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S51001 Summary:

S51001 Actions:

S51001 Committee Votes:

S51001 Floor Votes:

S51001 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                            1
 
                                  Extraordinary Session
 
                    IN SENATE
 
                                      July 1, 2022
                                       ___________
 
        Introduced  by  Sens. STEWART-COUSINS, MYRIE, KAVANAGH -- (at request of
          the Governor) -- 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, the executive
          law, the civil practice law and rules and the state  finance  law,  in
          relation to licensing and other provisions relating to firearms
 
          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,  2,  4,  4-a,
     2  4-b, 10 and 11 of section 400.00 of the penal law, subdivisions 1 and 10
     3  as  amended  by chapter 1 of the laws of 2013, paragraph (c) of subdivi-
     4  sion 1 as amended by chapter 60 of the laws of 2018,  paragraph  (j)  of
     5  subdivision 1 as amended by chapter 208 of the laws of 2022, subdivision
     6  1-a  as  added by section 2 of part N of chapter 55 of the laws of 2020,
     7  subdivision 2 as amended by chapter 212 of the laws of 2022, subdivision
     8  4 as amended by chapter 242 of the laws  of  2019,  subdivision  4-a  as
     9  added  by  chapter  233 of the laws of 1980, subdivision 4-b as added by
    10  chapter 446 of the laws of 1997, paragraph  (c)  of  subdivision  10  as
    11  added  by  chapter 212 of the laws of 2022, subdivision 11 as amended by
    12  chapter 207 of the laws of 2022, are amended and a new  subdivision  4-c
    13  is added to read as follows:
    14  [Licenses  to carry, possess, repair and dispose of] Licensing and other
    15  provisions relating to firearms.
    16    1. Eligibility. No license shall be issued or renewed pursuant to this
    17  section except by the licensing officer, and then  only  after  investi-
    18  gation  and  finding  that  all statements in a proper application for a
    19  license are true. No license shall be issued or renewed  except  for  an
    20  applicant  (a) twenty-one years of age or older, provided, however, that
    21  where such applicant has  been  honorably  discharged  from  the  United
    22  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    23  national guard of the state of New York, no such age  restriction  shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12053-04-2
        S. 1                                2
 
     1  apply;  (b)  of  good  moral  character, which, for the purposes of this
     2  article, shall mean having  the  essential  character,  temperament  and
     3  judgement  necessary to be entrusted with a weapon and to use it only in
     4  a  manner that does not endanger oneself or others; (c) who has not been
     5  convicted anywhere of a felony or a serious offense or who  is  not  the
     6  subject  of  an  outstanding  warrant  of arrest issued upon the alleged
     7  commission of a felony or serious offense; (d) who  is  not  a  fugitive
     8  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
     9  controlled substance as defined in section 21 U.S.C. 802; (f) who  being
    10  an alien (i) is not illegally or unlawfully in the United States or (ii)
    11  has  not  been  admitted  to the United States under a nonimmigrant visa
    12  subject to the exception in 18 U.S.C. 922(y)(2); (g) who  has  not  been
    13  discharged from the Armed Forces under dishonorable conditions; (h) who,
    14  having been a citizen of the United States, has not renounced his or her
    15  citizenship;  (i) who has stated whether he or she has ever suffered any
    16  mental illness; (j) who has not been involuntarily committed to a facil-
    17  ity under the jurisdiction of an office  of  the  department  of  mental
    18  hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
    19  article seven hundred thirty or section 330.20 of the criminal procedure
    20  law or substantially similar laws  of  any  other  state,  section  four
    21  hundred  two  or five hundred eight of the correction law, section 322.2
    22  or 353.4 of the family court act, has not been  civilly  confined  in  a
    23  secure  treatment facility pursuant to article ten of the mental hygiene
    24  law, or has not been the subject of a report made  pursuant  to  section
    25  9.46 of the mental hygiene law; (k) who has not had a license revoked or
    26  who  is not under a suspension or ineligibility order issued pursuant to
    27  the provisions of section  530.14  of  the  criminal  procedure  law  or
    28  section  eight  hundred  forty-two-a of the family court act; (l) in the
    29  county of Westchester, who has successfully completed a firearms  safety
    30  course  and  test  as evidenced by a certificate of completion issued in
    31  his or her name and endorsed and affirmed under the penalties of perjury
    32  by a duly authorized instructor, except that: (i) persons who are honor-
    33  ably discharged from the United States army, navy, marine corps or coast
    34  guard, or of the national guard of the state of New  York,  and  produce
    35  evidence  of  official  qualification  in  firearms  during  the term of
    36  service are not required to have completed those  hours  of  a  firearms
    37  safety  course pertaining to the safe use, carrying, possession, mainte-
    38  nance and storage of a firearm; [and] (ii) persons who were licensed  to
    39  possess  a  pistol or revolver prior to the effective date of this para-
    40  graph are not required to have completed a firearms  safety  course  and
    41  test,  provided,  however, persons with a license issued under paragraph
    42  (f) of subdivision two of this section prior to the  effective  date  of
    43  the  laws  of two thousand twenty-two which amended this paragraph shall
    44  be required to complete the training required by subdivision nineteen of
    45  this section prior to the recertification of  such  license;  and  (iii)
    46  persons applying for a license under paragraph (f) of subdivision two of
    47  this  section  on or after the effective date of the chapter of the laws
    48  of two thousand twenty-two which amended this  paragraph  who  shall  be
    49  required to complete the training required under subdivision nineteen of
    50  this  section for such license; (m) who has not had a guardian appointed
    51  for him or her pursuant to any provision of state law, based on a deter-
    52  mination that as a  result  of  marked  subnormal  intelligence,  mental
    53  illness, incompetency, incapacity, condition or disease, he or she lacks
    54  the  mental  capacity to contract or manage his or her own affairs; [and
    55  (n) concerning whom no good cause exists for the denial of the license.]
    56  (n) for a license issued under paragraph (f) of subdivision two of  this
        S. 1                                3
 
     1  section,  that the applicant has not been convicted within five years of
     2  the date of the application of any of the following: (i)   assault    in
     3  the    third  degree, as defined in section 120.00 of this chapter; (ii)
     4  misdemeanor driving  while intoxicated,  as  defined  in section  eleven
     5  hundred ninety-two of the vehicle and traffic law; or (iii) menacing, as
     6  defined  in section 120.15 of this chapter; and (o) for a license issued
     7  under paragraph (f) of subdivision two of this  section,  the  applicant
     8  shall  meet  in  person with the licensing officer for an interview  and
     9  shall, in addition to any other information or  forms  required  by  the
    10  license application submit to the licensing officer the following infor-
    11  mation:    (i)  names  and  contact  information for   the   applicant's
    12  current  spouse,  or domestic  partner, any other adults residing in the
    13  applicant's home, including any adult children  of  the  applicant,  and
    14  whether or not there are minors residing, full time or part time, in the
    15  applicant's  home;  (ii)  names  and contact information of no less than
    16  four character references who   can attest to the    applicant's    good
    17  moral  character and that such applicant has not engaged in any acts, or
    18  made any statements  that suggest they are likely to engage  in  conduct
    19  that  would result in harm to themselves or others;  (iii) certification
    20  of completion of the training required in subdivision nineteen  of  this
    21  section;  (iv)  a  list  of former and current social media accounts  of
    22  the applicant from the past  three  years  to  confirm  the  information
    23  regarding  the  applicants character and conduct as required in subpara-
    24  graph (ii) of this paragraph; and (v) such other information required by
    25  the  licensing  officer that is reasonably necessary and related to  the
    26  review of the licensing application.
    27    1-a.  No  person shall engage in the business of gunsmith or dealer in
    28  firearms unless licensed pursuant  to  this  section.  An  applicant  to
    29  engage  in  such  business shall also be a citizen of the United States,
    30  more than twenty-one years of age and shall be required  to  maintain  a
    31  place of business in the city or county where the license is issued. For
    32  such  business,  if  the applicant is a firm or partnership, each member
    33  thereof shall comply with all of the  requirements  set  forth  in  this
    34  subdivision  and if the applicant is a corporation, each officer thereof
    35  shall so comply.
    36    [1-a.] 1-b. For purposes of subdivision one of this  section,  serious
    37  offense shall include an offense in any jurisdiction or the former penal
    38  law  that includes all of the essential elements of a serious offense as
    39  defined by subdivision seventeen of  section  265.00  of  this  chapter.
    40  Nothing in this subdivision shall preclude the denial of a license based
    41  on  the  commission  of,  arrest  for or conviction of an offense in any
    42  other jurisdiction which does not include all of the essential  elements
    43  of a serious offense.
    44    2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
    45  shall be issued to engage in such business. A license for a semiautomat-
    46  ic rifle, other than an assault weapon or disguised gun, shall be issued
    47  to purchase or take possession of such a [firearm]  semiautomatic  rifle
    48  when such transfer of ownership occurs on or after the effective date of
    49  [the]  chapter two hundred twelve of the laws of two thousand twenty-two
    50  that amended this subdivision. A license for a pistol or revolver, other
    51  than an assault weapon or a disguised gun, shall be issued to  (a)  have
    52  and  possess  in  his dwelling by a householder; (b) have and possess in
    53  his place of business by a merchant or storekeeper; (c) have  and  carry
    54  concealed  while so employed by a messenger employed by a banking insti-
    55  tution or express company; (d) have and carry concealed by a justice  of
    56  the  supreme  court in the first or second judicial departments, or by a
        S. 1                                4
 
