STATE OF NEW YORK
________________________________________________________________________
879--C
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
___________
Introduced by Sens. ORTT, AKSHAR, AMEDORE, BONACIC, FUNKE, GALLIVAN,
GRIFFO, HELMING, LARKIN, MARCHIONE, RANZENHOFER, RITCHIE, SEWARD,
TEDISCO, YOUNG -- read twice and ordered printed, and when printed to
be committed to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the criminal procedure law, the family court act, the
domestic relations law, the general business law, the judiciary law,
the mental hygiene law, the penal law and the surrogate's court proce-
dure act, in relation to limiting the application of certain
provisions of law relating to firearms to the counties of Kings,
Queens, Richmond, New York and Bronx; and to repeal section 400.02 of
the penal law relating to the statewide license and record database
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
2 law, as added by chapter 1 of the laws of 2013, is amended to read as
3 follows:
4 2-a. Firearm, rifle or shotgun surrender order in certain counties.
5 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
6 upon entry of a verdict of not responsible by reason of mental disease
7 or defect, or upon the acceptance of a plea of not responsible by reason
8 of mental disease or defect, or upon a finding that the defendant is an
9 incapacitated person pursuant to article seven hundred thirty of this
10 chapter, the court shall revoke the defendant's firearm license, if any,
11 inquire of the defendant as to the existence and location of any
12 firearm, rifle or shotgun owned or possessed by such defendant and
13 direct the surrender of such firearm, rifle or shotgun pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04769-07-7
S. 879--C 2
1 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
2 subdivision six of section 400.05 of the penal law.
3 § 2. Section 380.96 of the criminal procedure law, as added by chapter
4 1 of the laws of 2013, is amended to read as follows:
5 § 380.96 Obligation of sentencing court in certain counties pursuant to
6 article four hundred of the penal law.
7 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
8 upon judgment of conviction of any offense which would require the
9 seizure of firearms, shotguns or rifles from an individual so convicted,
10 and the revocation of any license or registration issued pursuant to
11 article four hundred of the penal law, the judge pronouncing sentence
12 shall demand surrender of any such license or registration and all
13 firearms, shotguns and rifles. The failure to so demand surrender shall
14 not effect the validity of any revocation pursuant to article four
15 hundred of the penal law.
16 § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
17 as amended by chapter 1 of the laws of 2013, are amended to read as
18 follows:
19 1. [Suspension] Mandatory and permissive suspension of firearms
20 license and ineligibility for such a license upon the issuance of a
21 temporary order of protection. Whenever a temporary order of protection
22 is issued pursuant to section eight hundred twenty-eight of this arti-
23 cle, or in the counties of Kings, Queens, Richmond, New York and Bronx,
24 pursuant to article four, five, six, seven or ten of this act:
25 (a) the court shall suspend any such existing license possessed by the
26 respondent, order the respondent ineligible for such a license, and
27 order the immediate surrender [pursuant to subparagraph (f) of paragraph
28 one of subdivision a of section 265.20 and subdivision six of section
29 400.05 of the penal law,] of any or all firearms owned or possessed
30 where the court receives information that gives the court good cause to
31 believe that: (i) the respondent has a prior conviction of any violent
32 felony offense as defined in section 70.02 of the penal law; (ii) the
33 respondent has previously been found to have willfully failed to obey a
34 prior order of protection and such willful failure involved (A) the
35 infliction of physical injury, as defined in subdivision nine of section
36 10.00 of the penal law, (B) the use or threatened use of a deadly weapon
37 or dangerous instrument as those terms are defined in subdivisions
38 twelve and thirteen of section 10.00 of the penal law, or (C) behavior
39 constituting any violent felony offense as defined in section 70.02 of
40 the penal law; or (iii) the respondent has a prior conviction for stalk-
41 ing in the first degree as defined in section 120.60 of the penal law,
42 stalking in the second degree as defined in section 120.55 of the penal
43 law, stalking in the third degree as defined in section 120.50 of the
44 penal law or stalking in the fourth degree as defined in section 120.45
45 of such law; and
46 (b) the court may and, in the counties of Kings, Queens, Richmond, New
47 York and Bronx, shall where the court finds a substantial risk that the
48 respondent may use or threaten to use a firearm unlawfully against the
49 person or persons for whose protection the temporary order of protection
50 is issued, suspend any such existing license possessed by the respond-
51 ent, order the respondent ineligible for such a license, and order the
52 immediate surrender [pursuant to subparagraph (f) of paragraph one of
53 subdivision a of section 265.20 and subdivision six of section 400.05 of
54 the penal law,] of any or all firearms owned or possessed.
55 2. [Revocation] Mandatory and permissive revocation or suspension of
56 firearms license and ineligibility for such a license upon the issuance
S. 879--C 3
1 of an order of protection. Whenever an order of protection is issued
2 pursuant to section eight hundred forty-one of this part, or in the
3 county of Kings, Queens, Richmond, New York or Bronx, pursuant to arti-
4 cle four, five, six, seven or ten of this act:
5 (a) the court shall revoke any such existing license possessed by the
6 respondent, order the respondent ineligible for such a license, and
7 order the immediate surrender [pursuant to subparagraph (f) of paragraph
8 one of subdivision a of section 265.20 and subdivision six of section
9 400.05 of the penal law,] of any or all firearms owned or possessed
10 where the court finds that the conduct which resulted in the issuance of
11 the order of protection involved (i) the infliction of serious physical
12 injury, as defined in subdivision [nine] ten of section 10.00 of the
13 penal law, (ii) the use or threatened use of a deadly weapon or danger-
14 ous instrument as those terms are defined in subdivisions twelve and
15 thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
16 ing any violent felony offense as defined in section 70.02 of the penal
17 law; and
18 (b) the court may and, in the counties of Kings, Queens, Richmond, New
19 York and Bronx, shall, where the court finds a substantial risk that the
20 respondent may use or threaten to use a firearm unlawfully against the
21 person or persons for whose protection the order of protection is
22 issued, (i) revoke any such existing license possessed by the respond-
23 ent, order the respondent ineligible for such a license and order the
24 immediate surrender [pursuant to subparagraph (f) of paragraph one of
25 subdivision a of section 265.20 and subdivision six of section 400.05 of
26 the penal law,] of any or all firearms owned or possessed or (ii)
27 suspend or continue to suspend any such existing license possessed by
28 the respondent, order the respondent ineligible for such a license, and
29 order the immediate surrender [pursuant to subparagraph (f) of paragraph
30 one of subdivision a of section 265.20 and subdivision six of section
31 400.05 of the penal law,] of any or all firearms owned or possessed.
32 3. [Revocation] Mandatory and permissive revocation or suspension of
33 firearms license and ineligibility for such a license upon a finding of
34 a willful failure to obey an order of protection or, in the county of
35 Kings, Queens, Richmond, New York or Bronx, temporary order of
36 protection. Whenever a respondent has been found, pursuant to section
37 eight hundred forty-six-a of this part to have willfully failed to obey
38 an order of protection or temporary order of protection issued [pursuant
39 to this act or the domestic relations law, or] by this court or by a
40 court of competent jurisdiction in another state, territorial or tribal
41 jurisdiction, in addition to any other remedies available pursuant to
42 section eight hundred forty-six-a of this part:
43 (a) the court shall revoke any such existing license possessed by the
44 respondent, order the respondent ineligible for such a license, and
45 order the immediate surrender [pursuant to subparagraph (f) of paragraph
46 one of subdivision a of section 265.20 and subdivision six of section
47 400.05 of the penal law,] of any or all firearms owned or possessed
48 where the willful failure to obey such order involves (i) the infliction
49 of serious physical injury, as defined in subdivision [nine] ten of
50 section 10.00 of the penal law, (ii) the use or threatened use of a
51 deadly weapon or dangerous instrument as those terms are defined in
52 subdivisions twelve and thirteen of section 10.00 of the penal law, or
53 (iii) behavior constituting any violent felony offense as defined in
54 section 70.02 of the penal law; or (iv) behavior constituting stalking
55 in the first degree as defined in section 120.60 of the penal law,
56 stalking in the second degree as defined in section 120.55 of the penal
S. 879--C 4
1 law, stalking in the third degree as defined in section 120.50 of the
2 penal law or stalking in the fourth degree as defined in section 120.45
3 of such law; and
4 (b) the court may and, in the counties of Kings, Queens, Richmond, New
5 York and Bronx, shall where the court finds a substantial risk that the
6 respondent may use or threaten to use a firearm unlawfully against the
7 person or persons for whose protection the order of protection was
8 issued, (i) revoke any such existing license possessed by the respond-
9 ent, order the respondent ineligible for such a license, whether or not
10 the respondent possesses such a license, and order the immediate surren-
11 der [pursuant to subparagraph (f) of paragraph one of subdivision a of
12 section 265.20 and subdivision six of section 400.05 of the penal law,]
13 of any or all firearms owned or possessed or (ii) suspend any such
14 existing license possessed by the respondent, order the respondent inel-
15 igible for such a license, and order the immediate surrender of any or
16 all firearms owned or possessed.
