S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5716
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 29, 2015
                                      ___________
       Introduced by Sens. SEWARD, GALLIVAN, MARCHIONE, NOZZOLIO, O'MARA, YOUNG
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Codes
       AN  ACT  to amend the penal law, in relation to authorizing the transfer
         of certain weapons from an  estate  to  an  immediate  member  of  the
         decedent's  family;  to amend the penal law, in relation to the filing
         of approved applications for licenses to carry,  possess,  repair  and
         dispose  of  firearms; to amend the mental hygiene law, in relation to
         reports of substantial risk or threat of harm by mental health profes-
         sionals; to amend the penal law, in relation  to  licenses  to  carry,
         possess,  repair and dispose of firearms; to repeal section 265.37 and
         paragraph 7-f of subdivision a of section 265.20  of  the  penal  law,
         relating  to unlawful possession of certain ammunition feeding devices
         and the exemption of certain  ammunition  feeding  devices  at  firing
         ranges;  and  to  repeal  section  400.03 of the penal law relating to
         sellers of ammunition
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 265.37 of the penal law is REPEALED.
    2    S 2. Paragraph 7-f of subdivision a of section 265.20 of the penal law
    3  is REPEALED.
    4    S 3. Section 400.03 of the penal law is REPEALED.
    5    S  4.  Paragraph  (g) of subdivision 22 of section 265.00 of the penal
    6  law is amended by adding a new subparagraph (vii) to read as follows:
    7    (VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT  TO
    8  SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
    9  PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN  IMMEDI-
   10  ATE  FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
   11  PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR  PURPOSES  OF  THIS
   12  SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
   13  SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
   14  BUSINESS LAW;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11433-01-5
       S. 5716                             2
    1    S  5.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
    2  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
    3  follows:
    4    (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
    5  and  any  large  capacity  ammunition  feeding  device  that was legally
    6  possessed by an individual prior to the enactment of the chapter of  the
    7  laws  of  two  thousand thirteen which added this paragraph, may only be
    8  sold to, exchanged with or disposed of  to  a  purchaser  authorized  to
    9  possess  such weapons or to an individual or entity outside of the state
   10  provided that any such transfer to an individual or  entity  outside  of
   11  the  state  must  be reported to the entity wherein the weapon is regis-
   12  tered within seventy-two hours  of  such  transfer.  An  individual  who
   13  transfers  any  such  weapon  or  large capacity ammunition device to an
   14  individual  inside  New  York  state  or  without  complying  with   the
   15  provisions  of  this  paragraph shall be guilty of a class A misdemeanor
   16  unless such large capacity ammunition feeding device, the possession  of
   17  which  is  made illegal by the chapter of the laws of two thousand thir-
   18  teen which added this paragraph, is transferred within one year  of  the
   19  effective date of the chapter of the laws of two thousand thirteen which
   20  added this paragraph.
   21    (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
   22  GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F)  OF  THIS  SUBDIVISION
   23  THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
   24  TO  HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
   25  TO ONE OF HIS OR HER IMMEDIATE FAMILY  MEMBERS.  FOR  PURPOSES  OF  THIS
   26  SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
   27  SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
   28  BUSINESS LAW.
   29    S  6.  Subdivision 5 of section 400.00 of the penal law, as amended by
   30  chapter 1 of the laws of 2013, is amended to read as follows:
   31    5. Filing of approved applications.  [(a)]  The  application  for  any
   32  license,  if  granted,  shall be filed by the licensing officer with the
   33  clerk of the county of issuance, except that in the  city  of  New  York
   34  and,  in the counties of Nassau and Suffolk, the licensing officer shall
   35  designate the place of filing in the  appropriate  division,  bureau  or
   36  unit  of the police department thereof, and in the county of Suffolk the
   37  county clerk is hereby authorized to transfer all  records  or  applica-
   38  tions  relating  to  firearms to the licensing authority of that county.
   39  [Except as provided in paragraphs (b) through (f) of  this  subdivision,
   40  the  name  and  address]  THE  APPLICATION  AND  ANY SUPPORTING RECORDS,
   41  INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person  to  whom  an
   42  application  for  any  license  has  been  granted shall NOT be a public
   43  record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
   44  THE PUBLIC OFFICERS LAW. Upon application by a licensee who has  changed
   45  his  OR  HER  place  of  residence such records or applications shall be
   46  transferred to the appropriate officer at the licensee's  new  place  of
   47  residence.  A  duplicate  copy of such application shall be filed by the
   48  licensing officer  in  the  executive  department,  division  of  [state
   49  police]  CRIMINAL  JUSTICE SERVICES, Albany, within ten days after issu-
   50  ance of the license. The [superintendent] COMMISSIONER of [state police]