     1  judge of the New York city civil court or the  New  York  city  criminal
     2  court;  (e)  have  and  carry  concealed  while so employed by a regular
     3  employee of an institution of the state, or of any county, city, town or
     4  village,  under  control  of a commissioner of correction of the city or
     5  any warden, superintendent or head keeper of any state prison,  peniten-
     6  tiary,  workhouse, county jail or other institution for the detention of
     7  persons convicted or accused of crime or held as witnesses  in  criminal
     8  cases,  provided that application is made therefor by such commissioner,
     9  warden, superintendent or head keeper; (f)  have  and  carry  concealed,
    10  without  regard  to  employment  or  place  of possession subject to the
    11  restrictions of state and federal law, by any person [when proper  cause
    12  exists  for  the  issuance  thereof]; and (g) have, possess, collect and
    13  carry antique pistols which are defined as follows: (i) any single shot,
    14  muzzle loading pistol with a matchlock, flintlock,  percussion  cap,  or
    15  similar  type  of ignition system manufactured in or before [l898] 1898,
    16  which is not designed for using rimfire or conventional centerfire fixed
    17  ammunition; and (ii) any replica of any pistol described in  clause  (i)
    18  hereof if such replica[--];
    19    (1)  is  not  designed or redesigned for using rimfire or conventional
    20  centerfire fixed ammunition, or
    21    (2) uses rimfire or conventional centerfire fixed ammunition which  is
    22  no  longer  manufactured  in  the United States and which is not readily
    23  available in the ordinary channels of commercial trade.
    24    4. Investigation. Before a license is issued or renewed,  there  shall
    25  be an investigation of all statements required in the application by the
    26  duly  constituted police authorities of the locality where such applica-
    27  tion is made, including but not limited to such records as may be acces-
    28  sible to the division of state police or division  of  criminal  justice
    29  services  pursuant  to section 400.02 of this article. For that purpose,
    30  the records of the  appropriate  office  of  the  department  of  mental
    31  hygiene  concerning  previous or present mental illness of the applicant
    32  shall be available for inspection by the investigating  officer  of  the
    33  police  authority.  Where the applicant is domiciled in a foreign state,
    34  the investigation shall include inquiry of the foreign state for records
    35  concerning the previous or present mental illness of the applicant, and,
    36  to the extent necessary for inspection by the investigating officer, the
    37  applicant shall execute a waiver of confidentiality of  such  record  in
    38  such form as may be required by the foreign state. In order to ascertain
    39  any  previous  criminal record, the investigating officer shall take the
    40  fingerprints and physical descriptive  data  in  quadruplicate  of  each
    41  individual by whom the application is signed and verified. Two copies of
    42  such  fingerprints  shall  be  taken on standard fingerprint cards eight
    43  inches square, and one copy may be taken on a  card  supplied  for  that
    44  purpose  by the federal bureau of investigation; provided, however, that
    45  in the case of a corporate applicant that  has  already  been  issued  a
    46  dealer  in firearms license and seeks to operate a firearm dealership at
    47  a second or subsequent location, the original fingerprints on  file  may
    48  be  used  to  ascertain  any criminal record in the second or subsequent
    49  application unless any of the corporate officers have changed since  the
    50  prior  application, in which case the new corporate officer shall comply
    51  with procedures governing an initial application for such license.  When
    52  completed,  one  standard card shall be forwarded to and retained by the
    53  division of criminal justice services in the  executive  department,  at
    54  Albany.  A search of the files of such division and written notification
    55  of the results of the search shall be  forwarded  to  the  investigating
    56  officer  and  shall  be made without unnecessary delay. Thereafter, such
        S. 1                                5
 
     1  division shall notify the licensing officer and  the  executive  depart-
     2  ment,  division  of  state police, Albany, of any criminal record of the
     3  applicant filed therein subsequent to the search of its files. A  second
     4  standard  card,  or  the  one supplied by the federal bureau of investi-
     5  gation, as the case may be, shall be forwarded to that bureau  at  Wash-
     6  ington  with  a  request  that  the  files of the bureau be searched and
     7  notification of the results of the search be made to  the  investigating
     8  police  authority.  Of the remaining two fingerprint cards, one shall be
     9  filed with the executive department, division of state  police,  Albany,
    10  within  ten  days  after  issuance  of  the license, and the other shall
    11  remain on file with the investigating police authority. No such  finger-
    12  prints may be inspected by any person other than a peace officer, who is
    13  acting  pursuant  to  his  or  her  special duties, or a police officer,
    14  except on order of a judge or justice of a court of record  either  upon
    15  notice  to  the  licensee or without notice, as the judge or justice may
    16  deem appropriate. Upon  completion  of  the  investigation,  the  police
    17  authority  shall  report  the  results  to the licensing officer without
    18  unnecessary delay.
    19    4-a. Appeals from denial of an application,  renewal,  recertification
    20  or  license  revocation.  If an application for a license is denied, not
    21  renewed, not recertified, or revoked, the licensing officer shall  issue
    22  a  written  notice  to  the applicant setting forth the reasons for such
    23  denial. An applicant may, within ninety days of receipt of such  notice,
    24  request  a  hearing to appeal the denial to the appeals board created by
    25  the division of criminal justice  services  and  the  superintendent  of
    26  state police. An individual may be represented by counsel at any appear-
    27  ance  before  the  appeals board and shall be afforded an opportunity to
    28  present additional evidence  in  support  of  their  application.    The
    29  commissioner  of  criminal  justice  services  and the superintendent of
    30  state police shall  promulgate  rules  and  regulations  governing  such
    31  appeals process.
    32    4-b.  Processing  of  license  applications. Applications for licenses
    33  shall be accepted for processing by the licensing officer at the time of
    34  presentment. Except upon written notice to  the  applicant  specifically
    35  stating  the  reasons  for any delay, in each case the licensing officer
    36  shall act upon any application for a license pursuant  to  this  section
    37  within  six  months of the date of presentment of such an application to
    38  the appropriate authority. Such delay may only be  for  good  cause  and
    39  with  respect  to  the  applicant.  In  acting  upon an application, the
    40  licensing officer shall either deny the application for reasons  specif-
    41  ically  and  concisely  stated  in  writing or grant the application and
    42  issue the license applied for.
    43    [4-b.] 4-c. Westchester county firearms safety course certificate.  In
    44  the  county  of  Westchester,  at the time of application, the licensing
    45  officer to which the license application is made shall provide a copy of
    46  the safety course booklet to each license applicant. Before such license
    47  is issued, such licensing  officer  shall  require  that  the  applicant
    48  submit  a  certificate  of  successful  completion  of a firearms safety
    49  course and test issued in his or her  name  and  endorsed  and  affirmed
    50  under the penalties of perjury by a duly authorized instructor.
    51    10.  License:  expiration,  certification and renewal. (a) Any license
    52  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    53  license  to  carry  or  possess a pistol or revolver, issued at any time
    54  pursuant to this section or prior to the first  day  of  July,  nineteen
    55  hundred  sixty-three  and not limited to expire on an earlier date fixed
    56  in the license, shall, except as otherwise provided in paragraph (d)  of
        S. 1                                6
 
