTE A VALID  REGIS-
   54  TRATION UNDER SUCH SECTION.  FURTHER PROVIDED, NOTWITHSTANDING ANY OTHER
   55  SECTION  OF THIS TITLE, A FAILURE TO REGISTER SUCH WEAPON BY AN INDIVID-
   56  UAL WHO POSSESSES SUCH WEAPON BEFORE THE ENACTMENT OF THE CHAPTER OF THE
       S. 2230                            24                            A. 2388

    1  LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS PARAGRAPH  AND  MAY  SO
    2  LAWFULLY  POSSESS IT THEREAFTER UPON REGISTRATION, SHALL ONLY BE SUBJECT
    3  TO PUNISHMENT PURSUANT TO PARAGRAPH  (C)  OF  SUBDIVISION  SIXTEEN-A  OF
    4  SECTION  400.00 OF THIS CHAPTER; provided, that such a license OR REGIS-
    5  TRATION shall not preclude a  conviction  for  the  offense  defined  in
    6  subdivision  three of section 265.01 of this article OR SECTION 265.01-A
    7  OF THIS ARTICLE.
    8    7-F. POSSESSION AND USE OF A MAGAZINE, BELT,  FEED  STRIP  OR  SIMILAR
    9  DEVICE,  THAT  CONTAINS  MORE  THAN SEVEN ROUNDS OF AMMUNITION, BUT THAT
   10  DOES NOT HAVE A CAPACITY OF OR CAN READILY BE RESTORED OR  CONVERTED  TO
   11  ACCEPT  MORE  THAN  TEN  ROUNDS  OF  AMMUNITION, AT AN INDOOR OR OUTDOOR
   12  FIRING RANGE LOCATED IN OR ON PREMISES  OWNED  OR  OCCUPIED  BY  A  DULY
   13  INCORPORATED  ORGANIZATION  ORGANIZED  FOR  CONSERVATION  PURPOSES OR TO
   14  FOSTER PROFICIENCY IN ARMS; AT AN INDOOR OR OUTDOOR FIRING RANGE FOR THE
   15  PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGIATE, OLYMPIC OR TARGET
   16  SHOOTING COMPETITION UNDER THE AUSPICES OF OR APPROVED BY  THE  NATIONAL
   17  RIFLE  ASSOCIATION;  OR AT AN ORGANIZED MATCH SANCTIONED BY THE INTERNA-
   18  TIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.
   19    S 46-a. The penal law is amended by adding two new sections 265.36 and
   20  265.37 to read as follows:
   21  S 265.36 UNLAWFUL POSSESSION OF  A  LARGE  CAPACITY  AMMUNITION  FEEDING
   22             DEVICE.
   23    IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS A LARGE CAPACI-
   24  TY  AMMUNITION  FEEDING DEVICE MANUFACTURED BEFORE SEPTEMBER THIRTEENTH,
   25  NINETEEN HUNDRED NINETY-FOUR, AND IF SUCH PERSON LAWFULLY POSSESSED SUCH
   26  LARGE CAPACITY FEEDING DEVICE BEFORE THE EFFECTIVE DATE OF  THE  CHAPTER
   27  OF  THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS
   28  A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED  TO  ACCEPT,
   29  MORE THAN TEN ROUNDS OF AMMUNITION.
   30    AN  INDIVIDUAL WHO HAS A REASONABLE BELIEF THAT SUCH DEVICE IS OF SUCH
   31  A CHARACTER THAT IT MAY LAWFULLY BE  POSSESSED  AND  WHO  SURRENDERS  OR
   32  LAWFULLY DISPOSES OF SUCH DEVICE WITHIN THIRTY DAYS OF BEING NOTIFIED BY
   33  LAW  ENFORCEMENT  OR  COUNTY LICENSING OFFICIALS THAT SUCH POSSESSION IS
   34  UNLAWFUL SHALL NOT BE GUILTY OF THIS OFFENSE. IT SHALL BE  A  REBUTTABLE
   35  PRESUMPTION  THAT  SUCH PERSON KNOWS THAT SUCH LARGE CAPACITY AMMUNITION
   36  FEEDING DEVICE MAY NOT BE LAWFULLY POSSESSED  IF  HE  OR  SHE  HAS  BEEN
   37  CONTACTED  BY LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS AND INFORMED
   38  THAT SUCH DEVICE MAY NOT BE LAWFULLY POSSESSED.
   39    UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE IS A
   40  CLASS A MISDEMEANOR.
   41  S 265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES.
   42    IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS  AN  AMMUNITION
   43  FEEDING  DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE
   44  DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  THIRTEEN  WHICH  ADDED
   45  THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR
   46  CONVERTED  TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNI-
   47  TION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION.
   48    IF SUCH DEVICE CONTAINING MORE THAN  SEVEN  ROUNDS  OF  AMMUNITION  IS
   49  POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
   50  DEVICE  SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
   51  TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
   52  A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
   53  TERM OF UP TO THREE MONTHS IMPRISONMENT.
   54    IF SUCH DEVICE CONTAINING MORE THAN  SEVEN  ROUNDS  OF  AMMUNITION  IS
   55  POSSESSED  IN  ANY  LOCATION  OTHER  THAN THE HOME OF THE POSSESSOR, THE
   56  PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF
       S. 2230                            25                            A. 2388

    1  A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
    2  TERM OF UP TO SIX MONTHS IMPRISONMENT, AND  FOR  A  SECOND  OFFENSE,  BE
    3  GUILTY OF A CLASS A MISDEMEANOR.
    4    S  47. The penal law is amended by adding a new section 265.45 to read
    5  as follows:
    6  S 265.45 SAFE STORAGE OF RIFLES, SHOTGUNS, AND FIREARMS.
    7    NO PERSON WHO OWNS OR IS CUSTODIAN OF A RIFLE, SHOTGUN OR FIREARM  WHO
    8  RESIDES  WITH  AN INDIVIDUAL WHO SUCH PERSON KNOWS OR HAS REASON TO KNOW
    9  IS PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO 18 U.S.C.  S  922(G)
   10  (1),  (4), (8) OR (9) SHALL STORE OR OTHERWISE LEAVE SUCH RIFLE, SHOTGUN
   11  OR FIREARM OUT OF HIS OR HER IMMEDIATE  POSSESSION  OR  CONTROL  WITHOUT
   12  HAVING FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN OR FIREARM IN AN APPRO-
   13  PRIATE  SAFE  STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED
   14  BY USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAPON. FOR  PURPOSES
   15  OF  THIS  SECTION  "SAFE  STORAGE DEPOSITORY" SHALL MEAN A SAFE OR OTHER
   16  SECURE CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED  WITH-
   17  OUT  THE KEY, COMBINATION OR OTHER UNLOCKING MECHANISM AND IS CAPABLE OF
   18  PREVENTING  AN  UNAUTHORIZED  PERSON  FROM  OBTAINING  ACCESS   TO   AND
   19  POSSESSION  OF  THE  WEAPON CONTAINED THEREIN.  WITH RESPECT TO A PERSON
   20  WHO IS PROHIBITED FROM  POSSESSING  A  FIREARM  PURSUANT  TO  18  USC  S
   21  922(G)(9),  FOR  PURPOSES  OF THIS SECTION, THIS SECTION APPLIES ONLY IF
   22  SUCH PERSON HAS BEEN CONVICTED OF A CRIME INCLUDED IN SUBDIVISION ONE OF
   23  SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW AND SUCH GUN  IS  POSSESSED
   24  WITHIN FIVE YEARS FROM THE LATER OF THE DATE OF CONVICTION OR COMPLETION
   25  OF SENTENCE.
   26    A VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
   27    S  48.  Subdivision 1, paragraph (a) of subdivision 3, subdivisions 4,
   28  5, 9, 10, 11, 12 and 15 of section 400.00 of the penal law,  subdivision
   29  1 as amended by chapter 189 of the laws of 2000, paragraph (a) of subdi-
   30  vision 3 as designated by chapter 778 of the laws of 1985, subdivision 4
   31  as  amended by chapter 331 of the laws of 2005, subdivision 5 as amended
   32  by chapter 332 of the laws of 1994, subdivision 9 as amended by  chapter
   33  172 of the laws of 1973, subdivision 10 as amended by chapter 447 of the
   34  laws  of  1997,  subdivision 11 as amended by chapter 210 of the laws of
   35  1999, and subdivision 12 as amended by chapter 449 of the laws of  1993,
   36  are  amended and two new subdivisions 16-a and 16-b are added to read as
   37  follows:
   38    1. Eligibility. No license shall be issued or renewed pursuant to this
   39  section except by the licensing officer, and then  only  after  investi-
   40  gation  and  finding  that  all statements in a proper application for a
   41  license are true. No license shall be issued or renewed  except  for  an
   42  applicant  (a) twenty-one years of age or older, provided, however, that
   43  where such applicant has  been  honorably  discharged  from  the  United
   44  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
   45  national guard of the state of New York, no such age  restriction  shall
   46  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
   47  anywhere of a felony or a serious offense; (d) WHO  IS  NOT  A  FUGITIVE
   48  FROM  JUSTICE;  (E)  WHO  IS  NOT AN UNLAWFUL USER OF OR ADDICTED TO ANY
   49  CONTROLLED SUBSTANCE AS DEFINED IN SECTION 21 U.S.C. 802; (F) WHO  BEING
   50  AN ALIEN (I) IS NOT ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES OR (II)
   51  HAS  NOT  BEEN  ADMITTED  TO THE UNITED STATES UNDER A NONIMMIGRANT VISA
   52  SUBJECT TO THE EXCEPTION IN 18 U.S.C. 922(Y)(2); (G) WHO  HAS  NOT  BEEN
   53  DISCHARGED FROM THE ARMED FORCES UNDER DISHONORABLE CONDITIONS; (H) WHO,
   54  HAVING BEEN A CITIZEN OF THE UNITED STATES, HAS NOT RENOUNCED HIS OR HER
   55  CITIZENSHIP;  (I) who has stated whether he or she has ever suffered any
   56  mental illness [or been confined to any hospital or institution,  public
       S. 2230                            26                            A. 2388