   51  CRIMINAL JUSTICE SERVICES may designate that such application  shall  be
   52  transmitted  to the division of [state police] CRIMINAL JUSTICE SERVICES
   53  electronically. In the event the [superintendent]  COMMISSIONER  of  the
   54  division  of [state police] CRIMINAL JUSTICE SERVICES determines that it
   55  lacks any of the records required to be filed with the division, it  may
   56  request  that  such  records be provided to it by the appropriate clerk,
       S. 5716                             3
    1  department or authority and such clerk, department  or  authority  shall
    2  provide the division with such records. In the event such clerk, depart-
    3  ment  or  authority  lacks  such  records,  the division may request the
    4  license  holder provide information sufficient to constitute such record
    5  and such license holder shall provide the division  with  such  informa-
    6  tion.  Such  information  shall be limited to the license holder's name,
    7  date of birth, gender, race, residential address, social security number
    8  and firearms possessed by said license holder. Nothing in this  subdivi-
    9  sion  shall  be  construed to change the expiration date or term of such
   10  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
   11  collected  for purposes of inclusion in the database established by this
   12  section shall be released pursuant to a court order.  Records  assembled
   13  or  collected for purposes of inclusion in the database created pursuant
   14  to section 400.02 of this [chapter] ARTICLE  shall  not  be  subject  to
   15  disclosure  pursuant  to  article  six of the public officers law EXCEPT
   16  THAT THE TOTAL NUMBER OF PERSONS REGISTERED IN ANY COUNTY OF  THE  STATE
   17  MAY  BE  DISCLOSED  WITHOUT  ANY  OTHER  IDENTIFYING INFORMATION ABOUT A
   18  REGISTRANT.
   19    [(b) Each application for a license pursuant to paragraph (a) of  this
   20  subdivision  shall  include,  on a separate written form prepared by the
   21  division of state police within thirty days of the effective date of the
   22  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
   23  section,  and provided to the applicant at the same time and in the same
   24  manner as the application for a license, an opportunity for  the  appli-
   25  cant  to  request  an  exception from his or her application information
   26  becoming public record pursuant to paragraph (a)  of  this  subdivision.
   27  Such  forms,  which  shall also be made available to individuals who had
   28  applied for or been granted a license prior to the effective date of the
   29  chapter of the laws of two thousand thirteen which amended this section,
   30  shall notify applicants that, upon discovery that an applicant knowingly
   31  provided false information, such applicant may be subject  to  penalties
   32  pursuant to section 175.30 of this chapter, and further, that his or her
   33  request  for  an exception shall be null and void, provided that written
   34  notice containing such  determination  is  provided  to  the  applicant.
   35  Further, such forms shall provide each applicant an opportunity to spec-
   36  ify  the  grounds  on  which  he  or she believes his or her application
   37  information should not be publicly disclosed. These grounds, which shall
   38  be identified on the application with a box beside each for checking, as
   39  applicable, by the applicant, shall be as follows:
   40    (i) the applicant's life or safety may  be  endangered  by  disclosure
   41  because:
   42    (A)  the applicant is an active or retired police officer, peace offi-
   43  cer, probation officer, parole officer, or corrections officer;
   44    (B) the applicant is a protected person under a currently valid  order
   45  of protection;
   46    (C) the applicant is or was a witness in a criminal proceeding involv-
   47  ing a criminal charge;
   48    (D)  the  applicant  is  participating or previously participated as a
   49  juror in a criminal proceeding, or is or was a member of a  grand  jury;
   50  or
   51    (E) the applicant is a spouse, domestic partner or household member of
   52  a  person  identified  in this subparagraph or subparagraph (ii) of this
   53  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
   54  apply.
   55    (ii) the applicant has reason to believe his or her life or safety may
   56  be endangered by disclosure due to reasons stated by the applicant.
       S. 5716                             4
    1    (iii)  the applicant has reason to believe he or she may be subject to
    2  unwarranted harassment upon disclosure of such information.
    3    (c)  Each  form provided for recertification pursuant to paragraph (b)
    4  of subdivision ten of this section shall include an opportunity for  the
    5  applicant  to request an exception from the information provided on such
    6  form becoming public record pursuant to paragraph (a) of  this  subdivi-
    7  sion.  Such  forms  shall notify applicants that, upon discovery that an
    8  applicant knowingly provided false information, such  applicant  may  be
    9  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
   10  further, that his or her request for an  exception  shall  be  null  and
   11  void,  provided  that  written  notice  containing such determination is
   12  provided to the applicant. Further, such forms shall provide each appli-
   13  cant an opportunity to either decline to request the grant or  continua-
   14  tion of an exception, or specify the grounds on which he or she believes
   15  his  or her information should not be publicly disclosed. These grounds,
   16  which shall be identified in the application with a box beside each  for
   17  checking, as applicable, by the applicant, shall be the same as provided
   18  in paragraph (b) of this subdivision.
   19    (d)  Information  submitted on the forms described in paragraph (b) of
   20  this subdivision shall be excepted from disclosure and maintained by the
   21  entity retaining such information separate  and  apart  from  all  other
   22  records.
   23    (e)  (i)  Upon  receiving a request for exception from disclosure, the
   24  licensing officer shall grant such  exception,  unless  the  request  is
   25  determined to be null and void, pursuant to paragraph (b) or (c) of this
   26  subdivision.
   27    (ii)  A  request  for an exception from disclosure may be submitted at
   28  any time, including after a license or recertification has been granted.
   29    (iii) If an exception is sought and granted pursuant to paragraph  (b)
   30  of  this  subdivision,  the  application information shall not be public
   31  record, unless the request is determined to be  null  and  void.  If  an
   32  exception is sought and granted pursuant to paragraph (c) of this subdi-
   33  vision,  the  information  concerning  such  recertification application
   34  shall not be public record, unless the request is determined to be  null
   35  and void.
