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
________________________________________________________________________
5338
2021-2022 Regular Sessions
IN SENATE
March 2, 2021
___________
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 Section 400.03 of the penal law is REPEALED.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 added by chapter 1 of the laws of 2013, is amended to read as
14 follows:
15 (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
16 and any large capacity ammunition feeding device that was legally
17 possessed by an individual prior to the enactment of [the] chapter one
18 of the laws of two thousand thirteen [which added this paragraph], may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10086-01-1
S. 5338 2
1 only be sold to, exchanged with or disposed of to a purchaser authorized
2 to possess such weapons or to an individual or entity outside of the
3 state provided that any such transfer to an individual or entity outside
4 of the state must be reported to the entity wherein the weapon is regis-
5 tered within seventy-two hours of such transfer. An individual who
6 transfers any such weapon or large capacity ammunition device to an
7 individual inside New York state or without complying with the
8 provisions of this paragraph shall be guilty of a class A misdemeanor
9 unless such large capacity ammunition feeding device, the possession of
10 which is made illegal by [the] chapter one of the laws of two thousand
11 thirteen [which added this paragraph], is transferred within one year of
12 the effective date of [the] chapter one of the laws of two thousand
13 thirteen [which added this paragraph].
14 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
15 graph, any weapon defined in paragraph (e) or (f) of this subdivision
16 that was legally possessed and validly registered by an individual prior
17 to his or her death may be transferred by the estate of such individual
18 to one of his or her immediate family members. For purposes of this
19 subparagraph, the meaning of immediate family member is as defined by
20 subdivision one of section eight hundred ninety-eight of the general
21 business law.
22 § 4. Subdivision 5 of section 400.00 of the penal law, as amended by
23 chapter 1 of the laws of 2013, subparagraph (iii) of paragraph (e) as
24 amended by chapter 244 of the laws of 2019, is amended to read as
25 follows:
26 5. Filing of approved applications. [(a)] The application for any
27 license, if granted, shall be filed by the licensing officer with the
28 clerk of the county of issuance, except that in the city of New York
29 and, in the counties of Nassau and Suffolk, the licensing officer shall
30 designate the place of filing in the appropriate division, bureau or
31 unit of the police department thereof, and in the county of Suffolk the
32 county clerk is hereby authorized to transfer all records or applica-
33 tions relating to firearms to the licensing authority of that county.
34 [Except as provided in paragraphs (b) through (f) of this subdivision,
35 the name and address] The application and any supporting records,
36 including any information contained therein, of any person to whom an
37 application for any license has been granted shall not be a public
38 record and shall not be subject to disclosure pursuant to article six of
39 the public officers law. Upon application by a licensee who has changed
40 his or her place of residence such records or applications shall be
41 transferred to the appropriate officer at the licensee's new place of
42 residence. A duplicate copy of such application shall be filed by the
43 licensing officer in the executive department, division of [state
44 police] criminal justice services, Albany, within ten days after issu-
45 ance of the license. The [superintendent] commissioner of [state police]
46 criminal justice services may designate that such application shall be
47 transmitted to the division of [state police] criminal justice services
48 electronically. In the event the [superintendent] commissioner of the
49 division of [state police] criminal justice services determines that it
50 lacks any of the records required to be filed with the division, it may
51 request that such records be provided to it by the appropriate clerk,
52 department or authority and such clerk, department or authority shall
53 provide the division with such records. In the event such clerk, depart-
54 ment or authority lacks such records, the division may request the
55 license holder provide information sufficient to constitute such record
56 and such license holder shall provide the division with such informa-
S. 5338 3
1 tion. Such information shall be limited to the license holder's name,
2 date of birth, gender, race, residential address, social security number
3 and firearms possessed by said license holder. Nothing in this subdivi-
4 sion shall be construed to change the expiration date or term of such
5 licenses if otherwise provided for in law. Records assembled or
6 collected for purposes of inclusion in the database established by this
7 section shall be released pursuant to a court order. Records assembled
8 or collected for purposes of inclusion in the database created pursuant
9 to section 400.02 of this [chapter] article shall not be subject to
10 disclosure pursuant to article six of the public officers law except
11 that the total number of persons registered in any county of the state
12 may be disclosed without any other identifying information about a
13 registrant.
