S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8028
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 4, 2015
                                      ___________
       Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the  penal  law,  in  relation  to  licenses  to  carry,
         possess, repair and dispose of firearms
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 3,  subdivision  4,  paragraph
    2  (a) of subdivision 5 and subdivisions 7, 9, 10, 16-a and 16-b of section
    3  400.00  of the penal law, paragraph (a) of subdivision 3, subdivision 4,
    4  paragraph (a) of subdivision 5 and subdivisions 9 and 10 as amended  and
    5  subdivisions  16-a  and  16-b as added by chapter 1 of the laws of 2013,
    6  paragraph (a-1) of subdivision 16-a as added by chapter 98 of  the  laws
    7  of 2013, are amended to read as follows:
    8    (a)  Applications  shall be made and renewed, in the case of a license
    9  to carry or possess a pistol or revolver, to the  licensing  officer  in
   10  the  city or county, as the case may be, where the applicant resides, is
   11  principally employed or has his or her principal place  of  business  as
   12  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
   13  dealer in firearms, to the licensing officer where such place  of  busi-
   14  ness  is  located.  Blank  applications shall, except in the city of New
   15  York, be approved as to form by the  [superintendent  of  state  police]
   16  DIVISION  OF  CRIMINAL  JUSTICE SERVICES. An application shall state the
   17  full name, date of birth, residence, present occupation of  each  person
   18  or individual signing the same, whether or not he or she is a citizen of
   19  the  United States, whether or not he or she complies with each require-
   20  ment for eligibility specified in subdivision one of  this  section  and
   21  such  other  facts as may be required to show the good character, compe-
   22  tency and integrity of each person or individual  signing  the  applica-
   23  tion. An application shall be signed and verified by the applicant. Each
   24  individual signing an application shall submit one photograph of himself
   25  or  herself  and  a duplicate for each required copy of the application.
   26  Such photographs shall have been  taken  within  thirty  days  prior  to
   27  filing  the  application.  In case of a license as gunsmith or dealer in
   28  firearms, the photographs submitted shall be two inches square, and  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11366-01-5
       A. 8028                             2
    1  application  shall also state the previous occupation of each individual
    2  signing the same and the location of the place of such business,  or  of
    3  the  bureau,  agency,  subagency,  office or branch office for which the
    4  license  is  sought,  specifying  the name of the city, town or village,
    5  indicating  the  street  and  number  and  otherwise  giving  such   apt
    6  description  as  to  point  out reasonably the location thereof. In such
    7  case, if the applicant is a firm, partnership or corporation, its  name,
    8  date  and  place  of formation, and principal place of business shall be
    9  stated. For such firm or partnership, the application  shall  be  signed
   10  and  verified  by  each individual composing or intending to compose the
   11  same, and for such corporation, by each officer thereof.
