STATE OF NEW YORK
________________________________________________________________________
682
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to licenses to carry and
possess firearms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 400.00 of the penal law, as
2 amended by chapter 189 of the laws of 2000, is amended to read as
3 follows:
4 2. Types of licenses. A license for gunsmith or dealer in firearms
5 shall be issued to engage in such business. A license for a pistol or
6 revolver, other than an assault weapon or a disguised gun, shall be
7 issued to [(a) have and] possess [in his dwelling by a householder; (b)
8 have and possess in his place of business by a merchant or storekeeper;
9 (c) have] and carry concealed [while so employed by a messenger employed
10 by a banking institution or express company; (d) have and carry
11 concealed by a justice of the supreme court in the first or second judi-
12 cial departments, or by a judge of the New York city civil court or the
13 New York city criminal court; (e) have and carry concealed while so
14 employed by a regular employee of an institution of the state, or of any
15 county, city, town or village, under control of a commissioner of
16 correction of the city or any warden, superintendent or head keeper of
17 any state prison, penitentiary, workhouse, county jail or other institu-
18 tion for the detention of persons convicted or accused of crime or held
19 as witnesses in criminal cases, provided that application is made there-
20 for by such commissioner, warden, superintendent or head keeper; (f)
21 have and carry concealed,] without regard to employment or place of
22 possession[, by any person when proper cause exists for the issuance
23 thereof; and (g) have, possess, collect and carry antique pistols which
24 are defined as follows: (i) any single shot, muzzle loading pistol with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02369-01-9
S. 682 2
1 a matchlock, flintlock, percussion cap, or similar type of ignition
2 system manufactured in or before l898, which is not designed for using
3 rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
4 ca of any pistol described in clause (i) hereof if such replica--
5 (1) is not designed or redesigned for using rimfire or conventional
6 centerfire fixed ammunition, or
7 (2) uses rimfire or conventional centerfire fixed ammunition which is
8 no longer manufactured in the United States and which is not readily
9 available in the ordinary channels of commercial trade].
10 § 2. Paragraph (a) of subdivision 3 of section 400.00 of the penal
11 law, as amended by chapter 1 of the laws of 2013, is amended to read as
12 follows:
13 (a) Applications shall be made and renewed, in the case of a license
14 to carry [or] and possess a pistol or revolver, to the licensing officer
15 in the city or county, as the case may be, where the applicant resides,
16 is principally employed or has his or her principal place of business as
17 merchant or storekeeper; and, in the case of a license as gunsmith or
18 dealer in firearms, to the licensing officer where such place of busi-
19 ness is located. Blank applications shall, except in the city of New
20 York, be approved as to form by the superintendent of state police. An
21 application shall state the full name, date of birth, residence, present
22 occupation of each person or individual signing the same, whether or not
23 he or she is a citizen of the United States, whether or not he or she
24 complies with each requirement for eligibility specified in subdivision
25 one of this section and such other facts as may be required to show the
26 good character, competency and integrity of each person or individual
27 signing the application. An application shall be signed and verified by
28 the applicant. Each individual signing an application shall submit one
29 photograph of himself or herself and a duplicate for each required copy
30 of the application. Such photographs shall have been taken within thirty
31 days prior to filing the application. In case of a license as gunsmith
32 or dealer in firearms, the photographs submitted shall be two inches
33 square, and the application shall also state the previous occupation of
34 each individual signing the same and the location of the place of such
35 business, or of the bureau, agency, subagency, office or branch office
36 for which the license is sought, specifying the name of the city, town
37 or village, indicating the street and number and otherwise giving such
38 apt description as to point out reasonably the location thereof. In such
39 case, if the applicant is a firm, partnership or corporation, its name,
40 date and place of formation, and principal place of business shall be
41 stated. For such firm or partnership, the application shall be signed
42 and verified by each individual composing or intending to compose the
43 same, and for such corporation, by each officer thereof.
