STATE OF NEW YORK
        ________________________________________________________________________
                                          1996
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 11, 2017
                                       ___________
        Introduced  by  Sens.  GALLIVAN,  AKSHAR,  AMEDORE,  MARCHIONE, RITCHIE,
          TEDISCO, 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 the recertification proc-
          ess for licenses for firearms
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions 5 and 10 of section 400.00 of the penal law,
     2  as amended by chapter 1 of the laws of 2013,  are  amended  to  read  as
     3  follows:
     4    5.  Filing  of  approved  applications.  (a)  The  application for any
     5  license, if granted, shall be filed by the licensing  officer  with  the
     6  clerk  of  the  county  of issuance, except that in the city of New York
     7  and, in the counties of Nassau and Suffolk, the licensing officer  shall
     8  designate  the  place  of  filing in the appropriate division, bureau or
     9  unit of the police department thereof, and in the county of Suffolk  the
    10  county  clerk  is  hereby authorized to transfer all records or applica-
    11  tions relating to firearms to the licensing authority  of  that  county.
    12  Except  as provided in paragraphs (b) through [(f)] (e) of this subdivi-
    13  sion, the name and address of any person to whom an application for  any
    14  license has been granted shall be a public record. Upon application by a
    15  licensee who has changed his place of residence such records or applica-
    16  tions  shall be transferred to the appropriate officer at the licensee's
    17  new place of residence. A duplicate copy of such  application  shall  be
    18  filed  by the licensing officer in the executive department, division of
    19  state police, Albany, within ten days after issuance of the license. The
    20  superintendent of state police may designate that such application shall
    21  be transmitted to the division of state police  electronically.  In  the
    22  event the superintendent of the division of state police determines that
    23  it  lacks  any of the records required to be filed with the division, it
    24  may request that such records be  provided  to  it  by  the  appropriate
    25  clerk,  department  or authority and such clerk, department or authority
    26  shall provide the division with such records. In the event  such  clerk,
    27  department or authority lacks such records, the division may request the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00236-01-7

        S. 1996                             2
     1  license  holder provide information sufficient to constitute such record
     2  and such license holder shall provide the division  with  such  informa-
     3  tion.  Such  information  shall be limited to the license holder's name,
     4  date of birth, gender, race, residential address, social security number
     5  and  firearms possessed by said license holder. Nothing in this subdivi-
     6  sion shall be construed to change the expiration date or  term  of  such
     7  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
     8  collected for purposes of inclusion in the database established by  this
     9  section  shall  be released pursuant to a court order. Records assembled
    10  or collected for purposes of inclusion in the database created  pursuant
    11  to  section  400.02  of  this chapter shall not be subject to disclosure
    12  pursuant to article six of the public officers law.
    13    (b) Each application for a license pursuant to paragraph (a)  of  this
    14  subdivision  shall  include,  on a separate written form prepared by the
    15  division of state police within thirty days of  the  effective  date  of
    16  [the]  chapter  one of the laws of two thousand thirteen[, which amended
    17  this section,] and provided to the applicant at the same time and in the
    18  same manner as the application for a license,  an  opportunity  for  the
    19  applicant  to  request an exception from his or her application informa-
    20  tion becoming public record pursuant to paragraph (a) of  this  subdivi-
    21  sion.  Such forms, which shall also be made available to individuals who
    22  had applied for or been granted a license prior to the effective date of
    23  [the] chapter one of the laws of two thousand  thirteen  [which  amended
    24  this  section,]  shall  notify  applicants  that, upon discovery that an
    25  applicant knowingly provided false information, such  applicant  may  be
    26  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    27  further, that his or her request for an  exception  shall  be  null  and
    28  void,  provided  that  written  notice  containing such determination is
    29  provided to the applicant. Further, such forms shall provide each appli-
    30  cant an opportunity to specify the grounds on which he or  she  believes
    31  his  or  her  application  information should not be publicly disclosed.
