STATE OF NEW YORK
        ________________________________________________________________________
                                          2659
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced  by  M.  of  A. PAULIN, RAMOS, LIFTON, ENGLEBRIGHT, KAVANAGH,
          ROSENTHAL, ABINANTI, COLTON, DINOWITZ, JAFFEE, MAYER, STECK, SEAWRIGHT
          -- Multi-Sponsored by -- M. of A. ARROYO, CRESPO,  GOTTFRIED,  HOOPER,
          MAGNARELLI  --  read  once  and  referred to the Committee on Economic
          Development
        AN ACT to amend the general business law and the penal law, in  relation
          to preventing the sale of firearms, rifles, and shotguns to criminals
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by finds and declares as follows:
     3    1. Firearms, rifles and shotguns are used to kill over 30,000 individ-
     4  uals in the United States every year, including 1,000 individuals in New
     5  York state alone. Additionally, there  are  100,000  non-fatal  injuries
     6  across  the  country.  The  federal  government has largely ignored this
     7  public health crisis and has left it up to state and  local  governments
     8  to protect its citizens. Firearm violence also costs billions of dollars
     9  and  causes  incalculable  emotional  damage,  devastating  families and
    10  communities throughout the country.  Therefore, the state  of  New  York
    11  has  a  strong interest in reducing violence and crimes that involve the
    12  use of firearms and the illegal trafficking of  firearms.  Illegal  guns
    13  obtained  throughout  the  state end up in the hands of criminals, youth
    14  and violent individuals who use them to threaten, maim and kill.
    15    2. There is a thriving underground market for illegal firearms, large-
    16  ly driven by demand from drug gangs and other criminals. A highly  effi-
    17  cient  and  continuous  business  practice  exists in which firearms are
    18  moved from legal manufacture and sale to prohibited  purchasers,  making
    19  them  illegal  firearms.    According to a recent report of the New York
    20  state attorney general, 52,915 crime guns were recovered by law enforce-
    21  ment in New York between 2010-2015.  Target  on  Trafficking,  New  York
    22  Crime  Gun  Analysis,  October  2016  ("2016 AG Report"). Of these crime
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01117-01-7

        A. 2659                             2
     1  guns, 13,188 or 24.9% were long guns. Outside New York City,  long  guns
     2  are  sold without a permit. The 2016 AG Report further found that 90% of
     3  the crime guns recovered were recovered in seven distinct  markets:  New
     4  York  City,  the  lower  Hudson Valley (including the cities of Yonkers,
     5  White Plains, Newburgh and Poughkeepsie), the Capital Region  (including
     6  Albany,  Troy  and Schenectady), Syracuse, Rochester and Buffalo. 74% of
     7  the crime guns recovered were from  out  of  state.  Yet  a  significant
     8  portion  of  guns involved in crimes upstate originate within the state.
     9  For example, according to the 2016 AG Report, 41% of crime guns  in  the
    10  Buffalo  area  and  56%  of  crime guns in the Rochester area originated
    11  within New York state.
    12    3. Youth are particularly at risk of being killed with guns.   Accord-
    13  ing  to  the  Centers for Disease Control and Prevention, in 2010 alone,
    14  116 children and teens (under the age of 19) died from gun  violence  in
    15  New York state.
    16    4. A substantial portion of illegal firearms are diverted to the ille-
    17  gal  market  through  licensed gun dealers. Rogue gun dealers play a key
    18  role in this market. These rogue dealers  funnel  guns  to  the  illegal
    19  market through a variety of channels. One of the most common means is to
    20  allow "straw purchases". A straw purchase occurs when a person purchases
    21  a gun on behalf of a prohibited person.  In 2000, the Bureau of Alcohol,
    22  Tobacco,  Firearms,  and  Explosives (ATF) conducted an investigation of
    23  gun trafficking from July 1996 to December 1998 and  found  that  almost
    24  26,000  trafficked firearms were associated with investigations in which
    25  there was a straw purchaser. Almost  50%  of  all  trafficking  investi-
    26  gations  involved straw purchasers, with an average of 37 firearms traf-
    27  ficked per investigation.  Another issue, according to a 2008 report  by
    28  Mayors  Against Illegal Guns, Inside Straw Purchasing: How Criminals Get
    29  Guns Illegally, is that many traffickers return to the same store  again
    30  and  again  once  they  have identified it as one in which they can make
    31  straw purchases easily.  According to the ATF, 1% of gun dealers are the
    32  source of almost 60% of crime guns.
