STATE OF NEW YORK
________________________________________________________________________
2335
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, the family court act, the
domestic relations law, the general business law, the judiciary law,
the mental hygiene law, the penal law and the surrogate's court proce-
dure act, in relation to limiting the application of certain
provisions of law relating to firearms to the counties of Kings,
Queens, Richmond, New York and Bronx; and to repeal section 400.02 of
the penal law relating to the statewide license and record database
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
2 law, as added by chapter 1 of the laws of 2013, is amended to read as
3 follows:
4 2-a. Firearm, rifle or shotgun surrender order in certain counties.
5 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
6 upon entry of a verdict of not responsible by reason of mental disease
7 or defect, or upon the acceptance of a plea of not responsible by reason
8 of mental disease or defect, or upon a finding that the defendant is an
9 incapacitated person pursuant to article seven hundred thirty of this
10 chapter, the court shall revoke the defendant's firearm license, if any,
11 inquire of the defendant as to the existence and location of any
12 firearm, rifle or shotgun owned or possessed by such defendant and
13 direct the surrender of such firearm, rifle or shotgun pursuant to
14 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
15 subdivision six of section 400.05 of the penal law.
16 § 2. Section 380.96 of the criminal procedure law, as added by chapter
17 1 of the laws of 2013, is amended to read as follows:
18 § 380.96 Obligation of sentencing court in certain counties pursuant to
19 article four hundred of the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01549-01-1
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1 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
2 upon judgment of conviction of any offense which would require the
3 seizure of firearms, shotguns or rifles from an individual so convicted,
4 and the revocation of any license or registration issued pursuant to
5 article four hundred of the penal law, the judge pronouncing sentence
6 shall demand surrender of any such license or registration and all
7 firearms, shotguns and rifles. The failure to so demand surrender shall
8 not effect the validity of any revocation pursuant to article four
9 hundred of the penal law.
10 § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court
11 act, as amended by chapter 60 of the laws of 2018, paragraphs (a) and
12 (b) of subdivision 1 as amended and paragraph (c) of subdivision 1 as
13 added by section 8 of part M of chapter 55 of the laws of 2020, para-
14 graphs (a) and (b) of subdivision 2 as amended, and paragraph (c) of
15 subdivision 2 as added by section 9 of part M of chapter 55 of the laws
16 of 2020, and paragraphs (a) and (b) of subdivision 3 as amended and
17 paragraph (c) of subdivision 3 as added by section 10 of part M of chap-
18 ter 55 of the laws of 2020, are amended to read as follows:
19 1. [Suspension] Mandatory and permissive suspension of firearms
20 license and ineligibility for such a license upon the issuance of a
21 temporary order of protection. Whenever a temporary order of protection
22 is issued pursuant to section eight hundred twenty-eight of this arti-
23 cle, or in the counties of Kings, Queens, Richmond, New York, and Bronx,
24 pursuant to article four, five, six, seven or ten of this act:
25 (a) the court shall suspend any such existing license possessed by the
26 respondent, order the respondent ineligible for such a license, and
27 order the immediate surrender [pursuant to subparagraph (f) of paragraph
28 one of subdivision a of section 265.20 and subdivision six of section
29 400.05 of the penal law,] of any or all firearms, rifles and shotguns
30 owned or possessed where the court receives information that gives the
31 court good cause to believe that: (i) the respondent has a prior
32 conviction of any violent felony offense as defined in section 70.02 of
33 the penal law; (ii) the respondent has previously been found to have
34 willfully failed to obey a prior order of protection and such willful
35 failure involved (A) the infliction of physical injury, as defined in
36 subdivision nine of section 10.00 of the penal law, (B) the use or
37 threatened use of a deadly weapon or dangerous instrument as those terms
38 are defined in subdivisions twelve and thirteen of section 10.00 of the
39 penal law, or (C) behavior constituting any violent felony offense as
40 defined in section 70.02 of the penal law; or (iii) the respondent has a
41 prior conviction for stalking in the first degree as defined in section
42 120.60 of the penal law, stalking in the second degree as defined in
43 section 120.55 of the penal law, stalking in the third degree as defined
44 in section 120.50 of the penal law or stalking in the fourth degree as
45 defined in section 120.45 of such law;
46 (b) the court may and, in the counties of Kings, Queens, Richmond, New
47 York, and Bronx, shall where the court finds a substantial risk that the
48 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
49 fully against the person or persons for whose protection the temporary
50 order of protection is issued, suspend any such existing license
51 possessed by the respondent, order the respondent ineligible for such a
52 license, and order the immediate surrender [pursuant to subparagraph (f)
53 of paragraph one of subdivision a of section 265.20 and subdivision six
54 of section 400.05 of the penal law,] of any or all firearms, rifles and
55 shotguns owned or possessed; and
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1 (c) the court may where the defendant willfully refuses to surrender
2 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
3 this subdivision, or for other good cause shown, order the immediate
4 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
5 to an order issued in accordance with article six hundred ninety of the
6 criminal procedure law, consistent with such rights as the defendant may
7 derive from this article or the constitution of this state or the United
8 States.
9 2. [Revocation] Mandatory and permissive revocation or suspension of
10 firearms license and ineligibility for such a license upon the issuance
11 of an order of protection. Whenever an order of protection is issued
12 pursuant to section eight hundred forty-one of this part, or in the
13 counties of Kings, Queens, Richmond, New York, and Bronx, or pursuant to
14 article four, five, six, seven or ten of this act:
15 (a) the court shall revoke any such existing license possessed by the
16 respondent, order the respondent ineligible for such a license, and
17 order the immediate surrender [pursuant to subparagraph (f) of paragraph
18 one of subdivision a of section 265.20 and subdivision six of section
19 400.05 of the penal law,] of any or all firearms, rifles and shotguns
20 owned or possessed where the court finds that the conduct which resulted
21 in the issuance of the order of protection involved (i) the infliction
22 of serious physical injury, as defined in subdivision [nine] ten of
23 section 10.00 of the penal law, (ii) the use or threatened use of a
24 deadly weapon or dangerous instrument as those terms are defined in
25 subdivisions twelve and thirteen of section 10.00 of the penal law, or
26 (iii) behavior constituting any violent felony offense as defined in
27 section 70.02 of the penal law;
28 (b) the court may and, in the counties of Kings, Queens, Richmond, New
29 York and Bronx, shall, where the court finds a substantial risk that the
30 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
31 fully against the person or persons for whose protection the order of
32 protection is issued, (i) revoke any such existing license possessed by
33 the respondent, order the respondent ineligible for such a license and
34 order the immediate surrender [pursuant to subparagraph (f) of paragraph
35 one of subdivision a of section 265.20 and subdivision six of section
36 400.05 of the penal law,] of any or all firearms, rifles and shotguns
37 owned or possessed or (ii) suspend or continue to suspend any such
38 existing license possessed by the respondent, order the respondent inel-
39 igible for such a license, and order the immediate surrender [pursuant
40 to subparagraph (f) of paragraph one of subdivision a of section 265.20
41 and subdivision six of section 400.05 of the penal law,] of any or all
42 firearms, rifles and shotguns owned or possessed; and
43 (c) the court may where the defendant willfully refuses to surrender
44 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
45 this subdivision, or for other good cause shown, order the immediate
46 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
47 to an order issued in accordance with article six hundred ninety of the
48 criminal procedure law, consistent with such rights as the defendant may
49 derive from this article or the constitution of this state or the United
50 States.
51 3. [Revocation] Mandatory and permissive revocation or suspension of
52 firearms license and ineligibility for such a license upon a finding of
53 a willful failure to obey an order of protection or, in the county of
54 Kings, Queens, Richmond, New York, or Bronx, temporary order of
55 protection. Whenever a respondent has been found, pursuant to section
56 eight hundred forty-six-a of this part to have willfully failed to obey
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1 an order of protection or temporary order of protection issued [pursuant
2 to this act or the domestic relations law, or] by this court or by a
3 court of competent jurisdiction in another state, territorial or tribal
4 jurisdiction, in addition to any other remedies available pursuant to
5 section eight hundred forty-six-a of this part:
6 (a) the court shall revoke any such existing license possessed by the
7 respondent, order the respondent ineligible for such a license, and
8 order the immediate surrender [pursuant to subparagraph (f) of paragraph
9 one of subdivision a of section 265.20 and subdivision six of section
10 400.05 of the penal law,] of any or all firearms, rifles and shotguns
11 owned or possessed where the willful failure to obey such order involves
12 (i) the infliction of serious physical injury, as defined in subdivision
13 [nine] ten of section 10.00 of the penal law, (ii) the use or threatened
14 use of a deadly weapon or dangerous instrument as those terms are
15 defined in subdivisions twelve and thirteen of section 10.00 of the
16 penal law, or (iii) behavior constituting any violent felony offense as
17 defined in section 70.02 of the penal law; or (iv) behavior constituting
18 stalking in the first degree as defined in section 120.60 of the penal
19 law, stalking in the second degree as defined in section 120.55 of the
20 penal law, stalking in the third degree as defined in section 120.50 of
21 the penal law or stalking in the fourth degree as defined in section
22 120.45 of such law;
