S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8196
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 11, 2015
                                      ___________
       Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to amend the penal law, in relation to authorizing the transfer
         of certain weapons from an  estate  to  an  immediate  member  of  the
         decedent's  family;  to amend the penal law, in relation to the filing
         of approved applications for licenses to carry,  possess,  repair  and
         dispose  of  firearms; to amend the mental hygiene law, in relation to
         reports of substantial risk or threat of harm by mental health profes-
         sionals; to amend the penal law, in relation  to  licenses  to  carry,
         possess,  repair and dispose of firearms; and to repeal section 400.03
         of the penal law relating to sellers of ammunition
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 400.03 of the penal law is REPEALED.
    2    S  2.  Paragraph  (g) of subdivision 22 of section 265.00 of the penal
    3  law is amended by adding a new subparagraph (vii) to read as follows:
    4    (VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT  TO
    5  SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
    6  PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN  IMMEDI-
    7  ATE  FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
    8  PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR  PURPOSES  OF  THIS
    9  SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
   10  SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
   11  BUSINESS LAW;
   12    S  3.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
   13  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
   14  follows:
   15    (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
   16  and  any  large  capacity  ammunition  feeding  device  that was legally
   17  possessed by an individual prior to the enactment of the chapter of  the
   18  laws  of  two  thousand thirteen which added this paragraph, may only be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11506-01-5
       A. 8196                             2
    1  sold to, exchanged with or disposed of  to  a  purchaser  authorized  to
    2  possess  such weapons or to an individual or entity outside of the state
    3  provided that any such transfer to an individual or  entity  outside  of
    4  the  state  must  be reported to the entity wherein the weapon is regis-
    5  tered within seventy-two hours  of  such  transfer.  An  individual  who
    6  transfers  any  such  weapon  or  large capacity ammunition device to an
    7  individual  inside  New  York  state  or  without  complying  with   the
    8  provisions  of  this  paragraph shall be guilty of a class A misdemeanor
    9  unless such large capacity ammunition feeding device, the possession  of
   10  which  is  made illegal by the chapter of the laws of two thousand thir-
   11  teen which added this paragraph, is transferred within one year  of  the
   12  effective date of the chapter of the laws of two thousand thirteen which
   13  added this paragraph.
   14    (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
   15  GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F)  OF  THIS  SUBDIVISION
   16  THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
   17  TO  HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
   18  TO ONE OF HIS OR HER IMMEDIATE FAMILY  MEMBERS.  FOR  PURPOSES  OF  THIS
   19  SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
   20  SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
   21  BUSINESS LAW.
   22    S  4.  Subdivision 5 of section 400.00 of the penal law, as amended by
   23  chapter 1 of the laws of 2013, is amended to read as follows:
   24    5. Filing of approved applications.  [(a)]  The  application  for  any
   25  license,  if  granted,  shall be filed by the licensing officer with the
   26  clerk of the county of issuance, except that in the  city  of  New  York
   27  and,  in the counties of Nassau and Suffolk, the licensing officer shall
   28  designate the place of filing in the  appropriate  division,  bureau  or
   29  unit  of the police department thereof, and in the county of Suffolk the
   30  county clerk is hereby authorized to transfer all  records  or  applica-
   31  tions  relating  to  firearms to the licensing authority of that county.
   32  [Except as provided in paragraphs (b) through (f) of  this  subdivision,
   33  the  name  and  address]  THE  APPLICATION  AND  ANY SUPPORTING RECORDS,
   34  INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person  to  whom  an
   35  application  for  any  license  has  been  granted shall NOT be a public
   36  record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
   37  THE PUBLIC OFFICERS LAW. Upon application by a licensee who has  changed
   38  his  OR  HER  place  of  residence such records or applications shall be
   39  transferred to the appropriate officer at the licensee's  new  place  of
   40  residence.  A  duplicate  copy of such application shall be filed by the
   41  licensing officer  in  the  executive  department,  division  of  [state
   42  police]  CRIMINAL  JUSTICE SERVICES, Albany, within ten days after issu-
   43  ance of the license. The [superintendent] COMMISSIONER of [state police]
   44  CRIMINAL JUSTICE SERVICES may designate that such application  shall  be
   45  transmitted  to the division of [state police] CRIMINAL JUSTICE SERVICES
   46  electronically. In the event the [superintendent]  COMMISSIONER  of  the
   47  division  of [state police] CRIMINAL JUSTICE SERVICES determines that it
   48  lacks any of the records required to be filed with the division, it  may
   49  request  that  such  records be provided to it by the appropriate clerk,
   50  department or authority and such clerk, department  or  authority  shall
   51  provide the division with such records. In the event such clerk, depart-
   52  ment  or  authority  lacks  such  records,  the division may request the
   53  license holder provide information sufficient to constitute such  record
   54  and  such  license  holder shall provide the division with such informa-
   55  tion. Such information shall be limited to the  license  holder's  name,
   56  date of birth, gender, race, residential address, social security number
       A. 8196                             3
    1  and  firearms possessed by said license holder. Nothing in this subdivi-
    2  sion shall be construed to change the expiration date or  term  of  such
    3  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    4  collected  for purposes of inclusion in the database established by this
