STATE OF NEW YORK
________________________________________________________________________
9501
IN SENATE
July 13, 2022
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, the general business law and the execu-
tive law, in relation to licensing and other provisions relating to
firearms; and to repeal certain provisions of the penal law, the exec-
utive law, the general business law, the state finance law and chapter
371 of the laws of 2022 amending the penal law and other laws relating
to licensing and other provisions relating to firearms, relating ther-
eto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading and subdivisions 1, 1-a, 1-b, 2, 4-a,
2 4-b, 4-c, 10 and 11 of section 400.00 of the penal law, as amended by
3 chapter 371 of the laws of 2022, are amended to read as follows:
4 [Licensing and other provisions relating to] Licenses to carry, possess,
5 repair and dispose of firearms.
6 1. Eligibility. No license shall be issued or renewed pursuant to this
7 section except by the licensing officer, and then only after investi-
8 gation and finding that all statements in a proper application for a
9 license are true. No license shall be issued or renewed except for an
10 applicant (a) twenty-one years of age or older, provided, however, that
11 where such applicant has been honorably discharged from the United
12 States army, navy, marine corps, air force or coast guard, or the
13 national guard of the state of New York, no such age restriction shall
14 apply; (b) of good moral character[, which, for the purposes of this
15 article, shall mean having the essential character, temperament and
16 judgement necessary to be entrusted with a weapon and to use it only in
17 a manner that does not endanger oneself or others]; (c) who has not been
18 convicted anywhere of a felony or a serious offense or who is not the
19 subject of an outstanding warrant of arrest issued upon the alleged
20 commission of a felony or serious offense; (d) who is not a fugitive
21 from justice; (e) who is not an unlawful user of or addicted to any
22 controlled substance as defined in section 21 U.S.C. 802; (f) who being
23 an alien (i) is not illegally or unlawfully in the United States or (ii)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16117-02-2
S. 9501 2
1 has not been admitted to the United States under a nonimmigrant visa
2 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been
3 discharged from the Armed Forces under dishonorable conditions; (h) who,
4 having been a citizen of the United States, has not renounced his or her
5 citizenship; (i) who has stated whether he or she has ever suffered any
6 mental illness; (j) who has not been involuntarily committed to a facil-
7 ity under the jurisdiction of an office of the department of mental
8 hygiene pursuant to article nine or fifteen of the mental hygiene law,
9 article seven hundred thirty or section 330.20 of the criminal procedure
10 law [or substantially similar laws of any other state], section four
11 hundred two or five hundred eight of the correction law, section 322.2
12 or 353.4 of the family court act, has not been civilly confined in a
13 secure treatment facility pursuant to article ten of the mental hygiene
14 law, or has not been the subject of a report made pursuant to section
15 9.46 of the mental hygiene law; (k) who has not had a license revoked or
16 who is not under a suspension or ineligibility order issued pursuant to
17 the provisions of section 530.14 of the criminal procedure law or
18 section eight hundred forty-two-a of the family court act; (l) in the
19 county of Westchester, who has successfully completed a firearms safety
20 course and test as evidenced by a certificate of completion issued in
21 his or her name and endorsed and affirmed under the penalties of perjury
22 by a duly authorized instructor, except that: (i) persons who are honor-
23 ably discharged from the United States army, navy, marine corps or coast
24 guard, or of the national guard of the state of New York, and produce
25 evidence of official qualification in firearms during the term of
26 service are not required to have completed those hours of a firearms
27 safety course pertaining to the safe use, carrying, possession, mainte-
28 nance and storage of a firearm; and (ii) persons who were licensed to
29 possess a pistol or revolver prior to the effective date of this para-
30 graph are not required to have completed a firearms safety course and
31 test[, provided, however, persons with a license issued under paragraph
32 (f) of subdivision two of this section prior to the effective date of
33 the laws of two thousand twenty-two which amended this paragraph shall
34 be required to complete the training required by subdivision nineteen of
35 this section prior to the recertification of such license; and (iii)
36 persons applying for a license under paragraph (f) of subdivision two of
37 this section on or after the effective date of the chapter of the laws
38 of two thousand twenty-two which amended this paragraph who shall be
39 required to complete the training required under subdivision nineteen of
40 this section for such license]; (m) who has not had a guardian appointed
41 for him or her pursuant to any provision of state law, based on a deter-
42 mination that as a result of marked subnormal intelligence, mental
43 illness, [incompetency,] incapacity, condition or disease, he or she
44 lacks the mental capacity to contract or manage his or her own affairs;
45 [(n) for a license issued under paragraph (f) of subdivision two of this
46 section, that the applicant has not been convicted within five years of
47 the date of the application of any of the following: (i) assault in the
48 third degree, as defined in section 120.00 of this chapter; (ii) misde-
49 meanor driving while intoxicated, as defined in section eleven hundred
50 ninety-two of the vehicle and traffic law; or (iii) menacing, as defined
51 in section 120.15 of this chapter; and (o) for a license issued under
52 paragraph (f) of subdivision two of this section, the applicant shall
53 meet in person with the licensing officer for an interview and shall, in
54 addition to any other information or forms required by the license
55 application submit to the licensing officer the following information:
56 (i) names and contact information for the applicant's current spouse, or
S. 9501 3
1 domestic partner, any other adults residing in the applicant's home,
2 including any adult children of the applicant, and whether or not there
3 are minors residing, full time or part time, in the applicant's home;
4 (ii) names and contact information of no less than four character refer-
5 ences who can attest to the applicant's good moral character and that
6 such applicant has not engaged in any acts, or made any statements that
7 suggest they are likely to engage in conduct that would result in harm
8 to themselves or others; (iii) certification of completion of the train-
9 ing required in subdivision nineteen of this section; (iv) a list of
10 former and current social media accounts of the applicant from the past
11 three years to confirm the information regarding the applicants charac-
12 ter and conduct as required in subparagraph (ii) of this paragraph; and
13 (v) such other information required by the licensing officer that is
14 reasonably necessary and related to the review of the licensing applica-
15 tion] and (n) concerning whom no good cause exists for the denial of the
16 license.