     1  this  subdivision,  expire  not  more than three years after the date of
     2  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
     3  license  to  carry  or  possess a pistol or revolver, issued at any time
     4  pursuant  to  this  section  or prior to the first day of July, nineteen
     5  hundred sixty-three and not limited to expire on an earlier  date  fixed
     6  in  the license, shall expire not more than five years after the date of
     7  issuance; however, in the county of Westchester, any such license  shall
     8  be  certified  prior to the first day of April, two thousand, in accord-
     9  ance with a schedule to be contained in regulations promulgated  by  the
    10  commissioner  of  the  division  of criminal justice services, and every
    11  such license shall, except as otherwise provided  in  paragraph  (d)  of
    12  this  subdivision,  be  recertified  every  five  years  thereafter. For
    13  purposes of this section certification  shall  mean  that  the  licensee
    14  shall  provide  to the licensing officer the following information only:
    15  current name, date of birth, current address, and the make, model, cali-
    16  ber and serial number of all firearms currently possessed. Such  certif-
    17  ication  information shall be filed by the licensing officer in the same
    18  manner as an amendment. Elsewhere than in the city of New York  and  the
    19  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    20  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    21  section  or prior to the first day of July, nineteen hundred sixty-three
    22  and not previously revoked or cancelled, shall be in  force  and  effect
    23  until  revoked  as herein provided. Any license not previously cancelled
    24  or revoked shall remain in full force and effect for thirty days  beyond
    25  the  stated  expiration date on such license. Any application to renew a
    26  license that has not previously expired, been revoked or cancelled shall
    27  thereby extend the term of the license until disposition of the applica-
    28  tion by the licensing officer. In the case of a license for gunsmith  or
    29  dealer  in  firearms,  in  counties having a population of less than two
    30  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    31  submitted on original applications and upon renewal thereafter [only] at
    32  [six]  three  year  intervals.  Upon satisfactory proof that a currently
    33  valid original license has been despoiled,  lost  or  otherwise  removed
    34  from  the  possession of the licensee and upon application containing an
    35  additional photograph of the licensee, the licensing officer shall issue
    36  a duplicate license.
    37    (b) All licensees shall be recertified to the division of state police
    38  every five years thereafter, except as otherwise provided  in  paragraph
    39  (d) of this subdivision. Any license issued before the effective date of
    40  the  chapter of the laws of two thousand thirteen which added this para-
    41  graph shall be recertified by the licensee on or before January  thirty-
    42  first,  two  thousand eighteen, and not less than one year prior to such
    43  date, the state police shall send a notice to all  license  holders  who
    44  have  not  recertified  by such time. Such recertification shall be in a
    45  form as approved by the superintendent  of  state  police,  which  shall
    46  request the license holder's name, date of birth, gender, race, residen-
    47  tial address, social security number, firearms possessed by such license
    48  holder,  email address at the option of the license holder and an affir-
    49  mation that such  license  holder  is  not  prohibited  from  possessing
    50  firearms.  The form may be in an electronic form if so designated by the
    51  superintendent of state police. Failure to  recertify  shall  act  as  a
    52  revocation  of  such license. If the New York state police discover as a
    53  result of the recertification process that a licensee failed to  provide
    54  a  change  of  address,  the New York state police shall not require the
    55  licensing officer to revoke such license.
        S. 1                                7
 
     1    (c) A license to purchase or take possession of a semiautomatic  rifle
     2  as  defined  in  subdivision two of this section shall be recertified to
     3  the applicable licensing officer every five years following the issuance
     4  of such license. Failure to renew such a license shall  be  a  violation
     5  punishable  by  a fine not to exceed two hundred fifty dollars, and such
     6  failure to renew shall be  considered  by  the  licensing  officer  when
     7  reviewing  future license applications by the license holder pursuant to
     8  this chapter.
     9    (d) Licenses issued under paragraph (f) of  subdivision  two  of  this
    10  section  shall  be recertified or renewed in the same form and manner as
    11  otherwise required by this  subdivision,  provided  however,  that  such
    12  licenses shall be recertified or renewed every three years following the
    13  issuance  of  such  license.  For licenses issued prior to the effective
    14  date of this paragraph that were issued more than three years  prior  to
    15  such  date, or will expire in less than one year from such date shall be
    16  recertified or renewed within one year of such date.
    17    11. License: revocation and suspension. (a) The conviction of a licen-
    18  see anywhere of a felony or serious offense or a licensee  at  any  time
    19  becoming  ineligible to obtain a license [under this section shall oper-
    20  ate as], including engaging in conduct that would have resulted  in  the
    21  denial  of  a license, under this section shall operate as or be grounds
    22  for, a revocation of the license. A license may be revoked or  suspended
    23  as  provided  for  in  section  530.14  of the criminal procedure law or
    24  section eight hundred forty-two-a of the family court act. Except for  a
    25  license issued pursuant to section 400.01 of this article, a license may
    26  be revoked and cancelled at any time in the city of New York, and in the
    27  counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
    28  than in the city of New York by any judge  or  justice  of  a  court  of
    29  record;  a license issued pursuant to section 400.01 of this article may
    30  be revoked and cancelled at any time by the  licensing  officer  or  any
    31  judge  or justice of a court of record. A license to engage in the busi-
    32  ness of dealer may be revoked or suspended  for  any  violation  of  the
    33  provisions  of  article  thirty-nine-BB of the general business law. The
    34  official revoking a license shall give written  notice  thereof  without
    35  unnecessary delay to the executive department, division of state police,
    36  Albany,  and  shall  also notify immediately the duly constituted police
    37  authorities of the locality.   The licensing officer  shall  revoke  any
    38  license  issued  in  which  an applicant knowingly made a material false
    39  statement on the application.  Notice of a revocation under this  subdi-
    40  vision  shall  be  issued in writing and shall include the basis for the
    41  determination, which shall  be  supported  by  a  preponderance  of  the
    42  evidence. Such notice shall also include information regarding the abil-
    43  ity  to  appeal  such  decision in accordance with subdivision four-a of
    44  this section.
    45    (b) Whenever the director of community services or his or her designee
    46  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
    47  division  of  criminal  justice  services shall convey such information,
    48  whenever it determines that the person named in the report  possesses  a
    49  license  issued  pursuant  to this section, to the appropriate licensing
    50  official, who shall issue an order suspending or revoking such license.
    51    (c) In any instance in  which  a  person's  license  is  suspended  or
    52  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
    53  shall surrender such license to the appropriate licensing  official  and
    54  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
    55  person shall be surrendered to an appropriate law enforcement agency  as
    56  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
        S. 1                                8
 
     1  section 265.20 of this chapter. In  the  event  such  license,  firearm,
     2  shotgun,  or  rifle  is not surrendered, such items shall be removed and
     3  declared a nuisance and any  police  officer  or  peace  officer  acting
     4  pursuant  to  his  or her special duties is authorized to remove any and
     5  all such weapons.
     6    § 2. Section 837 of the executive law  is  amended  by  adding  a  new
     7  subdivision 23 to read as follows:
     8    23.  (a)  In  conjunction with the superintendent of the state police,
     9  promulgate policies and procedures with  regard  to  standardization  of
    10  firearms  safety training required under subdivision nineteen of section
    11  400.00 of the penal law, which shall  include  the  approval  of  course
    12  materials and promulgation of proficiency standards for live fire train-
    13  ing; and
    14    (b)  In conjunction with the superintendent of state police, create an
    15  appeals board for the purpose of hearing appeals as provided in subdivi-
    16  sion four-a of section 400.00 of the penal law and promulgate rules  and
    17  regulations governing such appeals.
    18    §  3. The executive law is amended by adding a new section 235 to read
    19  as follows:
    20    § 235. Firearms safety training, and licensing appeals. 1. The  super-
    21  intendent shall, in conjunction with the commissioner of the division of
    22  criminal  justice  services,  promulgate  policies  and  procedures with
    23  regard to standardization of firearms  safety  training  required  under
    24  subdivision  nineteen  of  section  400.00 of the penal law, which shall
    25  include the approval of course materials and the promulgation of  profi-
    26  ciency standards for live fire training.
    27    2.  The  superintendent,  in  conjunction with the commissioner of the
    28  division of criminal justice services, shall create an appeals board for
    29  the purpose of hearing appeals as  provided  in  subdivision  four-a  of
    30  section  400.00  of  the  penal law and promulgate rules and regulations
    31  governing such appeals.
    32    § 4. The penal law is amended by adding a new section 265.01-e to read
    33  as follows:
    34  § 265.01-e Criminal possession of a  firearm,  rifle  or  shotgun  in  a
    35               sensitive location.
    36    1.  A  person  is guilty of criminal possession of a firearm, rifle or
    37  shotgun in a sensitive location when such person  possesses  a  firearm,
    38  rifle  or shotgun in or upon a sensitive location, and such person knows
    39  or reasonably should know such location is a sensitive location.
    40    2. For the purposes of this section, a sensitive location shall mean:
    41    (a) any place owned or under the control  of federal, state  or  local
    42  government,  for  the  purpose  of  government administration, including
    43  courts;
    44    (b) any location providing  health,  behavioral  health,  or  chemical
    45  dependance care or services;
    46    (c) any place of worship or religious observation;
    47    (d) libraries, public playgrounds, public parks, and zoos;
    48    (e)  the location of any program licensed, regulated, certified, fund-
    49  ed, or approved by the office  of  children  and  family  services  that
    50  provides  services  to  children,  youth,  or  young adults, any legally
    51  exempt childcare provider; a childcare program for  which  a  permit  to
    52  operate  such  program  has  been issued by the department of health and
    53  mental hygiene pursuant to the health code of the city of New York;
    54    (f) nursery schools, preschools, and summer camps;
        S. 1                                9
 