    5  section shall be released pursuant to a court order.  Records  assembled
    6  or  collected for purposes of inclusion in the database created pursuant
    7  to section 400.02 of this [chapter] ARTICLE  shall  not  be  subject  to
    8  disclosure  pursuant  to  article  six of the public officers law EXCEPT
    9  THAT THE TOTAL NUMBER OF PERSONS REGISTERED IN ANY COUNTY OF  THE  STATE
   10  MAY  BE  DISCLOSED  WITHOUT  ANY  OTHER  IDENTIFYING INFORMATION ABOUT A
   11  REGISTRANT.
   12    [(b) Each application for a license pursuant to paragraph (a) of  this
   13  subdivision  shall  include,  on a separate written form prepared by the
   14  division of state police within thirty days of the effective date of the
   15  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
   16  section,  and provided to the applicant at the same time and in the same
   17  manner as the application for a license, an opportunity for  the  appli-
   18  cant  to  request  an  exception from his or her application information
   19  becoming public record pursuant to paragraph (a)  of  this  subdivision.
   20  Such  forms,  which  shall also be made available to individuals who had
   21  applied for or been granted a license prior to the effective date of the
   22  chapter of the laws of two thousand thirteen which amended this section,
   23  shall notify applicants that, upon discovery that an applicant knowingly
   24  provided false information, such applicant may be subject  to  penalties
   25  pursuant to section 175.30 of this chapter, and further, that his or her
   26  request  for  an exception shall be null and void, provided that written
   27  notice containing such  determination  is  provided  to  the  applicant.
   28  Further, such forms shall provide each applicant an opportunity to spec-
   29  ify  the  grounds  on  which  he  or she believes his or her application
   30  information should not be publicly disclosed. These grounds, which shall
   31  be identified on the application with a box beside each for checking, as
   32  applicable, by the applicant, shall be as follows:
   33    (i) the applicant's life or safety may  be  endangered  by  disclosure
   34  because:
   35    (A)  the applicant is an active or retired police officer, peace offi-
   36  cer, probation officer, parole officer, or corrections officer;
   37    (B) the applicant is a protected person under a currently valid  order
   38  of protection;
   39    (C) the applicant is or was a witness in a criminal proceeding involv-
   40  ing a criminal charge;
   41    (D)  the  applicant  is  participating or previously participated as a
   42  juror in a criminal proceeding, or is or was a member of a  grand  jury;
   43  or
   44    (E) the applicant is a spouse, domestic partner or household member of
   45  a  person  identified  in this subparagraph or subparagraph (ii) of this
   46  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
   47  apply.
   48    (ii) the applicant has reason to believe his or her life or safety may
   49  be endangered by disclosure due to reasons stated by the applicant.
   50    (iii)  the applicant has reason to believe he or she may be subject to
   51  unwarranted harassment upon disclosure of such information.
   52    (c) Each form provided for recertification pursuant to  paragraph  (b)
   53  of  subdivision ten of this section shall include an opportunity for the
   54  applicant to request an exception from the information provided on  such
   55  form  becoming  public record pursuant to paragraph (a) of this subdivi-
   56  sion. Such forms shall notify applicants that, upon  discovery  that  an
       A. 8196                             4
    1  applicant  knowingly  provided  false information, such applicant may be
    2  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    3  further,  that  his  or  her  request for an exception shall be null and
    4  void,  provided  that  written  notice  containing such determination is
    5  provided to the applicant. Further, such forms shall provide each appli-
    6  cant an opportunity to either decline to request the grant or  continua-
    7  tion of an exception, or specify the grounds on which he or she believes
    8  his  or her information should not be publicly disclosed. These grounds,
    9  which shall be identified in the application with a box beside each  for
   10  checking, as applicable, by the applicant, shall be the same as provided
   11  in paragraph (b) of this subdivision.
   12    (d)  Information  submitted on the forms described in paragraph (b) of
   13  this subdivision shall be excepted from disclosure and maintained by the
   14  entity retaining such information separate  and  apart  from  all  other
   15  records.
   16    (e)  (i)  Upon  receiving a request for exception from disclosure, the
   17  licensing officer shall grant such  exception,  unless  the  request  is
   18  determined to be null and void, pursuant to paragraph (b) or (c) of this
   19  subdivision.
   20    (ii)  A  request  for an exception from disclosure may be submitted at
   21  any time, including after a license or recertification has been granted.
   22    (iii) If an exception is sought and granted pursuant to paragraph  (b)
   23  of  this  subdivision,  the  application information shall not be public
   24  record, unless the request is determined to be  null  and  void.  If  an
   25  exception is sought and granted pursuant to paragraph (c) of this subdi-
   26  vision,  the  information  concerning  such  recertification application
   27  shall not be public record, unless the request is determined to be  null
   28  and void.
   29    (f) The information of licensees or applicants for a license shall not
   30  be  disclosed  to  the  public  during the first one hundred twenty days
   31  following the effective date of the chapter of the laws of two  thousand
   32  thirteen, which amended this section. After such period, the information
   33  of  those  who  had  applied  for or been granted a license prior to the
   34  preparation of the form for requesting an exception, pursuant  to  para-
   35  graph  (b) of this subdivision, may be released only if such individuals
   36  did not file a request for such an exception during the first sixty days
   37  following such  preparation;  provided,  however,  that  no  information
   38  contained  in  an  application for licensure or recertification shall be
   39  disclosed by an entity  that  has  not  completed  processing  any  such
   40  requests received during such sixty days.
