S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7092
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2015
                                      ___________
       Introduced  by M. of A. OAKS, KOLB, HAWLEY, PALMESANO, SALADINO, WALTER,
         NOJAY, FINCH, FRIEND, DiPIETRO --  Multi-Sponsored  by  --  M.  of  A.
         BARCLAY,  CROUCH,  GIGLIO,  LALOR,  McDONOUGH,  McLAUGHLIN, MONTESANO,
         STEC, TENNEY -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to  a  license  to  carry  or
         possess a firearm
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 265.00 of the penal law is amended by adding a  new
    2  subdivision 10-a to read as follows:
    3    10-A.  "FILING  OFFICER" MEANS THE COUNTY CLERK OF EACH COUNTY, UNLESS
    4  OTHERWISE SPECIFIED THROUGH RESOLUTION BY THE COUNTY'S LEGISLATIVE BODY.
    5    S 2. Subdivisions 9, 10, 13 and 14 of section 400.00 of the penal law,
    6  subdivisions 9 and 10 as amended by chapter 1 of the laws  of  2013  and
    7  subdivision  14  as  amended  by  chapter  195  of the laws of 2005, are
    8  amended to read as follows:
    9    9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
   10  person  licensed  to  carry or possess a pistol or revolver may apply at
   11  any time to [his or her licensing] THE FILING officer for  amendment  of
   12  his  or  her  license  to  include one or more such weapons or to cancel
   13  weapons held under license. [If granted, a] A record  of  the  amendment
   14  describing  the weapons involved shall be filed by the licensing officer
   15  in the executive department,  division  of  state  police,  Albany.  The
   16  superintendent  of  state  police  may  authorize that such amendment be
   17  completed and transmitted  to  the  state  police  in  electronic  form.
   18  Notification  of any change of residence shall be made in writing by any
   19  licensee within ten days after such change occurs, and a record of  such
   20  change shall be inscribed by such licensee on the reverse side of his or
   21  her license. Elsewhere than in the city of New York, and in the counties
   22  of  Nassau and Suffolk, such notification shall be made to the executive
   23  department, division of state police, Albany, and in  the  city  of  New
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05923-01-5
       A. 7092                             2
    1  York  to  the  police  commissioner  of  that city, and in the county of
    2  Nassau to the police commissioner of that county, and in the  county  of
    3  Suffolk  to  the  [licensing]  FILING officer of that county, who shall,
    4  within ten days after such notification shall be received by him or her,
    5  give notice in writing of such change to the executive department, divi-
    6  sion of state police, at Albany.
    7    10.  License:  expiration,  certification and renewal. (a) Any license
    8  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    9  license  to  carry  or  possess a pistol or revolver, issued at any time
   10  pursuant to this section or prior to the first  day  of  July,  nineteen
   11  hundred  sixty-three  and not limited to expire on an earlier date fixed
   12  in the license, shall expire not more than three years after the date of
   13  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
   14  license  to  carry  or  possess a pistol or revolver, issued at any time
   15  pursuant to this section or prior to the first  day  of  July,  nineteen
   16  hundred  sixty-three  and not limited to expire on an earlier date fixed
   17  in the license, shall expire not more than five years after the date  of
   18  issuance;  however, in the county of Westchester, any such license shall
   19  be certified prior to the first day of April, two thousand,  in  accord-
   20  ance  with  a schedule to be contained in regulations promulgated by the
   21  commissioner of the division of criminal  justice  services,  and  every
   22  such  license  shall  be  recertified  every  five years thereafter. For
   23  purposes of this section certification  shall  mean  that  the  licensee
   24  shall  provide  to the licensing officer the following information only:
   25  current name, date of birth, current address, and the make, model, cali-
   26  ber and serial number of all firearms currently possessed. Such  certif-
   27  ication  information shall be filed by the licensing officer in the same
   28  manner as an amendment. Elsewhere than in the city of New York  and  the
   29  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
   30  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
   31  section  or prior to the first day of July, nineteen hundred sixty-three
   32  and not previously revoked or cancelled, shall be in  force  and  effect
   33  until  revoked  as herein provided. Any license not previously cancelled
   34  or revoked shall remain in full force and effect for thirty days  beyond
   35  the  stated  expiration date on such license. Any application to renew a
   36  license that has not previously expired, been revoked or cancelled shall
   37  thereby extend the term of the license until disposition of the applica-
   38  tion by the [licensing] FILING officer. In the case  of  a  license  for
   39  gunsmith  or dealer in firearms, in counties having a population of less
   40  than two hundred  thousand  inhabitants,  photographs  and  fingerprints
   41  shall  be submitted on original applications and upon renewal thereafter
   42  only at six year intervals. Upon satisfactory  proof  that  a  currently
   43  valid  original  license  has  been despoiled, lost or otherwise removed
   44  from the possession of the licensee and upon application  containing  an
   45  additional  photograph  of  the licensee, the [licensing] FILING officer
   46  shall issue a duplicate license.