17 [1-a.] No person shall engage in the business of gunsmith or dealer in
18 firearms unless licensed pursuant to this section. An applicant to
19 engage in such business shall also be a citizen of the United States,
20 more than twenty-one years of age and [shall be required] to maintain a
21 place of business in the city or county where the license is issued. For
22 such business, if the applicant is a firm or partnership, each member
23 thereof shall comply with all of the requirements set forth in this
24 subdivision and if the applicant is a corporation, each officer thereof
25 shall so comply.
26 [1-b.] 1-a. For purposes of subdivision one of this section, serious
27 offense shall include an offense in any jurisdiction or the former penal
28 law that includes all of the essential elements of a serious offense as
29 defined by subdivision seventeen of section 265.00 of this chapter.
30 Nothing in this subdivision shall preclude the denial of a license based
31 on the commission of, arrest for or conviction of an offense in any
32 other jurisdiction which does not include all of the essential elements
33 of a serious offense.
34 2. Types of licenses. A license for gunsmith or dealer in firearms
35 shall be issued to engage in such business. A license for a semiautomat-
36 ic rifle, other than an assault weapon or disguised gun, shall be issued
37 to purchase or take possession of such a [semiautomatic rifle] firearm
38 when such transfer of ownership occurs on or after the effective date of
39 the chapter [two hundred twelve] of the laws of two thousand twenty-two
40 that amended this subdivision. A license for a pistol or revolver, other
41 than an assault weapon or a disguised gun, shall be issued to (a) have
42 and possess in his dwelling by a householder; (b) have and possess in
43 his place of business by a merchant or storekeeper; (c) have and carry
44 concealed while so employed by a messenger employed by a banking insti-
45 tution or express company; (d) have and carry concealed by a justice of
46 the supreme court in the first or second judicial departments, or by a
47 judge of the New York city civil court or the New York city criminal
48 court; (e) have and carry concealed while so employed by a regular
49 employee of an institution of the state, or of any county, city, town or
50 village, under control of a commissioner of correction of the city or
51 any warden, superintendent or head keeper of any state prison, peniten-
52 tiary, workhouse, county jail or other institution for the detention of
53 persons convicted or accused of crime or held as witnesses in criminal
54 cases, provided that application is made therefor by such commissioner,
55 warden, superintendent or head keeper; (f) have and carry concealed,
56 without regard to employment or place of possession [subject to the
S. 9501 4
1 restrictions of state and federal law], by any person when proper cause
2 exists for the issuance thereof; and (g) have, possess, collect and
3 carry antique pistols which are defined as follows: (i) any single shot,
4 muzzle loading pistol with a matchlock, flintlock, percussion cap, or
5 similar type of ignition system manufactured in or before 1898, which is
6 not designed for using rimfire or conventional centerfire fixed ammuni-
7 tion; and (ii) any replica of any pistol described in clause (i) hereof
8 if such replica[;]:
9 (1) is not designed or redesigned for using rimfire or conventional
10 centerfire fixed ammunition, or
11 (2) uses rimfire or conventional centerfire fixed ammunition which is
12 no longer manufactured in the United States and which is not readily
13 available in the ordinary channels of commercial trade.
14 4-a. [Appeals from denial of an application, renewal, recertification
15 or license revocation. If an application for a license is denied, not
16 renewed, not recertified, or revoked, the licensing officer shall issue
17 a written notice to the applicant setting forth the reasons for such
18 denial. An applicant may, within ninety days of receipt of such notice,
19 request a hearing to appeal the denial to the appeals board created by
20 the division of criminal justice services and the superintendent of
21 state police. An individual may be represented by counsel at any appear-
22 ance before the appeals board and shall be afforded an opportunity to
23 present additional evidence in support of their application. The commis-
24 sioner of criminal justice services and the superintendent of state
25 police shall promulgate rules and regulations governing such appeals
26 process.