   41    (g)  If  a  request for an exception is determined to be null and void
   42  pursuant to paragraph (b) or (c) of this subdivision, an  applicant  may
   43  request  review  of such determination pursuant to article seventy-eight
   44  of the civil practice laws and  rules.  Such  proceeding  must  commence
   45  within  thirty  days  after service of the written notice containing the
   46  adverse determination. Notice of the right to commence such a  petition,
   47  and  the  time  period  therefor, shall be included in the notice of the
   48  determination. Disclosure following such a petition shall  not  be  made
   49  prior to the disposition of such review.]
   50    S  5. Section 9.46 of the mental hygiene law, as added by chapter 1 of
   51  the laws of 2013, is amended to read as follows:
   52  S 9.46 Reports of substantial risk or threat of harm  by  mental  health
   53           professionals.
   54    (a)  For  purposes  of  this  section, the term "mental health profes-
   55  sional" shall include a physician,  psychologist,  registered  nurse  or
   56  licensed clinical social worker.
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    1    (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
    2  health professional currently providing treatment services to  a  person
    3  determines,  in  the  exercise of reasonable professional judgment, that
    4  such person is likely to engage in conduct that would result in  serious
    5  harm  to  self or others, he or she shall be required to report, as soon
    6  as practicable, to the director of community services, or the director's
    7  designee[, who shall report to the division of criminal justice services
    8  whenever he or she agrees that the person is likely to  engage  in  such
    9  conduct.]  ANY REPORT MADE BY A MENTAL HEALTH PROFESSIONAL TO THE DIREC-
   10  TOR OF COMMUNITY SERVICES, OR  THE  DIRECTOR'S  DESIGNEE  SHALL  INCLUDE
   11  CURRENT  CONTACT  INFORMATION FOR SUCH PERSON INCLUDING, BUT NOT LIMITED
   12  TO, THE PERSON'S: (1) NAME, (2) MAILING ADDRESS, (3)  PHONE  NUMBER  AND
   13  (4)  EMAIL ADDRESS. THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S
   14  DESIGNEE SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES  UPON
   15  A  FINDING  THAT  THE  PERSON  IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD
   16  RESULT IN SERIOUS HARM TO SELF OR OTHERS. Information transmitted to the
   17  division of criminal justice services shall  be  limited  to  names  and
   18  other  non-clinical  identifying information, which may only be used for
   19  determining whether a license issued pursuant to section 400.00  of  the
   20  penal  law  should be suspended or revoked, or for determining whether a
   21  person is ineligible for a license issued pursuant to section 400.00  of
   22  the  penal  law, or is no longer permitted under state or federal law to
   23  possess a firearm.
   24    (c) THE DIRECTOR OF COMMUNITY  SERVICES  OR  THE  DIRECTOR'S  DESIGNEE
   25  SHALL  INFORM SUCH PERSON VIA WRITTEN NOTICE WHEN A REPORT REGARDING THE
   26  SUBSTANTIAL RISK OR THREAT OF HARM POSED BY THE PERSON IS  SENT  TO  THE
   27  DIVISION  OF  CRIMINAL  JUSTICE SERVICES. SUCH NOTICE SHALL INCLUDE, BUT
   28  NOT BE LIMITED TO:
   29    (1) THE PERSON'S NAME;
   30    (2) NOTICE THAT A REPORT HAS BEEN SENT TO  THE  DIVISION  OF  CRIMINAL
   31  JUSTICE SERVICES STATING THAT THE NAMED PERSON HAS BEEN DEEMED LIKELY TO
   32  ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO SELF OR OTHERS;
   33    (3)  THE  DATE THE REPORT WAS SENT TO THE DIVISION OF CRIMINAL JUSTICE
   34  SERVICES;
   35    (4) THE PERSON'S RIGHT TO SUBMIT A PETITION FOR RELIEF FROM DISABILITY
   36  TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS)  APPEALS
   37  OFFICE  OF  THE  OFFICE  OF  MENTAL HEALTH OR NICS APPEALS OFFICE OF THE
   38  OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES,  AS  SET  FORTH  IN
   39  SUBDIVISION  (J)  OF  SECTION  7.09 OF THIS TITLE AND SUBDIVISION (G) OF
   40  SECTION 13.09 OF THIS CHAPTER AND SECTIONS FIVE HUNDRED FORTY-THREE  AND
   41  SIX  HUNDRED  FORTY-THREE  OF  ARTICLE  FOURTEEN OF THE NEW YORK CODE OF
   42  RULES AND REGULATIONS;
   43    (5) CONTACT INFORMATION FOR THE NICS APPEALS OFFICE OF THE  OFFICE  OF
   44  MENTAL  HYGIENE OR THE NICS APPEALS OFFICE OF THE OFFICE FOR PEOPLE WITH
   45  DEVELOPMENTAL DISABILITIES; AND
   46    (6) ANY APPLICABLE DEADLINE FOR SUBMISSION OF A  PETITION  FOR  RELIEF
   47  FROM DISABILITY.
   48    (D)  Nothing  in  this  section shall be construed to require a mental
   49  health professional to take any action which, in the exercise of reason-
   50  able professional judgment, would endanger such  mental  health  profes-
   51  sional or increase the danger to a potential victim or victims.