44 § 3. Subdivision 6 of section 400.00 of the penal law, as amended by
45 chapter 318 of the laws of 2002, is amended to read as follows:
46 6. License: validity. Any license issued pursuant to this section
47 shall be valid notwithstanding the provisions of any local law or ordi-
48 nance. No license shall be transferable to any other person or prem-
49 ises. A license to carry [or] and possess a pistol or revolver[, not
50 otherwise limited as to place or time of possession,] shall be effective
51 throughout the state, except that the same shall not be valid within the
52 city of New York unless a special permit granting validity is issued by
53 the police commissioner of that city. Such license to carry [or] and
54 possess shall be valid within the city of New York in the absence of a
55 permit issued by the police commissioner of that city, provided that (a)
56 the firearms covered by such license have been purchased from a licensed
S. 682 3
1 dealer within the city of New York and are being transported out of said
2 city forthwith and immediately from said dealer by the licensee in a
3 locked container during a continuous and uninterrupted trip; or provided
4 that (b) the firearms covered by such license are being transported by
5 the licensee in a locked container and the trip through the city of New
6 York is continuous and uninterrupted; or provided that (c) the firearms
7 covered by such license are carried by armored car security guards
8 transporting money or other valuables, in, to, or from motor vehicles
9 commonly known as armored cars, during the course of their employment;
10 or provided that (d) the licensee is a retired police officer as police
11 officer is defined pursuant to subdivision thirty-four of section 1.20
12 of the criminal procedure law or a retired federal law enforcement offi-
13 cer, as defined in section 2.15 of the criminal procedure law, who has
14 been issued a license by an authorized licensing officer as defined in
15 subdivision ten of section 265.00 of this chapter; provided, further,
16 however, that if such license was not issued in the city of New York it
17 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
18 ment Officer", as the case may be, and, in the case of a retired officer
19 the license shall be deemed to permit only police or federal law
20 enforcement regulations weapons; or provided that (e) the licensee is a
21 peace officer described in subdivision four of section 2.10 of the crim-
22 inal procedure law and the license, if issued by other than the city of
23 New York, is marked "New York State Tax Department Peace Officer" and in
24 such case the exemption shall apply only to the firearm issued to such
25 licensee by the department of taxation and finance. A license as
26 gunsmith or dealer in firearms shall not be valid outside the city or
27 county, as the case may be, where issued.
28 § 4. Subdivision 7 of section 400.00 of the penal law is amended to
29 read as follows:
30 7. License: form. Any license issued pursuant to this section shall,
31 except in the city of New York, be approved as to form by the super-
32 intendent of state police. A license to carry [or] and possess a pistol
33 or revolver shall have attached the licensee's photograph, and a coupon
34 which shall be removed and retained by any person disposing of a firearm
35 to the licensee. Such license shall specify the weapon covered by cali-
36 bre, make, model, manufacturer's name and serial number, or if none, by
37 any other distinguishing number or identification mark[, and shall indi-
38 cate whether issued to carry on the person or possess on the premises,
39 and if on the premises shall also specify the place where the licensee
40 shall possess the same]. If such license is issued to an alien, or to a
41 person not a citizen of and usually a resident in the state, the licens-
42 ing officer shall state in the license the particular reason for the
43 issuance and the names of the persons certifying to the good character
44 of the applicant. Any license as gunsmith or dealer in firearms shall
45 mention and describe the premises for which it is issued and shall be
46 valid only for such premises.
47 § 5. Subdivision 9 of section 400.00 of the penal law, as amended by
48 chapter 1 of the laws of 2013, is amended to read as follows:
49 9. License: amendment. Elsewhere than in the city of New York, a
50 person licensed to carry [or] and possess a pistol or revolver may apply
51 at any time to his or her licensing officer for amendment of his or her
52 license to include one or more such weapons or to cancel weapons held
53 under license. If granted, a record of the amendment describing the
54 weapons involved shall be filed by the licensing officer in the execu-
55 tive department, division of state police, Albany. The superintendent of
56 state police may authorize that such amendment be completed and trans-
S. 682 4
1 mitted to the state police in electronic form. Notification of any
2 change of residence shall be made in writing by any licensee within ten
3 days after such change occurs, and a record of such change shall be
4 inscribed by such licensee on the reverse side of his or her license.