    1  or  private,  for  mental  illness];  (J) WHO HAS NOT BEEN INVOLUNTARILY
    2  COMMITTED TO A FACILITY UNDER THE  JURISDICTION  OF  AN  OFFICE  OF  THE
    3  DEPARTMENT  OF MENTAL HYGIENE PURSUANT TO ARTICLE NINE OR FIFTEEN OF THE
    4  MENTAL  HYGIENE  LAW,  ARTICLE SEVEN HUNDRED THIRTY OR SECTION 330.20 OF
    5  THE CRIMINAL PROCEDURE LAW, SECTION FOUR HUNDRED  TWO  OR  FIVE  HUNDRED
    6  EIGHT  OF THE CORRECTION LAW, SECTION 322.2 OR 353.4 OF THE FAMILY COURT
    7  ACT, OR HAS NOT BEEN CIVILLY CONFINED IN  A  SECURE  TREATMENT  FACILITY
    8  PURSUANT TO ARTICLE TEN OF THE MENTAL HYGIENE LAW; [(e)] (K) who has not
    9  had  a license revoked or who is not under a suspension or ineligibility
   10  order issued pursuant to the provisions of section 530.14 of the  crimi-
   11  nal  procedure  law  or  section eight hundred forty-two-a of the family
   12  court act; [(f)] (L) in the county of Westchester, who has  successfully
   13  completed  a  firearms  safety course and test as evidenced by a certif-
   14  icate of completion issued in his or her name and endorsed and  affirmed
   15  under  the  penalties of perjury by a duly authorized instructor, except
   16  that: (i) persons who are honorably discharged from  the  United  States
   17  army, navy, marine corps or coast guard, or of the national guard of the
   18  state  of  New  York,  and produce evidence of official qualification in
   19  firearms during the term of service are not required to  have  completed
   20  those  hours  of  a  firearms  safety course pertaining to the safe use,
   21  carrying, possession, maintenance and storage of  a  firearm;  and  (ii)
   22  persons  who  were licensed to possess a pistol or revolver prior to the
   23  effective date of this paragraph are not required to  have  completed  a
   24  firearms safety course and test; [and (g)] (M) WHO HAS NOT HAD A GUARDI-
   25  AN  APPOINTED  FOR  HIM  OR  HER PURSUANT TO ANY PROVISION OF STATE LAW,
   26  BASED ON A DETERMINATION THAT AS A RESULT OF MARKED  SUBNORMAL  INTELLI-
   27  GENCE, MENTAL ILLNESS, INCAPACITY, CONDITION OR DISEASE, HE OR SHE LACKS
   28  THE  MENTAL  CAPACITY  TO CONTRACT OR MANAGE HIS OR HER OWN AFFAIRS; AND
   29  (N) concerning whom no good cause exists for the denial of the  license.
   30  No person shall engage in the business of gunsmith or dealer in firearms
   31  unless licensed pursuant to this section. An applicant to engage in such
   32  business  shall  also be a citizen of the United States, more than twen-
   33  ty-one years of age and maintain a place of  business  in  the  city  or
   34  county  where the license is issued. For such business, if the applicant
   35  is a firm or partnership, each member thereof shall comply with  all  of
   36  the requirements set forth in this subdivision and if the applicant is a
   37  corporation, each officer thereof shall so comply.
   38    (a)  Applications  shall be made and renewed, in the case of a license
   39  to carry or possess a pistol or revolver, to the  licensing  officer  in
   40  the  city or county, as the case may be, where the applicant resides, is
   41  principally employed or has his OR HER principal place  of  business  as
   42  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
   43  dealer in firearms, to the licensing officer where such place  of  busi-
   44  ness  is  located.  Blank  applications shall, except in the city of New
   45  York, be approved as to form by the superintendent of state police.   An
   46  application shall state the full name, date of birth, residence, present
   47  occupation of each person or individual signing the same, whether or not
   48  he  OR  SHE  is a citizen of the United States, whether or not he OR SHE
   49  complies with each requirement for eligibility specified in  subdivision
   50  one  of this section and such other facts as may be required to show the
   51  good character, competency and integrity of each  person  or  individual
   52  signing  the application. An application shall be signed and verified by
   53  the applicant. Each individual signing an application shall  submit  one
   54  photograph  of himself OR HERSELF and a duplicate for each required copy
   55  of the application. Such photographs shall have been taken within thirty
   56  days prior to filing the application. In case of a license  as  gunsmith
       S. 2230                            27                            A. 2388

    1  or  dealer  in  firearms,  the photographs submitted shall be two inches
    2  square, and the application shall also state the previous occupation  of
    3  each  individual  signing the same and the location of the place of such
    4  business,  or  of the bureau, agency, subagency, office or branch office
    5  for which the license is sought, specifying the name of the  city,  town
    6  or  village,  indicating the street and number and otherwise giving such
    7  apt description as to point out reasonably the location thereof. In such
    8  case, if the applicant is a firm, partnership or corporation, its  name,
    9  date  and  place  of formation, and principal place of business shall be
   10  stated. For such firm or partnership, the application  shall  be  signed
   11  and  verified  by  each individual composing or intending to compose the
   12  same, and for such corporation, by each officer thereof.
   13    4. Investigation. Before a license is issued or renewed,  there  shall
   14  be an investigation of all statements required in the application by the
   15  duly  constituted police authorities of the locality where such applica-
   16  tion is made, INCLUDING BUT NOT LIMITED TO SUCH RECORDS AS MAY BE ACCES-
   17  SIBLE TO THE DIVISION OF STATE POLICE OR DIVISION  OF  CRIMINAL  JUSTICE
   18  SERVICES  PURSUANT TO SECTION 400.02 OF THIS ARTICLE.  For that purpose,
   19  the records of the  appropriate  office  of  the  department  of  mental
   20  hygiene  concerning  previous or present mental illness of the applicant
   21  shall be available for inspection by the investigating  officer  of  the
   22  police  authority.   In order to ascertain any previous criminal record,
   23  the investigating officer  shall  take  the  fingerprints  and  physical
   24  descriptive  data in quadruplicate of each individual by whom the appli-
   25  cation is signed and verified. Two copies of such fingerprints shall  be
   26  taken  on  standard  fingerprint cards eight inches square, and one copy
   27  may be taken on a card supplied for that purpose by the  federal  bureau
   28  of  investigation;  provided,  however,  that in the case of a corporate
   29  applicant that has already been issued a dealer in firearms license  and
   30  seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
   31  location, the original fingerprints on file may be used to ascertain any
   32  criminal record in the second or subsequent application  unless  any  of
   33  the  corporate  officers  have  changed  since the prior application, in
   34  which case the  new  corporate  officer  shall  comply  with  procedures
   35  governing  an  initial application for such license. When completed, one
   36  standard card shall be forwarded to and  retained  by  the  division  of
   37  criminal  justice  services  in  the  executive department, at Albany. A
   38  search of the files of such division and  written  notification  of  the
   39  results of the search to the investigating officer shall be made without
   40  unnecessary delay.  Thereafter, such division shall notify the licensing
   41  officer  and the executive department, division of state police, Albany,
   42  of any criminal record of the applicant filed therein subsequent to  the
   43  search  of its files. A second standard card, or the one supplied by the
   44  federal bureau of investigation, as the case may be, shall be  forwarded
   45  to that bureau at Washington with a request that the files of the bureau
   46  be searched and notification of the results of the search be made to the
   47  investigating  police  authority. [The failure or refusal of the federal
   48  bureau of investigation to make the fingerprint check  provided  for  in
   49  this  section shall not constitute the sole basis for refusal to issue a
   50  permit pursuant to the provisions of this section.] Of the remaining two
   51  fingerprint cards, one shall be filed  with  the  executive  department,
   52  division  of state police, Albany, within ten days after issuance of the
   53  license, and the other remain on  file  with  the  investigating  police
   54  authority.  No  such  fingerprints  may be inspected by any person other
   55  than a peace officer, who is acting pursuant to his special duties, or a
   56  police officer, except on order of a judge or  justice  of  a  court  of
       S. 2230                            28                            A. 2388