   52    [(d)]  (E) The decision of a mental health professional to disclose or
   53  not to disclose in accordance with this section,  when  made  reasonably
   54  and  in  good  faith,  shall  not be the basis for any civil or criminal
   55  liability of such mental health professional.
       A. 8196                             6
    1    S 6. Paragraph 2 of subdivision (j) of  section  7.09  of  the  mental
    2  hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
    3  read as follows:
    4    (2)  The  commissioner  shall  establish  within  the office of mental
    5  health an administrative process to permit a person who has been or  may
    6  be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
    7  922(4)(d) or who has been or may be disqualified from continuing to have
    8  a license to carry, possess, repair,  or  dispose  of  a  firearm  under
    9  section  400.00  of  the penal law because such person was involuntarily
   10  committed or civilly confined to a facility under  the  jurisdiction  of
   11  the  commissioner,  OR WHO HAS BEEN THE SUBJECT OF A REPORT SUBMITTED BY
   12  THE DIRECTOR OF COMMUNITY SERVICES OR THE  DIRECTOR'S  DESIGNEE  TO  THE
   13  DIVISION  OF CRIMINAL JUSTICE SERVICES STATING THAT THE NAMED PERSON HAS
   14  BEEN DEEMED LIKELY TO ENGAGE IN CONDUCT THAT  WOULD  RESULT  IN  SERIOUS
   15  HARM  TO SELF OR OTHERS PURSUANT TO SECTION 9.46 OF THIS TITLE, to peti-
   16  tion for relief from that disability  where  such  person's  record  and
   17  reputation  are  such  that  such  person will not be likely to act in a
   18  manner dangerous to public safety and where the granting of  the  relief
   19  would  not  be contrary to public safety. The commissioner shall promul-
   20  gate regulations to establish  the  relief  from  disabilities  program,
   21  which  shall  include,  but not be limited to, provisions providing for:
   22  (i) an opportunity for a disqualified person to petition for  relief  in
   23  writing; (ii) the authority for the agency to require that the petition-
   24  er  undergo  a  clinical  evaluation  and  risk  assessment; and (iii) a
   25  requirement that the agency issue a decision in writing  explaining  the
   26  reasons  for  a  denial or grant of relief. The denial of a petition for
   27  relief from disabilities  may  be  reviewed  de  novo  pursuant  to  the
   28  proceedings  under  article  seventy-eight of the civil practice law and
   29  rules.
   30    S 7. Paragraph 2 of subdivision (g) of section  13.09  of  the  mental
   31  hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
   32  read as follows:
   33    (2) The commissioner shall establish within the office for people with
   34  developmental disabilities an administrative process to permit a  person
   35  who  has  been  or  may  be  disqualified from possessing such a firearm
   36  pursuant to 18 USC 922(4)(d), or who has been  or  may  be  disqualified
   37  from  continuing to have a license to carry, possess, repair, or dispose
   38  of a firearm under section 400.00 of the penal law because  such  person
   39  was  involuntarily committed or civilly confined to a facility under the
   40  jurisdiction of the commissioner, OR WHO  HAS  BEEN  THE  SUBJECT  OF  A
   41  REPORT SUBMITTED BY THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S
   42  DESIGNEE  TO  THE DIVISION OF CRIMINAL JUSTICE SERVICES STATING THAT THE
   43  NAMED PERSON HAS BEEN DEEMED LIKELY TO  ENGAGE  IN  CONDUCT  THAT  WOULD
   44  RESULT  IN  SERIOUS  HARM  TO SELF OR OTHERS PURSUANT TO SECTION 9.46 OF
   45  THIS CHAPTER, to petition for relief from  that  disability  where  such
   46  person's  record  and  reputation  are such that such person will not be
   47  likely to act in a manner dangerous  to  public  safety  and  where  the
   48  granting  of  the  relief  would  not  be contrary to public safety. The
   49  commissioner shall promulgate regulations to establish the  relief  from
   50  disabilities  program,  which  shall  include,  but  not  be limited to,
   51  provisions providing for: (i) an opportunity for a  disqualified  person
   52  to  petition for relief in writing; (ii) the authority for the agency to
   53  require that the petitioner  undergo  a  clinical  evaluation  and  risk
   54  assessment;  and (iii) a requirement that the agency issue a decision in
   55  writing explaining the reasons for a denial  or  grant  of  relief.  The
   56  denial  of  a  petition  for relief from disabilities may be reviewed de
       A. 8196                             7
    1  novo pursuant to the proceedings  under  article  seventy-eight  of  the
    2  civil practice law and rules.
