STATE OF NEW YORK
        ________________________________________________________________________
                                          10354
                   IN ASSEMBLY
                                      May 23, 2016
                                       ___________
        Introduced by M. of A. BUTLER -- read once and referred to the Committee
          on Codes
        AN  ACT  to  amend the criminal procedure law, the family court act, the
          domestic relations law, the general business law, the  judiciary  law,
          the mental hygiene law, the penal law and the surrogate's court proce-
          dure   act,  in  relation  to  limiting  the  application  of  certain
          provisions of law relating to firearms to  the  counties  of  Suffolk,
          Nassau,  Kings, Queens, Richmond, New York, Bronx and Westchester; and
          to repeal section 400.02 of the penal law relating  to  the  statewide
          license and record database
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
     2  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
     3  follows:
     4    2-a.  Firearm,  rifle  or shotgun surrender order in certain counties.
     5  [Upon] In the counties of Suffolk, Nassau, Kings, Queens, Richmond,  New
     6  York,  Bronx and Westchester, upon entry of a verdict of not responsible
     7  by reason of mental disease or defect, or upon the acceptance of a  plea
     8  of  not  responsible  by  reason  of mental disease or defect, or upon a
     9  finding that the defendant is an incapacitated person pursuant to  arti-
    10  cle  seven  hundred  thirty  of this chapter, the court shall revoke the
    11  defendant's firearm license, if any, inquire of the defendant as to  the
    12  existence  and  location  of  any  firearm,  rifle  or  shotgun owned or
    13  possessed by such defendant and direct the surrender  of  such  firearm,
    14  rifle or shotgun pursuant to subparagraph (f) of paragraph one of subdi-
    15  vision  a of section 265.20 and subdivision six of section 400.05 of the
    16  penal law.
    17    § 2. Section 380.96 of the criminal procedure law, as added by chapter
    18  1 of the laws of 2013, is amended to read as follows:
    19  § 380.96 Obligation of sentencing court in certain counties pursuant  to
    20             article four hundred of the penal law.
    21    [Upon]  In  the  counties of Suffolk, Nassau, Kings, Queens, Richmond,
    22  New York, Bronx and Westchester, upon  judgment  of  conviction  of  any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15422-04-6

        A. 10354                            2
     1  offense  which would require the seizure of firearms, shotguns or rifles
     2  from an individual so convicted, and the revocation of  any  license  or
     3  registration  issued  pursuant to article four hundred of the penal law,
     4  the  judge  pronouncing  sentence  shall  demand  surrender  of any such
     5  license or registration and all firearms, shotguns and rifles. The fail-
     6  ure to so demand surrender shall not effect the validity of any  revoca-
     7  tion pursuant to article four hundred of the penal law.
     8    § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
     9  as  amended  by  chapter  1  of the laws of 2013, are amended to read as
    10  follows:
    11    1.  [Suspension]  Mandatory  and  permissive  suspension  of  firearms
    12  license  and  ineligibility  for  such  a license upon the issuance of a
    13  temporary order of protection. Whenever a temporary order of  protection
    14  is  issued  pursuant to section eight hundred twenty-eight of this arti-
    15  cle, or in the counties of Suffolk, Nassau, Kings, Queens, Richmond, New
    16  York, Bronx and Westchester, pursuant to article four, five, six,  seven
    17  or ten of this act:
    18    (a) the court shall suspend any such existing license possessed by the
    19  respondent,  order  the  respondent  ineligible  for such a license, and
    20  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    21  one of subdivision a of section 265.20 and subdivision  six  of  section
    22  400.05  of  the  penal  law,]  of any or all firearms owned or possessed
    23  where the court receives information that gives the court good cause  to
    24  believe  that:  (i) the respondent has a prior conviction of any violent
    25  felony offense as defined in section 70.02 of the penal  law;  (ii)  the
    26  respondent  has previously been found to have willfully failed to obey a
    27  prior order of protection and such  willful  failure  involved  (A)  the
    28  infliction of physical injury, as defined in subdivision nine of section
    29  10.00 of the penal law, (B) the use or threatened use of a deadly weapon
    30  or  dangerous  instrument  as  those  terms  are defined in subdivisions
    31  twelve and thirteen of section 10.00 of the penal law, or  (C)  behavior
    32  constituting  any  violent felony offense as defined in section 70.02 of
    33  the penal law; or (iii) the respondent has a prior conviction for stalk-
    34  ing in the first degree as defined in section 120.60 of the  penal  law,
    35  stalking  in the second degree as defined in section 120.55 of the penal
    36  law, stalking in the third degree as defined in section  120.50  of  the
    37  penal  law or stalking in the fourth degree as defined in section 120.45
    38  of such law; and
    39    (b) the court may and, in the  counties  of  Suffolk,  Nassau,  Kings,
    40  Queens, Richmond, New York, Bronx and Westchester, shall where the court
    41  finds  a substantial risk that the respondent may use or threaten to use
    42  a firearm unlawfully against the person or persons for whose  protection
    43  the  temporary  order of protection is issued, suspend any such existing
    44  license possessed by the respondent, order the respondent ineligible for
    45  such a license, and order the immediate surrender [pursuant to  subpara-
    46  graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
    47  vision  six  of section 400.05 of the penal law,] of any or all firearms
    48  owned or possessed.
    49    2. [Revocation] Mandatory and permissive revocation or  suspension  of
    50  firearms  license and ineligibility for such a license upon the issuance
    51  of an order of protection. Whenever an order  of  protection  is  issued
    52  pursuant  to  section  eight  hundred  forty-one of this part, or in the
    53  county of Suffolk, Nassau, Kings, Queens, Richmond, New York,  Bronx  or
    54  Westchester,  pursuant  to article four, five, six, seven or ten of this
    55  act:

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     1    (a) the court shall revoke any such existing license possessed by  the
     2  respondent,  order  the  respondent  ineligible  for such a license, and
     3  order the immediate surrender [pursuant to subparagraph (f) of paragraph
     4  one of subdivision a of section 265.20 and subdivision  six  of  section
     5  400.05  of  the  penal  law,]  of any or all firearms owned or possessed
     6  where the court finds that the conduct which resulted in the issuance of
     7  the order of protection involved (i) the infliction of serious  physical
     8  injury,  as  defined  in  subdivision [nine] ten of section 10.00 of the
     9  penal law, (ii) the use or threatened use of a deadly weapon or  danger-
    10  ous  instrument  as  those  terms are defined in subdivisions twelve and
    11  thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
    12  ing any violent felony offense as defined in section 70.02 of the  penal
    13  law; and
    14    (b)  the  court  may  and,  in the counties of Suffolk, Nassau, Kings,
    15  Queens, Richmond, New York, Bronx  and  Westchester,  shall,  where  the
    16  court  finds  a substantial risk that the respondent may use or threaten
    17  to use a firearm unlawfully against the  person  or  persons  for  whose
    18  protection the order of protection is issued, (i) revoke any such exist-
    19  ing license possessed by the respondent, order the respondent ineligible
    20  for  such  a  license  and  order  the  immediate surrender [pursuant to
    21  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
    22  subdivision six of section 400.05 of the  penal  law,]  of  any  or  all
    23  firearms  owned  or possessed or (ii) suspend or continue to suspend any
    24  such existing license possessed by the respondent, order the  respondent
    25  ineligible for such a license, and order the immediate surrender [pursu-
    26  ant  to  subparagraph  (f)  of paragraph one of subdivision a of section
    27  265.20 and subdivision six of section 400.05 of the penal law,]  of  any
    28  or all firearms owned or possessed.
    29    3.  [Revocation]  Mandatory and permissive revocation or suspension of
    30  firearms license and ineligibility for such a license upon a finding  of
    31  a  willful  failure  to obey an order of protection or, in the county of
    32  Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx  or  Westches-
    33  ter,  temporary  order  of  protection.  Whenever  a respondent has been
    34  found, pursuant to section eight hundred forty-six-a  of  this  part  to
    35  have  willfully failed to obey an order of protection or temporary order
    36  of protection issued [pursuant to this act  or  the  domestic  relations
    37  law, or] by this court or by a court of competent jurisdiction in anoth-
    38  er  state,  territorial or tribal jurisdiction, in addition to any other
    39  remedies available pursuant to section eight hundred forty-six-a of this
    40  part:
    41    (a) the court shall revoke any such existing license possessed by  the
    42  respondent,  order  the  respondent  ineligible  for such a license, and
    43  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    44  one of subdivision a of section 265.20 and subdivision  six  of  section
    45  400.05  of  the  penal  law,]  of any or all firearms owned or possessed
    46  where the willful failure to obey such order involves (i) the infliction
    47  of serious physical injury, as defined  in  subdivision  [nine]  ten  of
    48  section  10.00  of  the  penal  law, (ii) the use or threatened use of a
    49  deadly weapon or dangerous instrument as  those  terms  are  defined  in
    50  subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
    51  (iii) behavior constituting any violent felony  offense  as  defined  in
    52  section  70.02  of the penal law; or (iv) behavior constituting stalking
    53  in the first degree as defined in  section  120.60  of  the  penal  law,
    54  stalking  in the second degree as defined in section 120.55 of the penal
    55  law, stalking in the third degree as defined in section  120.50  of  the

