STATE OF NEW YORK
________________________________________________________________________
7453
IN SENATE
May 3, 2016
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to licenses to carry and
possess firearms
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 2 of section 400.00 of the penal law, as
2 amended by chapter 189 of the laws of 2000, is amended to read as
3 follows:
4 2. Types of licenses. A license for gunsmith or dealer in firearms
5 shall be issued to engage in such business. A license for a pistol or
6 revolver, other than an assault weapon or a disguised gun, shall be
7 issued to [(a) have and] possess [in his dwelling by a householder; (b)
8 have and possess in his place of business by a merchant or storekeeper;
9 (c) have] and carry concealed [while so employed by a messenger employed
10 by a banking institution or express company; (d) have and carry
11 concealed by a justice of the supreme court in the first or second judi-
12 cial departments, or by a judge of the New York city civil court or the
13 New York city criminal court; (e) have and carry concealed while so
14 employed by a regular employee of an institution of the state, or of any
15 county, city, town or village, under control of a commissioner of
16 correction of the city or any warden, superintendent or head keeper of
17 any state prison, penitentiary, workhouse, county jail or other institu-
18 tion for the detention of persons convicted or accused of crime or held
19 as witnesses in criminal cases, provided that application is made there-
20 for by such commissioner, warden, superintendent or head keeper; (f)
21 have and carry concealed,] without regard to employment or place of
22 possession[, by any person when proper cause exists for the issuance
23 thereof; and (g) have, possess, collect and carry antique pistols which
24 are defined as follows: (i) any single shot, muzzle loading pistol with
25 a matchlock, flintlock, percussion cap, or similar type of ignition
26 system manufactured in or before l898, which is not designed for using
27 rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
28 ca of any pistol described in clause (i) hereof if such replica--
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15019-01-6
S. 7453 2
1 (1) is not designed or redesigned for using rimfire or conventional
2 centerfire fixed ammunition, or
3 (2) uses rimfire or conventional centerfire fixed ammunition which is
4 no longer manufactured in the United States and which is not readily
5 available in the ordinary channels of commercial trade].
6 § 2. Paragraph (a) of subdivision 3 of section 400.00 of the penal
7 law, as amended by chapter 1 of the laws of 2013, is amended to read as
8 follows:
9 (a) Applications shall be made and renewed, in the case of a license
10 to carry [or] and possess a pistol or revolver, to the licensing officer
11 in the city or county, as the case may be, where the applicant resides,
12 is 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. An
17 application shall state the full name, date of birth, residence, present
18 occupation of each person or individual signing the same, whether or not
19 he or she is a citizen of the United States, whether or not he or she
20 complies with each requirement for eligibility specified in subdivision
21 one of this section and such other facts as may be required to show the
22 good character, competency and integrity of each person or individual
23 signing the application. An application shall be signed and verified by
24 the applicant. Each individual signing an application shall submit one
25 photograph of himself or herself and a duplicate for each required copy
26 of the application. Such photographs shall have been taken within thirty
27 days prior to filing the application. In case of a license as gunsmith
28 or dealer in firearms, the photographs submitted shall be two inches
29 square, and the application shall also state the previous occupation of
30 each individual signing the same and the location of the place of such
31 business, or of the bureau, agency, subagency, office or branch office
32 for which the license is sought, specifying the name of the city, town
33 or village, indicating the street and number and otherwise giving such
34 apt description as to point out reasonably the location thereof. In such
35 case, if the applicant is a firm, partnership or corporation, its name,
36 date and place of formation, and principal place of business shall be
37 stated. For such firm or partnership, the application shall be signed
38 and verified by each individual composing or intending to compose the
39 same, and for such corporation, by each officer thereof.
