|SAME AS||SAME AS S05694|
|Amd S400.00, Pen L|
|Relates to the filing of approved applications for licenses for the possession of firearms.|
|06/11/2015||referred to codes|
|01/06/2016||referred to codes|
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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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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 [ state21 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. LBD11195-01-5A. 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 this24 subdivision shall include, on a separate written form prepared by the25 division of state police within thirty days of the effective date of the26 chapter of the laws of two thousand thirteen, which amended this27 section, and provided to the applicant at the same time and in the same28 manner as the application for a license, an opportunity for the appli-29 cant to request an exception from his or her application information30 becoming public record pursuant to paragraph (a) of this subdivision.31 Such forms, which shall also be made available to individuals who had32 applied for or been granted a license prior to the effective date of the33 chapter of the laws of two thousand thirteen which amended this section,34 shall notify applicants that, upon discovery that an applicant knowingly35 provided false information, such applicant may be subject to penalties36 pursuant to section 175.30 of this chapter, and further, that his or her37 request for an exception shall be null and void, provided that written38 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 application41 information should not be publicly disclosed. These grounds, which shall42 be identified on the application with a box beside each for checking, as43 applicable, by the applicant, shall be as follows:44 (i) the applicant's life or safety may be endangered by disclosure45 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 order49 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 a53 juror in a criminal proceeding, or is or was a member of a grand jury;54 or55 (E) the applicant is a spouse, domestic partner or household member of56 a person identified in this subparagraph or subparagraph (ii) of thisA. 8212 3 1 paragraph, specifying which subparagraph or subparagraphs and clauses2 apply.3 (ii) the applicant has reason to believe his or her life or safety may4 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 to6 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 the9 applicant to request an exception from the information provided on such10 form becoming public record pursuant to paragraph (a) of this subdivi-11 sion. Such forms shall notify applicants that, upon discovery that an12 applicant knowingly provided false information, such applicant may be13 subject to penalties pursuant to section 175.30 of this chapter, and14 further, that his or her request for an exception shall be null and15 void, provided that written notice containing such determination is16 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 believes19 his or her information should not be publicly disclosed. These grounds,20 which shall be identified in the application with a box beside each for21 checking, as applicable, by the applicant, shall be the same as provided22 in paragraph (b) of this subdivision.23 (d) Information submitted on the forms described in paragraph (b) of24 this subdivision shall be excepted from disclosure and maintained by the25 entity retaining such information separate and apart from all other26 records.27 (e) (i) Upon receiving a request for exception from disclosure, the28 licensing officer shall grant such exception, unless the request is29 determined to be null and void, pursuant to paragraph (b) or (c) of this30 subdivision.31 (ii) A request for an exception from disclosure may be submitted at32 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 public35 record, unless the request is determined to be null and void. If an36 exception is sought and granted pursuant to paragraph (c) of this subdi-37 vision, the information concerning such recertification application38 shall not be public record, unless the request is determined to be null39 and void.40 (f) The information of licensees or applicants for a license shall not41 be disclosed to the public during the first one hundred twenty days42 following the effective date of the chapter of the laws of two thousand43 thirteen, which amended this section. After such period, the information44 of those who had applied for or been granted a license prior to the45 preparation of the form for requesting an exception, pursuant to para-46 graph (b) of this subdivision, may be released only if such individuals47 did not file a request for such an exception during the first sixty days48 following such preparation; provided, however, that no information49 contained in an application for licensure or recertification shall be50 disclosed by an entity that has not completed processing any such51 requests received during such sixty days.52 (g) If a request for an exception is determined to be null and void53 pursuant to paragraph (b) or (c) of this subdivision, an applicant may54 request review of such determination pursuant to article seventy-eight55 of the civil practice laws and rules. Such proceeding must commence56 within thirty days after service of the written notice containing theA. 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 the3 determination. Disclosure following such a petition shall not be made4 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.