   47    (b) All licensees shall be recertified to the division of state police
   48  every five years thereafter. Any license  issued  before  the  effective
   49  date  of  the  chapter  of the laws of two thousand thirteen which added
   50  this paragraph shall be recertified by the licensee on or before January
   51  thirty-first, two thousand eighteen, and not less than one year prior to
   52  such date, the state police shall send a notice to all  license  holders
   53  who  have not recertified by such time. Such recertification shall be in
   54  a form as approved by the superintendent of state  police,  which  shall
   55  request the license holder's name, date of birth, gender, race, residen-
   56  tial address, social security number, firearms possessed by such license
       A. 7092                             3
    1  holder,  email address at the option of the license holder and an affir-
    2  mation that such  license  holder  is  not  prohibited  from  possessing
    3  firearms.  The form may be in an electronic form if so designated by the
    4  superintendent  of  state  police.  Failure  to recertify shall act as a
    5  revocation of such license. If the New York state police discover  as  a
    6  result  of the recertification process that a licensee failed to provide
    7  a change of address, the New York state police  shall  not  require  the
    8  [licensing] FILING officer to revoke such license.
    9    13.  Expenses.  The  expense of providing a [licensing] FILING officer
   10  with blank applications, licenses and record books for carrying out  the
   11  provisions  of this section shall be a charge against the county, and in
   12  the city of New York against the city.
   13    14. Fees. In the city of New York and the county of Nassau, the annual
   14  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
   15  for dealers in firearms. In such city, the city council and in the coun-
   16  ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
   17  for  a  license to carry or possess a pistol or revolver and provide for
   18  the disposition of such fees. Elsewhere in the  state,  the  [licensing]
   19  FILING  officer  shall  collect  and  pay  into  the county treasury the
   20  following fees: for each license to carry or possess a pistol or  revol-
   21  ver,  not  less  than  three dollars nor more than ten dollars as may be
   22  determined by the legislative body of the  county;  for  each  amendment
   23  thereto,  three  dollars, and five dollars in the county of Suffolk; and
   24  for each license issued  to  a  gunsmith  or  dealer  in  firearms,  ten
   25  dollars.  The fee for a duplicate license shall be five dollars. The fee
   26  for processing  a  license  transfer  between  counties  shall  be  five
   27  dollars. The fee for processing a license or renewal thereof for a qual-
   28  ified retired police officer as defined under subdivision thirty-four of
   29  section 1.20 of the criminal procedure law, or a qualified retired sher-
   30  iff,  undersheriff, or deputy sheriff of the city of New York as defined
   31  under subdivision two of section 2.10 of the criminal procedure law,  or
   32  a qualified retired bridge and tunnel officer, sergeant or lieutenant of
   33  the  triborough bridge and tunnel authority as defined under subdivision
   34  twenty of section 2.10 of the criminal procedure  law,  or  a  qualified
   35  retired uniformed court officer in the unified court system, or a quali-
   36  fied  retired  court  clerk in the unified court system in the first and
   37  second judicial departments, as defined in paragraphs a and b of  subdi-
   38  vision  twenty-one  of  section  2.10 of the criminal procedure law or a
   39  retired correction officer as  defined  in  subdivision  twenty-five  of
   40  section  2.10 of the criminal procedure law shall be waived in all coun-
   41  ties throughout the state.
   42    S 3. This act shall take effect immediately.