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A05388 Summary:

BILL NOA05388
 
SAME ASSAME AS S01996
 
SPONSORDiPietro
 
COSPNSRNorris
 
MLTSPNSRWalsh
 
Amd 400.00, Pen L
 
Relates to the recertification process for firearms.
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A05388 Actions:

BILL NOA05388
 
02/08/2017referred to codes
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A05388 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5388
 
SPONSOR: DiPietro
  TITLE OF BILL: An act to amend the penal law, in relation to the recertification process for licenses for firearms   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to eliminate the recertification requirement for firearms licenses, which was created by the SAFE Act.   SUMMARY OF SPECIFIC PROVISIONS: Sections 1 amends the penal law, repealing the provisions that created a recertification requirement for firearms licenses. Section 2 states that this act shall take effect immediately.   JUSTIFICATION: This bill is one in a series of proposed reforms to the SAFE Act. As we continue to work towards full repeal of the SAFE Act, the provisions most devastating to law abiding citizens need to be addressed immediate- ly. This series of proposals is a step in the right direction towards protecting our Second Amendment rights while ensuring public safety.   LEGISLATIVE HISTORY: A10390- 2015/16   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A05388 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5388
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2017
                                       ___________
 
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT to amend the penal law, in relation to the recertification proc-
          ess for licenses for firearms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 5 and 10 of section 400.00 of the penal law,
     2  as amended by chapter 1 of the laws of 2013,  are  amended  to  read  as
     3  follows:
     4    5.  Filing  of  approved  applications.  (a)  The  application for any
     5  license, if granted, shall be filed by the licensing  officer  with  the
     6  clerk  of  the  county  of issuance, except that in the city of New York
     7  and, in the counties of Nassau and Suffolk, the licensing officer  shall
     8  designate  the  place  of  filing in the appropriate division, bureau or
     9  unit of the police department thereof, and in the county of Suffolk  the
    10  county  clerk  is  hereby authorized to transfer all records or applica-
    11  tions relating to firearms to the licensing authority  of  that  county.
    12  Except  as provided in paragraphs (b) through [(f)] (e) of this subdivi-
    13  sion, the name and address of any person to whom an application for  any
    14  license has been granted shall be a public record. Upon application by a
    15  licensee who has changed his place of residence such records or applica-
    16  tions  shall be transferred to the appropriate officer at the licensee's
    17  new place of residence. A duplicate copy of such  application  shall  be
    18  filed  by the licensing officer in the executive department, division of
    19  state police, Albany, within ten days after issuance of the license. The
    20  superintendent of state police may designate that such application shall
    21  be transmitted to the division of state police  electronically.  In  the
    22  event the superintendent of the division of state police determines that
    23  it  lacks  any of the records required to be filed with the division, it
    24  may request that such records be  provided  to  it  by  the  appropriate
    25  clerk,  department  or authority and such clerk, department or authority
    26  shall provide the division with such records. In the event  such  clerk,
    27  department or authority lacks such records, the division may request the
    28  license  holder provide information sufficient to constitute such record
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00236-01-7