5 Elsewhere than in the city of New York, and in the counties of Nassau
6 and Suffolk, such notification shall be made to the executive depart-
7 ment, division of state police, Albany, and in the city of New York to
8 the police commissioner of that city, and in the county of Nassau to the
9 police commissioner of that county, and in the county of Suffolk to the
10 licensing officer of that county, who shall, within ten days after such
11 notification shall be received by him or her, give notice in writing of
12 such change to the executive department, division of state police, at
13 Albany.
14 § 6. Paragraph (a) of subdivision 10 of section 400.00 of the penal
15 law, as amended by chapter 1 of the laws of 2013, is amended to read as
16 follows:
17 (a) Any license for gunsmith or dealer in firearms and, in the city of
18 New York, any license to carry [or] and possess a pistol or revolver,
19 issued at any time pursuant to this section or prior to the first day of
20 July, nineteen hundred sixty-three and not limited to expire on an
21 earlier date fixed in the license, shall expire not more than three
22 years after the date of issuance. In the counties of Nassau, Suffolk and
23 Westchester, any license to carry [or] and possess a pistol or revolver,
24 issued at any time pursuant to this section or prior to the first day of
25 July, nineteen hundred sixty-three and not limited to expire on an
26 earlier date fixed in the license, shall expire not more than five years
27 after the date of issuance; however, in the county of Westchester, any
28 such license shall be certified prior to the first day of April, two
29 thousand, in accordance with a schedule to be contained in regulations
30 promulgated by the commissioner of the division of criminal justice
31 services, and every such license shall be recertified every five years
32 thereafter. For purposes of this section certification shall mean that
33 the licensee shall provide to the licensing officer the following infor-
34 mation only: current name, date of birth, current address, and the
35 make, model, caliber and serial number of all firearms currently
36 possessed. Such certification information shall be filed by the licens-
37 ing officer in the same manner as an amendment. Elsewhere than in the
38 city of New York and the counties of Nassau, Suffolk and Westchester,
39 any license to carry [or] and possess a pistol or revolver, issued at
40 any time pursuant to this section or prior to the first day of July,
41 nineteen hundred sixty-three and not previously revoked or cancelled,
42 shall be in force and effect until revoked as herein provided. Any
43 license not previously cancelled or revoked shall remain in full force
44 and effect for thirty days beyond the stated expiration date on such
45 license. Any application to renew a license that has not previously
46 expired, been revoked or cancelled shall thereby extend the term of the
47 license until disposition of the application by the licensing officer.
48 In the case of a license for gunsmith or dealer in firearms, in counties
49 having a population of less than two hundred thousand inhabitants,
50 photographs and fingerprints shall be submitted on original applications
51 and upon renewal thereafter only at six year intervals. Upon satisfac-
52 tory proof that a currently valid original license has been despoiled,
53 lost or otherwise removed from the possession of the licensee and upon
54 application containing an additional photograph of the licensee, the
55 licensing officer shall issue a duplicate license.
