Rpld §400.03, amd §§265.00, 400.00 & 400.02, Pen L; amd §§9.46, 7.09 & 13.09, Ment Hyg L
Relates to firearms; authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; relates to reports of substantial risk or threat of harm by mental health professionals.
STATE OF NEW YORK
________________________________________________________________________
2338
2023-2024 Regular Sessions
IN SENATE
January 20, 2023
___________
Introduced by Sen. OBERACKER -- 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 authorizing the transfer
of certain weapons from an estate to an immediate member of the
decedent's family; to amend the penal law, in relation to the filing
of approved applications for licenses to carry, possess, repair and
dispose of firearms; to amend the mental hygiene law, in relation to
reports of substantial risk or threat of harm by mental health profes-
sionals; to amend the penal law, in relation to licenses to carry,
possess, repair and dispose of firearms; and to repeal section 400.03
of the penal law relating to sellers of ammunition
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 400.03 of the penal law is REPEALED.
2 § 2. Paragraph (g) of subdivision 22 of section 265.00 of the penal
3 law is amended by adding a new subparagraph (vii) to read as follows:
4 (vii) any weapon legally possessed and validly registered pursuant to
5 subdivision sixteen-a of section 400.00 of this chapter prior to such
6 person's death and bequeathed or passed through intestacy to an immedi-
7 ate family member of the deceased. Such weapons shall be subject to the
8 provisions of paragraph (h) of this subdivision. For purposes of this
9 subparagraph, the meaning of immediate family member is as defined by
10 subdivision one of section eight hundred ninety-eight of the general
11 business law;
12 § 3. Paragraph (h) of subdivision 22 of section 265.00 of the penal
13 law, as amended by chapter 209 of the laws of 2022, is amended to read
14 as follows:
15 (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
16 may only be sold to, exchanged with or disposed of to a purchaser
17 authorized to possess such weapons or to an individual or entity outside
18 of the state provided that any such transfer to an individual or entity
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06793-01-3
S. 2338 2
1 outside of the state must be reported to the entity wherein the weapon
2 is registered within seventy-two hours of such transfer. An individual
3 who transfers any such weapon to an individual inside New York state or
4 without complying with the provisions of this paragraph shall be guilty
5 of a class A misdemeanor.
6 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
7 graph, any weapon defined in paragraph (e) or (f) of this subdivision
8 that was legally possessed and validly registered by an individual prior
9 to his or her death may be transferred by the estate of such individual
10 to one of his or her immediate family members. For purposes of this
11 subparagraph, the meaning of immediate family member is as defined by
12 subdivision one of section eight hundred ninety-eight of the general
13 business law.
14 § 4. Subdivision 5 of section 400.00 of the penal law, as amended by
15 chapter 1 of the laws of 2013, subparagraph (iii) of paragraph (e) as
16 amended by chapter 244 of the laws of 2019, is amended to read as
17 follows:
18 5. Filing of approved applications. [(a)] The application for any
19 license, if granted, shall be filed by the licensing officer with the
20 clerk of the county of issuance, except that in the city of New York
21 and, in the counties of Nassau and Suffolk, the licensing officer shall
22 designate the place of filing in the appropriate division, bureau or
23 unit of the police department thereof, and in the county of Suffolk the
24 county clerk is hereby authorized to transfer all records or applica-
25 tions relating to firearms to the licensing authority of that county.
26 [Except as provided in paragraphs (b) through (f) of this subdivision,
27 the name and address] The application and any supporting records,
28 including any information contained therein, of any person to whom an
29 application for any license has been granted shall not be a public
30 record and shall not be subject to disclosure pursuant to article six of
31 the public officers law. Upon application by a licensee who has changed
32 his or her place of residence such records or applications shall be
33 transferred to the appropriate officer at the licensee's new place of
34 residence. A duplicate copy of such application shall be filed by the
35 licensing officer in the executive department, division of [state
36 police] criminal justice services, Albany, within ten days after issu-
37 ance of the license. The [superintendent] commissioner of [state police]
38 criminal justice services may designate that such application shall be
39 transmitted to the division of [state police] criminal justice services
40 electronically. In the event the [superintendent] commissioner of the
41 division of [state police] criminal justice services determines that it
42 lacks any of the records required to be filed with the division, it may
43 request that such records be provided to it by the appropriate clerk,
44 department or authority and such clerk, department or authority shall
45 provide the division with such records. In the event such clerk, depart-
46 ment or authority lacks such records, the division may request the
47 license holder provide information sufficient to constitute such record
48 and such license holder shall provide the division with such informa-
49 tion. Such information shall be limited to the license holder's name,
50 date of birth, gender, race, residential address, social security number
51 and firearms possessed by said license holder. Nothing in this subdivi-
52 sion shall be construed to change the expiration date or term of such
53 licenses if otherwise provided for in law. Records assembled or
54 collected for purposes of inclusion in the database established by this
55 section shall be released pursuant to a court order. Records assembled
56 or collected for purposes of inclusion in the database created pursuant
S. 2338 3
1 to section 400.02 of this [chapter] article shall not be subject to
2 disclosure pursuant to article six of the public officers law except
3 that the total number of persons registered in any county of the state
4 may be disclosed without any other identifying information about a
5 registrant.
