NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6140
SPONSOR: Butler (MS) TITLE OF BILL: 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 procedure 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
PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to reestablish the rights of law abiding citizens' in
rural and suburban areas of the state by limiting the application of the
SAFE Act to Kings, Queens, Richmond, New York, and the Bronx
SUMMARY OF PROVISIONS:
Sections 1: Amends subdivision 2-a of Section 330.20 of Criminal Proce-
dure Law relating to firearm, rifle and shotgun surrender orders to
apply only within the counties of Kings, Queens, Richmond, New York, and
the Bronx.
Section 2: Amends Section 380.96 of Criminal Procedure Law relating to a
sentencing court's obligation to seize firearms, shotguns and rifles and
demand surrender of pistol permit license to apply only within the coun-
ties of Kings, Queens, Richmond, New York, and the Bronx.
Sections 3, 4, 5, 6, 7, 8, 9 and 10 Amend the Family Court Act relating
to mandatory and permissive suspension of firearm licenses to apply only
within the counties of Kings, Queens, Richmond, New York, and the Bronx.
Section 11: amends Domestic Relations Law regarding firearm suspension,
revocation and surrender to apply only within the counties of Kings,
Queens, Richmond, New York, and the Bronx.
Sections 12, 13, 14: Amend Criminal Procedure Law relating to suspension
and ineligibility of firearm licenses and firearm surrender to apply
only within the counties of Kings, Queens, Richmond, New York, and the
Bronx.
Sections 15 and 16: Amends Article 39-DDD of General Business Law which
extends the requirement for a federal NICS background check to private
sales of firearms, rifles and shotguns to apply only within the counties
of, Kings, Queens, Richmond, New York, and the Bronx.
Section 17: Amends Judiciary Law relating to transmission of records to
apply only within the counties of Kings, Queens, Richmond, New York, and
the Bronx.
Section 18: Amends Mental Hygiene Law relating to certain record
collection and transmission to DCJS to apply only within the counties of
Kings, Queens, Richmond, New York, and the Bronx.
Section 19: amends Section 9.46 of Mental Hygiene Law relating to
reporting requirements by mental health professionals of persons under
their care to apply only within the counties of Kings, Queens, Richmond,
New York, and the Bronx.
Section 20: Amends subdivision 22 of Section 265.00 of Penal Law to
replace the definition of assault weapon in all counties (except Kings,
Queens, Richmond, New York, and the Bronx ) with the assault weapon
definition in effect prior to enactment of the SAFE Act.
Section 21: Amends subdivision 23 of Section 23 of Penal Law relating to
the definition of large capacity ammunition feeding device to exclude
ammunition feeding devices manufactured prior to September 30, 1994 from
its definition.
Section 22: Amends Section 265.00 of Penal Law relating to the defi-
nition of "seller of ammunition" to apply only within the counties of
Kings, Queens, Richmond, New York, and the Bronx.
Sections 23 and 24: Amends Sections 265.01-b and 265.20 of Penal Law
relating to the penalty for failing to register an assault weapon to
apply only within the counties of Kings, Queens, Richmond, New York, and
the Bronx.
Section 25: Amends Section 265.36 of Penal Law relating to criminalizing
the knowing possession of a large capacity ammunition feeding device
manufactured prior to September 13, 1994, to apply only within the coun-
ties of Kings, Queens, Richmond, New York, and the Bronx.
Section 26: Amends Section 265.37 of Penal Law relating to knowingly
possessing certain ammunition feeding devices to apply only within the
counties of Kings, Queens, Richmond, New York, and the Bronx.
Section 27: Amends Section 265.45 of Penal Law relating to the storage a
weapons in a household and making these weapons inaccessible to certain
family members to apply only within the counties of Kings, Queens, Rich-
mond, New York, and the Bronx.
Section 28: Amends Section 400.00 of Penal Law relating to specified
pistol permit eligibility provisions to apply only within the counties
of Kings, Queens, Richmond, New York, and the Bronx.
Section 29: Amends Section 400.00 of Penal Law ) removes pistol permit
recertification requirement for all counties except Kings, Queens, Rich-
mond, New York, Bronx, Nassau, Suffolk and Westchester. These counties
will continue to be subject to the pistol permit renewal/recertification
requirements that were in place prior to SAFE Act enactment.
Section 30: Amends Section 400.00 of Penal Law relating to assault weap-
on registration requirements and penalty for failure to register to
apply only within the counties of Kings, Queens, Richmond, New York, and
the Bronx.
Section 31: Repeals Section 400.02 of the Penal Law - the Statewide
License and Record Database.
Section 32: Amends section 400.03 of Penal Law relating to ammunition
purchases which requires background checks, record keeping requirements
and all sales to be made in person, to apply only within the counties of
Kings, Queens, Richmond, New York, and the Bronx.
Section 33: Amends Section 400.10 of Penal Law relating to gun dealer
theft/loss reporting requirements to apply only within the counties of
Kings, Queens, Richmond, New York, and the Bronx. Makes the failure to
report such theft/loss punishable by a civil fine not to exceed $100
instead of a class A misdemeanor.
Section 34: Amends Section 2509 of the Surrogate's Court Procedure Act
relating to filing requirements of all firearms, rifles or shotguns that
are part of an estate to apply only within counties of Kings, Queens,
Richmond, New York, and the Bronx.
Section 35: Effective Date.
JUSTIFICATION:
As the implementation of the NY SAFE Act has progressed, it has become
clear that the law infringes on the rights of lawful gun owners. From a
memorandum of understanding acknowledging the pistol permit database
cannot be established, to a court case that struck down the seven-round
load limit, the evidence is all around us that the law needs to be
repealed.
As the recent minimum wage agreement pointed out, the diversity of New
York State demands that laws are tailored to accommodate each region.
There are some areas of the State, especially in our upstate rural Areas
and suburban, where it is not practical to keep firearms out of the
hands of homeowners who would have to wait extended periods for law
enforcement to arrive at their home for protection.
In an attempt to remedy this situation, this bill repeals provisions of
the SAFE Act that would limit access to firearms in areas outside of New
York City. While the ultimate goal should be a full repeal of the SAFE
Act, this legislation recognizes that the SAFE Act is specifically harm-
ful to the rural and suburban areas of our State.
PRIOR LEGISLATIVE HISTORY:
A.10354/S.7897- referred to Codes 2016
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Positive to the State
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6140
2017-2018 Regular Sessions
IN ASSEMBLY
February 23, 2017
___________
Introduced by M. of A. BUTLER, KOLB, BARCLAY, BYRNE, CROUCH, ERRIGO,
FRIEND, GIGLIO, GRAF, HAWLEY, LALOR, McLAUGHLIN, B. MILLER, MORINELLO,
MURRAY, NORRIS, OAKS, PALMESANO -- Multi-Sponsored by -- M. of A.
M. L. MILLER, WALSH -- read once and referred to the Committee on
Codes
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
14 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
15 subdivision six of section 400.05 of the penal law.
16 § 2. Section 380.96 of the criminal procedure law, as added by chapter
17 1 of the laws of 2013, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04769-06-7
A. 6140 2
1 § 380.96 Obligation of sentencing court in certain counties pursuant to
2 article four hundred of the penal law.
3 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
4 upon judgment of conviction of any offense which would require the
5 seizure of firearms, shotguns or rifles from an individual so convicted,
6 and the revocation of any license or registration issued pursuant to
7 article four hundred of the penal law, the judge pronouncing sentence
8 shall demand surrender of any such license or registration and all
9 firearms, shotguns and rifles. The failure to so demand surrender shall
10 not effect the validity of any revocation pursuant to article four
11 hundred of the penal law.
12 § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
13 as amended by chapter 1 of the laws of 2013, are amended to read as
14 follows:
15 1. [Suspension] Mandatory and permissive suspension of firearms
16 license and ineligibility for such a license upon the issuance of a
17 temporary order of protection. Whenever a temporary order of protection
18 is issued pursuant to section eight hundred twenty-eight of this arti-
19 cle, or in the counties of Kings, Queens, Richmond, New York and Bronx,
20 pursuant to article four, five, six, seven or ten of this act:
21 (a) the court shall suspend any such existing license possessed by the
22 respondent, order the respondent ineligible for such a license, and
23 order the immediate surrender [pursuant to subparagraph (f) of paragraph
24 one of subdivision a of section 265.20 and subdivision six of section
25 400.05 of the penal law,] of any or all firearms owned or possessed
26 where the court receives information that gives the court good cause to
27 believe that: (i) the respondent has a prior conviction of any violent
28 felony offense as defined in section 70.02 of the penal law; (ii) the
29 respondent has previously been found to have willfully failed to obey a
30 prior order of protection and such willful failure involved (A) the
31 infliction of physical injury, as defined in subdivision nine of section
32 10.00 of the penal law, (B) the use or threatened use of a deadly weapon
33 or dangerous instrument as those terms are defined in subdivisions
34 twelve and thirteen of section 10.00 of the penal law, or (C) behavior
35 constituting any violent felony offense as defined in section 70.02 of
36 the penal law; or (iii) the respondent has a prior conviction for stalk-
37 ing in the first degree as defined in section 120.60 of the penal law,
38 stalking in the second degree as defined in section 120.55 of the penal
39 law, stalking in the third degree as defined in section 120.50 of the
40 penal law or stalking in the fourth degree as defined in section 120.45
41 of such law; and
42 (b) the court may and, in the counties of Kings, Queens, Richmond, New
43 York and Bronx, shall where the court finds a substantial risk that the
44 respondent may use or threaten to use a firearm unlawfully against the
45 person or persons for whose protection the temporary order of protection
46 is issued, suspend any such existing license possessed by the respond-
47 ent, order the respondent ineligible for such a license, and order the
48 immediate surrender [pursuant to subparagraph (f) of paragraph one of
49 subdivision a of section 265.20 and subdivision six of section 400.05 of
50 the penal law,] of any or all firearms owned or possessed.