        A. 10354                            4
     1  penal  law or stalking in the fourth degree as defined in section 120.45
     2  of such law; and
     3    (b)  the  court  may  and,  in the counties of Suffolk, Nassau, Kings,
     4  Queens, Richmond, New York, Bronx and Westchester, shall where the court
     5  finds a substantial risk that the respondent may use or threaten to  use
     6  a  firearm unlawfully against the person or persons for whose protection
     7  the order of protection was issued, (i) revoke any such existing license
     8  possessed by the respondent, order the respondent ineligible for such  a
     9  license,  whether  or  not  the respondent possesses such a license, and
    10  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    11  one of subdivision a of section 265.20 and subdivision  six  of  section
    12  400.05  of  the penal law,] of any or all firearms owned or possessed or
    13  (ii) suspend any such existing  license  possessed  by  the  respondent,
    14  order  the respondent ineligible for such a license, and order the imme-
    15  diate surrender of any or all firearms owned or possessed.
    16    § 4. Section 846-a of the family court act, as amended by chapter 1 of
    17  the laws of 2013, is amended to read as follows:
    18    § 846-a. Powers on failure to obey order. If a respondent  is  brought
    19  before  the court for failure to obey any lawful order issued under this
    20  article or an order of protection or, in the county of Suffolk,  Nassau,
    21  Kings, Queens, Richmond, New York, Bronx or Westchester, temporary order
    22  of  protection  issued  [pursuant  to  this act or issued] by a court of
    23  competent jurisdiction of another state, territorial or tribal jurisdic-
    24  tion and if, after hearing, the court is satisfied  by  competent  proof
    25  that  the  respondent  has  willfully failed to obey any such order, the
    26  court may modify an existing order or, in the county of Suffolk, Nassau,
    27  Kings, Queens, Richmond, New York, Bronx or Westchester, temporary order
    28  of protection to add reasonable conditions of behavior to  the  existing
    29  order,  make  a new order of protection in accordance with section eight
    30  hundred forty-two of this part, may order the forfeiture of  bail  in  a
    31  manner consistent with article five hundred forty of the criminal proce-
    32  dure  law  if  bail has been ordered pursuant to this act, may order the
    33  respondent to pay the petitioner's reasonable and necessary counsel fees
    34  in connection with the violation petition where the court finds that the
    35  violation of its order was willful, and may  commit  the  respondent  to
    36  jail  for a term not to exceed six months. Such commitment may be served
    37  upon certain specified days or parts of days as the  court  may  direct,
    38  and  the court may, at any time within the term of such sentence, revoke
    39  such suspension and commit the  respondent  for  the  remainder  of  the
    40  original  sentence,  or  suspend  the remainder of such sentence. If the
    41  court determines that the willful failure to obey  such  order  involves
    42  violent behavior constituting the crimes of menacing, reckless endanger-
    43  ment,  assault or attempted assault and if such a respondent is licensed
    44  to carry, possess, repair and dispose of firearms  pursuant  to  section
    45  400.00  of  the  penal  law,  the court may also immediately revoke such
    46  license and may arrange for the immediate surrender [pursuant to subpar-
    47  agraph (f) of paragraph one of  subdivision  a  of  section  265.20  and
    48  subdivision six of section 400.05 of the penal law,] and disposal of any
    49  firearm  such  respondent  owns  or possesses. If the willful failure to
    50  obey such order involves the infliction of serious  physical  injury  as
    51  defined  in  subdivision [nine] ten of section 10.00 of the penal law or
    52  the use or threatened use of a deadly weapon or dangerous instrument, as
    53  those terms are defined in subdivisions twelve and thirteen  of  section
    54  10.00  of the penal law, such revocation and immediate surrender [pursu-
    55  ant to subparagraph (f) of paragraph one of  subdivision  a  of  section
    56  265.20  and  subdivision six of section 400.05 of the penal law six] and

        A. 10354                            5
     1  disposal of any firearm owned or possessed by respondent shall be manda-
     2  tory, pursuant to subdivision eleven of section 400.00 of the penal law.
     3    §  5.  Section 446-a of the family court act, as added by chapter 1 of
     4  the laws of 2013, is amended to read as follows:
     5    § 446-a. Firearms; surrender and license  suspension,  revocation  and
     6  ineligibility;  certain  counties.    [Upon] In the counties of Suffolk,
     7  Nassau, Kings, Queens, Richmond, New York, Bronx and  Westchester,  upon
     8  the issuance of an order of protection or temporary order of protection,
     9  or  upon a violation of such order, the court shall make a determination
    10  regarding the suspension and revocation of a license to carry,  possess,
    11  repair  or  dispose  of  a firearm or firearms, ineligibility for such a
    12  license and the surrender of firearms in accordance with  section  eight
    13  hundred forty-two-a of this act.
    14    § 6. Section 552 of the family court act, as added by chapter 1 of the
    15  laws of 2013, is amended to read as follows:
    16    §  552.  Firearms;  surrender  and  license suspension, revocation and
    17  ineligibility; certain counties. [Upon]  In  the  counties  of  Suffolk,
    18  Nassau,  Kings,  Queens, Richmond, New York, Bronx and Westchester, upon
    19  the issuance of an order of protection or temporary order of protection,
    20  or upon a violation of such order, the court shall make a  determination
    21  regarding  the suspension and revocation of a license to carry, possess,
    22  repair or dispose of a firearm or firearms,  ineligibility  for  such  a
    23  license  and  the surrender of firearms in accordance with section eight
    24  hundred forty-two-a of this act.
    25    § 7. Section 656-a of the family court act, as added by chapter  1  of
    26  the laws of 2013, is amended to read as follows:
    27    §  656-a.  Firearms;  surrender and license suspension, revocation and
    28  ineligibility; certain counties. [Upon]  In  the  counties  of  Suffolk,
    29  Nassau,  Kings,  Queens, Richmond, New York, Bronx and Westchester, upon
    30  the issuance of an order of protection or temporary order of protection,
    31  or upon a violation of such order, the court shall make a  determination
    32  regarding  the suspension and revocation of a license to carry, possess,
    33  repair or dispose of a firearm or firearms,  ineligibility  for  such  a
    34  license  and  the surrender of firearms in accordance with section eight
    35  hundred forty-two-a of this act.
    36    § 8. Section 780-a of the family court act, as added by chapter  1  of
    37  the laws of 2013, is amended to read as follows:
    38    §  780-a.  Firearms;  surrender and license suspension, revocation and
    39  ineligibility; certain counties. [Upon]  In  the  counties  of  Suffolk,
    40  Nassau,  Kings,  Queens, Richmond, New York, Bronx and Westchester, upon
    41  the issuance of an order of protection or temporary order of protection,
    42  or upon a violation of such order, the court shall make a  determination
    43  regarding  the suspension and revocation of a license to carry, possess,
    44  repair or dispose of a firearm or firearms,  ineligibility  for  such  a
    45  license  and  the surrender of firearms in accordance with section eight
    46  hundred forty-two-a of this act.
    47    § 9. Section 1056-a of the family court act, as added by chapter 1  of
    48  the laws of 2013, is amended to read as follows:
    49    §  1056-a.  Firearms; surrender and license suspension, revocation and
    50  ineligibility; certain counties. [Upon]  In  the  counties  of  Suffolk,
    51  Nassau,  Kings,  Queens, Richmond, New York, Bronx and Westchester, upon
    52  the issuance of an order of protection or temporary order of protection,
    53  or upon a violation of such order, the court  shall  make  an  order  in
    54  accordance with section eight hundred forty-two-a of this act.

        A. 10354                            6
     1    §  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
     2  relations law, as amended by chapter 1 of the laws of 2013,  is  amended
     3  to read as follows:
     4    h.  Upon  issuance  of  an  order  of protection or temporary order of
     5  protection or upon a violation of such order, the court may and, in  the
     6  counties  of  Suffolk,  Nassau, Kings, Queens, Richmond, New York, Bronx
     7  and Westchester, shall make a determination regarding the suspension and
     8  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
     9  firearm  or firearms, ineligibility for such a license and the surrender
    10  of firearms in accordance with sections eight  hundred  forty-two-a  and
    11  eight  hundred  forty-six-a of the family court act, as applicable. Upon
    12  issuance of an order of protection pursuant to this section  or  upon  a
    13  finding  of  a  violation  thereof, the court also may direct payment of
    14  restitution in an amount not to exceed ten thousand dollars  in  accord-
    15  ance  with  subdivision  (e)  of section eight hundred forty-one of such
    16  act; provided, however, that in no case shall an order of restitution be
    17  issued where the court determines that the party against whom the  order
    18  would  be issued has already compensated the injured party or where such
    19  compensation is incorporated in a final judgment or  settlement  of  the
    20  action.
    21    §  11.  Subdivision 9 of section 252 of the domestic relations law, as
    22  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    23    9. Upon issuance of an order  of  protection  or  temporary  order  of
    24  protection  or upon a violation of such order, the court may and, in the
    25  counties of Suffolk, Nassau, Kings, Queens, Richmond,  New  York,  Bronx
    26  and Westchester, shall make a determination regarding the suspension and
    27  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
    28  firearm or firearms, ineligibility for such a license and the  surrender
    29  of  firearms  in  accordance with sections eight hundred forty-two-a and
    30  eight hundred forty-six-a of the family court act, as  applicable.  Upon
    31  issuance  of  an  order of protection pursuant to this section or upon a
    32  finding of a violation thereof, the court also  may  direct  payment  of
    33  restitution  in  an amount not to exceed ten thousand dollars in accord-
    34  ance with subdivision (e) of section eight  hundred  forty-one  of  such
    35  act; provided, however, that in no case shall an order of restitution be
    36  issued  where the court determines that the party against whom the order
    37  would be issued has already compensated the injured party or where  such
    38  compensation  is  incorporated  in a final judgment or settlement of the
    39  action.
    40    § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
    41  section 530.14 of the criminal procedure law, as amended by chapter 1 of
    42  the laws of 2013, are amended to read as follows:
    43    [Suspension]  Mandatory  and permissive suspension of firearms license
    44  and ineligibility for such a license upon issuance of temporary order of
    45  protection. Whenever a temporary order of protection is issued  pursuant
    46  to  subdivision  one  of  section  530.12  or subdivision one of section
    47  530.13 of this article:
    48    (b) the court may and, in the  counties  of  Suffolk,  Nassau,  Kings,
    49  Queens, Richmond, New York, Bronx and Westchester, shall where the court
    50  finds a substantial risk that the defendant may use or threaten to use a
    51  firearm  unlawfully  against  the person or persons for whose protection
    52  the temporary order of protection is issued, suspend any  such  existing
    53  license  possessed  by the defendant, order the defendant ineligible for
    54  such a license and order the immediate surrender [pursuant  to  subpara-
    55  graph (f) of paragraph one of subdivision a of section 265.20 and subdi-