   36    (f) The information of licensees or applicants for a license shall not
   37  be  disclosed  to  the  public  during the first one hundred twenty days
   38  following the effective date of the chapter of the laws of two  thousand
   39  thirteen, which amended this section. After such period, the information
   40  of  those  who  had  applied  for or been granted a license prior to the
   41  preparation of the form for requesting an exception, pursuant  to  para-
   42  graph  (b) of this subdivision, may be released only if such individuals
   43  did not file a request for such an exception during the first sixty days
   44  following such  preparation;  provided,  however,  that  no  information
   45  contained  in  an  application for licensure or recertification shall be
   46  disclosed by an entity  that  has  not  completed  processing  any  such
   47  requests received during such sixty days.
   48    (g)  If  a  request for an exception is determined to be null and void
   49  pursuant to paragraph (b) or (c) of this subdivision, an  applicant  may
   50  request  review  of such determination pursuant to article seventy-eight
   51  of the civil practice laws and  rules.  Such  proceeding  must  commence
   52  within  thirty  days  after service of the written notice containing the
   53  adverse determination. Notice of the right to commence such a  petition,
   54  and  the  time  period  therefor, shall be included in the notice of the
   55  determination. Disclosure following such a petition shall  not  be  made
   56  prior to the disposition of such review.]
       S. 5716                             5
    1    S  7. Section 9.46 of the mental hygiene law, as added by chapter 1 of
    2  the laws of 2013, is amended to read as follows:
    3  S 9.46 Reports  of  substantial  risk or threat of harm by mental health
    4           professionals.
    5    (a) For purposes of this section,  the  term  "mental  health  profes-
    6  sional"  shall  include  a  physician, psychologist, registered nurse or
    7  licensed clinical social worker.
    8    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
    9  health  professional  currently providing treatment services to a person
   10  determines, in the exercise of reasonable  professional  judgment,  that
   11  such  person is likely to engage in conduct that would result in serious
   12  harm to self or others, he or she shall be required to report,  as  soon
   13  as practicable, to the director of community services, or the director's
   14  designee[, who shall report to the division of criminal justice services
   15  whenever  he  or  she agrees that the person is likely to engage in such
   16  conduct.] ANY REPORT MADE BY A MENTAL HEALTH PROFESSIONAL TO THE  DIREC-
   17  TOR  OF  COMMUNITY  SERVICES,  OR  THE DIRECTOR'S DESIGNEE SHALL INCLUDE
   18  CURRENT CONTACT INFORMATION FOR SUCH PERSON INCLUDING, BUT  NOT  LIMITED
   19  TO,  THE  PERSON'S:  (1) NAME, (2) MAILING ADDRESS, (3) PHONE NUMBER AND
   20  (4) EMAIL ADDRESS. THE DIRECTOR OF COMMUNITY SERVICES OR THE  DIRECTOR'S
   21  DESIGNEE  SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES UPON
   22  A FINDING THAT THE PERSON IS LIKELY TO  ENGAGE  IN  CONDUCT  THAT  WOULD
   23  RESULT IN SERIOUS HARM TO SELF OR OTHERS. Information transmitted to the
   24  division  of  criminal  justice  services  shall be limited to names and
   25  other non-clinical identifying information, which may only be  used  for
   26  determining  whether  a license issued pursuant to section 400.00 of the
   27  penal law should be suspended or revoked, or for determining  whether  a
   28  person  is ineligible for a license issued pursuant to section 400.00 of
   29  the penal law, or is no longer permitted under state or federal  law  to
   30  possess a firearm.
   31    (c)  THE  DIRECTOR  OF  COMMUNITY  SERVICES OR THE DIRECTOR'S DESIGNEE
   32  SHALL INFORM SUCH PERSON VIA WRITTEN NOTICE WHEN A REPORT REGARDING  THE
   33  SUBSTANTIAL  RISK  OR  THREAT OF HARM POSED BY THE PERSON IS SENT TO THE
   34  DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH NOTICE  SHALL  INCLUDE,  BUT
   35  NOT BE LIMITED TO:
   36    (1) THE PERSON'S NAME;
   37    (2)  NOTICE  THAT  A  REPORT HAS BEEN SENT TO THE DIVISION OF CRIMINAL
   38  JUSTICE SERVICES STATING THAT THE NAMED PERSON HAS BEEN DEEMED LIKELY TO
   39  ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO SELF OR OTHERS;