23 (b) the court may and, in the counties of Kings, Queens, Richmond, New
24 York and Bronx, shall where the court finds a substantial risk that the
25 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
26 fully against the person or persons for whose protection the order of
27 protection was issued, (i) revoke any such existing license possessed by
28 the respondent, order the respondent ineligible for such a license,
29 whether or not the respondent possesses such a license, and order the
30 immediate surrender [pursuant to subparagraph (f) of paragraph one of
31 subdivision a of section 265.20 and subdivision six of section 400.05 of
32 the penal law,] of any or all firearms, rifles and shotguns owned or
33 possessed or (ii) suspend any such existing license possessed by the
34 respondent, order the respondent ineligible for such a license, and
35 order the immediate surrender of any or all firearms, rifles and shot-
36 guns owned or possessed; and
37 (c) the court may where the defendant willfully refuses to surrender
38 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
39 this subdivision, or for other good cause shown, order the immediate
40 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
41 to an order issued in accordance with article six hundred ninety of the
42 criminal procedure law, consistent with such rights as the defendant may
43 derive from this article or the constitution of this state or the United
44 States.
45 § 4. Section 846-a of the family court act, as amended by chapter 1 of
46 the laws of 2013, is amended to read as follows:
47 § 846-a. Powers on failure to obey order. If a respondent is brought
48 before the court for failure to obey any lawful order issued under this
49 article or an order of protection or, in the county of Kings, Queens,
50 Richmond, New York or Bronx, temporary order of protection issued
51 [pursuant to this act or issued] by a court of competent jurisdiction of
52 another state, territorial or tribal jurisdiction and if, after hearing,
53 the court is satisfied by competent proof that the respondent has will-
54 fully failed to obey any such order, the court may modify an existing
55 order or, in the county of Kings, Queens, Richmond, New York or Bronx,
56 temporary order of protection to add reasonable conditions of behavior
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1 to the existing order, make a new order of protection in accordance with
2 section eight hundred forty-two of this part, may order the forfeiture
3 of bail in a manner consistent with article five hundred forty of the
4 criminal procedure law if bail has been ordered pursuant to this act,
5 may order the respondent to pay the petitioner's reasonable and neces-
6 sary counsel fees in connection with the violation petition where the
7 court finds that the violation of its order was willful, and may commit
8 the respondent to jail for a term not to exceed six months. Such commit-
9 ment may be served upon certain specified days or parts of days as the
10 court may direct, and the court may, at any time within the term of such
11 sentence, revoke such suspension and commit the respondent for the
12 remainder of the original sentence, or suspend the remainder of such
13 sentence. If the court determines that the willful failure to obey such
14 order involves violent behavior constituting the crimes of menacing,
15 reckless endangerment, assault or attempted assault and if such a
16 respondent is licensed to carry, possess, repair and dispose of firearms
17 pursuant to section 400.00 of the penal law, the court may also imme-
18 diately revoke such license and may arrange for the immediate surrender
19 [pursuant to subparagraph (f) of paragraph one of subdivision a of
20 section 265.20 and subdivision six of section 400.05 of the penal law,]
21 and disposal of any firearm such respondent owns or possesses. If the
22 willful failure to obey such order involves the infliction of serious
23 physical injury as defined in subdivision [nine] ten of section 10.00 of
24 the penal law or the use or threatened use of a deadly weapon or danger-
25 ous instrument, as those terms are defined in subdivisions twelve and
26 thirteen of section 10.00 of the penal law, such revocation and immedi-
27 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
28 sion a of section 265.20 and subdivision six of section 400.05 of the
29 penal law six] and disposal of any firearm owned or possessed by
30 respondent shall be mandatory, pursuant to subdivision eleven of section
31 400.00 of the penal law.
32 § 5. Section 446-a of the family court act, as added by chapter 1 of
33 the laws of 2013, is amended to read as follows:
34 § 446-a. Firearms; surrender and license suspension, revocation and
35 ineligibility; certain counties. [Upon] In the counties of Kings,
36 Queens, Richmond, New York and Bronx, upon the issuance of an order of
37 protection or temporary order of protection, or upon a violation of such
38 order, the court shall make a determination regarding the suspension and
39 revocation of a license to carry, possess, repair or dispose of a
40 firearm or firearms, ineligibility for such a license and the surrender
41 of firearms in accordance with section eight hundred forty-two-a of this
42 act.
43 § 6. Section 552 of the family court act, as added by chapter 1 of the
44 laws of 2013, is amended to read as follows:
45 § 552. Firearms; surrender and license suspension, revocation and
46 ineligibility; certain counties. [Upon] In the counties of Kings,
47 Queens, Richmond, New York and Bronx, upon the issuance of an order of
48 protection or temporary order of protection, or upon a violation of such
49 order, the court shall make a determination regarding the suspension and
50 revocation of a license to carry, possess, repair or dispose of a
51 firearm or firearms, ineligibility for such a license and the surrender
52 of firearms in accordance with section eight hundred forty-two-a of this
53 act.
54 § 7. Section 656-a of the family court act, as added by chapter 1 of
55 the laws of 2013, is amended to read as follows:
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1 § 656-a. Firearms; surrender and license suspension, revocation and
2 ineligibility; certain counties. [Upon] In the counties of Kings,
3 Queens, Richmond, New York and Bronx, upon the issuance of an order of
4 protection or temporary order of protection, or upon a violation of such
5 order, the court shall make a determination regarding the suspension and
6 revocation of a license to carry, possess, repair or dispose of a
7 firearm or firearms, ineligibility for such a license and the surrender
8 of firearms in accordance with section eight hundred forty-two-a of this
9 act.
10 § 8. Section 780-a of the family court act, as added by chapter 1 of
11 the laws of 2013, is amended to read as follows:
12 § 780-a. Firearms; surrender and license suspension, revocation and
13 ineligibility; certain counties. [Upon] In the counties of Kings,
14 Queens, Richmond, New York and Bronx, upon the issuance of an order of
15 protection or temporary order of protection, or upon a violation of such
16 order, the court shall make a determination regarding the suspension and
17 revocation of a license to carry, possess, repair or dispose of a
18 firearm or firearms, ineligibility for such a license and the surrender
19 of firearms in accordance with section eight hundred forty-two-a of this
20 act.
21 § 9. Section 1056-a of the family court act, as added by chapter 1 of
22 the laws of 2013, is amended to read as follows:
23 § 1056-a. Firearms; surrender and license suspension, revocation and
24 ineligibility; certain counties. [Upon] In the counties of Kings,
25 Queens, Richmond, New York and Bronx, upon the issuance of an order of
26 protection or temporary order of protection, or upon a violation of such
27 order, the court shall make an order in accordance with section eight
28 hundred forty-two-a of this act.
29 § 10. Paragraph h of subdivision 3 of section 240 of the domestic
30 relations law, as amended by chapter 1 of the laws of 2013, is amended
31 to read as follows:
32 h. Upon issuance of an order of protection or temporary order of
33 protection or upon a violation of such order, the court may and, in the
34 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
35 determination regarding the suspension and revocation of a license to
36 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
37 ity for such a license and the surrender of firearms in accordance with
38 sections eight hundred forty-two-a and eight hundred forty-six-a of the
39 family court act, as applicable. Upon issuance of an order of protection
40 pursuant to this section or upon a finding of a violation thereof, the
41 court also may direct payment of restitution in an amount not to exceed
42 ten thousand dollars in accordance with subdivision (e) of section eight
43 hundred forty-one of such act; provided, however, that in no case shall
44 an order of restitution be issued where the court determines that the
45 party against whom the order would be issued has already compensated the
46 injured party or where such compensation is incorporated in a final
47 judgment or settlement of the action.
48 § 11. Subdivision 9 of section 252 of the domestic relations law, as
49 amended by chapter 1 of the laws of 2013, is amended to read as follows:
50 9. Upon issuance of an order of protection or temporary order of
51 protection or upon a violation of such order, the court may and, in the
52 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
53 determination regarding the suspension and revocation of a license to
54 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
55 ity for such a license and the surrender of firearms in accordance with
56 sections eight hundred forty-two-a and eight hundred forty-six-a of the
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1 family court act, as applicable. Upon issuance of an order of protection
2 pursuant to this section or upon a finding of a violation thereof, the
3 court also may direct payment of restitution in an amount not to exceed
4 ten thousand dollars in accordance with subdivision (e) of section eight
5 hundred forty-one of such act; provided, however, that in no case shall
6 an order of restitution be issued where the court determines that the
7 party against whom the order would be issued has already compensated the
8 injured party or where such compensation is incorporated in a final
9 judgment or settlement of the action.