51 2. [Revocation] Mandatory and permissive revocation or suspension of
52 firearms license and ineligibility for such a license upon the issuance
53 of an order of protection. Whenever an order of protection is issued
54 pursuant to section eight hundred forty-one of this part, or in the
55 county of Kings, Queens, Richmond, New York or Bronx, pursuant to arti-
56 cle four, five, six, seven or ten of this act:
A. 6140 3
1 (a) the court shall revoke any such existing license possessed by the
2 respondent, order the respondent ineligible for such a license, and
3 order the immediate surrender [pursuant to subparagraph (f) of paragraph
4 one of subdivision a of section 265.20 and subdivision six of section
5 400.05 of the penal law,] of any or all firearms owned or possessed
6 where the court finds that the conduct which resulted in the issuance of
7 the order of protection involved (i) the infliction of serious physical
8 injury, as defined in subdivision [nine] ten of section 10.00 of the
9 penal law, (ii) the use or threatened use of a deadly weapon or danger-
10 ous instrument as those terms are defined in subdivisions twelve and
11 thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
12 ing any violent felony offense as defined in section 70.02 of the penal
13 law; and
14 (b) the court may and, in the counties of Kings, Queens, Richmond, New
15 York and Bronx, shall, where the court finds a substantial risk that the
16 respondent may use or threaten to use a firearm unlawfully against the
17 person or persons for whose protection the order of protection is
18 issued, (i) revoke any such existing license possessed by the respond-
19 ent, order the respondent ineligible for such a license and order the
20 immediate surrender [pursuant to subparagraph (f) of paragraph one of
21 subdivision a of section 265.20 and subdivision six of section 400.05 of
22 the penal law,] of any or all firearms owned or possessed or (ii)
23 suspend or continue to suspend any such existing license possessed by
24 the respondent, order the respondent ineligible for such a license, and
25 order the immediate surrender [pursuant to subparagraph (f) of paragraph
26 one of subdivision a of section 265.20 and subdivision six of section
27 400.05 of the penal law,] of any or all firearms owned or possessed.
28 3. [Revocation] Mandatory and permissive revocation or suspension of
29 firearms license and ineligibility for such a license upon a finding of
30 a willful failure to obey an order of protection or, in the county of
31 Kings, Queens, Richmond, New York or Bronx, temporary order of
32 protection. Whenever a respondent has been found, pursuant to section
33 eight hundred forty-six-a of this part to have willfully failed to obey
34 an order of protection or temporary order of protection issued [pursuant
35 to this act or the domestic relations law, or] by this court or by a
36 court of competent jurisdiction in another state, territorial or tribal
37 jurisdiction, in addition to any other remedies available pursuant to
38 section eight hundred forty-six-a of this part:
39 (a) the court shall revoke any such existing license possessed by the
40 respondent, order the respondent ineligible for such a license, and
41 order the immediate surrender [pursuant to subparagraph (f) of paragraph
42 one of subdivision a of section 265.20 and subdivision six of section
43 400.05 of the penal law,] of any or all firearms owned or possessed
44 where the willful failure to obey such order involves (i) the infliction
45 of serious physical injury, as defined in subdivision [nine] ten of
46 section 10.00 of the penal law, (ii) the use or threatened use of a
47 deadly weapon or dangerous instrument as those terms are defined in
48 subdivisions twelve and thirteen of section 10.00 of the penal law, or
49 (iii) behavior constituting any violent felony offense as defined in
50 section 70.02 of the penal law; or (iv) behavior constituting stalking
51 in the first degree as defined in section 120.60 of the penal law,
52 stalking in the second degree as defined in section 120.55 of the penal
53 law, stalking in the third degree as defined in section 120.50 of the
54 penal law or stalking in the fourth degree as defined in section 120.45
55 of such law; and
A. 6140 4
1 (b) the court may and, in the counties of Kings, Queens, Richmond, New
2 York and Bronx, shall where the court finds a substantial risk that the
3 respondent may use or threaten to use a firearm unlawfully against the
4 person or persons for whose protection the order of protection was
5 issued, (i) revoke any such existing license possessed by the respond-
6 ent, order the respondent ineligible for such a license, whether or not
7 the respondent possesses such a license, and order the immediate surren-
8 der [pursuant to subparagraph (f) of paragraph one of subdivision a of
9 section 265.20 and subdivision six of section 400.05 of the penal law,]
10 of any or all firearms owned or possessed or (ii) suspend any such
11 existing license possessed by the respondent, order the respondent inel-
12 igible for such a license, and order the immediate surrender of any or
13 all firearms owned or possessed.
14 § 4. Section 846-a of the family court act, as amended by chapter 1 of
15 the laws of 2013, is amended to read as follows:
16 § 846-a. Powers on failure to obey order. If a respondent is brought
17 before the court for failure to obey any lawful order issued under this
18 article or an order of protection or, in the county of Kings, Queens,
19 Richmond, New York or Bronx, temporary order of protection issued
20 [pursuant to this act or issued] by a court of competent jurisdiction of
21 another state, territorial or tribal jurisdiction and if, after hearing,
22 the court is satisfied by competent proof that the respondent has will-
23 fully failed to obey any such order, the court may modify an existing
24 order or, in the county of Kings, Queens, Richmond, New York or Bronx,
25 temporary order of protection to add reasonable conditions of behavior
26 to the existing order, make a new order of protection in accordance with
27 section eight hundred forty-two of this part, may order the forfeiture
28 of bail in a manner consistent with article five hundred forty of the
29 criminal procedure law if bail has been ordered pursuant to this act,
30 may order the respondent to pay the petitioner's reasonable and neces-
31 sary counsel fees in connection with the violation petition where the
32 court finds that the violation of its order was willful, and may commit
33 the respondent to jail for a term not to exceed six months. Such commit-
34 ment may be served upon certain specified days or parts of days as the
35 court may direct, and the court may, at any time within the term of such
36 sentence, revoke such suspension and commit the respondent for the
37 remainder of the original sentence, or suspend the remainder of such
38 sentence. If the court determines that the willful failure to obey such
39 order involves violent behavior constituting the crimes of menacing,
40 reckless endangerment, assault or attempted assault and if such a
41 respondent is licensed to carry, possess, repair and dispose of firearms
42 pursuant to section 400.00 of the penal law, the court may also imme-
43 diately revoke such license and may arrange for the immediate surrender
44 [pursuant to subparagraph (f) of paragraph one of subdivision a of
45 section 265.20 and subdivision six of section 400.05 of the penal law,]
46 and disposal of any firearm such respondent owns or possesses. If the
47 willful failure to obey such order involves the infliction of serious
48 physical injury as defined in subdivision [nine] ten of section 10.00 of
49 the penal law or the use or threatened use of a deadly weapon or danger-
50 ous instrument, as those terms are defined in subdivisions twelve and
51 thirteen of section 10.00 of the penal law, such revocation and 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 six] and disposal of any firearm owned or possessed by
55 respondent shall be mandatory, pursuant to subdivision eleven of section
56 400.00 of the penal law.
A. 6140 5
1 § 5. Section 446-a of the family court act, as added by chapter 1 of
2 the laws of 2013, is amended to read as follows:
3 § 446-a. Firearms; surrender and license suspension, revocation and
4 ineligibility; certain counties. [Upon] In the counties of Kings,
5 Queens, Richmond, New York and Bronx, upon the issuance of an order of
6 protection or temporary order of protection, or upon a violation of such
7 order, the court shall make a determination regarding the suspension and
8 revocation of a license to carry, possess, repair or dispose of a
9 firearm or firearms, ineligibility for such a license and the surrender
10 of firearms in accordance with section eight hundred forty-two-a of this
11 act.
12 § 6. Section 552 of the family court act, as added by chapter 1 of the
13 laws of 2013, is amended to read as follows:
14 § 552. Firearms; surrender and license suspension, revocation and
15 ineligibility; certain counties. [Upon] In the counties of Kings,
16 Queens, Richmond, New York and Bronx, upon the issuance of an order of
17 protection or temporary order of protection, or upon a violation of such
18 order, the court shall make a determination regarding the suspension and
19 revocation of a license to carry, possess, repair or dispose of a
20 firearm or firearms, ineligibility for such a license and the surrender
21 of firearms in accordance with section eight hundred forty-two-a of this
22 act.
23 § 7. Section 656-a of the family court act, as added by chapter 1 of
24 the laws of 2013, is amended to read as follows:
25 § 656-a. Firearms; surrender and license suspension, revocation and
26 ineligibility; certain counties. [Upon] In the counties of Kings,
27 Queens, Richmond, New York and Bronx, upon the issuance of an order of
28 protection or temporary order of protection, or upon a violation of such
29 order, the court shall make a determination regarding the suspension and
30 revocation of a license to carry, possess, repair or dispose of a
31 firearm or firearms, ineligibility for such a license and the surrender
32 of firearms in accordance with section eight hundred forty-two-a of this
33 act.
34 § 8. Section 780-a of the family court act, as added by chapter 1 of
35 the laws of 2013, is amended to read as follows:
36 § 780-a. Firearms; surrender and license suspension, revocation and
37 ineligibility; certain counties. [Upon] In the counties of Kings,
38 Queens, Richmond, New York and Bronx, upon the issuance of an order of
39 protection or temporary order of protection, or upon a violation of such
40 order, the court shall make a determination regarding the suspension and
41 revocation of a license to carry, possess, repair or dispose of a
42 firearm or firearms, ineligibility for such a license and the surrender
43 of firearms in accordance with section eight hundred forty-two-a of this
44 act.
45 § 9. Section 1056-a of the family court act, as added by chapter 1 of
46 the laws of 2013, is amended to read as follows:
47 § 1056-a. Firearms; surrender and license suspension, revocation and
48 ineligibility; certain counties. [Upon] In the counties of Kings,
49 Queens, Richmond, New York and Bronx, upon the issuance of an order of
50 protection or temporary order of protection, or upon a violation of such
51 order, the court shall make an order in accordance with section eight
52 hundred forty-two-a of this act.