14 [(b) Each application for a license pursuant to paragraph (a) of this
15 subdivision shall include, on a separate written form prepared by the
16 division of state police within thirty days of the effective date of the
17 chapter of the laws of two thousand thirteen, which amended this
18 section, and provided to the applicant at the same time and in the same
19 manner as the application for a license, an opportunity for the appli-
20 cant to request an exception from his or her application information
21 becoming public record pursuant to paragraph (a) of this subdivision.
22 Such forms, which shall also be made available to individuals who had
23 applied for or been granted a license prior to the effective date of the
24 chapter of the laws of two thousand thirteen which amended this section,
25 shall notify applicants that, upon discovery that an applicant knowingly
26 provided false information, such applicant may be subject to penalties
27 pursuant to section 175.30 of this chapter, and further, that his or her
28 request for an exception shall be null and void, provided that written
29 notice containing such determination is provided to the applicant.
30 Further, such forms shall provide each applicant an opportunity to spec-
31 ify the grounds on which he or she believes his or her application
32 information should not be publicly disclosed. These grounds, which shall
33 be identified on the application with a box beside each for checking, as
34 applicable, by the applicant, shall be as follows:
35 (i) the applicant's life or safety may be endangered by disclosure
36 because:
37 (A) the applicant is an active or retired police officer, peace offi-
38 cer, probation officer, parole officer, or corrections officer;
39 (B) the applicant is a protected person under a currently valid order
40 of protection;
41 (C) the applicant is or was a witness in a criminal proceeding involv-
42 ing a criminal charge;
43 (D) the applicant is participating or previously participated as a
44 juror in a criminal proceeding, or is or was a member of a grand jury;
45 or
46 (E) the applicant is a spouse, domestic partner or household member of
47 a person identified in this subparagraph or subparagraph (ii) of this
48 paragraph, specifying which subparagraph or subparagraphs and clauses
49 apply.
50 (ii) the applicant has reason to believe his or her life or safety may
51 be endangered by disclosure due to reasons stated by the applicant.
52 (iii) the applicant has reason to believe he or she may be subject to
53 unwarranted harassment upon disclosure of such information.
54 (c) Each form provided for recertification pursuant to paragraph (b)
55 of subdivision ten of this section shall include an opportunity for the
56 applicant to request an exception from the information provided on such
S. 5338 4
1 form becoming public record pursuant to paragraph (a) of this subdivi-
2 sion. Such forms shall notify applicants that, upon discovery that an
3 applicant knowingly provided false information, such applicant may be
4 subject to penalties pursuant to section 175.30 of this chapter, and
5 further, that his or her request for an exception shall be null and
6 void, provided that written notice containing such determination is
7 provided to the applicant. Further, such forms shall provide each appli-
8 cant an opportunity to either decline to request the grant or continua-
9 tion of an exception, or specify the grounds on which he or she believes
10 his or her information should not be publicly disclosed. These grounds,
11 which shall be identified in the application with a box beside each for
12 checking, as applicable, by the applicant, shall be the same as provided
13 in paragraph (b) of this subdivision.
14 (d) Information submitted on the forms described in paragraph (b) of
15 this subdivision shall be excepted from disclosure and maintained by the
16 entity retaining such information separate and apart from all other
17 records.
18 (e) (i) Upon receiving a request for exception from disclosure, the
19 licensing officer shall grant such exception, unless the request is
20 determined to be null and void, pursuant to paragraph (b) or (c) of this
21 subdivision.
22 (ii) A request for an exception from disclosure may be submitted at
23 any time, including after a license or recertification has been granted.
24 (iii) If an exception is sought and granted pursuant to paragraph (b)
25 of this subdivision, the application information shall not be public
26 record, unless the request is determined to be null and void. If an
27 exception is sought and granted pursuant to paragraph (c) of this subdi-
28 vision, the information concerning such recertification application
29 shall not be public record, unless the request is determined to be null
30 and void. Notwithstanding the foregoing provisions of this subparagraph,
31 local and state law enforcement shall, upon request, be granted access
32 to and copies of such application information provided that such infor-
33 mation obtained by law enforcement pursuant to this subparagraph shall
34 not be considered a public record of such law enforcement agency.