     1    (g) the location of any program licensed, regulated, certified,  oper-
     2  ated,  or  funded  by the office for people with developmental disabili-
     3  ties;
     4    (h)  the location of any program licensed, regulated, certified, oper-
     5  ated, or funded by office of addiction services and supports;
     6    (i) the location of any program licensed, regulated, certified,  oper-
     7  ated, or funded by the office of mental health;
     8    (j)  the location of any program licensed, regulated, certified, oper-
     9  ated, or funded by the office of temporary and disability assistance;
    10    (k) homeless shelters, runaway homeless youth shelters,  family  shel-
    11  ters,  shelters  for  adults,  domestic violence shelters, and emergency
    12  shelters, and residential programs for victims of domestic violence;
    13    (l) residential settings licensed, certified,  regulated,  funded,  or
    14  operated by the department of health;
    15    (m) in or upon any building or grounds, owned or leased, of any educa-
    16  tional  institutions, colleges and universities, licensed private career
    17  schools, school districts,  public  schools,  private  schools  licensed
    18  under  article  one  hundred  one of the education law, charter schools,
    19  non-public schools, board of cooperative educational  services,  special
    20  act  schools,  preschool special education programs, private residential
    21  or non-residential schools for the education of students with  disabili-
    22  ties, and any state-operated or state-supported schools;
    23    (n)   any place, conveyance, or vehicle used for public transportation
    24  or public transit, subway cars, train cars,  buses,  ferries,  railroad,
    25  omnibus,  marine or aviation transportation; or any facility used for or
    26  in  connection  with  service  in  the  transportation  of   passengers,
    27  airports, train stations, subway and rail stations, and bus terminals;
    28    (o)  any  establishment  issued  a  license for on-premise consumption
    29  pursuant to article four, four-A, five, or six of the alcoholic beverage
    30  control law where alcohol is consumed  and  any  establishment  licensed
    31  under article four of the cannabis law for on-premise consumption;
    32    (p)  any place used for the performance, art entertainment, gaming, or
    33  sporting events such as theaters, stadiums, racetracks, museums,  amuse-
    34  ment  parks, performance venues, concerts, exhibits, conference centers,
    35  banquet halls, and gaming facilities and video lottery terminal  facili-
    36  ties as licensed by the gaming commission;
    37    (q) any location being used as a polling place;
    38    (r)  any  public sidewalk or other public area restricted from general
    39  public access for a limited time or special event that has been issued a
    40  permit for such time or event by a governmental entity,  or  subject  to
    41  specific,  heightened  law  enforcement protection, or has otherwise had
    42  such access restricted by a governmental entity, provided such  location
    43  is identified as such by clear and conspicuous signage;
    44    (s) any gathering of individuals to collectively express their consti-
    45  tutional rights to protest or assemble;
    46    (t)  the  area  commonly known as Times Square, as such area is deter-
    47  mined and identified by the city of New York; provided such  area  shall
    48  be clearly and conspicuously identified with signage.
    49    3. This section shall not apply to:
    50    (a)  consistent with federal law, law enforcement who qualify to carry
    51  under the federal law enforcement officers safety act, 18 U.S.C. 926C;
    52    (b) persons who are police officers as defined in subdivision  thirty-
    53  four of section 1.20 of the criminal procedure law;
    54    (c)  persons  who are designated peace officers by section 2.10 of the
    55  criminal procedure law;
        S. 1                               10

     1    (d) persons who were employed as police officers as defined in  subdi-
     2  vision thirty-four of section 1.20 of the criminal procedure law but are
     3  retired;
     4    (e) security guards as defined by and registered under article seven-A
     5  of  the  general  business  law,  who  have been granted a special armed
     6  registration card, while at the location of their employment and  during
     7  their work hours as such a security guard;
     8    (f) active-duty military personnel;
     9    (g)  persons  licensed  under paragraph (c), (d) or (e) of subdivision
    10  two of section 400.00 of this chapter while in the course of his or  her
    11  official duties;
    12    (h)  a  government  employee under the express written consent of such
    13  employee's supervising government entity for  the  purposes  of  natural
    14  resource protection and management;
    15    (i)  persons  lawfully  engaged  in hunting activity, including hunter
    16  education training; or
    17    (j) persons operating a program in a sensitive location out  of  their
    18  residence,  as  defined  by  this section, which is licensed, certified,
    19  authorized, or funded by the state or a municipality, so  long  as  such
    20  possession  is in compliance with any rules or regulations applicable to
    21  the operation of such program and use or storage of firearms.
    22    Criminal possession of a firearm, rifle  or  shotgun  in  a  sensitive
    23  location is a class E felony.
    24    § 5. The penal law is amended by adding a new section 265.01-d to read
    25  as follows:
    26  § 265.01-d Criminal possession of a weapon in a restricted location.
    27    1.  A  person  is  guilty  of  criminal  possession  of  a weapon in a
    28  restricted location when such person  possesses  a  firearm,  rifle,  or
    29  shotgun  and enters into or remains on or in private property where such
    30  person knows or reasonably should know that the owner or lessee of  such
    31  property  has  not  permitted  such  possession by clear and conspicuous
    32  signage indicating that the carrying of firearms, rifles, or shotguns on
    33  their property is permitted or has otherwise given express consent.
    34    2. This section shall not apply to:
    35    (a) police officers as defined in section 1.20 of the criminal  proce-
    36  dure law;
    37    (b)  persons  who  are designated peace officers as defined in section
    38  2.10 of the criminal procedure law;
    39    (c) persons who were employed as police officers as defined in section
    40  1.20 of the criminal procedure law, but are retired;
    41    (d) security guards as defined by and registered under article seven-A
    42  of the general business law who has been granted a special armed  regis-
    43  tration card, while at the location of their employment and during their
    44  work hours as such a security guard;
    45    (e) active-duty military personnel;
    46    (f)  persons  licensed  under paragraph (c), (d) or (e) of subdivision
    47  two of section 400.00 of this chapter while in the course of his or  her
    48  official duties; or
    49    (g) persons lawfully engaged in hunting activity.
    50    Criminal  possession of a weapon in a restricted location is a class E
    51  felony.
    52    § 6. Subdivision a of section 265.20 of the penal law  is  amended  by
    53  adding a new paragraph 3-a to read as follows:
    54    3-a.  Possession  of a pistol or revolver by a person undergoing live-
    55  fire range training pursuant to section 400.00  of  this  chapter  while
        S. 1                               11
 
     1  such  person  is  undergoing  such  training and is supervised by a duly
     2  authorized instructor.
     3    § 7. Section 400.02 of the penal law, as amended by chapter 244 of the
     4  laws of 2019, is amended to read as follows:
     5  § 400.02 Statewide license and record database.
     6    1.  There shall be a statewide license and record database which shall
     7  be created and maintained by the division of state police  the  cost  of
     8  which  shall  not  be  borne  by  any municipality. Records assembled or
     9  collected for purposes of  inclusion  in  such  database  shall  not  be
    10  subject  to  disclosure  pursuant  to article six of the public officers
    11  law. [Records] All records containing granted license applications  from
    12  all licensing authorities shall be [periodically] monthly checked by the
    13  division  of  criminal justice services in conjunction with the division
    14  of state police against criminal conviction, criminal indictment, mental
    15  health, extreme risk protection orders, orders of  protection,  and  all
    16  other  records as are necessary to determine their continued accuracy as
    17  well as whether an individual is no longer a valid license  holder.  The
    18  division  of criminal justice services shall also check pending applica-
    19  tions made pursuant to this article against such  records  to  determine
    20  whether  a  license  may  be granted. All state and local agencies shall
    21  cooperate with the division of criminal justice services,  as  otherwise
    22  authorized  by  law,  in making their records available for such checks.
    23  The division of criminal justice  services,  upon  determining  that  an
    24  individual  is  ineligible to possess a license, or is no longer a valid
    25  license holder, shall notify the applicable licensing official  of  such
    26  determination  and  such licensing official shall not issue a license or
    27  shall revoke such license and any weapons owned  or  possessed  by  such
    28  individual  shall  be removed consistent with the provisions of subdivi-
    29  sion eleven of section 400.00 of  this  article.  Local  and  state  law
    30  enforcement  shall  have  access  to such database in the performance of
    31  their duties. Records assembled or collected for purposes  of  inclusion
    32  in  the  database established by this section shall be released pursuant
    33  to a court order.
    34    2. There shall be a statewide license and record database specific for
    35  ammunition sales which shall be created and maintained by  the  division
    36  of state police the cost of which shall not be borne by any municipality
    37  no  later than thirty days upon designating the division of state police
    38  as the point of contact to perform both  firearm  and  ammunition  back-
    39  ground  checks  under  federal  and  state  law.  Records  assembled  or
    40  collected for purposes of  inclusion  in  such  database  shall  not  be
    41  subject  to  disclosure  pursuant  to article six of the public officers
    42  law. All  records  containing  granted  license  applications  from  all
    43  licensing authorities shall be monthly checked by the division of crimi-
    44  nal  justice  services  in conjunction with the division of state police
    45  against  criminal  conviction,  criminal  indictments,  mental   health,
    46  extreme  risk  protection  orders,  orders  of protection, and all other
    47  records as are necessary to determine their continued accuracy  as  well
    48  as  whether an individual is no longer a valid license holder. The divi-
    49  sion of criminal justice services shall also check pending  applications
    50  made  pursuant to this article against such records to determine whether
    51  a license may be granted. All state and local agencies  shall  cooperate
    52  with  the division of criminal justice services, as otherwise authorized
    53  by law, in making their records available for such checks. No later than
    54  thirty days after the superintendent of the state police certifies  that
    55  the  statewide  license and record database established pursuant to this
    56  section and the statewide license and record  database  established  for
        S. 1                               12
 