   12    4. Investigation. Before a license is issued or renewed,  there  shall
   13  be an investigation of all statements required in the application by the
   14  duly  constituted police authorities of the locality where such applica-
   15  tion is made, including but not limited to such records as may be acces-
   16  sible to the [division of state police or] division of criminal  justice
   17  services  pursuant  to section 400.02 of this article. For that purpose,
   18  the records of the  appropriate  office  of  the  department  of  mental
   19  hygiene  concerning  previous or present mental illness of the applicant
   20  shall be available for inspection by the investigating  officer  of  the
   21  police  authority.  In  order to ascertain any previous criminal record,
   22  the investigating officer  shall  take  the  fingerprints  and  physical
   23  descriptive  data in quadruplicate of each individual by whom the appli-
   24  cation is signed and verified. Two copies of such fingerprints shall  be
   25  taken  on  standard  fingerprint cards eight inches square, and one copy
   26  may be taken on a card supplied for that purpose by the  federal  bureau
   27  of  investigation;  provided,  however,  that in the case of a corporate
   28  applicant that has already been issued a dealer in firearms license  and
   29  seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
   30  location, the original fingerprints on file may be used to ascertain any
   31  criminal record in the second or subsequent application  unless  any  of
   32  the  corporate  officers  have  changed  since the prior application, in
   33  which case the  new  corporate  officer  shall  comply  with  procedures
   34  governing  an  initial application for such license. When completed, one
   35  standard card shall be forwarded to and  retained  by  the  division  of
   36  criminal  justice  services  in  the  executive department, at Albany. A
   37  search of the files of such division and  written  notification  of  the
   38  results of the search to the investigating officer shall be made without
   39  unnecessary  delay. Thereafter, such division shall notify the licensing
   40  officer and the executive department, division of state police,  Albany,
   41  of  any criminal record of the applicant filed therein subsequent to the
   42  search of its files. A second standard card, or the one supplied by  the
   43  federal  bureau of investigation, as the case may be, shall be forwarded
   44  to that bureau at Washington with a request that the files of the bureau
   45  be searched and notification of the results of the search be made to the
   46  investigating police authority. Of the remaining two fingerprint  cards,
   47  one  shall  be  filed  with the executive department, division of [state
   48  police] CRIMINAL JUSTICE SERVICES, Albany, within ten days  after  issu-
   49  ance of the license, and the other remain on file with the investigating
   50  police  authority.  No  such fingerprints may be inspected by any person
   51  other than a peace officer,  who  is  acting  pursuant  to  his  special
   52  duties,  or a police officer, except on order of a judge or justice of a
   53  court of record either upon notice to the licensee or without notice, as
   54  the judge or justice may deem appropriate. Upon completion of the inves-
   55  tigation, the police authority shall report the results to the licensing
   56  officer without unnecessary delay.
       A. 8028                             3
    1    (a) The application for any license, if granted, shall be filed by the
    2  licensing officer with the clerk of the county of issuance, except  that
    3  in  the city of New York and, in the counties of Nassau and Suffolk, the
    4  licensing officer shall designate the place of filing in the appropriate
    5  division,  bureau  or  unit of the police department thereof, and in the
    6  county of Suffolk the county clerk is hereby authorized to transfer  all
    7  records  or applications relating to firearms to the licensing authority
    8  of that county. Except as provided in paragraphs (b) through (f) of this
    9  subdivision, the name and address of any person to whom  an  application
   10  for any license has been granted shall be a public record. Upon applica-
   11  tion  by  a licensee who has changed his place of residence such records
   12  or applications shall be transferred to the appropriate officer  at  the
   13  licensee's  new place of residence. A duplicate copy of such application
   14  shall be filed by the licensing officer  in  the  executive  department,
   15  division of [state police] CRIMINAL JUSTICE SERVICES, Albany, within ten
   16  days after issuance of the license. The [superintendent of state police]
   17  DIVISION  OF  CRIMINAL JUSTICE SERVICES may designate that such applica-
   18  tion shall be transmitted to the division  of  [state  police]  CRIMINAL
   19  JUSTICE SERVICES electronically. In the event the [superintendent of the
   20  division  of  state police] DIVISION OF CRIMINAL JUSTICE SERVICES deter-
   21  mines that it lacks any of the records required to  be  filed  with  the
   22  division,  it  may  request  that  such records be provided to it by the
   23  appropriate clerk, department or authority and such clerk, department or
   24  authority shall provide the division with such  records.  In  the  event
   25  such  clerk, department or authority lacks such records, the division OF
   26  CRIMINAL JUSTICE SERVICES may request the license holder provide  infor-
   27  mation  sufficient  to  constitute  such  record and such license holder
   28  shall provide the division with such information. Such information shall
   29  be limited to the license holder's name, date of  birth,  gender,  race,
   30  residential  address,  social  security number and firearms possessed by
   31  said license holder. Nothing in this subdivision shall be  construed  to
   32  change  the  expiration  date  or  term  of  such  licenses if otherwise
   33  provided for in law. Records assembled  or  collected  for  purposes  of
   34  inclusion  in the database established by this section shall be released
   35  pursuant to a court order. Records assembled or collected  for  purposes
   36  of  inclusion in the database created pursuant to section 400.02 of this
   37  chapter shall not be subject to disclosure pursuant to  article  six  of
   38  the public officers law.