    33    5.  Although most gun dealers operate  their  businesses  legally  and
    34  responsibly, some gun dealers who are corrupt or maintain shoddy record-
    35  keeping  practices flood the streets with illegal weapons as a result of
    36  their unrestricted access to new gun inventory and the unwillingness  of
    37  gun  manufacturers  to  terminate  their  supply to these rogue dealers.
    38  Current federal and state regulation has not curbed the  business  prac-
    39  tice  of illegal gun dealers. According to a 2004 study by Americans for
    40  Gun Safety, of the 120 worst gun dealers in the  country,  namely  those
    41  dealers  with an average of 500 crime guns traced to them, 96 were still
    42  in operation.
    43    6. Moreover, this problem is not limited to  unlicensed  sellers,  and
    44  clearly  includes  federal  firearms  licensees (FFLs). Indeed, although
    45  FFLs were involved in under 10% of the trafficking investigations under-
    46  taken by ATF, they were associated with the largest number  of  diverted
    47  firearms--over  40,000 guns, which is nearly half of the total number of
    48  trafficked firearms documented during the two-year period of  the  ATF's
    49  investigation.    Additionally,  a 2010 report by Mayors Against Illegal
    50  Guns indicated that several states  which  allow  state  authorities  to
    51  supplement  the  federal ATF inspection with routine inspections provide
    52  law enforcement with more opportunities to uncover dealers in  violation
    53  of  the law.   These inspections also help identify dealers who exercise
    54  lax oversight over their inventory and may lead to  improved  compliance
    55  with federal, state, and local laws.

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     1    7.  Current  state  law  governing  firearm  dealers  is inadequate to
     2  prevent the diversion of firearms to the  illegal  marketplace.    Addi-
     3  tional  protections  that  are  needed  include, but are not limited to,
     4  better gun dealer internal compliance procedures, programs to  eliminate
     5  straw  purchases, improved security measures, reducing youth access, and
     6  mandatory training for gun dealer employees.  The additional protections
     7  set forth in this act will greatly enhance the state's efforts to reduce
     8  criminal activity in the state.
     9    § 2. The general business law is amended by adding a new article 39-BB
    10  to read as follows:
    11                                 ARTICLE 39-BB
    12                      PREVENTING THE SALE OF FIREARMS,
    13                      RIFLES, AND SHOTGUNS TO CRIMINALS
    14  Section 875-a. Definitions.
    15          875-b. Reasonable measures to prevent sales and
    16                  transfers to criminals.
    17          875-c. Security.
    18          875-d. Access to firearms, rifles, and shotguns.
    19          875-e. Location of firearm, rifle, and shotgun sales.
    20          875-f. Employee training.
    21          875-g. Maintenance of records.
    22          875-h. Internal compliance and certification.
    23          875-i. Rules and regulations.
    24          875-j. Violations.
    25    § 875-a. Definitions. For the purposes of this article:
    26    1. "Dealer" means  any  person,  firm,  partnership,  corporation,  or
    27  company  who engages in the business of purchasing, selling, keeping for
    28  sale, lending, leasing, or in any  manner  disposing  of,  any  firearm,
    29  rifle, or shotgun.
    30    2.  "Dispose  of"  means  to dispose of, give, give away, lease, lend,
    31  keep for sale, offer, offer  for  sale,  sell,  transfer,  or  otherwise
    32  dispose of.
    33    3.  "Firearm" has the same meaning as that term is defined in subdivi-
    34  sion three of section 265.00 of the penal law.
    35    4. "Firearm exhibitor" means any  person,  firm,  partnership,  corpo-
    36  ration,  or company that exhibits, sells, offers for sale, transfers, or
    37  exchanges firearms, rifles, or shotguns at a gun show.
    38    5. "Retail dealer" means any dealer engaged in the retail business  of
    39  selling firearms, rifles, or shotguns.
    40    6. "Rifle" has the same meaning as that term is defined in subdivision
    41  eleven of section 265.00 of the penal law.
    42    7.  "Shotgun" has the same meaning as that term is defined in subdivi-
    43  sion twelve of section 265.00 of the penal law.