        A. 5388                             2
 
     1  and such license holder shall provide the division  with  such  informa-
     2  tion.  Such  information  shall be limited to the license holder's name,
     3  date of birth, gender, race, residential address, social security number
     4  and  firearms possessed by said license holder. Nothing in this subdivi-
     5  sion shall be construed to change the expiration date or  term  of  such
     6  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
     7  collected for purposes of inclusion in the database established by  this
     8  section  shall  be released pursuant to a court order. Records assembled
     9  or collected for purposes of inclusion in the database created  pursuant
    10  to  section  400.02  of  this chapter shall not be subject to disclosure
    11  pursuant to article six of the public officers law.
    12    (b) Each application for a license pursuant to paragraph (a)  of  this
    13  subdivision  shall  include,  on a separate written form prepared by the
    14  division of state police within thirty days of  the  effective  date  of
    15  [the]  chapter  one of the laws of two thousand thirteen[, which amended
    16  this section,] and provided to the applicant at the same time and in the
    17  same manner as the application for a license,  an  opportunity  for  the
    18  applicant  to  request an exception from his or her application informa-
    19  tion becoming public record pursuant to paragraph (a) of  this  subdivi-
    20  sion.  Such forms, which shall also be made available to individuals who
    21  had applied for or been granted a license prior to the effective date of
    22  [the] chapter one of the laws of two thousand  thirteen  [which  amended
    23  this  section,]  shall  notify  applicants  that, upon discovery that an
    24  applicant knowingly provided false information, such  applicant  may  be
    25  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    26  further, that his or her request for an  exception  shall  be  null  and
    27  void,  provided  that  written  notice  containing such determination is
    28  provided to the applicant. Further, such forms shall provide each appli-
    29  cant an opportunity to specify the grounds on which he or  she  believes
    30  his  or  her  application  information should not be publicly disclosed.
    31  These grounds, which shall be identified on the application with  a  box
    32  beside  each  for checking, as applicable, by the applicant, shall be as
    33  follows:
    34    (i) the applicant's life or safety may  be  endangered  by  disclosure
    35  because:
    36    (A)  the applicant is an active or retired police officer, peace offi-
    37  cer, probation officer, parole officer, or corrections officer;
    38    (B) the applicant is a protected person under a currently valid  order
    39  of protection;
    40    (C) the applicant is or was a witness in a criminal proceeding involv-
    41  ing a criminal charge;
    42    (D)  the  applicant  is  participating or previously participated as a
    43  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    44  or
    45    (E) the applicant is a spouse, domestic partner or household member of
    46  a  person  identified  in this subparagraph or subparagraph (ii) of this
    47  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    48  apply.
    49    (ii) the applicant has reason to believe his or her life or safety may
    50  be endangered by disclosure due to reasons stated by the applicant.
    51    (iii)  the applicant has reason to believe he or she may be subject to
    52  unwarranted harassment upon disclosure of such information.
    53    (c) [Each form provided for recertification pursuant to paragraph  (b)
    54  of  subdivision ten of this section shall include an opportunity for the
    55  applicant to request an exception from the information provided on  such
    56  form  becoming  public record pursuant to paragraph (a) of this subdivi-

        A. 5388                             3

     1  sion. Such forms shall notify applicants that, upon  discovery  that  an
     2  applicant  knowingly  provided  false information, such applicant may be
     3  subject to penalties pursuant to section 175.30  of  this  chapter,  and
     4  further,  that  his  or  her  request for an exception shall be null and
     5  void, provided that written  notice  containing  such  determination  is
     6  provided to the applicant. Further, such forms shall provide each appli-
     7  cant  an opportunity to either decline to request the grant or continua-
     8  tion of an exception, or specify the grounds on which he or she believes
     9  his or her information should not be publicly disclosed. These  grounds,
    10  which  shall be identified in the application with a box beside each for
    11  checking, as applicable, by the applicant, shall be the same as provided
    12  in paragraph (b) of this subdivision.
    13    (d)] Information submitted on the forms described in paragraph (b)  of
    14  this subdivision shall be excepted from disclosure and maintained by the
    15  entity  retaining  such  information  separate  and apart from all other
    16  records.
    17    [(e)] (d) (i) Upon receiving a request for exception from  disclosure,
    18  the  licensing officer shall grant such exception, unless the request is
    19  determined to be null and void, pursuant to paragraph (b)  [or  (c)]  of
    20  this subdivision.
    21    (ii)  A  request  for an exception from disclosure may be submitted at
    22  any time, including after a license or recertification has been granted.
    23    (iii) If an exception is sought and granted pursuant to paragraph  (b)
    24  of  this  subdivision,  the  application information shall not be public
    25  record, unless the request is determined to be null  and  void.  [If  an
    26  exception is sought and granted pursuant to paragraph (c) of this subdi-
    27  vision,  the  information  concerning  such  recertification application
    28  shall not be public record, unless the request is determined to be  null
    29  and void.]
    30    [(f)]  (e)  The  information  of licensees or applicants for a license
    31  shall not be disclosed to the public during the first one hundred twenty
    32  days following the effective date of [the] chapter one of  the  laws  of
    33  two thousand thirteen[, which amended this section].  After such period,
    34  the  information  of those who had applied for or been granted a license
    35  prior to the preparation of the form for requesting an exception, pursu-
    36  ant to paragraph (b) of this subdivision, may be released only  if  such
    37  individuals  did  not  file  a  request for such an exception during the
    38  first sixty days following such preparation; provided, however, that  no
    39  information contained in an application for licensure or recertification
    40  shall  be  disclosed  by an entity that has not completed processing any
    41  such requests received during such sixty days.
    42    [(g)] (f) If a request for an exception is determined to be  null  and
    43  void  pursuant  to paragraph (b) [or (c)] of this subdivision, an appli-
    44  cant may request review of such determination pursuant to article seven-
    45  ty-eight of the civil practice [laws] law  and  rules.  Such  proceeding
    46  must  commence  within  thirty  days after service of the written notice
    47  containing the adverse determination. Notice of the  right  to  commence
    48  such  a petition, and the time period therefor, shall be included in the
    49  notice of the determination. Disclosure following such a petition  shall
    50  not be made prior to the disposition of such review.
    51    10.  License: expiration, certification and renewal. [(a)] Any license
    52  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    53  license  to  carry  or  possess a pistol or revolver, issued at any time
    54  pursuant to this section or prior to the first  day  of  July,  nineteen
    55  hundred  sixty-three  and not limited to expire on an earlier date fixed
    56  in the license, shall expire not more than three years after the date of

