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A09388 Text:



 
                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.
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