35 (f) The information of licensees or applicants for a license shall not
36 be disclosed to the public during the first one hundred twenty days
37 following the effective date of the chapter of the laws of two thousand
38 thirteen, which amended this section. After such period, the information
39 of those who had applied for or been granted a license prior to the
40 preparation of the form for requesting an exception, pursuant to para-
41 graph (b) of this subdivision, may be released only if such individuals
42 did not file a request for such an exception during the first sixty days
43 following such preparation; provided, however, that no information
44 contained in an application for licensure or recertification shall be
45 disclosed by an entity that has not completed processing any such
46 requests received during such sixty days.
47 (g) If a request for an exception is determined to be null and void
48 pursuant to paragraph (b) or (c) of this subdivision, an applicant may
49 request review of such determination pursuant to article seventy-eight
50 of the civil practice laws and rules. Such proceeding must commence
51 within thirty days after service of the written notice containing the
52 adverse determination. Notice of the right to commence such a petition,
53 and the time period therefor, shall be included in the notice of the
54 determination. Disclosure following such a petition shall not be made
55 prior to the disposition of such review.]
S. 5338 5
1 § 5. Section 9.46 of the mental hygiene law, as added by chapter 1 of
2 the laws of 2013, is amended to read as follows:
3 § 9.46 Reports of substantial risk or threat of harm by mental health
4 professionals.
5 (a) For purposes of this section, the term "mental health profes-
6 sional" shall include a physician, psychologist, registered nurse or
7 licensed clinical social worker.
8 (b) Notwithstanding any other law to the contrary, when a mental
9 health professional currently providing treatment services to a person
10 determines, in the exercise of reasonable professional judgment, that
11 such person is likely to engage in conduct that would result in serious
12 harm to self or others, he or she shall be required to report, as soon
13 as practicable, to the director of community services, or the director's
14 designee[, who shall report to the division of criminal justice services
15 whenever he or she agrees that the person is likely to engage in such
16 conduct]. Any report made by a mental health professional to the direc-
17 tor of community services, or the director's designee shall include
18 current contact information for such person including, but not limited
19 to, the person's: (1) name, (2) mailing address, (3) phone number and
20 (4) email address. The director of community services or the director's
21 designee shall report to the division of criminal justice services upon
22 a finding that the person is likely to engage in conduct that would
23 result in serious harm to self or others. Information transmitted to the
24 division of criminal justice services shall be limited to names and
25 other non-clinical identifying information, which may only be used for
26 determining whether a license issued pursuant to section 400.00 of the
27 penal law should be suspended or revoked, or for determining whether a
28 person is ineligible for a license issued pursuant to section 400.00 of
29 the penal law, or is no longer permitted under state or federal law to
30 possess a firearm.
31 (c) The director of community services or the director's designee
32 shall inform such person via written notice when a report regarding the
33 substantial risk or threat of harm posed by the person is sent to the
34 division of criminal justice services. Such notice shall include, but
35 not be limited to:
36 (1) the person's name;
37 (2) notice that a report has been sent to the division of criminal
38 justice services stating that the named person has been deemed likely to
39 engage in conduct that would result in serious harm to self or others;
40 (3) the date the report was sent to the division of criminal justice
41 services;
42 (4) the person's right to submit a petition for relief from disability
43 to the national instant criminal background check system (NICS) appeals
44 office of the office of mental health or NICS appeals office of the
45 office for people with developmental disabilities, as set forth in
46 subdivision (j) of section 7.09 of this title and subdivision (g) of
47 section 13.09 of this chapter and sections five hundred forty-three and
48 six hundred forty-three of article fourteen of the New York code of
49 rules and regulations;
50 (5) contact information for the NICS appeals office of the office of
51 mental hygiene or the NICS appeals office of the office for people with
52 developmental disabilities; and
53 (6) any applicable deadline for submission of a petition for relief
54 from disability.
55 (d) Nothing in this section shall be construed to require a mental
56 health professional to take any action which, in the exercise of reason-
S. 5338 6
1 able professional judgment, would endanger such mental health profes-
2 sional or increase the danger to a potential victim or victims.
