Relates to expiration and renewal provisions of certain firearms licenses; shortens length of certification in NYC from three years to two; Westchester, Nassau and Suffolk from five to two and all other places in the state from six to two years.
STATE OF NEW YORK
________________________________________________________________________
1796--A
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sens. ESPAILLAT, KRUEGER, PARKER -- 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 committee
AN ACT to amend the penal law, in relation to expiration and renewal
provisions of certain firearms licenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 400.00 of the penal law, as
2 amended by chapter 447 of the laws of 1997, is amended to read as
3 follows:
4 10. License: expiration, certification and renewal. Any license for
5 gunsmith or dealer in firearms and, in the city of New York, any license
6 to carry or possess a pistol or revolver, issued at any time pursuant to
7 this section or prior to the first day of July, nineteen hundred sixty-
8 three and not limited to expire on an earlier date fixed in the license,
9 shall expire not more than [three] two years after the date of issuance.
10 In the counties of Nassau, Suffolk and Westchester, any license to carry
11 or possess a pistol or revolver, issued at any time pursuant to this
12 section or prior to the first day of July, nineteen hundred sixty-three
13 and not limited to expire on an earlier date fixed in the license, shall
14 expire not more than [five] two years after the date of issuance; howev-
15 er, in the county of Westchester, any such license shall be certified
16 prior to the first day of April, two thousand, in accordance with a
17 schedule to be contained in regulations promulgated by the commissioner
18 of the division of criminal justice services, and every such license
19 shall be recertified every [five] two years thereafter. For purposes of
20 this section certification shall mean that the licensee shall provide to
21 the licensing officer the following information only: current name,
22 date of birth, current address, and the make, model, caliber and serial
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05340-02-3
S. 1796--A 2
1 number of all firearms currently possessed. Such certification informa-
2 tion shall be filed by the licensing officer in the same manner as an
3 amendment. Elsewhere than in the city of New York and the counties of
4 Nassau, Suffolk and Westchester, any license to carry or possess a
5 pistol or revolver, issued at any time pursuant to this section or prior
6 to the first day of July, nineteen hundred sixty-three and not previous-
7 ly revoked or cancelled, shall be in force and effect until revoked as
8 herein provided. Elsewhere than in the city of New York, counties of
9 Nassau, Suffolk or Westchester, any license to carry or possess a pistol
10 or revolver, issued at any time pursuant to this section or prior to the
11 first day of July, nineteen hundred sixty-three and not limited to
12 expire on an earlier date fixed in the license, shall expire not more
13 than two years after the date of issuance. Any license not previously
14 cancelled or revoked shall remain in full force and effect for thirty
15 days beyond the stated expiration date on such license. Any application
16 to renew a license that has not previously expired, been revoked or
17 cancelled shall thereby extend the term of the license until disposition
18 of the application by the licensing officer. In the case of a license
19 for gunsmith or dealer in firearms, in counties having a population of
20 less than two hundred thousand inhabitants, photographs and fingerprints
21 shall be submitted on original applications and upon renewal thereafter
22 only at [six] two year intervals. Upon satisfactory proof that a
23 currently valid original license has been despoiled, lost or otherwise
24 removed from the possession of the licensee and upon application
25 containing an additional photograph of the licensee, the licensing offi-
26 cer shall issue a duplicate license.
27 § 2. Subdivision 10 of section 400.00 of the penal law, as amended by
28 chapter 1 of the laws of 2013, is amended to read as follows:
29 10. License: expiration, certification and renewal. (a) Any license
30 for gunsmith or dealer in firearms and, in the city of New York, any
31 license to carry or possess a pistol or revolver, issued at any time
32 pursuant to this section or prior to the first day of July, nineteen
33 hundred sixty-three and not limited to expire on an earlier date fixed
34 in the license, shall expire not more than [three] two years after the
35 date of issuance. In the counties of Nassau, Suffolk and Westchester,
36 any license to carry or possess a pistol or revolver, issued at any time
37 pursuant to this section or prior to the first day of July, nineteen
38 hundred sixty-three and not limited to expire on an earlier date fixed
39 in the license, shall expire not more than [five] two years after the
40 date of issuance; however, in the county of Westchester, any such
41 license shall be certified prior to the first day of April, two thou-
42 sand, in accordance with a schedule to be contained in regulations
43 promulgated by the commissioner of the division of criminal justice
44 services, and every such license shall be recertified every [five] two
45 years thereafter. For purposes of this section certification shall mean
46 that the licensee shall provide to the licensing officer the following
47 information only: current name, date of birth, current address, and the
48 make, model, caliber and serial number of all firearms currently
49 possessed. Such certification information shall be filed by the licens-
50 ing officer in the same manner as an amendment. Elsewhere than in the
51 city of New York and the counties of Nassau, Suffolk and Westchester,
52 any license to carry or possess a pistol or revolver, issued at any time
53 pursuant to this section or prior to the first day of July, nineteen
54 hundred sixty-three and not previously revoked or cancelled, shall be in
55 force and effect until revoked as herein provided. Elsewhere than in
56 the city of New York, counties of Nassau, Suffolk or Westchester, any
S. 1796--A 3
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 two years after the date of
5 issuance. Any license not previously cancelled or revoked shall remain
6 in full force and effect for thirty days beyond the stated expiration
7 date on such license. Any application to renew a license that has not
8 previously expired, been revoked or cancelled shall thereby extend the
9 term of the license until disposition of the application by the licens-
10 ing officer. In the case of a license for gunsmith or dealer in
11 firearms, in counties having a population of less than two hundred thou-
12 sand inhabitants, photographs and fingerprints shall be submitted on
13 original applications and upon renewal thereafter [only] at [six] two
14 year intervals. Upon satisfactory proof that a currently valid original
15 license has been despoiled, lost or otherwise removed from the
16 possession of the licensee and upon application containing an additional
17 photograph of the licensee, the licensing officer shall issue a dupli-
18 cate license.
19 (b) All licensees shall be recertified to the division of state police
20 every [five] two years thereafter. Any license issued before the effec-
21 tive date of [the] chapter one of the laws of two thousand thirteen
22 which added this paragraph shall be recertified by the licensee on or
23 before January thirty-first, two thousand [eighteen] fifteen, and not
24 less than one year prior to such date, the state police shall send a
25 notice to all license holders who have not recertified by such time.
26 Such recertification shall be in a form as approved by the superinten-
27 dent of state police, which shall request the license holder's name,
28 date of birth, gender, race, residential address, social security
29 number, firearms possessed by such license holder, email address at the
30 option of the license holder and an affirmation that such license holder
31 is not prohibited from possessing firearms. The form may be in an elec-
32 tronic form if so designated by the superintendent of state police.
33 Failure to recertify shall act as a revocation of such license. If the
34 New York state police discover as a result of the recertification proc-
35 ess that a licensee failed to provide a change of address, the New York
36 state police shall not require the licensing officer to revoke such
37 license.
38 § 3. This act shall take effect immediately; provided, however that
39 section two of this act shall take effect on the same date and in the
40 same manner as section 48 of chapter 1 of the laws of 2013, takes
41 effect.
