Relates to pistol permit privacy and makes all personal information regarding pistol or revolver licensees confidential except to law enforcement agencies and to individuals requesting information about a named individual.
STATE OF NEW YORK
________________________________________________________________________
9388
IN ASSEMBLY
February 24, 2012
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to pistol permit privacy
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 332 of the laws of 1994, is 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 The name and address of any person to whom an application for any
13 license has been granted shall be [a public record] confidential and
14 shall not be made available except as set forth in paragraph (b) of this
15 subdivision. Upon application by a licensee who has changed his place
16 of residence such records or applications shall be transferred to the
17 appropriate officer at the licensee's new place of residence. A dupli-
18 cate copy of such application shall be filed by the licensing officer in
19 the executive department, division of state police, Albany, within ten
20 days after issuance of the license. Nothing in this subdivision shall be
21 construed to change the expiration date or term of such licenses if
22 otherwise provided for in law.
23 (b) The division of state police shall maintain an automated listing
24 of every license holder issued a license for a pistol or revolver pursu-
25 ant to this section. Such listing shall be made available, upon request,
26 provided, that:
27 (i) only requests relating to a named licensee shall be honored or
28 made available online; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05965-05-1
A. 9388 2
1 (ii) a request for the entire list of licensees, or for all licensees
2 in a geographic area, shall be denied, except to any law enforcement
3 agency or any entity acting on behalf of or providing services to any
4 law enforcement agency.
5 For the purposes of this subdivision, the term "law enforcement agen-
6 cy" shall mean the division of state police, any New York state county
7 sheriff's department, any police department of any city, village or town
8 within New York state, the police force of any New York state authority
9 or agency, the state police force of any other state, any federal law
10 enforcement agency and any district attorney office in New York state.
11 § 2. This act shall take effect immediately.