53 § 10. Paragraph h of subdivision 3 of section 240 of the domestic
54 relations law, as amended by chapter 1 of the laws of 2013, is amended
55 to read as follows:
A. 6140 6
1 h. Upon issuance of an order of protection or temporary order of
2 protection or upon a violation of such order, the court may and, in the
3 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
4 determination regarding the suspension and revocation of a license to
5 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
6 ity for such a license and the surrender of firearms in accordance with
7 sections eight hundred forty-two-a and eight hundred forty-six-a of the
8 family court act, as applicable. Upon issuance of an order of protection
9 pursuant to this section or upon a finding of a violation thereof, the
10 court also may direct payment of restitution in an amount not to exceed
11 ten thousand dollars in accordance with subdivision (e) of section eight
12 hundred forty-one of such act; provided, however, that in no case shall
13 an order of restitution be issued where the court determines that the
14 party against whom the order would be issued has already compensated the
15 injured party or where such compensation is incorporated in a final
16 judgment or settlement of the action.
17 § 11. Subdivision 9 of section 252 of the domestic relations law, as
18 amended by chapter 1 of the laws of 2013, is amended to read as follows:
19 9. Upon issuance of an order of protection or temporary order of
20 protection or upon a violation of such order, the court may and, in the
21 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
22 determination regarding the suspension and revocation of a license to
23 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
24 ity for such a license and the surrender of firearms in accordance with
25 sections eight hundred forty-two-a and eight hundred forty-six-a of the
26 family court act, as applicable. Upon issuance of an order of protection
27 pursuant to this section or upon a finding of a violation thereof, the
28 court also may direct payment of restitution in an amount not to exceed
29 ten thousand dollars in accordance with subdivision (e) of section eight
30 hundred forty-one of such act; provided, however, that in no case shall
31 an order of restitution be issued where the court determines that the
32 party against whom the order would be issued has already compensated the
33 injured party or where such compensation is incorporated in a final
34 judgment or settlement of the action.
35 § 12. The opening paragraph and paragraph (b) of subdivision 1 of
36 section 530.14 of the criminal procedure law, as amended by chapter 1 of
37 the laws of 2013, are amended to read as follows:
38 [Suspension] Mandatory and permissive suspension of firearms license
39 and ineligibility for such a license upon issuance of temporary order of
40 protection. Whenever a temporary order of protection is issued pursuant
41 to subdivision one of section 530.12 or subdivision one of section
42 530.13 of this article:
43 (b) the court may and, in the counties of Kings, Queens, Richmond, New
44 York and Bronx, shall where the court finds a substantial risk that the
45 defendant may use or threaten to use a firearm unlawfully against the
46 person or persons for whose protection the temporary order of protection
47 is issued, suspend any such existing license possessed by the defendant,
48 order the defendant ineligible for such a license and order the immedi-
49 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
50 sion a of section 265.20 and subdivision six of section 400.05 of the
51 penal law,] of any or all firearms owned or possessed.
52 § 13. The opening paragraph and paragraph (b) of subdivision 2 of
53 section 530.14 of the criminal procedure law, as amended by chapter 1 of
54 the laws of 2013, are amended to read as follows:
55 [Revocation] Mandatory and permissive revocation or suspension of
56 firearms license and ineligibility for such a license upon issuance of
A. 6140 7
1 an order of protection. Whenever an order of protection is issued pursu-
2 ant to subdivision five of section 530.12 or subdivision four of section
3 530.13 of this article:
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 defendant may use or threaten to use a firearm unlawfully against the
7 person or persons for whose protection the order of protection is
8 issued, (i) revoke any such existing license possessed by the defendant,
9 order the defendant ineligible for such a license and order the immedi-
10 ate surrender of any or all firearms owned or possessed or (ii) suspend
11 or continue to suspend any such existing license possessed by the
12 defendant, order the defendant ineligible for such a license and order
13 the immediate surrender [pursuant to subparagraph (f) of paragraph one
14 of subdivision a of section 265.20 and subdivision six of section 400.05
15 of the penal law,] of any or all firearms owned or possessed.
16 § 14. The opening paragraph and paragraph (b) of subdivision 3 of
17 section 530.14 of the criminal procedure law, as amended by chapter 1 of
18 the laws of 2013, are amended to read as follows:
19 [Revocation] Mandatory and permissive revocation or suspension of
20 firearms license and ineligibility for such a license upon a finding of
21 a willful failure to obey an order of protection. Whenever a defendant
22 has been found pursuant to subdivision eleven of section 530.12 or
23 subdivision eight of section 530.13 of this article to have willfully
24 failed to obey an order of protection issued by a court of competent
25 jurisdiction in this state or another state, territorial or tribal
26 jurisdiction, in addition to any other remedies available pursuant to
27 subdivision eleven of section 530.12 or subdivision eight of section
28 530.13 of this article:
29 (b) the court may and, in the counties of Kings, Queens, Richmond, New
30 York and Bronx, shall where the court finds a substantial risk that the
31 defendant may use or threaten to use a firearm unlawfully against the
32 person or persons for whose protection the order of protection was
33 issued, (i) revoke any such existing license possessed by the defendant,
34 order the defendant ineligible for such a license and order the immedi-
35 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
36 sion a of section 265.20 and subdivision six of section 400.05 of the
37 penal law,] of any or all firearms owned or possessed or (ii) suspend
38 any such existing license possessed by the defendant, order the defend-
39 ant ineligible for such a license and order the immediate surrender
40 [pursuant to subparagraph (f) of paragraph one of subdivision a of
41 section 265.20 and subdivision six of section 400.05 of the penal law,]
42 of any or all firearms owned or possessed.
43 § 15. The article heading of article 39-DDD of the general business
44 law, as added by chapter 1 of the laws of 2013, is amended to read as
45 follows:
46 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
47 IN CERTAIN COUNTIES
48 § 16. Subdivision 1 of section 898 of the general business law, as
49 added by chapter 1 of the laws of 2013, is amended to read as follows:
50 1. In addition to any other requirements pursuant to state and federal
51 law, all sales, exchanges or disposals of firearms, rifles or shotguns,
52 in the counties of Kings, Queens, Richmond, New York and Bronx, shall be
53 conducted in accordance with this section unless such sale, exchange or
54 disposal is conducted by a licensed importer, licensed manufacturer or
55 licensed dealer, as those terms are defined in 18 USC § 922, when such
56 sale, exchange or disposal is conducted pursuant to that person's feder-
A. 6140 8
1 al firearms license or such sale, exchange or disposal is between
2 members of an immediate family. For purposes of this section, "immediate
3 family" shall mean spouses, domestic partners, children and step-chil-
4 dren.
5 § 17. Paragraph (q) of subdivision 2 of section 212 of the judiciary
6 law, as amended by chapter 1 of the laws of 2013, is amended to read as
7 follows:
8 (q) Adopt rules to require transmission, to the criminal justice
9 information services division of the federal bureau of investigation or
10 to the division of criminal justice services, of the name and other
11 identifying information of each person who has a guardian appointed for
12 him or her pursuant to any provision of state law, based on a determi-
13 nation that as a result of marked subnormal intelligence, mental
14 illness, incapacity, condition or disease, he or she lacks the mental
15 capacity to contract or manage his or her own affairs. Any such records,
16 relating to persons residing in the county of Kings, Queens, Richmond,
17 New York or Bronx, transmitted directly to the federal bureau of inves-
18 tigation must also be transmitted to the division of criminal justice
19 services[, and any records received by the division of criminal justice
20 services pursuant to this paragraph may be checked against the statewide
21 license and record database].
22 § 18. Subdivision (j) of section 7.09 of the mental hygiene law, as
23 amended by chapter 1 of the laws of 2013, is amended to read as follows:
24 (j) (1) The commissioner, in cooperation with other applicable state
25 agencies, shall collect, retain or modify data or records, and shall
26 transmit such data or records: (i) to the division of criminal justice
27 services, or to the criminal justice information services division of
28 the federal bureau of investigation, for the purposes of responding to
29 queries to the national instant criminal background check system regard-
30 ing attempts to purchase or otherwise take possession of firearms, as
31 defined in 18 USC 921(a)(3), in accordance with applicable federal laws
32 or regulations, or (ii) for persons residing in the county of Kings,
33 Queens, Richmond, New York or Bronx, to the division of criminal justice
34 services, which may re-disclose such data and records only for determin-
35 ing whether a license issued pursuant to section 400.00 of the penal law
36 should be denied, suspended or revoked, under subdivision eleven of such
37 section, or for determining whether a person is no longer permitted
38 under federal or state law to possess a firearm. Such records, which may
39 not be used for any other purpose, shall include only names and other
40 non-clinical identifying information of persons who have been involun-
41 tarily committed to a hospital pursuant to article nine of this chapter,
42 [or section four hundred two or subdivision two of section five hundred
43 eight of the correction law,] or article seven hundred thirty or section
44 330.20 of the criminal procedure law or sections 322.2 or 353.4 of the
45 family court act, or to a secure treatment facility pursuant to article
46 ten of this chapter.
47 (2) The commissioner shall establish within the office of mental
48 health an administrative process to permit a person who has been or may
49 be disqualified from possessing such a firearm pursuant to 18 USC
50 922(4)(d) or who has been or may be disqualified from continuing to have
51 a license to carry, possess, repair, or dispose of a firearm under
52 section 400.00 of the penal law because such person, who resides in the
53 county of Kings, Queens, Richmond, New York or Bronx, was involuntarily
54 committed or civilly confined to a facility under the jurisdiction of
55 the commissioner, to petition for relief from that disability where such
56 person's record and reputation are such that such person will not be
A. 6140 9
1 likely to act in a manner dangerous to public safety and where the
2 granting of the relief would not be contrary to public safety. The
3 commissioner shall promulgate regulations to establish the relief from
4 disabilities program, which shall include, but not be limited to,
5 provisions providing for: (i) an opportunity for a disqualified person
6 to petition for relief in writing; (ii) the authority for the agency to
7 require that the petitioner undergo a clinical evaluation and risk
8 assessment; and (iii) a requirement that the agency issue a decision in
9 writing explaining the reasons for a denial or grant of relief. The
10 denial of a petition for relief from disabilities may be reviewed de
11 novo pursuant to the proceedings under article seventy-eight of the
12 civil practice law and rules.