    1  record  either  upon  notice  to  the licensee or without notice, as the
    2  judge or justice may deem appropriate. Upon completion of  the  investi-
    3  gation,  the  police authority shall report the results to the licensing
    4  officer without unnecessary delay.
    5    5.    Filing  of  approved applications.   (A) The application for any
    6  license, if granted, shall be filed by the licensing  officer  with  the
    7  clerk  of  the  county  of issuance, except that in the city of New York
    8  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    9  designate  the  place  of  filing in the appropriate division, bureau or
   10  unit of the police department thereof, and in the county of Suffolk  the
   11  county  clerk  is  hereby authorized to transfer all records or applica-
   12  tions relating to firearms to the licensing authority  of  that  county.
   13  [The]  EXCEPT AS PROVIDED IN PARAGRAPHS (B) THROUGH (F) OF THIS SUBDIVI-
   14  SION, THE name and address of any person to whom an application for  any
   15  license has been granted shall be a public record. Upon application by a
   16  licensee who has changed his place of residence such records or applica-
   17  tions  shall be transferred to the appropriate officer at the licensee's
   18  new place of residence. A duplicate copy of such  application  shall  be
   19  filed  by the licensing officer in the executive department, division of
   20  state police, Albany, within ten days after  issuance  of  the  license.
   21  THE  SUPERINTENDENT  OF STATE POLICE MAY DESIGNATE THAT SUCH APPLICATION
   22  SHALL BE TRANSMITTED TO THE DIVISION OF STATE POLICE ELECTRONICALLY.  IN
   23  THE  EVENT THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE DETERMINES
   24  THAT IT LACKS ANY OF THE RECORDS REQUIRED TO BE FILED WITH THE DIVISION,
   25  IT MAY REQUEST THAT SUCH RECORDS BE PROVIDED TO IT  BY  THE  APPROPRIATE
   26  CLERK,  DEPARTMENT  OR AUTHORITY AND SUCH CLERK, DEPARTMENT OR AUTHORITY
   27  SHALL PROVIDE THE DIVISION WITH SUCH RECORDS. IN THE EVENT  SUCH  CLERK,
   28  DEPARTMENT OR AUTHORITY LACKS SUCH RECORDS, THE DIVISION MAY REQUEST THE
   29  LICENSE  HOLDER PROVIDE INFORMATION SUFFICIENT TO CONSTITUTE SUCH RECORD
   30  AND SUCH LICENSE HOLDER SHALL PROVIDE THE DIVISION  WITH  SUCH  INFORMA-
   31  TION.    SUCH INFORMATION SHALL BE LIMITED TO THE LICENSE HOLDER'S NAME,
   32  DATE OF BIRTH, GENDER,RACE, RESIDENTIAL ADDRESS, SOCIAL SECURITY  NUMBER
   33  AND  FIREARMS POSSESSED BY SAID LICENSE HOLDER. Nothing in this subdivi-
   34  sion shall be construed to change the expiration date or  term  of  such
   35  licenses  if  otherwise  provided  for  in  law.  RECORDS  ASSEMBLED  OR
   36  COLLECTED FOR PURPOSES OF INCLUSION IN THE DATABASE ESTABLISHED BY  THIS
   37  SECTION  SHALL BE RELEASED PURSUANT TO A COURT ORDER.  RECORDS ASSEMBLED
   38  OR COLLECTED FOR PURPOSES OF INCLUSION IN THE DATABASE CREATED  PURSUANT
   39  TO  SECTION  400.02  OF  THIS CHAPTER SHALL NOT BE SUBJECT TO DISCLOSURE
   40  PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   41    (B) EACH APPLICATION FOR A LICENSE PURSUANT TO PARAGRAPH (A)  OF  THIS
   42  SUBDIVISION  SHALL  INCLUDE,  ON A SEPARATE WRITTEN FORM PREPARED BY THE
   43  DIVISION OF STATE POLICE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THE
   44  CHAPTER OF THE  LAWS  OF  TWO  THOUSAND  THIRTEEN,  WHICH  AMENDED  THIS
   45  SECTION,  AND PROVIDED TO THE APPLICANT AT THE SAME TIME AND IN THE SAME
   46  MANNER AS THE APPLICATION FOR A LICENSE, AN OPPORTUNITY FOR  THE  APPLI-
   47  CANT  TO  REQUEST  AN  EXCEPTION FROM HIS OR HER APPLICATION INFORMATION
   48  BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION.
   49  SUCH  FORMS,  WHICH  SHALL ALSO BE MADE AVAILABLE TO INDIVIDUALS WHO HAD
   50  APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE EFFECTIVE DATE OF THE
   51  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SECTION,
   52  SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN APPLICANT KNOWINGLY
   53  PROVIDED FALSE INFORMATION, SUCH APPLICANT MAY BE SUBJECT  TO  PENALTIES
   54  PURSUANT TO SECTION 175.30 OF THIS CHAPTER, AND FURTHER, THAT HIS OR HER
   55  REQUEST  FOR  AN EXCEPTION SHALL BE NULL AND VOID, PROVIDED THAT WRITTEN
   56  NOTICE CONTAINING SUCH  DETERMINATION  IS  PROVIDED  TO  THE  APPLICANT.
       S. 2230                            29                            A. 2388

    1  FURTHER, SUCH FORMS SHALL PROVIDE EACH APPLICANT AN OPPORTUNITY TO SPEC-
    2  IFY  THE  GROUNDS  ON  WHICH  HE  OR SHE BELIEVES HIS OR HER APPLICATION
    3  INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE GROUNDS, WHICH SHALL
    4  BE IDENTIFIED ON THE APPLICATION WITH A BOX BESIDE EACH FOR CHECKING, AS
    5  APPLICABLE, BY THE APPLICANT, SHALL BE AS FOLLOWS:
    6    (I)  THE  APPLICANT'S  LIFE  OR SAFETY MAY BE ENDANGERED BY DISCLOSURE
    7  BECAUSE:
    8    (A) THE APPLICANT IS AN ACTIVE OR RETIRED POLICE OFFICER, PEACE  OFFI-
    9  CER, PROBATION OFFICER, PAROLE OFFICER, OR CORRECTIONS OFFICER;
   10    (B)  THE APPLICANT IS A PROTECTED PERSON UNDER A CURRENTLY VALID ORDER
   11  OF PROTECTION;
   12    (C) THE APPLICANT IS OR WAS A WITNESS IN A CRIMINAL PROCEEDING INVOLV-
   13  ING A CRIMINAL CHARGE;
   14    (D) THE APPLICANT IS PARTICIPATING OR  PREVIOUSLY  PARTICIPATED  AS  A
   15  JUROR  IN  A CRIMINAL PROCEEDING, OR IS OR WAS A MEMBER OF A GRAND JURY;
   16  OR
   17    (E) THE APPLICANT IS A SPOUSE, DOMESTIC PARTNER OR HOUSEHOLD MEMBER OF
   18  A PERSON IDENTIFIED IN THIS SUBPARAGRAPH OR SUBPARAGRAPH  (II)  OF  THIS
   19  PARAGRAPH,  SPECIFYING  WHICH  SUBPARAGRAPH OR SUBPARAGRAPHS AND CLAUSES
   20  APPLY.
   21    (II) THE APPLICANT HAS REASON TO BELIEVE HIS OR HER LIFE OR SAFETY MAY
   22  BE ENDANGERED BY DISCLOSURE DUE TO REASONS STATED BY THE APPLICANT.
   23    (III) THE APPLICANT HAS REASON TO BELIEVE HE OR SHE MAY BE SUBJECT  TO
   24  UNWARRANTED HARASSMENT UPON DISCLOSURE OF SUCH INFORMATION.
   25    (C)  EACH  FORM PROVIDED FOR RECERTIFICATION PURSUANT TO PARAGRAPH (B)
   26  OF SUBDIVISION TEN OF THIS SECTION SHALL INCLUDE AN OPPORTUNITY FOR  THE
   27  APPLICANT  TO REQUEST AN EXCEPTION FROM THE INFORMATION PROVIDED ON SUCH
   28  FORM BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVI-
   29  SION.    SUCH FORMS SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN
   30  APPLICANT KNOWINGLY PROVIDED FALSE INFORMATION, SUCH  APPLICANT  MAY  BE
   31  SUBJECT  TO  PENALTIES  PURSUANT  TO SECTION 175.30 OF THIS CHAPTER, AND
   32  FURTHER, THAT HIS OR HER REQUEST FOR AN  EXCEPTION  SHALL  BE  NULL  AND
   33  VOID,  PROVIDED  THAT  WRITTEN  NOTICE  CONTAINING SUCH DETERMINATION IS
   34  PROVIDED TO THE APPLICANT.   FURTHER,  SUCH  FORMS  SHALL  PROVIDE  EACH
   35  APPLICANT  AN  OPPORTUNITY  TO  EITHER  DECLINE  TO REQUEST THE GRANT OR
   36  CONTINUATION OF AN EXCEPTION, OR SPECIFY THE GROUNDS ON WHICH HE OR  SHE
   37  BELIEVES  HIS OR HER INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE
   38  GROUNDS, WHICH SHALL BE IDENTIFIED IN THE APPLICATION WITH A BOX  BESIDE
   39  EACH FOR CHECKING, AS APPLICABLE, BY THE APPLICANT, SHALL BE THE SAME AS
   40  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   41    (D)  INFORMATION  SUBMITTED ON THE FORMS DESCRIBED IN PARAGRAPH (B) OF
   42  THIS SUBDIVISION SHALL BE EXCEPTED FROM DISCLOSURE AND MAINTAINED BY THE
   43  ENTITY RETAINING SUCH INFORMATION SEPARATE  AND  APART  FROM  ALL  OTHER
   44  RECORDS.
   45    (E)  (I)  UPON  RECEIVING A REQUEST FOR EXCEPTION FROM DISCLOSURE, THE
   46  LICENSING OFFICER SHALL GRANT SUCH  EXCEPTION,  UNLESS  THE  REQUEST  IS
   47  DETERMINED TO BE NULL AND VOID, PURSUANT TO PARAGRAPH (B) OR (C) OF THIS
   48  SUBDIVISION.
   49    (II)  A  REQUEST  FOR AN EXCEPTION FROM DISCLOSURE MAY BE SUBMITTED AT
   50  ANY TIME, INCLUDING AFTER A LICENSE OR RECERTIFICATION HAS BEEN GRANTED.
   51    (III) IF AN EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH  (B)
   52  OF  THIS  SUBDIVISION,  THE  APPLICATION INFORMATION SHALL NOT BE PUBLIC
   53  RECORD, UNLESS THE REQUEST IS DETERMINED TO BE  NULL  AND  VOID.  IF  AN
   54  EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDI-
   55  VISION,  THE  INFORMATION  CONCERNING  SUCH  RECERTIFICATION APPLICATION
       S. 2230                            30                            A. 2388