10 § 12. The opening paragraph and paragraph (b) of subdivision 1 of
11 section 530.14 of the criminal procedure law, the opening paragraph as
12 amended by chapter 60 of the laws of 2018, and paragraph (b) as amended
13 by section 3 of part M of chapter 55 of the laws of 2020, are amended to
14 read as follows:
15 [Suspension] Mandatory and permissive suspension of firearms license
16 and ineligibility for such a license upon issuance of temporary order of
17 protection. Whenever a temporary order of protection is issued pursuant
18 to subdivision one of section 530.12 or subdivision one of section
19 530.13 of this article:
20 (b) the court may and, in the counties of Kings, Queens, Richmond, New
21 York and Bronx, shall where the court finds a substantial risk that the
22 defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
23 fully against the person or persons for whose protection the temporary
24 order of protection is issued, suspend any such existing license
25 possessed by the defendant, order the defendant ineligible for such a
26 license and order the immediate surrender [pursuant to subparagraph (f)
27 of paragraph one of subdivision a of section 265.20 and subdivision six
28 of section 400.05 of the penal law,] of any or all firearms, rifles and
29 shotguns owned or possessed; and
30 § 13. The opening paragraph and paragraph (b) of subdivision 2 of
31 section 530.14 of the criminal procedure law, the opening paragraph as
32 amended by chapter 60 of the laws of 2018, and paragraph (b) as amended
33 by section 4 of part M of chapter 55 of the laws of 2020, are amended to
34 read as follows:
35 [Revocation] Mandatory and permissive revocation or suspension of
36 firearms license and ineligibility for such a license upon issuance of
37 an order of protection. Whenever an order of protection is issued pursu-
38 ant to subdivision five of section 530.12 or subdivision four of section
39 530.13 of this article:
40 (b) the court may and, in the counties of Kings, Queens, Richmond, New
41 York and Bronx, shall where the court finds a substantial risk that the
42 defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
43 fully against the person or persons for whose protection the order of
44 protection is issued, (i) revoke any such existing license possessed by
45 the defendant, order the defendant ineligible for such a license and
46 order the immediate surrender of any or all firearms, rifles and shot-
47 guns owned or possessed or (ii) suspend or continue to suspend any such
48 existing license possessed by the defendant, order the defendant ineli-
49 gible for such a license and order the immediate surrender [pursuant to
50 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
51 subdivision six of section 400.05 of the penal law,] of any or all
52 firearms, rifles and shotguns owned or possessed; and
53 § 14. The opening paragraph and paragraph (b) of subdivision 3 of
54 section 530.14 of the criminal procedure law, the opening paragraph as
55 amended by chapter 60 of the laws of 2018, and paragraph (b) as amended
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1 by section 5 of part M of chapter 55 of the laws of 2020, are amended to
2 read as follows:
3 [Revocation] Mandatory and permissive revocation or suspension of
4 firearms license and ineligibility for such a license upon a finding of
5 a willful failure to obey an order of protection. Whenever a defendant
6 has been found pursuant to subdivision eleven of section 530.12 or
7 subdivision eight of section 530.13 of this article to have willfully
8 failed to obey an order of protection issued by a court of competent
9 jurisdiction in this state or another state, territorial or tribal
10 jurisdiction, in addition to any other remedies available pursuant to
11 subdivision eleven of section 530.12 or subdivision eight of section
12 530.13 of this article:
13 (b) the court may and, in the counties of Kings, Queens, Richmond, New
14 York and Bronx, shall where the court finds a substantial risk that the
15 defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
16 fully against the person or persons for whose protection the order of
17 protection was issued, (i) revoke any such existing license possessed by
18 the defendant, order the defendant ineligible for such a license and
19 order the immediate surrender [pursuant to subparagraph (f) of paragraph
20 one of subdivision a of section 265.20 and subdivision six of section
21 400.05 of the penal law,] of any or all firearms, rifles and shotguns
22 owned or possessed or (ii) suspend any such existing license possessed
23 by the defendant, order the defendant ineligible for such a license and
24 order the immediate surrender [pursuant to subparagraph (f) of paragraph
25 one of subdivision a of section 265.20 and subdivision six of section
26 400.05 of the penal law,] of any or all firearms, rifles and shotguns
27 owned or possessed; and
28 § 15. The article heading of article 39-DDD of the general business
29 law, as added by chapter 1 of the laws of 2013, is amended to read as
30 follows:
31 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
32 IN CERTAIN COUNTIES
33 § 16. Subdivision 1 of section 898 of the general business law, as
34 amended by chapter 129 of the laws of 2019, is amended to read as
35 follows:
36 1. In addition to any other requirements pursuant to state and federal
37 law, all sales, exchanges or disposals of firearms, rifles or shotguns,
38 in the counties of Kings, Queens, Richmond, New York, and Bronx, shall
39 be conducted in accordance with this section unless such sale, exchange
40 or disposal is conducted by a licensed importer, licensed manufacturer
41 or licensed dealer, as those terms are defined in 18 USC § 922, when
42 such sale, exchange or disposal is conducted pursuant to that person's
43 federal firearms license or such sale, exchange or disposal is between
44 members of an immediate family. When a sale, exchange or disposal is
45 conducted pursuant to a person's federal firearms license, before deliv-
46 ering a firearm, rifle or shotgun to any person, either (a) the National
47 Instant Criminal Background Check System (NICS) or its successor has
48 issued a "proceed" response to the federal firearms licensee, or (b)
49 thirty calendar days shall have elapsed since the date the federal
50 firearms licensee contacted NICS to initiate a national instant criminal
51 background check and NICS has not notified the federal firearms licensee
52 that the transfer of the firearm, rifle or shotgun to such person should
53 be denied. For purposes of this section, "immediate family" shall mean
54 spouses, domestic partners, children and step-children.
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1 § 17. Paragraph (q) of subdivision 2 of section 212 of the judiciary
2 law, as amended by chapter 1 of the laws of 2013, is amended to read as
3 follows:
4 (q) Adopt rules to require transmission, to the criminal justice
5 information services division of the federal bureau of investigation or
6 to the division of criminal justice services, of the name and other
7 identifying information of each person who has a guardian appointed for
8 him or her pursuant to any provision of state law, based on a determi-
9 nation that as a result of marked subnormal intelligence, mental
10 illness, incapacity, condition or disease, he or she lacks the mental
11 capacity to contract or manage his or her own affairs. Any such records,
12 relating to persons residing in the county of Kings, Queens, Richmond,
13 New York or Bronx, transmitted directly to the federal bureau of inves-
14 tigation must also be transmitted to the division of criminal justice
15 services[, and any records received by the division of criminal justice
16 services pursuant to this paragraph may be checked against the statewide
17 license and record database].
18 § 18. Subdivision (j) of section 7.09 of the mental hygiene law, as
19 amended by chapter 1 of the laws of 2013, is amended to read as follows:
20 (j) (1) The commissioner, in cooperation with other applicable state
21 agencies, shall collect, retain or modify data or records, and shall
22 transmit such data or records: (i) to the division of criminal justice
23 services, or to the criminal justice information services division of
24 the federal bureau of investigation, for the purposes of responding to
25 queries to the national instant criminal background check system regard-
26 ing attempts to purchase or otherwise take possession of firearms, as
27 defined in 18 USC 921(a)(3), in accordance with applicable federal laws
28 or regulations, or (ii) for persons residing in the county of Kings,
29 Queens, Richmond, New York or Bronx, to the division of criminal justice
30 services, which may re-disclose such data and records only for determin-
31 ing whether a license issued pursuant to section 400.00 of the penal law
32 should be denied, suspended or revoked, under subdivision eleven of such
33 section, or for determining whether a person is no longer permitted
34 under federal or state law to possess a firearm. Such records, which may
35 not be used for any other purpose, shall include only names and other
36 non-clinical identifying information of persons who have been involun-
37 tarily committed to a hospital pursuant to article nine of this chapter,
38 [or section four hundred two or subdivision two of section five hundred
39 eight of the correction law,] or article seven hundred thirty or section
40 330.20 of the criminal procedure law or sections 322.2 or 353.4 of the
41 family court act, or to a secure treatment facility pursuant to article
42 ten of this chapter.
43 (2) The commissioner shall establish within the office of mental
44 health an administrative process to permit a person who has been or may
45 be disqualified from possessing such a firearm pursuant to 18 USC
46 922(4)(d) or who has been or may be disqualified from continuing to have
47 a license to carry, possess, repair, or dispose of a firearm under
48 section 400.00 of the penal law because such person, who resides in the
49 county of Kings, Queens, Richmond, New York or Bronx, was involuntarily
50 committed or civilly confined to a facility under the jurisdiction of
51 the commissioner, to petition for relief from that disability where such
52 person's record and reputation are such that such person will not be
53 likely to act in a manner dangerous to public safety and where the
54 granting of the relief would not be contrary to public safety. The
55 commissioner shall promulgate regulations to establish the relief from
56 disabilities program, which shall include, but not be limited to,
A. 2335 10
1 provisions providing for: (i) an opportunity for a disqualified person
2 to petition for relief in writing; (ii) the authority for the agency to
3 require that the petitioner undergo a clinical evaluation and risk
4 assessment; and (iii) a requirement that the agency issue a decision in
5 writing explaining the reasons for a denial or grant of relief. The
6 denial of a petition for relief from disabilities may be reviewed de
7 novo pursuant to the proceedings under article seventy-eight of the
8 civil practice law and rules.
9 § 19. Subdivision (b) of section 9.46 of the mental hygiene law, as
10 added by chapter 1 of the laws of 2013, is amended to read as follows:
11 (b) Notwithstanding any other law to the contrary, when a mental
12 health professional currently providing treatment services to a person,
13 who resides in the county of Kings, Queens, Richmond, New York or Bronx,
14 determines, in the exercise of reasonable professional judgment, that
15 such person is likely to engage in conduct that would result in serious
16 harm to self or others, he or she shall be required to report, as soon
17 as practicable, to the director of community services, or the director's
18 designee, who shall report to the division of criminal justice services
19 whenever he or she agrees that the person is likely to engage in such
20 conduct. Information transmitted to the division of criminal justice
21 services shall be limited to names and other non-clinical identifying
22 information, which may only be used for determining whether a license
23 issued pursuant to section 400.00 of the penal law should be suspended
24 or revoked, or for determining whether a person is ineligible for a
25 license issued pursuant to section 400.00 of the penal law, or is no
26 longer permitted under state or federal law to possess a firearm.
