S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6094
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 14, 2013
                                      ___________
       Introduced  by  M. of A. STEC -- read once and referred to the Committee
         on Codes
       AN ACT to amend the family court act, in relation to the suspension  and
         revocation  of  a  license  to  carry  firearms; to amend the domestic
         relations law, in relation to orders of protection; to amend the penal
         law, in relation to the applicability of  certain  provisions  of  the
         penal   law,  large  capacity  ammunition  feeding  devices,  and  gun
         licenses; to amend section 58 of chapter 1 of the laws of 2013  amend-
         ing  the  criminal procedure law and other laws relating to suspension
         and revocation of firearms  licenses;  private  sale  or  disposal  of
         firearms, rifles or shotguns and establishing a minimum age to possess
         a  firearm,  in  relation  to the effectiveness thereof; and to repeal
         article 39-DDD of the general business law  relating  to  the  private
         sale or disposal of firearms, rifles and shotguns, section 9.46 of the
         mental  hygiene  law relating to reports of substantial risk or threat
         of harm by mental health professionals, sections 37, 38, 46 and 51  of
         chapter 1 of the laws of 2013, amending the criminal procedure law and
         other laws relating to suspension and revocation of firearms licenses;
         private  sale  or  disposal of firearms, rifles or shotguns and estab-
         lishing a minimum age to possess a firearm relating  to  gun  control,
         section 265.01-b of the penal law relating to criminal possession of a
         firearm,  section  265.36  of  the  penal  law  relating  to  unlawful
         possession of a large capacity ammunition feeding  device,  265.37  of
         the  penal  law  relating to unlawful possession of certain ammunition
         feeding devices, 265.45 of the penal law relating to the safe  storage
         of rifles, shotguns, and firearms, 400.02 of the penal law relating to
         the  statewide license and record database and 400.03 of the penal law
         relating to sellers of ammunition, and section 2509 of the surrogate's
         court procedure act relating to a firearms inventory
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09316-03-3
       A. 6094                             2
    1    Section  1. Section 446-a of the family court act, as added by chapter
    2  1 of the laws of 2013, is amended to read as follows:
    3    S  446-a.  Firearms;  surrender and license suspension, revocation and
    4  ineligibility. Upon the issuance of an order of protection or  temporary
    5  order  of protection, or upon a violation of such order, the court shall
    6  make a determination regarding the suspension [and] AND/OR revocation of
    7  a license to carry, possess, repair or dispose of a firearm or firearms,
    8  ineligibility for such a  license  and  the  surrender  of  firearms  in
    9  accordance with section eight hundred forty-two-a of this act.
   10    S 2. Section 552 of the family court act, as added by chapter 1 of the
   11  laws of 2013, is amended to read as follows:
   12    S  552.  Firearms;  surrender  and  license suspension, revocation and
   13  ineligibility. Upon the issuance of an order of protection or  temporary
   14  order  of protection, or upon a violation of such order, the court shall
   15  make a determination regarding the suspension [and] AND/OR revocation of
   16  a license to carry, possess, repair or dispose of a firearm or firearms,
   17  ineligibility for such a  license  and  the  surrender  of  firearms  in
   18  accordance with section eight hundred forty-two-a of this act.
   19    S  3.  Section 656-a of the family court act, as added by chapter 1 of
   20  the laws of 2013, is amended to read as follows:
   21    S 656-a. Firearms; surrender and license  suspension,  revocation  and
   22  ineligibility.  Upon the issuance of an order of protection or temporary
   23  order of protection, or upon a violation of such order, the court  shall
   24  make a determination regarding the suspension [and] AND/OR revocation of
   25  a license to carry, possess, repair or dispose of a firearm or firearms,
   26  ineligibility  for  such  a  license  and  the  surrender of firearms in
   27  accordance with section eight hundred forty-two-a of this act.
   28    S 4. Section 780-a of the family court act, as added by chapter  1  of
   29  the laws of 2013, is amended to read as follows:
   30    S  780-a.  Firearms;  surrender and license suspension, revocation and
   31  ineligibility. Upon the issuance of an order of protection or  temporary
   32  order  of protection, or upon a violation of such order, the court shall
   33  make a determination regarding the suspension [and] AND/OR revocation of
   34  a license to carry, possess, repair or dispose of a firearm or firearms,
   35  ineligibility for such a  license  and  the  surrender  of  firearms  in
   36  accordance with section eight hundred forty-two-a of this act.