    1  SHALL NOT BE PUBLIC RECORD, UNLESS THE REQUEST IS DETERMINED TO BE  NULL
    2  AND VOID.
    3    (F) THE INFORMATION OF LICENSEES OR APPLICANTS FOR A LICENSE SHALL NOT
    4  BE  DISCLOSED  TO  THE  PUBLIC  DURING THE FIRST ONE HUNDRED TWENTY DAYS
    5  FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND
    6  THIRTEEN,  WHICH  AMENDED THIS SECTION.  AFTER SUCH PERIOD, THE INFORMA-
    7  TION OF THOSE WHO HAD APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE
    8  PREPARATION OF THE FORM FOR REQUESTING AN EXCEPTION, PURSUANT  TO  PARA-
    9  GRAPH  (B) OF THIS SUBDIVISION, MAY BE RELEASED ONLY IF SUCH INDIVIDUALS
   10  DID NOT FILE A REQUEST FOR SUCH AN EXCEPTION DURING THE FIRST SIXTY DAYS
   11  FOLLOWING SUCH  PREPARATION;  PROVIDED,  HOWEVER,  THAT  NO  INFORMATION
   12  CONTAINED  IN  AN  APPLICATION FOR LICENSURE OR RECERTIFICATION SHALL BE
   13  DISCLOSED BY AN ENTITY  THAT  HAS  NOT  COMPLETED  PROCESSING  ANY  SUCH
   14  REQUESTS RECEIVED DURING SUCH SIXTY DAYS.
   15    (G)  IF  A  REQUEST FOR AN EXCEPTION IS DETERMINED TO BE NULL AND VOID
   16  PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AN  APPLICANT  MAY
   17  REQUEST  REVIEW  OF SUCH DETERMINATION PURSUANT TO ARTICLE SEVENTY-EIGHT
   18  OF THE CIVIL PRACTICE LAWS AND  RULES.  SUCH  PROCEEDING  MUST  COMMENCE
   19  WITHIN  THIRTY  DAYS  AFTER SERVICE OF THE WRITTEN NOTICE CONTAINING THE
   20  ADVERSE DETERMINATION. NOTICE OF THE RIGHT TO COMMENCE SUCH A  PETITION,
   21  AND  THE  TIME  PERIOD  THEREFOR, SHALL BE INCLUDED IN THE NOTICE OF THE
   22  DETERMINATION. DISCLOSURE FOLLOWING SUCH A PETITION SHALL  NOT  BE  MADE
   23  PRIOR TO THE DISPOSITION OF SUCH REVIEW.
   24    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
   25  person licensed to carry or possess a pistol or revolver  may  apply  at
   26  any  time  to  his  OR HER licensing officer for amendment of his OR HER
   27  license to include one or more such weapons or to  cancel  weapons  held
   28  under  license.  If  granted,  a  record of the amendment describing the
   29  weapons involved shall be filed by the licensing officer in  the  execu-
   30  tive department, division of state police, Albany. THE SUPERINTENDENT OF
   31  STATE  POLICE  MAY AUTHORIZE THAT SUCH AMENDMENT BE COMPLETED AND TRANS-
   32  MITTED TO THE STATE POLICE  IN  ELECTRONIC  FORM.  Notification  of  any
   33  change  of residence shall be made in writing by any licensee within ten
   34  days after such change occurs, and a record  of  such  change  shall  be
   35  inscribed  by  such  licensee on the reverse side of his OR HER license.
   36  Elsewhere than in the city of New York, and in the  counties  of  Nassau
   37  and  Suffolk,  such  notification shall be made to the executive depart-
   38  ment, division of state police, Albany, and in the city of New  York  to
   39  the police commissioner of that city, and in the county of Nassau to the
   40  police  commissioner of that county, and in the county of Suffolk to the
   41  licensing officer of that county, who shall, within ten days after  such
   42  notification  shall be received by him OR HER, give notice in writing of
   43  such change to the executive department, division of  state  police,  at
   44  Albany.
   45    10.  License:  expiration,  certification and renewal. (A) Any license
   46  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
   47  license  to  carry  or  possess a pistol or revolver, issued at any time
   48  pursuant to this section or prior to the first  day  of  July,  nineteen
   49  hundred  sixty-three  and not limited to expire on an earlier date fixed
   50  in the license, shall expire not more than three years after the date of
   51  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
   52  license  to  carry  or  possess a pistol or revolver, issued at any time
   53  pursuant to this section or prior to the first  day  of  July,  nineteen
   54  hundred  sixty-three  and not limited to expire on an earlier date fixed
   55  in the license, shall expire not more than five years after the date  of
   56  issuance;  however, in the county of Westchester, any such license shall
       S. 2230                            31                            A. 2388

    1  be certified prior to the first day of April, two thousand,  in  accord-
    2  ance  with  a schedule to be contained in regulations promulgated by the
    3  commissioner of the division of criminal  justice  services,  and  every
    4  such  license  shall  be  recertified  every  five years thereafter. For
    5  purposes of this section certification  shall  mean  that  the  licensee
    6  shall  provide  to the licensing officer the following information only:
    7  current name, date of birth, current address, and the make, model, cali-
    8  ber and serial number of all firearms currently possessed. Such  certif-
    9  ication  information shall be filed by the licensing officer in the same
   10  manner as an amendment. Elsewhere than in the city of New York  and  the
   11  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
   12  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
   13  section  or prior to the first day of July, nineteen hundred sixty-three
   14  and not previously revoked or cancelled, shall be in  force  and  effect
   15  until  revoked  as herein provided. Any license not previously cancelled
   16  or revoked shall remain in full force and effect for thirty days  beyond
   17  the  stated  expiration date on such license. Any application to renew a
   18  license that has not previously expired, been revoked or cancelled shall
   19  thereby extend the term of the license until disposition of the applica-
   20  tion by the licensing officer. In the case of a license for gunsmith  or
   21  dealer  in  firearms,  in  counties having a population of less than two
   22  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
   23  submitted  on  original applications and upon renewal thereafter only at
   24  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
   25  original  license has been despoiled, lost or otherwise removed from the
   26  possession of the licensee and upon application containing an additional
   27  photograph of the licensee, the licensing officer shall issue  a  dupli-
   28  cate license.
   29    (B) ALL LICENSEES SHALL BE RECERTIFIED TO THE DIVISION OF STATE POLICE
   30  EVERY  FIVE  YEARS  THEREAFTER.  ANY LICENSE ISSUED BEFORE THE EFFECTIVE
   31  DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  THIRTEEN  WHICH  ADDED
   32  THIS PARAGRAPH SHALL BE RECERTIFIED BY THE LICENSEE ON OR BEFORE JANUARY
   33  THIRTY-FIRST, TWO THOUSAND EIGHTEEN, AND NOT LESS THAN ONE YEAR PRIOR TO
   34  SUCH  DATE,  THE STATE POLICE SHALL SEND A NOTICE TO ALL LICENSE HOLDERS
   35  WHO HAVE NOT RECERTIFIED BY SUCH TIME.  SUCH RECERTIFICATION SHALL BE IN
   36  A FORM AS APPROVED BY THE SUPERINTENDENT OF STATE  POLICE,  WHICH  SHALL
   37  REQUEST THE LICENSE HOLDER'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDEN-
   38  TIAL ADDRESS, SOCIAL SECURITY NUMBER, FIREARMS POSSESSED BY SUCH LICENSE
   39  HOLDER,  EMAIL ADDRESS AT THE OPTION OF THE LICENSE HOLDER AND AN AFFIR-
   40  MATION THAT SUCH  LICENSE  HOLDER  IS  NOT  PROHIBITED  FROM  POSSESSING
   41  FIREARMS.  THE FORM MAY BE IN AN ELECTRONIC FORM IF SO DESIGNATED BY THE
   42  SUPERINTENDENT OF STATE POLICE. FAILURE TO  RECERTIFY  SHALL  ACT  AS  A
   43  REVOCATION  OF SUCH LICENSE.  IF THE NEW YORK STATE POLICE DISCOVER AS A
   44  RESULT OF THE RECERTIFICATION PROCESS THAT A LICENSEE FAILED TO  PROVIDE
   45  A  CHANGE  OF  ADDRESS,  THE NEW YORK STATE POLICE SHALL NOT REQUIRE THE
   46  LICENSING OFFICER TO REVOKE SUCH LICENSE.
   47    11. License: revocation and suspension. (A) The conviction of a licen-
   48  see anywhere of a felony or serious offense OR A LICENSEE  AT  ANY  TIME
   49  BECOMING INELIGIBLE TO OBTAIN A LICENSE UNDER THIS SECTION shall operate
   50  as a revocation of the license. A license may be revoked or suspended as
   51  provided  for in section 530.14 of the criminal procedure law or section
   52  eight hundred forty-two-a of the family court act. Except for a  license
   53  issued  pursuant  to  section  400.01  of this article, a license may be
   54  revoked and cancelled at any time in the city of New York,  and  in  the
   55  counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
   56  than in the city of New York by any judge  or  justice  of  a  court  of
       S. 2230                            32                            A. 2388