    44    8. "Straw purchase" means the purchase, or attempt to purchase,  by  a
    45  person of a firearm, rifle, or shotgun for, on behalf of, or for the use
    46  of  another  person,  knowing  that  it would be unlawful for such other
    47  person to possess such firearm, rifle, or shotgun, or an attempt to make
    48  such a purchase.
    49    9. "Straw purchaser" means a person who,  knowing  that  it  would  be
    50  unlawful  for  another  person  to possess a firearm, rifle, or shotgun,
    51  purchases or attempts to purchase a firearm, rifle, or shotgun  for,  on
    52  behalf of, or for the use of such other person.
    53    10. "Superintendent" means the superintendent of state police.
    54    §  875-b. Reasonable measures to prevent sales and transfers to crimi-
    55  nals.  Every dealer shall adopt reasonable measures to prevent firearms,
    56  rifles, and shotguns from  being  diverted  from  the  legal  stream  of

        A. 2659                             4
     1  commerce,  intentionally  or  otherwise,  for  later  sale, transfer, or
     2  disposal to individuals not legally entitled to purchase or possess such
     3  weapons. Such measures shall  include,  but  need  not  be  limited  to,
     4  programs  to eliminate sales to straw purchasers and to otherwise thwart
     5  illegal gun  trafficking.  The  superintendent  shall  develop  programs
     6  designed  to eliminate sales to straw purchasers and to otherwise thwart
     7  illegal gun trafficking. Within six months of the effective date of this
     8  article, the superintendent shall submit a  report  to  the  legislature
     9  detailing such programs, including establishing minimum requirements for
    10  such programs.
    11    §  875-c.  Security.  Every dealer shall implement a security plan for
    12  securing firearms, rifles and shotguns, including firearms,  rifles  and
    13  shotguns  in  shipment.  The  plan  must  satisfy at least the following
    14  requirements:
    15    1. display cases shall be locked at all times except when  removing  a
    16  single firearm, rifle or shotgun to show a customer, and customers shall
    17  handle firearms, rifles or shotguns only under the direct supervision of
    18  an employee;
    19    2.  all  firearms,  rifles  and  shotguns shall be secured, other than
    20  during business hours, in a  locked  fireproof  safe  or  vault  in  the
    21  licensee's  business  premises  or in a similar secured and locked area;
    22  and
    23    3. ammunition shall be stored separately from the firearms, rifles and
    24  shotguns and out of reach of the customers.
    25    4. (a) The permitted business location shall be secured  by  an  alarm
    26  system  that  is  installed  and maintained by an alarm company operator
    27  properly licensed pursuant to state law. The alarm system must be  moni-
    28  tored  by  a  central station listed by Underwriters Laboratories, Inc.,
    29  and covered by an active Underwriters Laboratories,  Inc.  alarm  system
    30  certificate with a #3 extent of protection.
    31    (b)   Underwriters   Laboratories,  Inc.  uses  the  term  "extent  of
    32  protection" to refer to the amount  of  alarm  protection  installed  to
    33  protect  a  particular area, room or container. Systems with a #3 extent
    34  of protection include complete protection for all  accessible  openings,
    35  and  partial  motion  and  sound detection at certain other areas of the
    36  premises. More information may be found in: Central Station Alarm  Asso-
    37  ciation, A Practical Guide to Central Station Burglar Alarm Systems (3rd
    38  ed. 2005).
    39    § 875-d. Access to firearms, rifles, and shotguns. Every retail dealer
    40  shall  exclude  all  persons  under  eighteen  years  of  age from those
    41  portions of its premises where firearms, rifles, shotguns, or ammunition
    42  are stocked or sold, unless such person is accompanied by  a  parent  or
    43  guardian.
    44    §  875-e.  Location of firearm, rifle, and shotgun sales. Every dealer
    45  shall sell or otherwise dispose of firearms, rifles, and  shotguns  only
    46  at  the  location  listed on the dealer's federal firearms license or at
    47  gun shows.
    48    § 875-f. Employee training. Every retail dealer shall provide training
    49  to all employees and other personnel  engaged  in  the  retail  sale  of
    50  firearms, rifles, and shotguns relating to:
    51    1.  the law governing firearm, rifle, and shotgun transfers by federal
    52  firearms licensees and individuals;
    53    2. how to recognize straw purchases and  other  attempts  to  purchase
    54  firearms, rifles, or shotguns illegally; and

        A. 2659                             5
     1    3.  how  to  teach  consumers  rules  of gun safety, including but not
     2  limited to the safe handling and storage of firearms, rifles, and  shot-
     3  guns.
