Protects the personal and private information of persons granted a pistol permit; allows for opting into public disclosure of pistol permit applications.
STATE OF NEW YORK
________________________________________________________________________
6834
2019-2020 Regular Sessions
IN SENATE
November 6, 2019
___________
Introduced by Sen. JACOBS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to protecting the personal
and private information of persons granted a pistol permit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 400.00 of the penal law, as
2 amended by chapter 1 of the laws of 2013 and subparagraph (iii) of para-
3 graph (e) as amended by chapter 244 of the laws of 2019, is amended to
4 read as follows:
5 5. Filing of approved applications. (a) The application for any
6 license, if granted, shall be filed by the licensing officer with the
7 clerk of the county of issuance, except that in the city of New York
8 and, in the counties of Nassau and Suffolk, the licensing officer shall
9 designate the place of filing in the appropriate division, bureau or
10 unit of the police department thereof, and in the county of Suffolk the
11 county clerk is hereby authorized to transfer all records or applica-
12 tions relating to firearms to the licensing authority of that county.
13 Except as provided in paragraphs (b) through (f) of this subdivision,
14 the name and address of any person to whom an application for any
15 license has been granted shall not be a public record. Upon application
16 by a licensee who has changed his or her place of residence such records
17 or applications shall be transferred to the appropriate officer at the
18 licensee's new place of residence. A duplicate copy of such application
19 shall be filed by the licensing officer in the executive department,
20 division of state police, Albany, within ten days after issuance of the
21 license. The superintendent of state police may designate that such
22 application shall be transmitted to the division of state police elec-
23 tronically. In the event the superintendent of the division of state
24 police determines that it lacks any of the records required to be filed
25 with the division, it may request that such records be provided to it by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13884-02-9
S. 6834 2
1 the appropriate clerk, department or authority and such clerk, depart-
2 ment or authority shall provide the division with such records. In the
3 event such clerk, department or authority lacks such records, the divi-
4 sion may request the license holder provide information sufficient to
5 constitute such record and such license holder shall provide the divi-
6 sion with such information. Such information shall be limited to the
7 license holder's name, date of birth, gender, race, residential address,
8 social security number and firearms possessed by said license holder.
9 Nothing in this subdivision shall be construed to change the expiration
10 date or term of such licenses if otherwise provided for in law. Records
11 assembled or collected for purposes of inclusion in the database estab-
12 lished by this section shall only be released pursuant to a court order.
13 Records assembled or collected for purposes of inclusion in the database
14 created pursuant to section 400.02 of this chapter shall not be subject
15 to disclosure pursuant to article six of the public officers law.
16 Notwithstanding the foregoing provisions of this paragraph, local and
17 state law enforcement shall, upon request, be granted access to and
18 copies of such application information provided that such information
19 obtained by law enforcement pursuant to this paragraph shall not be
20 considered a public record of such law enforcement agency.
21 (b) Each application for a license pursuant to paragraph (a) of this
22 subdivision shall include, on a separate written form prepared by the
23 division of state police within thirty days of the effective date of the
24 chapter of the laws of two thousand [thirteen] nineteen, which amended
25 this section, and provided to the applicant at the same time and in the
26 same manner as the application for a license, an opportunity for the
27 applicant to request [an exception from] his or her application informa-
28 tion [becoming] become public record pursuant to paragraph (a) of this
29 subdivision. [Such forms, which shall also be made available to individ-
30 uals who had applied for or been granted a license prior to the effec-
31 tive date of the chapter of the laws of two thousand thirteen which
32 amended this section, shall notify applicants that, upon discovery that
33 an applicant knowingly provided false information, such applicant may be
34 subject to penalties pursuant to section 175.30 of this chapter, and
35 further, that his or her request for an exception shall be null and
36 void, provided that written notice containing such determination is
37 provided to the applicant. Further, such forms shall provide each appli-
38 cant an opportunity to specify the grounds on which he or she believes
39 his or her application information should not be publicly disclosed.
40 These grounds, which shall be identified on the application with a box
41 beside each for checking, as applicable, by the applicant, shall be as
42 follows:
43 (i) the applicant's life or safety may be endangered by disclosure
44 because:
45 (A) the applicant is an active or retired police officer, peace offi-
46 cer, probation officer, parole officer, or corrections officer;
47 (B) the applicant is a protected person under a currently valid order
48 of protection;
49 (C) the applicant is or was a witness in a criminal proceeding involv-
50 ing a criminal charge;
51 (D) the applicant is participating or previously participated as a
52 juror in a criminal proceeding, or is or was a member of a grand jury;
53 or
54 (E) the applicant is a spouse, domestic partner or household member of
55 a person identified in this subparagraph or subparagraph (ii) of this
S. 6834 3
1 paragraph, specifying which subparagraph or subparagraphs and clauses
2 apply.
