S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1696
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of A. ZEBROWSKI, JAFFEE, GALEF, SCARBOROUGH, STIRPE,
         BRINDISI, SKOUFIS, BORELLI, RAIA,  CORWIN,  CURRAN,  GOODELL,  CROUCH,
         CERETTO,  BARRETT,  OAKS  --  Multi-Sponsored  by -- M. of A. BARCLAY,
         COLTON, DUPREY, HIKIND, KOLB, LOPEZ, LUPINACCI, MAGEE,  McKEVITT,  RA,
         RIVERA, THIELE -- read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal law, in relation to prohibiting the state
         police from imposing a fee or surcharge for recertification of certain
         gun licenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  of subdivision 10 and subdivision 16-a of
    2  section 400.00 of the penal law, as added by chapter 1 of  the  laws  of
    3  2013,  and paragraph (a-1) of subdivision 16-a as added by chapter 98 of
    4  the laws of 2013, are amended to read as follows:
    5    (b) All licensees shall be recertified to the division of state police
    6  every five years thereafter. Any license  issued  before  the  effective
    7  date  of  the  chapter  of the laws of two thousand thirteen which added
    8  this paragraph shall be recertified by the licensee on or before January
    9  thirty-first, two thousand eighteen, and not less than one year prior to
   10  such date, the state police shall send a notice to all  license  holders
   11  who  have not recertified by such time. Such recertification shall be in
   12  a form as approved by the superintendent of state  police,  which  shall
   13  request the license holder's name, date of birth, gender, race, residen-
   14  tial address, social security number, firearms possessed by such license
   15  holder,  email address at the option of the license holder and an affir-
   16  mation that such  license  holder  is  not  prohibited  from  possessing
   17  firearms.  The form may be in an electronic form if so designated by the
   18  superintendent of state police.  THE STATE POLICE SHALL NOT IMPOSE A FEE
   19  OR SURCHARGE ON A LICENSE HOLDER FOR RECERTIFICATION. Failure to  recer-
   20  tify  shall  act  as a revocation of such license. If the New York state
   21  police discover as a result of the recertification process that a licen-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00688-01-5
       A. 1696                             2
    1  see failed to provide a change of address, the  New  York  state  police
    2  shall not require the licensing officer to revoke such license.
    3    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
    4  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
    5  possessed  before the date of the effective date of [the] chapter ONE of
    6  the laws of two thousand thirteen [which  added  this  paragraph],  must
    7  make  an  application to register such weapon with the superintendent of
    8  state police, in the manner provided by the superintendent, or by amend-
    9  ing a license issued pursuant to this section within  one  year  of  the
   10  effective  date  of  this  subdivision  except  any weapon defined under
   11  subparagraph (vi) of paragraph (g) of subdivision twenty-two of  section
   12  265.00  of  this chapter transferred into the state may be registered at
   13  any time, provided such weapons are registered  within  thirty  days  of
   14  their  transfer  into  the state. Registration information shall include
   15  the registrant's name, date of birth, gender, race, residential address,
   16  social security number and a description of  each  weapon  being  regis-
   17  tered.  A  registration of any weapon defined under subparagraph (vi) of
   18  paragraph (g) of subdivision twenty-two of section 265.00 or  a  feeding
   19  device  as  defined  under subdivision twenty-three of section 265.00 of
   20  this chapter shall be transferable, provided that  the  seller  notifies
   21  the  state police within seventy-two hours of the transfer and the buyer
   22  provides the state police with information sufficient  to  constitute  a
   23  registration under this section. Such registration shall not be valid if
   24  such  registrant  is  prohibited or becomes prohibited from possessing a
   25  firearm pursuant to state  or  federal  law.  The  superintendent  shall
   26  determine  whether  such  registrant  is  prohibited  from  possessing a
   27  firearm under state or federal law.  Such  check  shall  be  limited  to
   28  determining  whether  the  factors  in 18 USC 922 (g) apply or whether a
   29  registrant has been convicted of a serious offense as defined in  subdi-
   30  vision [sixteen-b] SEVENTEEN of section 265.00 of this chapter, so as to
   31  prohibit such registrant from possessing a firearm, and whether a report
   32  has  been issued pursuant to section 9.46 of the mental hygiene law. All
   33  registrants shall recertify to the division of state police  every  five
   34  years  thereafter.  Failure to recertify shall result in a revocation of
   35  such registration.  THE STATE POLICE SHALL NOT IMPOSE A FEE OR SURCHARGE
   36  ON A PERSON WHO IS REGISTERING OR RECERTIFYING A WEAPON PURSUANT TO THIS
   37  SECTION.
   38    (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
   39  this  subdivision,  an owner of an assault weapon as defined in subdivi-
   40  sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
   41  retired New York or federal law enforcement officer as defined in subdi-
   42  vision  twenty-five of section 265.00 of this chapter, where such weapon
   43  was issued to or purchased by such officer prior to  retirement  and  in
   44  the course of his or her official duties, and for which such officer was
   45  qualified  by the agency that employed such officer within twelve months
   46  prior to his or her retirement, must register such weapon  within  sixty
   47  days of retirement.
   48    (b)  The  superintendent  of state police shall create and maintain an
   49  internet website to educate the public as to which semiautomatic  rifle,
   50  semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
   51  as  a  result  of  the enactment of [the] chapter ONE of the laws of two
   52  thousand thirteen [which added this paragraph], as well as such  assault
   53  weapons  which are illegal pursuant to article two hundred sixty-five of
   54  this chapter. Such website  shall  contain  information  to  assist  the
   55  public  in  recognizing the relevant features proscribed by such article
       A. 1696                             3
    1  two hundred sixty-five, as well as which make and model of weapons  that
    2  require registration.
    3    (c)  A person who knowingly fails to apply to register such weapon, as
    4  required by this section, within one year of the effective date of [the]
    5  chapter ONE of the laws of two thousand thirteen [which added this para-
    6  graph] shall be guilty of a class A  misdemeanor  and  such  person  who
    7  unknowingly  fails  to validly register such weapon within such one year
    8  period shall be given  a  warning  by  an  appropriate  law  enforcement
    9  authority  about such failure and given thirty days in which to apply to
   10  register such weapon or to surrender it. A failure to apply or surrender
   11  such weapon within such thirty-day period shall result  in  such  weapon
   12  being removed by an appropriate law enforcement authority and declared a
   13  nuisance.
   14    S 2. This act shall take effect immediately.