     4    No  employee  or  agent  of any retail dealer shall participate in the
     5  sale or disposition of firearms, rifles, or shotguns unless such  person
     6  is  at least twenty-one years of age and has first received the training
     7  required by this section.  The  superintendent  shall  promulgate  regu-
     8  lations  setting  forth  minimum  requirements  for  the  maintenance of
     9  records of such training.
    10    § 875-g.  Maintenance of records. Every  dealer  shall  establish  and
    11  maintain  such purchase, sale, inventory, and other records at the deal-
    12  er's place of business in such form and for such period  as  the  super-
    13  intendent  shall  require, and shall submit such records to the New York
    14  state police every April and October. Such records shall  at  a  minimum
    15  include the following:
    16    1.  every  dealer  shall record the make, model, caliber or gauge, and
    17  serial number of all rifles and shotguns that are acquired  or  disposed
    18  of  not  later than one business day after their acquisition or disposi-
    19  tion. Monthly backups of these records shall be maintained in  a  secure
    20  container designed to prevent  loss by fire, theft, or other mishap;
    21    2.  all  rifles  and shotguns acquired but not yet disposed of must be
    22  accounted for through an inventory check prepared once  each  month  and
    23  maintained in a secure location;
    24    3.  rifle  and shotgun sales information, including the serial numbers
    25  of rifles and shotguns sold, dates of sale, and identity of  purchasers,
    26  shall  be  maintained  and  made available to government law enforcement
    27  agencies and to the manufacturer of the weapon or its designee; and
    28    4. every dealer shall maintain records of criminal rifle  and  shotgun
    29  traces initiated by the federal bureau of alcohol, tobacco, firearms and
    30  explosives  ("ATF").  All  ATF  Form  4473  transaction records shall be
    31  retained on  the  dealer's  business  premises  in  a  secure  container
    32  designed to prevent loss by fire, theft, or other mishap.
    33    § 875-h. Internal compliance and certification. 1. Every dealer shall:
    34    (a)  implement  and maintain sufficient internal compliance procedures
    35  to ensure compliance with the  requirements  of  this  article  and  all
    36  applicable  federal, state, and local laws and regulations governing the
    37  sale, transfer, and disposal of firearms, rifles, and shotguns; and
    38    (b) annually certify  to  the  superintendent  that  such  dealer  has
    39  complied  with  all of the requirements of this article. The superinten-
    40  dent shall by regulation determine the form and content of  such  annual
    41  certification.
    42    2.  The  superintendent  of  state police shall promulgate regulations
    43  establishing periodic inspections, during  regular  and  usual  business
    44  hours,  by  the division of state police of the premises of every dealer
    45  to determine compliance by such dealer with  the  requirements  of  this
    46  article.  Every  dealer  shall provide the division of state police with
    47  full access to such dealer's premises for such inspections.
    48    § 875-i. Rules and regulations. The superintendent may promulgate such
    49  additional rules and regulations as the superintendent shall deem neces-
    50  sary to prevent firearms, rifles, and shotguns from being diverted  from
    51  the legal stream of commerce.
    52    §  875-j.  Violations.  Any person, firm, or corporation who knowingly
    53  violates any provision of this article shall be  guilty  of  a  class  A
    54  misdemeanor  punishable  as  provided for in the penal law, and shall be
    55  guilty of a class E felony for a second violation occurring within  five

        A. 2659                             6
     1  years  of  a  prior  conviction for a violation of any provision of this
     2  article.