17 § 4. Section 846-a of the family court act, as amended by chapter 1 of
18 the laws of 2013, is amended to read as follows:
19 § 846-a. Powers on failure to obey order. If a respondent is brought
20 before the court for failure to obey any lawful order issued under this
21 article or an order of protection or, in the county of Kings, Queens,
22 Richmond, New York or Bronx, temporary order of protection issued
23 [pursuant to this act or issued] by a court of competent jurisdiction of
24 another state, territorial or tribal jurisdiction and if, after hearing,
25 the court is satisfied by competent proof that the respondent has will-
26 fully failed to obey any such order, the court may modify an existing
27 order or, in the county of Kings, Queens, Richmond, New York or Bronx,
28 temporary order of protection to add reasonable conditions of behavior
29 to the existing order, make a new order of protection in accordance with
30 section eight hundred forty-two of this part, may order the forfeiture
31 of bail in a manner consistent with article five hundred forty of the
32 criminal procedure law if bail has been ordered pursuant to this act,
33 may order the respondent to pay the petitioner's reasonable and neces-
34 sary counsel fees in connection with the violation petition where the
35 court finds that the violation of its order was willful, and may commit
36 the respondent to jail for a term not to exceed six months. Such commit-
37 ment may be served upon certain specified days or parts of days as the
38 court may direct, and the court may, at any time within the term of such
39 sentence, revoke such suspension and commit the respondent for the
40 remainder of the original sentence, or suspend the remainder of such
41 sentence. If the court determines that the willful failure to obey such
42 order involves violent behavior constituting the crimes of menacing,
43 reckless endangerment, assault or attempted assault and if such a
44 respondent is licensed to carry, possess, repair and dispose of firearms
45 pursuant to section 400.00 of the penal law, the court may also imme-
46 diately revoke such license and may arrange for the immediate surrender
47 [pursuant to subparagraph (f) of paragraph one of subdivision a of
48 section 265.20 and subdivision six of section 400.05 of the penal law,]
49 and disposal of any firearm such respondent owns or possesses. If the
50 willful failure to obey such order involves the infliction of serious
51 physical injury as defined in subdivision [nine] ten of section 10.00 of
52 the penal law or the use or threatened use of a deadly weapon or danger-
53 ous instrument, as those terms are defined in subdivisions twelve and
54 thirteen of section 10.00 of the penal law, such revocation and immedi-
55 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
56 sion a of section 265.20 and subdivision six of section 400.05 of the
S. 879--C 5
1 penal law six] and disposal of any firearm owned or possessed by
2 respondent shall be mandatory, pursuant to subdivision eleven of section
3 400.00 of the penal law.
4 § 5. Section 446-a of the family court act, as added by chapter 1 of
5 the laws of 2013, is amended to read as follows:
6 § 446-a. Firearms; surrender and license suspension, revocation and
7 ineligibility; certain counties. [Upon] In the counties of Kings,
8 Queens, Richmond, New York and Bronx, upon the issuance of an order of
9 protection or temporary order of protection, or upon a violation of such
10 order, the court shall make a determination regarding the suspension and
11 revocation of a license to carry, possess, repair or dispose of a
12 firearm or firearms, ineligibility for such a license and the surrender
13 of firearms in accordance with section eight hundred forty-two-a of this
14 act.
15 § 6. Section 552 of the family court act, as added by chapter 1 of the
16 laws of 2013, is amended to read as follows:
17 § 552. Firearms; surrender and license suspension, revocation and
18 ineligibility; certain counties. [Upon] In the counties of Kings,
19 Queens, Richmond, New York and Bronx, upon the issuance of an order of
20 protection or temporary order of protection, or upon a violation of such
21 order, the court shall make a determination regarding the suspension and
22 revocation of a license to carry, possess, repair or dispose of a
23 firearm or firearms, ineligibility for such a license and the surrender
24 of firearms in accordance with section eight hundred forty-two-a of this
25 act.
26 § 7. Section 656-a of the family court act, as added by chapter 1 of
27 the laws of 2013, is amended to read as follows:
28 § 656-a. Firearms; surrender and license suspension, revocation and
29 ineligibility; certain counties. [Upon] In the counties of Kings,
30 Queens, Richmond, New York and Bronx, upon the issuance of an order of
31 protection or temporary order of protection, or upon a violation of such
32 order, the court shall make a determination regarding the suspension and
33 revocation of a license to carry, possess, repair or dispose of a
34 firearm or firearms, ineligibility for such a license and the surrender
35 of firearms in accordance with section eight hundred forty-two-a of this
36 act.
37 § 8. Section 780-a of the family court act, as added by chapter 1 of
38 the laws of 2013, is amended to read as follows:
39 § 780-a. Firearms; surrender and license suspension, revocation and
40 ineligibility; certain counties. [Upon] In the counties of Kings,
41 Queens, Richmond, New York and Bronx, upon the issuance of an order of
42 protection or temporary order of protection, or upon a violation of such
43 order, the court shall make a determination regarding the suspension and
44 revocation of a license to carry, possess, repair or dispose of a
45 firearm or firearms, ineligibility for such a license and the surrender
46 of firearms in accordance with section eight hundred forty-two-a of this
47 act.
48 § 9. Section 1056-a of the family court act, as added by chapter 1 of
49 the laws of 2013, is amended to read as follows:
50 § 1056-a. Firearms; surrender and license suspension, revocation and
51 ineligibility; certain counties. [Upon] In the counties of Kings,
52 Queens, Richmond, New York and Bronx, upon the issuance of an order of
53 protection or temporary order of protection, or upon a violation of such
54 order, the court shall make an order in accordance with section eight
55 hundred forty-two-a of this act.
S. 879--C 6
1 § 10. Paragraph h of subdivision 3 of section 240 of the domestic
2 relations law, as amended by chapter 1 of the laws of 2013, is amended
3 to read as follows:
4 h. Upon issuance of an order of protection or temporary order of
5 protection or upon a violation of such order, the court may and, in the
6 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
7 determination regarding the suspension and revocation of a license to
8 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
9 ity for such a license and the surrender of firearms in accordance with
10 sections eight hundred forty-two-a and eight hundred forty-six-a of the
11 family court act, as applicable. Upon issuance of an order of protection
12 pursuant to this section or upon a finding of a violation thereof, the
13 court also may direct payment of restitution in an amount not to exceed
14 ten thousand dollars in accordance with subdivision (e) of section eight
15 hundred forty-one of such act; provided, however, that in no case shall
16 an order of restitution be issued where the court determines that the
17 party against whom the order would be issued has already compensated the
18 injured party or where such compensation is incorporated in a final
19 judgment or settlement of the action.
20 § 11. Subdivision 9 of section 252 of the domestic relations law, as
21 amended by chapter 1 of the laws of 2013, is amended to read as follows:
22 9. Upon issuance of an order of protection or temporary order of
23 protection or upon a violation of such order, the court may and, in the
24 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
25 determination regarding the suspension and revocation of a license to
26 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
27 ity for such a license and the surrender of firearms in accordance with
28 sections eight hundred forty-two-a and eight hundred forty-six-a of the
29 family court act, as applicable. Upon issuance of an order of protection
30 pursuant to this section or upon a finding of a violation thereof, the
31 court also may direct payment of restitution in an amount not to exceed
32 ten thousand dollars in accordance with subdivision (e) of section eight
33 hundred forty-one of such act; provided, however, that in no case shall
34 an order of restitution be issued where the court determines that the
35 party against whom the order would be issued has already compensated the
36 injured party or where such compensation is incorporated in a final
37 judgment or settlement of the action.
38 § 12. The opening paragraph and paragraph (b) of subdivision 1 of
39 section 530.14 of the criminal procedure law, as amended by chapter 1 of
40 the laws of 2013, are amended to read as follows:
41 [Suspension] Mandatory and permissive suspension of firearms license
42 and ineligibility for such a license upon issuance of temporary order of
43 protection. Whenever a temporary order of protection is issued pursuant
44 to subdivision one of section 530.12 or subdivision one of section
45 530.13 of this article:
46 (b) the court may and, in the counties of Kings, Queens, Richmond, New
47 York and Bronx, shall where the court finds a substantial risk that the
48 defendant may use or threaten to use a firearm unlawfully against the
49 person or persons for whose protection the temporary order of protection
50 is issued, suspend any such existing license possessed by the defendant,
51 order the defendant ineligible for such a license and order the immedi-
52 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
53 sion a of section 265.20 and subdivision six of section 400.05 of the
54 penal law,] of any or all firearms owned or possessed.
S. 879--C 7
1 § 13. The opening paragraph and paragraph (b) of subdivision 2 of
2 section 530.14 of the criminal procedure law, as amended by chapter 1 of
3 the laws of 2013, are amended to read as follows:
4 [Revocation] Mandatory and permissive revocation or suspension of
5 firearms license and ineligibility for such a license upon issuance of
6 an order of protection. Whenever an order of protection is issued pursu-
7 ant to subdivision five of section 530.12 or subdivision four of section
8 530.13 of this article:
9 (b) the court may and, in the counties of Kings, Queens, Richmond, New
10 York and Bronx, shall where the court finds a substantial risk that the
11 defendant may use or threaten to use a firearm unlawfully against the
12 person or persons for whose protection the order of protection is
13 issued, (i) revoke any such existing license possessed by the defendant,
14 order the defendant ineligible for such a license and order the immedi-
15 ate surrender of any or all firearms owned or possessed or (ii) suspend
16 or continue to suspend any such existing license possessed by the
17 defendant, order the defendant ineligible for such a license and order
18 the immediate surrender [pursuant to subparagraph (f) of paragraph one
19 of subdivision a of section 265.20 and subdivision six of section 400.05
20 of the penal law,] of any or all firearms owned or possessed.