27 § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
28 chapter 1 of the laws of 2013, is amended to read as follows:
29 22. "Assault weapon" means
30 (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
31 sion, a semiautomatic rifle that has an ability to accept a detachable
32 magazine and has at least two of the following characteristics:
33 (A) a folding or telescoping stock;
34 (B) a pistol grip that protrudes conspicuously beneath the action of
35 the weapon;
36 (C) a bayonet mount;
37 (D) a flash suppressor or threaded barrel designed to accommodate a
38 flash suppressor;
39 (E) a grenade launcher; or
40 (ii) a semiautomatic shotgun that has at least two of the following
41 characteristics:
42 (A) a folding or telescoping stock;
43 (B) a pistol grip that protrudes conspicuously beneath the action of
44 the weapon;
45 (C) a fixed magazine capacity in excess of five rounds;
46 (D) an ability to accept a detachable magazine; or
47 (iii) a semiautomatic pistol that has an ability to accept a detacha-
48 ble magazine and has at least two of the following characteristics:
49 (A) an ammunition magazine that attaches to the pistol outside of the
50 pistol grip;
51 (B) a threaded barrel capable of accepting a barrel extender, flash
52 suppressor, forward handgrip, or silencer;
53 (C) a shroud that is attached to, or partially or completely encir-
54 cles, the barrel and that permits the shooter to hold the firearm with
55 the nontrigger hand without being burned;
A. 2335 11
1 (D) a manufactured weight of fifty ounces or more when the pistol is
2 unloaded;
3 (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
4 or
5 (iv) any of the weapons, or functioning frames or receivers of such
6 weapons, or copies or duplicates of such weapons, in any caliber, known
7 as:
8 (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
9 models);
10 (B) Action Arms Israeli Military Industries UZI and Galil;
11 (C) Beretta Ar70 (SC-70);
12 (D) Colt AR-15;
13 (E) Fabrique National FN/FAL, FN/LAR, and FNC;
14 (F) SWD M-10, M-11, M-11/9, and M-12;
15 (G) Steyr AUG;
16 (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
17 (I) revolving cylinder shotguns, such as (or similar to) the Street
18 Sweeper and Striker 12;
19 (v) provided, however, that such term does not include: (A) any rifle,
20 shotgun or pistol that (I) is manually operated by bolt, pump, lever or
21 slide action; (II) has been rendered permanently inoperable; or (III) is
22 an antique firearm as defined in 18 U.S.C. 921(a)(16);
23 (B) a semiautomatic rifle that cannot accept a detachable magazine
24 that holds more than five rounds of ammunition;
25 (C) a semiautomatic shotgun that cannot hold more than five rounds of
26 ammunition in a fixed or detachable magazine;
27 (D) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
28 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
29 manufactured on October first, nineteen hundred ninety-three. The mere
30 fact that a weapon is not listed in Appendix A shall not be construed to
31 mean that such weapon is an assault weapon; or
32 (E) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
33 pistol or any of the weapons defined in paragraph (d) of this subdivi-
34 sion lawfully possessed prior to September fourteenth, nineteen hundred
35 ninety-four; and
36 (b) (i) in the counties of Kings, Queens, Richmond, New York and
37 Bronx, a semiautomatic rifle that has an ability to accept a detachable
38 magazine and has at least one of the following characteristics:
39 [(i)] (A) a folding or telescoping stock;
40 [(ii)] (B) a pistol grip that protrudes conspicuously beneath the
41 action of the weapon;
42 [(iii)] (C) a thumbhole stock;
43 [(iv)] (D) a second handgrip or a protruding grip that can be held by
44 the non-trigger hand;
45 [(v)] (E) a bayonet mount;
46 [(vi)] (F) a flash suppressor, muzzle break, muzzle compensator, or
47 threaded barrel designed to accommodate a flash suppressor, muzzle
48 break, or muzzle compensator;
49 [(vii)] (G) a grenade launcher; or
50 [(b)] (ii) a semiautomatic shotgun that has at least one of the
51 following characteristics:
52 [(i)] (A) a folding or telescoping stock;
53 [(ii)] (B) a thumbhole stock;
54 [(iii)] (C) a second handgrip or a protruding grip that can be held by
55 the non-trigger hand;
56 [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
A. 2335 12
1 [(v)] (E) an ability to accept a detachable magazine; or
2 [(c)] (iii) a semiautomatic pistol that has an ability to accept a
3 detachable magazine and has at least one of the following character-
4 istics:
5 [(i)] (A) a folding or telescoping stock;
6 [(ii)] (B) a thumbhole stock;
7 [(iii)] (C) a second handgrip or a protruding grip that can be held by
8 the non-trigger hand;
9 [(iv)] (D) capacity to accept an ammunition magazine that attaches to
10 the pistol outside of the pistol grip;
11 [(v)] (E) a threaded barrel capable of accepting a barrel extender,
12 flash suppressor, forward handgrip, or silencer;
13 [(vi)] (F) a shroud that is attached to, or partially or completely
14 encircles, the barrel and that permits the shooter to hold the firearm
15 with the non-trigger hand without being burned;
16 [(vii)] (G) a manufactured weight of fifty ounces or more when the
17 pistol is unloaded; or
18 [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
19 firearm;
20 [(d)] (iv) a revolving cylinder shotgun;
21 [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
22 tomatic pistol or weapon defined in former subparagraph (v) of paragraph
23 (e) of subdivision twenty-two of section 265.00 of this chapter as added
24 by chapter one hundred eighty-nine of the laws of two thousand and
25 otherwise lawfully possessed pursuant to such chapter of the laws of two
26 thousand prior to September fourteenth, nineteen hundred ninety-four;
27 [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
28 tomatic pistol or weapon defined in this paragraph or paragraph (a)[,
29 (b) or (c)] of this subdivision, possessed prior to the date of enact-
30 ment of [the] chapter one of the laws of two thousand thirteen which
31 added this paragraph;
32 [(g)] (vii) provided, however, that such term does not include:
33 [(i)] (A) any rifle, shotgun or pistol that [(A)] (I) is manually
34 operated by bolt, pump, lever or slide action; [(B)] (II) has been
35 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
36 defined in 18 U.S.C. 921(a)(16);
37 [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
38 zine that holds more than five rounds of ammunition;
39 [(iii)] (C) a semiautomatic shotgun that cannot hold more than five
40 rounds of ammunition in a fixed or detachable magazine; or
41 [(iv)] (D) a rifle, shotgun or pistol, or a replica or a duplicate
42 thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was
43 manufactured on October first, nineteen hundred ninety-three. The mere
44 fact that a weapon is not listed in Appendix A shall not be construed to
45 mean that such weapon is an assault weapon;
46 [(v)] (E) any weapon validly registered pursuant to subdivision
47 sixteen-a of section 400.00 of this chapter. Such weapons shall be
48 subject to the provisions of [paragraph (h)] subparagraph (viii) of this
49 [subdivision] paragraph;
50 [(vi)] (F) any firearm, rifle, or shotgun that was manufactured at
51 least fifty years prior to the current date, but not including replicas
52 thereof that is validly registered pursuant to subdivision sixteen-a of
53 section 400.00 of this chapter;
54 [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
55 (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
56 nition feeding device that was legally possessed by an individual prior
A. 2335 13
1 to the enactment of [the] chapter one of the laws of two thousand thir-
2 teen which added this paragraph, may only be sold to, exchanged with or
3 disposed of to a purchaser authorized to possess such weapons or to an
4 individual or entity outside of the state provided that any such trans-
5 fer to an individual or entity outside of the state must be reported to
6 the entity wherein the weapon is registered within seventy-two hours of
7 such transfer. An individual who transfers any such weapon or large
8 capacity ammunition device to an individual inside New York state or
9 without complying with the provisions of this paragraph shall be guilty
10 of a class A misdemeanor unless such large capacity ammunition feeding
11 device, the possession of which is made illegal by [the] chapter one of
12 the laws of two thousand thirteen which added this [paragraph] subpara-
13 graph, is transferred within one year of the effective date of [the]
14 chapter one of the laws of two thousand thirteen which added this [para-
15 graph] subparagraph.
16 § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
17 chapter 1 of the laws of 2013, is amended to read as follows:
18 23. "Large capacity ammunition feeding device" means a magazine, belt,
19 drum, feed strip, or similar device, manufactured after September thir-
20 tieth, nineteen hundred ninety-four, that [(a)] has a capacity of, or
21 that can be readily restored or converted to accept, more than ten
22 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
23 tion, or (c) is obtained after the effective date of the chapter of the
24 laws of two thousand thirteen which amended this subdivision and has a
25 capacity of, or that can be readily restored or converted to accept,
26 more than seven rounds of ammunition]; provided, however, that such term
27 does not include an attached tubular device designed to accept, and
28 capable of operating only with, .22 caliber rimfire ammunition [or a
29 feeding device that is a curio or relic. A feeding device that is a
30 curio or relic is defined as a device that (i) was manufactured at least
31 fifty years prior to the current date, (ii) is only capable of being
32 used exclusively in a firearm, rifle, or shotgun that was manufactured
33 at least fifty years prior to the current date, but not including repli-
34 cas thereof, (iii) is possessed by an individual who is not prohibited
35 by state or federal law from possessing a firearm and (iv) is registered
36 with the division of state police pursuant to subdivision sixteen-a of
37 section 400.00 of this chapter, except such feeding devices transferred
38 into the state may be registered at any time, provided they are regis-
39 tered within thirty days of their transfer into the state. Notwithstand-
40 ing paragraph (h) of subdivision twenty-two of this section, such feed-
41 ing devices may be transferred provided that such transfer shall be
42 subject to the provisions of section 400.03 of this chapter including
43 the check required to be conducted pursuant to such section].
44 § 22. Subdivision 24 of section 265.00 of the penal law, as added by
45 chapter 1 of the laws of 2013, is amended to read as follows:
46 24. "Seller of ammunition" means any person, firm, partnership, corpo-
47 ration or company who engages in the business of purchasing, selling or
48 keeping ammunition in the county of Kings, Queens, Richmond, New York or
49 Bronx.
50 § 23. The opening paragraph of section 265.01-b of the penal law, as
51 added by chapter 1 of the laws of 2013, is amended to read as follows:
52 A person is guilty of criminal possession of a firearm when he or she,
53 being a resident of the county of Kings, Queens, Richmond, New York or
54 Bronx: (1) possesses any firearm or; (2) lawfully possesses a firearm
55 prior to the effective date of [the] chapter one of the laws of two
56 thousand thirteen which added this section subject to the registration
A. 2335 14
1 requirements of subdivision sixteen-a of section 400.00 of this chapter
2 and knowingly fails to register such firearm pursuant to such subdivi-
3 sion.