   40    (3) THE DATE THE REPORT WAS SENT TO THE DIVISION OF  CRIMINAL  JUSTICE
   41  SERVICES;
   42    (4) THE PERSON'S RIGHT TO SUBMIT A PETITION FOR RELIEF FROM DISABILITY
   43  TO  THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) APPEALS
   44  OFFICE OF THE OFFICE OF MENTAL HEALTH OR  NICS  APPEALS  OFFICE  OF  THE
   45  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  AS SET FORTH IN
   46  SUBDIVISION (J) OF SECTION 7.09 OF THIS TITLE  AND  SUBDIVISION  (G)  OF
   47  SECTION  13.09 OF THIS CHAPTER AND SECTIONS FIVE HUNDRED FORTY-THREE AND
   48  SIX HUNDRED FORTY-THREE OF ARTICLE FOURTEEN OF  THE  NEW  YORK  CODE  OF
   49  RULES AND REGULATIONS;
   50    (5)  CONTACT  INFORMATION FOR THE NICS APPEALS OFFICE OF THE OFFICE OF
   51  MENTAL HYGIENE OR THE NICS APPEALS OFFICE OF THE OFFICE FOR PEOPLE  WITH
   52  DEVELOPMENTAL DISABILITIES; AND
   53    (6)  ANY  APPLICABLE  DEADLINE FOR SUBMISSION OF A PETITION FOR RELIEF
   54  FROM DISABILITY.
   55    (D) Nothing in this section shall be construed  to  require  a  mental
   56  health professional to take any action which, in the exercise of reason-
       S. 5716                             6
    1  able  professional  judgment,  would endanger such mental health profes-
    2  sional or increase the danger to a potential victim or victims.
    3    [(d)]  (E) The decision of a mental health professional to disclose or
    4  not to disclose in accordance with this section,  when  made  reasonably
    5  and  in  good  faith,  shall  not be the basis for any civil or criminal
    6  liability of such mental health professional.
    7    S 8. Paragraph 2 of subdivision (j) of  section  7.09  of  the  mental
    8  hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
    9  read as follows:
   10    (2) The commissioner shall  establish  within  the  office  of  mental
   11  health  an administrative process to permit a person who has been or may
   12  be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
   13  922(4)(d) or who has been or may be disqualified from continuing to have
   14  a  license  to  carry,  possess,  repair,  or dispose of a firearm under
   15  section 400.00 of the penal law because such  person  was  involuntarily
   16  committed  or  civilly  confined to a facility under the jurisdiction of
   17  the commissioner, OR WHO HAS BEEN THE SUBJECT OF A REPORT  SUBMITTED  BY
   18  THE  DIRECTOR  OF  COMMUNITY  SERVICES OR THE DIRECTOR'S DESIGNEE TO THE
   19  DIVISION OF CRIMINAL JUSTICE SERVICES STATING THAT THE NAMED PERSON  HAS
   20  BEEN  DEEMED  LIKELY  TO  ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS
   21  HARM TO SELF OR OTHERS PURSUANT TO SECTION 9.46 OF THIS TITLE, to  peti-
   22  tion  for  relief  from  that  disability where such person's record and
   23  reputation are such that such person will not be  likely  to  act  in  a
   24  manner  dangerous  to public safety and where the granting of the relief
   25  would not be contrary to public safety. The commissioner  shall  promul-
   26  gate  regulations  to  establish  the  relief from disabilities program,
   27  which shall include, but not be limited to,  provisions  providing  for:
   28  (i)  an  opportunity for a disqualified person to petition for relief in
   29  writing; (ii) the authority for the agency to require that the petition-
   30  er undergo a clinical  evaluation  and  risk  assessment;  and  (iii)  a
   31  requirement  that  the agency issue a decision in writing explaining the
   32  reasons for a denial or grant of relief. The denial of  a  petition  for
   33  relief  from  disabilities  may  be  reviewed  de  novo  pursuant to the
   34  proceedings under article seventy-eight of the civil  practice  law  and
   35  rules.
   36    S  9.  Paragraph  2  of subdivision (g) of section 13.09 of the mental
   37  hygiene law, as amended by chapter 1 of the laws of 2013, is amended  to
   38  read as follows:
   39    (2) The commissioner shall establish within the office for people with
   40  developmental  disabilities an administrative process to permit a person
   41  who has been or may be  disqualified  from  possessing  such  a  firearm
   42  pursuant  to  18  USC  922(4)(d), or who has been or may be disqualified
   43  from continuing to have a license to carry, possess, repair, or  dispose
   44  of  a  firearm under section 400.00 of the penal law because such person
   45  was involuntarily committed or civilly confined to a facility under  the
   46  jurisdiction  of  the  commissioner,  OR  WHO  HAS BEEN THE SUBJECT OF A
   47  REPORT SUBMITTED BY THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S
   48  DESIGNEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES STATING  THAT  THE
   49  NAMED  PERSON  HAS  BEEN  DEEMED  LIKELY TO ENGAGE IN CONDUCT THAT WOULD
   50  RESULT IN SERIOUS HARM TO SELF OR OTHERS PURSUANT  TO  SECTION  9.46  OF
   51  THIS  CHAPTER,  to  petition  for relief from that disability where such
   52  person's record and reputation are such that such  person  will  not  be
   53  likely  to  act  in  a  manner  dangerous to public safety and where the
   54  granting of the relief would not  be  contrary  to  public  safety.  The
   55  commissioner  shall  promulgate regulations to establish the relief from
   56  disabilities program, which  shall  include,  but  not  be  limited  to,
       S. 5716                             7
    1  provisions  providing  for: (i) an opportunity for a disqualified person
    2  to petition for relief in writing; (ii) the authority for the agency  to
    3  require  that  the  petitioner  undergo  a  clinical evaluation and risk
    4  assessment;  and (iii) a requirement that the agency issue a decision in
    5  writing explaining the reasons for a denial  or  grant  of  relief.  The
    6  denial  of  a  petition  for relief from disabilities may be reviewed de
    7  novo pursuant to the proceedings  under  article  seventy-eight  of  the
    8  civil practice law and rules.