27 4-b.] Processing of license applications. Applications for licenses
28 shall be accepted for processing by the licensing officer at the time of
29 presentment. Except upon written notice to the applicant specifically
30 stating the reasons for any delay, in each case the licensing officer
31 shall act upon any application for a license pursuant to this section
32 within six months of the date of presentment of such an application to
33 the appropriate authority. Such delay may only be for good cause and
34 with respect to the applicant. In acting upon an application, the
35 licensing officer shall either deny the application for reasons specif-
36 ically and concisely stated in writing or grant the application and
37 issue the license applied for.
38 [4-c.] 4-b. Westchester county firearms safety course certificate. In
39 the county of Westchester, at the time of application, the licensing
40 officer to which the license application is made shall provide a copy of
41 the safety course booklet to each license applicant. Before such license
42 is issued, such licensing officer shall require that the applicant
43 submit a certificate of successful completion of a firearms safety
44 course and test issued in his or her name and endorsed and affirmed
45 under the penalties of perjury by a duly authorized instructor.
46 10. License: expiration, certification and renewal. (a) Any license
47 for gunsmith or dealer in firearms and, in the city of New York, any
48 license to carry or possess a pistol or revolver, issued at any time
49 pursuant to this section or prior to the first day of July, nineteen
50 hundred sixty-three and not limited to expire on an earlier date fixed
51 in the license, shall[, except as otherwise provided in paragraph (d) of
52 this subdivision,] expire not more than three years after the date of
53 issuance. In the counties of Nassau, Suffolk and Westchester, any
54 license to carry or possess a pistol or revolver, issued at any time
55 pursuant to this section or prior to the first day of July, nineteen
56 hundred sixty-three and not limited to expire on an earlier date fixed
S. 9501 5
1 in the license, shall expire not more than five years after the date of
2 issuance; however, in the county of Westchester, any such license shall
3 be certified prior to the first day of April, two thousand, in accord-
4 ance with a schedule to be contained in regulations promulgated by the
5 commissioner of the division of criminal justice services, and every
6 such license shall[, except as otherwise provided in paragraph (d) of
7 this subdivision,] be recertified every five years thereafter. For
8 purposes of this section certification shall mean that the licensee
9 shall provide to the licensing officer the following information only:
10 current name, date of birth, current address, and the make, model, cali-
11 ber and serial number of all firearms currently possessed. Such certif-
12 ication information shall be filed by the licensing officer in the same
13 manner as an amendment. Elsewhere than in the city of New York and the
14 counties of Nassau, Suffolk and Westchester, any license to carry or
15 possess a pistol or revolver, issued at any time pursuant to this
16 section or prior to the first day of July, nineteen hundred sixty-three
17 and not previously revoked or cancelled, shall be in force and effect
18 until revoked as herein provided. Any license not previously cancelled
19 or revoked shall remain in full force and effect for thirty days beyond
20 the stated expiration date on such license. Any application to renew a
21 license that has not previously expired, been revoked or cancelled shall
22 thereby extend the term of the license until disposition of the applica-
23 tion by the licensing officer. In the case of a license for gunsmith or
24 dealer in firearms, in counties having a population of less than two
25 hundred thousand inhabitants, photographs and fingerprints shall be
26 submitted on original applications and upon renewal thereafter only at
27 [three] six year intervals. Upon satisfactory proof that a currently
28 valid original license has been despoiled, lost or otherwise removed
29 from the possession of the licensee and upon application containing an
30 additional photograph of the licensee, the licensing officer shall issue
31 a duplicate license.
32 (b) All licensees shall be recertified to the division of state police
33 every five years thereafter[, except as otherwise provided in paragraph
34 (d) of this subdivision]. Any license issued before the effective date
35 of the chapter of the laws of two thousand thirteen which added this
36 paragraph shall be recertified by the licensee on or before January
37 thirty-first, two thousand eighteen, and not less than one year prior to
38 such date, the state police shall send a notice to all license holders
39 who have not recertified by such time. Such recertification shall be in
40 a form as approved by the superintendent of state police, which shall
41 request the license holder's name, date of birth, gender, race, residen-
42 tial address, social security number, firearms possessed by such license
43 holder, email address at the option of the license holder and an affir-
44 mation that such license holder is not prohibited from possessing
45 firearms. The form may be in an electronic form if so designated by the
46 superintendent of state police. Failure to recertify shall act as a
47 revocation of such license. If the New York state police discover as a
48 result of the recertification process that a licensee failed to provide
49 a change of address, the New York state police shall not require the
50 licensing officer to revoke such license.
51 (c) A license to purchase or take possession of a semiautomatic rifle
52 as defined in subdivision two of this section shall be recertified to
53 the applicable licensing officer every five years following the issuance
54 of such license. Failure to renew such a license shall be a violation
55 punishable by a fine not to exceed two hundred fifty dollars, and such
56 failure to renew shall be considered by the licensing officer when
S. 9501 6
1 reviewing future license applications by the license holder pursuant to
2 this chapter.