6 [(b) Each application for a license pursuant to paragraph (a) of this
7 subdivision shall include, on a separate written form prepared by the
8 division of state police within thirty days of the effective date of the
9 chapter of the laws of two thousand thirteen, which amended this
10 section, and provided to the applicant at the same time and in the same
11 manner as the application for a license, an opportunity for the appli-
12 cant to request an exception from his or her application information
13 becoming public record pursuant to paragraph (a) of this subdivision.
14 Such forms, which shall also be made available to individuals who had
15 applied for or been granted a license prior to the effective date of the
16 chapter of the laws of two thousand thirteen which amended this section,
17 shall notify applicants that, upon discovery that an applicant knowingly
18 provided false information, such applicant may be subject to penalties
19 pursuant to section 175.30 of this chapter, and further, that his or her
20 request for an exception shall be null and void, provided that written
21 notice containing such determination is provided to the applicant.
22 Further, such forms shall provide each applicant an opportunity to spec-
23 ify the grounds on which he or she believes his or her application
24 information should not be publicly disclosed. These grounds, which shall
25 be identified on the application with a box beside each for checking, as
26 applicable, by the applicant, shall be as follows:
27 (i) the applicant's life or safety may be endangered by disclosure
28 because:
29 (A) the applicant is an active or retired police officer, peace offi-
30 cer, probation officer, parole officer, or corrections officer;
31 (B) the applicant is a protected person under a currently valid order
32 of protection;
33 (C) the applicant is or was a witness in a criminal proceeding involv-
34 ing a criminal charge;
35 (D) the applicant is participating or previously participated as a
36 juror in a criminal proceeding, or is or was a member of a grand jury;
37 or
38 (E) the applicant is a spouse, domestic partner or household member of
39 a person identified in this subparagraph or subparagraph (ii) of this
40 paragraph, specifying which subparagraph or subparagraphs and clauses
41 apply.
42 (ii) the applicant has reason to believe his or her life or safety may
43 be endangered by disclosure due to reasons stated by the applicant.
44 (iii) the applicant has reason to believe he or she may be subject to
45 unwarranted harassment upon disclosure of such information.
46 (c) Each form provided for recertification pursuant to paragraph (b)
47 of subdivision ten of this section shall include an opportunity for the
48 applicant to request an exception from the information provided on such
49 form becoming public record pursuant to paragraph (a) of this subdivi-
50 sion. Such forms shall notify applicants that, upon discovery that an
51 applicant knowingly provided false information, such applicant may be
52 subject to penalties pursuant to section 175.30 of this chapter, and
53 further, that his or her request for an exception shall be null and
54 void, provided that written notice containing such determination is
55 provided to the applicant. Further, such forms shall provide each appli-
56 cant an opportunity to either decline to request the grant or continua-
S. 2338 4
1 tion of an exception, or specify the grounds on which he or she believes
2 his or her information should not be publicly disclosed. These grounds,
3 which shall be identified in the application with a box beside each for
4 checking, as applicable, by the applicant, shall be the same as provided
5 in paragraph (b) of this subdivision.
6 (d) Information submitted on the forms described in paragraph (b) of
7 this subdivision shall be excepted from disclosure and maintained by the
8 entity retaining such information separate and apart from all other
9 records.
10 (e) (i) Upon receiving a request for exception from disclosure, the
11 licensing officer shall grant such exception, unless the request is
12 determined to be null and void, pursuant to paragraph (b) or (c) of this
13 subdivision.
14 (ii) A request for an exception from disclosure may be submitted at
15 any time, including after a license or recertification has been granted.
16 (iii) If an exception is sought and granted pursuant to paragraph (b)
17 of this subdivision, the application information shall not be public
18 record, unless the request is determined to be null and void. If an
19 exception is sought and granted pursuant to paragraph (c) of this subdi-
20 vision, the information concerning such recertification application
21 shall not be public record, unless the request is determined to be null
22 and void. Notwithstanding the foregoing provisions of this subparagraph,
23 local and state law enforcement shall, upon request, be granted access
24 to and copies of such application information provided that such infor-
25 mation obtained by law enforcement pursuant to this subparagraph shall
26 not be considered a public record of such law enforcement agency.
27 (f) The information of licensees or applicants for a license shall not
28 be disclosed to the public during the first one hundred twenty days
29 following the effective date of the chapter of the laws of two thousand
30 thirteen, which amended this section. After such period, the information
31 of those who had applied for or been granted a license prior to the
32 preparation of the form for requesting an exception, pursuant to para-
33 graph (b) of this subdivision, may be released only if such individuals
34 did not file a request for such an exception during the first sixty days
35 following such preparation; provided, however, that no information
36 contained in an application for licensure or recertification shall be
37 disclosed by an entity that has not completed processing any such
38 requests received during such sixty days.