    9    S  10.  Paragraph  (a)  of subdivision 3 and subdivisions 4, 7, 9, 10,
   10  16-a and 16-b of section 400.00 of  the  penal  law,  paragraph  (a)  of
   11  subdivision  3  and subdivisions 4, 9 and 10 as amended and subdivisions
   12  16-a and 16-b as added by chapter 1 of the laws of 2013, paragraph (a-1)
   13  of subdivision 16-a as added by chapter 98 of  the  laws  of  2013,  are
   14  amended to read as follows:
   15    (a)  Applications  shall be made and renewed, in the case of a license
   16  to carry or possess a pistol or revolver, to the  licensing  officer  in
   17  the  city or county, as the case may be, where the applicant resides, is
   18  principally employed or has his or her principal place  of  business  as
   19  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
   20  dealer in firearms, to the licensing officer where such place  of  busi-
   21  ness  is  located.  Blank  applications shall, except in the city of New
   22  York, be approved as to form by the  [superintendent  of  state  police]
   23  DIVISION  OF  CRIMINAL  JUSTICE SERVICES. An application shall state the
   24  full name, date of birth, residence, present occupation of  each  person
   25  or individual signing the same, whether or not he or she is a citizen of
   26  the  United States, whether or not he or she complies with each require-
   27  ment for eligibility specified in subdivision one of  this  section  and
   28  such  other  facts as may be required to show the good character, compe-
   29  tency and integrity of each person or individual  signing  the  applica-
   30  tion. An application shall be signed and verified by the applicant. Each
   31  individual signing an application shall submit one photograph of himself
   32  or  herself  and  a duplicate for each required copy of the application.
   33  Such photographs shall have been  taken  within  thirty  days  prior  to
   34  filing  the  application.  In case of a license as gunsmith or dealer in
   35  firearms, the photographs submitted shall be two inches square, and  the
   36  application  shall also state the previous occupation of each individual
   37  signing the same and the location of the place of such business,  or  of
   38  the  bureau,  agency,  subagency,  office or branch office for which the
   39  license is sought, specifying the name of the  city,  town  or  village,
   40  indicating   the  street  and  number  and  otherwise  giving  such  apt
   41  description as to point out reasonably the  location  thereof.  In  such
   42  case,  if the applicant is a firm, partnership or corporation, its name,
   43  date and place of formation, and principal place of  business  shall  be
   44  stated.  For  such  firm or partnership, the application shall be signed
   45  and verified by each individual composing or intending  to  compose  the
   46  same, and for such corporation, by each officer thereof.
   47    4.  Investigation.  Before a license is issued or renewed, there shall
   48  be an investigation of all statements required in the application by the
   49  duly constituted police authorities of the locality where such  applica-
   50  tion is made, including but not limited to such records as may be acces-
   51  sible  to the [division of state police or] division of criminal justice
   52  services pursuant to section 400.02 of this article. For  that  purpose,
   53  the  records  of  the  appropriate  office  of  the department of mental
   54  hygiene concerning previous or present mental illness of  the  applicant
   55  shall  be  available  for inspection by the investigating officer of the
   56  police authority. In order to ascertain any  previous  criminal  record,
       S. 5716                             8
    1  the  investigating  officer  shall  take  the  fingerprints and physical
    2  descriptive data in quadruplicate of each individual by whom the  appli-
    3  cation  is signed and verified. Two copies of such fingerprints shall be
    4  taken  on  standard  fingerprint cards eight inches square, and one copy
    5  may be taken on a card supplied for that purpose by the  federal  bureau
    6  of  investigation;  provided,  however,  that in the case of a corporate
    7  applicant that has already been issued a dealer in firearms license  and
    8  seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
    9  location, the original fingerprints on file may be used to ascertain any
   10  criminal record in the second or subsequent application  unless  any  of
   11  the  corporate  officers  have  changed  since the prior application, in
   12  which case the  new  corporate  officer  shall  comply  with  procedures
   13  governing  an  initial application for such license. When completed, one
   14  standard card shall be forwarded to and  retained  by  the  division  of
   15  criminal  justice  services  in  the  executive department, at Albany. A
   16  search of the files of such division and  written  notification  of  the
   17  results of the search to the investigating officer shall be made without
   18  unnecessary  delay. Thereafter, such division shall notify the licensing
   19  officer and the executive department, division of state police,  Albany,
   20  of  any criminal record of the applicant filed therein subsequent to the
   21  search of its files. A second standard card, or the one supplied by  the
   22  federal  bureau of investigation, as the case may be, shall be forwarded
   23  to that bureau at Washington with a request that the files of the bureau
   24  be searched and notification of the results of the search be made to the
   25  investigating police authority. Of the remaining two fingerprint  cards,
   26  one  shall  be  filed  with the executive department, division of [state
   27  police] CRIMINAL JUSTICE SERVICES, Albany, within ten days  after  issu-
   28  ance of the license, and the other remain on file with the investigating
   29  police  authority.  No  such fingerprints may be inspected by any person
   30  other than a peace officer,  who  is  acting  pursuant  to  his  special
   31  duties,  or a police officer, except on order of a judge or justice of a
   32  court of record either upon notice to the licensee or without notice, as
   33  the judge or justice may deem appropriate. Upon completion of the inves-
   34  tigation, the police authority shall report the results to the licensing
   35  officer without unnecessary delay.