3 [(d) Licenses issued under paragraph (f) of subdivision two of this
4 section shall be recertified or renewed in the same form and manner as
5 otherwise required by this subdivision, provided however, that such
6 licenses shall be recertified or renewed every three years following the
7 issuance of such license. For licenses issued prior to the effective
8 date of this paragraph that were issued more than three years prior to
9 such date, or will expire in less than one year from such date shall be
10 recertified or renewed within one year of such date.]
11 11. License: revocation and suspension. (a) The conviction of a licen-
12 see anywhere of a felony or serious offense or a licensee at any time
13 becoming ineligible to obtain a license[, including engaging in conduct
14 that would have resulted in the denial of a license, under this section
15 shall operate as or be grounds for,] under this section shall operate as
16 a revocation of the license. A license may be revoked or suspended as
17 provided for in section 530.14 of the criminal procedure law or section
18 eight hundred forty-two-a of the family court act. Except for a license
19 issued pursuant to section 400.01 of this article, a license may be
20 revoked and cancelled at any time in the city of New York, and in the
21 counties of Nassau and Suffolk, by the licensing officer, and elsewhere
22 than in the city of New York by any judge or justice of a court of
23 record; a license issued pursuant to section 400.01 of this article may
24 be revoked and cancelled at any time by the licensing officer or any
25 judge or justice of a court of record. A license to engage in the busi-
26 ness of dealer may be revoked or suspended for any violation of the
27 provisions of article thirty-nine-BB of the general business law. The
28 official revoking a license shall give written notice thereof without
29 unnecessary delay to the executive department, division of state police,
30 Albany, and shall also notify immediately the duly constituted police
31 authorities of the locality. [The licensing officer shall revoke any
32 license issued in which an applicant knowingly made a material false
33 statement on the application. Notice of a revocation under this subdivi-
34 sion shall be issued in writing and shall include the basis for the
35 determination, which shall be supported by a preponderance of the
36 evidence. Such notice shall also include information regarding the abil-
37 ity to appeal such decision in accordance with subdivision four-a of
38 this section.]
39 (b) Whenever the director of community services or his or her designee
40 makes a report pursuant to section 9.46 of the mental hygiene law, the
41 division of criminal justice services shall convey such information,
42 whenever it determines that the person named in the report possesses a
43 license issued pursuant to this section, to the appropriate licensing
44 official, who shall issue an order suspending or revoking such license.
45 (c) In any instance in which a person's license is suspended or
46 revoked under paragraph (a) or (b) of this subdivision, such person
47 shall surrender such license to the appropriate licensing official and
48 any and all firearms, rifles, or shotguns owned or possessed by such
49 person shall be surrendered to an appropriate law enforcement agency as
50 provided in subparagraph (f) of paragraph one of subdivision a of
51 section 265.20 of this chapter. In the event such license, firearm,
52 shotgun, or rifle is not surrendered, such items shall be removed and
53 declared a nuisance and any police officer or peace officer acting
54 pursuant to his or her special duties is authorized to remove any and
55 all such weapons.
56 § 2. Subdivision 23 of section 837 of the executive law is REPEALED.
S. 9501 7
1 § 3. Section 235 of the executive law is REPEALED.
2 § 4. Section 265.01-e of the penal law is REPEALED.
3 § 5. Section 265.01-d of the penal law is REPEALED.
4 § 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law
5 is REPEALED.
6 § 7. Section 400.02 of the penal law, as amended by chapter 371 of the
7 laws of 2022, is amended to read as follows:
8 § 400.02 Statewide license and record database.
9 [1.] There shall be a statewide license and record database which
10 shall be created and maintained by the division of state police the cost
11 of which shall not be borne by any municipality. Records assembled or
12 collected for purposes of inclusion in such database shall not be
13 subject to disclosure pursuant to article six of the public officers
14 law. [All records] Records containing granted license applications [from
15 all licensing authorities] shall be [monthly] periodically checked by
16 the division of criminal justice services [in conjunction with the divi-
17 sion of state police] against criminal conviction, [criminal indict-
18 ment,] mental health, [extreme risk protection orders, orders of
19 protection,] and all other records as are necessary to determine their
20 continued accuracy as well as whether an individual is no longer a valid
21 license holder. The division of criminal justice services shall also
22 check pending applications made pursuant to this article against such
23 records to determine whether a license may be granted. All state [and
24 local] agencies shall cooperate with the division of criminal justice
25 services, as otherwise authorized by law, in making their records avail-
26 able for such checks. The division of criminal justice services, upon
27 determining that an individual is ineligible to possess a license, or is
28 no longer a valid license holder, shall notify the applicable licensing
29 official of such determination and such licensing official shall not
30 issue a license or [shall] revoke such license and any weapons owned or
31 possessed by such individual shall be removed consistent with the
32 provisions of subdivision eleven of section 400.00 of this article.