39 (g) If a request for an exception is determined to be null and void
40 pursuant to paragraph (b) or (c) of this subdivision, an applicant may
41 request review of such determination pursuant to article seventy-eight
42 of the civil practice laws and rules. Such proceeding must commence
43 within thirty days after service of the written notice containing the
44 adverse determination. Notice of the right to commence such a petition,
45 and the time period therefor, shall be included in the notice of the
46 determination. Disclosure following such a petition shall not be made
47 prior to the disposition of such review.]
48 § 5. Section 9.46 of the mental hygiene law, as added by chapter 1 of
49 the laws of 2013, subdivision (a) as amended by chapter 208 of the laws
50 of 2022, is amended to read as follows:
51 § 9.46 Reports of substantial risk or threat of harm by mental health
52 professionals.
53 (a) For purposes of this section, the term "mental health profes-
54 sional" shall include a physician, psychiatrist, psychologist, regis-
55 tered nurse, licensed clinical social worker, licensed master social
56 worker, licensed mental health counselor, clinical nurse specialist,
S. 2338 5
1 certified nurse practitioner, licensed clinical marriage and family
2 therapist, or a licensed professional nurse.
3 (b) Notwithstanding any other law to the contrary, when a mental
4 health professional currently providing treatment services to a person
5 determines, in the exercise of reasonable professional judgment, that
6 such person is likely to engage in conduct that would result in serious
7 harm to self or others, he or she shall be required to report, as soon
8 as practicable, to the director of community services, or the director's
9 designee[, who shall report to the division of criminal justice services
10 whenever he or she agrees that the person is likely to engage in such
11 conduct]. Any report made by a mental health professional to the direc-
12 tor of community services, or the director's designee shall include
13 current contact information for such person including, but not limited
14 to, the person's: (1) name, (2) mailing address, (3) phone number and
15 (4) email address. The director of community services or the director's
16 designee shall report to the division of criminal justice services upon
17 a finding that the person is likely to engage in conduct that would
18 result in serious harm to self or others. Information transmitted to the
19 division of criminal justice services shall be limited to names and
20 other non-clinical identifying information, which may only be used for
21 determining whether a license issued pursuant to section 400.00 of the
22 penal law should be suspended or revoked, or for determining whether a
23 person is ineligible for a license issued pursuant to section 400.00 of
24 the penal law, or is no longer permitted under state or federal law to
25 possess a firearm.
26 (c) The director of community services or the director's designee
27 shall inform such person via written notice when a report regarding the
28 substantial risk or threat of harm posed by the person is sent to the
29 division of criminal justice services. Such notice shall include, but
30 not be limited to:
31 (1) the person's name;
32 (2) notice that a report has been sent to the division of criminal
33 justice services stating that the named person has been deemed likely to
34 engage in conduct that would result in serious harm to self or others;
35 (3) the date the report was sent to the division of criminal justice
36 services;
37 (4) the person's right to submit a petition for relief from disability
38 to the national instant criminal background check system (NICS) appeals
39 office of the office of mental health or NICS appeals office of the
40 office for people with developmental disabilities, as set forth in
41 subdivision (j) of section 7.09 of this title and subdivision (g) of
42 section 13.09 of this chapter and parts five hundred forty-three and six
43 hundred forty-three of article fourteen of the New York code of rules
44 and regulations;
45 (5) contact information for the NICS appeals office of the office of
46 mental hygiene or the NICS appeals office of the office for people with
47 developmental disabilities; and
48 (6) any applicable deadline for submission of a petition for relief
49 from disability.
50 (d) Nothing in this section shall be construed to require a mental
51 health professional to take any action which, in the exercise of reason-
52 able professional judgment, would endanger such mental health profes-
53 sional or increase the danger to a potential victim or victims.
54 [(d)] (e) The decision of a mental health professional to disclose or
55 not to disclose in accordance with this section, when made reasonably
S. 2338 6
1 and in good faith, shall not be the basis for any civil or criminal
2 liability of such mental health professional.