   36    7. License: form. Any license issued pursuant to this  section  shall,
   37  except  in  the  city of New York, be approved as to form by the [super-
   38  intendent of state police] DIVISION  OF  CRIMINAL  JUSTICE  SERVICES.  A
   39  license to carry or possess a pistol or revolver shall have attached the
   40  licensee's  photograph, and a coupon which shall be removed and retained
   41  by any person disposing of a firearm to the licensee. Such license shall
   42  specify the weapon covered by calibre, make, model, manufacturer's  name
   43  and  serial  number,  or  if none, by any other distinguishing number or
   44  identification mark, and shall indicate whether issued to carry  on  the
   45  person  or  possess  on  the premises, and if on the premises shall also
   46  specify the place where the licensee shall possess  the  same.  If  such
   47  license  is  issued  to  an  alien,  or to a person not a citizen of and
   48  usually a resident in the state, the licensing officer  shall  state  in
   49  the  license the particular reason for the issuance and the names of the
   50  persons certifying to the good character of the applicant.  Any  license
   51  as  gunsmith  or dealer in firearms shall mention and describe the prem-
   52  ises for which it is issued and shall be valid only for such premises.
   53    9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
   54  person  licensed  to  carry or possess a pistol or revolver may apply at
   55  any time to his or her licensing officer for amendment  of  his  or  her
   56  license  to  include  one or more such weapons or to cancel weapons held
       S. 5716                             9
    1  under license. If granted, a record  of  the  amendment  describing  the
    2  weapons  involved  shall be filed by the licensing officer in the execu-
    3  tive department, division of [state police] CRIMINAL  JUSTICE  SERVICES,
    4  Albany.  The  [superintendent  of  state  police]  DIVISION  OF CRIMINAL
    5  JUSTICE SERVICES may authorize that  such  amendment  be  completed  and
    6  transmitted  to the [state police] DIVISION in electronic form.  Notifi-
    7  cation of any change of residence shall be made in writing by any licen-
    8  see within ten days after such change  occurs,  and  a  record  of  such
    9  change shall be inscribed by such licensee on the reverse side of his or
   10  her license. Elsewhere than in the city of New York, and in the counties
   11  of  Nassau and Suffolk, such notification shall be made to the executive
   12  department, division of [state police] CRIMINAL JUSTICE SERVICES,  Alba-
   13  ny, and in the city of New York to the police commissioner of that city,
   14  and  in  the county of Nassau to the police commissioner of that county,
   15  and in the county of Suffolk to the licensing officer  of  that  county,
   16  who  shall, within ten days after such notification shall be received by
   17  him or her, give notice in writing  of  such  change  to  the  executive
   18  department,  division  of  [state  police] CRIMINAL JUSTICE SERVICES, at
   19  Albany.
   20    10. License: expiration, certification and renewal.  (a)  Any  license
   21  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
   22  license to carry or possess a pistol or revolver,  issued  at  any  time
   23  pursuant  to  this  section  or prior to the first day of July, nineteen
   24  hundred sixty-three and not limited to expire on an earlier  date  fixed
   25  in the license, shall expire not more than three years after the date of
   26  issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, any
   27  license to carry or possess a pistol or revolver,  issued  at  any  time
   28  pursuant  to  this  section  or prior to the first day of July, nineteen
   29  hundred sixty-three and not limited to expire on an earlier  date  fixed
   30  in  the license, shall expire not more than five years after the date of
   31  issuance; however, in the county of Westchester, any such license  shall
   32  be  certified  prior to the first day of April, two thousand, in accord-
   33  ance with a schedule to be contained in regulations promulgated  by  the
   34  commissioner  of  the  division  of criminal justice services, and every
   35  such license shall be  recertified  every  five  years  thereafter.  For
   36  purposes  of  this  section  certification  shall mean that the licensee
   37  shall provide to the licensing officer the following  information  only:
   38  current name, date of birth, current address, and the make, model, cali-
   39  ber  and serial number of all firearms currently possessed. Such certif-
   40  ication information shall be filed by the licensing officer in the  same
   41  manner  as  an amendment. Elsewhere than in the city of New York and the
   42  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
   43  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
   44  section or prior to the first day of July, nineteen hundred  sixty-three
   45  and  not  previously  revoked or cancelled, shall be in force and effect
   46  until revoked as herein provided. Any license not  previously  cancelled
   47  or  revoked shall remain in full force and effect for thirty days beyond
   48  the stated expiration date on such license. Any application to  renew  a
   49  license that has not previously expired, been revoked or cancelled shall
   50  thereby extend the term of the license until disposition of the applica-
   51  tion  by the licensing officer. In the case of a license for gunsmith or
   52  dealer in firearms, in counties having a population  of  less  than  two
   53  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
   54  submitted on original applications and upon renewal thereafter  only  at
   55  six  year  intervals.  Upon  satisfactory  proof  that a currently valid
   56  original license has been despoiled, lost or otherwise removed from  the
       S. 5716                            10
    1  possession of the licensee and upon application containing an additional
    2  photograph  of  the licensee, the licensing officer shall issue a dupli-
    3  cate license.