     3    §  3.  Subdivision 1 of section 400.00 of the penal law, as amended by
     4  chapter 1 of the laws of 2013, is amended to read as follows:
     5    1. Eligibility. No license shall be issued or renewed pursuant to this
     6  section except by the licensing officer, and then  only  after  investi-
     7  gation  and  finding  that  all statements in a proper application for a
     8  license are true. No license shall be issued or renewed  except  for  an
     9  applicant  (a) twenty-one years of age or older, provided, however, that
    10  where such applicant has  been  honorably  discharged  from  the  United
    11  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    12  national guard of the state of New York, no such age  restriction  shall
    13  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    14  anywhere of a felony or a serious offense; (d) who  is  not  a  fugitive
    15  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
    16  controlled substance as defined in section 21 U.S.C. 802; (f) who  being
    17  an alien (i) is not illegally or unlawfully in the United States or (ii)
    18  has  not  been  admitted  to the United States under a nonimmigrant visa
    19  subject to the exception in 18 U.S.C. 922(y)(2); (g) who  has  not  been
    20  discharged from the Armed Forces under dishonorable conditions; (h) who,
    21  having been a citizen of the United States, has not renounced his or her
    22  citizenship;  (i) who has stated whether he or she has ever suffered any
    23  mental illness; (j) who has not been involuntarily committed to a facil-
    24  ity under the jurisdiction of an office  of  the  department  of  mental
    25  hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
    26  article seven hundred thirty or section 330.20 of the criminal procedure
    27  law, section four hundred two or five hundred eight  of  the  correction
    28  law,  section  322.2  or  353.4 of the family court act, or has not been
    29  civilly confined in a secure treatment facility pursuant to article  ten
    30  of  the mental hygiene law; (k) who has not had a license revoked or who
    31  is not under a suspension or ineligibility order issued pursuant to  the
    32  provisions  of  section  530.14 of the criminal procedure law or section
    33  eight hundred forty-two-a of the family court act; (l) in the county  of
    34  Westchester, who has successfully completed a firearms safety course and
    35  test  as  evidenced  by a certificate of completion issued in his or her
    36  name and endorsed and affirmed under the penalties of perjury by a  duly
    37  authorized  instructor,  except  that:  (i)  persons  who  are honorably
    38  discharged from the United States army,  navy,  marine  corps  or  coast
    39  guard,  or  of  the national guard of the state of New York, and produce
    40  evidence of official  qualification  in  firearms  during  the  term  of
    41  service  are  not  required  to have completed those hours of a firearms
    42  safety course pertaining to the safe use, carrying, possession,  mainte-
    43  nance  and  storage  of a firearm; and (ii) persons who were licensed to
    44  possess a pistol or revolver prior to the effective date of  this  para-
    45  graph  are  not  required to have completed a firearms safety course and
    46  test; (m) who has not had a guardian appointed for him or  her  pursuant
    47  to any provision of state law, based on a determination that as a result
    48  of  marked subnormal intelligence, mental illness, incapacity, condition
    49  or disease, he or she lacks the mental capacity to  contract  or  manage
    50  his or her own affairs; and (n) concerning whom no good cause exists for
    51  the  denial  of  the  license. No person shall engage in the business of
    52  gunsmith or dealer in firearms unless licensed pursuant to this section,
    53  and no person shall engage in the business of dealer in firearms  unless
    54  such  person  complies  with the provisions of article thirty-nine-BB of
    55  the general business law.  An applicant to engage in such business shall
    56  also be a citizen of the United States, more than  twenty-one  years  of

        A. 2659                             7
     1  age  and  maintain  a  place of business in the city or county where the
     2  license is issued. For such business, if the  applicant  is  a  firm  or
     3  partnership,  each  member thereof shall comply with all of the require-
     4  ments  set  forth  in  this subdivision and if the applicant is a corpo-
     5  ration, each officer thereof shall so comply.
     6    § 4. Subdivisions 11 and 12 of section 400.00 of  the  penal  law,  as
     7  amended  by  chapter  1  of  the  laws  of  2013, are amended to read as
     8  follows:
     9    11. License: revocation and suspension. (a) The conviction of a licen-
    10  see anywhere of a felony or serious offense or a licensee  at  any  time
    11  becoming ineligible to obtain a license under this section shall operate
    12  as a revocation of the license. A license may be revoked or suspended as
    13  provided  for in section 530.14 of the criminal procedure law or section
    14  eight hundred forty-two-a of the family court act. Except for a  license
    15  issued  pursuant  to  section  400.01  of this article, a license may be
    16  revoked and cancelled at any time in the city of New York,  and  in  the
    17  counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
    18  than in the city of New York by any judge  or  justice  of  a  court  of
    19  record;  a license issued pursuant to section 400.01 of this article may
    20  be revoked and cancelled at any time by the  licensing  officer  or  any
    21  judge or justice of a court of record.  A license to engage in the busi-
    22  ness  of  dealer  may  be  revoked or suspended for any violation of the
    23  provisions of article thirty-nine-BB of the general  business  law.  The
    24  official  revoking  a  license shall give written notice thereof without
    25  unnecessary delay to the executive department, division of state police,
    26  Albany, and shall also notify immediately the  duly  constituted  police
    27  authorities of the locality.
