STATE OF NEW YORK
        ________________________________________________________________________
                                          6787
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 17, 2017
                                       ___________
        Introduced  by  M.  of  A.  CASTORINA  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to the disclosure of  firearm
          licensees and applicants information
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. The legislature finds and declares that
     2  municipalities and towns, which provides licenses to own firearms to any
     3  eligible resident municipality or town who  files  an  application  with
     4  sufficient  proof  of  eligibility.  The  legislature  further finds and
     5  declares that information submitted when applying  for  their  constitu-
     6  tionally  protected  right  to  bear arms is confidential by the munici-
     7  palities and towns in New York.    The  legislature  further  finds  and
     8  declares that in order to adequately protect the confidentiality of such
     9  applicants,  such  documents  fall within the personal privacy and other
    10  exemptions of the freedom of information law,  and  would  therefore  be
    11  exempt  from  disclosure.  However,  due  to the great importance of the
    12  privacy interests of such applicants, it should be made clear that these
    13  materials are not subject to disclosure under the freedom of information
    14  law. Accordingly, the legislature hereby finds and declares that  it  is
    15  necessary  and  appropriate  to  prevent  such documents from being made
    16  available for inspection and copying under the  freedom  of  information
    17  law and comparable provisions of the New York city charter.
    18    §  2. Paragraphs (f) and (g) of subdivision 5 of section 400.00 of the
    19  penal law, as added by chapter 1 of the laws of  2013,  are  amended  to
    20  read as follows:
    21    (f) The information of licensees or applicants for a license shall not
    22  be  disclosed  to  the  public [during the first one hundred twenty days
    23  following the effective date of the chapter of the laws of two  thousand
    24  thirteen, which amended this section. After such period, the information
    25  of  those  who  had  applied  for or been granted a license prior to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10492-01-7

        A. 6787                             2

     1  preparation of the form for requesting an exception, pursuant  to  para-
     2  graph  (b) of this subdivision, may be released only if such individuals
     3  did not file a request for such an exception during the first sixty days
     4  following  such  preparation;  provided,  however,  that  no information
     5  contained in an application for licensure or  recertification  shall  be
     6  disclosed  by  an  entity  that  has  not  completed processing any such
     7  requests received during such sixty  days]  and  shall  be  exempt  from
     8  disclosure under article six of the public officers law and sections one
     9  thousand  fifty-eight  and  one thousand fifty-nine of the New York city
    10  charter.
    11    [(g) If a request for an exception is determined to be null  and  void
    12  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    13  request review of such determination pursuant to  article  seventy-eight
    14  of  the  civil  practice  laws  and rules. Such proceeding must commence
    15  within thirty days after service of the written  notice  containing  the
    16  adverse  determination. Notice of the right to commence such a petition,
    17  and the time period therefor, shall be included in  the  notice  of  the
    18  determination.  Disclosure  following  such a petition shall not be made
    19  prior to the disposition of such review.]
    20    § 3. This act shall take effect immediately.