   37    S  5.  Paragraph  h  of  subdivision  3 of section 240 of the domestic
   38  relations law, as amended by chapter 1 of the laws of 2013,  is  amended
   39  to read as follows:
   40    h.  Upon  issuance  of  an  order  of protection or temporary order of
   41  protection or upon a violation of such order, the  court  shall  make  a
   42  determination  regarding  the  suspension  [and]  AND/OR revocation of a
   43  license to carry, possess, repair or dispose of a firearm  or  firearms,
   44  ineligibility  for  such  a  license  and  the  surrender of firearms in
   45  accordance with sections eight hundred  forty-two-a  and  eight  hundred
   46  forty-six-a  of the family court act, as applicable. Upon issuance of an
   47  order of protection pursuant to this section or  upon  a  finding  of  a
   48  violation  thereof,  the court also may direct payment of restitution in
   49  an amount not to exceed ten thousand dollars in accordance with subdivi-
   50  sion (e) of section eight  hundred  forty-one  of  such  act;  provided,
   51  however,  that  in no case shall an order of restitution be issued where
   52  the court determines that the party against  whom  the  order  would  be
   53  issued  has  already compensated the injured party or where such compen-
   54  sation is incorporated in a final judgment or settlement of the action.
   55    S 6. Subdivision 9 of section 252 of the domestic  relations  law,  as
   56  amended by chapter 1 of the laws of 2013, is amended to read as follows:
       A. 6094                             3
    1    9.  Upon  issuance  of  an  order  of protection or temporary order of
    2  protection or upon a violation of such order, the  court  shall  make  a
    3  determination  regarding  the  suspension  [and]  AND/OR revocation of a
    4  license to carry, possess, repair or dispose of a firearm  or  firearms,
    5  ineligibility  for  such  a  license  and  the  surrender of firearms in
    6  accordance with sections eight hundred  forty-two-a  and  eight  hundred
    7  forty-six-a  of the family court act, as applicable. Upon issuance of an
    8  order of protection pursuant to this section or  upon  a  finding  of  a
    9  violation  thereof,  the court also may direct payment of restitution in
   10  an amount not to exceed ten thousand dollars in accordance with subdivi-
   11  sion (e) of section eight  hundred  forty-one  of  such  act;  provided,
   12  however,  that  in no case shall an order of restitution be issued where
   13  the court determines that the party against  whom  the  order  would  be
   14  issued  has  already compensated the injured party or where such compen-
   15  sation is incorporated in a final judgment or settlement of the action.
   16    S 7. Article 39-DDD of the general business law is REPEALED.
   17    S 8. Section 9.46 of the mental hygiene law is REPEALED.
   18    S 9. Sections 37, 38, 46 and 51 of chapter 1  of  the  laws  of  2013,
   19  amending  the  criminal procedure law and other laws relating to suspen-
   20  sion and revocation of firearms licenses; private sale  or  disposal  of
   21  firearms, rifles or shotguns and establishing a minimum age to possess a
   22  firearm are REPEALED.
   23    S  10. The opening paragraph of subdivision a of section 265.20 of the
   24  penal law, as amended by chapter 496 of the laws of 1991, is amended  to
   25  read as follows:
   26    Sections  265.01,  265.01-A,  265.02,  265.03, 265.04, 265.05, 265.10,
   27  265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to:
   28    S 11. Sections 265.01-b, 265.36, 265.37, 265.45, 400.02 and 400.03  of
   29  the penal law are REPEALED.
   30    S  12. Subdivision 8 of section 265.02 of the penal law, as amended by
   31  chapter 1 of the laws of 2013, is amended to read as follows:
   32    (8) Such person possesses a large capacity ammunition feeding device[.