3 [(d)] (e) The decision of a mental health professional to disclose or
4 not to disclose in accordance with this section, when made reasonably
5 and in good faith, shall not be the basis for any civil or criminal
6 liability of such mental health professional.
7 § 6. Paragraph 2 of subdivision (j) of section 7.09 of the mental
8 hygiene law, as amended by chapter 1 of the laws of 2013, is amended to
9 read as follows:
10 (2) The commissioner shall establish within the office of mental
11 health an administrative process to permit a person who has been or may
12 be disqualified from possessing such a firearm pursuant to 18 USC
13 922(4)(d) or who has been or may be disqualified from continuing to have
14 a license to carry, possess, repair, or dispose of a firearm under
15 section 400.00 of the penal law because such person was involuntarily
16 committed or civilly confined to a facility under the jurisdiction of
17 the commissioner, or who has been the subject of a report submitted by
18 the director of community services or the director's designee to the
19 division of criminal justice services stating that the named person has
20 been deemed likely to engage in conduct that would result in serious
21 harm to self or others pursuant to section 9.46 of this title, to peti-
22 tion for relief from that disability where such person's record and
23 reputation are such that such person will not be likely to act in a
24 manner dangerous to public safety and where the granting of the relief
25 would not be contrary to public safety. The commissioner shall promul-
26 gate regulations to establish the relief from disabilities program,
27 which shall include, but not be limited to, provisions providing for:
28 (i) an opportunity for a disqualified person to petition for relief in
29 writing; (ii) the authority for the agency to require that the petition-
30 er undergo a clinical evaluation and risk assessment; and (iii) a
31 requirement that the agency issue a decision in writing explaining the
32 reasons for a denial or grant of relief. The denial of a petition for
33 relief from disabilities may be reviewed de novo pursuant to the
34 proceedings under article seventy-eight of the civil practice law and
35 rules.
36 § 7. Paragraph 2 of subdivision (g) of section 13.09 of the mental
37 hygiene law, as amended by chapter 1 of the laws of 2013, is amended to
38 read as follows:
39 (2) The commissioner shall establish within the office for people with
40 developmental disabilities an administrative process to permit a person
41 who has been or may be disqualified from possessing such a firearm
42 pursuant to 18 USC 922(4)(d), or who has been or may be disqualified
43 from continuing to have a license to carry, possess, repair, or dispose
44 of a firearm under section 400.00 of the penal law because such person
45 was involuntarily committed or civilly confined to a facility under the
46 jurisdiction of the commissioner, or who has been the subject of a
47 report submitted by the director of community services or the director's
48 designee to the division of criminal justice services stating that the
49 named person has been deemed likely to engage in conduct that would
50 result in serious harm to self or others pursuant to section 9.46 of
51 this chapter, to petition for relief from that disability where such
52 person's record and reputation are such that such person will not be
53 likely to act in a manner dangerous to public safety and where the
54 granting of the relief would not be contrary to public safety. The
55 commissioner shall promulgate regulations to establish the relief from
56 disabilities program, which shall include, but not be limited to,
S. 5338 7
1 provisions providing for: (i) an opportunity for a disqualified person
2 to petition for relief in writing; (ii) the authority for the agency to
3 require that the petitioner undergo a clinical evaluation and risk
4 assessment; and (iii) a requirement that the agency issue a decision in
5 writing explaining the reasons for a denial or grant of relief. The
6 denial of a petition for relief from disabilities may be reviewed de
7 novo pursuant to the proceedings under article seventy-eight of the
8 civil practice law and rules.