40 § 3. Subdivision 6 of section 400.00 of the penal law, as amended by
41 chapter 318 of the laws of 2002, is amended to read as follows:
42 6. License: validity. Any license issued pursuant to this section
43 shall be valid notwithstanding the provisions of any local law or ordi-
44 nance. No license shall be transferable to any other person or prem-
45 ises. A license to carry [or] and possess a pistol or revolver[, not
46 otherwise limited as to place or time of possession,] shall be effective
47 throughout the state, except that the same shall not be valid within the
48 city of New York unless a special permit granting validity is issued by
49 the police commissioner of that city. Such license to carry [or] and
50 possess shall be valid within the city of New York in the absence of a
51 permit issued by the police commissioner of that city, provided that (a)
52 the firearms covered by such license have been purchased from a licensed
53 dealer within the city of New York and are being transported out of said
54 city forthwith and immediately from said dealer by the licensee in a
55 locked container during a continuous and uninterrupted trip; or provided
56 that (b) the firearms covered by such license are being transported by
S. 7453 3
1 the licensee in a locked container and the trip through the city of New
2 York is continuous and uninterrupted; or provided that (c) the firearms
3 covered by such license are carried by armored car security guards
4 transporting money or other valuables, in, to, or from motor vehicles
5 commonly known as armored cars, during the course of their employment;
6 or provided that (d) the licensee is a retired police officer as police
7 officer is defined pursuant to subdivision thirty-four of section 1.20
8 of the criminal procedure law or a retired federal law enforcement offi-
9 cer, as defined in section 2.15 of the criminal procedure law, who has
10 been issued a license by an authorized licensing officer as defined in
11 subdivision ten of section 265.00 of this chapter; provided, further,
12 however, that if such license was not issued in the city of New York it
13 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
14 ment Officer", as the case may be, and, in the case of a retired officer
15 the license shall be deemed to permit only police or federal law
16 enforcement regulations weapons; or provided that (e) the licensee is a
17 peace officer described in subdivision four of section 2.10 of the crim-
18 inal procedure law and the license, if issued by other than the city of
19 New York, is marked "New York State Tax Department Peace Officer" and in
20 such case the exemption shall apply only to the firearm issued to such
21 licensee by the department of taxation and finance. A license as
22 gunsmith or dealer in firearms shall not be valid outside the city or
23 county, as the case may be, where issued.
24 § 4. Subdivision 7 of section 400.00 of the penal law is amended to
25 read as follows:
26 7. License: form. Any license issued pursuant to this section shall,
27 except in the city of New York, be approved as to form by the super-
28 intendent of state police. A license to carry [or] and possess a pistol
29 or revolver shall have attached the licensee's photograph, and a coupon
30 which shall be removed and retained by any person disposing of a firearm
31 to the licensee. Such license shall specify the weapon covered by cali-
32 bre, make, model, manufacturer's name and serial number, or if none, by
33 any other distinguishing number or identification mark[, and shall indi-
34 cate whether issued to carry on the person or possess on the premises,
35 and if on the premises shall also specify the place where the licensee
36 shall possess the same]. If such license is issued to an alien, or to a
37 person not a citizen of and usually a resident in the state, the licens-
38 ing officer shall state in the license the particular reason for the
39 issuance and the names of the persons certifying to the good character
40 of the applicant. Any license as gunsmith or dealer in firearms shall
41 mention and describe the premises for which it is issued and shall be
42 valid only for such premises.
43 § 5. Subdivision 9 of section 400.00 of the penal law, as amended by
44 chapter 1 of the laws of 2013, is amended to read as follows:
45 9. License: amendment. Elsewhere than in the city of New York, a
46 person licensed to carry [or] and possess a pistol or revolver may apply
47 at any time to his or her licensing officer for amendment of his or her
48 license to include one or more such weapons or to cancel weapons held
49 under license. If granted, a record of the amendment describing the
50 weapons involved shall be filed by the licensing officer in the execu-
51 tive department, division of state police, Albany. The superintendent of
52 state police may authorize that such amendment be completed and trans-
53 mitted to the state police in electronic form. Notification of any
54 change of residence shall be made in writing by any licensee within ten
55 days after such change occurs, and a record of such change shall be
56 inscribed by such licensee on the reverse side of his or her license.