33 Local and state law enforcement shall have access to such database in
34 the performance of their duties. Records assembled or collected for
35 purposes of inclusion in the database established by this section shall
36 be released pursuant to a court order.
37 [2. There shall be a statewide license and record database specific
38 for ammunition sales which shall be created and maintained by the divi-
39 sion of state police the cost of which shall not be borne by any munici-
40 pality no later than thirty days upon designating the division of state
41 police as the point of contact to perform both firearm and ammunition
42 background checks under federal and state law. Records assembled or
43 collected for purposes of inclusion in such database shall not be
44 subject to disclosure pursuant to article six of the public officers
45 law. All records containing granted license applications from all
46 licensing authorities shall be monthly checked by the division of crimi-
47 nal justice services in conjunction with the division of state police
48 against criminal conviction, criminal indictments, mental health,
49 extreme risk protection orders, orders of protection, and all other
50 records as are necessary to determine their continued accuracy as well
51 as whether an individual is no longer a valid license holder. The divi-
52 sion of criminal justice services shall also check pending applications
53 made pursuant to this article against such records to determine whether
54 a license may be granted. All state and local agencies shall cooperate
55 with the division of criminal justice services, as otherwise authorized
56 by law, in making their records available for such checks. No later than
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1 thirty days after the superintendent of the state police certifies that
2 the statewide license and record database established pursuant to this
3 section and the statewide license and record database established for
4 ammunition sales are operational for the purposes of this section, a
5 dealer in firearms licensed pursuant to section 400.00 of this article,
6 a seller of ammunition as defined in subdivision twenty-four of section
7 265.00 of this chapter shall not transfer any ammunition to any other
8 person who is not a dealer in firearms as defined in subdivision nine of
9 such section 265.00 or a seller of ammunition as defined in subdivision
10 twenty-four of section 265.00 of this chapter, unless:
11 (a) before the completion of the transfer, the licensee or seller
12 contacts the statewide license and record database and provides the
13 database with information sufficient to identify such dealer or seller
14 transferee based on information on the transferee's identification docu-
15 ment as defined in paragraph (c) of this subdivision, as well as the
16 amount, caliber, manufacturer's name and serial number, if any, of such
17 ammunition;
18 (b) the licensee or seller is provided with a unique identification
19 number; and
20 (c) the transferor has verified the identity of the transferee by
21 examining a valid state identification document of the transferee issued
22 by the department of motor vehicles or if the transferee is not a resi-
23 dent of the state of New York, a valid identification document issued by
24 the transferee's state or country of residence containing a photograph
25 of the transferee.]
26 § 8. Subdivisions 2 and 6 of section 400.03 of the penal law, as
27 amended by section 8 of chapter 371 of the laws of 2022, are amended to
28 read as follows:
29 2. Any seller of ammunition or dealer in firearms shall keep [either
30 an electronic record, or dataset, or an organized collection of struc-
31 tured information, or data, typically stored electronically in a comput-
32 er system] a record book approved as to form by the superintendent of
33 state police. In the record book shall be entered at the time of every
34 transaction involving ammunition the date, name, age, occupation and
35 residence of any person from whom ammunition is received or to whom
36 ammunition is delivered, and the amount, calibre, manufacturer's name
37 and serial number, or if none, any other distinguishing number or iden-
38 tification mark on such ammunition. The record book shall be maintained
39 on the premises mentioned and described in the license and shall be open
40 at all reasonable hours for inspection by any peace officer, acting
41 pursuant to his or her special duties, or police officer. Any record
42 produced pursuant to this section and any transmission thereof to any
43 government agency shall not be considered a public record for purposes
44 of article six of the public officers law.
45 6. If the superintendent of state police certifies that background
46 checks of ammunition purchasers may be conducted through the national
47 instant criminal background check system [or through the division of
48 state police once the division has been designated point of contact],
49 use of that system by a dealer or seller shall be sufficient to satisfy
50 subdivisions four and five of this section and such checks shall be
51 conducted through such system, provided that a record of such trans-
52 action shall be forwarded to the state police in a form determined by
53 the superintendent.
54 § 9. Section 265.45 of the penal law, as amended by chapter 371 of the
55 laws of 2022, is amended to read as follows:
S. 9501 9
1 § 265.45 Failure to safely store rifles, shotguns, and firearms in the
2 first degree.
3 [1.] No person who owns or is custodian of a rifle, shotgun or firearm
4 who resides with an individual who: (i) is under [eighteen] sixteen
5 years of age; (ii) such person knows or has reason to know is prohibited
6 from possessing a rifle, shotgun or firearm pursuant to a temporary or
7 final extreme risk protection order issued under article sixty-three-A
8 of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8)
9 or (9); or (iii) such person knows or has reason to know is prohibited
10 from possessing a rifle, shotgun or firearm based on a conviction for a
11 felony or a serious offense, shall store or otherwise leave such rifle,
12 shotgun or firearm out of his or her immediate possession or control
13 without having first securely locked such rifle, shotgun or firearm in
14 an appropriate safe storage depository or rendered it incapable of being
15 fired by use of a gun locking device appropriate to that weapon.
