STATE OF NEW YORK
        ________________________________________________________________________
                                          1627
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI,  JAFFEE, GALEF, STIRPE, BRINDISI,
          SKOUFIS, RAIA, CURRAN, GOODELL, CROUCH,  BARRETT,  OAKS,  BRABENEC  --
          Multi-Sponsored  by  -- M. of A. BARCLAY, COLTON, HIKIND, KOLB, LOPEZ,
          LUPINACCI, MAGEE, McKEVITT,  RA,  RIVERA,  THIELE  --  read  once  and
          referred to the Committee on Codes
        AN  ACT  to  amend  the  penal law, in relation to prohibiting the state
          police from imposing a fee or surcharge for recertification of certain
          gun licenses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (b)  of subdivision 10 and subdivision 16-a of
     2  section 400.00 of the penal law, as added by chapter 1 of  the  laws  of
     3  2013,  and paragraph (a-1) of subdivision 16-a as added by chapter 98 of
     4  the laws of 2013, are amended to read as follows:
     5    (b) All licensees shall be recertified to the division of state police
     6  every five years thereafter. Any license  issued  before  the  effective
     7  date  of  [the]  chapter one of the laws of two thousand thirteen [which
     8  added this paragraph] shall be recertified by the licensee on or  before
     9  January  thirty-first, two thousand eighteen, and not less than one year
    10  prior to such date, the state police 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. The form may be in an electronic form if so  desig-
    18  nated by the superintendent of state police.  The state police shall not
    19  impose a fee or surcharge on a license holder for recertification. Fail-
    20  ure  to  recertify shall act as a revocation of such license. If the New
    21  York state police discover as a result of  the  recertification  process
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04382-01-7

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     1  that  a  licensee  failed  to  provide a change of address, the New York
     2  state police shall not require the  licensing  officer  to  revoke  such
     3  license.
     4    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
     5  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
     6  possessed  before the date of the effective date of [the] chapter one of
     7  the laws of two thousand thirteen [which  added  this  paragraph],  must
     8  make  an  application to register such weapon with the superintendent of
     9  state police, in the manner provided by the superintendent, or by amend-
    10  ing a license issued pursuant to this section within  one  year  of  the
    11  effective  date  of  this  subdivision  except  any weapon defined under
    12  subparagraph (vi) of paragraph (g) of subdivision twenty-two of  section
    13  265.00  of  this chapter transferred into the state may be registered at
    14  any time, provided such weapons are registered  within  thirty  days  of
    15  their  transfer  into  the state. Registration information shall include
    16  the registrant's name, date of birth, gender, race, residential address,
    17  social security number and a description of  each  weapon  being  regis-
    18  tered.  A  registration of any weapon defined under subparagraph (vi) of
    19  paragraph (g) of subdivision twenty-two of section 265.00 or  a  feeding
    20  device  as  defined  under subdivision twenty-three of section 265.00 of
    21  this chapter shall be transferable, provided that  the  seller  notifies
    22  the  state police within seventy-two hours of the transfer and the buyer
    23  provides the state police with information sufficient  to  constitute  a
    24  registration under this section. Such registration shall not be valid if
    25  such  registrant  is  prohibited or becomes prohibited from possessing a
    26  firearm pursuant to state  or  federal  law.  The  superintendent  shall
    27  determine  whether  such  registrant  is  prohibited  from  possessing a
    28  firearm under state or federal law.  Such  check  shall  be  limited  to
    29  determining  whether  the  factors  in 18 USC 922 (g) apply or whether a
    30  registrant has been convicted of a serious offense as defined in  subdi-
    31  vision [sixteen-b] seventeen of section 265.00 of this chapter, so as to
    32  prohibit such registrant from possessing a firearm, and whether a report
    33  has  been issued pursuant to section 9.46 of the mental hygiene law. All
    34  registrants shall recertify to the division of state police  every  five
    35  years  thereafter.  Failure to recertify shall result in a revocation of
    36  such registration.  The state police shall not impose a fee or surcharge
    37  on a person who is registering or recertifying a weapon pursuant to this
    38  section.
    39    (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
    40  this  subdivision,  an owner of an assault weapon as defined in subdivi-
    41  sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
    42  retired New York or federal law enforcement officer as defined in subdi-
    43  vision  twenty-five of section 265.00 of this chapter, where such weapon
    44  was issued to or purchased by such officer prior to  retirement  and  in
    45  the course of his or her official duties, and for which such officer was
    46  qualified  by the agency that employed such officer within twelve months
    47  prior to his or her retirement, must register such weapon  within  sixty
    48  days of retirement.
    49    (b)  The  superintendent  of state police shall create and maintain an
    50  internet website to educate the public as to which semiautomatic  rifle,
    51  semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
    52  as  a  result  of  the enactment of [the] chapter one of the laws of two
    53  thousand thirteen [which added this paragraph], as well as such  assault
    54  weapons  which are illegal pursuant to article two hundred sixty-five of
    55  this chapter. Such website  shall  contain  information  to  assist  the
    56  public  in  recognizing the relevant features proscribed by such article

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     1  two hundred sixty-five, as well as which make and model of weapons  that
     2  require registration.
     3    (c)  A person who knowingly fails to apply to register such weapon, as
     4  required by this section, within one year of the effective date of [the]
     5  chapter one of the laws of two thousand thirteen [which added this para-
     6  graph] shall be guilty of a class A  misdemeanor  and  such  person  who
     7  unknowingly  fails  to validly register such weapon within such one year
     8  period shall be given  a  warning  by  an  appropriate  law  enforcement
     9  authority  about such failure and given thirty days in which to apply to
    10  register such weapon or to surrender it. A failure to apply or surrender
    11  such weapon within such thirty-day period shall result  in  such  weapon
    12  being removed by an appropriate law enforcement authority and declared a
    13  nuisance.
    14    § 2. This act shall take effect immediately.