        A. 10354                            7

     1  vision  six  of section 400.05 of the penal law,] of any or all firearms
     2  owned or possessed.
     3    §  13.  The  opening  paragraph  and paragraph (b) of subdivision 2 of
     4  section 530.14 of the criminal procedure law, as amended by chapter 1 of
     5  the laws of 2013, are amended to read as follows:
     6    [Revocation] Mandatory and  permissive  revocation  or  suspension  of
     7  firearms  license  and ineligibility for such a license upon issuance of
     8  an order of protection. Whenever an order of protection is issued pursu-
     9  ant to subdivision five of section 530.12 or subdivision four of section
    10  530.13 of this article:
    11    (b) the court may and, in the  counties  of  Suffolk,  Nassau,  Kings,
    12  Queens, Richmond, New York, Bronx and Westchester, shall where the court
    13  finds a substantial risk that the defendant may use or threaten to use a
    14  firearm  unlawfully  against  the person or persons for whose protection
    15  the order of protection is issued, (i) revoke any such existing  license
    16  possessed  by  the  defendant, order the defendant ineligible for such a
    17  license and order the immediate surrender of any or all  firearms  owned
    18  or  possessed  or  (ii) suspend or continue to suspend any such existing
    19  license possessed by the defendant, order the defendant  ineligible  for
    20  such  a  license and order the immediate surrender [pursuant to subpara-
    21  graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
    22  vision six of section 400.05 of the penal law,] of any or  all  firearms
    23  owned or possessed.
    24    §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
    25  section 530.14 of the criminal procedure law, as amended by chapter 1 of
    26  the laws of 2013, are amended to read as follows:
    27    [Revocation] Mandatory and  permissive  revocation  or  suspension  of
    28  firearms  license and ineligibility for such a license upon a finding of
    29  a willful failure to obey an order of protection. Whenever  a  defendant
    30  has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
    31  subdivision eight of section 530.13 of this article  to  have  willfully
    32  failed  to  obey  an  order of protection issued by a court of competent
    33  jurisdiction in this state  or  another  state,  territorial  or  tribal
    34  jurisdiction,  in  addition  to any other remedies available pursuant to
    35  subdivision eleven of section 530.12 or  subdivision  eight  of  section
    36  530.13 of this article:
    37    (b)  the  court  may  and,  in the counties of Suffolk, Nassau, Kings,
    38  Queens, Richmond, New York, Bronx and Westchester, shall where the court
    39  finds a substantial risk that the defendant may use or threaten to use a
    40  firearm unlawfully against the person or persons  for  whose  protection
    41  the order of protection was issued, (i) revoke any such existing license
    42  possessed  by  the  defendant, order the defendant ineligible for such a
    43  license and order the immediate surrender [pursuant to subparagraph  (f)
    44  of  paragraph one of subdivision a of section 265.20 and subdivision six
    45  of section 400.05 of the penal law,] of any or  all  firearms  owned  or
    46  possessed  or  (ii)  suspend  any such existing license possessed by the
    47  defendant, order the defendant ineligible for such a license  and  order
    48  the  immediate  surrender [pursuant to subparagraph (f) of paragraph one
    49  of subdivision a of section 265.20 and subdivision six of section 400.05
    50  of the penal law,] of any or all firearms owned or possessed.
    51    § 15. The article heading of article 39-DDD of  the  general  business
    52  law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
    53  follows:
    54          PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
    55                             IN CERTAIN COUNTIES

        A. 10354                            8
     1    § 16. Subdivision 1 of section 898 of the  general  business  law,  as
     2  added by chapter 1 of the laws of 2013, is amended to read as follows:
     3    1. In addition to any other requirements pursuant to state and federal
     4  law,  all sales, exchanges or disposals of firearms, rifles or shotguns,
     5  in the counties of Suffolk, Nassau, Kings, Queens, Richmond,  New  York,
     6  Bronx  and  Westchester,  shall  be  conducted  in  accordance with this
     7  section unless such  sale,  exchange  or  disposal  is  conducted  by  a
     8  licensed  importer,  licensed  manufacturer or licensed dealer, as those
     9  terms are defined in 18 USC § 922, when such sale, exchange or  disposal
    10  is  conducted pursuant to that person's federal firearms license or such
    11  sale, exchange or disposal is between members of  an  immediate  family.
    12  For  purposes  of  this  section, "immediate family" shall mean spouses,
    13  domestic partners, children and step-children.
    14    § 17. Paragraph (q) of subdivision 2 of section 212 of  the  judiciary
    15  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    16  follows:
    17    (q) Adopt rules to  require  transmission,  to  the  criminal  justice
    18  information  services division of the federal bureau of investigation or
    19  to the division of criminal justice services,  of  the  name  and  other
    20  identifying  information of each person who has a guardian appointed for
    21  him or her pursuant to any provision of state law, based on  a  determi-
    22  nation  that  as  a  result  of  marked  subnormal  intelligence, mental
    23  illness, incapacity, condition or disease, he or she  lacks  the  mental
    24  capacity to contract or manage his or her own affairs. Any such records,
    25  relating  to  persons  residing in the county of Suffolk, Nassau, Kings,
    26  Queens, Richmond, New York, Bronx or Westchester,  transmitted  directly
    27  to  the  federal bureau of investigation must also be transmitted to the
    28  division of criminal justice services[, and any records received by  the
    29  division  of criminal justice services pursuant to this paragraph may be
    30  checked against the statewide license and record database].
    31    § 18. Subdivision (j) of section 7.09 of the mental  hygiene  law,  as
    32  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    33    (j)  (1)  The commissioner, in cooperation with other applicable state
    34  agencies, shall collect, retain or modify data  or  records,  and  shall
    35  transmit  such  data or records: (i) to the division of criminal justice
    36  services, or to the criminal justice information  services  division  of
    37  the  federal  bureau of investigation, for the purposes of responding to
    38  queries to the national instant criminal background check system regard-
    39  ing attempts to purchase or otherwise take possession  of  firearms,  as
    40  defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
    41  or regulations, or (ii) for persons residing in the county  of  Suffolk,
    42  Nassau,  Kings, Queens, Richmond, New York, Bronx or Westchester, to the
    43  division of criminal justice services, which may re-disclose  such  data
    44  and  records  only  for determining whether a license issued pursuant to
    45  section 400.00 of the penal law should be denied, suspended or  revoked,
    46  under  subdivision  eleven of such section, or for determining whether a
    47  person is no longer permitted under federal or state law  to  possess  a
    48  firearm.  Such  records,  which  may  not be used for any other purpose,
    49  shall include only names and other non-clinical identifying  information
    50  of  persons who have been involuntarily committed to a hospital pursuant
    51  to article nine of this chapter, [or section four hundred two or  subdi-
    52  vision  two  of  section  five  hundred eight of the correction law,] or
    53  article seven hundred thirty or section 330.20 of the criminal procedure
    54  law or sections 322.2 or 353.4 of the family court act, or to  a  secure
    55  treatment facility pursuant to article ten of this chapter.

        A. 10354                            9
     1    (2)  The  commissioner  shall  establish  within  the office of mental
     2  health an administrative process to permit a person who has been or  may
     3  be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
     4  922(4)(d) or who has been or may be disqualified from continuing to have
     5  a  license  to  carry,  possess,  repair,  or dispose of a firearm under
     6  section 400.00 of the penal law because such person, who resides in  the
     7  county  of  Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx or
     8  Westchester, was involuntarily committed or civilly confined to a facil-
     9  ity under the jurisdiction of the commissioner, to petition  for  relief
    10  from  that disability where such person's record and reputation are such
    11  that such person will not be likely to act  in  a  manner  dangerous  to
    12  public safety and where the granting of the relief would not be contrary
    13  to  public  safety.  The  commissioner  shall  promulgate regulations to
    14  establish the relief from disabilities program, which shall include, but
    15  not be limited to, provisions providing for: (i) an  opportunity  for  a
    16  disqualified person to petition for relief in writing; (ii) the authori-
    17  ty  for  the  agency  to  require that the petitioner undergo a clinical
    18  evaluation and risk assessment; and (iii) a requirement that the  agency
    19  issue a decision in writing explaining the reasons for a denial or grant
    20  of  relief. The denial of a petition for relief from disabilities may be
    21  reviewed de novo pursuant to the proceedings under article seventy-eight
    22  of the civil practice law and rules.
    23    § 19. Subdivision (b) of section 9.46 of the mental  hygiene  law,  as
    24  added by chapter 1 of the laws of 2013, is amended to read as follows:
    25    (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
    26  health professional currently providing treatment services to a  person,
    27  who  resides  in the county of Suffolk, Nassau, Kings, Queens, Richmond,
    28  New York, Bronx or Westchester, determines, in the exercise  of  reason-
    29  able  professional  judgment,  that  such  person is likely to engage in
    30  conduct that would result in serious harm to self or others, he  or  she
    31  shall  be required to report, as soon as practicable, to the director of
    32  community services, or the director's designee, who shall report to  the
    33  division of criminal justice services whenever he or she agrees that the
    34  person  is  likely to engage in such conduct. Information transmitted to
    35  the division of criminal justice services shall be limited to names  and
    36  other  non-clinical  identifying information, which may only be used for
    37  determining whether a license issued pursuant to section 400.00  of  the
    38  penal  law  should be suspended or revoked, or for determining whether a
    39  person is ineligible for a license issued pursuant to section 400.00  of
    40  the  penal  law, or is no longer permitted under state or federal law to
    41  possess a firearm.
    42    § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
    43  chapter 1 of the laws of 2013, is amended to read as follows:
    44    22. "Assault weapon" means
    45    (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
    46  sion, a semiautomatic rifle that has an ability to accept  a  detachable
    47  magazine and has at least two of the following characteristics:
    48    (A) a folding or telescoping stock;
    49    (B)  a  pistol grip that protrudes conspicuously beneath the action of
    50  the weapon;
    51    (C) a bayonet mount;
    52    (D) a flash suppressor or threaded barrel designed  to  accommodate  a
    53  flash suppressor;
    54    (E) a grenade launcher; or
    55    (ii)  a  semiautomatic  shotgun that has at least two of the following
    56  characteristics:

        A. 10354                           10
     1    (A) a folding or telescoping stock;
     2    (B)  a  pistol grip that protrudes conspicuously beneath the action of
     3  the weapon;
     4    (C) a fixed magazine capacity in excess of five rounds;
     5    (D) an ability to accept a detachable magazine; or
     6    (iii) a semiautomatic pistol that has an ability to accept a  detacha-
     7  ble magazine and has at least two of the following characteristics:
     8    (A)  an ammunition magazine that attaches to the pistol outside of the
     9  pistol grip;
    10    (B) a threaded barrel capable of accepting a  barrel  extender,  flash
    11  suppressor, forward handgrip, or silencer;
    12    (C)  a  shroud  that is attached to, or partially or completely encir-
    13  cles, the barrel and that permits the shooter to hold the  firearm  with
    14  the nontrigger hand without being burned;
    15    (D)  a  manufactured weight of fifty ounces or more when the pistol is
    16  unloaded;
    17    (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
    18  or
    19    (iv) any of the weapons, or functioning frames or  receivers  of  such
    20  weapons,  or copies or duplicates of such weapons, in any caliber, known
    21  as:
    22    (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
    23  models);
    24    (B) Action Arms Israeli Military Industries UZI and Galil;
    25    (C) Beretta Ar70 (SC-70);
    26    (D) Colt AR-15;
    27    (E) Fabrique National FN/FAL, FN/LAR, and FNC;
    28    (F) SWD M-10, M-11, M-11/9, and M-12;
    29    (G) Steyr AUG;
    30    (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    31    (I) revolving cylinder shotguns, such as (or similar  to)  the  Street
    32  Sweeper and Striker 12;
    33    (v) provided, however, that such term does not include: (A) any rifle,
    34  shotgun  or pistol that (I) is manually operated by bolt, pump, lever or
    35  slide action; (II) has been rendered permanently inoperable; or (III) is
    36  an antique firearm as defined in 18 U.S.C. 921(a)(16);
    37    (B) a semiautomatic rifle that cannot  accept  a  detachable  magazine
    38  that holds more than five rounds of ammunition;
    39    (C)  a semiautomatic shotgun that cannot hold more than five rounds of
    40  ammunition in a fixed or detachable magazine;
    41    (D) a rifle, shotgun or pistol, or a replica or a  duplicate  thereof,
    42  specified  in  Appendix A to section 922 of 18 U.S.C. as such weapon was
    43  manufactured on October first, nineteen hundred ninety-three.  The  mere
    44  fact that a weapon is not listed in Appendix A shall not be construed to
    45  mean that such weapon is an assault weapon; or
    46    (E)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
    47  pistol or any of the weapons defined in paragraph (d) of  this  subdivi-
    48  sion  lawfully possessed prior to September fourteenth, nineteen hundred
    49  ninety-four.
    50    (b)  (i) in the counties of Suffolk, Nassau, Kings, Queens,  Richmond,
    51  New York, Bronx and Westchester, a semiautomatic rifle that has an abil-
    52  ity  to accept a detachable magazine and has at least one of the follow-
    53  ing characteristics:
    54    [(i)] (A) a folding or telescoping stock;
    55    [(ii)] (B) a pistol grip  that  protrudes  conspicuously  beneath  the
    56  action of the weapon;

        A. 10354                           11
     1    [(iii)] (C) a thumbhole stock;
     2    [(iv)]  (D) a second handgrip or a protruding grip that can be held by
     3  the non-trigger hand;
     4    [(v)] (E) a bayonet mount;
     5    [(vi)] (F) a flash suppressor, muzzle break,  muzzle  compensator,  or
     6  threaded  barrel  designed  to  accommodate  a  flash suppressor, muzzle
     7  break, or muzzle compensator;
     8    [(vii)] (G) a grenade launcher; or
     9    [(b)] (ii) a semiautomatic shotgun  that  has  at  least  one  of  the
    10  following characteristics:
    11    [(i)] (A) a folding or telescoping stock;
    12    [(ii)] (B) a thumbhole stock;
    13    [(iii)] (C) a second handgrip or a protruding grip that can be held by
    14  the non-trigger hand;
    15    [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
    16    [(v)] (E) an ability to accept a detachable magazine; or
    17    [(c)]  (iii)  a  semiautomatic  pistol that has an ability to accept a
    18  detachable magazine and has at least one  of  the  following  character-
    19  istics:
    20    [(i)] (A) a folding or telescoping stock;
    21    [(ii)] (B) a thumbhole stock;
    22    [(iii)] (C) a second handgrip or a protruding grip that can be held by
    23  the non-trigger hand;
    24    [(iv)]  (D) capacity to accept an ammunition magazine that attaches to
    25  the pistol outside of the pistol grip;
    26    [(v)] (E) a threaded barrel capable of accepting  a  barrel  extender,
    27  flash suppressor, forward handgrip, or silencer;
    28    [(vi)]  (F)  a  shroud that is attached to, or partially or completely
    29  encircles, the barrel and that permits the shooter to hold  the  firearm
    30  with the non-trigger hand without being burned;
    31    [(vii)]  (G)  a  manufactured  weight of fifty ounces or more when the
    32  pistol is unloaded; or
    33    [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
    34  firearm;
    35    [(d)] (iv) a revolving cylinder shotgun;
    36    [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a  semiau-
    37  tomatic pistol or weapon defined in subparagraph (v) of paragraph (e) of
    38  subdivision  twenty-two  of  section  265.00 of this chapter as added by
    39  chapter one hundred eighty-nine of the laws of two thousand  and  other-
    40  wise  lawfully  possessed  pursuant  to  such chapter of the laws of two
    41  thousand prior to September fourteenth, nineteen hundred ninety-four;
    42    [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
    43  tomatic pistol or weapon defined in paragraph (a), (b) or  (c)  of  this
    44  subdivision,  possessed prior to the date of enactment of the chapter of
    45  the laws of two thousand thirteen which added this paragraph;
    46    [(g)] (vii) provided, however, that such term does not include:
    47    [(i)] (A) any rifle, shotgun or pistol  that  [(A)]  (I)  is  manually
    48  operated  by  bolt,  pump,  lever  or  slide action; [(B)] (II) has been
    49  rendered permanently inoperable; or [(C)] (III) is an antique firearm as
    50  defined in 18 U.S.C.  921(a)(16);
    51    [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
    52  zine that holds more than five rounds of ammunition;
    53    [(iii)] (C) a semiautomatic shotgun that cannot hold  more  than  five
    54  rounds of ammunition in a fixed or detachable magazine; or
    55    [(iv)]  (D)  a  rifle,  shotgun or pistol, or a replica or a duplicate
    56  thereof, specified in Appendix A to 18 U.S.C. 922  as  such  weapon  was

        A. 10354                           12
     1  manufactured  on  October first, nineteen hundred ninety-three. The mere
     2  fact that a weapon is not listed in Appendix A shall not be construed to
     3  mean that such weapon is an assault weapon;
     4    [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
     5  sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
     6  subject to the provisions of [paragraph (h)] subparagraph (viii) of this
     7  [subdivision] paragraph;
     8    [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
     9  least fifty years prior to the current date, but not including  replicas
    10  thereof  that is validly registered pursuant to subdivision sixteen-a of
    11  section 400.00 of this chapter;
    12    [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
    13  (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
    14  nition feeding device that was legally possessed by an individual  prior
    15  to  the  enactment  of  the chapter of the laws of two thousand thirteen
    16  which added this paragraph, may only  be  sold  to,  exchanged  with  or
    17  disposed  of  to a purchaser authorized to possess such weapons or to an
    18  individual or entity outside of the state provided that any such  trans-
    19  fer  to an individual or entity outside of the state must be reported to
    20  the entity wherein the weapon is registered within seventy-two hours  of
    21  such  transfer.  An  individual  who  transfers any such weapon or large
    22  capacity ammunition device to an individual inside  New  York  state  or
    23  without  complying with the provisions of this paragraph shall be guilty
    24  of a class A misdemeanor unless such large capacity  ammunition  feeding
    25  device,  the  possession  of which is made illegal by the chapter of the
    26  laws of two thousand thirteen which added this [paragraph] subparagraph,
    27  is transferred within one year of the effective date of the  chapter  of
    28  the  laws of two thousand thirteen which added this [paragraph] subpara-
    29  graph.
    30    § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
    31  chapter 1 of the laws of 2013, is amended to read as follows:
    32    23. "Large capacity ammunition feeding device" means a magazine, belt,
    33  drum, feed strip, or similar device, manufactured after September  thir-
    34  tieth,  nineteen  hundred  ninety-four, that [(a)] has a capacity of, or
    35  that can be readily restored or  converted  to  accept,  more  than  ten
    36  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
    37  tion,  or (c) is obtained after the effective date of the chapter of the
    38  laws of two thousand thirteen which amended this subdivision and  has  a
    39  capacity  of,  or  that  can be readily restored or converted to accept,
    40  more than seven rounds of ammunition]; provided, however, that such term
    41  does not include an attached tubular  device  designed  to  accept,  and
    42  capable  of  operating  only  with, .22 caliber rimfire ammunition [or a
    43  feeding device that is a curio or relic. A  feeding  device  that  is  a
    44  curio or relic is defined as a device that (i) was manufactured at least
    45  fifty  years  prior  to  the current date, (ii) is only capable of being
    46  used exclusively in a firearm, rifle, or shotgun that  was  manufactured
    47  at least fifty years prior to the current date, but not including repli-
    48  cas  thereof,  (iii) is possessed by an individual who is not prohibited
    49  by state or federal law from possessing a firearm and (iv) is registered
    50  with the division of state police pursuant to subdivision  sixteen-a  of
    51  section  400.00 of this chapter, except such feeding devices transferred
    52  into the state may be registered at any time, provided they  are  regis-
    53  tered within thirty days of their transfer into the state. Notwithstand-
    54  ing  paragraph (h) of subdivision twenty-two of this section, such feed-
    55  ing devices may be transferred provided  that  such  transfer  shall  be