9 § 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
10 and 16-b of section 400.00 of the penal law, paragraph (a) of subdivi-
11 sion 3 and subdivisions 9 and 10 as amended and subdivisions 16-a and
12 16-b as added by chapter 1 of the laws of 2013, subdivision 4 as amended
13 by chapter 242 of the laws of 2019, paragraph (a-1) of subdivision 16-a
14 as added by chapter 98 of the laws of 2013, are amended to read as
15 follows:
16 (a) Applications shall be made and renewed, in the case of a license
17 to carry or possess a pistol or revolver, to the licensing officer in
18 the city or county, as the case may be, where the applicant resides, is
19 principally employed or has his or her principal place of business as
20 merchant or storekeeper; and, in the case of a license as gunsmith or
21 dealer in firearms, to the licensing officer where such place of busi-
22 ness is located. Blank applications shall, except in the city of New
23 York, be approved as to form by the [superintendent of state police]
24 division of criminal justice services. An application shall state the
25 full name, date of birth, residence, present occupation of each person
26 or individual signing the same, whether or not he or she is a citizen of
27 the United States, whether or not he or she complies with each require-
28 ment for eligibility specified in subdivision one of this section and
29 such other facts as may be required to show the good character, compe-
30 tency and integrity of each person or individual signing the applica-
31 tion. An application shall be signed and verified by the applicant. Each
32 individual signing an application shall submit one photograph of himself
33 or herself and a duplicate for each required copy of the application.
34 Such photographs shall have been taken within thirty days prior to
35 filing the application. In case of a license as gunsmith or dealer in
36 firearms, the photographs submitted shall be two inches square, and the
37 application shall also state the previous occupation of each individual
38 signing the same and the location of the place of such business, or of
39 the bureau, agency, subagency, office or branch office for which the
40 license is sought, specifying the name of the city, town or village,
41 indicating the street and number and otherwise giving such apt
42 description as to point out reasonably the location thereof. In such
43 case, if the applicant is a firm, partnership or corporation, its name,
44 date and place of formation, and principal place of business shall be
45 stated. For such firm or partnership, the application shall be signed
46 and verified by each individual composing or intending to compose the
47 same, and for such corporation, by each officer thereof.
48 4. Investigation. Before a license is issued or renewed, there shall
49 be an investigation of all statements required in the application by the
50 duly constituted police authorities of the locality where such applica-
51 tion is made, including but not limited to such records as may be acces-
52 sible to the division of [state police or division of] criminal justice
53 services pursuant to section 400.02 of this article. For that purpose,
54 the records of the appropriate office of the department of mental
55 hygiene concerning previous or present mental illness of the applicant
56 shall be available for inspection by the investigating officer of the
S. 5338 8
1 police authority. Where the applicant is domiciled in a foreign state,
2 the investigation shall include inquiry of the foreign state for records
3 concerning the previous or present mental illness of the applicant, and,
4 to the extent necessary for inspection by the investigating officer, the
5 applicant shall execute a waiver of confidentiality of such record in
6 such form as may be required by the foreign state. In order to ascertain
7 any previous criminal record, the investigating officer shall take the
8 fingerprints and physical descriptive data in quadruplicate of each
9 individual by whom the application is signed and verified. Two copies of
10 such fingerprints shall be taken on standard fingerprint cards eight
11 inches square, and one copy may be taken on a card supplied for that
12 purpose by the federal bureau of investigation; provided, however, that
13 in the case of a corporate applicant that has already been issued a
14 dealer in firearms license and seeks to operate a firearm dealership at
15 a second or subsequent location, the original fingerprints on file may
16 be used to ascertain any criminal record in the second or subsequent
17 application unless any of the corporate officers have changed since the
18 prior application, in which case the new corporate officer shall comply
19 with procedures governing an initial application for such license. When
20 completed, one standard card shall be forwarded to and retained by the
21 division of criminal justice services in the executive department, at
22 Albany. A search of the files of such division and written notification
23 of the results of the search to the investigating officer shall be made
24 without unnecessary delay. Thereafter, such division shall notify the
25 licensing officer and the executive department, division of [state
26 police] criminal justice services, Albany, of any criminal record of the
27 applicant filed therein subsequent to the search of its files. A second
28 standard card, or the one supplied by the federal bureau of investi-
29 gation, as the case may be, shall be forwarded to that bureau at Wash-
30 ington with a request that the files of the bureau be searched and
31 notification of the results of the search be made to the investigating
32 police authority. Of the remaining two fingerprint cards, one shall be
33 filed with the executive department, division of [state police] criminal
34 justice services, Albany, within ten days after issuance of the license,
35 and the other remain on file with the investigating police authority. No
36 such fingerprints may be inspected by any person other than a peace
37 officer, who is acting pursuant to his or her special duties, or a
38 police officer, except on order of a judge or justice of a court of
39 record either upon notice to the licensee or without notice, as the
40 judge or justice may deem appropriate. Upon completion of the investi-
41 gation, the police authority shall report the results to the licensing
42 officer without unnecessary delay.