16 [2. No person shall store or otherwise leave a rifle, shotgun, or
17 firearm out of his or her immediate possession or control inside a vehi-
18 cle without first removing the ammunition from and securely locking such
19 rifle, shotgun, or firearm in an appropriate safe storage depository out
20 of sight from outside of the vehicle.
21 3.] For purposes of this section "safe storage depository" shall mean
22 a safe or other secure container which, when locked, is incapable of
23 being opened without the key, [keypad,] combination or other unlocking
24 mechanism and is capable of preventing an unauthorized person from
25 obtaining access to and possession of the weapon contained therein [and
26 shall be fire, impact, and tamper resistant]. Nothing in this section
27 shall be deemed to affect, impair or supersede any special or local act
28 relating to the safe storage of rifles, shotguns or firearms which
29 impose additional requirements on the owner or custodian of such weap-
30 ons. [For the purposes of subdivision two of this section, a glove
31 compartment or glove box shall not be considered an appropriate safe
32 storage depository.
33 4.] It shall not be a violation of this section to allow a person less
34 than [eighteen] sixteen years of age access to: (i) a firearm, rifle or
35 shotgun for lawful use as authorized under paragraph seven or seven-e of
36 subdivision a of section 265.20 of this article, or (ii) a rifle or
37 shotgun for lawful use as authorized by article eleven of the environ-
38 mental conservation law when such person less than [eighteen] sixteen
39 years of age is the holder of a hunting license or permit and such rifle
40 or shotgun is used in accordance with such law.
41 Failure to safely store rifles, shotguns, and firearms in the first
42 degree is a class A misdemeanor.
43 § 10. Section 400.30 of the penal law is REPEALED.
44 § 11. Section 270.20 of the penal law, as amended by chapter 371 of
45 the laws of 2022, is amended to read as follows:
46 § 270.20 Unlawful wearing of a body [armor] vest.
47 1. A person is guilty of the unlawful wearing of a body [armor] vest
48 when acting either alone or with one or more other persons he commits
49 any violent felony offense defined in section 70.02 while possessing a
50 firearm, rifle or shotgun and in the course of and in furtherance of
51 such crime he or she wears a body [armor] vest.
52 2. For the purposes of this section a "body [armor] vest" means [any
53 product that is a personal protective body covering intended to protect
54 against gunfire, regardless of whether such product is to be worn alone
55 or is sold as a complement to another product or garment] a bullet-re-
56 sistant soft body armor providing, as a minimum standard, the level of
S. 9501 10
1 protection known as threat level I which shall mean at least seven
2 layers of bullet-resistant material providing protection from three
3 shots of one hundred fifty-eight grain lead ammunition fired from a .38
4 calibre handgun at a velocity of eight hundred fifty feet per second.
5 The unlawful wearing of a body [armor] vest is a class E felony.
6 § 12. Section 270.21 of the penal law, as amended by chapter 371 of
7 the laws of 2022, is amended to read as follows:
8 § 270.21 Unlawful purchase of a body [armor] vest.
9 A person is guilty of the unlawful purchase of a body [armor] vest
10 when, not being engaged or employed in an eligible profession, they
11 knowingly purchase or take possession of a body [armor] vest, as such
12 term is defined in subdivision two of section 270.20 of this article.
13 This section shall not apply to individuals or entities engaged or
14 employed in eligible professions, which shall include police officers as
15 defined in section 1.20 of the criminal procedure law, peace officers as
16 defined in section 2.10 of the criminal procedure law, persons in mili-
17 tary service in the state of New York or military or other service for
18 the United States, and such other professions designated by the depart-
19 ment of state in accordance with section one hundred forty-four-a of the
20 executive law.
21 Unlawful purchase of a body [armor] vest is a class A misdemeanor for
22 a first offense and a class E felony for any subsequent offense.
23 § 13. Section 270.22 of the penal law, as amended by chapter 371 of
24 the laws of 2022, is amended to read as follows:
25 § 270.22 Unlawful sale of a body [armor] vest.
26 A person is guilty of the unlawful sale of a body [armor] vest when
27 they sell, exchange, give or dispose of a body [armor] vest, as such
28 term is defined in subdivision two of section 270.20 of this article, to
29 an individual whom they know or reasonably should have known is not
30 engaged or employed in an eligible profession, as such term is defined
31 in section 270.21 of this article.
32 Unlawful sale of a body [armor] vest is a class A misdemeanor for the
33 first offense and a class E felony for any subsequent offense.