        A. 10354                           13

     1  subject  to  the  provisions of section 400.03 of this chapter including
     2  the check required to be conducted pursuant to such section].
     3    §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
     4  chapter 1 of the laws of 2013, is amended to read as follows:
     5    24. "Seller of ammunition" means any person, firm, partnership, corpo-
     6  ration or company who engages in the business of purchasing, selling  or
     7  keeping  ammunition  in  the  county  of Suffolk, Nassau, Kings, Queens,
     8  Richmond, New York, Bronx or Westchester.
     9    § 23. The opening paragraph of section 265.01-b of the penal  law,  as
    10  added by chapter 1 of the laws of 2013, is amended to read as follows:
    11    A person is guilty of criminal possession of a firearm when he or she,
    12  being  a resident of the county of Suffolk, Nassau, Kings, Queens, Rich-
    13  mond, New York, Bronx or Westchester:  (1) possesses any firearm or; (2)
    14  lawfully possesses a firearm prior to the effective date of the  chapter
    15  of the laws of two thousand thirteen which added this section subject to
    16  the registration requirements of subdivision sixteen-a of section 400.00
    17  of this chapter and knowingly fails to register such firearm pursuant to
    18  such subdivision.
    19    §  24.  Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
    20  penal law, paragraph 3 as amended and paragraph 7-f as added by  chapter
    21  1 of the laws of 2013, are amended to read as follows:
    22    3.  Possession  of  a pistol or revolver by a person to whom a license
    23  therefor has been issued as provided under section 400.00 or  400.01  of
    24  this  chapter  or  possession,  in the county of Suffolk, Nassau, Kings,
    25  Queens, Richmond, New York, Bronx or Westchester, of a weapon as defined
    26  in subparagraph (v) or (vi) of paragraph [(e) or (f)] (b) of subdivision
    27  twenty-two of section 265.00 of this article which is registered  pursu-
    28  ant  to paragraph (a) of subdivision sixteen-a of section 400.00 of this
    29  chapter or is included on an amended license issued pursuant to  section
    30  400.00 of this chapter. In the event such license is revoked, other than
    31  because such licensee is no longer permitted to possess a firearm, rifle
    32  or shotgun under federal or state law, information sufficient to satisfy
    33  the  requirements  of  subdivision  sixteen-a  of section 400.00 of this
    34  chapter, shall be transmitted by the licensing officer to  the  division
    35  of  state police, in a form as determined by the superintendent of state
    36  police. Such transmission shall constitute a  valid  registration  under
    37  such  section.  Further  provided,  notwithstanding any other section of
    38  this title, a failure to register such weapon by an individual,  in  the
    39  county  of  Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx or
    40  Westchester, who possesses such weapon before the enactment of the chap-
    41  ter of the laws of two thousand thirteen which  amended  this  paragraph
    42  and  may so lawfully possess it thereafter upon registration, shall only
    43  be subject to  punishment  pursuant  to  paragraph  (c)  of  subdivision
    44  sixteen-a  of  section  400.00  of  this  chapter; provided, that such a
    45  license or registration shall not preclude a conviction for the  offense
    46  defined  in  subdivision  three  of  section  265.01  of this article or
    47  section 265.01-a of this article.
    48    7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
    49  device,  in  the county of Suffolk, Nassau, Kings, Queens, Richmond, New
    50  York, Bronx or Westchester, that contains  more  than  seven  rounds  of
    51  ammunition,  but  that  does  not  have  a capacity of or can readily be
    52  restored or converted to accept more than ten rounds of  ammunition,  at
    53  an  indoor  or  outdoor  firing range located in or on premises owned or
    54  occupied by a duly incorporated organization organized for  conservation
    55  purposes  or  to  foster  proficiency  in  arms; at an indoor or outdoor
    56  firing range for the purpose of firing a rifle or shotgun; at a collegi-

        A. 10354                           14
     1  ate, olympic or target shooting competition under  the  auspices  of  or
     2  approved  by  the  national  rifle association; or at an organized match
     3  sanctioned by the International Handgun Metallic Silhouette Association.
     4    §  25.  The  opening  paragraph of section 265.36 of the penal law, as
     5  added by chapter 1 of the laws of 2013, is amended to read as follows:
     6    It shall be unlawful for a person, in the county of  Suffolk,  Nassau,
     7  Kings,  Queens,  Richmond,  New York, Bronx or Westchester, to knowingly
     8  possess a large capacity ammunition feeding device  manufactured  before
     9  September  thirteenth,  nineteen hundred ninety-four, and if such person
    10  lawfully possessed such large capacity feeding device before the  effec-
    11  tive  date  of  the  chapter  of the laws of two thousand thirteen which
    12  added this section, that has a capacity  of,  or  that  can  be  readily
    13  restored or converted to accept, more than ten rounds of ammunition.
    14    §  26.  The  opening  paragraph of section 265.37 of the penal law, as
    15  amended by section 2 of part FF of chapter 57 of the laws  of  2013,  is
    16  amended to read as follows:
    17    It  shall be unlawful for a person to knowingly possess, in the county
    18  of Suffolk, Nassau, Kings, Queens, Richmond, New York,  Bronx  or  West-
    19  chester,  an  ammunition  feeding device where such device contains more
    20  than seven rounds of ammunition.
    21    § 27. The opening paragraph of section 265.45 of  the  penal  law,  as
    22  amended  by  section  3 of part FF of chapter 57 of the laws of 2013, is
    23  amended to read as follows:
    24    No person, residing in the county of Suffolk, Nassau,  Kings,  Queens,
    25  Richmond,  New York, Bronx or Westchester, who owns or is custodian of a
    26  rifle, shotgun or firearm who resides with an individual who such person
    27  knows or has reason to know is  prohibited  from  possessing  a  firearm
    28  pursuant  to  18  U.S.C.  §  922(g)  (1), (4), (8) or (9) shall store or
    29  otherwise leave such rifle, shotgun or firearm out of his or her immedi-
    30  ate possession or control without  having  first  securely  locked  such
    31  rifle,  shotgun  or firearm in an appropriate safe storage depository or
    32  rendered it incapable of being fired by use  of  a  gun  locking  device
    33  appropriate  to  that weapon. For purposes of this section "safe storage
    34  depository" shall mean a safe or  other  secure  container  which,  when
    35  locked,  is  incapable  of  being opened without the key, combination or
    36  other unlocking mechanism and is capable of preventing  an  unauthorized
    37  person  from  obtaining access to and possession of the weapon contained
    38  therein. With respect to a person who is prohibited  from  possessing  a
    39  firearm  pursuant  to  18 USC § 922(g)(9), for purposes of this section,
    40  this section applies only if such person has been convicted of  a  crime
    41  included  in subdivision one of section 370.15 of the criminal procedure
    42  law and such gun is possessed within five years from the  later  of  the
    43  date  of  conviction  or completion of sentence. Nothing in this section
    44  shall be deemed to affect, impair or supersede any special or local  act
    45  relating  to  the  safe  storage  of  rifles, shotguns or firearms which
    46  impose additional requirements on the owner or custodian of  such  weap-
    47  ons.
    48    §  28. Subdivision 1 of section 400.00 of the penal law, as amended by
    49  chapter 1 of the laws of 2013, is amended to read as follows:
    50    1. Eligibility. No license shall be issued or renewed pursuant to this
    51  section except by the licensing officer, and then  only  after  investi-
    52  gation  and  finding  that  all statements in a proper application for a
    53  license are true. No license shall be issued or renewed  except  for  an
    54  applicant  (a) twenty-one years of age or older, provided, however, that
    55  where such applicant has  been  honorably  discharged  from  the  United
    56  States  army,  navy,  marine  corps,  air  force  or coast guard, or the

        A. 10354                           15
     1  national guard of the state of New York, no such age  restriction  shall
     2  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
     3  anywhere of a felony or a serious offense; (d) who  is  not  a  fugitive
     4  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
     5  controlled substance as defined in section 21 U.S.C. 802; (f) who  being
     6  an alien (i) is not illegally or unlawfully in the United States or (ii)
     7  has  not  been  admitted  to the United States under a nonimmigrant visa
     8  subject to the exception in 18 U.S.C. 922(y)(2); (g) who  has  not  been
     9  discharged from the Armed Forces under dishonorable conditions; (h) who,
    10  having been a citizen of the United States, has not renounced his or her
    11  citizenship;  (i) who has stated whether he or she has ever suffered any
    12  mental illness; (j) who, being a resident  of  the  county  of  Suffolk,
    13  Nassau, Kings, Queens, Richmond, New York, Bronx or Westchester, has not
    14  been  involuntarily committed to a facility under the jurisdiction of an
    15  office of the department of mental hygiene pursuant to article  nine  or
    16  fifteen  of  the  mental  hygiene  law,  article seven hundred thirty or
    17  section 330.20 of the criminal procedure law, section four  hundred  two
    18  or  five  hundred eight of the correction law, section 322.2 or 353.4 of
    19  the family court act, or has not  been  civilly  confined  in  a  secure
    20  treatment  facility  pursuant  to article ten of the mental hygiene law;
    21  (k) who has not had a license revoked or who is not under  a  suspension
    22  or  ineligibility  order  issued  pursuant  to the provisions of section
    23  530.14  of  the  criminal  procedure  law  or  section   eight   hundred
    24  forty-two-a  of  the family court act; (l) in the county of Westchester,
    25  who has successfully completed a firearms  safety  course  and  test  as
    26  evidenced  by  a certificate of completion issued in his or her name and
    27  endorsed and affirmed under the penalties of perjury by a  duly  author-
    28  ized  instructor,  except that: (i) persons who are honorably discharged
    29  from the United States army, navy, marine corps or coast  guard,  or  of
    30  the  national  guard  of  the state of New York, and produce evidence of
    31  official qualification in firearms during the term of  service  are  not
    32  required  to  have  completed  those  hours  of a firearms safety course
    33  pertaining to the safe use, carrying, possession, maintenance and  stor-
    34  age of a firearm; and (ii) persons who were licensed to possess a pistol
    35  or  revolver  prior  to  the  effective  date  of this paragraph are not
    36  required to have completed a firearms safety course and test;  (m)  who,
    37  being  a resident of the county of Suffolk, Nassau, Kings, Queens, Rich-
    38  mond, New York, Bronx or Westchester, has not had a  guardian  appointed
    39  for him or her pursuant to any provision of state law, based on a deter-
    40  mination  that  as  a  result  of  marked subnormal intelligence, mental
    41  illness, incapacity, condition or disease, he or she  lacks  the  mental
    42  capacity  to contract or manage his or her own affairs; and (n) concern-
    43  ing whom no good cause exists for the denial of the license.  No  person
    44  shall  engage  in  the business of gunsmith or dealer in firearms unless
    45  licensed pursuant to this section. An applicant to engage in such  busi-
    46  ness  shall also be a citizen of the United States, more than twenty-one
    47  years of age and maintain a place of business  in  the  city  or  county
    48  where  the  license  is issued. For such business, if the applicant is a
    49  firm or partnership, each member thereof shall comply with  all  of  the
    50  requirements  set  forth  in  this subdivision and if the applicant is a
    51  corporation, each officer thereof shall so comply.
    52    § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
    53  law, as amended by chapter 1 of the laws of 2013, are amended to read as
    54  follows:
    55    4.  Investigation.  Before a license is issued or renewed, there shall
    56  be an investigation of all statements required in the application by the