    4    (b)  All  licensees  shall  be  recertified  to the [division of state
    5  police] LICENSING OFFICER  every  five  years  thereafter.  Any  license
    6  issued before the effective date of [the] chapter ONE of the laws of two
    7  thousand  thirteen  [which added this paragraph] shall be recertified by
    8  the licensee on or before January thirty-first, two  thousand  eighteen,
    9  and  not less than one year prior to such date, the [state police] DIVI-
   10  SION OF CRIMINAL JUSTICE SERVICES shall send a  notice  to  all  license
   11  holders  who  have  not  recertified by such time. [Such recertification
   12  shall be in a form as approved by the superintendent  of  state  police,
   13  which  shall  request  the license holder's name, date of birth, gender,
   14  race, residential address, social security number, firearms possessed by
   15  such license holder, email address at the option of the  license  holder
   16  and  an  affirmation  that  such  license  holder is not prohibited from
   17  possessing firearms.] RECERTIFICATION SHALL CONTAIN THE INFORMATION  AND
   18  SHALL BE IN THE FORM SET FORTH HEREINBELOW:
   19                               RECERTIFICATION
   20  1. NAME ________________________________________________________________
   21  2. DATE OF BIRTH _______________________________________________________
   22  3. GENDER ______________________________________________________________
   23  4. RACE ________________________________________________________________
   24  5. RESIDENTIAL ADDRESS _________________________________________________
   25  ________________________________________________________________________
   26  ________________________________________________________________________
   27  6. SOCIAL SECURITY NUMBER ______________________________________________
   28  7. EMAIL ADDRESS (OPTIONAL) ____________________________________________
   29  8. LIST ALL FIREARMS POSSESSED ON LICENSE: _____________________________
   30  ________________________________________________________________________
   31  ________________________________________________________________________
   32  ________________________________________________________________________
   33  ________________________________________________________________________
   34  UPON  RECEIPT OF THE COMPLETED RECERTIFICATION FORM, THE LICENSING OFFI-
   35  CER WILL COMPARE THE INFORMATION PROVIDED  WITH  THE  INFORMATION  MAIN-
   36  TAINED  BY  THE  LICENSING OFFICER FOR SUCH LICENSE HOLDER, AND PROMPTLY
   37  NOTIFY THE LICENSE HOLDER OF  ANY  DISCREPANCIES  THAT  MAY  EXIST,  AND
   38  PROVIDE INSTRUCTION AS TO APPLYING FOR AN AMENDMENT PURSUANT TO SUBDIVI-
   39  SION NINE THIS SECTION. AFTER THE RESOLUTION OF ANY PENDING APPLICATIONS
   40  FOR  AMENDMENTS, THE LICENSING OFFICER SHALL RETAIN A COPY OF THE RECER-
   41  TIFICATION AND A COPY SHALL BE FILED BY THE  LICENSING  OFFICER  IN  THE
   42  EXECUTIVE  DEPARTMENT,  DIVISION  OF  CRIMINAL JUSTICE SERVICES, ALBANY,
   43  WITHIN TEN DAYS. The form may be in an electronic form if so  designated
   44  by  the  [superintendent  of  state police] DIVISION OF CRIMINAL JUSTICE
   45  SERVICES. Failure to  recertify  shall  act  as  a  revocation  of  such
   46  license.  If  the  [New  York state police] DIVISION SHALL discover as a
       S. 5716                            11
    1  result of the recertification process that a licensee failed to  provide
    2  a  change  of  address, the [New York state police] DIVISION OF CRIMINAL
    3  JUSTICE SERVICES shall not require the licensing officer to revoke  such
    4  license.
    5    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
    6  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
    7  possessed  before the date of the effective date of [the] chapter ONE of
    8  the laws of two thousand thirteen [which  added  this  paragraph],  must
    9  make  an application to register such weapon with the [superintendent of
   10  state police] DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  in  the  manner
   11  provided  by the [superintendent] DIVISION OF CRIMINAL JUSTICE SERVICES,
   12  or by amending a license issued pursuant to this section within one year
   13  of the effective date of this  subdivision  except  any  weapon  defined
   14  under  subparagraph  (vi)  of paragraph (g) of subdivision twenty-two of
   15  section 265.00 of this chapter transferred into the state may be  regis-
   16  tered  at  any  time, provided such weapons are registered within thirty
   17  days of their transfer into the state.  Registration  information  shall
   18  include  the registrant's name, date of birth, gender, race, residential
   19  address, social security number and a description of each  weapon  being
   20  registered. A registration of any weapon defined under subparagraph (vi)
   21  of  paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
   22  ing device as defined under subdivision twenty-three of  section  265.00
   23  of this chapter shall be transferable, provided that the seller notifies
   24  the  [state  police] DIVISION OF CRIMINAL JUSTICE SERVICES within seven-
   25  ty-two hours of the transfer and the buyer provides the  [state  police]
   26  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES with information sufficient to
   27  constitute a registration under this section.  Such  registration  shall
   28  not be valid if such registrant is prohibited or becomes prohibited from
   29  possessing  a firearm pursuant to state or federal law. The [superinten-
   30  dent] DIVISION OF CRIMINAL JUSTICE SERVICES shall determine whether such
   31  registrant is prohibited from possessing a firearm under state or feder-
   32  al law. Such check shall be limited to determining whether  the  factors
   33  in  18 USC 922 (g) apply or whether a registrant has been convicted of a
   34  serious offense as  defined  in  subdivision  [sixteen-b]  SEVENTEEN  of
   35  section  265.00  of this chapter, so as to prohibit such registrant from
   36  possessing a firearm, and whether a report has been issued  pursuant  to
   37  section  9.46 of the mental hygiene law. All registrants shall recertify
   38  to the division of [state police] CRIMINAL JUSTICE SERVICES  every  five
   39  years  thereafter.  Failure to recertify shall result in a revocation of
   40  such registration.