3 § 6. Paragraph 2 of subdivision (j) of section 7.09 of the mental
4 hygiene law, as amended by chapter 1 of the laws of 2013, is amended to
5 read as follows:
6 (2) The commissioner shall establish within the office of mental
7 health an administrative process to permit a person who has been or may
8 be disqualified from possessing such a firearm pursuant to 18 USC
9 922(4)(d) or who has been or may be disqualified from continuing to have
10 a license to carry, possess, repair, or dispose of a firearm under
11 section 400.00 of the penal law because such person was involuntarily
12 committed or civilly confined to a facility under the jurisdiction of
13 the commissioner, or who has been the subject of a report submitted by
14 the director of community services or the director's designee to the
15 division of criminal justice services stating that the named person has
16 been deemed likely to engage in conduct that would result in serious
17 harm to self or others pursuant to section 9.46 of this title, to peti-
18 tion for relief from that disability where such person's record and
19 reputation are such that such person will not be likely to act in a
20 manner dangerous to public safety and where the granting of the relief
21 would not be contrary to public safety. The commissioner shall promul-
22 gate regulations to establish the relief from disabilities program,
23 which shall include, but not be limited to, provisions providing for:
24 (i) an opportunity for a disqualified person to petition for relief in
25 writing; (ii) the authority for the agency to require that the petition-
26 er undergo a clinical evaluation and risk assessment; and (iii) a
27 requirement that the agency issue a decision in writing explaining the
28 reasons for a denial or grant of relief. The denial of a petition for
29 relief from disabilities may be reviewed de novo pursuant to the
30 proceedings under article seventy-eight of the civil practice law and
31 rules.
32 § 7. Paragraph 2 of subdivision (g) of section 13.09 of the mental
33 hygiene law, as amended by chapter 1 of the laws of 2013, is amended to
34 read as follows:
35 (2) The commissioner shall establish within the office for people with
36 developmental disabilities an administrative process to permit a person
37 who has been or may be disqualified from possessing such a firearm
38 pursuant to 18 USC 922(4)(d), or who has been or may be disqualified
39 from continuing to have a license to carry, possess, repair, or dispose
40 of a firearm under section 400.00 of the penal law because such person
41 was involuntarily committed or civilly confined to a facility under the
42 jurisdiction of the commissioner, or who has been the subject of a
43 report submitted by the director of community services or the director's
44 designee to the division of criminal justice services stating that the
45 named person has been deemed likely to engage in conduct that would
46 result in serious harm to self or others pursuant to section 9.46 of
47 this chapter, to petition for relief from that disability where such
48 person's record and reputation are such that such person will not be
49 likely to act in a manner dangerous to public safety and where the
50 granting of the relief would not be contrary to public safety. The
51 commissioner shall promulgate regulations to establish the relief from
52 disabilities program, which shall include, but not be limited to,
53 provisions providing for: (i) an opportunity for a disqualified person
54 to petition for relief in writing; (ii) the authority for the agency to
55 require that the petitioner undergo a clinical evaluation and risk
56 assessment; and (iii) a requirement that the agency issue a decision in
S. 2338 7
1 writing explaining the reasons for a denial or grant of relief. The
2 denial of a petition for relief from disabilities may be reviewed de
3 novo pursuant to the proceedings under article seventy-eight of the
4 civil practice law and rules.
5 § 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
6 and 16-b of section 400.00 of the penal law, paragraph (a) of subdivi-
7 sion 3 and subdivision 9 as amended by chapter 212 of the laws of 2022,
8 subdivisions 4 and 10 as amended by chapter 371 of the laws of 2022,
9 subdivision 7 as separately amended by chapters 212 and 669 of the laws
10 of 2022, subdivisions 16-a and 16-b as added by chapter 1 of the laws of
11 2013 and paragraph (a-1) of subdivision 16-a as added by chapter 98 of
12 the laws of 2013, are amended to read as follows:
13 (a) Applications shall be made and renewed, in the case of a license
14 to carry or possess a pistol or revolver or to purchase or take
15 possession of a semiautomatic rifle, to the licensing officer in the
16 city or county, as the case may be, where the applicant resides, is
17 principally employed or has his or her principal place of business as
18 merchant or storekeeper; and, in the case of a license as gunsmith or
19 dealer in firearms, to the licensing officer where such place of busi-
20 ness is located. Blank applications shall, except in the city of New
21 York, be approved as to form by the [superintendent of state police]
22 division of criminal justice services. An application shall state the
23 full name, date of birth, residence, present occupation of each person
24 or individual signing the same, whether or not he or she is a citizen of
25 the United States, whether or not he or she complies with each require-
26 ment for eligibility specified in subdivision one of this section and
27 such other facts as may be required to show the good character, compe-
28 tency and integrity of each person or individual signing the applica-
29 tion. An application shall be signed and verified by the applicant. Each
30 individual signing an application shall submit one photograph of himself
31 or herself and a duplicate for each required copy of the application.
32 Such photographs shall have been taken within thirty days prior to
33 filing the application. In case of a license as gunsmith or dealer in
34 firearms, the photographs submitted shall be two inches square, and the
35 application shall also state the previous occupation of each individual
36 signing the same and the location of the place of such business, or of
37 the bureau, agency, subagency, office or branch office for which the
38 license is sought, specifying the name of the city, town or village,
39 indicating the street and number and otherwise giving such apt
40 description as to point out reasonably the location thereof. In such
41 case, if the applicant is a firm, partnership or corporation, its name,
42 date and place of formation, and principal place of business shall be
43 stated. For such firm or partnership, the application shall be signed
44 and verified by each individual composing or intending to compose the
45 same, and for such corporation, by each officer thereof.
