STATE OF NEW YORK
        ________________________________________________________________________
                                          2070
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced  by  Sens.  MARCHIONE,  BOYLE,  DeFRANCISCO, FUNKE, GALLIVAN,
          GRIFFO, LARKIN, O'MARA, ORTT, RANZENHOFER, RITCHIE, SEWARD,  YOUNG  --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Judiciary
        AN ACT to amend the family court act, in relation to the suspension  and
          revocation  of  a  license  to  carry  firearms; to amend the domestic
          relations law, in relation to orders of protection; to amend the penal
          law, in relation to the applicability of  certain  provisions  of  the
          penal   law,  large  capacity  ammunition  feeding  devices,  and  gun
          licenses; to amend section 58 of chapter 1 of the laws of 2013  amend-
          ing  the  criminal procedure law and other laws relating to suspension
          and revocation of firearms  licenses;  private  sale  or  disposal  of
          firearms, rifles or shotguns and establishing a minimum age to possess
          a  firearm,  in  relation  to the effectiveness thereof; and to repeal
          article 39-DDD of the general business law  relating  to  the  private
          sale or disposal of firearms, rifles and shotguns, section 9.46 of the
          mental  hygiene  law relating to reports of substantial risk or threat
          of harm by mental health professionals, sections 37, 38, 46 and 51  of
          chapter 1 of the laws of 2013, amending the criminal procedure law and
          other laws relating to suspension and revocation of firearms licenses;
          private  sale  or  disposal of firearms, rifles or shotguns and estab-
          lishing a minimum age to possess a firearm relating  to  gun  control,
          section 265.01-b of the penal law relating to criminal possession of a
          firearm,  section  265.36  of  the  penal  law  relating  to  unlawful
          possession of a large capacity ammunition feeding  device,  265.37  of
          the  penal  law  relating to unlawful possession of certain ammunition
          feeding devices, 265.45 of the penal law relating to the safe  storage
          of rifles, shotguns, and firearms, 400.02 of the penal law relating to
          the  statewide license and record database and 400.03 of the penal law
          relating to sellers of ammunition, and section 2509 of the surrogate's
          court procedure act relating to a firearms inventory
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05710-01-7

        S. 2070                             2
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 446-a of the family court act, as added by chapter
     2  1 of the laws of 2013, is amended to read as follows:
     3    § 446-a. Firearms; surrender and license  suspension,  revocation  and
     4  ineligibility.  Upon the issuance of an order of protection or temporary
     5  order of protection, or upon a violation of such order, the court  shall
     6  make a determination regarding the suspension [and] and/or revocation of
     7  a license to carry, possess, repair or dispose of a firearm or firearms,
     8  ineligibility  for  such  a  license  and  the  surrender of firearms in
     9  accordance with section eight hundred forty-two-a of this act.
    10    § 2. Section 552 of the family court act, as added by chapter 1 of the
    11  laws of 2013, is amended to read as follows:
    12    § 552. Firearms; surrender  and  license  suspension,  revocation  and
    13  ineligibility.  Upon the issuance of an order of protection or temporary
    14  order of protection, or upon a violation of such order, the court  shall
    15  make a determination regarding the suspension [and] and/or revocation of
    16  a license to carry, possess, repair or dispose of a firearm or firearms,
    17  ineligibility  for  such  a  license  and  the  surrender of firearms in
    18  accordance with section eight hundred forty-two-a of this act.
    19    § 3. Section 656-a of the family court act, as added by chapter  1  of
    20  the laws of 2013, is amended to read as follows:
    21    §  656-a.  Firearms;  surrender and license suspension, revocation and
    22  ineligibility. Upon the issuance of an order of protection or  temporary
    23  order  of protection, or upon a violation of such order, the court shall
    24  make a determination regarding the suspension [and] and/or revocation of
    25  a license to carry, possess, repair or dispose of a firearm or firearms,
    26  ineligibility for such a  license  and  the  surrender  of  firearms  in
    27  accordance with section eight hundred forty-two-a of this act.
    28    §  4.  Section 780-a of the family court act, as added by chapter 1 of
    29  the laws of 2013, is amended to read as follows:
    30    § 780-a. Firearms; surrender and license  suspension,  revocation  and
    31  ineligibility.  Upon the issuance of an order of protection or temporary
    32  order of protection, or upon a violation of such order, the court  shall
    33  make a determination regarding the suspension [and] and/or revocation of
    34  a license to carry, possess, repair or dispose of a firearm or firearms,
    35  ineligibility  for  such  a  license  and  the  surrender of firearms in
    36  accordance with section eight hundred forty-two-a of this act.
    37    § 5. Paragraph h of subdivision 3  of  section  240  of  the  domestic
    38  relations  law,  as amended by chapter 1 of the laws of 2013, is amended
    39  to read as follows:
    40    h. Upon issuance of an order  of  protection  or  temporary  order  of
    41  protection  or  upon  a  violation of such order, the court shall make a
    42  determination regarding the suspension  [and]  and/or  revocation  of  a
    43  license  to  carry, possess, repair or dispose of a firearm or firearms,
    44  ineligibility for such a  license  and  the  surrender  of  firearms  in
    45  accordance  with  sections  eight  hundred forty-two-a and eight hundred
    46  forty-six-a of the family court act, as applicable. Upon issuance of  an
    47  order  of  protection  pursuant  to  this section or upon a finding of a
    48  violation thereof, the court also may direct payment of  restitution  in
    49  an amount not to exceed ten thousand dollars in accordance with subdivi-
    50  sion  (e)  of  section  eight  hundred  forty-one of such act; provided,
    51  however, that in no case shall an order of restitution be  issued  where
    52  the  court  determines  that  the  party against whom the order would be