    1  record;  a license issued pursuant to section 400.01 of this article may
    2  be revoked and cancelled at any time by the  licensing  officer  or  any
    3  judge  or  justice of a court of record. The official revoking a license
    4  shall give written notice thereof without unnecessary delay to the exec-
    5  utive department, division of state police, Albany, and shall also noti-
    6  fy immediately the duly constituted police authorities of the locality.
    7    (B) WHENEVER THE DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE
    8  MAKES  A  REPORT PURSUANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW, THE
    9  DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  CONVEY  SUCH  INFORMATION,
   10  WHENEVER  IT  DETERMINES THAT THE PERSON NAMED IN THE REPORT POSSESSES A
   11  LICENSE ISSUED PURSUANT TO THIS SECTION, TO  THE  APPROPRIATE  LICENSING
   12  OFFICIAL, WHO SHALL ISSUE AN ORDER SUSPENDING OR REVOKING SUCH LICENSE.
   13    (C)  IN  ANY  INSTANCE  IN  WHICH  A  PERSON'S LICENSE IS SUSPENDED OR
   14  REVOKED UNDER PARAGRAPH (A) OR (B)  OF  THIS  SUBDIVISION,  SUCH  PERSON
   15  SHALL  SURRENDER  SUCH LICENSE TO THE APPROPRIATE LICENSING OFFICIAL AND
   16  ANY AND ALL FIREARMS, RIFLES, OR SHOTGUNS OWNED  OR  POSSESSED  BY  SUCH
   17  PERSON  SHALL BE SURRENDERED TO AN APPROPRIATE LAW ENFORCEMENT AGENCY AS
   18  PROVIDED IN SUBPARAGRAPH (F)  OF  PARAGRAPH  ONE  OF  SUBDIVISION  A  OF
   19  SECTION  265.20  OF  THIS  CHAPTER.  IN THE EVENT SUCH LICENSE, FIREARM,
   20  SHOTGUN, OR RIFLE IS NOT SURRENDERED, SUCH ITEMS SHALL  BE  REMOVED  AND
   21  DECLARED  A  NUISANCE  AND  ANY  POLICE  OFFICER OR PEACE OFFICER ACTING
   22  PURSUANT TO HIS OR HER SPECIAL DUTIES IS AUTHORIZED TO  REMOVE  ANY  AND
   23  ALL SUCH WEAPONS.
   24    12.  Records required of gunsmiths and dealers in firearms. Any person
   25  licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
   26  approved  as to form, except in the city of New York, by the superinten-
   27  dent of state police. In the record book shall be entered at the time of
   28  every transaction involving a firearm the date,  name,  age,  occupation
   29  and residence of any person from whom a firearm is received or to whom a
   30  firearm  is delivered, and the calibre, make, model, manufacturer's name
   31  and serial number, or if none, any other distinguishing number or  iden-
   32  tification  mark  on  such  firearm.  Before delivering a firearm to any
   33  person, the licensee shall require him to produce either a license valid
   34  under this section to carry or possess the  same,  or  proof  of  lawful
   35  authority  as  an exempt person pursuant to section 265.20. In addition,
   36  before delivering a firearm to a peace officer, the licensee shall veri-
   37  fy that person's status as a peace officer with the  division  of  state
   38  police.  After  completing  the foregoing, the licensee shall remove and
   39  retain the attached coupon and enter in the record book the date of such
   40  license, number, if any, and name of the licensing officer, in the  case
   41  of  the  holder of a license to carry or possess, or the shield or other
   42  number, if any, assignment and department, unit or agency, in  the  case
   43  of an exempt person.  The original transaction report shall be forwarded
   44  to  the division of state police within ten days of delivering a firearm
   45  to any person, and a duplicate copy shall be kept by the  licensee.  THE
   46  SUPERINTENDENT  OF  STATE POLICE MAY DESIGNATE THAT SUCH RECORD SHALL BE
   47  COMPLETED AND TRANSMITTED IN ELECTRONIC FORM.  A DEALER MAY BE GRANTED A
   48  WAIVER FROM TRANSMITTING SUCH RECORDS IN ELECTRONIC FORM IF  THE  SUPER-
   49  INTENDENT  DETERMINES THAT SUCH DEALER IS INCAPABLE OF SUCH TRANSMISSION
   50  DUE TO TECHNOLOGICAL LIMITATIONS THAT  ARE  NOT  REASONABLY  WITHIN  THE
   51  CONTROL  OF  THE DEALER, OR OTHER EXCEPTIONAL CIRCUMSTANCES DEMONSTRATED
   52  BY THE DEALER, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION,  AND  AT
   53  THE DISCRETION OF THE SUPERINTENDENT. RECORDS ASSEMBLED OR COLLECTED FOR
   54  PURPOSES OF INCLUSION IN THE DATABASE CREATED PURSUANT TO SECTION 400.02
   55  OF  THIS  ARTICLE SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE
   56  SIX OF THE PUBLIC OFFICERS LAW. The record book shall be  maintained  on
       S. 2230                            33                            A. 2388

    1  the premises mentioned and described in the license and shall be open at
    2  all  reasonable hours for inspection by any peace officer, acting pursu-
    3  ant to his special duties, or police officer. In the event of  cancella-
    4  tion or revocation of the license for gunsmith or dealer in firearms, or
    5  discontinuance  of  business  by  a  licensee, such record book shall be
    6  immediately surrendered to the licensing officer  in  the  city  of  New
    7  York,  and  in  the counties of Nassau and Suffolk, and elsewhere in the
    8  state to the executive department, division of state police.
    9    15. Any violation by any person of any provision of this section is  a
   10  class A misdemeanor.
   11    16-A.  REGISTRATION. (A) AN OWNER OF A WEAPON DEFINED IN PARAGRAPH (E)
   12  OR (F) OF SUBDIVISION TWENTY-TWO OF  SECTION  265.00  OF  THIS  CHAPTER,
   13  POSSESSED  BEFORE  THE  DATE OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
   14  LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MUST  MAKE  AN
   15  APPLICATION  TO  REGISTER  SUCH  WEAPON WITH THE SUPERINTENDENT OF STATE
   16  POLICE, IN THE MANNER PROVIDED BY THE SUPERINTENDENT, OR BY  AMENDING  A
   17  LICENSE ISSUED PURSUANT TO THIS SECTION WITHIN ONE YEAR OF THE EFFECTIVE
   18  DATE  OF  THIS  SUBDIVISION EXCEPT ANY WEAPON DEFINED UNDER SUBPARAGRAPH
   19  (VI) OF PARAGRAPH (G) OF SUBDIVISION TWENTY-TWO  OF  SECTION  265.00  OF
   20  THIS  CHAPTER  TRANSFERRED INTO THE STATE MAY BE REGISTERED AT ANY TIME,
   21  PROVIDED SUCH WEAPONS ARE REGISTERED WITHIN THIRTY DAYS OF THEIR  TRANS-
   22  FER  INTO  THE  STATE. REGISTRATION INFORMATION SHALL INCLUDE THE REGIS-
   23  TRANT'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDENTIAL  ADDRESS,  SOCIAL
   24  SECURITY  NUMBER  AND  A  DESCRIPTION OF EACH WEAPON BEING REGISTERED. A
   25  REGISTRATION OF ANY WEAPON DEFINED UNDER SUBPARAGRAPH (VI) OF  PARAGRAPH
   26  (G)  OF  SUBDIVISION TWENTY-TWO OF SECTION 265.00 OR A FEEDING DEVICE AS
   27  DEFINED UNDER SUBDIVISION TWENTY-THREE OF SECTION 265.00 OF THIS CHAPTER
   28  SHALL BE TRANSFERABLE, PROVIDED  THAT  THE  SELLER  NOTIFIES  THE  STATE
   29  POLICE  WITHIN  SEVENTY-TWO HOURS OF THE TRANSFER AND THE BUYER PROVIDES
   30  THE STATE POLICE WITH INFORMATION SUFFICIENT TO CONSTITUTE  A  REGISTRA-
   31  TION  UNDER  THIS  SECTION. SUCH REGISTRATION SHALL NOT BE VALID IF SUCH
   32  REGISTRANT IS PROHIBITED OR BECOMES PROHIBITED FROM POSSESSING A FIREARM
   33  PURSUANT TO STATE OR FEDERAL LAW.   THE SUPERINTENDENT  SHALL  DETERMINE
   34  WHETHER  SUCH  REGISTRANT  IS PROHIBITED FROM POSSESSING A FIREARM UNDER
   35  STATE OR FEDERAL LAW.  SUCH CHECK SHALL BE LIMITED TO DETERMINING WHETH-
   36  ER THE FACTORS IN 18 USC 922 (G) APPLY OR  WHETHER A REGISTRANT HAS BEEN
   37  CONVICTED OF A SERIOUS OFFENSE AS DEFINED IN  SUBDIVISION  SIXTEEN-B  OF
   38  SECTION  265.00  OF THIS CHAPTER, SO AS TO PROHIBIT SUCH REGISTRANT FROM
   39  POSSESSING A FIREARM, AND WHETHER A REPORT HAS BEEN ISSUED  PURSUANT  TO
   40  SECTION 9.46 OF THE MENTAL HYGIENE LAW.  ALL REGISTRANTS SHALL RECERTIFY
   41  TO THE DIVISION OF STATE POLICE EVERY FIVE YEARS THEREAFTER.  FAILURE TO
   42  RECERTIFY SHALL RESULT IN A REVOCATION OF SUCH REGISTRATION.
   43    (B)  THE  SUPERINTENDENT  OF STATE POLICE SHALL CREATE AND MAINTAIN AN
   44  INTERNET WEBSITE TO EDUCATE THE PUBLIC AS TO WHICH SEMIAUTOMATIC  RIFLE,
   45  SEMIAUTOMATIC SHOTGUN OR SEMIAUTOMATIC PISTOL OR WEAPON THAT ARE ILLEGAL
   46  AS  A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
   47  THIRTEEN WHICH ADDED THIS PARAGRAPH, AS WELL  AS  SUCH  ASSAULT  WEAPONS
   48  WHICH  ARE  ILLEGAL  PURSUANT  TO ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS
   49  CHAPTER. SUCH WEBSITE SHALL CONTAIN INFORMATION TO ASSIST THE PUBLIC  IN
   50  RECOGNIZING THE RELEVANT FEATURES PROSCRIBED BY SUCH ARTICLE TWO HUNDRED
   51  SIXTY-FIVE,  AS  WELL  AS  WHICH  MAKE AND MODEL OF WEAPONS THAT REQUIRE
   52  REGISTRATION.
   53    (C) A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON,  AS
   54  REQUIRED  BY  THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE
   55  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS  PARAGRAPH
   56  SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO UNKNOWINGLY
       S. 2230                            34                            A. 2388