46 4. Investigation. Before a license is issued or renewed, there shall
47 be an investigation of all statements required in the application by the
48 duly constituted police authorities of the locality where such applica-
49 tion is made, including but not limited to such records as may be acces-
50 sible to the division of [state police or division of] criminal justice
51 services pursuant to section 400.02 of this article. For that purpose,
52 the records of the appropriate office of the department of mental
53 hygiene concerning previous or present mental illness of the applicant
54 shall be available for inspection by the investigating officer of the
55 police authority. Where the applicant is domiciled in a foreign state,
56 the investigation shall include inquiry of the foreign state for records
S. 2338 8
1 concerning the previous or present mental illness of the applicant, and,
2 to the extent necessary for inspection by the investigating officer, the
3 applicant shall execute a waiver of confidentiality of such record in
4 such form as may be required by the foreign state. In order to ascertain
5 any previous criminal record, the investigating officer shall take the
6 fingerprints and physical descriptive data in quadruplicate of each
7 individual by whom the application is signed and verified. Two copies of
8 such fingerprints shall be taken on standard fingerprint cards eight
9 inches square, and one copy may be taken on a card supplied for that
10 purpose by the federal bureau of investigation; provided, however, that
11 in the case of a corporate applicant that has already been issued a
12 dealer in firearms license and seeks to operate a firearm dealership at
13 a second or subsequent location, the original fingerprints on file may
14 be used to ascertain any criminal record in the second or subsequent
15 application unless any of the corporate officers have changed since the
16 prior application, in which case the new corporate officer shall comply
17 with procedures governing an initial application for such license. When
18 completed, one standard card shall be forwarded to and retained by the
19 division of criminal justice services in the executive department, at
20 Albany. A search of the files of such division and written notification
21 of the results of the search shall be forwarded to the investigating
22 officer and shall be made without unnecessary delay. Thereafter, such
23 division shall notify the licensing officer and the executive depart-
24 ment, division of [state police] criminal justice services, Albany, of
25 any criminal record of the applicant filed therein subsequent to the
26 search of its files. A second standard card, or the one supplied by the
27 federal bureau of investigation, as the case may be, shall be forwarded
28 to that bureau at Washington with a request that the files of the bureau
29 be searched and notification of the results of the search be made to the
30 investigating police authority. Of the remaining two fingerprint cards,
31 one shall be filed with the executive department, division of [state
32 police] criminal justice services, Albany, within ten days after issu-
33 ance of the license, and the other shall remain on file with the inves-
34 tigating police authority. No such fingerprints may be inspected by any
35 person other than a peace officer, who is acting pursuant to his or her
36 special duties, or a police officer, except on order of a judge or
37 justice of a court of record either upon notice to the licensee or with-
38 out notice, as the judge or justice may deem appropriate. Upon
39 completion of the investigation, the police authority shall report the
40 results to the licensing officer without unnecessary delay.
41 7. License: form. Any license issued pursuant to this section shall,
42 except in the city of New York, be approved as to form by the [super-
43 intendent of state police] division of criminal justice services. A
44 license to carry or possess a pistol or revolver or to purchase or take
45 possession of a semiautomatic rifle shall have attached the licensee's
46 photograph, and a coupon which shall be removed and retained by any
47 person disposing of a firearm to the licensee. A license to carry or
48 possess a pistol or revolver shall specify the weapon covered by cali-
49 bre, make, model, manufacturer's name and serial number, or if none, by
50 any other distinguishing number or identification mark, and shall indi-
51 cate whether issued to carry on the person or possess on the premises,
52 and if on the premises shall also specify the place where the licensee
53 shall possess the same. If such license is issued to a noncitizen, or to
54 a person not a citizen of and usually a resident in the state, the
55 licensing officer shall state in the license the particular reason for
56 the issuance and the names of the persons certifying to the good charac-
S. 2338 9
1 ter of the applicant. Any license as gunsmith or dealer in firearms
2 shall mention and describe the premises for which it is issued and shall
3 be valid only for such premises.
4 9. License: amendment. Elsewhere than in the city of New York, a
5 person licensed to carry or possess a pistol or revolver or to purchase
6 or take possession of a semiautomatic rifle may apply at any time to his
7 or her licensing officer for amendment of his or her license to include
8 one or more such weapons or to cancel weapons held under license. If
9 granted, a record of the amendment describing the weapons involved shall
10 be filed by the licensing officer in the executive department, division
11 of [state police] criminal justice services, Albany. The [superintendent
12 of state police] division of criminal justice services may authorize
13 that such amendment be completed and transmitted to the [state police]
14 division in electronic form. Notification of any change of residence
15 shall be made in writing by any licensee within ten days after such
16 change occurs, and a record of such change shall be inscribed by such
17 licensee on the reverse side of his or her license. Elsewhere than in
18 the city of New York, and in the counties of Nassau and Suffolk, such
19 notification shall be made to the executive department, division of
20 [state police] criminal justice services, Albany, and in the city of New
21 York to the police commissioner of that city, and in the county of
22 Nassau to the police commissioner of that county, and in the county of
23 Suffolk to the licensing officer of that county, who shall, within ten
24 days after such notification shall be received by him or her, give
25 notice in writing of such change to the executive department, division
26 of [state police] criminal justice services, at Albany.
