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A07739 Summary:

BILL NOA07739
 
SAME ASSAME AS S06160
 
SPONSORPaulin
 
COSPNSRZebrowski, Fahy, Griffin
 
MLTSPNSR
 
Amd §§400 & 400.02, Pen L
 
Grants access to local and state law enforcement of records of applications for licenses of firearms.
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A07739 Actions:

BILL NOA07739
 
05/17/2019referred to codes
06/04/2019reported referred to rules
06/17/2019reported
06/17/2019rules report cal.404
06/17/2019ordered to third reading rules cal.404
06/18/2019substituted by s6160
 S06160 AMEND= BIAGGI
 05/21/2019REFERRED TO CODES
 06/05/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/05/2019ORDERED TO THIRD READING CAL.1203
 06/05/2019PASSED SENATE
 06/05/2019DELIVERED TO ASSEMBLY
 06/05/2019referred to codes
 06/18/2019substituted for a7739
 06/18/2019ordered to third reading rules cal.404
 06/20/2019passed assembly
 06/20/2019returned to senate
 09/03/2019DELIVERED TO GOVERNOR
 09/03/2019SIGNED CHAP.244
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A07739 Committee Votes:

CODES Chair:Lentol DATE:06/04/2019AYE/NAY:18/4 Action: Favorable refer to committee Rules
LentolAyeRaAye
SchimmingerNayGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloNay
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Gottfried DATE:06/17/2019AYE/NAY:19/7 Action: Favorable
HeastieExcusedKolbNay
GottfriedAyeCrouchNay
LentolAyeFinchNay
GanttExcusedBarclayNay
NolanExcusedRaiaNay
WeinsteinAyeHawleyNay
OrtizAyeGiglioNay
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineExcused
LupardoAye
ZebrowskiAye

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A07739 Floor Votes:

There are no votes for this bill in this legislative session.
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A07739 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7739
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2019
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the  penal  law,  in relation to local and state law
          enforcement's access  to  records  of  applications  for  licenses  of
          firearms
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (iii) of paragraph (e)  of  subdivision  5  of
     2  section  400.00  of  the penal law, as added by chapter 1 of the laws of
     3  2013, is amended to read as follows:
     4    (iii) If an exception is sought and granted pursuant to paragraph  (b)
     5  of  this  subdivision,  the  application information shall not be public
     6  record, unless the request is determined to be  null  and  void.  If  an
     7  exception is sought and granted pursuant to paragraph (c) of this subdi-
     8  vision,  the  information  concerning  such  recertification application
     9  shall not be public record, unless the request is determined to be  null
    10  and  void.    Notwithstanding  the foregoing provisions of this subpara-
    11  graph, local and state law enforcement shall, upon request,  be  granted
    12  access  to and copies of such application information provided that such
    13  information obtained by law enforcement pursuant  to  this  subparagraph
    14  shall not be considered a public record of such law enforcement agency.
    15    §  2.  Section  400.02  of the penal law, as added by chapter 1 of the
    16  laws of 2013, is amended to read as follows:
    17  § 400.02 Statewide license and record database.
    18    There shall be a statewide license and record database which shall  be
    19  created and maintained by the division of state police the cost of which
    20  shall  not  be borne by any municipality. Records assembled or collected
    21  for purposes of inclusion in such  database  shall  not  be  subject  to
    22  disclosure  pursuant  to article six of the public officers law. Records
    23  containing granted license applications shall be periodically checked by
    24  the division of criminal justice services against  criminal  conviction,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11149-02-9

        A. 7739                             2
 
     1  mental health, and all other records as are necessary to determine their
     2  continued accuracy as well as whether an individual is no longer a valid
     3  license  holder.  The  division  of criminal justice services shall also
     4  check  pending  applications  made pursuant to this article against such
     5  records to determine whether a license may be granted. All  state  agen-
     6  cies  shall cooperate with the division of criminal justice services, as
     7  otherwise authorized by law, in making their records available for  such
     8  checks. The division of criminal justice services, upon determining that
     9  an  individual  is  ineligible  to  possess a license, or is no longer a
    10  valid license holder, shall notify the applicable licensing official  of
    11  such determination and such licensing official shall not issue a license
    12  or  revoke such license and any weapons owned or possessed by such indi-
    13  vidual shall be removed consistent with the  provisions  of  subdivision
    14  eleven  of  section 400.00 of this article. Local and state law enforce-
    15  ment shall have access to such database[,  as  otherwise  authorized  by
    16  law,] in the performance of their duties. Records assembled or collected
    17  for  purposes  of  inclusion in the database established by this section
    18  shall be released pursuant to a court order.
    19    § 3. This act shall take effect immediately.
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