13 § 19. Subdivision (b) of section 9.46 of the mental hygiene law, as
14 added by chapter 1 of the laws of 2013, is amended to read as follows:
15 (b) Notwithstanding any other law to the contrary, when a mental
16 health professional currently providing treatment services to a person,
17 who resides in the county of Kings, Queens, Richmond, New York or Bronx,
18 determines, in the exercise of reasonable professional judgment, that
19 such person is likely to engage in conduct that would result in serious
20 harm to self or others, he or she shall be required to report, as soon
21 as practicable, to the director of community services, or the director's
22 designee, who shall report to the division of criminal justice services
23 whenever he or she agrees that the person is likely to engage in such
24 conduct. Information transmitted to the division of criminal justice
25 services shall be limited to names and other non-clinical identifying
26 information, which may only be used for determining whether a license
27 issued pursuant to section 400.00 of the penal law should be suspended
28 or revoked, or for determining whether a person is ineligible for a
29 license issued pursuant to section 400.00 of the penal law, or is no
30 longer permitted under state or federal law to possess a firearm.
31 § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
32 chapter 1 of the laws of 2013, is amended to read as follows:
33 22. "Assault weapon" means
34 (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
35 sion, a semiautomatic rifle that has an ability to accept a detachable
36 magazine and has at least two of the following characteristics:
37 (A) a folding or telescoping stock;
38 (B) a pistol grip that protrudes conspicuously beneath the action of
39 the weapon;
40 (C) a bayonet mount;
41 (D) a flash suppressor or threaded barrel designed to accommodate a
42 flash suppressor;
43 (E) a grenade launcher; or
44 (ii) a semiautomatic shotgun that has at least two of the following
45 characteristics:
46 (A) a folding or telescoping stock;
47 (B) a pistol grip that protrudes conspicuously beneath the action of
48 the weapon;
49 (C) a fixed magazine capacity in excess of five rounds;
50 (D) an ability to accept a detachable magazine; or
51 (iii) a semiautomatic pistol that has an ability to accept a detacha-
52 ble magazine and has at least two of the following characteristics:
53 (A) an ammunition magazine that attaches to the pistol outside of the
54 pistol grip;
55 (B) a threaded barrel capable of accepting a barrel extender, flash
56 suppressor, forward handgrip, or silencer;
A. 6140 10
1 (C) a shroud that is attached to, or partially or completely encir-
2 cles, the barrel and that permits the shooter to hold the firearm with
3 the nontrigger hand without being burned;
4 (D) a manufactured weight of fifty ounces or more when the pistol is
5 unloaded;
6 (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
7 or
8 (iv) any of the weapons, or functioning frames or receivers of such
9 weapons, or copies or duplicates of such weapons, in any caliber, known
10 as:
11 (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
12 models);
13 (B) Action Arms Israeli Military Industries UZI and Galil;
14 (C) Beretta Ar70 (SC-70);
15 (D) Colt AR-15;
16 (E) Fabrique National FN/FAL, FN/LAR, and FNC;
17 (F) SWD M-10, M-11, M-11/9, and M-12;
18 (G) Steyr AUG;
19 (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
20 (I) revolving cylinder shotguns, such as (or similar to) the Street
21 Sweeper and Striker 12;
22 (v) provided, however, that such term does not include: (A) any rifle,
23 shotgun or pistol that (I) is manually operated by bolt, pump, lever or
24 slide action; (II) has been rendered permanently inoperable; or (III) is
25 an antique firearm as defined in 18 U.S.C. 921(a)(16);
26 (B) a semiautomatic rifle that cannot accept a detachable magazine
27 that holds more than five rounds of ammunition;
28 (C) a semiautomatic shotgun that cannot hold more than five rounds of
29 ammunition in a fixed or detachable magazine;
30 (D) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
31 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
32 manufactured on October first, nineteen hundred ninety-three. The mere
33 fact that a weapon is not listed in Appendix A shall not be construed to
34 mean that such weapon is an assault weapon; or
35 (E) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
36 pistol or any of the weapons defined in paragraph (d) of this subdivi-
37 sion lawfully possessed prior to September fourteenth, nineteen hundred
38 ninety-four; and
39 (b) (i) in the counties of Kings, Queens, Richmond, New York and
40 Bronx, a semiautomatic rifle that has an ability to accept a detachable
41 magazine and has at least one of the following characteristics:
42 [(i)] (A) a folding or telescoping stock;
43 [(ii)] (B) a pistol grip that protrudes conspicuously beneath the
44 action of the weapon;
45 [(iii)] (C) a thumbhole stock;
46 [(iv)] (D) a second handgrip or a protruding grip that can be held by
47 the non-trigger hand;
48 [(v)] (E) a bayonet mount;
49 [(vi)] (F) a flash suppressor, muzzle break, muzzle compensator, or
50 threaded barrel designed to accommodate a flash suppressor, muzzle
51 break, or muzzle compensator;
52 [(vii)] (G) a grenade launcher; or
53 [(b)] (ii) a semiautomatic shotgun that has at least one of the
54 following characteristics:
55 [(i)] (A) a folding or telescoping stock;
56 [(ii)] (B) a thumbhole stock;
A. 6140 11
1 [(iii)] (C) a second handgrip or a protruding grip that can be held by
2 the non-trigger hand;
3 [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
4 [(v)] (E) an ability to accept a detachable magazine; or
5 [(c)] (iii) a semiautomatic pistol that has an ability to accept a
6 detachable magazine and has at least one of the following character-
7 istics:
8 [(i)] (A) a folding or telescoping stock;
9 [(ii)] (B) a thumbhole stock;
10 [(iii)] (C) a second handgrip or a protruding grip that can be held by
11 the non-trigger hand;
12 [(iv)] (D) capacity to accept an ammunition magazine that attaches to
13 the pistol outside of the pistol grip;
14 [(v)] (E) a threaded barrel capable of accepting a barrel extender,
15 flash suppressor, forward handgrip, or silencer;
16 [(vi)] (F) a shroud that is attached to, or partially or completely
17 encircles, the barrel and that permits the shooter to hold the firearm
18 with the non-trigger hand without being burned;
19 [(vii)] (G) a manufactured weight of fifty ounces or more when the
20 pistol is unloaded; or
21 [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
22 firearm;
23 [(d)] (iv) a revolving cylinder shotgun;
24 [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
25 tomatic pistol or weapon defined in former subparagraph (v) of paragraph
26 (e) of subdivision twenty-two of section 265.00 of this chapter as added
27 by chapter one hundred eighty-nine of the laws of two thousand and
28 otherwise lawfully possessed pursuant to such chapter of the laws of two
29 thousand prior to September fourteenth, nineteen hundred ninety-four;
30 [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
31 tomatic pistol or weapon defined in this paragraph or paragraph (a)[,
32 (b) or (c)] of this subdivision, possessed prior to the date of enact-
33 ment of [the] chapter one of the laws of two thousand thirteen which
34 added this paragraph;
35 [(g)] (vii) provided, however, that such term does not include:
36 [(i)] (A) any rifle, shotgun or pistol that [(A)] (I) is manually
37 operated by bolt, pump, lever or slide action; [(B)] (II) has been
38 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
39 defined in 18 U.S.C. 921(a)(16);
40 [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
41 zine that holds more than five rounds of ammunition;
42 [(iii)] (C) a semiautomatic shotgun that cannot hold more than five
43 rounds of ammunition in a fixed or detachable magazine; or
44 [(iv)] (D) a rifle, shotgun or pistol, or a replica or a duplicate
45 thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was
46 manufactured on October first, nineteen hundred ninety-three. The mere
47 fact that a weapon is not listed in Appendix A shall not be construed to
48 mean that such weapon is an assault weapon;
49 [(v)] (E) any weapon validly registered pursuant to subdivision
50 sixteen-a of section 400.00 of this chapter. Such weapons shall be
51 subject to the provisions of [paragraph (h)] subparagraph (viii) of this
52 [subdivision] paragraph;
53 [(vi)] (F) any firearm, rifle, or shotgun that was manufactured at
54 least fifty years prior to the current date, but not including replicas
55 thereof that is validly registered pursuant to subdivision sixteen-a of
56 section 400.00 of this chapter;
A. 6140 12
1 [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
2 (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
3 nition feeding device that was legally possessed by an individual prior
4 to the enactment of [the] chapter one of the laws of two thousand thir-
5 teen which added this paragraph, may only be sold to, exchanged with or
6 disposed of to a purchaser authorized to possess such weapons or to an
7 individual or entity outside of the state provided that any such trans-
8 fer to an individual or entity outside of the state must be reported to
9 the entity wherein the weapon is registered within seventy-two hours of
10 such transfer. An individual who transfers any such weapon or large
11 capacity ammunition device to an individual inside New York state or
12 without complying with the provisions of this paragraph shall be guilty
13 of a class A misdemeanor unless such large capacity ammunition feeding
14 device, the possession of which is made illegal by [the] chapter one of
15 the laws of two thousand thirteen which added this [paragraph] subpara-
16 graph, is transferred within one year of the effective date of [the]
17 chapter one of the laws of two thousand thirteen which added this [para-
18 graph] subparagraph.