    32  These grounds, which shall be identified on the application with  a  box
    33  beside  each  for checking, as applicable, by the applicant, shall be as
    34  follows:
    35    (i) the applicant's life or safety may  be  endangered  by  disclosure
    36  because:
    37    (A)  the applicant is an active or retired police officer, peace offi-
    38  cer, probation officer, parole officer, or corrections officer;
    39    (B) the applicant is a protected person under a currently valid  order
    40  of protection;
    41    (C) the applicant is or was a witness in a criminal proceeding involv-
    42  ing a criminal charge;
    43    (D)  the  applicant  is  participating or previously participated as a
    44  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    45  or
    46    (E) the applicant is a spouse, domestic partner or household member of
    47  a  person  identified  in this subparagraph or subparagraph (ii) of this
    48  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    49  apply.
    50    (ii) the applicant has reason to believe his or her life or safety may
    51  be endangered by disclosure due to reasons stated by the applicant.
    52    (iii)  the applicant has reason to believe he or she may be subject to
    53  unwarranted harassment upon disclosure of such information.
    54    (c) [Each form provided for recertification pursuant to paragraph  (b)
    55  of  subdivision ten of this section shall include an opportunity for the
    56  applicant to request an exception from the information provided on  such

        S. 1996                             3

     1  form  becoming  public record pursuant to paragraph (a) of this subdivi-
     2  sion. Such forms shall notify applicants that, upon  discovery  that  an
     3  applicant  knowingly  provided  false information, such applicant may be
     4  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
     5  further, that his or her request for an  exception  shall  be  null  and
     6  void,  provided  that  written  notice  containing such determination is
     7  provided to the applicant. Further, such forms shall provide each appli-
     8  cant an opportunity to either decline to request the grant or  continua-
     9  tion of an exception, or specify the grounds on which he or she believes
    10  his  or her information should not be publicly disclosed. These grounds,
    11  which shall be identified in the application with a box beside each  for
    12  checking, as applicable, by the applicant, shall be the same as provided
    13  in paragraph (b) of this subdivision.
    14    (d)]  Information submitted on the forms described in paragraph (b) of
    15  this subdivision shall be excepted from disclosure and maintained by the
    16  entity retaining such information separate  and  apart  from  all  other
    17  records.
    18    [(e)]  (d) (i) Upon receiving a request for exception from disclosure,
    19  the licensing officer shall grant such exception, unless the request  is
    20  determined  to  be  null and void, pursuant to paragraph (b) [or (c)] of
    21  this subdivision.
    22    (ii) A request for an exception from disclosure may  be  submitted  at
    23  any time, including after a license or recertification has been granted.
    24    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    25  of this subdivision, the application information  shall  not  be  public
    26  record,  unless  the  request  is determined to be null and void. [If an
    27  exception is sought and granted pursuant to paragraph (c) of this subdi-
    28  vision, the  information  concerning  such  recertification  application
    29  shall  not be public record, unless the request is determined to be null
    30  and void.]
    31    [(f)] (e) The information of licensees or  applicants  for  a  license
    32  shall not be disclosed to the public during the first one hundred twenty
    33  days  following  the  effective date of [the] chapter one of the laws of
    34  two thousand thirteen[, which amended this section].  After such period,
    35  the information of those who had applied for or been granted  a  license
    36  prior to the preparation of the form for requesting an exception, pursu-
    37  ant  to  paragraph (b) of this subdivision, may be released only if such
    38  individuals did not file a request for  such  an  exception  during  the
    39  first  sixty days following such preparation; provided, however, that no
    40  information contained in an application for licensure or recertification
    41  shall be disclosed by an entity that has not  completed  processing  any
    42  such requests received during such sixty days.