        A. 5388                             4
 
     1  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
     2  license  to  carry  or  possess a pistol or revolver, issued at any time
     3  pursuant to this section or prior to the first  day  of  July,  nineteen
     4  hundred  sixty-three  and not limited to expire on an earlier date fixed
     5  in the license, shall expire not more than five years after the date  of
     6  issuance;  however, in the county of Westchester, any such license shall
     7  be certified prior to the first day of April, two thousand,  in  accord-
     8  ance  with  a schedule to be contained in regulations promulgated by the
     9  commissioner of the division of criminal  justice  services,  and  every
    10  such  license  shall  be  recertified  every  five years thereafter. For
    11  purposes of this section certification  shall  mean  that  the  licensee
    12  shall  provide  to the licensing officer the following information only:
    13  current name, date of birth, current address, and the make, model, cali-
    14  ber and serial number of all firearms currently possessed. Such  certif-
    15  ication  information shall be filed by the licensing officer in the same
    16  manner as an amendment. Elsewhere than in the city of New York  and  the
    17  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    18  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    19  section  or prior to the first day of July, nineteen hundred sixty-three
    20  and not previously revoked or cancelled, shall be in  force  and  effect
    21  until  revoked  as herein provided. Any license not previously cancelled
    22  or revoked shall remain in full force and effect for thirty days  beyond
    23  the  stated  expiration date on such license. Any application to renew a
    24  license that has not previously expired, been revoked or cancelled shall
    25  thereby extend the term of the license until disposition of the applica-
    26  tion by the licensing officer. In the case of a license for gunsmith  or
    27  dealer  in  firearms,  in  counties having a population of less than two
    28  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    29  submitted  on  original applications and upon renewal thereafter only at
    30  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
    31  original  license has been despoiled, lost or otherwise removed from the
    32  possession of the licensee and upon application containing an additional
    33  photograph of the licensee, the licensing officer shall issue  a  dupli-
    34  cate license.
    35    [(b)  All  licensees  shall  be  recertified  to the division of state
    36  police every five years thereafter. Any license issued before the effec-
    37  tive date of the chapter of the laws  of  two  thousand  thirteen  which
    38  added  this  paragraph shall be recertified by the licensee on or before
    39  January thirty-first, two thousand eighteen, and not less than one  year
    40  prior  to such date, the state police shall send a notice to all license
    41  holders who have not recertified  by  such  time.  Such  recertification
    42  shall  be  in  a form as approved by the superintendent of state police,
    43  which shall request the license holder's name, date  of  birth,  gender,
    44  race, residential address, social security number, firearms possessed by
    45  such  license  holder, email address at the option of the license holder
    46  and an affirmation that such  license  holder  is  not  prohibited  from
    47  possessing  firearms. The form may be in an electronic form if so desig-
    48  nated by the superintendent of state police. Failure to recertify  shall
    49  act  as  a  revocation  of  such  license.  If the New York state police
    50  discover as a result of the  recertification  process  that  a  licensee
    51  failed  to  provide a change of address, the New York state police shall
    52  not require the licensing officer to revoke such license.]
    53    § 2. This act shall take effect immediately.
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