19 § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
20 chapter 1 of the laws of 2013, is amended to read as follows:
21 23. "Large capacity ammunition feeding device" means a magazine, belt,
22 drum, feed strip, or similar device, manufactured after September thir-
23 tieth, nineteen hundred ninety-four, that [(a)] has a capacity of, or
24 that can be readily restored or converted to accept, more than ten
25 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
26 tion, or (c) is obtained after the effective date of the chapter of the
27 laws of two thousand thirteen which amended this subdivision and has a
28 capacity of, or that can be readily restored or converted to accept,
29 more than seven rounds of ammunition]; provided, however, that such term
30 does not include an attached tubular device designed to accept, and
31 capable of operating only with, .22 caliber rimfire ammunition [or a
32 feeding device that is a curio or relic. A feeding device that is a
33 curio or relic is defined as a device that (i) was manufactured at least
34 fifty years prior to the current date, (ii) is only capable of being
35 used exclusively in a firearm, rifle, or shotgun that was manufactured
36 at least fifty years prior to the current date, but not including repli-
37 cas thereof, (iii) is possessed by an individual who is not prohibited
38 by state or federal law from possessing a firearm and (iv) is registered
39 with the division of state police pursuant to subdivision sixteen-a of
40 section 400.00 of this chapter, except such feeding devices transferred
41 into the state may be registered at any time, provided they are regis-
42 tered within thirty days of their transfer into the state. Notwithstand-
43 ing paragraph (h) of subdivision twenty-two of this section, such feed-
44 ing devices may be transferred provided that such transfer shall be
45 subject to the provisions of section 400.03 of this chapter including
46 the check required to be conducted pursuant to such section].
47 § 22. Subdivision 24 of section 265.00 of the penal law, as added by
48 chapter 1 of the laws of 2013, is amended to read as follows:
49 24. "Seller of ammunition" means any person, firm, partnership, corpo-
50 ration or company who engages in the business of purchasing, selling or
51 keeping ammunition in the county of Kings, Queens, Richmond, New York or
52 Bronx.
53 § 23. The opening paragraph of section 265.01-b of the penal law, as
54 added by chapter 1 of the laws of 2013, is amended to read as follows:
55 A person is guilty of criminal possession of a firearm when he or she,
56 being a resident of the county of Kings, Queens, Richmond, New York or
A. 6140 13
1 Bronx: (1) possesses any firearm or; (2) lawfully possesses a firearm
2 prior to the effective date of [the] chapter one of the laws of two
3 thousand thirteen which added this section subject to the registration
4 requirements of subdivision sixteen-a of section 400.00 of this chapter
5 and knowingly fails to register such firearm pursuant to such subdivi-
6 sion.
7 § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
8 penal law, paragraph 3 as amended and paragraph 7-f as added by chapter
9 1 of the laws of 2013, are amended to read as follows:
10 3. Possession of a pistol or revolver by a person to whom a license
11 therefor has been issued as provided under section 400.00 or 400.01 of
12 this chapter or possession, in the county of Kings, Queens, Richmond,
13 New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
14 paragraph [(e) or (f)] (b) of subdivision twenty-two of section 265.00
15 of this article which is registered pursuant to paragraph (a) of subdi-
16 vision sixteen-a of section 400.00 of this chapter or is included on an
17 amended license issued pursuant to section 400.00 of this chapter. In
18 the event such license is revoked, other than because such licensee is
19 no longer permitted to possess a firearm, rifle or shotgun under federal
20 or state law, information sufficient to satisfy the requirements of
21 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
22 mitted by the licensing officer to the division of state police, in a
23 form as determined by the superintendent of state police. Such trans-
24 mission shall constitute a valid registration under such section.
25 Further provided, notwithstanding any other section of this title, a
26 failure to register such weapon by an individual, in the county of
27 Kings, Queens, Richmond, New York or Bronx, who possesses such weapon
28 before the enactment of [the] chapter one of the laws of two thousand
29 thirteen which amended this paragraph and may so lawfully possess it
30 thereafter upon registration, shall only be subject to punishment pursu-
31 ant to paragraph (c) of subdivision sixteen-a of section 400.00 of this
32 chapter; provided, that such a license or registration shall not
33 preclude a conviction for the offense defined in subdivision three of
34 section 265.01 of this article or section 265.01-a of this article.
35 7-f. Possession and use of a magazine, belt, feed strip or similar
36 device, in the county of Kings, Queens, Richmond, New York or Bronx,
37 that contains more than seven rounds of ammunition, but that does not
38 have a capacity of or can readily be restored or converted to accept
39 more than ten rounds of ammunition, at an indoor or outdoor firing range
40 located in or on premises owned or occupied by a duly incorporated
41 organization organized for conservation purposes or to foster proficien-
42 cy in arms; at an indoor or outdoor firing range for the purpose of
43 firing a rifle or shotgun; at a collegiate, olympic or target shooting
44 competition under the auspices of or approved by the national rifle
45 association; or at an organized match sanctioned by the International
46 Handgun Metallic Silhouette Association.
47 § 25. The opening paragraph of section 265.36 of the penal law, as
48 added by chapter 1 of the laws of 2013, is amended to read as follows:
49 It shall be unlawful for a person, in the county of Kings, Queens,
50 Richmond, New York or Bronx, to knowingly possess a large capacity ammu-
51 nition feeding device manufactured before September thirteenth, nineteen
52 hundred ninety-four, and if such person lawfully possessed such large
53 capacity feeding device before the effective date of [the] chapter one
54 of the laws of two thousand thirteen which added this section, that has
55 a capacity of, or that can be readily restored or converted to accept,
56 more than ten rounds of ammunition.
A. 6140 14
1 § 26. The opening paragraph of section 265.37 of the penal law, as
2 amended by section 2 of part FF of chapter 57 of the laws of 2013, is
3 amended to read as follows:
4 It shall be unlawful for a person to knowingly possess, in the county
5 of Kings, Queens, Richmond, New York or Bronx, an ammunition feeding
6 device where such device contains more than seven rounds of ammunition.
7 § 27. The opening paragraph of section 265.45 of the penal law, as
8 amended by section 3 of part FF of chapter 57 of the laws of 2013, is
9 amended to read as follows:
10 No person, residing in the county of Kings, Queens, Richmond, New York
11 or Bronx, who owns or is custodian of a rifle, shotgun or firearm who
12 resides with an individual who such person knows or has reason to know
13 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)
14 (1), (4), (8) or (9) shall store or otherwise leave such rifle, shotgun
15 or firearm out of his or her immediate possession or control without
16 having first securely locked such rifle, shotgun or firearm in an appro-
17 priate safe storage depository or rendered it incapable of being fired
18 by use of a gun locking device appropriate to that weapon. For purposes
19 of this section "safe storage depository" shall mean a safe or other
20 secure container which, when locked, is incapable of being opened with-
21 out the key, combination or other unlocking mechanism and is capable of
22 preventing an unauthorized person from obtaining access to and
23 possession of the weapon contained therein. With respect to a person who
24 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
25 for purposes of this section, this section applies only if such person
26 has been convicted of a crime included in subdivision one of section
27 370.15 of the criminal procedure law and such gun is possessed within
28 five years from the later of the date of conviction or completion of
29 sentence. Nothing in this section shall be deemed to affect, impair or
30 supersede any special or local act relating to the safe storage of
31 rifles, shotguns or firearms which impose additional requirements on the
32 owner or custodian of such weapons.
33 § 28. Subdivision 1 of section 400.00 of the penal law, as amended by
34 chapter 1 of the laws of 2013, is amended to read as follows:
35 1. Eligibility. No license shall be issued or renewed pursuant to this
36 section except by the licensing officer, and then only after investi-
37 gation and finding that all statements in a proper application for a
38 license are true. No license shall be issued or renewed except for an
39 applicant (a) twenty-one years of age or older, provided, however, that
40 where such applicant has been honorably discharged from the United
41 States army, navy, marine corps, air force or coast guard, or the
42 national guard of the state of New York, no such age restriction shall
43 apply; (b) of good moral character; (c) who has not been convicted
44 anywhere of a felony or a serious offense; (d) who is not a fugitive
45 from justice; (e) who is not an unlawful user of or addicted to any
46 controlled substance as defined in section 21 U.S.C. 802; (f) who being
47 an alien (i) is not illegally or unlawfully in the United States or (ii)
48 has not been admitted to the United States under a nonimmigrant visa
49 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been
50 discharged from the Armed Forces under dishonorable conditions; (h) who,
51 having been a citizen of the United States, has not renounced his or her
52 citizenship; (i) who has stated whether he or she has ever suffered any
53 mental illness; (j) who, being a resident of the county of Kings,
54 Queens, Richmond, New York or Bronx, has not been involuntarily commit-
55 ted to a facility under the jurisdiction of an office of the department
56 of mental hygiene pursuant to article nine or fifteen of the mental
A. 6140 15
1 hygiene law, article seven hundred thirty or section 330.20 of the crim-
2 inal procedure law, section four hundred two or five hundred eight of
3 the correction law, section 322.2 or 353.4 of the family court act, or
4 has not been civilly confined in a secure treatment facility pursuant to
5 article ten of the mental hygiene law; (k) who has not had a license
6 revoked or who is not under a suspension or ineligibility order issued
7 pursuant to the provisions of section 530.14 of the criminal procedure
8 law or section eight hundred forty-two-a of the family court act; (l) in
9 the county of Westchester, who has successfully completed a firearms
10 safety course and test as evidenced by a certificate of completion
11 issued in his or her name and endorsed and affirmed under the penalties
12 of perjury by a duly authorized instructor, except that: (i) persons who
13 are honorably discharged from the United States army, navy, marine corps
14 or coast guard, or of the national guard of the state of New York, and
15 produce evidence of official qualification in firearms during the term
16 of service are not required to have completed those hours of a firearms
17 safety course pertaining to the safe use, carrying, possession, mainte-
18 nance and storage of a firearm; and (ii) persons who were licensed to
19 possess a pistol or revolver prior to the effective date of this para-
20 graph are not required to have completed a firearms safety course and
21 test; (m) who, being a resident of the county of Kings, Queens, Rich-
22 mond, New York or Bronx, has not had a guardian appointed for him or her
23 pursuant to any provision of state law, based on a determination that as
24 a result of marked subnormal intelligence, mental illness, incapacity,
25 condition or disease, he or she lacks the mental capacity to contract or
26 manage his or her own affairs; and (n) concerning whom no good cause
27 exists for the denial of the license. No person shall engage in the
28 business of gunsmith or dealer in firearms unless licensed pursuant to
29 this section. An applicant to engage in such business shall also be a
30 citizen of the United States, more than twenty-one years of age and
31 maintain a place of business in the city or county where the license is
32 issued. For such business, if the applicant is a firm or partnership,
33 each member thereof shall comply with all of the requirements set forth
34 in this subdivision and if the applicant is a corporation, each officer
35 thereof shall so comply.