21 § 14. The opening paragraph and paragraph (b) of subdivision 3 of
22 section 530.14 of the criminal procedure law, as amended by chapter 1 of
23 the laws of 2013, are amended to read as follows:
24 [Revocation] Mandatory and permissive revocation or suspension of
25 firearms license and ineligibility for such a license upon a finding of
26 a willful failure to obey an order of protection. Whenever a defendant
27 has been found pursuant to subdivision eleven of section 530.12 or
28 subdivision eight of section 530.13 of this article to have willfully
29 failed to obey an order of protection issued by a court of competent
30 jurisdiction in this state or another state, territorial or tribal
31 jurisdiction, in addition to any other remedies available pursuant to
32 subdivision eleven of section 530.12 or subdivision eight of section
33 530.13 of this article:
34 (b) the court may and, in the counties of Kings, Queens, Richmond, New
35 York and Bronx, shall where the court finds a substantial risk that the
36 defendant may use or threaten to use a firearm unlawfully against the
37 person or persons for whose protection the order of protection was
38 issued, (i) revoke any such existing license possessed by the defendant,
39 order the defendant ineligible for such a license and order the immedi-
40 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
41 sion a of section 265.20 and subdivision six of section 400.05 of the
42 penal law,] of any or all firearms owned or possessed or (ii) suspend
43 any such existing license possessed by the defendant, order the defend-
44 ant ineligible for such a license and order the immediate surrender
45 [pursuant to subparagraph (f) of paragraph one of subdivision a of
46 section 265.20 and subdivision six of section 400.05 of the penal law,]
47 of any or all firearms owned or possessed.
48 § 15. The article heading of article 39-DDD of the general business
49 law, as added by chapter 1 of the laws of 2013, is amended to read as
50 follows:
51 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
52 IN CERTAIN COUNTIES
53 § 16. Subdivision 1 of section 898 of the general business law, as
54 added by chapter 1 of the laws of 2013, is amended to read as follows:
55 1. In addition to any other requirements pursuant to state and federal
56 law, all sales, exchanges or disposals of firearms, rifles or shotguns,
S. 879--C 8
1 in the counties of Kings, Queens, Richmond, New York and Bronx, shall be
2 conducted in accordance with this section unless such sale, exchange or
3 disposal is conducted by a licensed importer, licensed manufacturer or
4 licensed dealer, as those terms are defined in 18 USC § 922, when such
5 sale, exchange or disposal is conducted pursuant to that person's feder-
6 al firearms license or such sale, exchange or disposal is between
7 members of an immediate family. For purposes of this section, "immediate
8 family" shall mean spouses, domestic partners, children and step-chil-
9 dren.
10 § 17. Paragraph (q) of subdivision 2 of section 212 of the judiciary
11 law, as amended by chapter 1 of the laws of 2013, is amended to read as
12 follows:
13 (q) Adopt rules to require transmission, to the criminal justice
14 information services division of the federal bureau of investigation or
15 to the division of criminal justice services, of the name and other
16 identifying information of each person who has a guardian appointed for
17 him or her pursuant to any provision of state law, based on a determi-
18 nation that as a result of marked subnormal intelligence, mental
19 illness, incapacity, condition or disease, he or she lacks the mental
20 capacity to contract or manage his or her own affairs. Any such records,
21 relating to persons residing in the county of Kings, Queens, Richmond,
22 New York or Bronx, transmitted directly to the federal bureau of inves-
23 tigation must also be transmitted to the division of criminal justice
24 services[, and any records received by the division of criminal justice
25 services pursuant to this paragraph may be checked against the statewide
26 license and record database].
27 § 18. Subdivision (j) of section 7.09 of the mental hygiene law, as
28 amended by chapter 1 of the laws of 2013, is amended to read as follows:
29 (j) (1) The commissioner, in cooperation with other applicable state
30 agencies, shall collect, retain or modify data or records, and shall
31 transmit such data or records: (i) to the division of criminal justice
32 services, or to the criminal justice information services division of
33 the federal bureau of investigation, for the purposes of responding to
34 queries to the national instant criminal background check system regard-
35 ing attempts to purchase or otherwise take possession of firearms, as
36 defined in 18 USC 921(a)(3), in accordance with applicable federal laws
37 or regulations, or (ii) for persons residing in the county of Kings,
38 Queens, Richmond, New York or Bronx, to the division of criminal justice
39 services, which may re-disclose such data and records only for determin-
40 ing whether a license issued pursuant to section 400.00 of the penal law
41 should be denied, suspended or revoked, under subdivision eleven of such
42 section, or for determining whether a person is no longer permitted
43 under federal or state law to possess a firearm. Such records, which may
44 not be used for any other purpose, shall include only names and other
45 non-clinical identifying information of persons who have been involun-
46 tarily committed to a hospital pursuant to article nine of this chapter,
47 [or section four hundred two or subdivision two of section five hundred
48 eight of the correction law,] or article seven hundred thirty or section
49 330.20 of the criminal procedure law or sections 322.2 or 353.4 of the
50 family court act, or to a secure treatment facility pursuant to article
51 ten of this chapter.
52 (2) The commissioner shall establish within the office of mental
53 health an administrative process to permit a person who has been or may
54 be disqualified from possessing such a firearm pursuant to 18 USC
55 922(4)(d) or who has been or may be disqualified from continuing to have
56 a license to carry, possess, repair, or dispose of a firearm under
S. 879--C 9
1 section 400.00 of the penal law because such person, who resides in the
2 county of Kings, Queens, Richmond, New York or Bronx, was involuntarily
3 committed or civilly confined to a facility under the jurisdiction of
4 the commissioner, to petition for relief from that disability where such
5 person's record and reputation are such that such person will not be
6 likely to act in a manner dangerous to public safety and where the
7 granting of the relief would not be contrary to public safety. The
8 commissioner shall promulgate regulations to establish the relief from
9 disabilities program, which shall include, but not be limited to,
10 provisions providing for: (i) an opportunity for a disqualified person
11 to petition for relief in writing; (ii) the authority for the agency to
12 require that the petitioner undergo a clinical evaluation and risk
13 assessment; and (iii) a requirement that the agency issue a decision in
14 writing explaining the reasons for a denial or grant of relief. The
15 denial of a petition for relief from disabilities may be reviewed de
16 novo pursuant to the proceedings under article seventy-eight of the
17 civil practice law and rules.
18 § 19. Subdivision (b) of section 9.46 of the mental hygiene law, as
19 added by chapter 1 of the laws of 2013, is amended to read as follows:
20 (b) Notwithstanding any other law to the contrary, when a mental
21 health professional currently providing treatment services to a person,
22 who resides in the county of Kings, Queens, Richmond, New York or Bronx,
23 determines, in the exercise of reasonable professional judgment, that
24 such person is likely to engage in conduct that would result in serious
25 harm to self or others, he or she shall be required to report, as soon
26 as practicable, to the director of community services, or the director's
27 designee, who shall report to the division of criminal justice services
28 whenever he or she agrees that the person is likely to engage in such
29 conduct. Information transmitted to the division of criminal justice
30 services shall be limited to names and other non-clinical identifying
31 information, which may only be used for determining whether a license
32 issued pursuant to section 400.00 of the penal law should be suspended
33 or revoked, or for determining whether a person is ineligible for a
34 license issued pursuant to section 400.00 of the penal law, or is no
35 longer permitted under state or federal law to possess a firearm.