4 § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
5 penal law, paragraph 3 as amended and paragraph 7-f as added by chapter
6 1 of the laws of 2013, are amended to read as follows:
7 3. Possession of a pistol or revolver by a person to whom a license
8 therefor has been issued as provided under section 400.00 or 400.01 of
9 this chapter or possession, in the county of Kings, Queens, Richmond,
10 New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
11 paragraph [(e) or (f)] (b) of subdivision twenty-two of section 265.00
12 of this article which is registered pursuant to paragraph (a) of subdi-
13 vision sixteen-a of section 400.00 of this chapter or is included on an
14 amended license issued pursuant to section 400.00 of this chapter. In
15 the event such license is revoked, other than because such licensee is
16 no longer permitted to possess a firearm, rifle or shotgun under federal
17 or state law, information sufficient to satisfy the requirements of
18 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
19 mitted by the licensing officer to the division of state police, in a
20 form as determined by the superintendent of state police. Such trans-
21 mission shall constitute a valid registration under such section.
22 Further provided, notwithstanding any other section of this title, a
23 failure to register such weapon by an individual, in the county of
24 Kings, Queens, Richmond, New York or Bronx, who possesses such weapon
25 before the enactment of [the] chapter one of the laws of two thousand
26 thirteen which amended this paragraph and may so lawfully possess it
27 thereafter upon registration, shall only be subject to punishment pursu-
28 ant to paragraph (c) of subdivision sixteen-a of section 400.00 of this
29 chapter; provided, that such a license or registration shall not
30 preclude a conviction for the offense defined in subdivision three of
31 section 265.01 of this article or section 265.01-a of this article.
32 7-f. Possession and use of a magazine, belt, feed strip or similar
33 device, in the county of Kings, Queens, Richmond, New York or Bronx,
34 that contains more than seven rounds of ammunition, but that does not
35 have a capacity of or can readily be restored or converted to accept
36 more than ten rounds of ammunition, at an indoor or outdoor firing range
37 located in or on premises owned or occupied by a duly incorporated
38 organization organized for conservation purposes or to foster proficien-
39 cy in arms; at an indoor or outdoor firing range for the purpose of
40 firing a rifle or shotgun; at a collegiate, olympic or target shooting
41 competition under the auspices of or approved by the national rifle
42 association; or at an organized match sanctioned by the International
43 Handgun Metallic Silhouette Association.
44 § 25. The opening paragraph of section 265.36 of the penal law, as
45 added by chapter 1 of the laws of 2013, is amended to read as follows:
46 It shall be unlawful for a person, in the county of Kings, Queens,
47 Richmond, New York or Bronx, to knowingly possess a large capacity ammu-
48 nition feeding device manufactured before September thirteenth, nineteen
49 hundred ninety-four, and if such person lawfully possessed such large
50 capacity feeding device before the effective date of [the] chapter one
51 of the laws of two thousand thirteen which added this section, that has
52 a capacity of, or that can be readily restored or converted to accept,
53 more than ten rounds of ammunition.
54 § 26. The opening paragraph of section 265.37 of the penal law, as
55 amended by section 2 of part FF of chapter 57 of the laws of 2013, is
56 amended to read as follows:
A. 2335 15
1 It shall be unlawful for a person to knowingly possess, in the county
2 of Kings, Queens, Richmond, New York or Bronx, an ammunition feeding
3 device where such device contains more than seven rounds of ammunition.
4 § 27. The opening paragraph of section 265.45 of the penal law, as
5 amended by chapter 133 of the laws of 2019, is amended to read as
6 follows:
7 No person, residing in the county of Kings, Queens, Richmond, New
8 York, or Bronx, who owns or is custodian of a rifle, shotgun or firearm
9 who resides with an individual who: (i) is under sixteen years of age;
10 (ii) such person knows or has reason to know is prohibited from possess-
11 ing a rifle, shotgun or firearm pursuant to a temporary or final extreme
12 risk protection order issued under article sixty-three-A of the civil
13 practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or
14 (iii) such person knows or has reason to know is prohibited from
15 possessing a rifle, shotgun or firearm based on a conviction for a felo-
16 ny or a serious offense, shall store or otherwise leave such rifle,
17 shotgun or firearm out of his or her immediate possession or control
18 without having first securely locked such rifle, shotgun or firearm in
19 an appropriate safe storage depository or rendered it incapable of being
20 fired by use of a gun locking device appropriate to that weapon. For
21 purposes of this section "safe storage depository" shall mean a safe or
22 other secure container which, when locked, is incapable of being opened
23 without the key, combination or other unlocking mechanism and is capable
24 of preventing an unauthorized person from obtaining access to and
25 possession of the weapon contained therein. Nothing in this section
26 shall be deemed to affect, impair or supersede any special or local act
27 relating to the safe storage of rifles, shotguns or firearms which
28 impose additional requirements on the owner or custodian of such weap-
29 ons.
30 § 28. Subdivision 1 of section 400.00 of the penal law, as amended by
31 chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
32 the laws of 2018, is amended to read as follows:
33 1. Eligibility. No license shall be issued or renewed pursuant to this
34 section except by the licensing officer, and then only after investi-
35 gation and finding that all statements in a proper application for a
36 license are true. No license shall be issued or renewed except for an
37 applicant (a) twenty-one years of age or older, provided, however, that
38 where such applicant has been honorably discharged from the United
39 States army, navy, marine corps, air force or coast guard, or the
40 national guard of the state of New York, no such age restriction shall
41 apply; (b) of good moral character; (c) who has not been convicted
42 anywhere of a felony or a serious offense or who is not the subject of
43 an outstanding warrant of arrest issued upon the alleged commission of a
44 felony or serious offense; (d) who is not a fugitive from justice; (e)
45 who is not an unlawful user of or addicted to any controlled substance
46 as defined in section 21 U.S.C. 802; (f) who being an alien (i) is not
47 illegally or unlawfully in the United States or (ii) has not been admit-
48 ted to the United States under a nonimmigrant visa subject to the excep-
49 tion in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the
50 Armed Forces under dishonorable conditions; (h) who, having been a citi-
51 zen of the United States, has not renounced his or her citizenship; (i)
52 who has stated whether he or she has ever suffered any mental illness;
53 (j) who, being a resident of the county of Kings, Queens, Richmond, New
54 York or Bronx, has not been involuntarily committed to a facility under
55 the jurisdiction of an office of the department of mental hygiene pursu-
56 ant to article nine or fifteen of the mental hygiene law, article seven
A. 2335 16
1 hundred thirty or section 330.20 of the criminal procedure law, section
2 four hundred two or five hundred eight of the correction law, section
3 322.2 or 353.4 of the family court act, or has not been civilly confined
4 in a secure treatment facility pursuant to article ten of the mental
5 hygiene law; (k) who has not had a license revoked or who is not under a
6 suspension or ineligibility order issued pursuant to the provisions of
7 section 530.14 of the criminal procedure law or section eight hundred
8 forty-two-a of the family court act; (l) in the county of Westchester,
9 who has successfully completed a firearms safety course and test as
10 evidenced by a certificate of completion issued in his or her name and
11 endorsed and affirmed under the penalties of perjury by a duly author-
12 ized instructor, except that: (i) persons who are honorably discharged
13 from the United States army, navy, marine corps or coast guard, or of
14 the national guard of the state of New York, and produce evidence of
15 official qualification in firearms during the term of service are not
16 required to have completed those hours of a firearms safety course
17 pertaining to the safe use, carrying, possession, maintenance and stor-
18 age of a firearm; and (ii) persons who were licensed to possess a pistol
19 or revolver prior to the effective date of this paragraph are not
20 required to have completed a firearms safety course and test; (m) who,
21 being a resident of the county of Kings, Queens, Richmond, New York or
22 Bronx, has not had a guardian appointed for him or her pursuant to any
23 provision of state law, based on a determination that as a result of
24 marked subnormal intelligence, mental illness, incapacity, condition or
25 disease, he or she lacks the mental capacity to contract or manage his
26 or her own affairs; and (n) concerning whom no good cause exists for the
27 denial of the license. No person shall engage in the business of
28 gunsmith or dealer in firearms unless licensed pursuant to this section.
29 An applicant to engage in such business shall also be a citizen of the
30 United States, more than twenty-one years of age and maintain a place of
31 business in the city or county where the license is issued. For such
32 business, if the applicant is a firm or partnership, each member thereof
33 shall comply with all of the requirements set forth in this subdivision
34 and if the applicant is a corporation, each officer thereof shall so
35 comply.