36 § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
37 law, as amended by chapter 1 of the laws of 2013, are amended to read as
38 follows:
39 4. Investigation. Before a license is issued or renewed, there shall
40 be an investigation of all statements required in the application by the
41 duly constituted police authorities of the locality where such applica-
42 tion is made[, including but not limited to such records as may be
43 accessible to the division of state police or division of criminal
44 justice services pursuant to section 400.02 of this article]. For that
45 purpose, the records of the appropriate office of the department of
46 mental hygiene concerning previous or present mental illness of the
47 applicant shall be available for inspection by the investigating officer
48 of the police authority. In order to ascertain any previous criminal
49 record, the investigating officer shall take the fingerprints and phys-
50 ical descriptive data in quadruplicate of each individual by whom the
51 application is signed and verified. Two copies of such fingerprints
52 shall be taken on standard fingerprint cards eight inches square, and
53 one copy may be taken on a card supplied for that purpose by the federal
54 bureau of investigation; provided, however, that in the case of a corpo-
55 rate applicant that has already been issued a dealer in firearms license
56 and seeks to operate a firearm dealership at a second or subsequent
A. 6140 16
1 location, the original fingerprints on file may be used to ascertain any
2 criminal record in the second or subsequent application unless any of
3 the corporate officers have changed since the prior application, in
4 which case the new corporate officer shall comply with procedures
5 governing an initial application for such license. When completed, one
6 standard card shall be forwarded to and retained by the division of
7 criminal justice services in the executive department, at Albany. A
8 search of the files of such division and written notification of the
9 results of the search to the investigating officer shall be made without
10 unnecessary delay. Thereafter, such division shall notify the licensing
11 officer and the executive department, division of state police, Albany,
12 of any criminal record of the applicant filed therein subsequent to the
13 search of its files. A second standard card, or the one supplied by the
14 federal bureau of investigation, as the case may be, shall be forwarded
15 to that bureau at Washington with a request that the files of the bureau
16 be searched and notification of the results of the search be made to the
17 investigating police authority. Of the remaining two fingerprint cards,
18 one shall be filed with the executive department, division of state
19 police, Albany, within ten days after issuance of the license, and the
20 other remain on file with the investigating police authority. No such
21 fingerprints may be inspected by any person other than a peace officer,
22 who is acting pursuant to his special duties, or a police officer,
23 except on order of a judge or justice of a court of record either upon
24 notice to the licensee or without notice, as the judge or justice may
25 deem appropriate. Upon completion of the investigation, the police
26 authority shall report the results to the licensing officer without
27 unnecessary delay.
28 5. Filing of approved applications. (a) The application for any
29 license, if granted, shall be filed by the licensing officer with the
30 clerk of the county of issuance, except that in the city of New York
31 and, in the counties of Nassau and Suffolk, the licensing officer shall
32 designate the place of filing in the appropriate division, bureau or
33 unit of the police department thereof, and in the county of Suffolk the
34 county clerk is hereby authorized to transfer all records or applica-
35 tions relating to firearms to the licensing authority of that county.
36 Except as provided in paragraphs (b) through (f) of this subdivision,
37 the name and address of any person to whom an application for any
38 license has been granted shall be a public record. Upon application by a
39 licensee who has changed his place of residence such records or applica-
40 tions shall be transferred to the appropriate officer at the licensee's
41 new place of residence. A duplicate copy of such application shall be
42 filed by the licensing officer in the executive department, division of
43 state police, Albany, within ten days after issuance of the license. The
44 superintendent of state police may designate that such application shall
45 be transmitted to the division of state police electronically. In the
46 event the superintendent of the division of state police determines that
47 it lacks any of the records required to be filed with the division, it
48 may request that such records be provided to it by the appropriate
49 clerk, department or authority and such clerk, department or authority
50 shall provide the division with such records. In the event such clerk,
51 department or authority lacks such records, the division may request the
52 license holder provide information sufficient to constitute such record
53 and such license holder shall provide the division with such informa-
54 tion. Such information shall be limited to the license holder's name,
55 date of birth, gender, race, residential address, social security number
56 and firearms possessed by said license holder. Nothing in this subdivi-
A. 6140 17
1 sion shall be construed to change the expiration date or term of such
2 licenses if otherwise provided for in law. [Records assembled or
3 collected for purposes of inclusion in the database established by this
4 section shall be released pursuant to a court order. Records assembled
5 or collected for purposes of inclusion in the database created pursuant
6 to section 400.02 of this chapter shall not be subject to disclosure
7 pursuant to article six of the public officers law.]
8 (b) Each application for a license pursuant to paragraph (a) of this
9 subdivision shall include, on a separate written form prepared by the
10 division of state police within thirty days of the effective date of
11 [the] chapter one of the laws of two thousand thirteen, which amended
12 this section, and provided to the applicant at the same time and in the
13 same manner as the application for a license, an opportunity for the
14 applicant to request an exception from his or her application informa-
15 tion becoming public record pursuant to paragraph (a) of this subdivi-
16 sion. Such forms, which shall also be made available to individuals who
17 had applied for or been granted a license prior to the effective date of
18 [the] chapter one of the laws of two thousand thirteen which amended
19 this section, shall notify applicants that, upon discovery that an
20 applicant knowingly provided false information, such applicant may be
21 subject to penalties pursuant to section 175.30 of this chapter, and
22 further, that his or her request for an exception shall be null and
23 void, provided that written notice containing such determination is
24 provided to the applicant. Further, such forms shall provide each appli-
25 cant an opportunity to specify the grounds on which he or she believes
26 his or her application information should not be publicly disclosed.
27 These grounds, which shall be identified on the application with a box
28 beside each for checking, as applicable, by the applicant, shall be as
29 follows:
30 (i) the applicant's life or safety may be endangered by disclosure
31 because:
32 (A) the applicant is an active or retired police officer, peace offi-
33 cer, probation officer, parole officer, or corrections officer;
34 (B) the applicant is a protected person under a currently valid order
35 of protection;
36 (C) the applicant is or was a witness in a criminal proceeding involv-
37 ing a criminal charge;
38 (D) the applicant is participating or previously participated as a
39 juror in a criminal proceeding, or is or was a member of a grand jury;
40 or
41 (E) the applicant is a spouse, domestic partner or household member of
42 a person identified in this subparagraph or subparagraph (ii) of this
43 paragraph, specifying which subparagraph or subparagraphs and clauses
44 apply.
45 (ii) the applicant has reason to believe his or her life or safety may
46 be endangered by disclosure due to reasons stated by the applicant.
47 (iii) the applicant has reason to believe he or she may be subject to
48 unwarranted harassment upon disclosure of such information.
49 (c) [Each form provided for recertification pursuant to paragraph (b)
50 of subdivision ten of this section shall include an opportunity for the
51 applicant to request an exception from the information provided on such
52 form becoming public record pursuant to paragraph (a) of this subdivi-
53 sion. Such forms shall notify applicants that, upon discovery that an
54 applicant knowingly provided false information, such applicant may be
55 subject to penalties pursuant to section 175.30 of this chapter, and
56 further, that his or her request for an exception shall be null and
A. 6140 18
1 void, provided that written notice containing such determination is
2 provided to the applicant. Further, such forms shall provide each appli-
3 cant an opportunity to either decline to request the grant or continua-
4 tion of an exception, or specify the grounds on which he or she believes
5 his or her information should not be publicly disclosed. These grounds,
6 which shall be identified in the application with a box beside each for
7 checking, as applicable, by the applicant, shall be the same as provided
8 in paragraph (b) of this subdivision.
9 (d)] Information submitted on the forms described in paragraph (b) of
10 this subdivision shall be excepted from disclosure and maintained by the
11 entity retaining such information separate and apart from all other
12 records.
13 [(e)] (d) (i) Upon receiving a request for exception from disclosure,
14 the licensing officer shall grant such exception, unless the request is
15 determined to be null and void, pursuant to paragraph (b)[ or (c)] of
16 this subdivision.
17 (ii) A request for an exception from disclosure may be submitted at
18 any time, including after a license or recertification has been granted.
19 (iii) If an exception is sought and granted pursuant to paragraph (b)
20 of this subdivision, the application information shall not be public
21 record, unless the request is determined to be null and void.[If an
22 exception is sought and granted pursuant to paragraph (c) of this subdi-
23 vision, the information concerning such recertification application
24 shall not be public record, unless the request is determined to be null
25 and void.]
26 [(f)] (e) The information of licensees or applicants for a license
27 shall not be disclosed to the public during the first one hundred twenty
28 days following the effective date of [the] chapter one of the laws of
29 two thousand thirteen, which amended this section. After such period,
30 the information of those who had applied for or been granted a license
31 prior to the preparation of the form for requesting an exception, pursu-
32 ant to paragraph (b) of this subdivision, may be released only if such
33 individuals did not file a request for such an exception during the
34 first sixty days following such preparation; provided, however, that no
35 information contained in an application for licensure or recertification
36 shall be disclosed by an entity that has not completed processing any
37 such requests received during such sixty days.