36 § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
37 chapter 1 of the laws of 2013, is amended to read as follows:
38 22. "Assault weapon" means
39 (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
40 sion, a semiautomatic rifle that has an ability to accept a detachable
41 magazine and has at least two of the following characteristics:
42 (A) a folding or telescoping stock;
43 (B) a pistol grip that protrudes conspicuously beneath the action of
44 the weapon;
45 (C) a bayonet mount;
46 (D) a flash suppressor or threaded barrel designed to accommodate a
47 flash suppressor;
48 (E) a grenade launcher; or
49 (ii) a semiautomatic shotgun that has at least two of the following
50 characteristics:
51 (A) a folding or telescoping stock;
52 (B) a pistol grip that protrudes conspicuously beneath the action of
53 the weapon;
54 (C) a fixed magazine capacity in excess of five rounds;
55 (D) an ability to accept a detachable magazine; or
S. 879--C 10
1 (iii) a semiautomatic pistol that has an ability to accept a detacha-
2 ble magazine and has at least two of the following characteristics:
3 (A) an ammunition magazine that attaches to the pistol outside of the
4 pistol grip;
5 (B) a threaded barrel capable of accepting a barrel extender, flash
6 suppressor, forward handgrip, or silencer;
7 (C) a shroud that is attached to, or partially or completely encir-
8 cles, the barrel and that permits the shooter to hold the firearm with
9 the nontrigger hand without being burned;
10 (D) a manufactured weight of fifty ounces or more when the pistol is
11 unloaded;
12 (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
13 or
14 (iv) any of the weapons, or functioning frames or receivers of such
15 weapons, or copies or duplicates of such weapons, in any caliber, known
16 as:
17 (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
18 models);
19 (B) Action Arms Israeli Military Industries UZI and Galil;
20 (C) Beretta Ar70 (SC-70);
21 (D) Colt AR-15;
22 (E) Fabrique National FN/FAL, FN/LAR, and FNC;
23 (F) SWD M-10, M-11, M-11/9, and M-12;
24 (G) Steyr AUG;
25 (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
26 (I) revolving cylinder shotguns, such as (or similar to) the Street
27 Sweeper and Striker 12;
28 (v) provided, however, that such term does not include: (A) any rifle,
29 shotgun or pistol that (I) is manually operated by bolt, pump, lever or
30 slide action; (II) has been rendered permanently inoperable; or (III) is
31 an antique firearm as defined in 18 U.S.C. 921(a)(16);
32 (B) a semiautomatic rifle that cannot accept a detachable magazine
33 that holds more than five rounds of ammunition;
34 (C) a semiautomatic shotgun that cannot hold more than five rounds of
35 ammunition in a fixed or detachable magazine;
36 (D) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
37 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
38 manufactured on October first, nineteen hundred ninety-three. The mere
39 fact that a weapon is not listed in Appendix A shall not be construed to
40 mean that such weapon is an assault weapon; or
41 (E) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
42 pistol or any of the weapons defined in paragraph (d) of this subdivi-
43 sion lawfully possessed prior to September fourteenth, nineteen hundred
44 ninety-four; and
45 (b) (i) in the counties of Kings, Queens, Richmond, New York and
46 Bronx, a semiautomatic rifle that has an ability to accept a detachable
47 magazine and has at least one of the following characteristics:
48 [(i)] (A) a folding or telescoping stock;
49 [(ii)] (B) a pistol grip that protrudes conspicuously beneath the
50 action of the weapon;
51 [(iii)] (C) a thumbhole stock;
52 [(iv)] (D) a second handgrip or a protruding grip that can be held by
53 the non-trigger hand;
54 [(v)] (E) a bayonet mount;
S. 879--C 11
1 [(vi)] (F) a flash suppressor, muzzle break, muzzle compensator, or
2 threaded barrel designed to accommodate a flash suppressor, muzzle
3 break, or muzzle compensator;
4 [(vii)] (G) a grenade launcher; or
5 [(b)] (ii) a semiautomatic shotgun that has at least one of the
6 following characteristics:
7 [(i)] (A) a folding or telescoping stock;
8 [(ii)] (B) a thumbhole stock;
9 [(iii)] (C) a second handgrip or a protruding grip that can be held by
10 the non-trigger hand;
11 [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
12 [(v)] (E) an ability to accept a detachable magazine; or
13 [(c)] (iii) a semiautomatic pistol that has an ability to accept a
14 detachable magazine and has at least one of the following character-
15 istics:
16 [(i)] (A) a folding or telescoping stock;
17 [(ii)] (B) a thumbhole stock;
18 [(iii)] (C) a second handgrip or a protruding grip that can be held by
19 the non-trigger hand;
20 [(iv)] (D) capacity to accept an ammunition magazine that attaches to
21 the pistol outside of the pistol grip;
22 [(v)] (E) a threaded barrel capable of accepting a barrel extender,
23 flash suppressor, forward handgrip, or silencer;
24 [(vi)] (F) a shroud that is attached to, or partially or completely
25 encircles, the barrel and that permits the shooter to hold the firearm
26 with the non-trigger hand without being burned;
27 [(vii)] (G) a manufactured weight of fifty ounces or more when the
28 pistol is unloaded; or
29 [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
30 firearm;
31 [(d)] (iv) a revolving cylinder shotgun;
32 [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
33 tomatic pistol or weapon defined in former subparagraph (v) of paragraph
34 (e) of subdivision twenty-two of section 265.00 of this chapter as added
35 by chapter one hundred eighty-nine of the laws of two thousand and
36 otherwise lawfully possessed pursuant to such chapter of the laws of two
37 thousand prior to September fourteenth, nineteen hundred ninety-four;
38 [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
39 tomatic pistol or weapon defined in this paragraph or paragraph (a)[,
40 (b) or (c)] of this subdivision, possessed prior to the date of enact-
41 ment of [the] chapter one of the laws of two thousand thirteen which
42 added this paragraph;
43 [(g)] (vii) provided, however, that such term does not include:
44 [(i)] (A) any rifle, shotgun or pistol that [(A)] (I) is manually
45 operated by bolt, pump, lever or slide action; [(B)] (II) has been
46 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
47 defined in 18 U.S.C. 921(a)(16);
48 [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
49 zine that holds more than five rounds of ammunition;
50 [(iii)] (C) a semiautomatic shotgun that cannot hold more than five
51 rounds of ammunition in a fixed or detachable magazine; or
52 [(iv)] (D) a rifle, shotgun or pistol, or a replica or a duplicate
53 thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was
54 manufactured on October first, nineteen hundred ninety-three. The mere
55 fact that a weapon is not listed in Appendix A shall not be construed to
56 mean that such weapon is an assault weapon;
S. 879--C 12
1 [(v)] (E) any weapon validly registered pursuant to subdivision
2 sixteen-a of section 400.00 of this chapter. Such weapons shall be
3 subject to the provisions of [paragraph (h)] subparagraph (viii) of this
4 [subdivision] paragraph;
5 [(vi)] (F) any firearm, rifle, or shotgun that was manufactured at
6 least fifty years prior to the current date, but not including replicas
7 thereof that is validly registered pursuant to subdivision sixteen-a of
8 section 400.00 of this chapter;
9 [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
10 (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
11 nition feeding device that was legally possessed by an individual prior
12 to the enactment of [the] chapter one of the laws of two thousand thir-
13 teen which added this paragraph, may only be sold to, exchanged with or
14 disposed of to a purchaser authorized to possess such weapons or to an
15 individual or entity outside of the state provided that any such trans-
16 fer to an individual or entity outside of the state must be reported to
17 the entity wherein the weapon is registered within seventy-two hours of
18 such transfer. An individual who transfers any such weapon or large
19 capacity ammunition device to an individual inside New York state or
20 without complying with the provisions of this paragraph shall be guilty
21 of a class A misdemeanor unless such large capacity ammunition feeding
22 device, the possession of which is made illegal by [the] chapter one of
23 the laws of two thousand thirteen which added this [paragraph] subpara-
24 graph, is transferred within one year of the effective date of [the]
25 chapter one of the laws of two thousand thirteen which added this [para-
26 graph] subparagraph.
27 § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
28 chapter 1 of the laws of 2013, is amended to read as follows:
29 23. "Large capacity ammunition feeding device" means a magazine, belt,
30 drum, feed strip, or similar device, manufactured after September thir-
31 tieth, nineteen hundred ninety-four, that [(a)] has a capacity of, or
32 that can be readily restored or converted to accept, more than ten
33 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
34 tion, or (c) is obtained after the effective date of the chapter of the
35 laws of two thousand thirteen which amended this subdivision and has a
36 capacity of, or that can be readily restored or converted to accept,
37 more than seven rounds of ammunition]; provided, however, that such term
38 does not include an attached tubular device designed to accept, and
39 capable of operating only with, .22 caliber rimfire ammunition [or a
40 feeding device that is a curio or relic. A feeding device that is a
41 curio or relic is defined as a device that (i) was manufactured at least
42 fifty years prior to the current date, (ii) is only capable of being
43 used exclusively in a firearm, rifle, or shotgun that was manufactured
44 at least fifty years prior to the current date, but not including repli-
45 cas thereof, (iii) is possessed by an individual who is not prohibited
46 by state or federal law from possessing a firearm and (iv) is registered
47 with the division of state police pursuant to subdivision sixteen-a of
48 section 400.00 of this chapter, except such feeding devices transferred
49 into the state may be registered at any time, provided they are regis-
50 tered within thirty days of their transfer into the state. Notwithstand-
51 ing paragraph (h) of subdivision twenty-two of this section, such feed-
52 ing devices may be transferred provided that such transfer shall be
53 subject to the provisions of section 400.03 of this chapter including
54 the check required to be conducted pursuant to such section].
55 § 22. Subdivision 24 of section 265.00 of the penal law, as added by
56 chapter 1 of the laws of 2013, is amended to read as follows:
S. 879--C 13
1 24. "Seller of ammunition" means any person, firm, partnership, corpo-
2 ration or company who engages in the business of purchasing, selling or
3 keeping ammunition in the county of Kings, Queens, Richmond, New York or
4 Bronx.
5 § 23. The opening paragraph of section 265.01-b of the penal law, as
6 added by chapter 1 of the laws of 2013, is amended to read as follows:
7 A person is guilty of criminal possession of a firearm when he or she,
8 being a resident of the county of Kings, Queens, Richmond, New York or
9 Bronx: (1) possesses any firearm or; (2) lawfully possesses a firearm
10 prior to the effective date of [the] chapter one of the laws of two
11 thousand thirteen which added this section subject to the registration
12 requirements of subdivision sixteen-a of section 400.00 of this chapter
13 and knowingly fails to register such firearm pursuant to such subdivi-
14 sion.