36 § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
37 law, subdivision 4 as amended by chapter 242 of the laws of 2019, subdi-
38 vision 5, 10, and 11 as amended by chapter 1 of the laws of 2013,
39 subparagraph (iii) of paragraph (e) of subdivision 5 as amended by chap-
40 ter 244 of the laws of 2019, and subdivision 12 as amended by chapter
41 129 of the laws of 2019, are amended to read as follows:
42 4. Investigation. Before a license is issued or renewed, there shall
43 be an investigation of all statements required in the application by the
44 duly constituted police authorities of the locality where such applica-
45 tion is made[, including but not limited to such records as may be
46 accessible to the division of state police or division of criminal
47 justice services pursuant to section 400.02 of this article]. For that
48 purpose, the records of the appropriate office of the department of
49 mental hygiene concerning previous or present mental illness of the
50 applicant shall be available for inspection by the investigating officer
51 of the police authority. Where the applicant is domiciled in a foreign
52 state, the investigation shall include inquiry of the foreign state for
53 records concerning the previous or present mental illness of the appli-
54 cant, and, to the extent necessary for inspection by the investigating
55 officer, the applicant shall execute a waiver of confidentiality of such
56 record in such form as may be required by the foreign state. In order to
A. 2335 17
1 ascertain any previous criminal record, the investigating officer shall
2 take the fingerprints and physical descriptive data in quadruplicate of
3 each individual by whom the application is signed and verified. Two
4 copies of such fingerprints shall be taken on standard fingerprint cards
5 eight inches square, and one copy may be taken on a card supplied for
6 that purpose by the federal bureau of investigation; provided, however,
7 that in the case of a corporate applicant that has already been issued a
8 dealer in firearms license and seeks to operate a firearm dealership at
9 a second or subsequent location, the original fingerprints on file may
10 be used to ascertain any criminal record in the second or subsequent
11 application unless any of the corporate officers have changed since the
12 prior application, in which case the new corporate officer shall comply
13 with procedures governing an initial application for such license. When
14 completed, one standard card shall be forwarded to and retained by the
15 division of criminal justice services in the executive department, at
16 Albany. A search of the files of such division and written notification
17 of the results of the search to the investigating officer shall be made
18 without unnecessary delay. Thereafter, such division shall notify the
19 licensing officer and the executive department, division of state
20 police, Albany, of any criminal record of the applicant filed therein
21 subsequent to the search of its files. A second standard card, or the
22 one supplied by the federal bureau of investigation, as the case may be,
23 shall be forwarded to that bureau at Washington with a request that the
24 files of the bureau be searched and notification of the results of the
25 search be made to the investigating police authority. Of the remaining
26 two fingerprint cards, one shall be filed with the executive department,
27 division of state police, Albany, within ten days after issuance of the
28 license, and the other remain on file with the investigating police
29 authority. No such fingerprints may be inspected by any person other
30 than a peace officer, who is acting pursuant to his or her special
31 duties, or a police officer, except on order of a judge or justice of a
32 court of record either upon notice to the licensee or without notice, as
33 the judge or justice may deem appropriate. Upon completion of the inves-
34 tigation, the police authority shall report the results to the licensing
35 officer without unnecessary delay.
36 5. Filing of approved applications. (a) The application for any
37 license, if granted, shall be filed by the licensing officer with the
38 clerk of the county of issuance, except that in the city of New York
39 and, in the counties of Nassau and Suffolk, the licensing officer shall
40 designate the place of filing in the appropriate division, bureau or
41 unit of the police department thereof, and in the county of Suffolk the
42 county clerk is hereby authorized to transfer all records or applica-
43 tions relating to firearms to the licensing authority of that county.
44 Except as provided in paragraphs (b) through [f] (e) of this subdivi-
45 sion, the name and address of any person to whom an application for any
46 license has been granted shall be a public record. Upon application by a
47 licensee who has changed his place of residence such records or applica-
48 tions shall be transferred to the appropriate officer at the licensee's
49 new place of residence. A duplicate copy of such application shall be
50 filed by the licensing officer in the executive department, division of
51 state police, Albany, within ten days after issuance of the license. The
52 superintendent of state police may designate that such application shall
53 be transmitted to the division of state police electronically. In the
54 event the superintendent of the division of state police determines that
55 it lacks any of the records required to be filed with the division, it
56 may request that such records be provided to it by the appropriate
A. 2335 18
1 clerk, department or authority and such clerk, department or authority
2 shall provide the division with such records. In the event such clerk,
3 department or authority lacks such records, the division may request the
4 license holder provide information sufficient to constitute such record
5 and such license holder shall provide the division with such informa-
6 tion. Such information shall be limited to the license holder's name,
7 date of birth, gender, race, residential address, social security number
8 and firearms possessed by said license holder. Nothing in this subdivi-
9 sion shall be construed to change the expiration date or term of such
10 licenses if otherwise provided for in law. [Records assembled or
11 collected for purposes of inclusion in the database established by this
12 section shall be released pursuant to a court order. Records assembled
13 or collected for purposes of inclusion in the database created pursuant
14 to section 400.02 of this chapter shall not be subject to disclosure
15 pursuant to article six of the public officers law.]
16 (b) Each application for a license pursuant to paragraph (a) of this
17 subdivision shall include, on a separate written form prepared by the
18 division of state police within thirty days of the effective date of
19 [the] chapter one of the laws of two thousand thirteen, which amended
20 this section, and provided to the applicant at the same time and in the
21 same manner as the application for a license, an opportunity for the
22 applicant to request an exception from his or her application informa-
23 tion becoming public record pursuant to paragraph (a) of this subdivi-
24 sion. Such forms, which shall also be made available to individuals who
25 had applied for or been granted a license prior to the effective date of
26 [the] chapter one of the laws of two thousand thirteen which amended
27 this section, shall notify applicants that, upon discovery that an
28 applicant knowingly provided false information, such applicant may be
29 subject to penalties pursuant to section 175.30 of this chapter, and
30 further, that his or her request for an exception shall be null and
31 void, provided that written notice containing such determination is
32 provided to the applicant. Further, such forms shall provide each appli-
33 cant an opportunity to specify the grounds on which he or she believes
34 his or her application information should not be publicly disclosed.
35 These grounds, which shall be identified on the application with a box
36 beside each for checking, as applicable, by the applicant, shall be as
37 follows:
38 (i) the applicant's life or safety may be endangered by disclosure
39 because:
40 (A) the applicant is an active or retired police officer, peace offi-
41 cer, probation officer, parole officer, or corrections officer;
42 (B) the applicant is a protected person under a currently valid order
43 of protection;
44 (C) the applicant is or was a witness in a criminal proceeding involv-
45 ing a criminal charge;
46 (D) the applicant is participating or previously participated as a
47 juror in a criminal proceeding, or is or was a member of a grand jury;
48 or
49 (E) the applicant is a spouse, domestic partner or household member of
50 a person identified in this subparagraph or subparagraph (ii) of this
51 paragraph, specifying which subparagraph or subparagraphs and clauses
52 apply.
53 (ii) the applicant has reason to believe his or her life or safety may
54 be endangered by disclosure due to reasons stated by the applicant.
55 (iii) the applicant has reason to believe he or she may be subject to
56 unwarranted harassment upon disclosure of such information.
A. 2335 19
1 (c) [Each form provided for recertification pursuant to paragraph (b)
2 of subdivision ten of this section shall include an opportunity for the
3 applicant to request an exception from the information provided on such
4 form becoming public record pursuant to paragraph (a) of this subdivi-
5 sion. Such forms shall notify applicants that, upon discovery that an
6 applicant knowingly provided false information, such applicant may be
7 subject to penalties pursuant to section 175.30 of this chapter, and
8 further, that his or her request for an exception shall be null and
9 void, provided that written notice containing such determination is
10 provided to the applicant. Further, such forms shall provide each appli-
11 cant an opportunity to either decline to request the grant or continua-
12 tion of an exception, or specify the grounds on which he or she believes
13 his or her information should not be publicly disclosed. These grounds,
14 which shall be identified in the application with a box beside each for
15 checking, as applicable, by the applicant, shall be the same as provided
16 in paragraph (b) of this subdivision.
17 (d)] Information submitted on the forms described in paragraph (b) of
18 this subdivision shall be excepted from disclosure and maintained by the
19 entity retaining such information separate and apart from all other
20 records.
21 [(e)] (d) (i) Upon receiving a request for exception from disclosure,
22 the licensing officer shall grant such exception, unless the request is
23 determined to be null and void, pursuant to paragraph (b)[ or (c)] of
24 this subdivision.
25 (ii) A request for an exception from disclosure may be submitted at
26 any time, including after a license or recertification has been granted.
27 (iii) If an exception is sought and granted pursuant to paragraph (b)
28 of this subdivision, the application information shall not be public
29 record, unless the request is determined to be null and void. [If an
30 exception is sought and granted pursuant to paragraph (c) of this subdi-
31 vision, the information concerning such recertification application
32 shall not be public record, unless the request is determined to be null
33 and void.] Notwithstanding the foregoing provisions of this subpara-
34 graph, local and state law enforcement shall, upon request, be granted
35 access to and copies of such application information provided that such
36 information obtained by law enforcement pursuant to this subparagraph
37 shall not be considered a public record of such law enforcement agency.
38 [(f)] (e) The information of licensees or applicants for a license
39 shall not be disclosed to the public during the first one hundred twenty
40 days following the effective date of [the] chapter one of the laws of
41 two thousand thirteen, which amended this section. After such period,
42 the information of those who had applied for or been granted a license
43 prior to the preparation of the form for requesting an exception, pursu-
44 ant to paragraph (b) of this subdivision, may be released only if such
45 individuals did not file a request for such an exception during the
46 first sixty days following such preparation; provided, however, that no
47 information contained in an application for licensure or recertification
48 shall be disclosed by an entity that has not completed processing any
49 such requests received during such sixty days.
50 [(g)] (f) If a request for an exception is determined to be null and
51 void pursuant to paragraph (b) [or (c)] of this subdivision, an appli-
52 cant may request review of such determination pursuant to article seven-
53 ty-eight of the civil practice [laws] law and rules. Such proceeding
54 must commence within thirty days after service of the written notice
55 containing the adverse determination. Notice of the right to commence
56 such a petition, and the time period therefor, shall be included in the
A. 2335 20
1 notice of the determination. Disclosure following such a petition shall
2 not be made prior to the disposition of such review.