S. 7453 4
1 Elsewhere than in the city of New York, and in the counties of Nassau
2 and Suffolk, such notification shall be made to the executive depart-
3 ment, division of state police, Albany, and in the city of New York to
4 the police commissioner of that city, and in the county of Nassau to the
5 police commissioner of that county, and in the county of Suffolk to the
6 licensing officer of that county, who shall, within ten days after such
7 notification shall be received by him or her, give notice in writing of
8 such change to the executive department, division of state police, at
9 Albany.
10 § 6. Paragraph (a) of subdivision 10 of section 400.00 of the penal
11 law, as amended by chapter 1 of the laws of 2013, is amended to read as
12 follows:
13 (a) Any license for gunsmith or dealer in firearms and, in the city of
14 New York, any license to carry [or] and possess a pistol or revolver,
15 issued at any time pursuant to this section or prior to the first day of
16 July, nineteen hundred sixty-three and not limited to expire on an
17 earlier date fixed in the license, shall expire not more than three
18 years after the date of issuance. In the counties of Nassau, Suffolk and
19 Westchester, any license to carry [or] and possess a pistol or revolver,
20 issued at any time pursuant to this section or prior to the first day of
21 July, nineteen hundred sixty-three and not limited to expire on an
22 earlier date fixed in the license, shall expire not more than five years
23 after the date of issuance; however, in the county of Westchester, any
24 such license shall be certified prior to the first day of April, two
25 thousand, in accordance with a schedule to be contained in regulations
26 promulgated by the commissioner of the division of criminal justice
27 services, and every such license shall be recertified every five years
28 thereafter. For purposes of this section certification shall mean that
29 the licensee shall provide to the licensing officer the following infor-
30 mation only: current name, date of birth, current address, and the
31 make, model, caliber and serial number of all firearms currently
32 possessed. Such certification information shall be filed by the licens-
33 ing officer in the same manner as an amendment. Elsewhere than in the
34 city of New York and the counties of Nassau, Suffolk and Westchester,
35 any license to carry [or] and possess a pistol or revolver, issued at
36 any time pursuant to this section or prior to the first day of July,
37 nineteen hundred sixty-three and not previously revoked or cancelled,
38 shall be in force and effect until revoked as herein provided. Any
39 license not previously cancelled or revoked shall remain in full force
40 and effect for thirty days beyond the stated expiration date on such
41 license. Any application to renew a license that has not previously
42 expired, been revoked or cancelled shall thereby extend the term of the
43 license until disposition of the application by the licensing officer.
44 In the case of a license for gunsmith or dealer in firearms, in counties
45 having a population of less than two hundred thousand inhabitants,
46 photographs and fingerprints shall be submitted on original applications
47 and upon renewal thereafter only at six year intervals. Upon satisfac-
48 tory proof that a currently valid original license has been despoiled,
49 lost or otherwise removed from the possession of the licensee and upon
50 application containing an additional photograph of the licensee, the
51 licensing officer shall issue a duplicate license.