38 [(g)] (f) If a request for an exception is determined to be null and
39 void pursuant to paragraph (b) [or (c)] of this subdivision, an appli-
40 cant may request review of such determination pursuant to article seven-
41 ty-eight of the civil practice [laws] law and rules. Such proceeding
42 must commence within thirty days after service of the written notice
43 containing the adverse determination. Notice of the right to commence
44 such a petition, and the time period therefor, shall be included in the
45 notice of the determination. Disclosure following such a petition shall
46 not be made prior to the disposition of such review.
47 10. License: expiration, certification and renewal. [(a)] Any license
48 for gunsmith or dealer in firearms and, in the city of New York, any
49 license to carry or possess a pistol or revolver, issued at any time
50 pursuant to this section or prior to the first day of July, nineteen
51 hundred sixty-three and not limited to expire on an earlier date fixed
52 in the license, shall expire not more than three years after the date of
53 issuance. In the counties of Nassau, Suffolk and Westchester, any
54 license to carry or possess a pistol or revolver, issued at any time
55 pursuant to this section or prior to the first day of July, nineteen
56 hundred sixty-three and not limited to expire on an earlier date fixed
A. 6140 19
1 in the license, shall expire not more than five years after the date of
2 issuance; however, in the county of Westchester, any such license shall
3 be certified prior to the first day of April, two thousand, in accord-
4 ance with a schedule to be contained in regulations promulgated by the
5 commissioner of the division of criminal justice services, and every
6 such license shall be recertified every five years thereafter. For
7 purposes of this section certification shall mean that the licensee
8 shall provide to the licensing officer the following information only:
9 current name, date of birth, current address, and the make, model, cali-
10 ber and serial number of all firearms currently possessed. Such certif-
11 ication information shall be filed by the licensing officer in the same
12 manner as an amendment. Elsewhere than in the city of New York and the
13 counties of Nassau, Suffolk and Westchester, any license to carry or
14 possess a pistol or revolver, issued at any time pursuant to this
15 section or prior to the first day of July, nineteen hundred sixty-three
16 and not previously revoked or cancelled, shall be in force and effect
17 until revoked as herein provided. Any license not previously cancelled
18 or revoked shall remain in full force and effect for thirty days beyond
19 the stated expiration date on such license. Any application to renew a
20 license that has not previously expired, been revoked or cancelled shall
21 thereby extend the term of the license until disposition of the applica-
22 tion by the licensing officer. In the case of a license for gunsmith or
23 dealer in firearms, in counties having a population of less than two
24 hundred thousand inhabitants, photographs and fingerprints shall be
25 submitted on original applications and upon renewal thereafter only at
26 six year intervals. Upon satisfactory proof that a currently valid
27 original license has been despoiled, lost or otherwise removed from the
28 possession of the licensee and upon application containing an additional
29 photograph of the licensee, the licensing officer shall issue a dupli-
30 cate license.
31 [(b) All licensees shall be recertified to the division of state
32 police every five years thereafter. Any license issued before the effec-
33 tive date of the chapter of the laws of two thousand thirteen which
34 added this paragraph shall be recertified by the licensee on or before
35 January thirty-first, two thousand eighteen, and not less than one year
36 prior to such date, the state police shall send a notice to all license
37 holders who have not recertified by such time. Such recertification
38 shall be in a form as approved by the superintendent of state police,
39 which shall request the license holder's name, date of birth, gender,
40 race, residential address, social security number, firearms possessed by
41 such license holder, email address at the option of the license holder
42 and an affirmation that such license holder is not prohibited from
43 possessing firearms. The form may be in an electronic form if so desig-
44 nated by the superintendent of state police. Failure to recertify shall
45 act as a revocation of such license. If the New York state police
46 discover as a result of the recertification process that a licensee
47 failed to provide a change of address, the New York state police shall
48 not require the licensing officer to revoke such license.]
49 11. License: revocation and suspension. (a) The conviction of a licen-
50 see anywhere of a felony or serious offense [or a licensee at any time
51 becoming ineligible to obtain a license under this section] shall oper-
52 ate as a revocation of the license. A license may be revoked or
53 suspended as provided for in section 530.14 of the criminal procedure
54 law or section eight hundred forty-two-a of the family court act. Except
55 for a license issued pursuant to section 400.01 of this article, a
56 license may be revoked and cancelled at any time in the city of New
A. 6140 20
1 York, and in the counties of Nassau and Suffolk, by the licensing offi-
2 cer, and elsewhere than in the city of New York by any judge or justice
3 of a court of record; a license issued pursuant to section 400.01 of
4 this article may be revoked and cancelled at any time by the licensing
5 officer or any judge or justice of a court of record. The official
6 revoking a license shall give written notice thereof without unnecessary
7 delay to the executive department, division of state police, Albany, and
8 shall also notify immediately the duly constituted police authorities of
9 the locality.
10 (b) Whenever the director of community services in the counties of
11 Kings, Queens, Richmond, New York and Bronx, or his or her designee
12 makes a report pursuant to section 9.46 of the mental hygiene law, the
13 division of criminal justice services shall convey such information,
14 whenever it determines that the person named in the report possesses a
15 license issued pursuant to this section, to the appropriate licensing
16 official, who shall issue an order suspending or revoking such license.
17 (c) In any instance in which a person's license is suspended or
18 revoked under paragraph (a) or (b) of this subdivision, such person
19 shall surrender such license to the appropriate licensing official and
20 any and all firearms, rifles, or shotguns owned or possessed by such
21 person shall be surrendered to an appropriate law enforcement agency as
22 provided in subparagraph (f) of paragraph one of subdivision a of
23 section 265.20 of this chapter. In the event such license, firearm,
24 shotgun, or rifle is not surrendered, such items shall be removed and
25 declared a nuisance and any police officer or peace officer acting
26 pursuant to his or her special duties is authorized to remove any and
27 all such weapons.
28 12. Records required of gunsmiths and dealers in firearms. Any person
29 licensed as gunsmith or dealer in firearms shall keep a record book
30 approved as to form, except in the city of New York, by the superinten-
31 dent of state police. In the record book shall be entered at the time of
32 every transaction involving a firearm the date, name, age, occupation
33 and residence of any person from whom a firearm is received or to whom a
34 firearm is delivered, and the calibre, make, model, manufacturer's name
35 and serial number, or if none, any other distinguishing number or iden-
36 tification mark on such firearm. Before delivering a firearm to any
37 person, the licensee shall require him to produce either a license valid
38 under this section to carry or possess the same, or proof of lawful
39 authority as an exempt person pursuant to section 265.20 of this
40 chapter. In addition, before delivering a firearm to a peace officer,
41 the licensee shall verify that person's status as a peace officer with
42 the division of state police. After completing the foregoing, the licen-
43 see shall remove and retain the attached coupon and enter in the record
44 book the date of such license, number, if any, and name of the licensing
45 officer, in the case of the holder of a license to carry or possess, or
46 the shield or other number, if any, assignment and department, unit or
47 agency, in the case of an exempt person. The original transaction report
48 shall be forwarded to the division of state police within ten days of
49 delivering a firearm to any person, and a duplicate copy shall be kept
50 by the licensee. The superintendent of state police may designate that
51 such record shall be completed and transmitted in electronic form. A
52 dealer may be granted a waiver from transmitting such records in elec-
53 tronic form if the superintendent determines that such dealer is incapa-
54 ble of such transmission due to technological limitations that are not
55 reasonably within the control of the dealer, or other exceptional
56 circumstances demonstrated by the dealer, pursuant to a process estab-
A. 6140 21
1 lished in regulation, and at the discretion of the superintendent.
2 [Records assembled or collected for purposes of inclusion in the data-
3 base created pursuant to section 400.02 of this article shall not be
4 subject to disclosure pursuant to article six of the public officers
5 law.] The record book shall be maintained on the premises mentioned and
6 described in the license and shall be open at all reasonable hours for
7 inspection by any peace officer, acting pursuant to his special duties,
8 or police officer. In the event of cancellation or revocation of the
9 license for gunsmith or dealer in firearms, or discontinuance of busi-
10 ness by a licensee, such record book shall be immediately surrendered to
11 the licensing officer in the city of New York, and in the counties of
12 Nassau and Suffolk, and elsewhere in the state to the executive depart-
13 ment, division of state police.
14 § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
15 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
16 the laws of 2013, is amended to read as follows:
17 16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
18 or (f)] subparagraph (v) or (vi) of paragraph (b) of subdivision twen-
19 ty-two of section 265.00 of this chapter, who resides in the county of
20 Kings, Queens, Richmond, New York or Bronx, possessed before the date of
21 the effective date of [the] chapter one of the laws of two thousand
22 thirteen which added this paragraph, must make an application to regis-
23 ter such weapon with the superintendent of state police, in the manner
24 provided by the superintendent, or by amending a license issued pursuant
25 to this section within one year of the effective date of this subdivi-
26 sion except any weapon defined under [subparagraph (vi)] clause (F) of
27 subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-two of
28 section 265.00 of this chapter transferred into the state may be regis-
29 tered at any time, provided such weapons are registered within thirty
30 days of their transfer into the state. Registration information shall
31 include the registrant's name, date of birth, gender, race, residential
32 address, social security number and a description of each weapon being
33 registered. A registration in the county of Kings, Queens, Richmond, New
34 York or Bronx, of any weapon defined under [subparagraph (vi)] clause
35 (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-
36 two of section 265.00 or a feeding device as defined under subdivision
37 twenty-three of section 265.00 of this chapter shall be transferable,
38 provided that the seller notifies the division of state police within
39 seventy-two hours of the transfer and the buyer provides the division of
40 state police with information sufficient to constitute a registration
41 under this section. Such registration shall not be valid if such regis-
42 trant is prohibited or becomes prohibited from possessing a firearm
43 pursuant to state or federal law. The superintendent shall determine
44 whether such registrant is prohibited from possessing a firearm under
45 state or federal law. Such check shall be limited to determining whether
46 the factors in 18 USC 922 (g) apply or whether a registrant has been
47 convicted of a serious offense as defined in subdivision sixteen-b of
48 section 265.00 of this chapter, so as to prohibit such registrant from
49 possessing a firearm, and whether a report has been issued pursuant to
50 section 9.46 of the mental hygiene law. [All] Such registrants shall
51 recertify to the division of state police every five years thereafter.