   41    (a-1) Notwithstanding any inconsistent provisions of paragraph (A)  OF
   42  this  subdivision,  an owner of an assault weapon as defined in subdivi-
   43  sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
   44  retired New York or federal law enforcement officer as defined in subdi-
   45  vision  twenty-five of section 265.00 of this chapter, where such weapon
   46  was issued to or purchased by such officer prior to  retirement  and  in
   47  the course of his or her official duties, and for which such officer was
   48  qualified  by the agency that employed such officer within twelve months
   49  prior to his or her retirement, must register such weapon  within  sixty
   50  days of retirement.
   51    (b)  The [superintendent of state police] DIVISION OF CRIMINAL JUSTICE
   52  SERVICES shall create and maintain an internet website  to  educate  the
   53  public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
   54  tomatic  pistol  or weapon that are illegal as a result of the enactment
   55  of [the] chapter ONE of the laws of two thousand thirteen  [which  added
   56  this  paragraph],  as  well  as  such  assault weapons which are illegal
       S. 5716                            12
    1  pursuant to article two hundred sixty-five of this chapter. Such website
    2  shall contain information to assist the public in recognizing the  rele-
    3  vant features proscribed by such article two hundred sixty-five, as well
    4  as which make and model of weapons that require registration.
    5    (c)  A person who knowingly fails to apply to register such weapon, as
    6  required by this section, within one year of the effective date of [the]
    7  chapter ONE of the laws of two thousand thirteen [which added this para-
    8  graph] shall be guilty of a class A  misdemeanor  and  such  person  who
    9  unknowingly  fails  to validly register such weapon within such one year
   10  period shall be given  a  warning  by  an  appropriate  law  enforcement
   11  authority  about such failure and given thirty days in which to apply to
   12  register such weapon or to surrender it. A failure to apply or surrender
   13  such weapon within such thirty-day period shall result  in  such  weapon
   14  being removed by an appropriate law enforcement authority and declared a
   15  nuisance.
   16    16-b.  The cost of the software, programming and interface required to
   17  transmit any record that must be electronically transmitted by the deal-
   18  er or licensing officer to  the  division  of  [state  police]  CRIMINAL
   19  JUSTICE  SERVICES, AND ANY COST BORNE BY THE LICENSING OFFICER TO ADMIN-
   20  ISTER OR MAINTAIN RECORDS RELATED TO THE RECERTIFICATION PROCESS BY  THE
   21  LICENSING  OFFICER,  BOTH pursuant to this chapter shall be borne by the
   22  state.
   23    S 11. Section 400.02 of the penal law, as added by chapter  1  of  the
   24  laws of 2013, is amended to read as follows:
   25  S 400.02 Statewide license and record database.
   26    There  shall be a statewide license and record database which shall be
   27  created and maintained  by  the  division  of  [state  police]  CRIMINAL
   28  JUSTICE  SERVICES  the  cost  of which shall not be borne by any munici-
   29  pality. Records assembled or collected for purposes of inclusion in such
   30  database shall not be subject to disclosure pursuant to article  six  of
   31  the public officers law. Records containing granted license applications
   32  shall  be  periodically  checked  by  the  division  of criminal justice
   33  services against criminal  conviction,  mental  health,  and  all  other
   34  records  as  are necessary to determine their continued accuracy as well
   35  as whether an individual is no longer a valid license holder. The  divi-
   36  sion  of criminal justice services shall also check pending applications
   37  made pursuant to this article against such records to determine  whether
   38  a  license  may  be granted. All state agencies shall cooperate with the
   39  division of criminal justice services, as otherwise authorized  by  law,
   40  in making their records available for such checks. The division of crim-
   41  inal justice services, upon determining that an individual is ineligible
   42  to  possess  a  license,  or  is no longer a valid license holder, shall
   43  notify the applicable licensing official of such determination and  such
   44  licensing  official shall not issue a license or revoke such license and
   45  any weapons owned or possessed  by  such  individual  shall  be  removed
   46  consistent  with  the provisions of subdivision eleven of section 400.00
   47  of this article. Local and state law enforcement shall  have  access  to
   48  such  database,  as  otherwise  authorized by law, in the performance of
   49  their duties. Records assembled or collected for purposes  of  inclusion
   50  in  the  database established by this section shall be released pursuant
   51  to a court order.
   52    S 12. This act shall take effect immediately; provided that:
   53    1. section six of this act shall take effect on the first of  November
   54  next succeeding the date on which it shall have become a law; and
   55    2. sections seven, eight and nine of this act shall take effect on the
   56  ninetieth day after it shall have become a law.