   33  For purposes of this subdivision, a large  capacity  ammunition  feeding
   34  device shall not include an ammunition feeding device lawfully possessed
   35  by  such  person before the effective date of the chapter of the laws of
   36  two thousand thirteen which amended this subdivision, that has a capaci-
   37  ty of, or that can be readily restored or converted to accept more  than
   38  seven  but  less  than eleven rounds of ammunition, or that was manufac-
   39  tured before September thirteenth, nineteen  hundred  ninety-four,  that
   40  has  a  capacity  of,  or  that  can be readily restored or converted to
   41  accept, more than ten rounds of ammunition]; or
   42    S 13. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00  of  the
   43  penal  law,  subdivisions  5, 10 and 12 as amended and subdivisions 16-a
   44  and 16-b as added by chapter 1 of the laws of 2013, are amended to  read
   45  as follows:
   46    5.  Filing  of  approved  applications.  [(a)] The application for any
   47  license, if granted, shall be filed by the licensing  officer  with  the
   48  clerk  of  the  county  of issuance, except that in the city of New York
   49  and, in the counties of Nassau and Suffolk, the licensing officer  shall
   50  designate  the  place  of  filing in the appropriate division, bureau or
   51  unit of the police department thereof, and in the county of Suffolk  the
   52  county  clerk  is  hereby authorized to transfer all records or applica-
   53  tions relating to firearms to the licensing authority  of  that  county.
   54  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
   55  the] THE name and address of any person to whom an application  for  any
   56  license  has been granted shall NOT be a public record. Upon application
       A. 6094                             4
    1  by a licensee who has changed his place of  residence  such  records  or
    2  applications  shall  be  transferred  to  the appropriate officer at the
    3  licensee's new place of residence. A duplicate copy of such  application
    4  shall  be  filed  by  the licensing officer in the executive department,
    5  division of state police, Albany, within ten days after issuance of  the
    6  license.  The  superintendent  of  state  police may designate that such
    7  application shall be transmitted to the division of state  police  elec-
    8  tronically.  In  the  event  the superintendent of the division of state
    9  police determines that it lacks any of the records required to be  filed
   10  with the division, it may request that such records be provided to it by
   11  the  appropriate  clerk, department or authority and such clerk, depart-
   12  ment or authority shall provide the division with such records.  In  the
   13  event  such clerk, department or authority lacks such records, the divi-
   14  sion may request the license holder provide  information  sufficient  to
   15  constitute  such  record and such license holder shall provide the divi-
   16  sion with such information. Such information shall  be  limited  to  the
   17  license  holder's name, date of birth, gender,race, residential address,
   18  social security number and firearms possessed by  said  license  holder.
   19  Nothing  in this subdivision shall be construed to change the expiration
   20  date or term of such licenses if otherwise provided for in law. [Records
   21  assembled or collected for purposes of inclusion in the database  estab-
   22  lished  by  this  section  shall  be released pursuant to a court order.
   23  Records assembled or collected for purposes of inclusion in the database
   24  created pursuant to section 400.02 of this chapter shall not be  subject
   25  to disclosure pursuant to article six of the public officers law.
   26    (b)  Each  application for a license pursuant to paragraph (a) of this
   27  subdivision shall include, on a separate written form  prepared  by  the
   28  division of state police within thirty days of the effective date of the
   29  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
   30  section, and provided to the applicant at the same time and in the  same
   31  manner  as  the application for a license, an opportunity for the appli-
   32  cant to request an exception from his  or  her  application  information
   33  becoming  public  record  pursuant to paragraph (a) of this subdivision.
   34  Such forms, which shall also be made available to  individuals  who  had
   35  applied for or been granted a license prior to the effective date of the
   36  chapter of the laws of two thousand thirteen which amended this section,
   37  shall notify applicants that, upon discovery that an applicant knowingly
   38  provided  false  information, such applicant may be subject to penalties
   39  pursuant to section 175.30 of this chapter, and further, that his or her
   40  request for an exception shall be null and void, provided  that  written
   41  notice  containing  such  determination  is  provided  to the applicant.
   42  Further, such forms shall provide each applicant an opportunity to spec-
   43  ify the grounds on which he or  she  believes  his  or  her  application
   44  information should not be publicly disclosed. These grounds, which shall
   45  be identified on the application with a box beside each for checking, as
   46  applicable, by the applicant, shall be as follows:
   47    (i)  the  applicant's  life  or safety may be endangered by disclosure
   48  because:
   49    (A) the applicant is an active or retired police officer, peace  offi-
   50  cer, probation officer, parole officer, or corrections officer;
   51    (B)  the applicant is a protected person under a currently valid order
   52  of protection;
   53    (C) the applicant is or was a witness in a criminal proceeding involv-
   54  ing a criminal charge;
       A. 6094                             5
    1    (D) the applicant is participating or  previously  participated  as  a
    2  juror  in  a criminal proceeding, or is or was a member of a grand jury;
    3  or
    4    (E) the applicant is a spouse, domestic partner or household member of
    5  a  person  identified  in this subparagraph or subparagraph (ii) of this
    6  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    7  apply.