52 § 7. Subdivision 12 of section 400.00 of the penal law, as amended by
53 chapter 1 of the laws of 2013, is amended to read as follows:
54 12. Records required of gunsmiths and dealers in firearms. Any person
55 licensed as gunsmith or dealer in firearms shall keep a record book
56 approved as to form, except in the city of New York, by the superinten-
S. 7453 5
1 dent of state police. In the record book shall be entered at the time of
2 every transaction involving a firearm the date, name, age, occupation
3 and residence of any person from whom a firearm is received or to whom a
4 firearm is delivered, and the calibre, make, model, manufacturer's name
5 and serial number, or if none, any other distinguishing number or iden-
6 tification mark on such firearm. Before delivering a firearm to any
7 person, the licensee shall require him to produce either a license valid
8 under this section to carry [or] and possess the same, or proof of
9 lawful authority as an exempt person pursuant to section 265.20. In
10 addition, before delivering a firearm to a peace officer, the licensee
11 shall verify that person's status as a peace officer with the division
12 of state police. After completing the foregoing, the licensee shall
13 remove and retain the attached coupon and enter in the record book the
14 date of such license, number, if any, and name of the licensing officer,
15 in the case of the holder of a license to carry [or] and possess, or the
16 shield or other number, if any, assignment and department, unit or agen-
17 cy, in the case of an exempt person. The original transaction report
18 shall be forwarded to the division of state police within ten days of
19 delivering a firearm to any person, and a duplicate copy shall be kept
20 by the licensee. The superintendent of state police may designate that
21 such record shall be completed and transmitted in electronic form. A
22 dealer may be granted a waiver from transmitting such records in elec-
23 tronic form if the superintendent determines that such dealer is incapa-
24 ble of such transmission due to technological limitations that are not
25 reasonably within the control of the dealer, or other exceptional
26 circumstances demonstrated by the dealer, pursuant to a process estab-
27 lished in regulation, and at the discretion of the superintendent.
28 Records assembled or collected for purposes of inclusion in the database
29 created pursuant to section 400.02 of this article shall not be subject
30 to disclosure pursuant to article six of the public officers law. The
31 record book shall be maintained on the premises mentioned and described
32 in the license and shall be open at all reasonable hours for inspection
33 by any peace officer, acting pursuant to his special duties, or police
34 officer. In the event of cancellation or revocation of the license for
35 gunsmith or dealer in firearms, or discontinuance of business by a
36 licensee, such record book shall be immediately surrendered to the
37 licensing officer in the city of New York, and in the counties of Nassau
38 and Suffolk, and elsewhere in the state to the executive department,
39 division of state police.
40 § 8. Subdivision 14 of section 400.00 of the penal law, as amended by
41 chapter 195 of the laws of 2005, is amended to read as follows:
42 14. Fees. In the city of New York and the county of Nassau, the annual
43 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
44 for dealers in firearms. In such city, the city council and in the coun-
45 ty of Nassau the Board of Supervisors shall fix the fee to be charged
46 for a license to carry [or] and possess a pistol or revolver and provide
47 for the disposition of such fees. Elsewhere in the state, the licensing
48 officer shall collect and pay into the county treasury the following
49 fees: for each license to carry [or] and possess a pistol or revolver,
50 not less than three dollars nor more than ten dollars as may be deter-
51 mined by the legislative body of the county; for each amendment thereto,
52 three dollars, and five dollars in the county of Suffolk; and for each
53 license issued to a gunsmith or dealer in firearms, ten dollars. The fee
54 for a duplicate license shall be five dollars. The fee for processing a
55 license transfer between counties shall be five dollars. The fee for
56 processing a license or renewal thereof for a qualified retired police
S. 7453 6
1 officer as defined under subdivision thirty-four of section 1.20 of the
2 criminal procedure law, or a qualified retired sheriff, undersheriff, or
3 deputy sheriff of the city of New York as defined under subdivision two
4 of section 2.10 of the criminal procedure law, or a qualified retired
5 bridge and tunnel officer, sergeant or lieutenant of the triborough
6 bridge and tunnel authority as defined under subdivision twenty of
7 section 2.10 of the criminal procedure law, or a qualified retired
8 uniformed court officer in the unified court system, or a qualified
9 retired court clerk in the unified court system in the first and second
10 judicial departments, as defined in paragraphs a and b of subdivision
11 twenty-one of section 2.10 of the criminal procedure law or a retired
12 correction officer as defined in subdivision twenty-five of section 2.10
13 of the criminal procedure law shall be waived in all counties throughout
14 the state.
15 § 9. This act shall take effect immediately and shall apply to all
16 licenses held and issued on and after such date.