43 7. License: form. Any license issued pursuant to this section shall,
44 except in the city of New York, be approved as to form by the [super-
45 intendent of state police] division of criminal justice services. A
46 license to carry or possess a pistol or revolver shall have attached the
47 licensee's photograph, and a coupon which shall be removed and retained
48 by any person disposing of a firearm to the licensee. Such license shall
49 specify the weapon covered by calibre, make, model, manufacturer's name
50 and serial number, or if none, by any other distinguishing number or
51 identification mark, and shall indicate whether issued to carry on the
52 person or possess on the premises, and if on the premises shall also
53 specify the place where the licensee shall possess the same. If such
54 license is issued to an alien, or to a person not a citizen of and
55 usually a resident in the state, the licensing officer shall state in
56 the license the particular reason for the issuance and the names of the
S. 5338 9
1 persons certifying to the good character of the applicant. Any license
2 as gunsmith or dealer in firearms shall mention and describe the prem-
3 ises for which it is issued and shall 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 may apply at
6 any time to his or her licensing officer for amendment of his or her
7 license to include one or more such weapons or to cancel weapons held
8 under license. If granted, a record of the amendment describing the
9 weapons involved shall be filed by the licensing officer in the execu-
10 tive department, division of [state police] criminal justice services,
11 Albany. The [superintendent of state police] division of criminal
12 justice services may authorize that such amendment be completed and
13 transmitted to the [state police] division in electronic form. Notifi-
14 cation of any change of residence shall be made in writing by any licen-
15 see within ten days after such change occurs, and a record of such
16 change shall be inscribed by such licensee on the reverse side of his or
17 her license. Elsewhere than in the city of New York, and in the counties
18 of Nassau and Suffolk, such notification shall be made to the executive
19 department, division of [state police] criminal justice services, Alba-
20 ny, and in the city of New York to the police commissioner of that city,
21 and in the county of Nassau to the police commissioner of that county,
22 and in the county of Suffolk to the licensing officer of that county,
23 who shall, within ten days after such notification shall be received by
24 him or her, give notice in writing of such change to the executive
25 department, division of [state police] criminal justice services, at
26 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 expire not more than three years after the date of
33 issuance. In the counties of Nassau, Suffolk and Westchester, any
34 license to carry or possess a pistol or revolver, issued at any time
35 pursuant to this section or prior to the first day of July, nineteen
36 hundred sixty-three and not limited to expire on an earlier date fixed
37 in the license, shall expire not more than five years after the date of
38 issuance; however, in the county of Westchester, any such license shall
39 be certified prior to the first day of April, two thousand, in accord-
40 ance with a schedule to be contained in regulations promulgated by the
41 commissioner of the division of criminal justice services, and every
42 such license shall be recertified every five years thereafter. For
43 purposes of this section certification shall mean that the licensee
44 shall provide to the licensing officer the following information only:
45 current name, date of birth, current address, and the make, model, cali-
46 ber and serial number of all firearms currently possessed. Such certif-
47 ication information shall be filed by the licensing officer in the same
48 manner as an amendment. Elsewhere than in the city of New York and the
49 counties of Nassau, Suffolk and Westchester, any license to carry or
50 possess a pistol or revolver, issued at any time pursuant to this
51 section or prior to the first day of July, nineteen hundred sixty-three
52 and not previously revoked or cancelled, shall be in force and effect
53 until revoked as herein provided. Any license not previously cancelled
54 or revoked shall remain in full force and effect for thirty days beyond
55 the stated expiration date on such license. Any application to renew a
56 license that has not previously expired, been revoked or cancelled shall
S. 5338 10
1 thereby extend the term of the license until disposition of the applica-
2 tion by the licensing officer. In the case of a license for gunsmith or
3 dealer in firearms, in counties having a population of less than two
4 hundred thousand inhabitants, photographs and fingerprints shall be
5 submitted on original applications and upon renewal thereafter only at
6 six year intervals. Upon satisfactory proof that a currently valid
7 original license has been despoiled, lost or otherwise removed from the
8 possession of the licensee and upon application containing an additional
9 photograph of the licensee, the licensing officer shall issue a dupli-
10 cate license.