15 § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
16 penal law, paragraph 3 as amended and paragraph 7-f as added by chapter
17 1 of the laws of 2013, are amended to read as follows:
18 3. Possession of a pistol or revolver by a person to whom a license
19 therefor has been issued as provided under section 400.00 or 400.01 of
20 this chapter or possession, in the county of Kings, Queens, Richmond,
21 New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
22 paragraph [(e) or (f)] (b) of subdivision twenty-two of section 265.00
23 of this article which is registered pursuant to paragraph (a) of subdi-
24 vision sixteen-a of section 400.00 of this chapter or is included on an
25 amended license issued pursuant to section 400.00 of this chapter. In
26 the event such license is revoked, other than because such licensee is
27 no longer permitted to possess a firearm, rifle or shotgun under federal
28 or state law, information sufficient to satisfy the requirements of
29 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
30 mitted by the licensing officer to the division of state police, in a
31 form as determined by the superintendent of state police. Such trans-
32 mission shall constitute a valid registration under such section.
33 Further provided, notwithstanding any other section of this title, a
34 failure to register such weapon by an individual, in the county of
35 Kings, Queens, Richmond, New York or Bronx, who possesses such weapon
36 before the enactment of [the] chapter one of the laws of two thousand
37 thirteen which amended this paragraph and may so lawfully possess it
38 thereafter upon registration, shall only be subject to punishment pursu-
39 ant to paragraph (c) of subdivision sixteen-a of section 400.00 of this
40 chapter; provided, that such a license or registration shall not
41 preclude a conviction for the offense defined in subdivision three of
42 section 265.01 of this article or section 265.01-a of this article.
43 7-f. Possession and use of a magazine, belt, feed strip or similar
44 device, in the county of Kings, Queens, Richmond, New York or Bronx,
45 that contains more than seven rounds of ammunition, but that does not
46 have a capacity of or can readily be restored or converted to accept
47 more than ten rounds of ammunition, at an indoor or outdoor firing range
48 located in or on premises owned or occupied by a duly incorporated
49 organization organized for conservation purposes or to foster proficien-
50 cy in arms; at an indoor or outdoor firing range for the purpose of
51 firing a rifle or shotgun; at a collegiate, olympic or target shooting
52 competition under the auspices of or approved by the national rifle
53 association; or at an organized match sanctioned by the International
54 Handgun Metallic Silhouette Association.
55 § 25. The opening paragraph of section 265.36 of the penal law, as
56 added by chapter 1 of the laws of 2013, is amended to read as follows:
S. 879--C 14
1 It shall be unlawful for a person, in the county of Kings, Queens,
2 Richmond, New York or Bronx, to knowingly possess a large capacity ammu-
3 nition feeding device manufactured before September thirteenth, nineteen
4 hundred ninety-four, and if such person lawfully possessed such large
5 capacity feeding device before the effective date of [the] chapter one
6 of the laws of two thousand thirteen which added this section, that has
7 a capacity of, or that can be readily restored or converted to accept,
8 more than ten rounds of ammunition.
9 § 26. The opening paragraph of section 265.37 of the penal law, as
10 amended by section 2 of part FF of chapter 57 of the laws of 2013, is
11 amended to read as follows:
12 It shall be unlawful for a person to knowingly possess, in the county
13 of Kings, Queens, Richmond, New York or Bronx, an ammunition feeding
14 device where such device contains more than seven rounds of ammunition.
15 § 27. The opening paragraph of section 265.45 of the penal law, as
16 amended by section 3 of part FF of chapter 57 of the laws of 2013, is
17 amended to read as follows:
18 No person, residing in the county of Kings, Queens, Richmond, New York
19 or Bronx, who owns or is custodian of a rifle, shotgun or firearm who
20 resides with an individual who such person knows or has reason to know
21 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)
22 (1), (4), (8) or (9) shall store or otherwise leave such rifle, shotgun
23 or firearm out of his or her immediate possession or control without
24 having first securely locked such rifle, shotgun or firearm in an appro-
25 priate safe storage depository or rendered it incapable of being fired
26 by use of a gun locking device appropriate to that weapon. For purposes
27 of this section "safe storage depository" shall mean a safe or other
28 secure container which, when locked, is incapable of being opened with-
29 out the key, combination or other unlocking mechanism and is capable of
30 preventing an unauthorized person from obtaining access to and
31 possession of the weapon contained therein. With respect to a person who
32 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
33 for purposes of this section, this section applies only if such person
34 has been convicted of a crime included in subdivision one of section
35 370.15 of the criminal procedure law and such gun is possessed within
36 five years from the later of the date of conviction or completion of
37 sentence. Nothing in this section shall be deemed to affect, impair or
38 supersede any special or local act relating to the safe storage of
39 rifles, shotguns or firearms which impose additional requirements on the
40 owner or custodian of such weapons.
41 § 28. Subdivision 1 of section 400.00 of the penal law, as amended by
42 chapter 1 of the laws of 2013, is amended to read as follows:
43 1. Eligibility. No license shall be issued or renewed pursuant to this
44 section except by the licensing officer, and then only after investi-
45 gation and finding that all statements in a proper application for a
46 license are true. No license shall be issued or renewed except for an
47 applicant (a) twenty-one years of age or older, provided, however, that
48 where such applicant has been honorably discharged from the United
49 States army, navy, marine corps, air force or coast guard, or the
50 national guard of the state of New York, no such age restriction shall
51 apply; (b) of good moral character; (c) who has not been convicted
52 anywhere of a felony or a serious offense; (d) who is not a fugitive
53 from justice; (e) who is not an unlawful user of or addicted to any
54 controlled substance as defined in section 21 U.S.C. 802; (f) who being
55 an alien (i) is not illegally or unlawfully in the United States or (ii)
56 has not been admitted to the United States under a nonimmigrant visa
S. 879--C 15
1 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been
2 discharged from the Armed Forces under dishonorable conditions; (h) who,
3 having been a citizen of the United States, has not renounced his or her
4 citizenship; (i) who has stated whether he or she has ever suffered any
5 mental illness; (j) who, being a resident of the county of Kings,
6 Queens, Richmond, New York or Bronx, has not been involuntarily commit-
7 ted to a facility under the jurisdiction of an office of the department
8 of mental hygiene pursuant to article nine or fifteen of the mental
9 hygiene law, article seven hundred thirty or section 330.20 of the crim-
10 inal procedure law, section four hundred two or five hundred eight of
11 the correction law, section 322.2 or 353.4 of the family court act, or
12 has not been civilly confined in a secure treatment facility pursuant to
13 article ten of the mental hygiene law; (k) who has not had a license
14 revoked or who is not under a suspension or ineligibility order issued
15 pursuant to the provisions of section 530.14 of the criminal procedure
16 law or section eight hundred forty-two-a of the family court act; (l) in
17 the county of Westchester, who has successfully completed a firearms
18 safety course and test as evidenced by a certificate of completion
19 issued in his or her name and endorsed and affirmed under the penalties
20 of perjury by a duly authorized instructor, except that: (i) persons who
21 are honorably discharged from the United States army, navy, marine corps
22 or coast guard, or of the national guard of the state of New York, and
23 produce evidence of official qualification in firearms during the term
24 of service are not required to have completed those hours of a firearms
25 safety course pertaining to the safe use, carrying, possession, mainte-
26 nance and storage of a firearm; and (ii) persons who were licensed to
27 possess a pistol or revolver prior to the effective date of this para-
28 graph are not required to have completed a firearms safety course and
29 test; (m) who, being a resident of the county of Kings, Queens, Rich-
30 mond, New York or Bronx, has not had a guardian appointed for him or her
31 pursuant to any provision of state law, based on a determination that as
32 a result of marked subnormal intelligence, mental illness, incapacity,
33 condition or disease, he or she lacks the mental capacity to contract or
34 manage his or her own affairs; and (n) concerning whom no good cause
35 exists for the denial of the license. No person shall engage in the
36 business of gunsmith or dealer in firearms unless licensed pursuant to
37 this section. An applicant to engage in such business shall also be a
38 citizen of the United States, more than twenty-one years of age and
39 maintain a place of business in the city or county where the license is
40 issued. For such business, if the applicant is a firm or partnership,
41 each member thereof shall comply with all of the requirements set forth
42 in this subdivision and if the applicant is a corporation, each officer
43 thereof shall so comply.