   39    7.  License:  form. Any license issued pursuant to this section shall,
   40  except in the city of New York, be approved as to form  by  the  [super-
   41  intendent  of  state  police]  DIVISION  OF CRIMINAL JUSTICE SERVICES. A
   42  license to carry or possess a pistol or revolver shall have attached the
   43  licensee's photograph, and a coupon which shall be removed and  retained
   44  by any person disposing of a firearm to the licensee. Such license shall
   45  specify  the weapon covered by calibre, make, model, manufacturer's name
   46  and serial number, or if none, by any  other  distinguishing  number  or
   47  identification  mark,  and shall indicate whether issued to carry on the
   48  person or possess on the premises, and if on  the  premises  shall  also
   49  specify  the  place  where  the licensee shall possess the same. If such
   50  license is issued to an alien, or to a  person  not  a  citizen  of  and
   51  usually  a  resident  in the state, the licensing officer shall state in
   52  the license the particular reason for the issuance and the names of  the
   53  persons  certifying  to the good character of the applicant. Any license
   54  as gunsmith or dealer in firearms shall mention and describe  the  prem-
   55  ises for which it is issued and shall be valid only for such premises.
       A. 8028                             4
    1    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
    2  person licensed to carry or possess a pistol or revolver  may  apply  at
    3  any  time  to  his  or her licensing officer for amendment of his or her
    4  license to include one or more such weapons or to  cancel  weapons  held
    5  under  license.  If  granted,  a  record of the amendment describing the
    6  weapons involved shall be filed by the licensing officer in  the  execu-
    7  tive  department,  division of [state police] CRIMINAL JUSTICE SERVICES,
    8  Albany. The  [superintendent  of  state  police]  DIVISION  OF  CRIMINAL
    9  JUSTICE  SERVICES  may  authorize  that  such amendment be completed and
   10  transmitted to the [state police] DIVISION in electronic form.   Notifi-
   11  cation of any change of residence shall be made in writing by any licen-
   12  see  within  ten  days  after  such  change occurs, and a record of such
   13  change shall be inscribed by such licensee on the reverse side of his or
   14  her license. Elsewhere than in the city of New York, and in the counties
   15  of Nassau and Suffolk, such notification shall be made to the  executive
   16  department,  division of [state police] CRIMINAL JUSTICE SERVICES, Alba-
   17  ny, and in the city of New York to the police commissioner of that city,
   18  and in the county of Nassau to the police commissioner of  that  county,
   19  and  in  the  county of Suffolk to the licensing officer of that county,
   20  who shall, within ten days after such notification shall be received  by
   21  him  or  her,  give  notice  in  writing of such change to the executive
   22  department, division of [state police]  CRIMINAL  JUSTICE  SERVICES,  at
   23  Albany.
   24    10.  License:  expiration,  certification and renewal. (a) Any license
   25  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
   26  license  to  carry  or  possess a pistol or revolver, issued at any time
   27  pursuant to this section or prior to the first  day  of  July,  nineteen
   28  hundred  sixty-three  and not limited to expire on an earlier date fixed
   29  in the license, shall expire not more than three years after the date of
   30  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
   31  license  to  carry  or  possess a pistol or revolver, issued at any time
   32  pursuant to this section or prior to the first  day  of  July,  nineteen
   33  hundred  sixty-three  and not limited to expire on an earlier date fixed
   34  in the license, shall expire not more than five years after the date  of
   35  issuance;  however, in the county of Westchester, any such license shall
   36  be certified prior to the first day of April, two thousand,  in  accord-
   37  ance  with  a schedule to be contained in regulations promulgated by the
   38  commissioner of the division of criminal  justice  services,  and  every
   39  such  license  shall  be  recertified  every  five years thereafter. For
   40  purposes of this section certification  shall  mean  that  the  licensee
   41  shall  provide  to the licensing officer the following information only:
   42  current name, date of birth, current address, and the make, model, cali-
   43  ber and serial number of all firearms currently possessed. Such  certif-
   44  ication  information shall be filed by the licensing officer in the same
   45  manner as an amendment. Elsewhere than in the city of New York  and  the
   46  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