    8    (ii) the applicant has reason to believe his or her life or safety may
    9  be endangered by disclosure due to reasons stated by the applicant.
   10    (iii)  the applicant has reason to believe he or she may be subject to
   11  unwarranted harassment upon disclosure of such information.
   12    (c) Each form provided for recertification pursuant to  paragraph  (b)
   13  of  subdivision ten of this section shall include an opportunity for the
   14  applicant to request an exception from the information provided on  such
   15  form  becoming  public record pursuant to paragraph (a) of this subdivi-
   16  sion. Such forms shall notify applicants that, upon  discovery  that  an
   17  applicant  knowingly  provided  false information, such applicant may be
   18  subject to penalties pursuant to section 175.30  of  this  chapter,  and
   19  further,  that  his  or  her  request for an exception shall be null and
   20  void, provided that written  notice  containing  such  determination  is
   21  provided to the applicant. Further, such forms shall provide each appli-
   22  cant  an opportunity to either decline to request the grant or continua-
   23  tion of an exception, or specify the grounds on which he or she believes
   24  his or her information should not be publicly disclosed. These  grounds,
   25  which  shall be identified in the application with a box beside each for
   26  checking, as applicable, by the applicant, shall be the same as provided
   27  in paragraph (b) of this subdivision.
   28    (d) Information submitted on the forms described in paragraph  (b)  of
   29  this subdivision shall be excepted from disclosure and maintained by the
   30  entity  retaining  such  information  separate  and apart from all other
   31  records.
   32    (e) (i) Upon receiving a request for exception  from  disclosure,  the
   33  licensing  officer  shall  grant  such  exception, unless the request is
   34  determined to be null and void, pursuant to paragraph (b) or (c) of this
   35  subdivision.
   36    (ii) A request for an exception from disclosure may  be  submitted  at
   37  any time, including after a license or recertification has been granted.
   38    (iii)  If an exception is sought and granted pursuant to paragraph (b)
   39  of this subdivision, the application information  shall  not  be  public
   40  record,  unless  the  request  is  determined to be null and void. If an
   41  exception is sought and granted pursuant to paragraph (c) of this subdi-
   42  vision, the  information  concerning  such  recertification  application
   43  shall  not be public record, unless the request is determined to be null
   44  and void.
   45    (f) The information of licensees or applicants for a license shall not
   46  be disclosed to the public during the  first  one  hundred  twenty  days
   47  following  the effective date of the chapter of the laws of two thousand
   48  thirteen, which amended this section. After such period, the information
   49  of those who had applied for or been granted  a  license  prior  to  the
   50  preparation  of  the form for requesting an exception, pursuant to para-
   51  graph (b) of this subdivision, may be released only if such  individuals
   52  did not file a request for such an exception during the first sixty days
   53  following  such  preparation;  provided,  however,  that  no information
   54  contained in an application for licensure or  recertification  shall  be
   55  disclosed  by  an  entity  that  has  not  completed processing any such
   56  requests received during such sixty days.
       A. 6094                             6
    1    (g) If a request for an exception is determined to be  null  and  void
    2  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    3  request review of such determination pursuant to  article  seventy-eight
    4  of  the  civil  practice  laws  and rules. Such proceeding must commence
    5  within  thirty  days  after service of the written notice containing the
    6  adverse determination. Notice of the right to commence such a  petition,
    7  and  the  time  period  therefor, shall be included in the notice of the
    8  determination. Disclosure following such a petition shall  not  be  made
    9  prior to the disposition of such review.]