        A. 10354                           16
     1  duly constituted police authorities of the locality where such  applica-
     2  tion  is  made[,  including  but  not  limited to such records as may be
     3  accessible to the division of  state  police  or  division  of  criminal
     4  justice  services  pursuant to section 400.02 of this article]. For that
     5  purpose, the records of the appropriate  office  of  the  department  of
     6  mental  hygiene  concerning  previous  or  present mental illness of the
     7  applicant shall be available for inspection by the investigating officer
     8  of the police authority. In order to  ascertain  any  previous  criminal
     9  record,  the investigating officer shall take the fingerprints and phys-
    10  ical descriptive data in quadruplicate of each individual  by  whom  the
    11  application  is  signed  and  verified.  Two copies of such fingerprints
    12  shall be taken on standard fingerprint cards eight  inches  square,  and
    13  one copy may be taken on a card supplied for that purpose by the federal
    14  bureau of investigation; provided, however, that in the case of a corpo-
    15  rate applicant that has already been issued a dealer in firearms license
    16  and  seeks  to  operate  a  firearm dealership at a second or subsequent
    17  location, the original fingerprints on file may be used to ascertain any
    18  criminal record in the second or subsequent application  unless  any  of
    19  the  corporate  officers  have  changed  since the prior application, in
    20  which case the  new  corporate  officer  shall  comply  with  procedures
    21  governing  an  initial application for such license. When completed, one
    22  standard card shall be forwarded to and  retained  by  the  division  of
    23  criminal  justice  services  in  the  executive department, at Albany. A
    24  search of the files of such division and  written  notification  of  the
    25  results of the search to the investigating officer shall be made without
    26  unnecessary  delay. Thereafter, such division shall notify the licensing
    27  officer and the executive department, division of state police,  Albany,
    28  of  any criminal record of the applicant filed therein subsequent to the
    29  search of its files. A second standard card, or the one supplied by  the
    30  federal  bureau of investigation, as the case may be, shall be forwarded
    31  to that bureau at Washington with a request that the files of the bureau
    32  be searched and notification of the results of the search be made to the
    33  investigating police authority. Of the remaining two fingerprint  cards,
    34  one  shall  be  filed  with  the executive department, division of state
    35  police, Albany, within ten days after issuance of the license,  and  the
    36  other  remain  on  file with the investigating police authority. No such
    37  fingerprints may be inspected by any person other than a peace  officer,
    38  who  is  acting  pursuant  to  his  special duties, or a police officer,
    39  except on order of a judge or justice of a court of record  either  upon
    40  notice  to  the  licensee or without notice, as the judge or justice may
    41  deem appropriate. Upon  completion  of  the  investigation,  the  police
    42  authority  shall  report  the  results  to the licensing officer without
    43  unnecessary delay.
    44    5. Filing of  approved  applications.  (a)  The  application  for  any
    45  license,  if  granted,  shall be filed by the licensing officer with the
    46  clerk of the county of issuance, except that in the  city  of  New  York
    47  and,  in the counties of Nassau and Suffolk, the licensing officer shall
    48  designate the place of filing in the  appropriate  division,  bureau  or
    49  unit  of the police department thereof, and in the county of Suffolk the
    50  county clerk is hereby authorized to transfer all  records  or  applica-
    51  tions  relating  to  firearms to the licensing authority of that county.
    52  Except as provided in paragraphs (b) through (f)  of  this  subdivision,
    53  the  name  and  address  of  any  person  to whom an application for any
    54  license has been granted shall be a public record. Upon application by a
    55  licensee who has changed his place of residence such records or applica-
    56  tions shall be transferred to the appropriate officer at the  licensee's

        A. 10354                           17
     1  new  place  of  residence. A duplicate copy of such application shall be
     2  filed by the licensing officer in the executive department, division  of
     3  state police, Albany, within ten days after issuance of the license. The
     4  superintendent of state police may designate that such application shall
     5  be  transmitted  to  the division of state police electronically. In the
     6  event the superintendent of the division of state police determines that
     7  it lacks any of the records required to be filed with the  division,  it
     8  may  request  that  such  records  be  provided to it by the appropriate
     9  clerk, department or authority and such clerk, department  or  authority
    10  shall  provide  the division with such records. In the event such clerk,
    11  department or authority lacks such records, the division may request the
    12  license holder provide information sufficient to constitute such  record
    13  and  such  license  holder shall provide the division with such informa-
    14  tion. Such information shall be limited to the  license  holder's  name,
    15  date of birth, gender, race, residential address, social security number
    16  and  firearms possessed by said license holder. Nothing in this subdivi-
    17  sion shall be construed to change the expiration date or  term  of  such
    18  licenses  if  otherwise  provided  for  in  law.  [Records  assembled or
    19  collected for purposes of inclusion in the database established by  this
    20  section  shall  be released pursuant to a court order. Records assembled
    21  or collected for purposes of inclusion in the database created  pursuant
    22  to  section  400.02  of  this chapter shall not be subject to disclosure
    23  pursuant to article six of the public officers law.]
    24    (b) Each application for a license pursuant to paragraph (a)  of  this
    25  subdivision  shall  include,  on a separate written form prepared by the
    26  division of state police within thirty days of the effective date of the
    27  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    28  section,  and provided to the applicant at the same time and in the same
    29  manner as the application for a license, an opportunity for  the  appli-
    30  cant  to  request  an  exception from his or her application information
    31  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    32  Such  forms,  which  shall also be made available to individuals who had
    33  applied for or been granted a license prior to the effective date of the
    34  chapter of the laws of two thousand thirteen which amended this section,
    35  shall notify applicants that, upon discovery that an applicant knowingly
    36  provided false information, such applicant may be subject  to  penalties
    37  pursuant to section 175.30 of this chapter, and further, that his or her
    38  request  for  an exception shall be null and void, provided that written
    39  notice containing such  determination  is  provided  to  the  applicant.
    40  Further, such forms shall provide each applicant an opportunity to spec-
    41  ify  the  grounds  on  which  he  or she believes his or her application
    42  information should not be publicly disclosed. These grounds, which shall
    43  be identified on the application with a box beside each for checking, as
    44  applicable, by the applicant, shall be as follows:
    45    (i) the applicant's life or safety may  be  endangered  by  disclosure
    46  because:
    47    (A)  the applicant is an active or retired police officer, peace offi-
    48  cer, probation officer, parole officer, or corrections officer;
    49    (B) the applicant is a protected person under a currently valid  order
    50  of protection;
    51    (C) the applicant is or was a witness in a criminal proceeding involv-
    52  ing a criminal charge;
    53    (D)  the  applicant  is  participating or previously participated as a
    54  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    55  or

        A. 10354                           18
     1    (E) the applicant is a spouse, domestic partner or household member of
     2  a  person  identified  in this subparagraph or subparagraph (ii) of this
     3  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
     4  apply.
     5    (ii) the applicant has reason to believe his or her life or safety may
     6  be endangered by disclosure due to reasons stated by the applicant.
     7    (iii)  the applicant has reason to believe he or she may be subject to
     8  unwarranted harassment upon disclosure of such information.
     9    (c) Each form provided for recertification pursuant to  paragraph  (b)
    10  of  subdivision ten of this section shall include an opportunity for the
    11  applicant to request an exception from the information provided on  such
    12  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    13  sion. Such forms shall notify applicants that, upon  discovery  that  an
    14  applicant  knowingly  provided  false information, such applicant may be
    15  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    16  further,  that  his  or  her  request for an exception shall be null and
    17  void, provided that written  notice  containing  such  determination  is
    18  provided to the applicant. Further, such forms shall provide each appli-
    19  cant  an opportunity to either decline to request the grant or continua-
    20  tion of an exception, or specify the grounds on which he or she believes
    21  his or her information should not be publicly disclosed. These  grounds,
    22  which  shall be identified in the application with a box beside each for
    23  checking, as applicable, by the applicant, shall be the same as provided
    24  in paragraph (b) of this subdivision.
    25    (d) Information submitted on the forms described in paragraph  (b)  of
    26  this subdivision shall be excepted from disclosure and maintained by the
    27  entity  retaining  such  information  separate  and apart from all other
    28  records.
    29    (e) (i) Upon receiving a request for exception  from  disclosure,  the
    30  licensing  officer  shall  grant  such  exception, unless the request is
    31  determined to be null and void, pursuant to paragraph (b) or (c) of this
    32  subdivision.
    33    (ii) A request for an exception from disclosure may  be  submitted  at
    34  any time, including after a license or recertification has been granted.
    35    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    36  of this subdivision, the application information  shall  not  be  public
    37  record,  unless  the  request  is  determined to be null and void. If an
    38  exception is sought and granted pursuant to paragraph (c) of this subdi-
    39  vision, the  information  concerning  such  recertification  application
    40  shall  not be public record, unless the request is determined to be null
    41  and void.
    42    (f) The information of licensees or applicants for a license shall not
    43  be disclosed to the public during the  first  one  hundred  twenty  days
    44  following  the effective date of the chapter of the laws of two thousand
    45  thirteen, which amended this section. After such period, the information
    46  of those who had applied for or been granted  a  license  prior  to  the
    47  preparation  of  the form for requesting an exception, pursuant to para-
    48  graph (b) of this subdivision, may be released only if such  individuals
    49  did not file a request for such an exception during the first sixty days
    50  following  such  preparation;  provided,  however,  that  no information
    51  contained in an application for licensure or  recertification  shall  be
    52  disclosed  by  an  entity  that  has  not  completed processing any such
    53  requests received during such sixty days.
    54    (g) If a request for an exception is determined to be  null  and  void
    55  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    56  request review of such determination pursuant to  article  seventy-eight