44 § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
45 law, as amended by chapter 1 of the laws of 2013, are amended to read as
46 follows:
47 4. Investigation. Before a license is issued or renewed, there shall
48 be an investigation of all statements required in the application by the
49 duly constituted police authorities of the locality where such applica-
50 tion is made[, including but not limited to such records as may be
51 accessible to the division of state police or division of criminal
52 justice services pursuant to section 400.02 of this article]. For that
53 purpose, the records of the appropriate office of the department of
54 mental hygiene concerning previous or present mental illness of the
55 applicant shall be available for inspection by the investigating officer
56 of the police authority. In order to ascertain any previous criminal
S. 879--C 16
1 record, the investigating officer shall take the fingerprints and phys-
2 ical descriptive data in quadruplicate of each individual by whom the
3 application is signed and verified. Two copies of such fingerprints
4 shall be taken on standard fingerprint cards eight inches square, and
5 one copy may be taken on a card supplied for that purpose by the federal
6 bureau of investigation; provided, however, that in the case of a corpo-
7 rate applicant that has already been issued a dealer in firearms license
8 and seeks to operate a firearm dealership at a second or subsequent
9 location, the original fingerprints on file may be used to ascertain any
10 criminal record in the second or subsequent application unless any of
11 the corporate officers have changed since the prior application, in
12 which case the new corporate officer shall comply with procedures
13 governing an initial application for such license. When completed, one
14 standard card shall be forwarded to and retained by the division of
15 criminal justice services in the executive department, at Albany. A
16 search of the files of such division and written notification of the
17 results of the search to the investigating officer shall be made without
18 unnecessary delay. Thereafter, such division shall notify the licensing
19 officer and the executive department, division of state police, Albany,
20 of any criminal record of the applicant filed therein subsequent to the
21 search of its files. A second standard card, or the one supplied by the
22 federal bureau of investigation, as the case may be, shall be forwarded
23 to that bureau at Washington with a request that the files of the bureau
24 be searched and notification of the results of the search be made to the
25 investigating police authority. Of the remaining two fingerprint cards,
26 one shall be filed with the executive department, division of state
27 police, Albany, within ten days after issuance of the license, and the
28 other remain on file with the investigating police authority. No such
29 fingerprints may be inspected by any person other than a peace officer,
30 who is acting pursuant to his special duties, or a police officer,
31 except on order of a judge or justice of a court of record either upon
32 notice to the licensee or without notice, as the judge or justice may
33 deem appropriate. Upon completion of the investigation, the police
34 authority shall report the results to the licensing officer without
35 unnecessary delay.
36 5. Filing of approved applications. (a) The application for any
37 license, if granted, shall be filed by the licensing officer with the
38 clerk of the county of issuance, except that in the city of New York
39 and, in the counties of Nassau and Suffolk, the licensing officer shall
40 designate the place of filing in the appropriate division, bureau or
41 unit of the police department thereof, and in the county of Suffolk the
42 county clerk is hereby authorized to transfer all records or applica-
43 tions relating to firearms to the licensing authority of that county.
44 Except as provided in paragraphs (b) through (f) of this subdivision,
45 the name and address of any person to whom an application for any
46 license has been granted shall be a public record. Upon application by a
47 licensee who has changed his place of residence such records or applica-
48 tions shall be transferred to the appropriate officer at the licensee's
49 new place of residence. A duplicate copy of such application shall be
50 filed by the licensing officer in the executive department, division of
51 state police, Albany, within ten days after issuance of the license. The
52 superintendent of state police may designate that such application shall
53 be transmitted to the division of state police electronically. In the
54 event the superintendent of the division of state police determines that
55 it lacks any of the records required to be filed with the division, it
56 may request that such records be provided to it by the appropriate
S. 879--C 17
1 clerk, department or authority and such clerk, department or authority
2 shall provide the division with such records. In the event such clerk,
3 department or authority lacks such records, the division may request the
4 license holder provide information sufficient to constitute such record
5 and such license holder shall provide the division with such informa-
6 tion. Such information shall be limited to the license holder's name,
7 date of birth, gender, race, residential address, social security number
8 and firearms possessed by said license holder. Nothing in this subdivi-
9 sion shall be construed to change the expiration date or term of such
10 licenses if otherwise provided for in law. [Records assembled or
11 collected for purposes of inclusion in the database established by this
12 section shall be released pursuant to a court order. Records assembled
13 or collected for purposes of inclusion in the database created pursuant
14 to section 400.02 of this chapter shall not be subject to disclosure
15 pursuant to article six of the public officers law.]
16 (b) Each application for a license pursuant to paragraph (a) of this
17 subdivision shall include, on a separate written form prepared by the
18 division of state police within thirty days of the effective date of
19 [the] chapter one of the laws of two thousand thirteen, which amended
20 this section, and provided to the applicant at the same time and in the
21 same manner as the application for a license, an opportunity for the
22 applicant to request an exception from his or her application informa-
23 tion becoming public record pursuant to paragraph (a) of this subdivi-
24 sion. Such forms, which shall also be made available to individuals who
25 had applied for or been granted a license prior to the effective date of
26 [the] chapter one of the laws of two thousand thirteen which amended
27 this section, shall notify applicants that, upon discovery that an
28 applicant knowingly provided false information, such applicant may be
29 subject to penalties pursuant to section 175.30 of this chapter, and
30 further, that his or her request for an exception shall be null and
31 void, provided that written notice containing such determination is
32 provided to the applicant. Further, such forms shall provide each appli-
33 cant an opportunity to specify the grounds on which he or she believes
34 his or her application information should not be publicly disclosed.
35 These grounds, which shall be identified on the application with a box
36 beside each for checking, as applicable, by the applicant, shall be as
37 follows:
38 (i) the applicant's life or safety may be endangered by disclosure
39 because:
40 (A) the applicant is an active or retired police officer, peace offi-
41 cer, probation officer, parole officer, or corrections officer;
42 (B) the applicant is a protected person under a currently valid order
43 of protection;
44 (C) the applicant is or was a witness in a criminal proceeding involv-
45 ing a criminal charge;
46 (D) the applicant is participating or previously participated as a
47 juror in a criminal proceeding, or is or was a member of a grand jury;
48 or
49 (E) the applicant is a spouse, domestic partner or household member of
50 a person identified in this subparagraph or subparagraph (ii) of this
51 paragraph, specifying which subparagraph or subparagraphs and clauses
52 apply.
53 (ii) the applicant has reason to believe his or her life or safety may
54 be endangered by disclosure due to reasons stated by the applicant.
55 (iii) the applicant has reason to believe he or she may be subject to
56 unwarranted harassment upon disclosure of such information.
S. 879--C 18
1 (c) [Each form provided for recertification pursuant to paragraph (b)
2 of subdivision ten of this section shall include an opportunity for the
3 applicant to request an exception from the information provided on such
4 form becoming public record pursuant to paragraph (a) of this subdivi-
5 sion. Such forms shall notify applicants that, upon discovery that an
6 applicant knowingly provided false information, such applicant may be
7 subject to penalties pursuant to section 175.30 of this chapter, and
8 further, that his or her request for an exception shall be null and
9 void, provided that written notice containing such determination is
10 provided to the applicant. Further, such forms shall provide each appli-
11 cant an opportunity to either decline to request the grant or continua-
12 tion of an exception, or specify the grounds on which he or she believes
13 his or her information should not be publicly disclosed. These grounds,
14 which shall be identified in the application with a box beside each for
15 checking, as applicable, by the applicant, shall be the same as provided
16 in paragraph (b) of this subdivision.
17 (d)] Information submitted on the forms described in paragraph (b) of
18 this subdivision shall be excepted from disclosure and maintained by the
19 entity retaining such information separate and apart from all other
20 records.
21 [(e)] (d) (i) Upon receiving a request for exception from disclosure,
22 the licensing officer shall grant such exception, unless the request is
23 determined to be null and void, pursuant to paragraph (b)[ or (c)] of
24 this subdivision.
25 (ii) A request for an exception from disclosure may be submitted at
26 any time, including after a license or recertification has been granted.
27 (iii) If an exception is sought and granted pursuant to paragraph (b)
28 of this subdivision, the application information shall not be public
29 record, unless the request is determined to be null and void.[If an
30 exception is sought and granted pursuant to paragraph (c) of this subdi-
31 vision, the information concerning such recertification application
32 shall not be public record, unless the request is determined to be null
33 and void.]
34 [(f)] (e) The information of licensees or applicants for a license
35 shall not be disclosed to the public during the first one hundred twenty
36 days following the effective date of [the] chapter one of the laws of
37 two thousand thirteen, which amended this section. After such period,
38 the information of those who had applied for or been granted a license
39 prior to the preparation of the form for requesting an exception, pursu-
40 ant to paragraph (b) of this subdivision, may be released only if such
41 individuals did not file a request for such an exception during the
42 first sixty days following such preparation; provided, however, that no
43 information contained in an application for licensure or recertification
44 shall be disclosed by an entity that has not completed processing any
45 such requests received during such sixty days.
46 [(g)] (f) If a request for an exception is determined to be null and
47 void pursuant to paragraph (b) [or (c)] of this subdivision, an appli-
48 cant may request review of such determination pursuant to article seven-
49 ty-eight of the civil practice [laws] law and rules. Such proceeding
50 must commence within thirty days after service of the written notice
51 containing the adverse determination. Notice of the right to commence
52 such a petition, and the time period therefor, shall be included in the
53 notice of the determination. Disclosure following such a petition shall
54 not be made prior to the disposition of such review.