27 10. License: expiration, certification and renewal. (a) Any license
28 for gunsmith or dealer in firearms and, in the city of New York, any
29 license to carry or possess a pistol or revolver, issued at any time
30 pursuant to this section or prior to the first day of July, nineteen
31 hundred sixty-three and not limited to expire on an earlier date fixed
32 in the license, shall, except as otherwise provided in paragraph (d) of
33 this subdivision, expire not more than three years after the date of
34 issuance. In the counties of Nassau, Suffolk and Westchester, any
35 license to carry or possess a pistol or revolver, issued at any time
36 pursuant to this section or prior to the first day of July, nineteen
37 hundred sixty-three and not limited to expire on an earlier date fixed
38 in the license, shall expire not more than five years after the date of
39 issuance; however, in the county of Westchester, any such license shall
40 be certified prior to the first day of April, two thousand, in accord-
41 ance with a schedule to be contained in regulations promulgated by the
42 commissioner of the division of criminal justice services, and every
43 such license shall, except as otherwise provided in paragraph (d) of
44 this subdivision, be recertified every five years thereafter. For
45 purposes of this section certification shall mean that the licensee
46 shall provide to the licensing officer the following information only:
47 current name, date of birth, current address, and the make, model, cali-
48 ber and serial number of all firearms currently possessed. Such certif-
49 ication information shall be filed by the licensing officer in the same
50 manner as an amendment. Elsewhere than in the city of New York and the
51 counties of Nassau, Suffolk and Westchester, any license to carry or
52 possess a pistol or revolver, issued at any time pursuant to this
53 section or prior to the first day of July, nineteen hundred sixty-three
54 and not previously revoked or cancelled, shall be in force and effect
55 until revoked as herein provided. Any license not previously cancelled
56 or revoked shall remain in full force and effect for thirty days beyond
S. 2338 10
1 the stated expiration date on such license. Any application to renew a
2 license that has not previously expired, been revoked or cancelled shall
3 thereby extend the term of the license until disposition of the applica-
4 tion by the licensing officer. In the case of a license for gunsmith or
5 dealer in firearms, in counties having a population of less than two
6 hundred thousand inhabitants, photographs and fingerprints shall be
7 submitted on original applications and upon renewal thereafter at three
8 year intervals. Upon satisfactory proof that a currently valid original
9 license has been despoiled, lost or otherwise removed from the
10 possession of the licensee and upon application containing an additional
11 photograph of the licensee, the licensing officer shall issue a dupli-
12 cate license.
13 (b) All licensees shall be recertified to the division of [state
14 police] criminal justice services every five years thereafter, except as
15 otherwise provided in paragraph (d) of this subdivision. Any license
16 issued before the effective date of the chapter of the laws of two thou-
17 sand thirteen which added this paragraph shall be recertified by the
18 licensee on or before January thirty-first, two thousand eighteen, and
19 not less than one year prior to such date, the [state police] division
20 of criminal justice services shall send a notice to all license holders
21 who have not recertified by such time. [Such recertification shall be in
22 a form as approved by the superintendent of state police, which shall
23 request the license holder's name, date of birth, gender, race, residen-
24 tial address, social security number, firearms possessed by such license
25 holder, email address at the option of the license holder and an affir-
26 mation that such license holder is not prohibited from possessing
27 firearms.] Recertification shall contain the information and shall be in
28 the form set forth hereinbelow:
29 RECERTIFICATION
30 1. Name _______________________________________________________
31 2. Date of Birth ______________________________________________
32 3. Gender _____________________________________________
33 4. Race _______________________________________________
34 5. Residential Address ________________________________
35 _______________________________________________________________
36 _______________________________________________________________
37 6. Social Security Number _____________________________
38 7. Email Address (optional) ___________________________
39 8. List all firearms possessed on license: ____________
40 _______________________________________________________________
41 _______________________________________________________________
42 _______________________________________________________________
43 _______________________________________________________________
44 Upon receipt of the completed recertification form, the licensing offi-
45 cer will compare the information provided with the information main-
46 tained by the licensing officer for such license holder, and promptly
47 notify the license holder of any discrepancies that may exist, and
48 provide instruction as to applying for an amendment pursuant to subdivi-
49 sion nine of this section. After the resolution of any pending applica-
50 tions for amendments, the licensing officer shall retain a copy of the
51 recertification and a copy shall be filed by the licensing officer in
52 the executive department, division of criminal justice services, Albany,
53 within ten days. The form may be in an electronic form if so designated
54 by the [superintendent of state police] division of criminal justice
55 services. Failure to recertify shall act as a revocation of such
56 license. If the [New York state police] division shall discover as a
S. 2338 11
1 result of the recertification process that a licensee failed to provide
2 a change of address, the [New York state police] division of criminal
3 justice services shall not require the licensing officer to revoke such
4 license.
