Requires drivers' licenses to include a distinguishing mark indicating that the licensee has a permit to carry a concealed firearm; authorizes the commissioner of motor vehicles to access the statewide license and record database to ascertain the names of persons who have a license to carry a concealed firearm.
STATE OF NEW YORK
________________________________________________________________________
9492
IN SENATE
July 5, 2022
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to requiring drivers' licenses to include a distinguishing
mark indicating that the licensee has a permit to carry a concealed
firearm
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 504 of the vehicle and traffic
2 law is amended by adding a new paragraph (c) to read as follows:
3 (c) Every license or renewal thereof shall contain a distinguishing
4 mark, in such form as the commissioner shall determine, indicating that
5 the licensee has a permit to carry a concealed firearm pursuant to
6 subdivision two of section 400.00 of the penal law. The commissioner
7 shall not require fees for the issuance of such license or renewal ther-
8 eof to persons who have a permit to carry a concealed weapon which are
9 different from the fees required for the issuance of licenses or
10 renewals thereof to persons who do not have a permit to carry a
11 concealed weapon.
12 § 2. Section 400.02 of the penal law, as amended by chapter 244 of the
13 laws of 2019, is amended to read as follows:
14 § 400.02 Statewide license and record database.
15 There shall be a statewide license and record database which shall be
16 created and maintained by the division of state police the cost of which
17 shall not be borne by any municipality. Records assembled or collected
18 for purposes of inclusion in such database shall not be subject to
19 disclosure pursuant to article six of the public officers law. Records
20 containing granted license applications shall be periodically checked by
21 the division of criminal justice services against criminal conviction,
22 mental health, and all other records as are necessary to determine their
23 continued accuracy as well as whether an individual is no longer a valid
24 license holder. The division of criminal justice services shall also
25 check pending applications made pursuant to this article against such
26 records to determine whether a license may be granted. All state agen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16096-01-2
S. 9492 2
1 cies 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 revoke such license and any weapons owned or possessed by such indi-
8 vidual shall be removed consistent with the provisions of subdivision
9 eleven of section 400.00 of this article. Local and state law enforce-
10 ment shall have access to such database in the performance of their
11 duties. Records assembled or collected for purposes of inclusion in the
12 database established by this section shall be released pursuant to a
13 court order; provided, however, that the commissioner of motor vehicles,
14 or their designee, shall be authorized to access the database solely for
15 the purpose of ascertaining the names of persons who have a license to
16 carry a concealed firearm in order to meet the requirements of paragraph
17 (c) of subdivision one of section five hundred four of the vehicle and
18 traffic law.
19 § 3. This act shall take effect immediately.