    28    (b) Whenever the director of community services or his or her designee
    29  makes  a  report pursuant to section 9.46 of the mental hygiene law, the
    30  division of criminal justice services  shall  convey  such  information,
    31  whenever  it  determines that the person named in the report possesses a
    32  license issued pursuant to this section, to  the  appropriate  licensing
    33  official, who shall issue an order suspending or revoking such license.
    34    (c)  In  any  instance  in  which  a  person's license is suspended or
    35  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    36  shall  surrender  such license to the appropriate licensing official and
    37  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
    38  person  shall be surrendered to an appropriate law enforcement agency as
    39  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
    40  section  265.20  of  this  chapter.  In the event such license, firearm,
    41  shotgun, or rifle is not surrendered, such items shall  be  removed  and
    42  declared  a  nuisance  and  any  police  officer or peace officer acting
    43  pursuant to his or her special duties is authorized to  remove  any  and
    44  all such weapons.
    45    12.  Records  required  of gunsmiths and dealers in firearms. [Any] In
    46  addition to the requirements set forth in article thirty-nine-BB of  the
    47  general  business  law,  any  person  licensed  as gunsmith or dealer in
    48  firearms shall keep a record book approved as to  form,  except  in  the
    49  city  of  New York, by the superintendent of state police. In the record
    50  book shall be entered at the  time  of  every  transaction  involving  a
    51  firearm the date, name, age, occupation and residence of any person from
    52  whom  a  firearm  is received or to whom a firearm is delivered, and the
    53  calibre, make, model, manufacturer's name and serial number, or if none,
    54  any other distinguishing number or identification mark on such  firearm.
    55  Before  delivering  a  firearm to any person, the licensee shall require
    56  him to produce either a license valid under this  section  to  carry  or

        A. 2659                             8
     1  possess  the  same,  or  proof  of  lawful authority as an exempt person
     2  pursuant to section 265.20 of this chapter. In addition, before deliver-
     3  ing a firearm to  a  peace  officer,  the  licensee  shall  verify  that
     4  person's  status  as  a peace officer with the division of state police.
     5  After completing the foregoing, the licensee shall remove and retain the
     6  attached coupon and enter in the record book the date of  such  license,
     7  number,  if  any,  and name of the licensing officer, in the case of the
     8  holder of a license to carry or possess, or the shield or other  number,
     9  if  any,  assignment  and  department, unit or agency, in the case of an
    10  exempt person. The original transaction report shall be forwarded to the
    11  division of state police within ten days of delivering a firearm to  any
    12  person,  and  a duplicate copy shall be kept by the licensee. The super-
    13  intendent 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 for
    21  purposes of inclusion in the database created pursuant to section 400.02
    22  of  this  article shall not be subject to disclosure pursuant to article
    23  six of the public officers law. The record book shall be  maintained  on
    24  the premises mentioned and described in the license and shall be open at
    25  all  reasonable hours for inspection by any peace officer, acting pursu-
    26  ant to his special duties, or police officer. In the event of  cancella-
    27  tion or revocation of the license for gunsmith or dealer in firearms, or
    28  discontinuance  of  business  by  a  licensee, such record book shall be
    29  immediately surrendered to the licensing officer  in  the  city  of  New
    30  York,  and  in  the counties of Nassau and Suffolk, and elsewhere in the
    31  state to the executive department, division of state police.
    32    § 5. Severability. If any clause, sentence, paragraph, section or part
    33  of this act shall be adjudged by any court of competent jurisdiction  to
    34  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    35  remainder thereof, but shall be confined in its operation to the clause,
    36  sentence, paragraph, section or part thereof directly  involved  in  the
    37  controversy in which such judgment shall have been rendered.
    38    §  6.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law; provided that the superintendent of the  division  of
    40  state police is authorized and directed to immediately adopt, amend, and
    41  promulgate  such rules and regulations as may be necessary and desirable
    42  to effectuate the purposes of section two of this act.