11 (b) All licensees shall be recertified to the [division of state
12 police] licensing officer every five years thereafter. Any license
13 issued before the effective date of [the] chapter one of the laws of two
14 thousand thirteen [which added this paragraph] shall be recertified by
15 the licensee on or before [January] March thirty-first, two thousand
16 eighteen, and not less than one year prior to such date, the [state
17 police] division of criminal justice services shall send a notice to all
18 license holders who have not recertified by such time. [Such recertif-
19 ication shall be in a form as approved by the superintendent of state
20 police, which shall request the license holder's name, date of birth,
21 gender, race, residential address, social security number, firearms
22 possessed by such license holder, email address at the option of the
23 license holder and an affirmation that such license holder is not
24 prohibited from possessing firearms.] Recertification shall contain the
25 information and shall be in the form set forth hereinbelow:
26 RECERTIFICATION
27 1. Name ________________________________________________________________
28 2. Date of Birth _______________________________________________________
29 3. Gender ______________________________________________________________
30 4. Race ________________________________________________________________
31 5. Residential Address _________________________________________________
32 ________________________________________________________________________
33 ________________________________________________________________________
34 6. Social Security Number ______________________________________________
35 7. Email Address (optional) ____________________________________________
36 8. List all firearms possessed on license: _____________________________
37 ________________________________________________________________________
38 ________________________________________________________________________
39 ________________________________________________________________________
40 ________________________________________________________________________
41 Upon receipt of the completed recertification form, the licensing offi-
42 cer will compare the information provided with the information main-
43 tained by the licensing officer for such license holder, and promptly
44 notify the license holder of any discrepancies that may exist, and
45 provide instruction as to applying for an amendment pursuant to subdivi-
46 sion nine this section. After the resolution of any pending applications
S. 5338 11
1 for amendments, the licensing officer shall retain a copy of the recer-
2 tification and a copy shall be filed by the licensing officer in the
3 executive department, division of criminal justice services, Albany,
4 within ten days. The form may be in an electronic form if so designated
5 by the [superintendent of state police] division of criminal justice
6 services. Failure to recertify shall act as a revocation of such
7 license. If the [New York state police] division shall discover as a
8 result of the recertification process that a licensee failed to provide
9 a change of address, the [New York state police] division of criminal
10 justice services shall not require the licensing officer to revoke such
11 license.
12 16-a. Registration. (a) An owner of a weapon defined in paragraph (e)
13 or (f) of subdivision twenty-two of section 265.00 of this chapter,
14 possessed before the date of the effective date of [the] chapter one of
15 the laws of two thousand thirteen [which added this paragraph], must
16 make an application to register such weapon with the [superintendent of
17 state police] division of criminal justice services, in the manner
18 provided by the [superintendent] division of criminal justice services,
19 or by amending a license issued pursuant to this section within one year
20 of the effective date of this subdivision except any weapon defined
21 under subparagraph (vi) of paragraph (g) of subdivision twenty-two of
22 section 265.00 of this chapter transferred into the state may be regis-
23 tered at any time, provided such weapons are registered within thirty
24 days of their transfer into the state. Registration information shall
25 include the registrant's name, date of birth, gender, race, residential
26 address, social security number and a description of each weapon being
27 registered. A registration of any weapon defined under subparagraph (vi)
28 of paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
29 ing device as defined under subdivision twenty-three of section 265.00
30 of this chapter shall be transferable, provided that the seller notifies
31 the [state police] division of criminal justice services within seven-
32 ty-two hours of the transfer and the buyer provides the [state police]
33 division of criminal justice services with information sufficient to
34 constitute a registration under this section. Such registration shall
35 not be valid if such registrant is prohibited or becomes prohibited from
36 possessing a firearm pursuant to state or federal law. The [superinten-
37 dent] division of criminal justice services shall determine whether such
38 registrant is prohibited from possessing a firearm under state or feder-
39 al law. Such check shall be limited to determining whether the factors
40 in 18 USC 922 (g) apply or whether a registrant has been convicted of a
41 serious offense as defined in subdivision [sixteen-b] seventeen of
42 section 265.00 of this chapter, so as to prohibit such registrant from
43 possessing a firearm, and whether a report has been issued pursuant to
44 section 9.46 of the mental hygiene law. All registrants shall recertify
45 to the division of [state police] criminal justice services every five
46 years thereafter. Failure to recertify shall result in a revocation of
47 such registration.