     1  ammunition  sales  are  operational  for the purposes of this section, a
     2  dealer in firearms licensed pursuant to section 400.00 of this  article,
     3  a  seller of ammunition as defined in subdivision twenty-four of section
     4  265.00  of  this  chapter shall not transfer any ammunition to any other
     5  person who is not a dealer in firearms as defined in subdivision nine of
     6  such section 265.00 or a seller of ammunition as defined in  subdivision
     7  twenty-four of section 265.00 of this chapter, unless:
     8    (a)  before  the  completion  of  the transfer, the licensee or seller
     9  contacts the statewide license and  record  database  and  provides  the
    10  database  with  information sufficient to identify such dealer or seller
    11  transferee based on information on the transferee's identification docu-
    12  ment as defined in paragraph (c) of this subdivision,  as  well  as  the
    13  amount,  caliber, manufacturer's name and serial number, if any, of such
    14  ammunition;
    15    (b) the licensee or seller is provided with  a  unique  identification
    16  number; and
    17    (c)  the  transferor  has  verified  the identity of the transferee by
    18  examining a valid state identification document of the transferee issued
    19  by the department of motor vehicles or if the transferee is not a  resi-
    20  dent of the state of New York, a valid identification document issued by
    21  the  transferee's  state or country of residence containing a photograph
    22  of the transferee.
    23    § 8. Subdivisions 2 and 6 of section 400.03 of the penal law, as added
    24  by chapter 1 of the laws of 2013, are amended to read as follows:
    25    2. Any seller of ammunition or dealer in firearms shall keep [a record
    26  book]  either  an  electronic  record,  or  dataset,  or  an   organized
    27  collection  of  structured  information, or data, typically stored elec-
    28  tronically in a computer system approved as to form by  the  superinten-
    29  dent  of state police. In the record [book] shall be entered at the time
    30  of every transaction involving ammunition the date, name,  age,  occupa-
    31  tion  and residence of any person from whom ammunition is received or to
    32  whom ammunition is delivered, and the  amount,  calibre,  manufacturer's
    33  name  and  serial number, or if none, any other distinguishing number or
    34  identification mark on such ammunition. [The record book shall be  main-
    35  tained  on the premises mentioned and described in the license and shall
    36  be open at all reasonable hours for inspection  by  any  peace  officer,
    37  acting  pursuant  to  his  or her special duties, or police officer. Any
    38  record produced pursuant to this section and any transmission thereof to
    39  any government agency shall  not  be  considered  a  public  record  for
    40  purposes of article six of the public officers law.]
    41    6.  If  the  superintendent  of state police certifies that background
    42  checks of ammunition purchasers may be conducted  through  the  national
    43  instant  criminal  background  check  system  or through the division of
    44  state police once the division has been designated point of contact, use
    45  of that system by a dealer or seller  shall  be  sufficient  to  satisfy
    46  subdivisions  four  and  five  of  this section and such checks shall be
    47  conducted through such system, provided that a  record  of  such  trans-
    48  action  shall  be  forwarded to the state police in a form determined by
    49  the superintendent.
    50    § 9. Section 265.45 of the penal law, as amended by chapter 133 of the
    51  laws of 2019, is amended to read as follows:
    52  § 265.45 Failure to safely store rifles, shotguns, and firearms  in  the
    53             first degree.
    54    1.  No  person who owns or is custodian of a rifle, shotgun or firearm
    55  who resides with an individual who:  (i)  is  under  [sixteen]  eighteen
    56  years of age; (ii) such person knows or has reason to know is prohibited
        S. 1                               13
 
     1  from  possessing  a rifle, shotgun or firearm pursuant to a temporary or
     2  final extreme risk protection order issued under  article  sixty-three-A
     3  of  the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8)
     4  or  (9);  or (iii) such person knows or has reason to know is prohibited
     5  from possessing a rifle, shotgun or firearm based on a conviction for  a
     6  felony  or a serious offense, shall store or otherwise leave such rifle,
     7  shotgun or firearm out of his or her  immediate  possession  or  control
     8  without  having  first securely locked such rifle, shotgun or firearm in
     9  an appropriate safe storage depository or rendered it incapable of being
    10  fired by use of a gun locking device appropriate to that weapon.
    11    2. No person shall store or  otherwise  leave  a  rifle,  shotgun,  or
    12  firearm out of his or her immediate possession or control inside a vehi-
    13  cle without first removing the ammunition from and securely locking such
    14  rifle, shotgun, or firearm in an appropriate safe storage depository out
    15  of sight from outside of the vehicle.
    16    3. For purposes of this section "safe storage depository" shall mean a
    17  safe or other secure container which, when locked, is incapable of being
    18  opened without the key, keypad, combination or other unlocking mechanism
    19  and  is  capable  of  preventing  an  unauthorized person from obtaining
    20  access to and possession of the weapon contained therein  and  shall  be
    21  fire,  impact,  and  tamper  resistant. Nothing in this section shall be
    22  deemed to affect, impair or supersede any special or local act  relating
    23  to  the  safe storage of rifles, shotguns or firearms which impose addi-
    24  tional requirements on the owner or custodian of such weapons.  For  the
    25  purposes  of  subdivision  two  of  this section, a glove compartment or
    26  glove box shall not be considered an appropriate safe storage  deposito-
    27  ry.
    28    4.  It shall not be a violation of this section to allow a person less
    29  than [sixteen] eighteen years of age access to: (i) a firearm, rifle  or
    30  shotgun for lawful use as authorized under paragraph seven or seven-e of
    31  subdivision  a  of  section  265.20  of this article, or (ii) a rifle or
    32  shotgun for lawful use as authorized by article eleven of  the  environ-
    33  mental  conservation  law  when such person less than [sixteen] eighteen
    34  years of age is the holder of a hunting license or permit and such rifle
    35  or shotgun is used in accordance with such law.
    36    Failure to safely store rifles, shotguns, and firearms  in  the  first
    37  degree is a class A misdemeanor.
    38    §  10. The penal law is amended by adding a new section 400.30 to read
    39  as follows:
    40  § 400.30 Application.
    41    Nothing in this article shall be construed to impair  or  in  any  way
    42  prevent  the enactment or application of any local law, code, ordinance,
    43  rule or regulation that is more restrictive  than  any  requirement  set
    44  forth in or established by this article.
    45    §  11.  Section 270.20 of the penal law, as added by chapter 56 of the
    46  laws of 1984, and subdivision 1 as amended by chapter 317 of the laws of
    47  2001, is amended to read as follows:
    48  § 270.20 Unlawful wearing of [a] body [vest] armor.
    49    1. A person is guilty of the unlawful wearing of [a] body [vest] armor
    50  when acting either alone or with one or more other  persons  he  commits
    51  any  violent  felony offense defined in section 70.02 while possessing a
    52  firearm, rifle or shotgun and in the course of  and  in  furtherance  of
    53  such crime he or she wears [a] body [vest] armor.
    54    2.  For  the purposes of this section [a] "body [vest] armor" means [a
    55  bullet-resistant soft body armor providing, as a minimum  standard,  the
    56  level  of  protection  known as threat level I which shall mean at least
        S. 1                               14