    3    S 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
    4  and  16-b  of section 400.00 of the penal law, paragraph (a) of subdivi-
    5  sion 3 and subdivisions 4, 9 and 10 as amended and subdivisions 16-a and
    6  16-b as added by chapter 1 of the  laws  of  2013,  paragraph  (a-1)  of
    7  subdivision 16-a as added by chapter 98 of the laws of 2013, are amended
    8  to read as follows:
    9    (a)  Applications  shall be made and renewed, in the case of a license
   10  to carry or possess a pistol or revolver, to the  licensing  officer  in
   11  the  city or county, as the case may be, where the applicant resides, is
   12  principally employed or has his or her principal place  of  business  as
   13  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
   14  dealer in firearms, to the licensing officer where such place  of  busi-
   15  ness  is  located.  Blank  applications shall, except in the city of New
   16  York, be approved as to form by the  [superintendent  of  state  police]
   17  DIVISION  OF  CRIMINAL  JUSTICE SERVICES. An application shall state the
   18  full name, date of birth, residence, present occupation of  each  person
   19  or individual signing the same, whether or not he or she is a citizen of
   20  the  United States, whether or not he or she complies with each require-
   21  ment for eligibility specified in subdivision one of  this  section  and
   22  such  other  facts as may be required to show the good character, compe-
   23  tency and integrity of each person or individual  signing  the  applica-
   24  tion. An application shall be signed and verified by the applicant. Each
   25  individual signing an application shall submit one photograph of himself
   26  or  herself  and  a duplicate for each required copy of the application.
   27  Such photographs shall have been  taken  within  thirty  days  prior  to
   28  filing  the  application.  In case of a license as gunsmith or dealer in
   29  firearms, the photographs submitted shall be two inches square, and  the
   30  application  shall also state the previous occupation of each individual
   31  signing the same and the location of the place of such business,  or  of
   32  the  bureau,  agency,  subagency,  office or branch office for which the
   33  license is sought, specifying the name of the  city,  town  or  village,
   34  indicating   the  street  and  number  and  otherwise  giving  such  apt
   35  description as to point out reasonably the  location  thereof.  In  such
   36  case,  if the applicant is a firm, partnership or corporation, its name,
   37  date and place of formation, and principal place of  business  shall  be
   38  stated.  For  such  firm or partnership, the application shall be signed
   39  and verified by each individual composing or intending  to  compose  the
   40  same, and for such corporation, by each officer thereof.
   41    4.  Investigation.  Before a license is issued or renewed, there shall
   42  be an investigation of all statements required in the application by the
   43  duly constituted police authorities of the locality where such  applica-
   44  tion is made, including but not limited to such records as may be acces-
   45  sible  to the [division of state police or] division of criminal justice
   46  services pursuant to section 400.02 of this article. For  that  purpose,
   47  the  records  of  the  appropriate  office  of  the department of mental
   48  hygiene concerning previous or present mental illness of  the  applicant
   49  shall  be  available  for inspection by the investigating officer of the
   50  police authority. In order to ascertain any  previous  criminal  record,
   51  the  investigating  officer  shall  take  the  fingerprints and physical
   52  descriptive data in quadruplicate of each individual by whom the  appli-
   53  cation  is signed and verified. Two copies of such fingerprints shall be
   54  taken on standard fingerprint cards eight inches square,  and  one  copy
   55  may  be  taken on a card supplied for that purpose by the federal bureau
   56  of investigation; provided, however, that in the  case  of  a  corporate
       A. 8196                             8
    1  applicant  that has already been issued a dealer in firearms license and
    2  seeks to  operate  a  firearm  dealership  at  a  second  or  subsequent
    3  location, the original fingerprints on file may be used to ascertain any
    4  criminal  record  in  the second or subsequent application unless any of
    5  the corporate officers have changed  since  the  prior  application,  in
    6  which  case  the  new  corporate  officer  shall  comply with procedures
    7  governing an initial application for such license. When  completed,  one
    8  standard  card  shall  be  forwarded  to and retained by the division of
    9  criminal justice services in the  executive  department,  at  Albany.  A
   10  search  of  the  files  of such division and written notification of the
   11  results of the search to the investigating officer shall be made without
   12  unnecessary delay. Thereafter, such division shall notify the  licensing
   13  officer  and the executive department, division of state police, Albany,
   14  of any criminal record of the applicant filed therein subsequent to  the
   15  search  of its files. A second standard card, or the one supplied by the
   16  federal bureau of investigation, as the case may be, shall be  forwarded
   17  to that bureau at Washington with a request that the files of the bureau
   18  be searched and notification of the results of the search be made to the
   19  investigating  police authority. Of the remaining two fingerprint cards,
   20  one shall be filed with the executive  department,  division  of  [state
   21  police]  CRIMINAL  JUSTICE SERVICES, Albany, within ten days after issu-
   22  ance of the license, and the other remain on file with the investigating
   23  police authority. No such fingerprints may be inspected  by  any  person
   24  other  than  a  peace  officer,  who  is  acting pursuant to his special
   25  duties, or a police officer, except on order of a judge or justice of  a
   26  court of record either upon notice to the licensee or without notice, as
   27  the judge or justice may deem appropriate. Upon completion of the inves-
   28  tigation, the police authority shall report the results to the licensing
   29  officer without unnecessary delay.