5 (c) A license to purchase or take possession of a semiautomatic rifle
6 as defined in subdivision two of this section shall be recertified to
7 the applicable licensing officer every five years following the issuance
8 of such license. Failure to renew such a license shall be a violation
9 punishable by a fine not to exceed two hundred fifty dollars, and such
10 failure to renew shall be considered by the licensing officer when
11 reviewing future license applications by the license holder pursuant to
12 this chapter.
13 (d) Licenses issued under paragraph (f) of subdivision two of this
14 section shall be recertified or renewed in the same form and manner as
15 otherwise required by this subdivision, provided however, that such
16 licenses shall be recertified or renewed every three years following the
17 issuance of such license. For licenses issued prior to the effective
18 date of this paragraph that were issued more than three years prior to
19 such date, or will expire in less than one year from such date shall be
20 recertified or renewed within one year of such date.
21 16-a. Registration. (a) An owner of a weapon defined in paragraph (e)
22 or (f) of subdivision twenty-two of section 265.00 of this chapter,
23 possessed before the date of the effective date of [the] chapter one of
24 the laws of two thousand thirteen [which added this paragraph], must
25 make an application to register such weapon with the [superintendent of
26 state police] division of criminal justice services, in the manner
27 provided by the [superintendent] division of criminal justice services,
28 or by amending a license issued pursuant to this section within one year
29 of the effective date of this subdivision except any weapon defined
30 under subparagraph (vi) of paragraph (g) of subdivision twenty-two of
31 section 265.00 of this chapter transferred into the state may be regis-
32 tered at any time, provided such weapons are registered within thirty
33 days of their transfer into the state. Registration information shall
34 include the registrant's name, date of birth, gender, race, residential
35 address, social security number and a description of each weapon being
36 registered. A registration of any weapon defined under subparagraph (vi)
37 of paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
38 ing device as defined under subdivision twenty-three of section 265.00
39 of this chapter shall be transferable, provided that the seller notifies
40 the [state police] division of criminal justice services within seven-
41 ty-two hours of the transfer and the buyer provides the [state police]
42 division of criminal justice services with information sufficient to
43 constitute a registration under this section. Such registration shall
44 not be valid if such registrant is prohibited or becomes prohibited from
45 possessing a firearm pursuant to state or federal law. The [superinten-
46 dent] division of criminal justice services shall determine whether such
47 registrant is prohibited from possessing a firearm under state or feder-
48 al law. Such check shall be limited to determining whether the factors
49 in 18 USC 922 (g) apply or whether a registrant has been convicted of a
50 serious offense as defined in subdivision [sixteen-b] seventeen of
51 section 265.00 of this chapter, so as to prohibit such registrant from
52 possessing a firearm, and whether a report has been issued pursuant to
53 section 9.46 of the mental hygiene law. All registrants shall recertify
54 to the division of [state police] criminal justice services every five
55 years thereafter. Failure to recertify shall result in a revocation of
56 such registration.
S. 2338 12
1 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
2 this subdivision, an owner of an assault weapon as defined in subdivi-
3 sion twenty-two of section 265.00 of this chapter, who is a qualified
4 retired New York or federal law enforcement officer as defined in subdi-
5 vision twenty-five of section 265.00 of this chapter, where such weapon
6 was issued to or purchased by such officer prior to retirement and in
7 the course of his or her official duties, and for which such officer was
8 qualified by the agency that employed such officer within twelve months
9 prior to his or her retirement, must register such weapon within sixty
10 days of retirement.
11 (b) The [superintendent of state police] division of criminal justice
12 services shall create and maintain an internet website to educate the
13 public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
14 tomatic pistol or weapon that are illegal as a result of the enactment
15 of [the] chapter one of the laws of two thousand thirteen [which added
16 this paragraph], as well as such assault weapons which are illegal
17 pursuant to article two hundred sixty-five of this chapter. Such website
18 shall contain information to assist the public in recognizing the rele-
19 vant features proscribed by such article two hundred sixty-five, as well
20 as which make and model of weapons that require registration.
21 (c) A person who knowingly fails to apply to register such weapon, as
22 required by this section, within one year of the effective date of [the]
23 chapter one of the laws of two thousand thirteen [which added this para-
24 graph] shall be guilty of a class A misdemeanor and such person who
25 unknowingly fails to validly register such weapon within such one year
26 period shall be given a warning by an appropriate law enforcement
27 authority about such failure and given thirty days in which to apply to
28 register such weapon or to surrender it. A failure to apply or surrender
29 such weapon within such thirty-day period shall result in such weapon
30 being removed by an appropriate law enforcement authority and declared a
31 nuisance.