   10    10.  License: expiration, certification and renewal. [(a)] Any license
   11  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
   12  license  to  carry  or  possess a pistol or revolver, issued at any time
   13  pursuant to this section or prior to the first  day  of  July,  nineteen
   14  hundred  sixty-three  and not limited to expire on an earlier date fixed
   15  in the license, shall expire not more than three years after the date of
   16  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
   17  license  to  carry  or  possess a pistol or revolver, issued at any time
   18  pursuant to this section or prior to the first  day  of  July,  nineteen
   19  hundred  sixty-three  and not limited to expire on an earlier date fixed
   20  in the license, shall expire not more than five years after the date  of
   21  issuance;  however, in the county of Westchester, any such license shall
   22  be certified prior to the first day of April, two thousand,  in  accord-
   23  ance  with  a schedule to be contained in regulations promulgated by the
   24  commissioner of the division of criminal  justice  services,  and  every
   25  such  license  shall  be  recertified  every  five years thereafter. For
   26  purposes of this section certification  shall  mean  that  the  licensee
   27  shall  provide  to the licensing officer the following information only:
   28  current name, date of birth, current address, and the make, model, cali-
   29  ber and serial number of all firearms currently possessed. Such  certif-
   30  ication  information shall be filed by the licensing officer in the same
   31  manner as an amendment. Elsewhere than in the city of New York  and  the
   32  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
   33  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
   34  section  or prior to the first day of July, nineteen hundred sixty-three
   35  and not previously revoked or cancelled, shall be in  force  and  effect
   36  until  revoked  as herein provided. Any license not previously cancelled
   37  or revoked shall remain in full force and effect for thirty days  beyond
   38  the  stated  expiration date on such license. Any application to renew a
   39  license that has not previously expired, been revoked or cancelled shall
   40  thereby extend the term of the license until disposition of the applica-
   41  tion by the licensing officer. In the case of a license for gunsmith  or
   42  dealer  in  firearms,  in  counties having a population of less than two
   43  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
   44  submitted  on  original applications and upon renewal thereafter only at
   45  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
   46  original  license has been despoiled, lost or otherwise removed from the
   47  possession of the licensee and upon application containing an additional
   48  photograph of the licensee, the licensing officer shall issue  a  dupli-
   49  cate license.
   50    [(b)  All  licensees  shall  be  recertified  to the division of state
   51  police every five years thereafter. Any license issued before the effec-
   52  tive date of the chapter of the laws  of  two  thousand  thirteen  which
   53  added  this  paragraph shall be recertified by the licensee on or before
   54  January thirty-first, two thousand eighteen, and not less than one  year
   55  prior  to such date, the state police shall send a notice to all license
   56  holders who have not recertified  by  such  time.  Such  recertification
       A. 6094                             7
    1  shall  be  in  a form as approved by the superintendent of state police,
    2  which shall request the license holder's name, date  of  birth,  gender,
    3  race, residential address, social security number, firearms possessed by
    4  such  license  holder, email address at the option of the license holder
    5  and an affirmation that such  license  holder  is  not  prohibited  from
    6  possessing  firearms. The form may be in an electronic form if so desig-
    7  nated by the superintendent of state police. Failure to recertify  shall
    8  act  as  a  revocation  of  such  license.  If the New York state police
    9  discover as a result of the  recertification  process  that  a  licensee
   10  failed  to  provide a change of address, the New York state police shall
   11  not require the licensing officer to revoke such license.]