    1  FAILS  TO VALIDLY REGISTER SUCH WEAPON WITHIN SUCH ONE YEAR PERIOD SHALL
    2  BE GIVEN A WARNING BY AN APPROPRIATE  LAW  ENFORCEMENT  AUTHORITY  ABOUT
    3  SUCH  FAILURE  AND  GIVEN THIRTY DAYS IN WHICH TO APPLY TO REGISTER SUCH
    4  WEAPON  OR  TO SURRENDER IT. A FAILURE TO APPLY OR SURRENDER SUCH WEAPON
    5  WITHIN SUCH THIRTY-DAY PERIOD SHALL RESULT IN SUCH WEAPON BEING  REMOVED
    6  BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY AND DECLARED A NUISANCE.
    7    16-B.  THE COST OF THE SOFTWARE, PROGRAMMING AND INTERFACE REQUIRED TO
    8  TRANSMIT ANY RECORD THAT MUST BE ELECTRONICALLY TRANSMITTED BY THE DEAL-
    9  ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
   10  CHAPTER SHALL BE BORNE BY THE STATE.
   11    S 49. The penal law is amended by adding a new section 400.02 to  read
   12  as follows:
   13  S 400.02 STATEWIDE LICENSE AND RECORD DATABASE.
   14    THERE  SHALL BE A STATEWIDE LICENSE AND RECORD DATABASE WHICH SHALL BE
   15  CREATED AND MAINTAINED BY THE DIVISION OF STATE POLICE THE COST OF WHICH
   16  SHALL NOT BE BORNE BY ANY MUNICIPALITY.  RECORDS ASSEMBLED OR  COLLECTED
   17  FOR  PURPOSES  OF  INCLUSION  IN  SUCH  DATABASE SHALL NOT BE SUBJECT TO
   18  DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS  LAW.  RECORDS
   19  CONTAINING GRANTED LICENSE APPLICATIONS SHALL BE PERIODICALLY CHECKED BY
   20  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES AGAINST CRIMINAL CONVICTION,
   21  MENTAL HEALTH, AND ALL OTHER RECORDS AS ARE NECESSARY TO DETERMINE THEIR
   22  CONTINUED ACCURACY AS WELL AS WHETHER   AN INDIVIDUAL  IS  NO  LONGER  A
   23  VALID  LICENSE  HOLDER.  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
   24  ALSO CHECK PENDING APPLICATIONS MADE PURSUANT TO  THIS  ARTICLE  AGAINST
   25  SUCH  RECORDS  TO  DETERMINE WHETHER A LICENSE MAY BE GRANTED. ALL STATE
   26  AGENCIES SHALL COOPERATE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES,
   27  AS OTHERWISE AUTHORIZED BY LAW, IN MAKING THEIR  RECORDS  AVAILABLE  FOR
   28  SUCH CHECKS. THE DIVISION OF CRIMINAL JUSTICE SERVICES, UPON DETERMINING
   29  THAT AN INDIVIDUAL IS INELIGIBLE TO POSSESS A LICENSE, OR IS NO LONGER A
   30  VALID  LICENSE HOLDER, SHALL NOTIFY THE APPLICABLE LICENSING OFFICIAL OF
   31  SUCH DETERMINATION AND SUCH LICENSING OFFICIAL SHALL NOT ISSUE A LICENSE
   32  OR REVOKE SUCH LICENSE AND ANY WEAPONS OWNED OR POSSESSED BY SUCH  INDI-
   33  VIDUAL  SHALL  BE  REMOVED CONSISTENT WITH THE PROVISIONS OF SUBDIVISION
   34  ELEVEN OF SECTION 400.00 OF THIS ARTICLE. LOCAL AND STATE  LAW  ENFORCE-
   35  MENT SHALL HAVE ACCESS TO SUCH DATABASE, AS OTHERWISE AUTHORIZED BY LAW,
   36  IN  THE  PERFORMANCE OF THEIR DUTIES. RECORDS ASSEMBLED OR COLLECTED FOR
   37  PURPOSES OF INCLUSION IN THE DATABASE ESTABLISHED BY THIS SECTION  SHALL
   38  BE RELEASED PURSUANT TO A COURT ORDER.
   39    S  50. The penal law is amended by adding a new section 400.03 to read
   40  as follows:
   41  S 400.03 SELLERS OF AMMUNITION.
   42    1. A SELLER OF AMMUNITION AS DEFINED  IN  SUBDIVISION  TWENTY-FOUR  OF
   43  SECTION 265.00 OF THIS CHAPTER SHALL REGISTER WITH THE SUPERINTENDENT OF
   44  STATE  POLICE IN A MANNER PROVIDED BY THE SUPERINTENDENT.  ANY DEALER IN
   45  FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO  SECTION  400.00  OF  THIS
   46  ARTICLE SHALL NOT BE REQUIRED TO COMPLETE SUCH REGISTRATION.
   47    2.  ANY SELLER OF AMMUNITION OR DEALER IN FIREARMS SHALL KEEP A RECORD
   48  BOOK APPROVED AS TO FORM BY THE SUPERINTENDENT OF STATE POLICE.  IN  THE
   49  RECORD  BOOK SHALL BE ENTERED AT THE TIME OF EVERY TRANSACTION INVOLVING
   50  AMMUNITION THE DATE, NAME, AGE, OCCUPATION AND RESIDENCE OF  ANY  PERSON
   51  FROM WHOM AMMUNITION IS RECEIVED OR TO WHOM AMMUNITION IS DELIVERED, AND
   52  THE  AMOUNT, CALIBRE, MANUFACTURER'S NAME AND SERIAL NUMBER, OR IF NONE,
   53  ANY OTHER DISTINGUISHING NUMBER OR IDENTIFICATION MARK ON  SUCH  AMMUNI-
   54  TION.  THE RECORD BOOK SHALL BE MAINTAINED ON THE PREMISES MENTIONED AND
   55  DESCRIBED  IN  THE LICENSE AND SHALL BE OPEN AT ALL REASONABLE HOURS FOR
   56  INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO HIS OR  HER  SPECIAL
       S. 2230                            35                            A. 2388

    1  DUTIES, OR POLICE OFFICER.  ANY RECORD PRODUCED PURSUANT TO THIS SECTION
    2  AND  ANY  TRANSMISSION  THEREOF  TO  ANY  GOVERNMENT AGENCY SHALL NOT BE
    3  CONSIDERED A PUBLIC RECORD FOR PURPOSES OF ARTICLE  SIX  OF  THE  PUBLIC
    4  OFFICERS LAW.
    5    3.  NO  LATER  THAN  THIRTY DAYS AFTER THE SUPERINTENDENT OF THE STATE
    6  POLICE CERTIFIES THAT THE STATEWIDE LICENSE AND RECORD  DATABASE  ESTAB-
    7  LISHED PURSUANT TO SECTION 400.02 OF THIS ARTICLE IS OPERATIONAL FOR THE
    8  PURPOSES  OF  THIS  SECTION,  A  DEALER IN FIREARMS LICENSED PURSUANT TO
    9  SECTION 400.00 OF THIS ARTICLE, A SELLER OF  AMMUNITION  AS  DEFINED  IN
   10  SUBDIVISION  TWENTY-FOUR  OF  SECTION  265.00  OF THIS CHAPTER SHALL NOT
   11  TRANSFER ANY AMMUNITION TO ANY OTHER PERSON  WHO  IS  NOT  A  DEALER  IN
   12  FIREARMS  AS  DEFINED  IN  SUBDIVISION  NINE OF SUCH SECTION 265.00 OR A
   13  SELLER OF AMMUNITION AS DEFINED IN SUBDIVISION  TWENTY-FOUR  OF  SECTION
   14  265.00 OF THIS CHAPTER, UNLESS:
   15    (A)  BEFORE  THE  COMPLETION  OF  THE TRANSFER, THE LICENSEE OR SELLER
   16  CONTACTS THE STATEWIDE LICENSE AND  RECORD  DATABASE  AND  PROVIDES  THE
   17  DATABASE  WITH INFORMATION SUFFICIENT TO IDENTIFY SUCH DEALER OR SELLER,
   18  TRANSFEREE BASED ON INFORMATION ON THE TRANSFEREE'S IDENTIFICATION DOCU-
   19  MENT AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION,  AS  WELL  AS  THE
   20  AMOUNT,  CALIBRE, MANUFACTURER'S NAME AND SERIAL NUMBER, IF ANY, OF SUCH
   21  AMMUNITION;
   22    (B) THE SYSTEM PROVIDES THE LICENSEE OR SELLER WITH A UNIQUE IDENTIFI-
   23  CATION NUMBER; AND
   24    (C) THE TRANSFEROR HAS VERIFIED THE  IDENTITY  OF  THE  TRANSFEREE  BY
   25  EXAMINING A VALID STATE IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED
   26  BY  THE DEPARTMENT OF MOTOR VEHICLES OR IF THE TRANSFEREE IS NOT A RESI-
   27  DENT OF THE STATE OF NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED BY
   28  THE TRANSFEREE'S STATE OR COUNTRY OF RESIDENCE CONTAINING  A  PHOTOGRAPH
   29  OF THE TRANSFEREE.
   30    4.  IF  THE  DATABASE  DETERMINES  THAT THE PURCHASER OF AMMUNITION IS
   31  ELIGIBLE TO POSSESS AMMUNITION PURSUANT TO STATE AND FEDERAL  LAWS,  THE
   32  SYSTEM SHALL:
   33    (A) ASSIGN A UNIQUE IDENTIFICATION NUMBER TO THE TRANSFER; AND
   34    (B) PROVIDE THE LICENSEE OR SELLER WITH THE NUMBER.
   35    5.  IF THE STATEWIDE LICENSE AND RECORD DATABASE NOTIFIES THE LICENSEE
   36  OR SELLER THAT THE INFORMATION AVAILABLE TO THE DATABASE DOES NOT DEMON-
   37  STRATE THAT THE RECEIPT OF AMMUNITION BY SUCH OTHER PERSON WOULD VIOLATE
   38  18 U.S.C. 922(G) OR STATE LAW, AND THE LICENSEE TRANSFERS AMMUNITION  TO
   39  SUCH OTHER PERSON, THE LICENSEE SHALL INDICATE TO THE DATABASE THAT SUCH
   40  TRANSACTION  HAS  BEEN  COMPLETED AT WHICH POINT A RECORD OF SUCH TRANS-
   41  ACTION SHALL BE CREATED WHICH SHALL BE ACCESSIBLE  BY  THE  DIVISION  OF
   42  STATE  POLICE  AND  MAINTAINED FOR NO LONGER THAN ONE YEAR FROM POINT OF
   43  PURCHASE, WHICH SHALL NOT BE INCORPORATED INTO THE DATABASE  ESTABLISHED
   44  PURSUANT  TO  SECTION 400.02 OF THIS ARTICLE OR THE REGISTRY ESTABLISHED
   45  PURSUANT TO SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS ARTICLE. THE
   46  DIVISION OF STATE POLICE MAY SHARE SUCH INFORMATION  WITH  A  LOCAL  LAW
   47  ENFORCEMENT  AGENCY.    EVIDENCE  OF  THE  PURCHASE OF AMMUNITION IS NOT
   48  SUFFICIENT TO ESTABLISH PROBABLE CAUSE TO BELIEVE THAT THE PURCHASER HAS
   49  COMMITTED A CRIME ABSENT OTHER INFORMATION TENDING TO PROVE THE  COMMIS-
   50  SION  OF A CRIME. RECORDS ASSEMBLED OR ACCESSED PURSUANT TO THIS SECTION
   51  SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC
   52  OFFICERS LAW. THIS REQUIREMENT OF THIS SECTION SHALL NOT APPLY (I) IF  A
   53  BACKGROUND  CHECK  CANNOT  BE COMPLETED BECAUSE THE SYSTEM IS NOT OPERA-
   54  TIONAL AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, OR WHERE  IT
   55  CANNOT  BE ACCESSED BY THE PRACTITIONER DUE TO A TEMPORARY TECHNOLOGICAL
   56  OR ELECTRICAL FAILURE, AS SET FORTH IN REGULATION, OR (II) A  DEALER  OR
       S. 2230                            36                            A. 2388