3 10. License: expiration, certification and renewal. [(a)] Any license
4 for gunsmith or dealer in firearms and, in the city of New York, any
5 license to carry or possess a pistol or revolver, issued at any time
6 pursuant to this section or prior to the first day of July, nineteen
7 hundred sixty-three and not limited to expire on an earlier date fixed
8 in the license, shall expire not more than three years after the date of
9 issuance. In the counties of Nassau, Suffolk and Westchester, any
10 license to carry or possess a pistol or revolver, issued at any time
11 pursuant to this section or prior to the first day of July, nineteen
12 hundred sixty-three and not limited to expire on an earlier date fixed
13 in the license, shall expire not more than five years after the date of
14 issuance; however, in the county of Westchester, any such license shall
15 be certified prior to the first day of April, two thousand, in accord-
16 ance with a schedule to be contained in regulations promulgated by the
17 commissioner of the division of criminal justice services, and every
18 such license shall be recertified every five years thereafter. For
19 purposes of this section certification shall mean that the licensee
20 shall provide to the licensing officer the following information only:
21 current name, date of birth, current address, and the make, model, cali-
22 ber and serial number of all firearms currently possessed. Such certif-
23 ication information shall be filed by the licensing officer in the same
24 manner as an amendment. Elsewhere than in the city of New York and the
25 counties of Nassau, Suffolk and Westchester, any license to carry or
26 possess a pistol or revolver, issued at any time pursuant to this
27 section or prior to the first day of July, nineteen hundred sixty-three
28 and not previously revoked or cancelled, shall be in force and effect
29 until revoked as herein provided. Any license not previously cancelled
30 or revoked shall remain in full force and effect for thirty days beyond
31 the stated expiration date on such license. Any application to renew a
32 license that has not previously expired, been revoked or cancelled shall
33 thereby extend the term of the license until disposition of the applica-
34 tion by the licensing officer. In the case of a license for gunsmith or
35 dealer in firearms, in counties having a population of less than two
36 hundred thousand inhabitants, photographs and fingerprints shall be
37 submitted on original applications and upon renewal thereafter only at
38 six year intervals. Upon satisfactory proof that a currently valid
39 original license has been despoiled, lost or otherwise removed from the
40 possession of the licensee and upon application containing an additional
41 photograph of the licensee, the licensing officer shall issue a dupli-
42 cate license.
43 [(b) All licensees shall be recertified to the division of state
44 police every five years thereafter. Any license issued before the effec-
45 tive date of the chapter of the laws of two thousand thirteen which
46 added this paragraph shall be recertified by the licensee on or before
47 January thirty-first, two thousand eighteen, and not less than one year
48 prior to such date, the state police shall send a notice to all license
49 holders who have not recertified by such time. Such recertification
50 shall be in a form as approved by the superintendent of state police,
51 which shall request the license holder's name, date of birth, gender,
52 race, residential address, social security number, firearms possessed by
53 such license holder, email address at the option of the license holder
54 and an affirmation that such license holder is not prohibited from
55 possessing firearms. The form may be in an electronic form if so desig-
56 nated by the superintendent of state police. Failure to recertify shall
A. 2335 21
1 act as a revocation of such license. If the New York state police
2 discover as a result of the recertification process that a licensee
3 failed to provide a change of address, the New York state police shall
4 not require the licensing officer to revoke such license.]
5 11. License: revocation and suspension. (a) The conviction of a licen-
6 see anywhere of a felony or serious offense [or a licensee at any time
7 becoming ineligible to obtain a license under this section] shall oper-
8 ate as a revocation of the license. A license may be revoked or
9 suspended as provided for in section 530.14 of the criminal procedure
10 law or section eight hundred forty-two-a of the family court act. Except
11 for a license issued pursuant to section 400.01 of this article, a
12 license may be revoked and cancelled at any time in the city of New
13 York, and in the counties of Nassau and Suffolk, by the licensing offi-
14 cer, and elsewhere than in the city of New York by any judge or justice
15 of a court of record; a license issued pursuant to section 400.01 of
16 this article may be revoked and cancelled at any time by the licensing
17 officer or any judge or justice of a court of record. The official
18 revoking a license shall give written notice thereof without unnecessary
19 delay to the executive department, division of state police, Albany, and
20 shall also notify immediately the duly constituted police authorities of
21 the locality.
22 (b) Whenever the director of community services in the counties of
23 Kings, Queens, Richmond, New York and Bronx, or his or her designee
24 makes a report pursuant to section 9.46 of the mental hygiene law, the
25 division of criminal justice services shall convey such information,
26 whenever it determines that the person named in the report possesses a
27 license issued pursuant to this section, to the appropriate licensing
28 official, who shall issue an order suspending or revoking such license.
29 (c) In any instance in which a person's license is suspended or
30 revoked under paragraph (a) or (b) of this subdivision, such person
31 shall surrender such license to the appropriate licensing official and
32 any and all firearms, rifles, or shotguns owned or possessed by such
33 person shall be surrendered to an appropriate law enforcement agency as
34 provided in subparagraph (f) of paragraph one of subdivision a of
35 section 265.20 of this chapter. In the event such license, firearm,
36 shotgun, or rifle is not surrendered, such items shall be removed and
37 declared a nuisance and any police officer or peace officer acting
38 pursuant to his or her special duties is authorized to remove any and
39 all such weapons.
40 12. Records required of gunsmiths and dealers in firearms. Any person
41 licensed as gunsmith or dealer in firearms shall keep a record book
42 approved as to form, except in the city of New York, by the superinten-
43 dent of state police. In the record book shall be entered at the time of
44 every transaction involving a firearm the date, name, age, occupation
45 and residence of any person from whom a firearm is received or to whom a
46 firearm is delivered, and the calibre, make, model, manufacturer's name
47 and serial number, or if none, any other distinguishing number or iden-
48 tification mark on such firearm. Before delivering a firearm to any
49 person, the licensee shall require him to produce either a license valid
50 under this section to carry or possess the same, or proof of lawful
51 authority as an exempt person pursuant to section 265.20 of this chapter
52 and either (a) the National Instant Criminal Background Check System
53 (NICS) or its successor has issued a "proceed" response to the licensee,
54 or (b) thirty calendar days have elapsed since the date the licensee
55 contacted NICS to initiate a national instant criminal background check
56 and NICS has not notified the licensee that the transfer of the firearm
A. 2335 22
1 to such person should be denied. In addition, before delivering a
2 firearm to a peace officer, the licensee shall verify that person's
3 status as a peace officer with the division of state police. After
4 completing the foregoing, the licensee shall remove and retain the
5 attached coupon and enter in the record book the date of such license,
6 number, if any, and name of the licensing officer, in the case of the
7 holder of a license to carry or possess, or the shield or other number,
8 if any, assignment and department, unit or agency, in the case of an
9 exempt person. The original transaction report shall be forwarded to the
10 division of state police within ten days of delivering a firearm to any
11 person, and a duplicate copy shall be kept by the licensee. The super-
12 intendent of state police may designate that such record shall be
13 completed and transmitted in electronic form. A dealer may be granted a
14 waiver from transmitting such records in electronic form if the super-
15 intendent determines that such dealer is incapable of such transmission
16 due to technological limitations that are not reasonably within the
17 control of the dealer, or other exceptional circumstances demonstrated
18 by the dealer, pursuant to a process established in regulation, and at
19 the discretion of the superintendent. [Records assembled or collected
20 for purposes of inclusion in the database created pursuant to section
21 400.02 of this article shall not be subject to disclosure pursuant to
22 article six of the public officers law.] The record book shall be main-
23 tained on the premises mentioned and described in the license and shall
24 be open at all reasonable hours for inspection by any peace officer,
25 acting pursuant to his special duties, or police officer. In the event
26 of cancellation or revocation of the license for gunsmith or dealer in
27 firearms, or discontinuance of business by a licensee, such record book
28 shall be immediately surrendered to the licensing officer in the city of
29 New York, and in the counties of Nassau and Suffolk, and elsewhere in
30 the state to the executive department, division of state police.
31 § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
32 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
33 the laws of 2013, is amended to read as follows:
34 16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
35 or (f)] subparagraph (v) or (vi) of paragraph (b) of subdivision twen-
36 ty-two of section 265.00 of this chapter, who resides in the county of
37 Kings, Queens, Richmond, New York or Bronx, possessed before the date of
38 the effective date of [the] chapter one of the laws of two thousand
39 thirteen which added this paragraph, must make an application to regis-
40 ter such weapon with the superintendent of state police, in the manner
41 provided by the superintendent, or by amending a license issued pursuant
42 to this section within one year of the effective date of this subdivi-
43 sion except any weapon defined under [subparagraph (vi)] clause (F) of
44 subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-two of
45 section 265.00 of this chapter transferred into the state may be regis-
46 tered at any time, provided such weapons are registered within thirty
47 days of their transfer into the state. Registration information shall
48 include the registrant's name, date of birth, gender, race, residential
49 address, social security number and a description of each weapon being
50 registered. A registration in the county of Kings, Queens, Richmond, New
51 York or Bronx, of any weapon defined under [subparagraph (vi)] clause
52 (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-
53 two of section 265.00 or a feeding device as defined under subdivision
54 twenty-three of section 265.00 of this chapter shall be transferable,
55 provided that the seller notifies the division of state police within
56 seventy-two hours of the transfer and the buyer provides the division of
A. 2335 23
1 state police with information sufficient to constitute a registration
2 under this section. Such registration shall not be valid if such regis-
3 trant is prohibited or becomes prohibited from possessing a firearm
4 pursuant to state or federal law. The superintendent shall determine
5 whether such registrant is prohibited from possessing a firearm under
6 state or federal law. Such check shall be limited to determining whether
7 the factors in 18 USC 922 (g) apply or whether a registrant has been
8 convicted of a serious offense as defined in subdivision sixteen-b of
9 section 265.00 of this chapter, so as to prohibit such registrant from
10 possessing a firearm, and whether a report has been issued pursuant to
11 section 9.46 of the mental hygiene law. [All] Such registrants shall
12 recertify to the division of state police every five years thereafter.
