A08212 Summary:

BILL NOA08212
 
SAME ASSAME AS S05694
 
SPONSORLupardo
 
COSPNSRBrindisi, Skoufis
 
MLTSPNSR
 
Amd S400.00, Pen L
 
Relates to the filing of approved applications for licenses for the possession of firearms.
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A08212 Actions:

BILL NOA08212
 
06/11/2015referred to codes
01/06/2016referred to codes
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A08212 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8212
 
SPONSOR: Lupardo (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to the filing of approved applications for licenses to carry, possess, repair and dispose of firearms   PURPOSE: This bill amends the penal law to state that pistol permit applications and the supporting records are not public records and are not subject to FOIL, but certain statistical data is still available for release.   SUMMARY OF PROVISIONS: Section 1 amends Penal Law 400.00(5) to require that pistol permit applications and the supporting records are not public records and are not subject to FOIL. This section also removes all the opt-out provisions and changes the repository of such information from The State Police to the Division of Criminal Justice Services. Additionally, this Bill permits the release of statistical data about permit holders on a county by county basis but requires no identifying information about a registrant be disclosed. Section 2 states that this act shall take effect the first of November next succeeding the date on which it shall have become a law.   EXISTING LAW: Under current law, the name and address of an approved applicant for a firearms license is a public record and subject to Freedom of Informa- tion Law requests.   JUSTIFICATION: This bill is one in a series of proposed reforms to the SAFE Act. As we continue to work towards ameliorating unreasonable provisions of the SAFE Act, those provisions which are most onerous to law abiding citi- zens need to be addressed immediately. Pistol Permit holders should not have to take affirmative steps to protect their personal information that is on file New York State in order for such information to be kept confidential. This Bill requires the State to keep such information confidential and not subject to release through Foil application.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect the first of November neat succeeding the date on which it shall have become a law.
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A08212 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8212
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 11, 2015
                                       ___________
 
        Introduced  by  M.  of A. LUPARDO, BRINDISI -- read once and referred to
          the Committee on Codes
 
        AN ACT to amend the penal law, in relation to  the  filing  of  approved
          applications  for  licenses  to  carry, possess, repair and dispose of
          firearms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  5  of  section  400.00  of the penal law, as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3    5. Filing of approved applications.  [(a)]  The  application  for  any
     4  license,  if  granted,  shall be filed by the licensing officer with the
     5  clerk of the county of issuance, except that in the  city  of  New  York
     6  and,  in the counties of Nassau and Suffolk, the licensing officer shall
     7  designate the place of filing in the  appropriate  division,  bureau  or
     8  unit  of the police department thereof, and in the county of Suffolk the
     9  county clerk is hereby authorized to transfer all  records  or  applica-
    10  tions  relating  to  firearms to the licensing authority of that county.
    11  [Except as provided in paragraphs (b) through (f) of  this  subdivision,
    12  the  name  and  address]  The  application  and  any supporting records,
    13  including any information contained therein, of any person  to  whom  an
    14  application  for  any  license  has  been  granted shall not be a public
    15  record and shall not be subject to disclosure pursuant to article six of
    16  the public officers law. Upon application by a licensee who has  changed
    17  his  or  her  place  of  residence such records or applications shall be
    18  transferred to the appropriate officer at the licensee's  new  place  of
    19  residence.  A  duplicate  copy of such application shall be filed by the
    20  licensing officer  in  the  executive  department,  division  of  [state
    21  police]  criminal  justice services, Albany, within ten days after issu-
    22  ance of the license. The [superintendent] commissioner of [state police]
    23  criminal justice services may designate that such application  shall  be
    24  transmitted  to the division of [state police] criminal justice services
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11195-01-5