    1  SELLER  HAS  BEEN GRANTED A WAIVER FROM CONDUCTING SUCH BACKGROUND CHECK
    2  IF THE SUPERINTENDENT OF STATE POLICE DETERMINES  THAT  SUCH  DEALER  IS
    3  INCAPABLE  OF  SUCH  CHECK DUE TO TECHNOLOGICAL LIMITATIONS THAT ARE NOT
    4  REASONABLY  WITHIN  THE  CONTROL  OF  THE  DEALER,  OR OTHER EXCEPTIONAL
    5  CIRCUMSTANCES DEMONSTRATED BY THE DEALER, PURSUANT TO A  PROCESS  ESTAB-
    6  LISHED IN REGULATION, AND AT THE DISCRETION OF SUCH SUPERINTENDENT.
    7    6.  IF  THE  SUPERINTENDENT  OF STATE POLICE CERTIFIES THAT BACKGROUND
    8  CHECKS OF AMMUNITION PURCHASERS MAY BE CONDUCTED  THROUGH  THE  NATIONAL
    9  INSTANT CRIMINAL BACKGROUND CHECK SYSTEM, USE OF THAT SYSTEM BY A DEALER
   10  OR  SELLER  SHALL BE SUFFICIENT TO SATISFY SUBDIVISIONS FOUR AND FIVE OF
   11  THIS SECTION AND SUCH CHECKS SHALL BE  CONDUCTED  THROUGH  SUCH  SYSTEM,
   12  PROVIDED  THAT  A  RECORD  OF SUCH TRANSACTION SHALL BE FORWARDED TO THE
   13  STATE POLICE IN A FORM DETERMINED BY THE SUPERINTENDENT.
   14    7. NO COMMERCIAL TRANSFER OF AMMUNITION  SHALL  TAKE  PLACE  UNLESS  A
   15  LICENSED  DEALER  IN FIREARMS OR REGISTERED SELLER OF AMMUNITION ACTS AS
   16  AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE  ULTIMATE  TRANSFEREE  OF
   17  THE  AMMUNITION FOR THE PURPOSES OF CONTACTING THE STATEWIDE LICENSE AND
   18  RECORD DATABASE PURSUANT TO THIS  SECTION.  SUCH  TRANSFER  BETWEEN  THE
   19  DEALER OR SELLER, AND TRANSFEREE MUST OCCUR IN PERSON.
   20    8.  A  SELLER  OF  AMMUNITION  WHO  FAILS TO REGISTER PURSUANT TO THIS
   21  SECTION AND SELLS AMMUNITION, FOR A FIRST OFFENSE, SHALL BE GUILTY OF  A
   22  VIOLATION  AND  SUBJECT  TO  THE  FINE OF ONE THOUSAND DOLLARS AND FOR A
   23  SECOND OFFENSE, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   24    A SELLER OF AMMUNITION THAT FAILS TO KEEP ANY RECORD REQUIRED PURSUANT
   25  TO THIS SECTION, FOR A FIRST OFFENSE SHALL BE GUILTY OF A VIOLATION  AND
   26  SUBJECT  TO  A  FINE  OF  FIVE HUNDRED DOLLARS, AND FOR A SECOND OFFENSE
   27  SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AND THE REGISTRATION  OF  SUCH
   28  SELLER SHALL BE REVOKED.
   29    S  51. Section 400.10 of the penal law, as added by chapter 531 of the
   30  laws of 1984, and subdivision 1 as amended and subdivision 3 as added by
   31  chapter 189 of the laws of 2000, is amended to read as follows:
   32  S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
   33    1. (a) Any owner or other person lawfully  in  possession  of:  (I)  a
   34  firearm, rifle or, shotgun who suffers the loss or theft of said weapon;
   35  (II)  AMMUNITION  AS WELL AS A FIREARM, RIFLE OR SHOTGUN WHO SUFFERS THE
   36  LOSS OR THEFT OF SUCH AMMUNITION AS WELL AS A FIREARM, RIFLE OR SHOTGUN;
   37  OR (III) AMMUNITION AND IS A DEALER IN FIREARMS OR SELLER OF  AMMUNITION
   38  WHO  SUFFERS  THE  LOSS OR THEFT OF SUCH AMMUNITION shall within twenty-
   39  four hours of the discovery of the loss or theft report  the  facts  and
   40  circumstances  of  the loss or theft to a police department or sheriff's
   41  office.
   42    (b) Whenever a person reports the theft or loss of  a  firearm,  rifle
   43  [or],  shotgun  OR  AMMUNITION  to  any  police  department or sheriff's
   44  office, the officer or department receiving such  report  shall  forward
   45  notice of such theft or loss to the division of state police via the New
   46  York  Statewide  Police  Information  Network.  The notice shall contain
   47  information in compliance with the New York Statewide Police Information
   48  Network Operating Manual, including the caliber, make,  model,  manufac-
   49  turer's  name  and  serial  number, if any, and any other distinguishing
   50  number or identification mark on the weapon.
   51    2. The division of state police shall receive, collect  and  file  the
   52  information referred to in subdivision one of this section. The division
   53  shall  cooperate,  and  undertake  to  furnish  or make available to law
   54  enforcement agencies this information, for the purpose  of  coordinating
   55  law enforcement efforts to locate such weapons.
       S. 2230                            37                            A. 2388

