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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 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2230                                                  A. 2388
 
                               2013-2014 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    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    § 2. The criminal procedure law is amended by  adding  a  new  section
    15  380.96 to read as follows:
    16  § 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    §  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    § 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    § 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    §  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    §  6. The family court act is amended by adding a new section 446-a to
    29  read as follows:
    30    § 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    §  7.  The  family court act is amended by adding a new section 552 to
    38  read as follows:
    39    § 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    § 8.  The family court act is amended by adding a new section 656-a to
    47  read as follows:

    48    § 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    § 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    §  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    §  10.  The family court act is amended by adding a new section 1056-a
     9  to read as follows:
    10    § 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    § 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    § 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    § 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    § 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    § 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    §  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    § 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    §  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 § 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    §  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    §  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    §  20.  The mental hygiene law is amended by adding a new section 9.46
    10  to read as follows:
    11  § 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    § 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    § 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    § 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    §  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    § 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    § 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    §  26-a.  The  penal law is amended by adding a new section 60.11-a to
    52  read as follows:
    53  § 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    § 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    § 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    § 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    § 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    §  31. The penal law is amended by adding a new section 115.20 to read
    44  as follows:
    45  § 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    § 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    §  33.  Sections  34,  35 and 36 of this act shall be known and may be
     7  cited as "Mark's Law".
     8    § 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    § 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    §  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    § 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    § 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    §  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    § 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  § 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    §  41.  The  penal  law is amended by adding a new section 265.01-a to
    47  read as follows:
    48  § 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    §  41-a.  The penal law is amended by adding a new section 265.01-b to
     5  read as follows:
     6  § 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    § 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    §  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    §  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  § 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    § 44. Intentionally omitted.
    27    §  45. The penal law is amended by adding a new section 265.19 to read
    28  as follows:

    29  § 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    § 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    § 46-a. The penal law is amended by adding two new sections 265.36 and
    20  265.37 to read as follows:
    21  § 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  § 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    §  47. The penal law is amended by adding a new section 265.45 to read
     5  as follows:
     6  § 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.  §  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  §
    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    §  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    § 49. The penal law is amended by adding a new section 400.02 to  read
    12  as follows:
    13  § 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    §  50. The penal law is amended by adding a new section 400.03 to read
    40  as follows:
    41  § 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    §  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  § 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    §  52. The penal law is amended by adding a new section 460.22 to read
     5  as follows:
     6  § 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    § 53. The surrogate's court procedure act is amended by adding  a  new
    18  section 2509 to read as follows:
    19  § 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    §  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    §  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    § 55. The education law is amended by adding a new section  2801-b  to
    38  read as follows:
    39    §  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    § 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    §  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    § 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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