55 10. License: expiration, certification and renewal. [(a)] Any license
56 for gunsmith or dealer in firearms and, in the city of New York, any
S. 879--C 19
1 license to carry or possess a pistol or revolver, issued at any time
2 pursuant to this section or prior to the first day of July, nineteen
3 hundred sixty-three and not limited to expire on an earlier date fixed
4 in the license, shall expire not more than three years after the date of
5 issuance. In the counties of Nassau, Suffolk and Westchester, any
6 license to carry or possess a pistol or revolver, issued at any time
7 pursuant to this section or prior to the first day of July, nineteen
8 hundred sixty-three and not limited to expire on an earlier date fixed
9 in the license, shall expire not more than five years after the date of
10 issuance; however, in the county of Westchester, any such license shall
11 be certified prior to the first day of April, two thousand, in accord-
12 ance with a schedule to be contained in regulations promulgated by the
13 commissioner of the division of criminal justice services, and every
14 such license shall be recertified every five years thereafter. For
15 purposes of this section certification shall mean that the licensee
16 shall provide to the licensing officer the following information only:
17 current name, date of birth, current address, and the make, model, cali-
18 ber and serial number of all firearms currently possessed. Such certif-
19 ication information shall be filed by the licensing officer in the same
20 manner as an amendment. Elsewhere than in the city of New York and the
21 counties of Nassau, Suffolk and Westchester, any license to carry or
22 possess a pistol or revolver, issued at any time pursuant to this
23 section or prior to the first day of July, nineteen hundred sixty-three
24 and not previously revoked or cancelled, shall be in force and effect
25 until revoked as herein provided. Any license not previously cancelled
26 or revoked shall remain in full force and effect for thirty days beyond
27 the stated expiration date on such license. Any application to renew a
28 license that has not previously expired, been revoked or cancelled shall
29 thereby extend the term of the license until disposition of the applica-
30 tion by the licensing officer. In the case of a license for gunsmith or
31 dealer in firearms, in counties having a population of less than two
32 hundred thousand inhabitants, photographs and fingerprints shall be
33 submitted on original applications and upon renewal thereafter only at
34 six year intervals. Upon satisfactory proof that a currently valid
35 original license has been despoiled, lost or otherwise removed from the
36 possession of the licensee and upon application containing an additional
37 photograph of the licensee, the licensing officer shall issue a dupli-
38 cate license.
39 [(b) All licensees shall be recertified to the division of state
40 police every five years thereafter. Any license issued before the effec-
41 tive date of the chapter of the laws of two thousand thirteen which
42 added this paragraph shall be recertified by the licensee on or before
43 January thirty-first, two thousand eighteen, and not less than one year
44 prior to such date, the state police shall send a notice to all license
45 holders who have not recertified by such time. Such recertification
46 shall be in a form as approved by the superintendent of state police,
47 which shall request the license holder's name, date of birth, gender,
48 race, residential address, social security number, firearms possessed by
49 such license holder, email address at the option of the license holder
50 and an affirmation that such license holder is not prohibited from
51 possessing firearms. The form may be in an electronic form if so desig-
52 nated by the superintendent of state police. Failure to recertify shall
53 act as a revocation of such license. If the New York state police
54 discover as a result of the recertification process that a licensee
55 failed to provide a change of address, the New York state police shall
56 not require the licensing officer to revoke such license.]
S. 879--C 20
1 11. License: revocation and suspension. (a) The conviction of a licen-
2 see anywhere of a felony or serious offense [or a licensee at any time
3 becoming ineligible to obtain a license under this section] shall oper-
4 ate as a revocation of the license. A license may be revoked or
5 suspended as provided for in section 530.14 of the criminal procedure
6 law or section eight hundred forty-two-a of the family court act. Except
7 for a license issued pursuant to section 400.01 of this article, a
8 license may be revoked and cancelled at any time in the city of New
9 York, and in the counties of Nassau and Suffolk, by the licensing offi-
10 cer, and elsewhere than in the city of New York by any judge or justice
11 of a court of record; a license issued pursuant to section 400.01 of
12 this article may be revoked and cancelled at any time by the licensing
13 officer or any judge or justice of a court of record. The official
14 revoking a license shall give written notice thereof without unnecessary
15 delay to the executive department, division of state police, Albany, and
16 shall also notify immediately the duly constituted police authorities of
17 the locality.
18 (b) Whenever the director of community services in the counties of
19 Kings, Queens, Richmond, New York and Bronx, or his or her designee
20 makes a report pursuant to section 9.46 of the mental hygiene law, the
21 division of criminal justice services shall convey such information,
22 whenever it determines that the person named in the report possesses a
23 license issued pursuant to this section, to the appropriate licensing
24 official, who shall issue an order suspending or revoking such license.
25 (c) In any instance in which a person's license is suspended or
26 revoked under paragraph (a) or (b) of this subdivision, such person
27 shall surrender such license to the appropriate licensing official and
28 any and all firearms, rifles, or shotguns owned or possessed by such
29 person shall be surrendered to an appropriate law enforcement agency as
30 provided in subparagraph (f) of paragraph one of subdivision a of
31 section 265.20 of this chapter. In the event such license, firearm,
32 shotgun, or rifle is not surrendered, such items shall be removed and
33 declared a nuisance and any police officer or peace officer acting
34 pursuant to his or her special duties is authorized to remove any and
35 all such weapons.
36 12. Records required of gunsmiths and dealers in firearms. Any person
37 licensed as gunsmith or dealer in firearms shall keep a record book
38 approved as to form, except in the city of New York, by the superinten-
39 dent of state police. In the record book shall be entered at the time of
40 every transaction involving a firearm the date, name, age, occupation
41 and residence of any person from whom a firearm is received or to whom a
42 firearm is delivered, and the calibre, make, model, manufacturer's name
43 and serial number, or if none, any other distinguishing number or iden-
44 tification mark on such firearm. Before delivering a firearm to any
45 person, the licensee shall require him to produce either a license valid
46 under this section to carry or possess the same, or proof of lawful
47 authority as an exempt person pursuant to section 265.20 of this
48 chapter. In addition, before delivering a firearm to a peace officer,
49 the licensee shall verify that person's status as a peace officer with
50 the division of state police. After completing the foregoing, the licen-
51 see shall remove and retain the attached coupon and enter in the record
52 book the date of such license, number, if any, and name of the licensing
53 officer, in the case of the holder of a license to carry or possess, or
54 the shield or other number, if any, assignment and department, unit or
55 agency, in the case of an exempt person. The original transaction report
56 shall be forwarded to the division of state police within ten days of
S. 879--C 21
1 delivering a firearm to any person, and a duplicate copy shall be kept
2 by the licensee. The superintendent of state police may designate that
3 such record shall be completed and transmitted in electronic form. A
4 dealer may be granted a waiver from transmitting such records in elec-
5 tronic form if the superintendent determines that such dealer is incapa-
6 ble of such transmission due to technological limitations that are not
7 reasonably within the control of the dealer, or other exceptional
8 circumstances demonstrated by the dealer, pursuant to a process estab-
9 lished in regulation, and at the discretion of the superintendent.
10 [Records assembled or collected for purposes of inclusion in the data-
11 base created pursuant to section 400.02 of this article shall not be
12 subject to disclosure pursuant to article six of the public officers
13 law.] The record book shall be maintained on the premises mentioned and
14 described in the license and shall be open at all reasonable hours for
15 inspection by any peace officer, acting pursuant to his special duties,
16 or police officer. In the event of cancellation or revocation of the
17 license for gunsmith or dealer in firearms, or discontinuance of busi-
18 ness by a licensee, such record book shall be immediately surrendered to
19 the licensing officer in the city of New York, and in the counties of
20 Nassau and Suffolk, and elsewhere in the state to the executive depart-
21 ment, division of state police.
22 § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
23 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
24 the laws of 2013, is amended to read as follows:
25 16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
26 or (f)] subparagraph (v) or (vi) of paragraph (b) of subdivision twen-
27 ty-two of section 265.00 of this chapter, who resides in the county of
28 Kings, Queens, Richmond, New York or Bronx, possessed before the date of
29 the effective date of [the] chapter one of the laws of two thousand
30 thirteen which added this paragraph, must make an application to regis-
31 ter such weapon with the superintendent of state police, in the manner
32 provided by the superintendent, or by amending a license issued pursuant
33 to this section within one year of the effective date of this subdivi-
34 sion except any weapon defined under [subparagraph (vi)] clause (F) of
35 subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-two of
36 section 265.00 of this chapter transferred into the state may be regis-
37 tered at any time, provided such weapons are registered within thirty
38 days of their transfer into the state. Registration information shall
39 include the registrant's name, date of birth, gender, race, residential
40 address, social security number and a description of each weapon being
41 registered. A registration in the county of Kings, Queens, Richmond, New
42 York or Bronx, of any weapon defined under [subparagraph (vi)] clause
43 (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-
44 two of section 265.00 or a feeding device as defined under subdivision
45 twenty-three of section 265.00 of this chapter shall be transferable,
46 provided that the seller notifies the division of state police within
47 seventy-two hours of the transfer and the buyer provides the division of
48 state police with information sufficient to constitute a registration
49 under this section. Such registration shall not be valid if such regis-
50 trant is prohibited or becomes prohibited from possessing a firearm
51 pursuant to state or federal law. The superintendent shall determine
52 whether such registrant is prohibited from possessing a firearm under
53 state or federal law. Such check shall be limited to determining whether
54 the factors in 18 USC 922 (g) apply or whether a registrant has been
55 convicted of a serious offense as defined in subdivision sixteen-b of
56 section 265.00 of this chapter, so as to prohibit such registrant from
S. 879--C 22
1 possessing a firearm, and whether a report has been issued pursuant to
2 section 9.46 of the mental hygiene law. [All] Such registrants shall
3 recertify to the division of state police every five years thereafter.
4 Failure to recertify shall result in a revocation of such registration.
5 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
6 this subdivision, an owner, who resides in the county of Kings, Queens,
7 Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
8 sion twenty-two of section 265.00 of this chapter, who is a qualified
9 retired New York or federal law enforcement officer as defined in subdi-
10 vision twenty-five of section 265.00 of this chapter, where such weapon
11 was issued to or purchased by such officer prior to retirement and in
12 the course of his or her official duties, and for which such officer was
13 qualified by the agency that employed such officer within twelve months
14 prior to his or her retirement, must register such weapon within sixty
15 days of retirement.