   12    12. Records required of gunsmiths and dealers in firearms. Any  person
   13  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
   14  approved as to form, except in the city of New York, by the  superinten-
   15  dent of state police. In the record book shall be entered at the time of
   16  every  transaction  involving  a firearm the date, name, age, occupation
   17  and residence of any person from whom a firearm is received or to whom a
   18  firearm is delivered, and the calibre, make, model, manufacturer's  name
   19  and  serial number, or if none, any other distinguishing number or iden-
   20  tification mark on such firearm. Before  delivering  a  firearm  to  any
   21  person, the licensee shall require him to produce either a license valid
   22  under  this  section  to  carry  or possess the same, or proof of lawful
   23  authority as an exempt person pursuant to section 265.20.  In  addition,
   24  before delivering a firearm to a peace officer, the licensee shall veri-
   25  fy  that  person's  status as a peace officer with the division of state
   26  police. After completing the foregoing, the licensee  shall  remove  and
   27  retain the attached coupon and enter in the record book the date of such
   28  license,  number, if any, and name of the licensing officer, in the case
   29  of the holder of a license to carry or possess, or the shield  or  other
   30  number,  if  any, assignment and department, unit or agency, in the case
   31  of an exempt person. The original transaction report shall be  forwarded
   32  to  the division of state police within ten days of delivering a firearm
   33  to any person, and a duplicate copy shall be kept by the  licensee.  The
   34  superintendent  of  state police may designate that such record shall be
   35  completed and transmitted in electronic form. A dealer may be granted  a
   36  waiver  from  transmitting such records in electronic form if the super-
   37  intendent determines that such dealer is incapable of such  transmission
   38  due  to  technological  limitations  that  are not reasonably within the
   39  control of the dealer, or other exceptional  circumstances  demonstrated
   40  by  the  dealer, pursuant to a process established in regulation, and at
   41  the discretion of the superintendent. [Records  assembled  or  collected
   42  for  purposes  of  inclusion in the database created pursuant to section
   43  400.02 of this article shall not be subject to  disclosure  pursuant  to
   44  article  six of the public officers law.] The record book shall be main-
   45  tained on the premises mentioned and described in the license and  shall
   46  be  open  at  all  reasonable hours for inspection by any peace officer,
   47  acting pursuant to his special duties, or police officer. In  the  event
   48  of  cancellation  or revocation of the license for gunsmith or dealer in
   49  firearms, or discontinuance of business by a licensee, such record  book
   50  shall be immediately surrendered to the licensing officer in the city of
   51  New  York,  and  in the counties of Nassau and Suffolk, and elsewhere in
   52  the state to the executive department, division of state police.
   53    16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
   54  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
   55  possessed  before  the  date of the effective date of the chapter of the
   56  laws of two thousand thirteen which added this paragraph, must  make  an
       A. 6094                             8
    1  application  to  register  such  weapon with the superintendent of state
    2  police, in the manner provided by the superintendent, or by  amending  a
    3  license issued pursuant to this section within one year of the effective
    4  date  of  this  subdivision except any weapon defined under subparagraph
    5  (vi) of paragraph (g) of subdivision twenty-two  of  section  265.00  of
    6  this  chapter  transferred into the state may be registered at any time,
    7  provided such weapons are registered within thirty days of their  trans-
    8  fer  into  the  state. Registration information shall include the regis-
    9  trant's name, date of birth, gender, race, residential  address,  social
   10  security  number  and  a  description of each weapon being registered. A
   11  registration of any weapon defined under subparagraph (vi) of  paragraph
   12  (g)  of  subdivision twenty-two of section 265.00 or a feeding device as
   13  defined under subdivision twenty-three of section 265.00 of this chapter
   14  shall be transferable, provided  that  the  seller  notifies  the  state
   15  police  within  seventy-two hours of the transfer and the buyer provides
   16  the state police with information sufficient to constitute  a  registra-
   17  tion  under  this  section. Such registration shall not be valid if such
   18  registrant is prohibited or becomes prohibited from possessing a firearm
   19  pursuant to state or federal law.  The  superintendent  shall  determine
   20  whether  such  registrant  is prohibited from possessing a firearm under
   21  state or federal law. Such check shall be limited to determining whether
   22  the factors in 18 USC 922 (g) apply or whether  a  registrant  has  been
   23  convicted  of  a  serious offense as defined in subdivision sixteen-b of
   24  section 265.00 of this chapter, so as to prohibit such  registrant  from
   25  possessing  a  firearm, and whether a report has been issued pursuant to
   26  section 9.46 of the mental hygiene law. All registrants shall  recertify
   27  to  the division of state police every five years thereafter. Failure to
   28  recertify shall result in a revocation of such registration.
   29    (b) The superintendent of state police shall create  and  maintain  an
   30  internet  website to educate the public as to which semiautomatic rifle,
   31  semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
   32  as a result of the enactment of the chapter of the laws of two  thousand
   33  thirteen  which  added  this  paragraph, as well as such assault weapons
   34  which are illegal pursuant to article two  hundred  sixty-five  of  this
   35  chapter.  Such website shall contain information to assist the public in
   36  recognizing the relevant features proscribed by such article two hundred
   37  sixty-five, as well as which make and  model  of  weapons  that  require
   38  registration.