        A. 8212                             2
 
     1  electronically. In the event the [superintendent]  commissioner  of  the
     2  division  of [state police] criminal justice services determines that it
     3  lacks any of the records required to be filed with the division, it  may
     4  request  that  such  records be provided to it by the appropriate clerk,
     5  department or authority and such clerk, department  or  authority  shall
     6  provide the division with such records. In the event such clerk, depart-
     7  ment  or  authority  lacks  such  records,  the division may request the
     8  license holder provide information sufficient to constitute such  record
     9  and  such  license  holder shall provide the division with such informa-
    10  tion. Such information shall be limited to the  license  holder's  name,
    11  date of birth, gender, race, residential address, social security number
    12  and  firearms possessed by said license holder. Nothing in this subdivi-
    13  sion shall be construed to change the expiration date or  term  of  such
    14  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    15  collected for purposes of inclusion in the database established by  this
    16  section  shall  be released pursuant to a court order. Records assembled
    17  or collected for purposes of inclusion in the database created  pursuant
    18  to  section  400.02  of  this  [chapter] article shall not be subject to
    19  disclosure pursuant to article six of the  public  officers  law  except
    20  that  the  total number of persons registered in any county of the state
    21  may be disclosed without  any  other  identifying  information  about  a
    22  registrant.
    23    [(b)  Each application for a license pursuant to paragraph (a) of this
    24  subdivision shall include, on a separate written form  prepared  by  the
    25  division of state police within thirty days of the effective date of the
    26  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
    27  section, and provided to the applicant at the same time and in the  same
    28  manner  as  the application for a license, an opportunity for the appli-
    29  cant to request an exception from his  or  her  application  information
    30  becoming  public  record  pursuant to paragraph (a) of this subdivision.
    31  Such forms, which shall also be made available to  individuals  who  had
    32  applied for or been granted a license prior to the effective date of the
    33  chapter of the laws of two thousand thirteen which amended this section,
    34  shall notify applicants that, upon discovery that an applicant knowingly
    35  provided  false  information, such applicant may be subject to penalties
    36  pursuant to section 175.30 of this chapter, and further, that his or her
    37  request for an exception shall be null and void, provided  that  written
    38  notice  containing  such  determination  is  provided  to the applicant.
    39  Further, such forms shall provide each applicant an opportunity to spec-
    40  ify the grounds on which he or  she  believes  his  or  her  application
    41  information should not be publicly disclosed. These grounds, which shall
    42  be identified on the application with a box beside each for checking, as
    43  applicable, by the applicant, shall be as follows:
    44    (i)  the  applicant's  life  or safety may be endangered by disclosure
    45  because:
    46    (A) the applicant is an active or retired police officer, peace  offi-
    47  cer, probation officer, parole officer, or corrections officer;
    48    (B)  the applicant is a protected person under a currently valid order
    49  of protection;
    50    (C) the applicant is or was a witness in a criminal proceeding involv-
    51  ing a criminal charge;
    52    (D) the applicant is participating or  previously  participated  as  a
    53  juror  in  a criminal proceeding, or is or was a member of a grand jury;
    54  or
    55    (E) the applicant is a spouse, domestic partner or household member of
    56  a person identified in this subparagraph or subparagraph  (ii)  of  this

        A. 8212                             3

     1  paragraph,  specifying  which  subparagraph or subparagraphs and clauses
     2  apply.
     3    (ii) the applicant has reason to believe his or her life or safety may
     4  be endangered by disclosure due to reasons stated by the applicant.
     5    (iii)  the applicant has reason to believe he or she may be subject to
     6  unwarranted harassment upon disclosure of such information.
     7    (c) Each form provided for recertification pursuant to  paragraph  (b)
     8  of  subdivision ten of this section shall include an opportunity for the
     9  applicant to request an exception from the information provided on  such
    10  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    11  sion. Such forms shall notify applicants that, upon  discovery  that  an
    12  applicant  knowingly  provided  false information, such applicant may be
    13  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    14  further,  that  his  or  her  request for an exception shall be null and
    15  void, provided that written  notice  containing  such  determination  is
    16  provided to the applicant. Further, such forms shall provide each appli-
    17  cant  an opportunity to either decline to request the grant or continua-
    18  tion of an exception, or specify the grounds on which he or she believes
    19  his or her information should not be publicly disclosed. These  grounds,
    20  which  shall be identified in the application with a box beside each for
    21  checking, as applicable, by the applicant, shall be the same as provided
    22  in paragraph (b) of this subdivision.
    23    (d) Information submitted on the forms described in paragraph  (b)  of
    24  this subdivision shall be excepted from disclosure and maintained by the
    25  entity  retaining  such  information  separate  and apart from all other
    26  records.
    27    (e) (i) Upon receiving a request for exception  from  disclosure,  the
    28  licensing  officer  shall  grant  such  exception, unless the request is
    29  determined to be null and void, pursuant to paragraph (b) or (c) of this
    30  subdivision.
    31    (ii) A request for an exception from disclosure may  be  submitted  at
    32  any time, including after a license or recertification has been granted.
    33    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    34  of this subdivision, the application information  shall  not  be  public
    35  record,  unless  the  request  is  determined to be null and void. If an
    36  exception is sought and granted pursuant to paragraph (c) of this subdi-
    37  vision, the  information  concerning  such  recertification  application
    38  shall  not be public record, unless the request is determined to be null
    39  and void.
    40    (f) The information of licensees or applicants for a license shall not
    41  be disclosed to the public during the  first  one  hundred  twenty  days
    42  following  the effective date of the chapter of the laws of two thousand
    43  thirteen, which amended this section. After such period, the information
    44  of those who had applied for or been granted  a  license  prior  to  the
    45  preparation  of  the form for requesting an exception, pursuant to para-
    46  graph (b) of this subdivision, may be released only if such  individuals
    47  did not file a request for such an exception during the first sixty days
    48  following  such  preparation;  provided,  however,  that  no information
    49  contained in an application for licensure or  recertification  shall  be
    50  disclosed  by  an  entity  that  has  not  completed processing any such
    51  requests received during such sixty days.
    52    (g) If a request for an exception is determined to be  null  and  void
    53  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    54  request review of such determination pursuant to  article  seventy-eight
    55  of  the  civil  practice  laws  and rules. Such proceeding must commence
    56  within thirty days after service of the written  notice  containing  the

        A. 8212                             4

     1  adverse  determination. Notice of the right to commence such a petition,
     2  and the time period therefor, shall be included in  the  notice  of  the
     3  determination.  Disclosure  following  such a petition shall not be made
     4  prior to the disposition of such review.]
     5    §  2. This act shall take effect the first of November next succeeding
     6  the date on which it shall have become a law.
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