16 (b) The superintendent of state police shall create and maintain an
17 internet website to educate the public, who reside in the county of
18 Kings, Queens, Richmond, New York or Bronx, as to which semiautomatic
19 rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are
20 illegal as a result of the enactment of [the] chapter one of the laws of
21 two thousand thirteen which added this paragraph, as well as such
22 assault weapons which are illegal pursuant to article two hundred
23 sixty-five of this chapter. Such website shall contain information to
24 assist [the] such public in recognizing the relevant features proscribed
25 by such article two hundred sixty-five, as well as which make and model
26 of weapons that require registration.
27 (c) A person, who resides in the county of Kings, Queens, Richmond,
28 New York or Bronx, who knowingly fails to apply to register such weapon,
29 as required by this section, within one year of the effective date of
30 [the] chapter one of the laws of two thousand thirteen which added this
31 paragraph shall be guilty of a class A misdemeanor and such person who
32 unknowingly fails to validly register such weapon within such one year
33 period shall be given a warning by an appropriate law enforcement
34 authority about such failure and given thirty days in which to apply to
35 register such weapon or to surrender it. A failure to apply or surrender
36 such weapon within such thirty-day period shall result in such weapon
37 being removed by an appropriate law enforcement authority and declared a
38 nuisance.
39 § 31. Section 400.02 of the penal law is REPEALED.
40 § 32. Section 400.03 of the penal law, as added by chapter 1 of the
41 laws of 2013, is amended to read as follows:
42 § 400.03 Sellers of ammunition.
43 1. A seller of ammunition as defined in subdivision twenty-four of
44 section 265.00 of this chapter doing business in the county of Kings,
45 Queens, Richmond, New York or Bronx, shall register with the superinten-
46 dent of state police in a manner provided by the superintendent. Any
47 dealer in firearms that is validly licensed pursuant to section 400.00
48 of this article shall not be required to complete such registration.
49 2. Any seller of ammunition or dealer in firearms doing business in
50 the county of Kings, Queens, Richmond, New York or Bronx, shall keep a
51 record book approved as to form by the superintendent of state police.
52 In the record book shall be entered at the time of every transaction
53 involving ammunition the date, name, age, occupation and residence of
54 any person from whom ammunition is received or to whom ammunition is
55 delivered, and the amount, calibre, manufacturer's name and serial
56 number, or if none, any other distinguishing number or identification
S. 879--C 23
1 mark on such ammunition. The record book shall be maintained on the
2 premises mentioned and described in the license and shall be open at all
3 reasonable hours for inspection by any peace officer, acting pursuant to
4 his or her special duties, or police officer. Any record produced pursu-
5 ant to this section and any transmission thereof to any government agen-
6 cy shall not be considered a public record for purposes of article six
7 of the public officers law.
8 3. [No later than thirty days after the superintendent of the state
9 police certifies that the statewide license and record database estab-
10 lished pursuant to section 400.02 of this article is operational for the
11 purposes of this section, a] A dealer in firearms licensed pursuant to
12 section 400.00 of this article, a seller of ammunition as defined in
13 subdivision twenty-four of section 265.00 of this chapter doing business
14 in the county of Kings, Queens, Richmond, New York or Bronx, shall not
15 transfer any ammunition to any other person who is not a dealer in
16 firearms as defined in subdivision nine of such section 265.00 or a
17 seller of ammunition as defined in subdivision twenty-four of section
18 265.00 of this chapter, unless:
19 (a) before the completion of the transfer, the licensee or seller
20 contacts the [statewide license and record database] superintendent of
21 state police and provides the [database] superintendent with information
22 sufficient to identify such dealer or seller, transferee based on infor-
23 mation on the transferee's identification document as defined in para-
24 graph (c) of this subdivision, as well as the amount, calibre, manufac-
25 turer's name and serial number, if any, of such ammunition;
26 (b) the [system] superintendent provides the licensee or seller with a
27 unique identification number; and
28 (c) the transferor has verified the identity of the transferee by
29 examining a valid state identification document of the transferee issued
30 by the department of motor vehicles or if the transferee is not a resi-
31 dent of the state of New York, a valid identification document issued by
32 the transferee's state or country of residence containing a photograph
33 of the transferee.
34 4. If the [database] superintendent of state police determines that
35 the purchaser of ammunition is eligible to possess ammunition pursuant
36 to state and federal laws, [the system] he or she shall:
37 (a) assign a unique identification number to the transfer; and
38 (b) provide the licensee or seller with the number.
39 5. If the [statewide license and record database] superintendent of
40 state police notifies the licensee or seller that the information avail-
41 able [to the database] does not demonstrate that the receipt of ammuni-
42 tion by such other person would violate 18 U.S.C. 922(g) or state law,
43 and the licensee transfers ammunition to such other person, the licensee
44 shall indicate to the [database] superintendent that such transaction
45 has been completed at which point a record of such transaction shall be
46 created which shall be accessible by the division of state police and
47 maintained for no longer than one year from point of purchase[, which
48 shall not be incorporated into the database established pursuant to
49 section 400.02 of this article or the registry established pursuant to
50 subdivision sixteen-a of section 400.00 of this article]. The division
51 of state police may share such information with a local law enforcement
52 agency. Evidence of the purchase of ammunition is not sufficient to
53 establish probable cause to believe that the purchaser has committed a
54 crime absent other information tending to prove the commission of a
55 crime. Records assembled or accessed pursuant to this section shall not
56 be subject to disclosure pursuant to article six of the public officers
S. 879--C 24
1 law. This requirement of this section shall not apply (i) if a back-
2 ground check cannot be completed because the system is not operational
3 as determined by the superintendent of state police, or where it cannot
4 be accessed by the practitioner due to a temporary technological or
5 electrical failure, as set forth in regulation, or (ii) a dealer or
6 seller has been granted a waiver from conducting such background check
7 if the superintendent of state police determines that such dealer is
8 incapable of such check due to technological limitations that are not
9 reasonably within the control of the dealer, or other exceptional
10 circumstances demonstrated by the dealer, pursuant to a process estab-
11 lished in regulation, and at the discretion of such superintendent.
12 6. If the superintendent of state police certifies that background
13 checks of ammunition purchasers in the county of Kings, Queens, Rich-
14 mond, New York or Bronx may be conducted through the national instant
15 criminal background check system, use of that system by a dealer or
16 seller shall be sufficient to satisfy subdivisions four and five of this
17 section and such checks shall be conducted through such system, provided
18 that a record of such transaction shall be forwarded to the state police
19 in a form determined by the superintendent.
20 7. No commercial transfer of ammunition shall take place in the county
21 of Kings, Queens, Richmond, New York or Bronx unless a licensed dealer
22 in firearms or registered seller of ammunition acts as an intermediary
23 between the transferor and the ultimate transferee of the ammunition for
24 the purposes of contacting the statewide license and record database
25 pursuant to this section. Such transfer between the dealer or seller,
26 and transferee must occur in person.
27 8. A seller of ammunition who fails to register pursuant to this
28 section and sells ammunition, for a first offense, shall be guilty of a
29 violation and subject to the fine of one thousand dollars and for a
30 second offense, shall be guilty of a class A misdemeanor.
31 A seller of ammunition that fails to keep any record required pursuant
32 to this section, for a first offense shall be guilty of a violation and
33 subject to a fine of five hundred dollars, and for a second offense
34 shall be guilty of a class B misdemeanor, and the registration of such
35 seller shall be revoked.
36 § 33. Paragraph (a) of subdivision 1 and subdivision 3 of section
37 400.10 of the penal law, as amended by chapter 1 of the laws of 2013,
38 are amended to read as follows:
39 (a) Any owner or other person lawfully in possession of: (i) a
40 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
41 on; (ii) in the county of Kings, Queens, Richmond, New York or Bronx,
42 ammunition as well as a firearm, rifle or shotgun who suffers the loss
43 or theft of such ammunition as well as a firearm, rifle or shotgun; or
44 (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
45 nition and is a dealer in firearms or seller of ammunition who suffers
46 the loss or theft of such ammunition shall within twenty-four hours of
47 the discovery of the loss or theft report the facts and circumstances of
48 the loss or theft to a police department or sheriff's office.
49 3. Notwithstanding any other provision of law, a violation of para-
50 graph (a) of subdivision one of this section shall be [a class A misde-
51 meanor] punishable only by a fine not to exceed one hundred dollars.
52 § 34. Section 2509 of the surrogate's court procedure act, as added by
53 chapter 1 of the laws of 2013, is amended to read as follows:
54 § 2509. Firearms inventory
55 Whenever, by regulation, rule or statute, a fiduciary or attorney of
56 record in the county of Kings, Queens, Richmond, New York or Bronx must
S. 879--C 25
1 file a list of assets constituting a decedent's estate, such list must
2 include a particularized description of every firearm, shotgun and
3 rifle, as such terms are defined in section 265.00 of the penal law,
4 that are part of such estate. Such list must be filed with the surro-
5 gate's court in the county in which the estate proceeding, if any, is
6 pending and a copy must be filed with the division of criminal justice
7 services.
8 § 35. This act shall take effect immediately.