52 Failure to recertify shall result in a revocation of such registration.
53 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
54 this subdivision, an owner, who resides in the county of Kings, Queens,
55 Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
56 sion twenty-two of section 265.00 of this chapter, who is a qualified
A. 6140 22
1 retired New York or federal law enforcement officer as defined in subdi-
2 vision twenty-five of section 265.00 of this chapter, where such weapon
3 was issued to or purchased by such officer prior to retirement and in
4 the course of his or her official duties, and for which such officer was
5 qualified by the agency that employed such officer within twelve months
6 prior to his or her retirement, must register such weapon within sixty
7 days of retirement.
8 (b) The superintendent of state police shall create and maintain an
9 internet website to educate the public, who reside in the county of
10 Kings, Queens, Richmond, New York or Bronx, as to which semiautomatic
11 rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are
12 illegal as a result of the enactment of [the] chapter one of the laws of
13 two thousand thirteen which added this paragraph, as well as such
14 assault weapons which are illegal pursuant to article two hundred
15 sixty-five of this chapter. Such website shall contain information to
16 assist [the] such public in recognizing the relevant features proscribed
17 by such article two hundred sixty-five, as well as which make and model
18 of weapons that require registration.
19 (c) A person, who resides in the county of Kings, Queens, Richmond,
20 New York or Bronx, who knowingly fails to apply to register such weapon,
21 as required by this section, within one year of the effective date of
22 [the] chapter one of the laws of two thousand thirteen which added this
23 paragraph shall be guilty of a class A misdemeanor and such person who
24 unknowingly fails to validly register such weapon within such one year
25 period shall be given a warning by an appropriate law enforcement
26 authority about such failure and given thirty days in which to apply to
27 register such weapon or to surrender it. A failure to apply or surrender
28 such weapon within such thirty-day period shall result in such weapon
29 being removed by an appropriate law enforcement authority and declared a
30 nuisance.
31 § 31. Section 400.02 of the penal law is REPEALED.
32 § 32. Section 400.03 of the penal law, as added by chapter 1 of the
33 laws of 2013, is amended to read as follows:
34 § 400.03 Sellers of ammunition.
35 1. A seller of ammunition as defined in subdivision twenty-four of
36 section 265.00 of this chapter doing business in the county of Kings,
37 Queens, Richmond, New York or Bronx, shall register with the superinten-
38 dent of state police in a manner provided by the superintendent. Any
39 dealer in firearms that is validly licensed pursuant to section 400.00
40 of this article shall not be required to complete such registration.
41 2. Any seller of ammunition or dealer in firearms doing business in
42 the county of Kings, Queens, Richmond, New York or Bronx, shall keep a
43 record book approved as to form by the superintendent of state police.
44 In the record book shall be entered at the time of every transaction
45 involving ammunition the date, name, age, occupation and residence of
46 any person from whom ammunition is received or to whom ammunition is
47 delivered, and the amount, calibre, manufacturer's name and serial
48 number, or if none, any other distinguishing number or identification
49 mark on such ammunition. The record book shall be maintained on the
50 premises mentioned and described in the license and shall be open at all
51 reasonable hours for inspection by any peace officer, acting pursuant to
52 his or her special duties, or police officer. Any record produced pursu-
53 ant to this section and any transmission thereof to any government agen-
54 cy shall not be considered a public record for purposes of article six
55 of the public officers law.
A. 6140 23
1 3. [No later than thirty days after the superintendent of the state
2 police certifies that the statewide license and record database estab-
3 lished pursuant to section 400.02 of this article is operational for the
4 purposes of this section, a] A dealer in firearms licensed pursuant to
5 section 400.00 of this article, a seller of ammunition as defined in
6 subdivision twenty-four of section 265.00 of this chapter doing business
7 in the county of Kings, Queens, Richmond, New York or Bronx, shall not
8 transfer any ammunition to any other person who is not a dealer in
9 firearms as defined in subdivision nine of such section 265.00 or a
10 seller of ammunition as defined in subdivision twenty-four of section
11 265.00 of this chapter, unless:
12 (a) before the completion of the transfer, the licensee or seller
13 contacts the [statewide license and record database] superintendent of
14 state police and provides the [database] superintendent with information
15 sufficient to identify such dealer or seller, transferee based on infor-
16 mation on the transferee's identification document as defined in para-
17 graph (c) of this subdivision, as well as the amount, calibre, manufac-
18 turer's name and serial number, if any, of such ammunition;
19 (b) the [system] superintendent provides the licensee or seller with a
20 unique identification number; and
21 (c) the transferor has verified the identity of the transferee by
22 examining a valid state identification document of the transferee issued
23 by the department of motor vehicles or if the transferee is not a resi-
24 dent of the state of New York, a valid identification document issued by
25 the transferee's state or country of residence containing a photograph
26 of the transferee.
27 4. If the [database] superintendent of state police determines that
28 the purchaser of ammunition is eligible to possess ammunition pursuant
29 to state and federal laws, [the system] he or she shall:
30 (a) assign a unique identification number to the transfer; and
31 (b) provide the licensee or seller with the number.
32 5. If the [statewide license and record database] superintendent of
33 state police notifies the licensee or seller that the information avail-
34 able [to the database] does not demonstrate that the receipt of ammuni-
35 tion by such other person would violate 18 U.S.C. 922(g) or state law,
36 and the licensee transfers ammunition to such other person, the licensee
37 shall indicate to the [database] superintendent that such transaction
38 has been completed at which point a record of such transaction shall be
39 created which shall be accessible by the division of state police and
40 maintained for no longer than one year from point of purchase[, which
41 shall not be incorporated into the database established pursuant to
42 section 400.02 of this article or the registry established pursuant to
43 subdivision sixteen-a of section 400.00 of this article]. The division
44 of state police may share such information with a local law enforcement
45 agency. Evidence of the purchase of ammunition is not sufficient to
46 establish probable cause to believe that the purchaser has committed a
47 crime absent other information tending to prove the commission of a
48 crime. Records assembled or accessed pursuant to this section shall not
49 be subject to disclosure pursuant to article six of the public officers
50 law. This requirement of this section shall not apply (i) if a back-
51 ground check cannot be completed because the system is not operational
52 as determined by the superintendent of state police, or where it cannot
53 be accessed by the practitioner due to a temporary technological or
54 electrical failure, as set forth in regulation, or (ii) a dealer or
55 seller has been granted a waiver from conducting such background check
56 if the superintendent of state police determines that such dealer is
A. 6140 24
1 incapable of such check due to technological limitations that are not
2 reasonably within the control of the dealer, or other exceptional
3 circumstances demonstrated by the dealer, pursuant to a process estab-
4 lished in regulation, and at the discretion of such superintendent.
5 6. If the superintendent of state police certifies that background
6 checks of ammunition purchasers in the county of Kings, Queens, Rich-
7 mond, New York or Bronx may be conducted through the national instant
8 criminal background check system, use of that system by a dealer or
9 seller shall be sufficient to satisfy subdivisions four and five of this
10 section and such checks shall be conducted through such system, provided
11 that a record of such transaction shall be forwarded to the state police
12 in a form determined by the superintendent.
13 7. No commercial transfer of ammunition shall take place in the county
14 of Kings, Queens, Richmond, New York or Bronx unless a licensed dealer
15 in firearms or registered seller of ammunition acts as an intermediary
16 between the transferor and the ultimate transferee of the ammunition for
17 the purposes of contacting the statewide license and record database
18 pursuant to this section. Such transfer between the dealer or seller,
19 and transferee must occur in person.
20 8. A seller of ammunition who fails to register pursuant to this
21 section and sells ammunition, for a first offense, shall be guilty of a
22 violation and subject to the fine of one thousand dollars and for a
23 second offense, shall be guilty of a class A misdemeanor.
24 A seller of ammunition that fails to keep any record required pursuant
25 to this section, for a first offense shall be guilty of a violation and
26 subject to a fine of five hundred dollars, and for a second offense
27 shall be guilty of a class B misdemeanor, and the registration of such
28 seller shall be revoked.
29 § 33. Paragraph (a) of subdivision 1 and subdivision 3 of section
30 400.10 of the penal law, as amended by chapter 1 of the laws of 2013,
31 are amended to read as follows:
32 (a) Any owner or other person lawfully in possession of: (i) a
33 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
34 on; (ii) in the county of Kings, Queens, Richmond, New York or Bronx,
35 ammunition as well as a firearm, rifle or shotgun who suffers the loss
36 or theft of such ammunition as well as a firearm, rifle or shotgun; or
37 (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
38 nition and is a dealer in firearms or seller of ammunition who suffers
39 the loss or theft of such ammunition shall within twenty-four hours of
40 the discovery of the loss or theft report the facts and circumstances of
41 the loss or theft to a police department or sheriff's office.
42 3. Notwithstanding any other provision of law, a violation of para-
43 graph (a) of subdivision one of this section shall be [a class A misde-
44 meanor] punishable only by a fine not to exceed one hundred dollars.
45 § 34. Section 2509 of the surrogate's court procedure act, as added by
46 chapter 1 of the laws of 2013, is amended to read as follows:
47 § 2509. Firearms inventory
48 Whenever, by regulation, rule or statute, a fiduciary or attorney of
49 record in the county of Kings, Queens, Richmond, New York or Bronx must
50 file a list of assets constituting a decedent's estate, such list must
51 include a particularized description of every firearm, shotgun and
52 rifle, as such terms are defined in section 265.00 of the penal law,
53 that are part of such estate. Such list must be filed with the surro-
54 gate's court in the county in which the estate proceeding, if any, is
55 pending and a copy must be filed with the division of criminal justice
56 services.
A. 6140 25
1 § 35. This act shall take effect immediately.