S. 682 5
1 § 7. Subdivision 12 of section 400.00 of the penal law, as amended by
2 chapter 1 of the laws of 2013, is amended to read as follows:
3 12. Records required of gunsmiths and dealers in firearms. Any person
4 licensed as gunsmith or dealer in firearms shall keep a record book
5 approved as to form, except in the city of New York, by the superinten-
6 dent of state police. In the record book shall be entered at the time of
7 every transaction involving a firearm the date, name, age, occupation
8 and residence of any person from whom a firearm is received or to whom a
9 firearm is delivered, and the calibre, make, model, manufacturer's name
10 and serial number, or if none, any other distinguishing number or iden-
11 tification mark on such firearm. Before delivering a firearm to any
12 person, the licensee shall require him to produce either a license valid
13 under this section to carry [or] and possess the same, or proof of
14 lawful authority as an exempt person pursuant to section 265.20. In
15 addition, before delivering a firearm to a peace officer, the licensee
16 shall verify that person's status as a peace officer with the division
17 of state police. After completing the foregoing, the licensee shall
18 remove and retain the attached coupon and enter in the record book the
19 date of such license, number, if any, and name of the licensing officer,
20 in the case of the holder of a license to carry [or] and possess, or the
21 shield or other number, if any, assignment and department, unit or agen-
22 cy, in the case of an exempt person. The original transaction report
23 shall be forwarded to the division of state police within ten days of
24 delivering a firearm to any person, and a duplicate copy shall be kept
25 by the licensee. The superintendent of state police may designate that
26 such record shall be completed and transmitted in electronic form. A
27 dealer may be granted a waiver from transmitting such records in elec-
28 tronic form if the superintendent determines that such dealer is incapa-
29 ble of such transmission due to technological limitations that are not
30 reasonably within the control of the dealer, or other exceptional
31 circumstances demonstrated by the dealer, pursuant to a process estab-
32 lished in regulation, and at the discretion of the superintendent.
33 Records assembled or collected for purposes of inclusion in the database
34 created pursuant to section 400.02 of this article shall not be subject
35 to disclosure pursuant to article six of the public officers law. The
36 record book shall be maintained on the premises mentioned and described
37 in the license and shall be open at all reasonable hours for inspection
38 by any peace officer, acting pursuant to his special duties, or police
39 officer. In the event of cancellation or revocation of the license for
40 gunsmith or dealer in firearms, or discontinuance of business by a
41 licensee, such record book shall be immediately surrendered to the
42 licensing officer in the city of New York, and in the counties of Nassau
43 and Suffolk, and elsewhere in the state to the executive department,
44 division of state police.
45 § 8. Subdivision 14 of section 400.00 of the penal law, as amended by
46 chapter 195 of the laws of 2005, is amended to read as follows:
47 14. Fees. In the city of New York and the county of Nassau, the annual
48 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
49 for dealers in firearms. In such city, the city council and in the coun-
50 ty of Nassau the Board of Supervisors shall fix the fee to be charged
51 for a license to carry [or] and possess a pistol or revolver and provide
52 for the disposition of such fees. Elsewhere in the state, the licensing
53 officer shall collect and pay into the county treasury the following
54 fees: for each license to carry [or] and possess a pistol or revolver,
55 not less than three dollars nor more than ten dollars as may be deter-
56 mined by the legislative body of the county; for each amendment thereto,
S. 682 6
1 three dollars, and five dollars in the county of Suffolk; and for each
2 license issued to a gunsmith or dealer in firearms, ten dollars. The fee
3 for a duplicate license shall be five dollars. The fee for processing a
4 license transfer between counties shall be five dollars. The fee for
5 processing a license or renewal thereof for a qualified retired police
6 officer as defined under subdivision thirty-four of section 1.20 of the
7 criminal procedure law, or a qualified retired sheriff, undersheriff, or
8 deputy sheriff of the city of New York as defined under subdivision two
9 of section 2.10 of the criminal procedure law, or a qualified retired
10 bridge and tunnel officer, sergeant or lieutenant of the triborough
11 bridge and tunnel authority as defined under subdivision twenty of
12 section 2.10 of the criminal procedure law, or a qualified retired
13 uniformed court officer in the unified court system, or a qualified
14 retired court clerk in the unified court system in the first and second
15 judicial departments, as defined in paragraphs a and b of subdivision
16 twenty-one of section 2.10 of the criminal procedure law or a retired
17 correction officer as defined in subdivision twenty-five of section 2.10
18 of the criminal procedure law shall be waived in all counties throughout
19 the state.
20 § 9. This act shall take effect immediately and shall apply to all
21 licenses held and issued on and after such date.