   30    7.  License:  form. Any license issued pursuant to this section shall,
   31  except in the city of New York, be approved as to form  by  the  [super-
   32  intendent  of  state  police]  DIVISION  OF CRIMINAL JUSTICE SERVICES. A
   33  license to carry or possess a pistol or revolver shall have attached the
   34  licensee's photograph, and a coupon which shall be removed and  retained
   35  by any person disposing of a firearm to the licensee. Such license shall
   36  specify  the weapon covered by calibre, make, model, manufacturer's name
   37  and serial number, or if none, by any  other  distinguishing  number  or
   38  identification  mark,  and shall indicate whether issued to carry on the
   39  person or possess on the premises, and if on  the  premises  shall  also
   40  specify  the  place  where  the licensee shall possess the same. If such
   41  license is issued to an alien, or to a  person  not  a  citizen  of  and
   42  usually  a  resident  in the state, the licensing officer shall state in
   43  the license the particular reason for the issuance and the names of  the
   44  persons  certifying  to the good character of the applicant. Any license
   45  as gunsmith or dealer in firearms shall mention and describe  the  prem-
   46  ises for which it is issued and shall be valid only for such premises.
   47    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
   48  person licensed to carry or possess a pistol or revolver  may  apply  at
   49  any  time  to  his  or her licensing officer for amendment of his or her
   50  license to include one or more such weapons or to  cancel  weapons  held
   51  under  license.  If  granted,  a  record of the amendment describing the
   52  weapons involved shall be filed by the licensing officer in  the  execu-
   53  tive  department,  division of [state police] CRIMINAL JUSTICE SERVICES,
   54  Albany. The  [superintendent  of  state  police]  DIVISION  OF  CRIMINAL
   55  JUSTICE  SERVICES  may  authorize  that  such amendment be completed and
   56  transmitted to the [state police] DIVISION in electronic form.   Notifi-
       A. 8196                             9
    1  cation of any change of residence shall be made in writing by any licen-
    2  see  within  ten  days  after  such  change occurs, and a record of such
    3  change shall be inscribed by such licensee on the reverse side of his or
    4  her license. Elsewhere than in the city of New York, and in the counties
    5  of  Nassau and Suffolk, such notification shall be made to the executive
    6  department, division of [state police] CRIMINAL JUSTICE SERVICES,  Alba-
    7  ny, and in the city of New York to the police commissioner of that city,
    8  and  in  the county of Nassau to the police commissioner of that county,
    9  and in the county of Suffolk to the licensing officer  of  that  county,
   10  who  shall, within ten days after such notification shall be received by
   11  him or her, give notice in writing  of  such  change  to  the  executive
   12  department,  division  of  [state  police] CRIMINAL JUSTICE SERVICES, at
   13  Albany.
   14    10. License: expiration, certification and renewal.  (a)  Any  license
   15  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
   16  license to carry or possess a pistol or revolver,  issued  at  any  time
   17  pursuant  to  this  section  or prior to the first day of July, nineteen
   18  hundred sixty-three and not limited to expire on an earlier  date  fixed
   19  in the license, shall expire not more than three years after the date of
   20  issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, any
   21  license to carry or possess a pistol or revolver,  issued  at  any  time
   22  pursuant  to  this  section  or prior to the first day of July, nineteen
   23  hundred sixty-three and not limited to expire on an earlier  date  fixed
   24  in  the license, shall expire not more than five years after the date of
   25  issuance; however, in the county of Westchester, any such license  shall
   26  be  certified  prior to the first day of April, two thousand, in accord-
   27  ance with a schedule to be contained in regulations promulgated  by  the
   28  commissioner  of  the  division  of criminal justice services, and every
   29  such license shall be  recertified  every  five  years  thereafter.  For
   30  purposes  of  this  section  certification  shall mean that the licensee
   31  shall provide to the licensing officer the following  information  only:
   32  current name, date of birth, current address, and the make, model, cali-
   33  ber  and serial number of all firearms currently possessed. Such certif-
   34  ication information shall be filed by the licensing officer in the  same
   35  manner  as  an amendment. Elsewhere than in the city of New York and the
   36  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
   37  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
   38  section or prior to the first day of July, nineteen hundred  sixty-three
   39  and  not  previously  revoked or cancelled, shall be in force and effect
   40  until revoked as herein provided. Any license not  previously  cancelled
   41  or  revoked shall remain in full force and effect for thirty days beyond
   42  the stated expiration date on such license. Any application to  renew  a
   43  license that has not previously expired, been revoked or cancelled shall
   44  thereby extend the term of the license until disposition of the applica-
   45  tion  by the licensing officer. In the case of a license for gunsmith or
   46  dealer in firearms, in counties having a population  of  less  than  two
   47  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
   48  submitted on original applications and upon renewal thereafter  only  at
   49  six  year  intervals.  Upon  satisfactory  proof  that a currently valid
   50  original license has been despoiled, lost or otherwise removed from  the
   51  possession of the licensee and upon application containing an additional
   52  photograph  of  the licensee, the licensing officer shall issue a dupli-
   53  cate license.