        A. 10354                           19
     1  of  the  civil  practice  [laws]  law  and  rules.  Such proceeding must
     2  commence within thirty days after service of the written notice contain-
     3  ing the adverse determination. Notice of the right to  commence  such  a
     4  petition,  and the time period therefor, shall be included in the notice
     5  of the determination. Disclosure following such a petition shall not  be
     6  made prior to the disposition of such review.
     7    10.  License:  expiration,  certification and renewal. (a) Any license
     8  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
     9  license  to  carry  or  possess a pistol or revolver, issued at any time
    10  pursuant to this section or prior to the first  day  of  July,  nineteen
    11  hundred  sixty-three  and not limited to expire on an earlier date fixed
    12  in the license, shall expire not more than three years after the date of
    13  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
    14  license  to  carry  or  possess a pistol or revolver, issued at any time
    15  pursuant to this section or prior to the first  day  of  July,  nineteen
    16  hundred  sixty-three  and not limited to expire on an earlier date fixed
    17  in the license, shall expire not more than five years after the date  of
    18  issuance;  however, in the county of Westchester, any such license shall
    19  be certified prior to the first day of April, two thousand,  in  accord-
    20  ance  with  a schedule to be contained in regulations promulgated by the
    21  commissioner of the division of criminal  justice  services,  and  every
    22  such  license  shall  be  recertified  every  five years thereafter. For
    23  purposes of this section certification  shall  mean  that  the  licensee
    24  shall  provide  to the licensing officer the following information only:
    25  current name, date of birth, current address, and the make, model, cali-
    26  ber and serial number of all firearms currently possessed. Such  certif-
    27  ication  information shall be filed by the licensing officer in the same
    28  manner as an amendment. Elsewhere than in the city of New York  and  the
    29  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    30  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    31  section  or prior to the first day of July, nineteen hundred sixty-three
    32  and not previously revoked or cancelled, shall be in  force  and  effect
    33  until  revoked  as herein provided. Any license not previously cancelled
    34  or revoked shall remain in full force and effect for thirty days  beyond
    35  the  stated  expiration date on such license. Any application to renew a
    36  license that has not previously expired, been revoked or cancelled shall
    37  thereby extend the term of the license until disposition of the applica-
    38  tion by the licensing officer. In the case of a license for gunsmith  or
    39  dealer  in  firearms,  in  counties having a population of less than two
    40  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    41  submitted  on  original applications and upon renewal thereafter only at
    42  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
    43  original  license has been despoiled, lost or otherwise removed from the
    44  possession of the licensee and upon application containing an additional
    45  photograph of the licensee, the licensing officer shall issue  a  dupli-
    46  cate license.
    47    (b)  All  licensees,  who  reside  in the county of Suffolk, Nassau or
    48  Westchester, shall be recertified to the division of state police  every
    49  five  years thereafter. Any license to such a licensee issued before the
    50  effective date of the chapter of the laws of two thousand thirteen which
    51  added this paragraph shall be recertified by the licensee on  or  before
    52  January  thirty-first, two thousand eighteen, and not less than one year
    53  prior to such date, the division of state police shall send a notice  to
    54  all  such  license  holders  who have not recertified by such time. Such
    55  recertification shall be in a form as approved by the superintendent  of
    56  state  police,  which  shall  request the license holder's name, date of

        A. 10354                           20
     1  birth,  gender,  race,  residential  address,  social  security  number,
     2  firearms  possessed  by such license holder, email address at the option
     3  of the license holder and an affirmation that such license holder is not
     4  prohibited  from  possessing  firearms. The form may be in an electronic
     5  form if so designated by the superintendent of state police. Failure  to
     6  recertify  shall  act as a revocation of such license. If the [New York]
     7  division of state police [discover] discovers as a result of the  recer-
     8  tification  process  that  a  licensee  failed  to  provide  a change of
     9  address, the [New York] division of state police shall not  require  the
    10  licensing officer to revoke such license.
    11    11. License: revocation and suspension. (a) The conviction of a licen-
    12  see  anywhere  of a felony or serious offense [or a licensee at any time
    13  becoming ineligible to obtain a license under this section] shall  oper-
    14  ate  as  a  revocation  of  the  license.  A  license  may be revoked or
    15  suspended as provided for in section 530.14 of  the  criminal  procedure
    16  law or section eight hundred forty-two-a of the family court act. Except
    17  for  a  license  issued  pursuant  to  section 400.01 of this article, a
    18  license may be revoked and cancelled at any time  in  the  city  of  New
    19  York,  and in the counties of Nassau and Suffolk, by the licensing offi-
    20  cer, and elsewhere than in the city of New York by any judge or  justice
    21  of  a  court  of  record; a license issued pursuant to section 400.01 of
    22  this article may be revoked and cancelled at any time by  the  licensing
    23  officer  or  any  judge  or  justice  of a court of record. The official
    24  revoking a license shall give written notice thereof without unnecessary
    25  delay to the executive department, division of state police, Albany, and
    26  shall also notify immediately the duly constituted police authorities of
    27  the locality.
    28    (b) Whenever the director of  community  services  in  the  county  of
    29  Suffolk,  Nassau, Kings, Queens, Richmond, New York, Bronx and Westches-
    30  ter, or his or her designee makes a report pursuant to section  9.46  of
    31  the  mental hygiene law, the division of criminal justice services shall
    32  convey such information, whenever it determines that the person named in
    33  the report possesses a license issued pursuant to this section,  to  the
    34  appropriate  licensing  official, who shall issue an order suspending or
    35  revoking such license.
    36    (c) In any instance in  which  a  person's  license  is  suspended  or
    37  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
    38  shall surrender such license to the appropriate licensing  official  and
    39  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
    40  person shall be surrendered to an appropriate law enforcement agency  as
    41  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
    42  section 265.20 of this chapter. In  the  event  such  license,  firearm,
    43  shotgun,  or  rifle  is not surrendered, such items shall be removed and
    44  declared a nuisance and any  police  officer  or  peace  officer  acting
    45  pursuant  to  his  or her special duties is authorized to remove any and
    46  all such weapons.
    47    12. Records required of gunsmiths and dealers in firearms. Any  person
    48  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
    49  approved as to form, except in the city of New York, by the  superinten-
    50  dent of state police. In the record book shall be entered at the time of
    51  every  transaction  involving  a firearm the date, name, age, occupation
    52  and residence of any person from whom a firearm is received or to whom a
    53  firearm is delivered, and the calibre, make, model, manufacturer's  name
    54  and  serial number, or if none, any other distinguishing number or iden-
    55  tification mark on such firearm. Before  delivering  a  firearm  to  any
    56  person, the licensee shall require him to produce either a license valid

        A. 10354                           21
     1  under  this  section  to  carry  or possess the same, or proof of lawful
     2  authority as an exempt person pursuant to section 265.20.  In  addition,
     3  before delivering a firearm to a peace officer, the licensee shall veri-
     4  fy  that  person's  status as a peace officer with the division of state
     5  police. After completing the foregoing, the licensee  shall  remove  and
     6  retain the attached coupon and enter in the record book the date of such
     7  license,  number, if any, and name of the licensing officer, in the case
     8  of the holder of a license to carry or possess, or the shield  or  other
     9  number,  if  any, assignment and department, unit or agency, in the case
    10  of an exempt person. The original transaction report shall be  forwarded
    11  to  the division of state police within ten days of delivering a firearm
    12  to any person, and a duplicate copy shall be kept by the  licensee.  The
    13  superintendent  of  state police may designate that such record shall be
    14  completed and transmitted in electronic form. A dealer may be granted  a
    15  waiver  from  transmitting such records in electronic form if the super-
    16  intendent determines that such dealer is incapable of such  transmission
    17  due  to  technological  limitations  that  are not reasonably within the
    18  control of the dealer, or other exceptional  circumstances  demonstrated
    19  by  the  dealer, pursuant to a process established in regulation, and at
    20  the discretion of the superintendent. [Records  assembled  or  collected
    21  for  purposes  of  inclusion in the database created pursuant to section
    22  400.02 of this article shall not be subject to  disclosure  pursuant  to
    23  article  six of the public officers law.] The record book shall be main-
    24  tained on the premises mentioned and described in the license and  shall
    25  be  open  at  all  reasonable hours for inspection by any peace officer,
    26  acting pursuant to his special duties, or police officer. In  the  event
    27  of  cancellation  or revocation of the license for gunsmith or dealer in
    28  firearms, or discontinuance of business by a licensee, such record  book
    29  shall be immediately surrendered to the licensing officer in the city of
    30  New  York,  and  in the counties of Nassau and Suffolk, and elsewhere in
    31  the state to the executive department, division of state police.
    32    § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
    33  chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
    34  the laws of 2013, is amended to read as follows:
    35    16-a. Registration. (a) An owner of a weapon defined in paragraph  (e)
    36  or  (f) of subdivision twenty-two of section 265.00 of this chapter, who
    37  resides in the county of Suffolk, Nassau, Kings, Queens,  Richmond,  New
    38  York,  Bronx  or Westchester, possessed before the date of the effective
    39  date of the chapter of the laws of two  thousand  thirteen  which  added
    40  this  paragraph,  must  make an application to register such weapon with
    41  the superintendent of state police, in the manner provided by the super-
    42  intendent, or by amending a license  issued  pursuant  to  this  section
    43  within  one  year  of  the effective date of this subdivision except any
    44  weapon defined under subparagraph (vi) of paragraph (g)  of  subdivision
    45  twenty-two  of section 265.00 of this chapter transferred into the state
    46  may be registered at any time,  provided  such  weapons  are  registered
    47  within thirty days of their transfer into the state. Registration infor-
    48  mation shall include the registrant's name, date of birth, gender, race,
    49  residential  address,  social  security number and a description of each
    50  weapon being registered.  A  registration  in  the  county  of  Suffolk,
    51  Nassau,  Kings, Queens, Richmond, New York, Bronx or Westchester, of any
    52  weapon defined under subparagraph (vi) of paragraph (g)  of  subdivision
    53  twenty-two of section 265.00 or a feeding device as defined under subdi-
    54  vision twenty-three of section 265.00 of this chapter shall be transfer-
    55  able,  provided  that  the  seller notifies the division of state police
    56  within seventy-two hours of the transfer  and  the  buyer  provides  the