34 § 14. Section 396-eee of the general business law, as amended by chap-
35 ter 371 of the laws of 2022, is amended to read as follows:
36 § 396-eee. Unlawful sale or delivery of body [armor] vests. 1. No
37 person, firm or corporation shall sell or deliver body [armor] vests to
38 any individual or entity not engaged or employed in an eligible profes-
39 sion, and except as provided in subdivision [two] three of this section,
40 no such sale or delivery shall be permitted unless the transferee meets
41 in person with the transferor to accomplish such sale or delivery.
42 2. The provisions of subdivision one of this section regarding in
43 person sale or delivery shall not apply to purchases made by [federal,]
44 state[,] or local government agencies for the purpose of furnishing such
45 body [armor] vests to employees in eligible professions.
46 3. For the purposes of this section, "body [armor] vest" shall have
47 the same meaning as defined in subdivision two of section 270.20 of the
48 penal law.
49 4. Any person, firm or corporation that violate the provisions of this
50 section shall be guilty of a violation punishable by a fine in an amount
51 not to exceed five thousand dollars for the first offense and in an
52 amount not to exceed ten thousand dollars for any subsequent offense.
53 § 15. Section 144-a of the executive law, as amended by chapter 371 of
54 the laws of 2022, is amended to read as follows:
55 § 144-a. Eligible professions for the purchase, sale, and use of body
56 [armor] vests. The secretary of state in consultation with the division
S. 9501 11
1 of criminal justice services, the division of homeland security and
2 emergency services, the department of corrections and community super-
3 vision, the division of the state police, and the office of general
4 services shall promulgate rules and regulations to establish criteria
5 for eligible professions requiring the use of a body [armor] vest, as
6 such term is defined in subdivision two of section 270.20 of the penal
7 law. Such professions shall include those in which the duties may expose
8 the individual to serious physical injury that may be prevented or miti-
9 gated by the wearing of a body [armor] vest. Such rules and regulations
10 shall also include a process by which an individual or entity may
11 request that the profession in which they engage be added to the list of
12 eligible professions, a process by which the department shall approve
13 such professions, and a process by which individuals and entities may
14 present proof of engagement in eligible professions when purchasing a
15 body [armor] vest.
16 § 16. Section 228 of the executive law is REPEALED.
17 § 17. Subdivision 2 of section 898 of the general business law, as
18 amended by chapter 371 of the laws of 2022, is amended to read as
19 follows:
20 2. Before any sale, exchange or disposal pursuant to this article, a
21 national instant criminal background check must be completed by a dealer
22 who [shall submit a request to the division of state police pursuant to
23 section two hundred twenty-eight of the executive law] consents to
24 conduct such check, and upon completion of such background check, shall
25 complete a document, the form of which shall be approved by the super-
26 intendent of state police, that identifies and confirms that such check
27 was performed. Before a dealer who [has submitted a request to the divi-
28 sion of state police] consents to conduct a national instant criminal
29 background check delivers a firearm, rifle or shotgun to any person,
30 either (a) NICS [shall have] issued a "proceed" response to the dealer,
31 or (b) thirty calendar days shall have elapsed since the date the dealer
32 [submitted a request to the division of state police to contact the]
33 contacted NICS to initiate a national instant criminal background check
34 and NICS has not notified the [division of state police] dealer that the
35 transfer of the firearm, rifle or shotgun to such person should be
36 denied.
37 § 18. Paragraph (c) of subdivision 1 of section 896 of the general
38 business law, as amended by chapter 371 of the laws of 2022, is amended
39 to read as follows:
40 (c) [coordinate with the division of state police to] provide access
41 at the gun show to a firearm dealer licensed under federal law who is
42 authorized to perform a national instant criminal background check
43 [prior to any firearm sale or transfer] where the seller or transferor
44 of a firearm, rifle or shotgun is not authorized to conduct such a check
45 by (i) requiring firearm exhibitors who are firearm dealers licensed
46 under federal law and who are authorized to conduct a national instant
47 criminal background check to provide such a check at cost or (ii) desig-
48 nating a specific location at the gun show where a firearm dealer
49 licensed under federal law who is authorized to conduct a national
50 instant criminal background check will be present to perform such a
51 check at cost. Any firearm dealer licensed under federal law who
52 [submits a request to the division of state police to perform] performs
53 a national instant criminal background check pursuant to this paragraph
54 shall provide the seller or transferor of the firearm, rifle or shotgun
55 with a copy of the United States Department of Treasury, Bureau of Alco-
56 hol, Tobacco and Firearms Form ATF F 4473 and such dealer shall maintain
S. 9501 12
1 such form and make such form available for inspection by law enforcement
2 agencies for a period of ten years thereafter.
3 § 19. Section 19 of chapter 371 of the laws of 2022 is REPEALED.
4 § 20. Section 400.06 of the penal law is REPEALED.
5 § 21. Section 99-pp of the state finance law is REPEALED.
