STATE OF NEW YORK
________________________________________________________________________
7357
2017-2018 Regular Sessions
IN ASSEMBLY
April 24, 2017
___________
Introduced by M. of A. OAKS, KOLB, HAWLEY, PALMESANO, WALTER, FINCH,
FRIEND, DiPIETRO, ERRIGO -- Multi-Sponsored by -- M. of A. BARCLAY,
BLANKENBUSH, CASTORINA, CROUCH, GIGLIO, LALOR, McDONOUGH, McLAUGHLIN,
B. MILLER, MONTESANO, STEC -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to a license to carry or
possess a firearm
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 265.00 of the penal law is amended by adding a new
2 subdivision 10-a to read as follows:
3 10-a. "Filing officer" means the county clerk of each county, unless
4 otherwise specified through resolution by the county's legislative body.
5 § 2. Subdivisions 9, 10, 13 and 14 of section 400.00 of the penal law,
6 subdivisions 9 and 10 as amended by chapter 1 of the laws of 2013 and
7 subdivision 14 as amended by chapter 195 of the laws of 2005, are
8 amended to read as follows:
9 9. License: amendment. Elsewhere than in the city of New York, a
10 person licensed to carry or possess a pistol or revolver may apply at
11 any time to [his or her licensing] the filing officer for amendment of
12 his or her license to include one or more such weapons or to cancel
13 weapons held under license. [If granted, a] A record of the amendment
14 describing the weapons involved shall be filed by the licensing officer
15 in the executive department, division of state police, Albany. The
16 superintendent of state police may authorize that such amendment be
17 completed and transmitted to the state police in electronic form.
18 Notification of any change of residence shall be made in writing by any
19 licensee within ten days after such change occurs, and a record of such
20 change shall be inscribed by such licensee on the reverse side of his or
21 her license. Elsewhere than in the city of New York, and in the counties
22 of Nassau and Suffolk, such notification shall be made to the executive
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08441-01-7
A. 7357 2
1 department, division of state police, Albany, and in the city of New
2 York to the police commissioner of that city, and in the county of
3 Nassau to the police commissioner of that county, and in the county of
4 Suffolk to the [licensing] filing officer of that county, who shall,
5 within ten days after such notification shall be received by him or her,
6 give notice in writing of such change to the executive department, divi-
7 sion of state police, at Albany.
8 10. License: expiration, certification and renewal. (a) Any license
9 for gunsmith or dealer in firearms and, in the city of New York, any
10 license to carry or possess a pistol or revolver, issued at any time
11 pursuant to this section or prior to the first day of July, nineteen
12 hundred sixty-three and not limited to expire on an earlier date fixed
13 in the license, shall expire not more than three years after the date of
14 issuance. In the counties of Nassau, Suffolk and Westchester, any
15 license to carry or possess a pistol or revolver, issued at any time
16 pursuant to this section or prior to the first day of July, nineteen
17 hundred sixty-three and not limited to expire on an earlier date fixed
18 in the license, shall expire not more than five years after the date of
19 issuance; however, in the county of Westchester, any such license shall
20 be certified prior to the first day of April, two thousand, in accord-
21 ance with a schedule to be contained in regulations promulgated by the
22 commissioner of the division of criminal justice services, and every
23 such license shall be recertified every five years thereafter. For
24 purposes of this section certification shall mean that the licensee
25 shall provide to the licensing officer the following information only:
26 current name, date of birth, current address, and the make, model, cali-
27 ber and serial number of all firearms currently possessed. Such certif-
28 ication information shall be filed by the licensing officer in the same
29 manner as an amendment. Elsewhere than in the city of New York and the
30 counties of Nassau, Suffolk and Westchester, any license to carry or
31 possess a pistol or revolver, issued at any time pursuant to this
32 section or prior to the first day of July, nineteen hundred sixty-three
33 and not previously revoked or cancelled, shall be in force and effect
34 until revoked as herein provided. Any license not previously cancelled
35 or revoked shall remain in full force and effect for thirty days beyond
36 the stated expiration date on such license. Any application to renew a
37 license that has not previously expired, been revoked or cancelled shall
38 thereby extend the term of the license until disposition of the applica-
39 tion by the [licensing] filing officer. In the case of a license for
40 gunsmith or dealer in firearms, in counties having a population of less
41 than two hundred thousand inhabitants, photographs and fingerprints
42 shall be submitted on original applications and upon renewal thereafter
43 only at six year intervals. Upon satisfactory proof that a currently
44 valid original license has been despoiled, lost or otherwise removed
45 from the possession of the licensee and upon application containing an
46 additional photograph of the licensee, the [licensing] filing officer
47 shall issue a duplicate license.
48 (b) All licensees shall be recertified to the division of state police
49 every five years thereafter. Any license issued before the effective
50 date of the chapter of the laws of two thousand thirteen which added
51 this paragraph shall be recertified by the licensee on or before January
52 thirty-first, two thousand eighteen, and not less than one year prior to
53 such date, the state police shall send a notice to all license holders
54 who have not recertified by such time. Such recertification shall be in
55 a form as approved by the superintendent of state police, which shall
56 request the license holder's name, date of birth, gender, race, residen-
A. 7357 3
1 tial address, social security number, firearms possessed by such license
2 holder, email address at the option of the license holder and an affir-
3 mation that such license holder is not prohibited from possessing
4 firearms. The form may be in an electronic form if so designated by the
5 superintendent of state police. Failure to recertify shall act as a
6 revocation of such license. If the New York state police discover as a
7 result of the recertification process that a licensee failed to provide
8 a change of address, the New York state police shall not require the
9 [licensing] filing officer to revoke such license.
10 13. Expenses. The expense of providing a [licensing] filing officer
11 with blank applications, licenses and record books for carrying out the
12 provisions of this section shall be a charge against the county, and in
13 the city of New York against the city.
14 14. Fees. In the city of New York and the county of Nassau, the annual
15 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
16 for dealers in firearms. In such city, the city council and in the coun-
17 ty of Nassau the Board of Supervisors shall fix the fee to be charged
18 for a license to carry or possess a pistol or revolver and provide for
19 the disposition of such fees. Elsewhere in the state, the [licensing]
20 filing officer shall collect and pay into the county treasury the
21 following fees: for each license to carry or possess a pistol or revol-
22 ver, not less than three dollars nor more than ten dollars as may be
23 determined by the legislative body of the county; for each amendment
24 thereto, three dollars, and five dollars in the county of Suffolk; and
25 for each license issued to a gunsmith or dealer in firearms, ten
26 dollars. The fee for a duplicate license shall be five dollars. The fee
27 for processing a license transfer between counties shall be five
28 dollars. The fee for processing a license or renewal thereof for a qual-
29 ified retired police officer as defined under subdivision thirty-four of
30 section 1.20 of the criminal procedure law, or a qualified retired sher-
31 iff, undersheriff, or deputy sheriff of the city of New York as defined
32 under subdivision two of section 2.10 of the criminal procedure law, or
33 a qualified retired bridge and tunnel officer, sergeant or lieutenant of
34 the triborough bridge and tunnel authority as defined under subdivision
35 twenty of section 2.10 of the criminal procedure law, or a qualified
36 retired uniformed court officer in the unified court system, or a quali-
37 fied retired court clerk in the unified court system in the first and
38 second judicial departments, as defined in paragraphs a and b of subdi-
39 vision twenty-one of section 2.10 of the criminal procedure law or a
40 retired correction officer as defined in subdivision twenty-five of
41 section 2.10 of the criminal procedure law shall be waived in all coun-
42 ties throughout the state.
43 § 3. This act shall take effect immediately.