        A. 10354                           22
     1  division  of  state  police  with information sufficient to constitute a
     2  registration under this section. Such registration shall not be valid if
     3  such registrant is prohibited or becomes prohibited  from  possessing  a
     4  firearm  pursuant  to  state  or  federal  law. The superintendent shall
     5  determine whether  such  registrant  is  prohibited  from  possessing  a
     6  firearm  under  state  or  federal  law.  Such check shall be limited to
     7  determining whether the factors in 18 USC 922 (g)  apply  or  whether  a
     8  registrant  has been convicted of a serious offense as defined in subdi-
     9  vision sixteen-b of section 265.00 of this chapter, so  as  to  prohibit
    10  such registrant from possessing a firearm, and whether a report has been
    11  issued  pursuant  to section 9.46 of the mental hygiene law.  [All] Such
    12  registrants shall recertify to the division of state police  every  five
    13  years  thereafter.  Failure to recertify shall result in a revocation of
    14  such registration.
    15    (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
    16  this  subdivision,  an  owner,  who  resides  in  the county of Suffolk,
    17  Nassau, Kings, Queens, Richmond, New York, Bronx or Westchester,  of  an
    18  assault weapon as defined in subdivision twenty-two of section 265.00 of
    19  this  chapter,  who  is  a  qualified  retired  New  York or federal law
    20  enforcement officer as defined in  subdivision  twenty-five  of  section
    21  265.00  of this chapter, where such weapon was issued to or purchased by
    22  such officer prior to retirement and in the course of his or  her  offi-
    23  cial duties, and for which such officer was qualified by the agency that
    24  employed  such  officer within twelve months prior to his or her retire-
    25  ment, must register such weapon within sixty days of retirement.
    26    (b) The superintendent of state police shall create  and  maintain  an
    27  internet  website  to  educate  the  public, who reside in the county of
    28  Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx  or  Westches-
    29  ter, as to which semiautomatic rifle, semiautomatic shotgun or semiauto-
    30  matic  pistol or weapon that are illegal as a result of the enactment of
    31  the chapter of the laws of two thousand thirteen which added this  para-
    32  graph,  as  well  as  such assault weapons which are illegal pursuant to
    33  article two hundred sixty-five  of  this  chapter.  Such  website  shall
    34  contain information to assist [the] such public in recognizing the rele-
    35  vant features proscribed by such article two hundred sixty-five, as well
    36  as which make and model of weapons that require registration.
    37    (c)  A  person,  who  resides in the county of Suffolk, Nassau, Kings,
    38  Queens, Richmond, New York, Bronx or Westchester, who knowingly fails to
    39  apply to register such weapon, as required by this section,  within  one
    40  year  of  the  effective date of the chapter of the laws of two thousand
    41  thirteen which added this paragraph shall be guilty of a class A  misde-
    42  meanor  and  such  person who unknowingly fails to validly register such
    43  weapon within such one year period shall be given a warning by an appro-
    44  priate law enforcement authority about such  failure  and  given  thirty
    45  days  in  which  to  apply to register such weapon or to surrender it. A
    46  failure to apply or surrender such weapon within such thirty-day  period
    47  shall result in such weapon being removed by an appropriate law enforce-
    48  ment authority and declared a nuisance.
    49    § 31. Section 400.02 of the penal law is REPEALED.
    50    §  32.  Section  400.03 of the penal law, as added by chapter 1 of the
    51  laws of 2013, is amended to read as follows:
    52  § 400.03 Sellers of ammunition.
    53    1. A seller of ammunition as defined  in  subdivision  twenty-four  of
    54  section  265.00 of this chapter doing business in the county of Suffolk,
    55  Nassau, Kings, Queens, Richmond, New York, Bronx or  Westchester,  shall
    56  register with the superintendent of state police in a manner provided by

        A. 10354                           23
     1  the  superintendent.  Any  dealer  in  firearms that is validly licensed
     2  pursuant to section 400.00 of this article  shall  not  be  required  to
     3  complete such registration.
     4    2.  Any  seller  of ammunition or dealer in firearms doing business in
     5  the county of Suffolk, Nassau, Kings, Queens, Richmond, New York,  Bronx
     6  or  Westchester,  shall  keep  a  record book approved as to form by the
     7  superintendent of state police. In the record book shall be  entered  at
     8  the  time of every transaction involving ammunition the date, name, age,
     9  occupation and residence of any person from whom ammunition is  received
    10  or to whom ammunition is delivered, and the amount, calibre, manufactur-
    11  er's name and serial number, or if none, any other distinguishing number
    12  or  identification  mark  on  such  ammunition. The record book shall be
    13  maintained on the premises mentioned and described in  the  license  and
    14  shall  be open at all reasonable hours for inspection by any peace offi-
    15  cer, acting pursuant to his or her special duties,  or  police  officer.
    16  Any record produced pursuant to this section and any transmission there-
    17  of  to any government agency shall not be considered a public record for
    18  purposes of article six of the public officers law.
    19    3. [No later than thirty days after the superintendent  of  the  state
    20  police  certifies  that the statewide license and record database estab-
    21  lished pursuant to section 400.02 of this article is operational for the
    22  purposes of this section, a] A dealer in firearms licensed  pursuant  to
    23  section  400.00  of  this  article, a seller of ammunition as defined in
    24  subdivision twenty-four of section 265.00 of this chapter doing business
    25  in the county of Suffolk, Nassau, Kings,  Queens,  Richmond,  New  York,
    26  Bronx  or  Westchester,  shall  not transfer any ammunition to any other
    27  person who is not a dealer in firearms as defined in subdivision nine of
    28  such section 265.00 or a seller of ammunition as defined in  subdivision
    29  twenty-four of section 265.00 of this chapter, unless:
    30    (a)  before  the  completion  of  the transfer, the licensee or seller
    31  contacts the [statewide license and record database]  superintendent  of
    32  state police and provides the [database] superintendent with information
    33  sufficient to identify such dealer or seller, transferee based on infor-
    34  mation  on  the transferee's identification document as defined in para-
    35  graph (c) of this subdivision, as well as the amount, calibre,  manufac-
    36  turer's name and serial number, if any, of such ammunition;
    37    (b) the [system] superintendent provides the licensee or seller with a
    38  unique identification number; and
    39    (c)  the  transferor  has  verified  the identity of the transferee by
    40  examining a valid state identification document of the transferee issued
    41  by the department of motor vehicles or if the transferee is not a  resi-
    42  dent of the state of New York, a valid identification document issued by
    43  the  transferee's  state or country of residence containing a photograph
    44  of the transferee.
    45    4. If the [database] superintendent of state  police  determines  that
    46  the  purchaser  of ammunition is eligible to possess ammunition pursuant
    47  to state and federal laws, [the system] he or she shall:
    48    (a) assign a unique identification number to the transfer; and
    49    (b) provide the licensee or seller with the number.
    50    5. If the [statewide license and record  database]  superintendent  of
    51  state police notifies the licensee or seller that the information avail-
    52  able  [to the database] does not demonstrate that the receipt of ammuni-
    53  tion by such other person would violate 18 U.S.C. 922(g) or  state  law,
    54  and the licensee transfers ammunition to such other person, the licensee
    55  shall  indicate  to  the [database] superintendent that such transaction
    56  has been completed at which point a record of such transaction shall  be

        A. 10354                           24
     1  created  which  shall  be accessible by the division of state police and
     2  maintained for no longer than one year from point  of  purchase[,  which
     3  shall  not  be  incorporated  into  the database established pursuant to
     4  section  400.02  of this article or the registry established pursuant to
     5  subdivision sixteen-a of section 400.00 of this article].  The  division
     6  of  state police may share such information with a local law enforcement
     7  agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
     8  establish  probable  cause to believe that the purchaser has committed a
     9  crime absent other information tending to  prove  the  commission  of  a
    10  crime.  Records assembled or accessed pursuant to this section shall not
    11  be subject to disclosure pursuant to article six of the public  officers
    12  law.  This  requirement  of  this section shall not apply (i) if a back-
    13  ground check cannot be completed because the system is  not  operational
    14  as  determined by the superintendent of state police, or where it cannot
    15  be accessed by the practitioner due  to  a  temporary  technological  or
    16  electrical  failure,  as  set  forth  in regulation, or (ii) a dealer or
    17  seller has been granted a waiver from conducting such  background  check
    18  if  the  superintendent  of  state police determines that such dealer is
    19  incapable of such check due to technological limitations  that  are  not
    20  reasonably  within  the  control  of  the  dealer,  or other exceptional
    21  circumstances demonstrated by the dealer, pursuant to a  process  estab-
    22  lished in regulation, and at the discretion of such superintendent.
    23    6.  If  the  superintendent  of state police certifies that background
    24  checks of ammunition purchasers in the county of Suffolk, Nassau, Kings,
    25  Queens, Richmond, New  York,  Bronx  or  Westchester  may  be  conducted
    26  through  the  national  instant criminal background check system, use of
    27  that system by a dealer or seller shall be sufficient to satisfy  subdi-
    28  visions four and five of this section and such checks shall be conducted
    29  through such system, provided that a record of such transaction shall be
    30  forwarded  to  the  state police in a form determined by the superinten-
    31  dent.
    32    7. No commercial transfer of ammunition shall take place in the county
    33  of Suffolk, Nassau, Kings, Queens, Richmond, New York,  Bronx  or  West-
    34  chester  unless  a  licensed  dealer in firearms or registered seller of
    35  ammunition acts as an intermediary between the transferor and the  ulti-
    36  mate  transferee  of  the  ammunition for the purposes of contacting the
    37  statewide license and record database pursuant  to  this  section.  Such
    38  transfer  between  the  dealer  or  seller, and transferee must occur in
    39  person.
    40    8. A seller of ammunition who  fails  to  register  pursuant  to  this
    41  section  and sells ammunition, for a first offense, shall be guilty of a
    42  violation and subject to the fine of one  thousand  dollars  and  for  a
    43  second offense, shall be guilty of a class A misdemeanor.
    44    A seller of ammunition that fails to keep any record required pursuant
    45  to  this section, for a first offense shall be guilty of a violation and
    46  subject to a fine of five hundred dollars,  and  for  a  second  offense
    47  shall  be  guilty of a class B misdemeanor, and the registration of such
    48  seller shall be revoked.
    49    § 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
    50  400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
    51  are amended to read as follows:
    52    (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
    53  firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
    54  on;  (ii) in the county of Suffolk, Nassau, Kings, Queens, Richmond, New
    55  York, Bronx or Westchester, ammunition as well as a  firearm,  rifle  or
    56  shotgun  who  suffers  the loss or theft of such ammunition as well as a

        A. 10354                           25
     1  firearm, rifle or shotgun; or (iii) in the county  of  Suffolk,  Nassau,
     2  Kings,  Queens, Richmond, New York, Bronx or Westchester, ammunition and
     3  is a dealer in firearms or seller of ammunition who suffers the loss  or
     4  theft of such ammunition shall within twenty-four hours of the discovery
     5  of  the  loss or theft report the facts and circumstances of the loss or
     6  theft to a police department or sheriff's office.
     7    3. Notwithstanding any other provision of law, a  violation  of  para-
     8  graph  (a) of subdivision one of this section shall be [a class A misde-
     9  meanor] punishable only by a fine not to exceed one hundred dollars.
    10    § 34. Section 2509 of the surrogate's court procedure act, as added by
    11  chapter 1 of the laws of 2013, is amended to read as follows:
    12  § 2509. Firearms inventory
    13    Whenever, by regulation, rule or statute, a fiduciary or  attorney  of
    14  record  in  the  county of Suffolk, Nassau, Kings, Queens, Richmond, New
    15  York, Bronx or Westchester must file a list  of  assets  constituting  a
    16  decedent's  estate,  such list must include a particularized description
    17  of every firearm, shotgun and  rifle,  as  such  terms  are  defined  in
    18  section 265.00 of the penal law, that are part of such estate. Such list
    19  must  be  filed  with  the  surrogate's court in the county in which the
    20  estate proceeding, if any, is pending and a copy must be filed with  the
    21  division of criminal justice services.
    22    § 35. This act shall take effect immediately.