6 § 22. Subdivision 19 of section 265.00 of the penal law, as amended by
7 chapter 371 of the laws of 2022, is amended to read as follows:
8 19. "Duly authorized instructor" means (a) a duly commissioned officer
9 of the United States army, navy, marine corps or coast guard, or of the
10 national guard of the state of New York; or (b) a duly qualified adult
11 citizen of the United States who has been granted a certificate as an
12 instructor in small arms practice issued by the United States army, navy
13 or marine corps, or by the adjutant general of this state, [or by the
14 division of criminal justice services,] or by the national rifle associ-
15 ation of America, a not-for-profit corporation duly organized under the
16 laws of this state; or (c) [by] a person duly qualified and designated
17 by the department of environmental conservation under paragraph c of
18 subdivision three of section 11-0713 of the environmental conservation
19 law as its agent in the giving of instruction and the making of certif-
20 ications of qualification in responsible hunting practices; or (d) a New
21 York state 4-H certified shooting sports instructor.
22 § 23. Subdivision 18 of section 400.00 of the penal law, as amended by
23 chapter 371 of the laws of 2022, is amended to read as follows:
24 18. Notice. Upon the issuance of a license, the licensing officer
25 shall issue therewith[, and such licensee shall attest to the receipt
26 of,] the following [information and notifications: (a) the grounds for
27 which the license issued may be revoked, which shall include but not be
28 limited to the areas and locations for which the licenses issued under
29 paragraph (f) of subdivision two of this section prohibits the
30 possession of firearms, rifles, and shotguns, and that a conviction
31 under sections 265.01-d and 265.01-e of this chapter are felonies for
32 which licensure will be revoked;
33 (b) a notification regarding the requirements for safe storage which
34 shall be] notice in conspicuous and legible twenty-four point type on
35 eight and one-half inches by eleven inches paper stating in bold print
36 the following:
37 WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.
38 [WHEN STORED IN A HOME] FIREARMS[, RIFLES, OR SHOTGUNS] MUST EITHER BE
39 STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT
40 BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR
41 OTHER LAWFUL POSSESSOR IF A CHILD [UNDER THE AGE OF EIGHTEEN] RESIDES IN
42 THE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A
43 PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW.
44 FIREARMS SHOULD BE STORED [BY REMOVING THE AMMUNITION FROM AND SECURELY
45 LOCKING SUCH FIREARM] UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM
46 AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED
47 PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. [WHEN STORED IN A
48 VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR CONTROL, FIREARMS,
49 RIFLES, AND SHOTGUNS MUST BE STORED IN AN APPROPRIATE SAFE STORAGE
50 DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.
51 (c) any other information necessary to ensure such licensee is aware
52 of their responsibilities as a license holder.]
53 Nothing in this subdivision shall be deemed to affect, impair or
54 supersede any special or local law relating to providing notice regard-
55 ing the safe storage of rifles, shotguns or firearms.
S. 9501 13
1 § 23-a. Subdivision 19 of section 400.00 of the penal law is
2 REPEALED.
3 § 24. Subdivisions 11 and 12 of section 265.00 of the penal law, as
4 amended by chapter 371 of the laws of 2022, are amended to read as
5 follows:
6 11. "Rifle" means a weapon designed or redesigned, made or remade, and
7 intended to be fired from the shoulder and designed or redesigned and
8 made or remade to use the energy of the explosive in a fixed metallic
9 cartridge to fire only a single projectile through a rifled bore for
10 each single pull of the trigger [using either: (a) fixed metallic
11 cartridge; or (b) each projectile and explosive charge are loaded indi-
12 vidually for each shot discharged. In addition to common, modern usage,
13 rifles include those using obsolete ammunition not commonly available in
14 commercial trade, or that load through the muzzle and fire a single
15 projectile with each discharge, or loading, including muzzle loading
16 rifles, flintlock rifles, and black powder rifles].
17 12. "Shotgun" means a weapon designed or redesigned, made or remade,
18 and intended to be fired from the shoulder and designed or redesigned
19 and made or remade to use the energy of the explosive in a fixed shotgun
20 shell to fire through a smooth [or rifled] bore either a number of ball
21 shot or a single projectile for each single pull of the trigger [using
22 either: (a) a fixed shotgun shell; or (b) a projectile or number of ball
23 shot and explosive charge are loaded individually for each shot
24 discharged. In addition to common, modern usage, shotguns include those
25 using obsolete ammunition not commonly available in commercial trade, or
26 that load through the muzzle and fires ball shot with each discharge, or
27 loading, including muzzle loading shotguns, flintlock shotguns, and
28 black powder shotguns].
29 § 25. Severability. If any clause, sentence, paragraph or section of
30 this act shall be adjudged by any court of competent jurisdiction to be
31 invalid, the judgment shall not affect, impair or invalidate the remain-
32 der thereof, but shall be confined in its operation to the clause,
33 sentence, paragraph or section thereof directly involved in the contro-
34 versy in which the judgment shall have been rendered.
35 § 26. This act shall take effect on the same date and in the same
36 manner as chapter 371 of the laws of 2022, takes effect.