     1  seven layers of  bullet-resistant  material  providing  protection  from
     2  three  shots of one hundred fifty-eight grain lead ammunition fired from
     3  a .38 calibre handgun at a velocity of  eight  hundred  fifty  feet  per
     4  second] any product that is a personal protective body covering intended
     5  to  protect against gunfire, regardless of whether such product is to be
     6  worn alone or is sold as a complement to another product or garment.
     7    The unlawful wearing of [a] body [vest] armor is a class E felony.
     8    § 12. Section 270.21 of the penal law, as added by chapter 210 of  the
     9  laws of 2022, is amended to read as follows:
    10  § 270.21 Unlawful purchase of [a] body [vest] armor.
    11    A  person  is guilty of the unlawful purchase of [a] body [vest] armor
    12  when, not being engaged or employed  in  an  eligible  profession,  they
    13  knowingly  purchase or take possession of [a] body [vest] armor, as such
    14  term is defined in subdivision two of section 270.20  of  this  article.
    15  This  section  shall  not  apply  to  individuals or entities engaged or
    16  employed in eligible professions, which shall include police officers as
    17  defined in section 1.20 of the criminal procedure law, peace officers as
    18  defined in section 2.10 of the criminal procedure law, persons in  mili-
    19  tary  service  in the state of New York or military or other service for
    20  the United States, and such other professions designated by the  depart-
    21  ment of state in accordance with section one hundred forty-four-a of the
    22  executive law.
    23    Unlawful  purchase  of  [a] body [vest] armor is a class A misdemeanor
    24  for a first offense and a class E felony for any subsequent offense.
    25    § 13. Section 270.22 of the penal law, as added by chapter 210 of  the
    26  laws of 2022, is amended to read as follows:
    27  § 270.22 Unlawful sale of [a] body [vest] armor.
    28    A  person is guilty of the unlawful sale of [a] body [vest] armor when
    29  they sell, exchange, give or dispose of [a] body [vest] armor,  as  such
    30  term is defined in subdivision two of section 270.20 of this article, to
    31  an  individual  whom  they  know  or reasonably should have known is not
    32  engaged or employed in an eligible profession, as such term  is  defined
    33  in section 270.21 of this article.
    34    Unlawful  sale  of  [a] body [vest] armor is a class A misdemeanor for
    35  the first offense and a class E felony for any subsequent offense.
    36    § 14. Section 396-eee of the general business law, as added by chapter
    37  210 of the laws of 2022, is amended to read as follows:
    38    § 396-eee. Unlawful sale or delivery of body [vests]  armor.    1.  No
    39  person,  firm or corporation shall sell or deliver body [vests] armor to
    40  any individual or entity not engaged or employed in an eligible  profes-
    41  sion, and except as provided in subdivision [three] two of this section,
    42  no  such sale or delivery shall be permitted unless the transferee meets
    43  in person with the transferor to accomplish such sale or delivery.
    44    2. The provisions of subdivision one  of  this  section  regarding  in
    45  person  sale  or  delivery shall not apply to purchases made by federal,
    46  state, or local government agencies for the purpose of  furnishing  such
    47  body [vests] armor to employees in eligible professions.
    48    3.  For  the  purposes of this section, "body [vest] armor" shall have
    49  the same meaning as defined in subdivision two of section 270.20 of  the
    50  penal law.
    51    4. Any person, firm or corporation that violate the provisions of this
    52  section shall be guilty of a violation punishable by a fine in an amount
    53  not  to  exceed  five  thousand  dollars for the first offense and in an
    54  amount not to exceed ten thousand dollars for any subsequent offense.
    55    § 15. Section 144-a of the executive law, as added by chapter  210  of
    56  the laws of 2022, is amended to read as follows:
        S. 1                               15

     1    §  144-a. Eligible professions for the purchase, sale, and use of body
     2  [vests] armor. The secretary of state in consultation with the  division
     3  of  criminal  justice  services,  the  division of homeland security and
     4  emergency services, the department of corrections and  community  super-
     5  vision,  the  division  of  the  state police, and the office of general
     6  services shall promulgate rules and regulations  to  establish  criteria
     7  for  eligible professions requiring the use of [a] body [vest] armor, as
     8  such term is defined in subdivision two of section 270.20 of  the  penal
     9  law. Such professions shall include those in which the duties may expose
    10  the individual to serious physical injury that may be prevented or miti-
    11  gated  by  the  wearing  of [a] body [vest] armor.  Such rules and regu-
    12  lations shall also include a process by which an  individual  or  entity
    13  may  request  that  the  profession in which they engage be added to the
    14  list of eligible professions, a process by which  the  department  shall
    15  approve  such  professions, and a process by which individuals and enti-
    16  ties may present  proof  of  engagement  in  eligible  professions  when
    17  purchasing [a] body [vest] armor.
    18    § 16. The executive law is amended by adding a new section 228 to read
    19  as follows:
    20    §  228. National instant criminal background checks. 1.  (a) The divi-
    21  sion is hereby authorized and directed to serve  as  a  state  point  of
    22  contact  for implementation of 18 U.S.C. sec. 922 (t), all federal regu-
    23  lations and applicable guidelines  adopted  pursuant  thereto,  and  the
    24  national  instant  criminal  background check system for the purchase of
    25  firearms and ammunition.
    26    (b) Upon receiving a  request  from  a  licensed  dealer  pursuant  to
    27  section  eight  hundred  ninety-six or eight hundred ninety-eight of the
    28  general business law, the division shall initiate a background check  by
    29  (i)  contacting  the  National  Instant Criminal Background Check System
    30  (NICS) or its successor to initiate a national  instant  criminal  back-
    31  ground  check,  and  (ii)  consulting the statewide firearms license and
    32  records database established  pursuant  to  subdivision  three  of  this
    33  section, in order to determine if the purchaser is a person described in
    34  sections  400.00 and  400.03 of the penal law, or is prohibited by state
    35  or federal law from  possessing,  receiving,  owning,  or  purchasing  a
    36  firearm or ammunition.
    37    2.  (a) The division shall report the name, date of birth and physical
    38  description of any person prohibited from possessing a firearm  pursuant
    39  to  18  U.S.C. sec. 922(g) or (n) to the national instant criminal back-
    40  ground check system index, denied persons files.
    41    (b) Information provided pursuant to this section shall remain  privi-
    42  leged  and  confidential,  and  shall  not  be disclosed, except for the
    43  purpose of enforcing federal or state  law  regarding  the  purchase  of
    44  firearms or ammunition.
    45    (c)  Any  background  check  conducted  by  the division, or delegated
    46  authority, of any applicant for a permit, firearms  identification  card
    47  license,  ammunition  sale,  or  registration,  in  accordance  with the
    48  requirements of section 400.00 of the penal law, shall not be considered
    49  a public record and shall not be disclosed to any person not  authorized
    50  by  law or this chapter to have access to such background check, includ-
    51  ing the applicant. Any application for a permit, firearms identification
    52  card, ammunition sale, or license, and any document reflecting the issu-
    53  ance or denial of such permit, firearms identification card, or license,
    54  and any permit, firearms identification  card,  license,  certification,
    55  certificate,  form of register, or registration statement, maintained by
    56  any state or municipal governmental agency, shall not  be  considered  a
        S. 1                               16
 
     1  public record and shall not be disclosed to any person not authorized by
     2  law  to  have  access  to  such  documentation, including the applicant,
     3  except on the request of persons acting in their governmental capacities
     4  for purposes of the administration of justice.
     5    3. The division shall create and maintain a statewide firearms license
     6  and  records  database  which shall contain records held by the division
     7  and any records that it is authorized to request from  the  division  of
     8  criminal  justice  services,  office  of  court administration, New York
     9  state department of health, New York state office of mental health,  and
    10  other  local entities. Such database shall be used for the certification
    11  and recertification of firearm permits under section 400.02 of the penal
    12  law, assault weapon registration under subdivision sixteen-a of  section
    13  400.00  of  the  penal law, and ammunition sales under section 400.03 of
    14  the penal law. Such database shall also be used to initiate  a  national
    15  instant  criminal  background  check pursuant to subdivision one of this
    16  section upon request from a licensed dealer. The division may create and
    17  maintain additional databases as needed to  complete  background  checks
    18  pursuant to the requirements of this section.
    19    4. The superintendent shall promulgate a plan to coordinate background
    20  checks for firearm and ammunition purchases pursuant to this section and
    21  to  require  any  person,  firm  or  corporation that sells, delivers or
    22  otherwise transfers any firearm or ammunition to submit a request to the
    23  division in order to complete the background checks in  compliance  with
    24  federal  and  state  law,  including the National Instant Criminal Back-
    25  ground Check System (NICS), in New York state.  Such plan shall include,
    26  but shall not be limited to, the following features:
    27    (a) The creation of  a  centralized  bureau  within  the  division  to
    28  receive and process all background check requests, which shall include a
    29  contact  center  unit  and an appeals unit. Staff may include but is not
    30  limited to: bureau chief, supervisors,  managers,  different  levels  of
    31  administrative  analysts, appeals specialists and administrative person-
    32  nel. The division shall employ and train such  personnel  to  administer
    33  the provisions of this section.
    34    (b) Procedures for carrying out the duties under this section, includ-
    35  ing hours of operation.
    36    (c)  An  automated  phone  system  and  web-based  application system,
    37  including a toll-free  telephone  number  and/or  web-based  application
    38  option for any licensed dealer requesting a background check in order to
    39  sell, deliver or otherwise transfer a firearm which shall be operational
    40  every  day  that  the  bureau  is  open  for business for the purpose of
    41  responding to requests in accordance with this section.
    42    5. (a) Each licensed dealer that submits  a  request  for  a  national
    43  instant  criminal  background check pursuant to this section shall pay a
    44  fee imposed by the bureau for performing such background check. Such fee
    45  shall be allocated to the background check fund established pursuant  to
    46  section  ninety-nine-pp  of the state finance law. The amount of the fee
    47  shall not exceed the total amount of direct and indirect costs  incurred
    48  by the bureau in performing such background check.
    49    (b)  The  bureau  shall transmit all moneys collected pursuant to this
    50  paragraph to the state comptroller, who shall credit  the  same  to  the
    51  background check fund.
    52    6. On January fifteenth of each calendar year, the bureau shall submit
    53  a report to the governor, the temporary president of the senate, and the
    54  speaker of the assembly concerning:
        S. 1                               17
 