        S. 2070                             3
     1  issued has already compensated the injured party or where  such  compen-
     2  sation is incorporated in a final judgment or settlement of the action.
     3    §  6.  Subdivision  9 of section 252 of the domestic relations law, as
     4  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     5    9. Upon issuance of an order  of  protection  or  temporary  order  of
     6  protection  or  upon  a  violation of such order, the court shall make a
     7  determination regarding the suspension  [and]  and/or  revocation  of  a
     8  license  to  carry, possess, repair or dispose of a firearm or firearms,
     9  ineligibility for such a  license  and  the  surrender  of  firearms  in
    10  accordance  with  sections  eight  hundred forty-two-a and eight hundred
    11  forty-six-a of the family court act, as applicable. Upon issuance of  an
    12  order  of  protection  pursuant  to  this section or upon a finding of a
    13  violation thereof, the court also may direct payment of  restitution  in
    14  an amount not to exceed ten thousand dollars in accordance with subdivi-
    15  sion  (e)  of  section  eight  hundred  forty-one of such act; provided,
    16  however, that in no case shall an order of restitution be  issued  where
    17  the  court  determines  that  the  party against whom the order would be
    18  issued has already compensated the injured party or where  such  compen-
    19  sation is incorporated in a final judgment or settlement of the action.
    20    § 7. Article 39-DDD of the general business law is REPEALED.
    21    § 8. Section 9.46 of the mental hygiene law is REPEALED.
    22    §  9.  Sections  37,  38,  46 and 51 of chapter 1 of the laws of 2013,
    23  amending the criminal procedure law and other laws relating  to  suspen-
    24  sion  and  revocation  of firearms licenses; private sale or disposal of
    25  firearms, rifles or shotguns and establishing a minimum age to possess a
    26  firearm are REPEALED.
    27    § 10. Sections 265.01-b, 265.36, 265.37, 265.45, 400.02 and 400.03  of
    28  the penal law are REPEALED.
    29    §  11. Subdivision 8 of section 265.02 of the penal law, as amended by
    30  chapter 1 of the laws of 2013, is amended to read as follows:
    31    (8) Such person possesses a large capacity ammunition feeding device[.
    32  For purposes of this subdivision, a large  capacity  ammunition  feeding
    33  device shall not include an ammunition feeding device lawfully possessed
    34  by  such  person before the effective date of the chapter of the laws of
    35  two thousand thirteen which amended this subdivision, that has a capaci-
    36  ty of, or that can be readily restored or converted to accept more  than
    37  seven  but  less  than eleven rounds of ammunition, or that was manufac-
    38  tured before September thirteenth, nineteen  hundred  ninety-four,  that
    39  has  a  capacity  of,  or  that  can be readily restored or converted to
    40  accept, more than ten rounds of ammunition]; or
    41    § 12. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00  of  the
    42  penal  law,  subdivisions  5, 10 and 12 as amended and subdivisions 16-a
    43  and 16-b as added by chapter 1 of the laws of 2013, and paragraph  (a-1)
    44  of  subdivision  16-a  as  added  by chapter 98 of the laws of 2013, are
    45  amended to read as follows:
    46    5. Filing of approved applications.  [(a)]  The  application  for  any
    47  license,  if  granted,  shall be filed by the licensing officer with the
    48  clerk of the county of issuance, except that in the  city  of  New  York
    49  and,  in the counties of Nassau and Suffolk, the licensing officer shall
    50  designate the place of filing in the  appropriate  division,  bureau  or
    51  unit  of the police department thereof, and in the county of Suffolk the
    52  county clerk is hereby authorized to transfer all  records  or  applica-
    53  tions  relating  to  firearms to the licensing authority of that county.
    54  [Except as provided in paragraphs (b) through (f) of  this  subdivision,
    55  the]  The  name and address of any person to whom an application for any
    56  license has been granted shall not be a public record. Upon  application