    1    3.  Notwithstanding  any  other provision of law, a violation of para-
    2  graph (a) of subdivision one of this section shall be  [punishable  only
    3  by a fine not to exceed one hundred dollars] A CLASS A MISDEMEANOR.
    4    S  52. The penal law is amended by adding a new section 460.22 to read
    5  as follows:
    6  S 460.22 AGGRAVATED ENTERPRISE CORRUPTION.
    7    A PERSON IS GUILTY OF AGGRAVATED ENTERPRISE CORRUPTION WHEN HE OR  SHE
    8  COMMITS  THE  CRIME OF ENTERPRISE CORRUPTION AND TWO OR MORE OF THE ACTS
    9  THAT CONSTITUTE HIS OR HER PATTERN OF  CRIMINAL  ACTIVITY  ARE  CLASS  B
   10  FELONIES  OR HIGHER, AND AT LEAST TWO ACTS ARE ARMED FELONIES AS DEFINED
   11  IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THE  CRIMI-
   12  NAL  PROCEDURE  LAW  OR ONE ACT IS SUCH AN ARMED FELONY AND ONE ACT IS A
   13  VIOLATION OF SUBDIVISION TWO OF SECTION 265.17 OF THIS  CHAPTER  OR  ONE
   14  ACT  IS  A  CLASS B VIOLENT FELONY AND TWO ARE VIOLATIONS OF SUBDIVISION
   15  TWO OF SECTION 265.17 OF THIS CHAPTER.
   16    AGGRAVATED ENTERPRISE CORRUPTION IS A CLASS A-I FELONY.
   17    S 53. The surrogate's court procedure act is amended by adding  a  new
   18  section 2509 to read as follows:
   19  S 2509. FIREARMS INVENTORY
   20    WHENEVER,  BY  REGULATION, RULE OR STATUTE, A FIDUCIARY OR ATTORNEY OF
   21  RECORD MUST FILE A LIST OF ASSETS CONSTITUTING A DECEDENT'S ESTATE, SUCH
   22  LIST MUST INCLUDE A PARTICULARIZED DESCRIPTION OF EVERY FIREARM, SHOTGUN
   23  AND RIFLE, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW,
   24  THAT ARE PART OF SUCH ESTATE. SUCH LIST MUST BE FILED  WITH  THE  SURRO-
   25  GATE'S  COURT  IN  THE COUNTY IN WHICH THE ESTATE PROCEEDING, IF ANY, IS
   26  PENDING AND A COPY MUST BE FILED WITH THE DIVISION OF  CRIMINAL  JUSTICE
   27  SERVICES.
   28    S  54.  Section  18  of  chapter 408 of the laws of 1999, constituting
   29  Kendra's Law, as amended by chapter 139 of the laws of 2010, is  amended
   30  to read as follows:
   31    S  18.  This  act shall take effect immediately, provided that section
   32  fifteen of this act shall take effect April 1, 2000, provided,  further,
   33  that  subdivision (e) of section 9.60 of the mental hygiene law as added
   34  by section six of this act shall be effective 90  days  after  this  act
   35  shall  become law; and that this act shall expire and be deemed repealed
   36  June 30, [2015] 2017.
   37    S 55. The education law is amended by adding a new section  2801-b  to
   38  read as follows:
   39    S  2801-B. NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS.  THE GOVER-
   40  NOR SHALL ESTABLISH NEW YORK  STATE  SCHOOL  SAFETY  IMPROVEMENT  TEAMS,
   41  WHICH  MAY  BE COMPOSED OF REPRESENTATIVES FROM THE DIVISION OF HOMELAND
   42  SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DIVI-
   43  SION OF CRIMINAL JUSTICE SERVICES, AND THE  DEPARTMENT.  SUCH  NEW  YORK
   44  STATE  SCHOOL  SAFETY  IMPROVEMENT  TEAMS SHALL REVIEW AND ASSESS SCHOOL
   45  SAFETY PLANS SUBMITTED, ON A VOLUNTARY BASIS, BY SCHOOL DISTRICTS HAVING
   46  A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND  INHABITANTS,
   47  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND COUNTY VOCATIONAL EDUCA-
   48  TION  AND EXTENSION BOARDS, AND MAY MAKE RECOMMENDATIONS TO IMPROVE SUCH
   49  SCHOOL SAFETY PLANS.
   50    S 56. Subdivision 6-c of section 3602 of the education law, as amended
   51  by section 1 of part A-2 of chapter 62 of the laws of 2003,  is  amended
   52  to read as follows:
   53    6-c. A. Building aid for metal detectors, and safety devices for elec-
   54  trically  operated  partitions,  room dividers and doors. In addition to
   55  the apportionments payable to a school district pursuant to  subdivision
   56  six  of this section, the commissioner is hereby authorized to apportion
       S. 2230                            38                            A. 2388

    1  to any school district additional building aid pursuant to this subdivi-
    2  sion for its approved expenditures in the base year for the purchase  of
    3  stationary  metal  detectors, security cameras, safety devices for elec-
    4  trically  operated  partitions  and  room  dividers required pursuant to
    5  section four hundred nine-f of this chapter, or other  security  devices
    6  approved  by  the  commissioner that increase the safety of students and
    7  school personnel, provided, however, that funds  apportioned  to  school
    8  districts pursuant to this section shall not supplant funds for existing
    9  district  expenditures  or  for  existing contractual obligations of the
   10  district for stationary metal detectors, security cameras, partition and
   11  room divider safety devices, or security devices.  Portable or hand held
   12  metal detectors shall not be eligible for aid pursuant to this  subdivi-
   13  sion.  Such  additional  aid shall equal the product of the building aid
   14  ratio computed for use in the current year pursuant to  paragraph  c  of
   15  subdivision  six  of  this  section and the actual approved expenditures
   16  incurred in the base year pursuant to this  subdivision,  provided  that
   17  the limitations on cost allowances prescribed by paragraph a of subdivi-
   18  sion six of this section shall not apply. The commissioner shall annual-
   19  ly  prescribe a special cost allowance for metal detectors, and security
   20  cameras, and the approved expenditures shall not exceed such cost allow-
   21  ance. The commissioner shall annually prescribe a special cost allowance
   22  for partition and room divider safety devices, and the approved expendi-
   23  tures shall not exceed such cost allowance.
   24    B. FOR PROJECTS APPROVED BY THE  COMMISSIONER  AUTHORIZED  TO  RECEIVE
   25  ADDITIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION FOR THE PURCHASE OF
   26  STATIONARY  METAL  DETECTORS, SECURITY CAMERAS OR OTHER SECURITY DEVICES
   27  APPROVED BY THE COMMISSIONER THAT INCREASE THE SAFETY  OF  STUDENTS  AND
   28  SCHOOL  PERSONNEL,  PROVIDED  THAT  FOR  PURPOSES OF THIS PARAGRAPH SUCH
   29  OTHER SECURITY DEVICES SHALL BE LIMITED TO ELECTRONIC  SECURITY  SYSTEMS
   30  AND  HARDENED  DOORS,  AND  PROVIDED  THAT  FOR PROJECTS APPROVED BY THE
   31  COMMISSIONER ON OR AFTER THE FIRST DAY OF JULY TWO THOUSAND THIRTEEN AND
   32  BEFORE THE FIRST DAY OF JULY TWO THOUSAND SIXTEEN  SUCH  ADDITIONAL  AID
   33  SHALL  EQUAL  THE PRODUCT OF (I) THE BUILDING AID RATIO COMPUTED FOR USE
   34  IN THE CURRENT YEAR PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX  OF  THIS
   35  SECTION  PLUS  TEN  PERCENTAGE POINTS, EXCEPT THAT IN NO CASE SHALL THIS
   36  AMOUNT EXCEED ONE HUNDRED PERCENT, AND (II) THE ACTUAL APPROVED EXPENDI-
   37  TURES INCURRED IN THE BASE YEAR PURSUANT TO THIS  SUBDIVISION,  PROVIDED
   38  THAT  THE  LIMITATIONS  ON  COST ALLOWANCES PRESCRIBED BY PARAGRAPH A OF
   39  SUBDIVISION SIX OF THIS SECTION SHALL NOT APPLY,  AND  PROVIDED  FURTHER
   40  THAT  ANY  PROJECTS  AIDED  UNDER  THIS  PARAGRAPH MUST BE INCLUDED IN A
   41  DISTRICT'S SCHOOL SAFETY PLAN. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE
   42  A SPECIAL COST ALLOWANCE FOR METAL DETECTORS, AND SECURITY CAMERAS,  AND
   43  THE APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
   44    S  57.  Severability.  If  any clause, sentence, paragraph, section or
   45  part of this act shall be adjudged by any court of  competent  jurisdic-
   46  tion  to be invalid and after exhaustion of all further judicial review,
   47  the judgment shall not affect, impair or invalidate the remainder there-
   48  of, but shall be confined in its  operation  to  the  clause,  sentence,
   49  paragraph,  section or part of this act directly involved in the contro-
   50  versy in which the judgment shall have been rendered.
   51    S 58. This act shall take effect immediately; provided, however, that:
   52    a. Sections one, two, three, four, five, six, seven, eight, nine, ten,
   53  eleven, twelve, thirteen, fourteen, fifteen, sixteen,  seventeen,  eigh-
   54  teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty-
   55  four, twenty-five, twenty-six, twenty-six-a, twenty-seven, twenty-eight,
   56  twenty-nine, thirty, thirty-one, thirty-two, thirty-three,  thirty-four,
       S. 2230                            39                            A. 2388

    1  thirty-five,  thirty-six,  thirty-nine,  forty,  forty-one, forty-one-a,
    2  forty-one-b, forty-two, forty-three, forty-five, forty-six, forty-six-a,
    3  forty-seven, fifty-one, fifty-two, fifty-three, fifty-four,  fifty-five,
    4  and fifty-six of this act shall take effect on the sixtieth day after it
    5  shall have become a law;
    6    b. The amendments to subdivision 23 of section 265.00 of the penal law
    7  made  by section thirty-eight of this act shall take effect on the nine-
    8  tieth day after this act shall have become a law, except that the amend-
    9  ments made to paragraph (a) of subdivision 23 shall  take  effect  imme-
   10  diately;
   11    c.  The  amendments  to subdivision 1, paragraph (a) of subdivision 3,
   12  and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
   13  penal law made by section forty-eight of this act shall take effect  one
   14  year after this act shall have become a law;
   15    d.  The  amendments to subdivision 16-a of section 400.00 of the penal
   16  law made by section forty-eight of this act shall  take  effect  on  the
   17  ninetieth day after this act shall have become a law;
   18    e.  The amendments to sections 400.02 and 400.03 of the penal law made
   19  by sections forty-nine and fifty of this act shall take effect one  year
   20  after it shall have become a law; and
   21    f. The amendments to subdivision (b) of section 9.47 and sections 9.48
   22  and  9.60 of the mental hygiene law made by sections twenty-one, twenty-
   23  two and twenty-three of this act shall not  affect  the  expiration  and
   24  repeal of such paragraph and sections and shall be deemed repealed ther-
   25  ewith.
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