3 (ii) the applicant has reason to believe his or her life or safety may
4 be endangered by disclosure due to reasons stated by the applicant.
5 (iii) the applicant has reason to believe he or she may be subject to
6 unwarranted harassment upon disclosure of such information.]
7 (c) Each form provided for recertification pursuant to paragraph (b)
8 of subdivision ten of this section shall include an opportunity for the
9 applicant to request [an exception from] the information provided on
10 such form [becoming] become public record pursuant to paragraph (a) of
11 this subdivision. Such forms shall [notify applicants that, upon discov-
12 ery that an applicant knowingly provided false information, such appli-
13 cant may be subject to penalties pursuant to section 175.30 of this
14 chapter, and further, that his or her request for an exception shall be
15 null and void, provided that written notice containing such determi-
16 nation is provided to the applicant. Further, such forms shall provide
17 each applicant an opportunity to either decline to request the grant or
18 continuation of an exception, or specify the grounds on which he or she
19 believes his or her information should not be publicly disclosed. These
20 grounds, which shall be identified in the application with a box beside
21 each for checking, as applicable, by the applicant, shall be the same as
22 provided in paragraph (b) of this subdivision.] provide each applicant
23 the opportunity to specify that he or she would like his or her informa-
24 tion publicly disclosed and to be a part of the public record.
25 (d) Information submitted on the forms described in paragraph (b) of
26 this subdivision shall be [excepted from disclosure and] maintained by
27 the entity retaining such information separate and apart from all other
28 records.
29 (e) (i) Upon receiving a request for [exception from] public disclo-
30 sure, the licensing officer shall [grant such exception, unless the
31 request is determined to be null and void, pursuant to paragraph (b) or
32 (c) of this subdivision] make such application part of the public
33 record.
34 (ii) A request for [an exception from] public disclosure may be
35 submitted at any time, including after a license or recertification has
36 been granted.
37 (iii) If [an exception] public disclosure is sought and granted pursu-
38 ant to paragraph (b) or (c) of this subdivision, the application infor-
39 mation shall [not] be public record[, unless the request is determined
40 to be null and void. If an exception is sought and granted pursuant to
41 paragraph (c) of this subdivision, the information concerning such
42 recertification application shall not be public record, unless the
43 request is determined to be null and void. Notwithstanding the foregoing
44 provisions of this subparagraph, local and state law enforcement shall,
45 upon request, be granted access to and copies of such application infor-
46 mation provided that such information obtained by law enforcement pursu-
47 ant to this subparagraph shall not be considered a public record of such
48 law enforcement agency].
49 (f) The information of licensees or applicants for a license shall not
50 be disclosed to the public during the first one hundred twenty days
51 following the effective date of the chapter of the laws of two thousand
52 [thirteen] nineteen, which amended this section. After such period, the
53 information of those who had applied for or been granted a license prior
54 to the preparation of the form for requesting [an exception] public
55 disclosure, pursuant to paragraph (b) of this subdivision, may be
56 released only if such individuals did [not] file a request for such [an
S. 6834 4
1 exception] public disclosure during the first sixty days following such
2 preparation; provided, however, that no information contained in an
3 application for licensure or recertification shall be disclosed by an
4 entity that has not completed processing any such requests received
5 during such sixty days.
6 (g) [If a request for an exception is determined to be null and void
7 pursuant to paragraph (b) or (c) of this subdivision, an applicant may
8 request review of such determination pursuant to article seventy-eight
9 of the civil practice laws and rules. Such proceeding must commence
10 within thirty days after service of the written notice containing the
11 adverse determination. Notice of the right to commence such a petition,
12 and the time period therefor, shall be included in the notice of the
13 determination. Disclosure following such a petition shall not be made
14 prior to the disposition of such review.] Within thirty days of the
15 effective date of the chapter of the laws of two thousand nineteen which
16 amended this section, all information which was part of the public
17 record under paragraph (a) of this subdivision for any applicant who
18 requested that his or her information be exempted from the public record
19 will be removed from the public record.
20 § 2. This act shall take effect on the ninetieth day after it shall
21 have become a law. Effective immediately, the addition, amendment and/or
22 repeal of any rule or regulation necessary for the implementation of
23 this act on its effective date are authorized to be made and completed
24 on or before such effective date.