        S. 2070                             4
     1  by  a  licensee  who  has changed his place of residence such records or
     2  applications shall be transferred to  the  appropriate  officer  at  the
     3  licensee's  new place of residence. A duplicate copy of such application
     4  shall  be  filed  by  the licensing officer in the executive department,
     5  division of state police, Albany, within ten days after issuance of  the
     6  license.  The  superintendent  of  state  police may designate that such
     7  application shall be transmitted to the division of state  police  elec-
     8  tronically.  In  the  event  the superintendent of the division of state
     9  police determines that it lacks any of the records required to be  filed
    10  with the division, it may request that such records be provided to it by
    11  the  appropriate  clerk, department or authority and such clerk, depart-
    12  ment or authority shall provide the division with such records.  In  the
    13  event  such clerk, department or authority lacks such records, the divi-
    14  sion may request the license holder provide  information  sufficient  to
    15  constitute  such  record and such license holder shall provide the divi-
    16  sion with such information. Such information shall  be  limited  to  the
    17  license  holder's name, date of birth, gender,race, residential address,
    18  social security number and firearms possessed by  said  license  holder.
    19  Nothing  in this subdivision shall be construed to change the expiration
    20  date or term of such licenses if otherwise provided for in law. [Records
    21  assembled or collected for purposes of inclusion in the database  estab-
    22  lished  by  this  section  shall  be released pursuant to a court order.
    23  Records assembled or collected for purposes of inclusion in the database
    24  created pursuant to section 400.02 of this chapter shall not be  subject
    25  to disclosure pursuant to article six of the public officers law.
    26    (b)  Each  application for a license pursuant to paragraph (a) of this
    27  subdivision shall include, on a separate written form  prepared  by  the
    28  division of state police within thirty days of the effective date of the
    29  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
    30  section, and provided to the applicant at the same time and in the  same
    31  manner  as  the application for a license, an opportunity for the appli-
    32  cant to request an exception from his  or  her  application  information
    33  becoming  public  record  pursuant to paragraph (a) of this subdivision.
    34  Such forms, which shall also be made available to  individuals  who  had
    35  applied for or been granted a license prior to the effective date of the
    36  chapter of the laws of two thousand thirteen which amended this section,
    37  shall notify applicants that, upon discovery that an applicant knowingly
    38  provided  false  information, such applicant may be subject to penalties
    39  pursuant to section 175.30 of this chapter, and further, that his or her
    40  request for an exception shall be null and void, provided  that  written
    41  notice  containing  such  determination  is  provided  to the applicant.
    42  Further, such forms shall provide each applicant an opportunity to spec-
    43  ify the grounds on which he or  she  believes  his  or  her  application
    44  information should not be publicly disclosed. These grounds, which shall
    45  be identified on the application with a box beside each for checking, as
    46  applicable, by the applicant, shall be as follows:
    47    (i)  the  applicant's  life  or safety may be endangered by disclosure
    48  because:
    49    (A) the applicant is an active or retired police officer, peace  offi-
    50  cer, probation officer, parole officer, or corrections officer;
    51    (B)  the applicant is a protected person under a currently valid order
    52  of protection;
    53    (C) the applicant is or was a witness in a criminal proceeding involv-
    54  ing a criminal charge;