48 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
49 this subdivision, an owner of an assault weapon as defined in subdivi-
50 sion twenty-two of section 265.00 of this chapter, who is a qualified
51 retired New York or federal law enforcement officer as defined in subdi-
52 vision twenty-five of section 265.00 of this chapter, where such weapon
53 was issued to or purchased by such officer prior to retirement and in
54 the course of his or her official duties, and for which such officer was
55 qualified by the agency that employed such officer within twelve months
S. 5338 12
1 prior to his or her retirement, must register such weapon within sixty
2 days of retirement.
3 (b) The [superintendent of state police] division of criminal justice
4 services shall create and maintain an internet website to educate the
5 public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
6 tomatic pistol or weapon that are illegal as a result of the enactment
7 of [the] chapter one of the laws of two thousand thirteen [which added
8 this paragraph], as well as such assault weapons which are illegal
9 pursuant to article two hundred sixty-five of this chapter. Such website
10 shall contain information to assist the public in recognizing the rele-
11 vant features proscribed by such article two hundred sixty-five, as well
12 as which make and model of weapons that require registration.
13 (c) A person who knowingly fails to apply to register such weapon, as
14 required by this section, within one year of the effective date of [the]
15 chapter one of the laws of two thousand thirteen [which added this para-
16 graph] shall be guilty of a class A misdemeanor and such person who
17 unknowingly fails to validly register such weapon within such one year
18 period shall be given a warning by an appropriate law enforcement
19 authority about such failure and given thirty days in which to apply to
20 register such weapon or to surrender it. A failure to apply or surrender
21 such weapon within such thirty-day period shall result in such weapon
22 being removed by an appropriate law enforcement authority and declared a
23 nuisance.
24 16-b. The cost of the software, programming and interface required to
25 transmit any record that must be electronically transmitted by the deal-
26 er or licensing officer to the division of [state police] criminal
27 justice services, and any cost borne by the licensing officer to admin-
28 ister or maintain records related to the recertification process by the
29 licensing officer, both pursuant to this chapter shall be borne by the
30 state.
31 § 9. Section 400.02 of the penal law, as amended by chapter 244 of the
32 laws of 2019, is amended to read as follows:
33 § 400.02 Statewide license and record database.
34 There shall be a statewide license and record database which shall be
35 created and maintained by the division of [state police] criminal
36 justice services the cost of which shall not be borne by any munici-
37 pality. Records assembled or collected for purposes of inclusion in such
38 database shall not be subject to disclosure pursuant to article six of
39 the public officers law. Records containing granted license applications
40 shall be periodically checked by the division of criminal justice
41 services against criminal conviction, mental health, and all other
42 records as are necessary to determine their continued accuracy as well
43 as whether an individual is no longer a valid license holder. The divi-
44 sion of criminal justice services shall also check pending applications
45 made pursuant to this article against such records to determine whether
46 a license may be granted. All state agencies shall cooperate with the
47 division of criminal justice services, as otherwise authorized by law,
48 in making their records available for such checks. The division of crim-
49 inal justice services, upon determining that an individual is ineligible
50 to possess a license, or is no longer a valid license holder, shall
51 notify the applicable licensing official of such determination and such
52 licensing official shall not issue a license or revoke such license and
53 any weapons owned or possessed by such individual shall be removed
54 consistent with the provisions of subdivision eleven of section 400.00
55 of this article. Local and state law enforcement shall have access to
56 such database in the performance of their duties. Records assembled or
S. 5338 13
1 collected for purposes of inclusion in the database established by this
2 section shall be released pursuant to a court order.
3 § 10. This act shall take effect immediately; provided that:
4 1. section four of this act shall take effect on the first of November
5 next succeeding the date on which it shall have become a law; and
6 2. sections five, six and seven of this act shall take effect on the
7 ninetieth day after it shall have become a law.