     1    a.  the  number  of employees used by the bureau in the preceding year
     2  for the  purpose  of  performing  background  checks  pursuant  to  this
     3  section;
     4    b.  the  number  of  background  check requests received and processed
     5  during the preceding calendar year, including the  number  of  "proceed"
     6  responses and the number and reasons for denials;
     7    c.  the  calculations  used to determine the amount of the fee imposed
     8  pursuant to this paragraph.
     9    7. Within sixty days of the effective date of this section, the super-
    10  intendent shall notify each licensed dealer holding  a  permit  to  sell
    11  firearms  of  the  requirement  to  submit  a request to the division to
    12  initiate a background check pursuant to this  section  as  well  as  the
    13  following means to be used to apply for background checks:
    14    i.  any  person, firm or corporation that sells, delivers or otherwise
    15  transfers firearms shall obtain a  completed  ATF  4473  form  from  the
    16  potential  buyer  or  transferee  including name, date of birth, gender,
    17  race, social security number, or other identification  numbers  of  such
    18  potential  buyer or transferee and shall have inspected proper identifi-
    19  cation including an identification containing a photograph of the poten-
    20  tial buyer or transferee.
    21    ii. it shall be unlawful for any person, in connection with the  sale,
    22  acquisition  or  attempted acquisition of a firearm from any transferor,
    23  to willfully make any false, fictitious oral or written statement or  to
    24  furnish  or exhibit any false, fictitious, or misrepresented identifica-
    25  tion that is intended or likely to deceive such transferor with  respect
    26  to  any fact material to the lawfulness of the sale or other disposition
    27  of such firearm under federal or state law. Any person who violates  the
    28  provisions  of  this subparagraph shall be guilty of a class A misdemea-
    29  nor.
    30    8. Any potential buyer or transferee shall have thirty days to  appeal
    31  the denial of a background check, using a form established by the super-
    32  intendent.    Upon receipt of an appeal, the division shall provide such
    33  applicant a reason for a denial within thirty days.  Upon receipt of the
    34  reason for denial,  the  appellant may appeal to the attorney general.
    35    § 17. Subdivision 2 of section 898 of the  general  business  law,  as
    36  added by chapter 129 of the laws of 2019, is amended to read as follows:
    37    2.  Before  any sale, exchange or disposal pursuant to this article, a
    38  national instant criminal background check must be completed by a dealer
    39  who [consents] shall submit a request to the division  of  state  police
    40  pursuant  to  section  two  hundred twenty-eight of the executive law to
    41  conduct such check[, and upon completion of such background check, shall
    42  complete a document, the form of which shall be approved by  the  super-
    43  intendent  of state police, that identifies and confirms that such check
    44  was performed]. Before a dealer who [consents] has submitted  a  request
    45  to  the  division of state police to conduct a national instant criminal
    46  background check delivers a firearm, rifle or  shotgun  to  any  person,
    47  either  (a) NICS shall have issued a "proceed" response [to the dealer],
    48  or (b) thirty calendar days shall have elapsed since the date the dealer
    49  [contacted] submitted a request to  the  division  of  state  police  to
    50  contact  the  NICS  to  initiate  a national instant criminal background
    51  check and NICS has not notified the [dealer] division  of  state  police
    52  that the transfer of the firearm, rifle or shotgun to such person should
    53  be denied.
    54    §  18.  Paragraph  (c)  of subdivision 1 of section 896 of the general
    55  business law, as added by chapter 189 of the laws of 2000, is amended to
    56  read as follows:
        S. 1                               18
 
     1    (c) coordinate with the division of state police to provide access  at
     2  the  gun  show  to  [a  firearm dealer licensed under federal law who is
     3  authorized to] perform a  national  instant  criminal  background  check
     4  [where  the  seller  or transferor of a firearm, rifle or shotgun is not
     5  authorized  to  conduct such a check by (i) requiring firearm exhibitors
     6  who are firearm dealers licensed under federal law and who  are  author-
     7  ized  to conduct a national instant criminal background check to provide
     8  such a check at cost or (ii) designating a specific location at the  gun
     9  show where a firearm dealer licensed under federal law who is authorized
    10  to  conduct a national instant criminal background check will be present
    11  to perform such a check at cost] prior to any firearm sale or  transfer.
    12  Any  firearm  dealer licensed under federal law who [performs] submits a
    13  request to the division of state police to perform  a  national  instant
    14  criminal  background  check pursuant to this paragraph shall provide the
    15  seller or transferor of the firearm, rifle or shotgun with a copy of the
    16  United States Department of Treasury, Bureau  of  Alcohol,  Tobacco  and
    17  Firearms  Form  ATF  F 4473 and such dealer shall maintain such form and
    18  make such form available for inspection by law enforcement agencies  for
    19  a period of ten years thereafter.
    20    §  19.  Subdivision  6 of section 400.03 of the penal law, as added by
    21  chapter 1 of the laws of 2013, is amended to read as follows:
    22    6. If the superintendent of state  police  certifies  that  background
    23  checks  of  ammunition  purchasers may be conducted through the national
    24  instant criminal background check system, [use  of  that  system  by]  a
    25  dealer  or  seller shall contact the division of state police to conduct
    26  such check which shall be sufficient to satisfy  subdivisions  four  and
    27  five  of  this  section [and such checks shall be conducted through such
    28  system, provided that a record of such transaction shall be forwarded to
    29  the state police in a form determined by the superintendent].
    30    § 20. The penal law is amended by adding a new section 400.06 to  read
    31  as follows:
    32  § 400.06 National instant criminal background checks.
    33    1.  Any dealer in firearms that sells, delivers or otherwise transfers
    34  any firearm shall contact the division of  state  police  to  conduct  a
    35  national  instant  criminal  background  check  pursuant  to section two
    36  hundred twenty-eight of the executive law.
    37    2. Failure to comply with the requirements of this section is a  class
    38  A misdemeanor.
    39    §  21.  The state finance law is amended by adding a new section 99-pp
    40  to read as follows:
    41    § 99-pp. Background check fund. 1. There is hereby established in  the
    42  joint  custody of the state comptroller and commissioner of taxation and
    43  finance a special fund to be known as the "background check fund".
    44    2. Such fund shall consist of  all  revenues  received  by  the  comp-
    45  troller,  pursuant to the provisions of section two hundred twenty-eight
    46  of the executive law and all other moneys appropriated thereto from  any
    47  other  fund or source pursuant to law. Nothing contained in this section
    48  shall prevent the state from receiving grants, gifts or bequests for the
    49  purposes of the fund as defined in this section and depositing them into
    50  the fund according to law.
    51    3. The moneys of the background check fund, following appropriation by
    52  the legislature, shall be allocated for the direct costs associated with
    53  performing background checks pursuant to  section  two  hundred  twenty-
    54  eight of the executive law.
    55    4. The state comptroller may invest any moneys in the background check
    56  fund  not  expended  for the purpose of this section as provided by law.
        S. 1                               19
 