   39    (c)  A person who knowingly fails to apply to register such weapon, as
   40  required by this section, within one year of the effective date  of  the
   41  chapter  of the laws of two thousand thirteen which added this paragraph
   42  shall be guilty of a class A misdemeanor and such person who unknowingly
   43  fails to validly register such weapon within such one year period  shall
   44  be  given  a  warning  by an appropriate law enforcement authority about
   45  such failure and given thirty days in which to apply  to  register  such
   46  weapon  or  to surrender it. A failure to apply or surrender such weapon
   47  within such thirty-day period shall result in such weapon being  removed
   48  by an appropriate law enforcement authority and declared a nuisance.
   49    16-b.] The cost of the software, programming and interface required to
   50  transmit any record that must be electronically transmitted by the deal-
   51  er or licensing officer to the division of state police pursuant to this
   52  chapter shall be borne by the state.
   53    S 14. Section 2509 of the surrogate's court procedure act is REPEALED.
   54    S  15. Section 58 of chapter 1 of the laws of 2013 amending the crimi-
   55  nal procedure law and other laws relating to suspension  and  revocation
   56  of  firearms  licenses;  private sale or disposal of firearms, rifles or
       A. 6094                             9
    1  shotguns and establishing a minimum age to possess a firearm, is amended
    2  to read as follows:
    3    S 58. This act shall take effect immediately; provided, however, that:
    4    a.  Sections  one,  two, three, four, five, [six, seven, eight, nine,]
    5  ten, [eleven, twelve,] thirteen, fourteen, fifteen, sixteen,  seventeen,
    6  eighteen,  nineteen,  [twenty,]  twenty-one,  twenty-two,  twenty-three,
    7  twenty-four, twenty-five, twenty-six, twenty-six-a, twenty-seven,  twen-
    8  ty-eight,  twenty-nine,  thirty,  thirty-one,  thirty-two, thirty-three,
    9  thirty-four, thirty-five, thirty-six,  thirty-nine,  forty,  [forty-one,
   10  forty-one-a,  forty-one-b,]  forty-two, forty-three, forty-five, [forty-
   11  six, forty-six-a,  forty-seven,  fifty-one,]  fifty-two,  [fifty-three,]
   12  fifty-four,  fifty-five,  and fifty-six of this act shall take effect on
   13  the sixtieth day after it shall have become a law;
   14    b. [The amendments to subdivision 23 of section 265.00  of  the  penal
   15  law  made  by  section thirty-eight of this act shall take effect on the
   16  ninetieth day after this act shall have become a law,  except  that  the
   17  amendments  made  to  paragraph  (a) of subdivision 23 shall take effect
   18  immediately;
   19    c.] The amendments to subdivision 1, paragraph (a) of  subdivision  3,
   20  and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
   21  penal  law made by section forty-eight of this act shall take effect one
   22  year after this act shall have become a law;
   23    [d. The amendments to subdivision 16-a of section 400.00 of the  penal
   24  law  made  by  section  forty-eight of this act shall take effect on the
   25  ninetieth day after this act shall have become a law;
   26    e. The amendments to sections 400.02 and 400.03 of the penal law  made
   27  by  sections forty-nine and fifty of this act shall take effect one year
   28  after it shall have become a law;] and
   29    [f.] C. The amendments to subdivision (b) of section 9.47 and sections
   30  9.48 and 9.60 of the mental hygiene law  made  by  sections  twenty-one,
   31  twenty-two  and twenty-three of this act shall not affect the expiration
   32  and repeal of such paragraph and sections and shall be  deemed  repealed
   33  therewith.
   34    S  16.  Severability.  If  any clause, sentence, paragraph, section or
   35  part of this act shall be adjudged by any court of  competent  jurisdic-
   36  tion  to be invalid and after exhaustion of all further judicial review,
   37  the judgment shall not affect, impair or invalidate the remainder there-
   38  of, but shall be confined in its  operation  to  the  clause,  sentence,
   39  paragraph,  section or part of this act directly involved in the contro-
   40  versy in which the judgment shall have been rendered.
   41    S 17. This act shall  take  effect  immediately;  provided  that:  the
   42  amendments  to  subdivisions  10, 12, 16-a and 16-b of section 400.00 of
   43  the penal law made by section thirteen of this act shall take effect  on
   44  the  same  date and in the same manner as section 48 of chapter 1 of the
   45  laws of 2013 takes effect.