   54    (b) All licensees shall be  recertified  to  the  [division  of  state
   55  police]  LICENSING  OFFICER  every  five  years  thereafter. Any license
   56  issued before the effective date of [the] chapter ONE of the laws of two
       A. 8196                            10
    1  thousand thirteen [which added this paragraph] shall be  recertified  by
    2  the  licensee  on or before January thirty-first, two thousand eighteen,
    3  and not less than one year prior to such date, the [state police]  DIVI-
    4  SION  OF  CRIMINAL  JUSTICE  SERVICES shall send a notice to all license
    5  holders who have not recertified by  such  time.  [Such  recertification
    6  shall  be  in  a form as approved by the superintendent of state police,
    7  which shall request the license holder's name, date  of  birth,  gender,
    8  race, residential address, social security number, firearms possessed by
    9  such  license  holder, email address at the option of the license holder
   10  and an affirmation that such  license  holder  is  not  prohibited  from
   11  possessing  firearms.] RECERTIFICATION SHALL CONTAIN THE INFORMATION AND
   12  SHALL BE IN THE FORM SET FORTH HEREINBELOW:
   13                               RECERTIFICATION
   14  1. NAME ________________________________________________________________
   15  2. DATE OF BIRTH _______________________________________________________
   16  3. GENDER ______________________________________________________________
   17  4. RACE ________________________________________________________________
   18  5. RESIDENTIAL ADDRESS _________________________________________________
   19  ________________________________________________________________________
   20  ________________________________________________________________________
   21  6. SOCIAL SECURITY NUMBER ______________________________________________
   22  7. EMAIL ADDRESS (OPTIONAL) ____________________________________________
   23  8. LIST ALL FIREARMS POSSESSED ON LICENSE: _____________________________
   24  ________________________________________________________________________
   25  ________________________________________________________________________
   26  ________________________________________________________________________
   27  ________________________________________________________________________
   28  UPON RECEIPT OF THE COMPLETED RECERTIFICATION FORM, THE LICENSING  OFFI-
   29  CER  WILL  COMPARE  THE  INFORMATION PROVIDED WITH THE INFORMATION MAIN-
   30  TAINED BY THE LICENSING OFFICER FOR SUCH LICENSE  HOLDER,  AND  PROMPTLY
   31  NOTIFY  THE  LICENSE  HOLDER  OF  ANY  DISCREPANCIES THAT MAY EXIST, AND
   32  PROVIDE INSTRUCTION AS TO APPLYING FOR AN AMENDMENT PURSUANT TO SUBDIVI-
   33  SION NINE THIS SECTION. AFTER THE RESOLUTION OF ANY PENDING APPLICATIONS
   34  FOR AMENDMENTS, THE LICENSING OFFICER SHALL RETAIN A COPY OF THE  RECER-
   35  TIFICATION  AND  A  COPY  SHALL BE FILED BY THE LICENSING OFFICER IN THE
   36  EXECUTIVE DEPARTMENT, DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  ALBANY,
   37  WITHIN  TEN DAYS. The form may be in an electronic form if so designated
   38  by the [superintendent of state police]  DIVISION  OF  CRIMINAL  JUSTICE
   39  SERVICES.  Failure  to  recertify  shall  act  as  a  revocation of such
   40  license. If the [New York state police] DIVISION  SHALL  discover  as  a
   41  result  of the recertification process that a licensee failed to provide
   42  a change of address, the [New York state police]  DIVISION  OF  CRIMINAL
   43  JUSTICE  SERVICES shall not require the licensing officer to revoke such
   44  license.
   45    16-a. Registration. (a) An owner of a weapon defined in paragraph  (e)
   46  or  (f)  of  subdivision  twenty-two  of section 265.00 of this chapter,
       A. 8196                            11
    1  possessed before the date of the effective date of [the] chapter ONE  of
    2  the  laws  of  two  thousand thirteen [which added this paragraph], must
    3  make an application to register such weapon with the [superintendent  of
    4  state  police]  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, in the manner
    5  provided by the [superintendent] DIVISION OF CRIMINAL JUSTICE  SERVICES,
    6  or by amending a license issued pursuant to this section within one year
    7  of  the  effective  date  of  this subdivision except any weapon defined
    8  under subparagraph (vi) of paragraph (g) of  subdivision  twenty-two  of
    9  section  265.00 of this chapter transferred into the state may be regis-
   10  tered at any time, provided such weapons are  registered  within  thirty
   11  days  of  their  transfer into the state. Registration information shall
   12  include the registrant's name, date of birth, gender, race,  residential
   13  address,  social  security number and a description of each weapon being
   14  registered. A registration of any weapon defined under subparagraph (vi)
   15  of paragraph (g) of subdivision twenty-two of section 265.00 or a  feed-
   16  ing  device  as defined under subdivision twenty-three of section 265.00
   17  of this chapter shall be transferable, provided that the seller notifies
   18  the [state police] DIVISION OF CRIMINAL JUSTICE SERVICES  within  seven-
   19  ty-two  hours  of the transfer and the buyer provides the [state police]
   20  DIVISION OF CRIMINAL JUSTICE SERVICES  with  information  sufficient  to
   21  constitute  a  registration  under this section. Such registration shall
   22  not be valid if such registrant is prohibited or becomes prohibited from
   23  possessing a firearm pursuant to state or federal law. The  [superinten-
   24  dent] DIVISION OF CRIMINAL JUSTICE SERVICES shall determine whether such
   25  registrant is prohibited from possessing a firearm under state or feder-
   26  al  law.  Such check shall be limited to determining whether the factors
   27  in 18 USC 922 (g) apply or whether a registrant has been convicted of  a
   28  serious  offense  as  defined  in  subdivision  [sixteen-b] SEVENTEEN of
   29  section 265.00 of this chapter, so as to prohibit such  registrant  from
   30  possessing  a  firearm, and whether a report has been issued pursuant to
   31  section 9.46 of the mental hygiene law. All registrants shall  recertify
   32  to  the  division of [state police] CRIMINAL JUSTICE SERVICES every five
   33  years thereafter. Failure to recertify shall result in a  revocation  of
   34  such registration.