     1  The state comptroller shall credit any interest and income derived  from
     2  the deposit and investment of moneys in the background check fund to the
     3  background check fund.
     4    5.  (a)  Any unexpended and unencumbered moneys remaining in the back-
     5  ground check fund at the end of a fiscal year shall remain in the  back-
     6  ground check fund and shall not be credited to any other fund.
     7    (b)  To the extent practicable, any such remaining funds shall be used
     8  to reduce the amount of the fee described in subdivision two of  section
     9  two hundred twenty-eight of the executive law.
    10    § 22. Subdivision 19 of section 265.00 of the penal law, as amended by
    11  chapter 150 of the laws of 2020, is amended to read as follows:
    12    19. "Duly authorized instructor" means (a) a duly commissioned officer
    13  of  the United States army, navy, marine corps or coast guard, or of the
    14  national guard of the state of New York; or (b) a duly  qualified  adult
    15  citizen  of  the  United States who has been granted a certificate as an
    16  instructor in small arms practice issued by the United States army, navy
    17  or marine corps, or by the adjutant general of this  state,  or  by  the
    18  division  of criminal justice services, or by the national rifle associ-
    19  ation of America, a not-for-profit corporation duly organized under  the
    20  laws of this state; (c) by a person duly qualified and designated by the
    21  department  of environmental conservation [under paragraph c of subdivi-
    22  sion three of section 11-0713 of the environmental conservation law]  as
    23  its  agent in the giving of instruction and the making of certifications
    24  of qualification in responsible hunting practices; or  (d)  a  New  York
    25  state 4-H certified shooting sports instructor.
    26    §  23.  Subdivision 18 of section 400.00 of the penal law, as added by
    27  chapter 135 of the laws of 2019, is amended and a new subdivision 19  is
    28  added to read as follows:
    29    18.  Notice.  Upon  the  issuance  of a license, the licensing officer
    30  shall issue therewith, and such licensee shall attest to the receipt of,
    31  the following [notice] information and notifications:  (a)  the  grounds
    32  for which the license issued may be revoked, which shall include but not
    33  be  limited  to  the  areas  and locations for which the licenses issued
    34  under paragraph (f) of subdivision two of  this  section  prohibits  the
    35  possession  of  firearms,  rifles,  and  shotguns, and that a conviction
    36  under sections 265.01-d and 265.01-e of this chapter  are  felonies  for
    37  which licensure will be revoked;
    38    (b)  a  notification regarding the requirements for safe storage which
    39  shall be in conspicuous and legible twenty-four point type on eight  and
    40  one-half inches by eleven inches paper stating in bold print the follow-
    41  ing:
    42    WARNING:  RESPONSIBLE  FIREARM  STORAGE  IS THE LAW IN NEW YORK STATE.
    43  WHEN STORED IN A HOME FIREARMS,  RIFLES,  OR  SHOTGUNS  MUST  EITHER  BE
    44  STORED  WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT
    45  BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL  OF  THE  OWNER  OR
    46  OTHER  LAWFUL  POSSESSOR IF A CHILD UNDER THE AGE OF EIGHTEEN RESIDES IN
    47  THE HOME OR IS PRESENT, OR IF THE OWNER  OR  POSSESSOR  RESIDES  WITH  A
    48  PERSON  PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW.
    49  FIREARMS SHOULD BE STORED [UNLOADED AND LOCKED] BY REMOVING THE  AMMUNI-
    50  TION  FROM AND SECURELY LOCKING SUCH FIREARM IN A LOCATION SEPARATE FROM
    51  AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR  OTHER  PROHIBITED
    52  PERSON  MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. WHEN STORED IN A
    53  VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR  CONTROL,  FIREARMS,
    54  RIFLES,  AND  SHOTGUNS  MUST  BE  STORED  IN AN APPROPRIATE SAFE STORAGE
    55  DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.
        S. 1                               20
 
     1    (c) any other information necessary to ensure such licensee  is  aware
     2  of their responsibilities as a license holder.
     3    Nothing  in  this  subdivision  shall  be  deemed to affect, impair or
     4  supersede any special or local law relating to providing notice  regard-
     5  ing the safe storage of rifles, shotguns or firearms.
     6    19.  Prior to the issuance or renewal of a license under paragraph (f)
     7  of subdivision two of this section, issued or renewed on  or  after  the
     8  effective  date  of  this  subdivision,  an  applicant shall complete an
     9  in-person live firearms safety course conducted  by  a  duly  authorized
    10  instructor  with curriculum approved by the division of criminal justice
    11  services and the superintendent of state police, and meeting the follow-
    12  ing requirements:   (a) a minimum of sixteen  hours  of  in-person  live
    13  curriculum approved by the division of criminal justice services and the
    14  superintendent  of state police, conducted by a duly authorized instruc-
    15  tor approved by the division of criminal  justice  services,  and  shall
    16  include  but not be limited to the following topics: (i) general firearm
    17  safety; (ii) safe storage requirements and general secure  storage  best
    18  practices; (iii) state and federal gun laws; (iv) situational awareness;
    19  (v)  conflict  de-escalation;  (vi) best practices when encountering law
    20  enforcement; (vii) the statutorily defined sensitive places in  subdivi-
    21  sion  two  of  section  265.01-e of this chapter and the restrictions on
    22  possession on restricted places under section 265.01-d of this  chapter;
    23  (viii)  conflict  management;  (ix)  use  of  deadly  force; (x) suicide
    24  prevention; and (xi) the basic principles of  marksmanship;  and  (b)  a
    25  minimum of two hours of a live-fire range training course. The applicant
    26  shall  be  required  to  demonstrate proficiency by scoring a minimum of
    27  eighty percent correct answers on a  written  test  for  the  curriculum
    28  under paragraph (a) of this subdivision and the proficiency level deter-
    29  mined by the rules and regulations promulgated by the division of crimi-
    30  nal  justice  services  and  the  superintendent of state police for the
    31  live-fire range training under paragraph (b) of this  subdivision.  Upon
    32  demonstration  of such proficiency, a certificate of completion shall be
    33  issued to such applicant  in  the  applicant's  name  and  endorsed  and
    34  affirmed under the penalties of perjury by such duly authorized instruc-
    35  tor.  An  applicant  required  to  complete the training required herein
    36  prior to renewal of a license issued prior to the effective date of this
    37  subdivision shall only be required to complete  such  training  for  the
    38  first renewal of such license after such effective date.
    39    §  24.  Subdivisions  11 and 12 of section 265.00 of the penal law are
    40  amended to read as follows:
    41    11. "Rifle" means a weapon designed or redesigned, made or remade, and
    42  intended to be fired from the shoulder and designed  or  redesigned  and
    43  made  or  remade to use the energy of the explosive [in a fixed metallic
    44  cartridge] to fire only a single projectile through a  rifled  bore  for
    45  each  single  pull  of  the  trigger  using  either:  (a) fixed metallic
    46  cartridge; or (b) each projectile and explosive charge are loaded  indi-
    47  vidually  for each shot discharged. In addition to common, modern usage,
    48  rifles include those using obsolete ammunition not commonly available in
    49  commercial trade, or that load through the  muzzle  and  fire  a  single
    50  projectile  with  each  discharge,  or loading, including muzzle loading
    51  rifles, flintlock rifles, and black powder rifles.
    52    12. "Shotgun" means a weapon designed or redesigned, made  or  remade,
    53  and  intended  to  be fired from the shoulder and designed or redesigned
    54  and made or remade to use the energy of the explosive [in a fixed  shot-
    55  gun  shell]  to  fire through a smooth or rifled bore either a number of
    56  ball shot or a single projectile for each single  pull  of  the  trigger
        S. 1                               21
 
     1  using  either:  (a) a fixed shotgun shell; or (b) a projectile or number
     2  of ball shot and explosive charge are loaded individually for each  shot
     3  discharged.  In addition to common, modern usage, shotguns include those
     4  using obsolete ammunition not commonly available in commercial trade, or
     5  that load through the muzzle and fires ball shot with each discharge, or
     6  loading,  including  muzzle  loading  shotguns,  flintlock shotguns, and
     7  black powder shotguns.
     8    § 25. Severability. If any clause, sentence, paragraph or  section  of
     9  this  act shall be adjudged by any court of competent jurisdiction to be
    10  invalid, the judgment shall not affect, impair or invalidate the remain-
    11  der thereof, but shall be confined  in  its  operation  to  the  clause,
    12  sentence,  paragraph or section thereof directly involved in the contro-
    13  versy in which the judgment shall have been rendered.
    14    § 26. This act shall take  effect  on  the  first  of  September  next
    15  succeeding  the  date  on  which  it  shall have become a law; provided,
    16  however:
    17    (a) the amendments to subdivision 1 and  subdivision  4-b  of  section
    18  400.00 of the penal law made by section one of this act shall apply only
    19  to  licenses  for which an application is made on or after the effective
    20  date of this act;
    21    (b) if chapter 208 of the laws of 2022 shall not have taken effect  on
    22  or  before such date then the amendments made to paragraph (j) of subdi-
    23  vision one of section 400.00 of the penal law made  by  section  one  of
    24  this  act  shall  take effect on the same date and in the same manner as
    25  such chapter of the laws of 2022, takes effect;
    26    (c) the amendments to sections 270.20, 270.21 and 270.22 of the  penal
    27  law made by sections eleven, twelve and thirteen of this act, the amend-
    28  ments  to  section  396-eee  of  the  general business law as amended by
    29  section fourteen of this act, and the amendments to section 144-a of the
    30  executive law as amended by section fifteen  of  this  act,  shall  take
    31  effect  on  the  same  date and in the same manner as chapter 210 of the
    32  laws of 2022, takes effect;
    33    (d) if chapter 207 of the laws of 2022 shall not have taken effect  on
    34  or  before  such  date  then the amendments to subdivision 11 of section
    35  400.00 of the penal law made by section  one  of  this  act  shall  take
    36  effect  on  the  same date and in the same manner as such chapter of the
    37  laws of 2022, takes effect;
    38    (e) if chapter 212 of the laws of 2022 shall not have taken effect  on
    39  or  before  such  date  then  the amendments to subdivision 2 of section
    40  400.00 of the penal law made by section  one  of  this  act  shall  take
    41  effect  on  the  same date and in the same manner as such chapter of the
    42  laws of 2022, takes effect;
    43    (f) sections sixteen, seventeen, eighteen, nineteen,  twenty,  twenty-
    44  one and twenty-two shall take effect July 15, 2023; and
    45    (g)  subdivision 4-a of section 400.00 of the penal law, as amended by
    46  section one of this act, shall take effect April 1, 2023.