32 16-b. The cost of the software, programming and interface required to
33 transmit any record that must be electronically transmitted by the deal-
34 er or licensing officer to the division of [state police] criminal
35 justice services, and any cost borne by the licensing officer to admin-
36 ister or maintain records related to the recertification process by the
37 licensing officer, both pursuant to this chapter shall be borne by the
38 state.
39 § 9. Section 400.02 of the penal law, as amended by chapter 371 of the
40 laws of 2022, is amended to read as follows:
41 § 400.02 Statewide license and record database.
42 1. There shall be a statewide license and record database which shall
43 be created and maintained by the division of [state police] criminal
44 justice services the cost of which shall not be borne by any munici-
45 pality. Records assembled or collected for purposes of inclusion in such
46 database shall not be subject to disclosure pursuant to article six of
47 the public officers law. All records containing granted license applica-
48 tions from all licensing authorities shall be monthly checked by the
49 division of criminal justice services [in conjunction with the division
50 of state police] against criminal conviction, criminal indictment,
51 mental health, extreme risk protection orders, orders of protection, and
52 all other records as are necessary to determine their continued accuracy
53 as well as whether an individual is no longer a valid license holder.
54 The division of criminal justice services shall also check pending
55 applications made pursuant to this article against such records to
56 determine whether a license may be granted. All state and local agencies
S. 2338 13
1 shall cooperate with the division of criminal justice services, as
2 otherwise authorized by law, in making their records available for such
3 checks. The division of criminal justice services, upon determining that
4 an individual is ineligible to possess a license, or is no longer a
5 valid license holder, shall notify the applicable licensing official of
6 such determination and such licensing official shall not issue a license
7 or shall revoke such license and any weapons owned or possessed by such
8 individual shall be removed consistent with the provisions of subdivi-
9 sion eleven of section 400.00 of this article. Local and state law
10 enforcement shall have access to such database in the performance of
11 their duties. Records assembled or collected for purposes of inclusion
12 in the database established by this section shall be released pursuant
13 to a court order.
14 2. There shall be a statewide license and record database specific for
15 ammunition sales which shall be created and maintained by the division
16 of [state police] criminal justice services the cost of which shall not
17 be borne by any municipality no later than thirty days upon designating
18 the division of state police as the point of contact to perform both
19 firearm and ammunition background checks under federal and state law.
20 Records assembled or collected for purposes of inclusion in such data-
21 base shall not be subject to disclosure pursuant to article six of the
22 public officers law. All records containing granted license applications
23 from all licensing authorities shall be monthly checked by the division
24 of criminal justice services [in conjunction with the division of state
25 police] against criminal conviction, criminal indictments, mental
26 health, extreme risk protection orders, orders of protection, and all
27 other records as are necessary to determine their continued accuracy as
28 well as whether an individual is no longer a valid license holder. The
29 division of criminal justice services shall also check pending applica-
30 tions made pursuant to this article against such records to determine
31 whether a license may be granted. All state and local agencies shall
32 cooperate with the division of criminal justice services, as otherwise
33 authorized by law, in making their records available for such checks. No
34 later than thirty days after the [superintendent of the state police]
35 division certifies that the statewide license and record database estab-
36 lished pursuant to this section and the statewide license and record
37 database established for ammunition sales are operational for the
38 purposes of this section, a dealer in firearms licensed pursuant to
39 section 400.00 of this article, a seller of ammunition as defined in
40 subdivision twenty-four of section 265.00 of this chapter shall not
41 transfer any ammunition to any other person who is not a dealer in
42 firearms as defined in subdivision nine of such section 265.00 or a
43 seller of ammunition as defined in subdivision twenty-four of section
44 265.00 of this chapter, unless:
45 (a) before the completion of the transfer, the licensee or seller
46 contacts the statewide license and record database and provides the
47 database with information sufficient to identify such dealer or seller
48 transferee based on information on the transferee's identification docu-
49 ment as defined in paragraph (c) of this subdivision, as well as the
50 amount, caliber, manufacturer's name and serial number, if any, of such
51 ammunition;
52 (b) the licensee or seller is provided with a unique identification
53 number; and
54 (c) the transferor has verified the identity of the transferee by
55 examining a valid state identification document of the transferee issued
56 by the department of motor vehicles or if the transferee is not a resi-
S. 2338 14
1 dent of the state of New York, a valid identification document issued by
2 the transferee's state or country of residence containing a photograph
3 of the transferee.
4 § 10. This act shall take effect immediately; provided that:
5 1. section four of this act shall take effect on the first of November
6 next succeeding the date on which it shall have become a law; and
7 2. sections five, six and seven of this act shall take effect on the
8 ninetieth day after it shall have become a law.