13 Failure to recertify shall result in a revocation of such registration.
14 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
15 this subdivision, an owner, who resides in the county of Kings, Queens,
16 Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
17 sion twenty-two of section 265.00 of this chapter, who is a qualified
18 retired New York or federal law enforcement officer as defined in subdi-
19 vision twenty-five of section 265.00 of this chapter, where such weapon
20 was issued to or purchased by such officer prior to retirement and in
21 the course of his or her official duties, and for which such officer was
22 qualified by the agency that employed such officer within twelve months
23 prior to his or her retirement, must register such weapon within sixty
24 days of retirement.
25 (b) The superintendent of state police shall create and maintain an
26 internet website to educate the public, who reside in the county of
27 Kings, Queens, Richmond, New York or Bronx, as to which semiautomatic
28 rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are
29 illegal as a result of the enactment of [the] chapter one of the laws of
30 two thousand thirteen which added this paragraph, as well as such
31 assault weapons which are illegal pursuant to article two hundred
32 sixty-five of this chapter. Such website shall contain information to
33 assist [the] such public in recognizing the relevant features proscribed
34 by such article two hundred sixty-five, as well as which make and model
35 of weapons that require registration.
36 (c) A person, who resides in the county of Kings, Queens, Richmond,
37 New York or Bronx, who knowingly fails to apply to register such weapon,
38 as required by this section, within one year of the effective date of
39 [the] chapter one of the laws of two thousand thirteen which added this
40 paragraph shall be guilty of a class A misdemeanor and such person who
41 unknowingly fails to validly register such weapon within such one year
42 period shall be given a warning by an appropriate law enforcement
43 authority about such failure and given thirty days in which to apply to
44 register such weapon or to surrender it. A failure to apply or surrender
45 such weapon within such thirty-day period shall result in such weapon
46 being removed by an appropriate law enforcement authority and declared a
47 nuisance.
48 § 31. Section 400.02 of the penal law is REPEALED.
49 § 32. Section 400.03 of the penal law, as added by chapter 1 of the
50 laws of 2013, is amended to read as follows:
51 § 400.03 Sellers of ammunition.
52 1. A seller of ammunition as defined in subdivision twenty-four of
53 section 265.00 of this chapter doing business in the county of Kings,
54 Queens, Richmond, New York or Bronx, shall register with the superinten-
55 dent of state police in a manner provided by the superintendent. Any
A. 2335 24
1 dealer in firearms that is validly licensed pursuant to section 400.00
2 of this article shall not be required to complete such registration.
3 2. Any seller of ammunition or dealer in firearms doing business in
4 the county of Kings, Queens, Richmond, New York or Bronx, shall keep a
5 record book approved as to form by the superintendent of state police.
6 In the record book shall be entered at the time of every transaction
7 involving ammunition the date, name, age, occupation and residence of
8 any person from whom ammunition is received or to whom ammunition is
9 delivered, and the amount, calibre, manufacturer's name and serial
10 number, or if none, any other distinguishing number or identification
11 mark on such ammunition. The record book shall be maintained on the
12 premises mentioned and described in the license and shall be open at all
13 reasonable hours for inspection by any peace officer, acting pursuant to
14 his or her special duties, or police officer. Any record produced pursu-
15 ant to this section and any transmission thereof to any government agen-
16 cy shall not be considered a public record for purposes of article six
17 of the public officers law.
18 3. [No later than thirty days after the superintendent of the state
19 police certifies that the statewide license and record database estab-
20 lished pursuant to section 400.02 of this article is operational for the
21 purposes of this section, a] A dealer in firearms licensed pursuant to
22 section 400.00 of this article, a seller of ammunition as defined in
23 subdivision twenty-four of section 265.00 of this chapter doing business
24 in the county of Kings, Queens, Richmond, New York or Bronx, shall not
25 transfer any ammunition to any other person who is not a dealer in
26 firearms as defined in subdivision nine of such section 265.00 or a
27 seller of ammunition as defined in subdivision twenty-four of section
28 265.00 of this chapter, unless:
29 (a) before the completion of the transfer, the licensee or seller
30 contacts the [statewide license and record database] superintendent of
31 state police and provides the [database] superintendent with information
32 sufficient to identify such dealer or seller, transferee based on infor-
33 mation on the transferee's identification document as defined in para-
34 graph (c) of this subdivision, as well as the amount, calibre, manufac-
35 turer's name and serial number, if any, of such ammunition;
36 (b) the [system] superintendent provides the licensee or seller with a
37 unique identification number; and
38 (c) the transferor has verified the identity of the transferee by
39 examining a valid state identification document of the transferee issued
40 by the department of motor vehicles or if the transferee is not a resi-
41 dent of the state of New York, a valid identification document issued by
42 the transferee's state or country of residence containing a photograph
43 of the transferee.
44 4. If the [database] superintendent of state police determines that
45 the purchaser of ammunition is eligible to possess ammunition pursuant
46 to state and federal laws, [the system] he or she shall:
47 (a) assign a unique identification number to the transfer; and
48 (b) provide the licensee or seller with the number.
49 5. If the [statewide license and record database] superintendent of
50 state police notifies the licensee or seller that the information avail-
51 able [to the database] does not demonstrate that the receipt of ammuni-
52 tion by such other person would violate 18 U.S.C. 922(g) or state law,
53 and the licensee transfers ammunition to such other person, the licensee
54 shall indicate to the [database] superintendent that such transaction
55 has been completed at which point a record of such transaction shall be
56 created which shall be accessible by the division of state police and
A. 2335 25
1 maintained for no longer than one year from point of purchase[, which
2 shall not be incorporated into the database established pursuant to
3 section 400.02 of this article or the registry established pursuant to
4 subdivision sixteen-a of section 400.00 of this article]. The division
5 of state police may share such information with a local law enforcement
6 agency. Evidence of the purchase of ammunition is not sufficient to
7 establish probable cause to believe that the purchaser has committed a
8 crime absent other information tending to prove the commission of a
9 crime. Records assembled or accessed pursuant to this section shall not
10 be subject to disclosure pursuant to article six of the public officers
11 law. This requirement of this section shall not apply (i) if a back-
12 ground check cannot be completed because the system is not operational
13 as determined by the superintendent of state police, or where it cannot
14 be accessed by the practitioner due to a temporary technological or
15 electrical failure, as set forth in regulation, or (ii) a dealer or
16 seller has been granted a waiver from conducting such background check
17 if the superintendent of state police determines that such dealer is
18 incapable of such check due to technological limitations that are not
19 reasonably within the control of the dealer, or other exceptional
20 circumstances demonstrated by the dealer, pursuant to a process estab-
21 lished in regulation, and at the discretion of such superintendent.
22 6. If the superintendent of state police certifies that background
23 checks of ammunition purchasers in the county of Kings, Queens, Rich-
24 mond, New York or Bronx may be conducted through the national instant
25 criminal background check system, use of that system by a dealer or
26 seller shall be sufficient to satisfy subdivisions four and five of this
27 section and such checks shall be conducted through such system, provided
28 that a record of such transaction shall be forwarded to the state police
29 in a form determined by the superintendent.
30 7. No commercial transfer of ammunition shall take place in the county
31 of Kings, Queens, Richmond, New York or Bronx unless a licensed dealer
32 in firearms or registered seller of ammunition acts as an intermediary
33 between the transferor and the ultimate transferee of the ammunition for
34 the purposes of contacting the statewide license and record database
35 pursuant to this section. Such transfer between the dealer or seller,
36 and transferee must occur in person.
37 8. A seller of ammunition who fails to register pursuant to this
38 section and sells ammunition, for a first offense, shall be guilty of a
39 violation and subject to the fine of one thousand dollars and for a
40 second offense, shall be guilty of a class A misdemeanor.
41 A seller of ammunition that fails to keep any record required pursuant
42 to this section, for a first offense shall be guilty of a violation and
43 subject to a fine of five hundred dollars, and for a second offense
44 shall be guilty of a class B misdemeanor, and the registration of such
45 seller shall be revoked.
46 § 33. Paragraph (a) of subdivision 1 and subdivision 3 of section
47 400.10 of the penal law, as amended by chapter 1 of the laws of 2013,
48 are amended to read as follows:
49 (a) Any owner or other person lawfully in possession of: (i) a
50 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
51 on; (ii) in the county of Kings, Queens, Richmond, New York or Bronx,
52 ammunition as well as a firearm, rifle or shotgun who suffers the loss
53 or theft of such ammunition as well as a firearm, rifle or shotgun; or
54 (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
55 nition and is a dealer in firearms or seller of ammunition who suffers
56 the loss or theft of such ammunition shall within twenty-four hours of
A. 2335 26
1 the discovery of the loss or theft report the facts and circumstances of
2 the loss or theft to a police department or sheriff's office.
3 3. Notwithstanding any other provision of law, a violation of para-
4 graph (a) of subdivision one of this section shall be [a class A misde-
5 meanor] punishable only by a fine not to exceed one hundred dollars.
6 § 34. Section 2509 of the surrogate's court procedure act, as added by
7 chapter 1 of the laws of 2013, is amended to read as follows:
8 § 2509. Firearms inventory
9 Whenever, by regulation, rule or statute, a fiduciary or attorney of
10 record in the county of Kings, Queens, Richmond, New York or Bronx must
11 file a list of assets constituting a decedent's estate, such list must
12 include a particularized description of every firearm, shotgun and
13 rifle, as such terms are defined in section 265.00 of the penal law,
14 that are part of such estate. Such list must be filed with the surro-
15 gate's court in the county in which the estate proceeding, if any, is
16 pending and a copy must be filed with the division of criminal justice
17 services.
18 § 35. This act shall take effect immediately.