   47  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
   48  section  or prior to the first day of July, nineteen hundred sixty-three
   49  and not previously revoked or cancelled, shall be in  force  and  effect
   50  until  revoked  as herein provided. Any license not previously cancelled
   51  or revoked shall remain in full force and effect for thirty days  beyond
   52  the  stated  expiration date on such license. Any application to renew a
   53  license that has not previously expired, been revoked or cancelled shall
   54  thereby extend the term of the license until disposition of the applica-
   55  tion by the licensing officer. In the case of a license for gunsmith  or
   56  dealer  in  firearms,  in  counties having a population of less than two
       A. 8028                             5
    1  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    2  submitted  on  original applications and upon renewal thereafter only at
    3  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
    4  original  license has been despoiled, lost or otherwise removed from the
    5  possession of the licensee and upon application containing an additional
    6  photograph of the licensee, the licensing officer shall issue  a  dupli-
    7  cate license.
    8    (b)  All  licensees  shall  be  recertified  to the [division of state
    9  police] LICENSING OFFICER  every  five  years  thereafter.  Any  license
   10  issued before the effective date of [the] chapter ONE of the laws of two
   11  thousand  thirteen  [which added this paragraph] shall be recertified by
   12  the licensee on or before January thirty-first, two  thousand  eighteen,
   13  and  not less than one year prior to such date, the [state police] DIVI-
   14  SION OF CRIMINAL JUSTICE SERVICES shall send a  notice  to  all  license
   15  holders  who  have  not  recertified by such time. [Such recertification
   16  shall be in a form as approved by the superintendent  of  state  police,
   17  which  shall  request  the license holder's name, date of birth, gender,
   18  race, residential address, social security number, firearms possessed by
   19  such license holder, email address at the option of the  license  holder
   20  and  an  affirmation  that  such  license  holder is not prohibited from
   21  possessing firearms.] RECERTIFICATION SHALL CONTAIN THE INFORMATION  AND
   22  SHALL BE IN THE FORM SET FORTH HEREINBELOW:
   23                               RECERTIFICATION
   24  1. NAME ________________________________________________________________
   25  2. DATE OF BIRTH _______________________________________________________
   26  3. GENDER ______________________________________________________________
   27  4. RACE ________________________________________________________________
   28  5. RESIDENTIAL ADDRESS _________________________________________________
   29  ________________________________________________________________________
   30  ________________________________________________________________________
   31  6. SOCIAL SECURITY NUMBER ______________________________________________
   32  7. EMAIL ADDRESS (OPTIONAL) ____________________________________________
   33  8. LIST ALL FIREARMS POSSESSED ON LICENSE: _____________________________
   34  ________________________________________________________________________
   35  ________________________________________________________________________
   36  ________________________________________________________________________
   37  ________________________________________________________________________
   38  UPON  RECEIPT OF THE COMPLETED RECERTIFICATION FORM, THE LICENSING OFFI-
   39  CER WILL COMPARE THE INFORMATION PROVIDED  WITH  THE  INFORMATION  MAIN-
   40  TAINED  BY  THE  LICENSING OFFICER FOR SUCH LICENSE HOLDER, AND PROMPTLY
   41  NOTIFY THE LICENSE HOLDER OF  ANY  DISCREPANCIES  THAT  MAY  EXIST,  AND
   42  PROVIDE INSTRUCTION AS TO APPLYING FOR AN AMENDMENT PURSUANT TO SUBDIVI-
   43  SION NINE THIS SECTION. AFTER THE RESOLUTION OF ANY PENDING APPLICATIONS
   44  FOR  AMENDMENTS, THE LICENSING OFFICER SHALL RETAIN A COPY OF THE RECER-
   45  TIFICATION AND A COPY SHALL BE FILED BY THE  LICENSING  OFFICER  IN  THE
   46  EXECUTIVE  DEPARTMENT,  DIVISION  OF  CRIMINAL JUSTICE SERVICES, ALBANY,
       A. 8028                             6
    1  WITHIN TEN DAYS. The form may be in an electronic form if so  designated
    2  by  the  [superintendent  of  state police] DIVISION OF CRIMINAL JUSTICE
    3  SERVICES. Failure to  recertify  shall  act  as  a  revocation  of  such
    4  license.  If  the  [New  York state police] DIVISION SHALL discover as a
    5  result of the recertification process that a licensee failed to  provide
    6  a  change  of  address, the [New York state police] DIVISION OF CRIMINAL
    7  JUSTICE SERVICES shall not require the licensing officer to revoke  such
    8  license.