    43    [(g)]  (f)  If a request for an exception is determined to be null and
    44  void pursuant to paragraph (b) [or (c)] of this subdivision,  an  appli-
    45  cant may request review of such determination pursuant to article seven-
    46  ty-eight  of  the  civil  practice [laws] law and rules. Such proceeding
    47  must commence within thirty days after service  of  the  written  notice
    48  containing  the  adverse  determination. Notice of the right to commence
    49  such a petition, and the time period therefor, shall be included in  the
    50  notice  of the determination. Disclosure following such a petition shall
    51  not be made prior to the disposition of such review.
    52    10. License: expiration, certification and renewal. [(a)] Any  license
    53  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
    54  license to carry or possess a pistol or revolver,  issued  at  any  time
    55  pursuant  to  this  section  or prior to the first day of July, nineteen
    56  hundred sixty-three and not limited to expire on an earlier  date  fixed

        S. 1996                             4
     1  in the license, shall expire not more than three years after the date of
     2  issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, any
     3  license to carry or possess a pistol or revolver,  issued  at  any  time
     4  pursuant  to  this  section  or prior to the first day of July, nineteen
     5  hundred sixty-three and not limited to expire on an earlier  date  fixed
     6  in  the license, shall expire not more than five years after the date of
     7  issuance; however, in the county of Westchester, any such license  shall
     8  be  certified  prior to the first day of April, two thousand, in accord-
     9  ance with a schedule to be contained in regulations promulgated  by  the
    10  commissioner  of  the  division  of criminal justice services, and every
    11  such license shall be  recertified  every  five  years  thereafter.  For
    12  purposes  of  this  section  certification  shall mean that the licensee
    13  shall provide to the licensing officer the following  information  only:
    14  current name, date of birth, current address, and the make, model, cali-
    15  ber  and serial number of all firearms currently possessed. Such certif-
    16  ication information shall be filed by the licensing officer in the  same
    17  manner  as  an amendment. Elsewhere than in the city of New York and the
    18  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
    19  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
    20  section or prior to the first day of July, nineteen hundred  sixty-three
    21  and  not  previously  revoked or cancelled, shall be in force and effect
    22  until revoked as herein provided. Any license not  previously  cancelled
    23  or  revoked shall remain in full force and effect for thirty days beyond
    24  the stated expiration date on such license. Any application to  renew  a
    25  license that has not previously expired, been revoked or cancelled shall
    26  thereby extend the term of the license until disposition of the applica-
    27  tion  by the licensing officer. In the case of a license for gunsmith or
    28  dealer in firearms, in counties having a population  of  less  than  two
    29  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
    30  submitted on original applications and upon renewal thereafter  only  at
    31  six  year  intervals.  Upon  satisfactory  proof  that a currently valid
    32  original license has been despoiled, lost or otherwise removed from  the
    33  possession of the licensee and upon application containing an additional
    34  photograph  of  the licensee, the licensing officer shall issue a dupli-
    35  cate license.
    36    [(b) All licensees shall be  recertified  to  the  division  of  state
    37  police every five years thereafter. Any license issued before the effec-
    38  tive  date  of  the  chapter  of the laws of two thousand thirteen which
    39  added this paragraph shall be recertified by the licensee on  or  before
    40  January  thirty-first, two thousand eighteen, and not less than one year
    41  prior to such date, the state police shall send a notice to all  license
    42  holders  who  have  not  recertified  by such time. Such recertification
    43  shall be in a form as approved by the superintendent  of  state  police,
    44  which  shall  request  the license holder's name, date of birth, gender,
    45  race, residential address, social security number, firearms possessed by
    46  such license holder, email address at the option of the  license  holder
    47  and  an  affirmation  that  such  license  holder is not prohibited from
    48  possessing firearms. The form may be in an electronic form if so  desig-
    49  nated  by the superintendent of state police. Failure to recertify shall
    50  act as a revocation of such  license.  If  the  New  York  state  police
    51  discover  as  a  result  of  the recertification process that a licensee
    52  failed to provide a change of address, the New York state  police  shall
    53  not require the licensing officer to revoke such license.]
    54    § 2. This act shall take effect immediately.