   35    (a-1)  Notwithstanding any inconsistent provisions of paragraph (A) OF
   36  this subdivision, an owner of an assault weapon as defined  in  subdivi-
   37  sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
   38  retired New York or federal law enforcement officer as defined in subdi-
   39  vision twenty-five of section 265.00 of this chapter, where such  weapon
   40  was  issued  to  or purchased by such officer prior to retirement and in
   41  the course of his or her official duties, and for which such officer was
   42  qualified by the agency that employed such officer within twelve  months
   43  prior  to  his or her retirement, must register such weapon within sixty
   44  days of retirement.
   45    (b) The [superintendent of state police] DIVISION OF CRIMINAL  JUSTICE
   46  SERVICES  shall  create  and maintain an internet website to educate the
   47  public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
   48  tomatic pistol or weapon that are illegal as a result of  the  enactment
   49  of  [the]  chapter ONE of the laws of two thousand thirteen [which added
   50  this paragraph], as well as  such  assault  weapons  which  are  illegal
   51  pursuant to article two hundred sixty-five of this chapter. Such website
   52  shall  contain information to assist the public in recognizing the rele-
   53  vant features proscribed by such article two hundred sixty-five, as well
   54  as which make and model of weapons that require registration.
   55    (c) A person who knowingly fails to apply to register such weapon,  as
   56  required by this section, within one year of the effective date of [the]
       A. 8196                            12
    1  chapter ONE of the laws of two thousand thirteen [which added this para-
    2  graph]  shall  be  guilty  of  a class A misdemeanor and such person who
    3  unknowingly fails to validly register such weapon within such  one  year
    4  period  shall  be  given  a  warning  by  an appropriate law enforcement
    5  authority about such failure and given thirty days in which to apply  to
    6  register such weapon or to surrender it. A failure to apply or surrender
    7  such  weapon  within  such thirty-day period shall result in such weapon
    8  being removed by an appropriate law enforcement authority and declared a
    9  nuisance.
   10    16-b. The cost of the software, programming and interface required  to
   11  transmit any record that must be electronically transmitted by the deal-
   12  er  or  licensing  officer  to  the  division of [state police] CRIMINAL
   13  JUSTICE SERVICES, AND ANY COST BORNE BY THE LICENSING OFFICER TO  ADMIN-
   14  ISTER  OR MAINTAIN RECORDS RELATED TO THE RECERTIFICATION PROCESS BY THE
   15  LICENSING OFFICER, BOTH pursuant to this chapter shall be borne  by  the
   16  state.
   17    S  9.  Section  400.02  of the penal law, as added by chapter 1 of the
   18  laws of 2013, is amended to read as follows:
   19  S 400.02 Statewide license and record database.
   20    There shall be a statewide license and record database which shall  be
   21  created  and  maintained  by  the  division  of  [state police] CRIMINAL
   22  JUSTICE SERVICES the cost of which shall not be  borne  by  any  munici-
   23  pality. Records assembled or collected for purposes of inclusion in such
   24  database  shall  not be subject to disclosure pursuant to article six of
   25  the public officers law. Records containing granted license applications
   26  shall be periodically  checked  by  the  division  of  criminal  justice
   27  services  against  criminal  conviction,  mental  health,  and all other
   28  records as are necessary to determine their continued accuracy  as  well
   29  as  whether an individual is no longer a valid license holder. The divi-
   30  sion of criminal justice services shall also check pending  applications
   31  made  pursuant to this article against such records to determine whether
   32  a license may be granted. All state agencies shall  cooperate  with  the
   33  division  of  criminal justice services, as otherwise authorized by law,
   34  in making their records available for such checks. The division of crim-
   35  inal justice services, upon determining that an individual is ineligible
   36  to possess a license, or is no longer  a  valid  license  holder,  shall
   37  notify  the applicable licensing official of such determination and such
   38  licensing official shall not issue a license or revoke such license  and
   39  any  weapons  owned  or  possessed  by  such individual shall be removed
   40  consistent with the provisions of subdivision eleven of  section  400.00
   41  of  this  article.  Local and state law enforcement shall have access to
   42  such database, as otherwise authorized by law,  in  the  performance  of
   43  their  duties.  Records assembled or collected for purposes of inclusion
   44  in the database established by this section shall be  released  pursuant
   45  to a court order.
   46    S 10. This act shall take effect immediately; provided that:
   47    1. section four of this act shall take effect on the first of November
   48  next succeeding the date on which it shall have become a law; and
   49    2.  sections  five, six and seven of this act shall take effect on the
   50  ninetieth day after it shall have become a law.