    9    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
   10  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
   11  possessed  before the date of the effective date of [the] chapter ONE of
   12  the laws of two thousand thirteen [which  added  this  paragraph],  must
   13  make  an application to register such weapon with the [superintendent of
   14  state police] DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  in  the  manner
   15  provided  by the [superintendent] DIVISION OF CRIMINAL JUSTICE SERVICES,
   16  or by amending a license issued pursuant to this section within one year
   17  of the effective date of this  subdivision  except  any  weapon  defined
   18  under  subparagraph  (vi)  of paragraph (g) of subdivision twenty-two of
   19  section 265.00 of this chapter transferred into the state may be  regis-
   20  tered  at  any  time, provided such weapons are registered within thirty
   21  days of their transfer into the state.  Registration  information  shall
   22  include  the registrant's name, date of birth, gender, race, residential
   23  address, social security number and a description of each  weapon  being
   24  registered. A registration of any weapon defined under subparagraph (vi)
   25  of  paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
   26  ing device as defined under subdivision twenty-three of  section  265.00
   27  of this chapter shall be transferable, provided that the seller notifies
   28  the  [state  police] DIVISION OF CRIMINAL JUSTICE SERVICES within seven-
   29  ty-two hours of the transfer and the buyer provides the  [state  police]
   30  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES with information sufficient to
   31  constitute a registration under this section.  Such  registration  shall
   32  not be valid if such registrant is prohibited or becomes prohibited from
   33  possessing  a firearm pursuant to state or federal law. The [superinten-
   34  dent] DIVISION OF CRIMINAL JUSTICE SERVICES shall determine whether such
   35  registrant is prohibited from possessing a firearm under state or feder-
   36  al law. Such check shall be limited to determining whether  the  factors
   37  in  18 USC 922 (g) apply or whether a registrant has been convicted of a
   38  serious offense as  defined  in  subdivision  [sixteen-b]  SEVENTEEN  of
   39  section  265.00  of this chapter, so as to prohibit such registrant from
   40  possessing a firearm, and whether a report has been issued  pursuant  to
   41  section  9.46 of the mental hygiene law. All registrants shall recertify
   42  to the division of [state police] CRIMINAL JUSTICE SERVICES  every  five
   43  years  thereafter.  Failure to recertify shall result in a revocation of
   44  such registration.
   45    (a-1) Notwithstanding any inconsistent  provisions  of  paragraph  (A)
   46  OFthis subdivision, an owner of an assault weapon as defined in subdivi-
   47  sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
   48  retired New York or federal law enforcement officer as defined in subdi-
   49  vision twenty-five of section 265.00 of this chapter, where such  weapon
   50  was  issued  to  or purchased by such officer prior to retirement and in
   51  the course of his or her official duties, and for which such officer was
   52  qualified by the agency that employed such officer within twelve  months
   53  prior  to  his or her retirement, must register such weapon within sixty
   54  days of retirement.
   55    (b) The [superintendent of state police] DIVISION OF CRIMINAL  JUSTICE
   56  SERVICES  shall  create  and maintain an internet website to educate the
       A. 8028                             7
    1  public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
    2  tomatic pistol or weapon that are illegal as a result of  the  enactment
    3  of  [the]  chapter ONE of the laws of two thousand thirteen [which added
    4  this  paragraph],  as  well  as  such  assault weapons which are illegal
    5  pursuant to article two hundred sixty-five of this chapter. Such website
    6  shall contain information to assist the public in recognizing the  rele-
    7  vant features proscribed by such article two hundred sixty-five, as well
    8  as which make and model of weapons that require registration.
    9    (c)  A person who knowingly fails to apply to register such weapon, as
   10  required by this section, within one year of the effective date of [the]
   11  chapter ONE of the laws of two thousand thirteen [which added this para-
   12  graph] shall be guilty of a class A  misdemeanor  and  such  person  who
   13  unknowingly  fails  to validly register such weapon within such one year
   14  period shall be given  a  warning  by  an  appropriate  law  enforcement
   15  authority  about such failure and given thirty days in which to apply to
   16  register such weapon or to surrender it. A failure to apply or surrender
   17  such weapon within such thirty-day period shall result  in  such  weapon
   18  being removed by an appropriate law enforcement authority and declared a
   19  nuisance.
   20    16-b.  The cost of the software, programming and interface required to
   21  transmit any record that must be electronically transmitted by the deal-
   22  er or licensing officer to  the  division  of  [state  police]  CRIMINAL
   23  JUSTICE  SERVICES, AND ANY COST BORNE BY THE LICENSING OFFICER TO ADMIN-
   24  ISTER OR MAINTAIN RECORDS RELATED TO THE RECERTIFICATION PROCESS BY  THE
   25  LICENSING  OFFICER,  BOTH pursuant to this chapter shall be borne by the
   26  state.
   27    S 2. Section 400.02 of the penal law, as added by  chapter  1  of  the
   28  laws of 2013, is amended to read as follows:
   29  S 400.02 Statewide license and record database.
   30    There  shall be a statewide license and record database which shall be
   31  created and maintained  by  the  division  of  [state  police]  CRIMINAL
   32  JUSTICE  SERVICES  the  cost  of which shall not be borne by any munici-
   33  pality. Records assembled or collected for purposes of inclusion in such
   34  database shall not be subject to disclosure pursuant to article  six  of
   35  the public officers law. Records containing granted license applications
   36  shall  be  periodically  checked  by  the  division  of criminal justice
   37  services against criminal  conviction,  mental  health,  and  all  other
   38  records  as  are necessary to determine their continued accuracy as well
   39  as whether an individual is no longer a valid license holder. The  divi-
   40  sion  of criminal justice services shall also check pending applications
   41  made pursuant to this article against such records to determine  whether
   42  a  license  may  be granted. All state agencies shall cooperate with the
   43  division of criminal justice services, as otherwise authorized  by  law,
   44  in making their records available for such checks. The division of crim-
   45  inal justice services, upon determining that an individual is ineligible
   46  to  possess  a  license,  or  is no longer a valid license holder, shall
   47  notify the applicable licensing official of such determination and  such
   48  licensing  official shall not issue a license or revoke such license and
   49  any weapons owned or possessed  by  such  individual  shall  be  removed
   50  consistent  with  the provisions of subdivision eleven of section 400.00
   51  of this article. Local and state law enforcement shall  have  access  to
   52  such  database,  as  otherwise  authorized by law, in the performance of
   53  their duties. Records assembled or collected for purposes  of  inclusion
   54  in  the  database established by this section shall be released pursuant
   55  to a court order.
   56    S 3. This act shall take effect immediately.