        S. 2070                             5

     1    (D) the applicant is participating or  previously  participated  as  a
     2  juror  in  a criminal proceeding, or is or was a member of a grand jury;
     3  or
     4    (E) the applicant is a spouse, domestic partner or household member of
     5  a  person  identified  in this subparagraph or subparagraph (ii) of this
     6  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
     7  apply.
     8    (ii) the applicant has reason to believe his or her life or safety may
     9  be endangered by disclosure due to reasons stated by the applicant.
    10    (iii)  the applicant has reason to believe he or she may be subject to
    11  unwarranted harassment upon disclosure of such information.
    12    (c) Each form provided for recertification pursuant to  paragraph  (b)
    13  of  subdivision ten of this section shall include an opportunity for the
    14  applicant to request an exception from the information provided on  such
    15  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    16  sion. Such forms shall notify applicants that, upon  discovery  that  an
    17  applicant  knowingly  provided  false information, such applicant may be
    18  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    19  further,  that  his  or  her  request for an exception shall be null and
    20  void, provided that written  notice  containing  such  determination  is
    21  provided to the applicant. Further, such forms shall provide each appli-
    22  cant  an opportunity to either decline to request the grant or continua-
    23  tion of an exception, or specify the grounds on which he or she believes
    24  his or her information should not be publicly disclosed. These  grounds,
    25  which  shall be identified in the application with a box beside each for
    26  checking, as applicable, by the applicant, shall be the same as provided
    27  in paragraph (b) of this subdivision.
    28    (d) Information submitted on the forms described in paragraph  (b)  of
    29  this subdivision shall be excepted from disclosure and maintained by the
    30  entity  retaining  such  information  separate  and apart from all other
    31  records.
    32    (e) (i) Upon receiving a request for exception  from  disclosure,  the
    33  licensing  officer  shall  grant  such  exception, unless the request is
    34  determined to be null and void, pursuant to paragraph (b) or (c) of this
    35  subdivision.
    36    (ii) A request for an exception from disclosure may  be  submitted  at
    37  any time, including after a license or recertification has been granted.
    38    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    39  of this subdivision, the application information  shall  not  be  public
    40  record,  unless  the  request  is  determined to be null and void. If an
    41  exception is sought and granted pursuant to paragraph (c) of this subdi-
    42  vision, the  information  concerning  such  recertification  application
    43  shall  not be public record, unless the request is determined to be null
    44  and void.
    45    (f) The information of licensees or applicants for a license shall not
    46  be disclosed to the public during the  first  one  hundred  twenty  days
    47  following  the effective date of the chapter of the laws of two thousand
    48  thirteen, which amended this section. After such period, the information
    49  of those who had applied for or been granted  a  license  prior  to  the
    50  preparation  of  the form for requesting an exception, pursuant to para-
    51  graph (b) of this subdivision, may be released only if such  individuals
    52  did not file a request for such an exception during the first sixty days
    53  following  such  preparation;  provided,  however,  that  no information
    54  contained in an application for licensure or  recertification  shall  be
    55  disclosed  by  an  entity  that  has  not  completed processing any such
    56  requests received during such sixty days.

        S. 2070                             6

     1    (g) If a request for an exception is determined to be  null  and  void
     2  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
     3  request review of such determination pursuant to  article  seventy-eight
     4  of  the  civil  practice  laws  and rules. Such proceeding must commence
     5  within  thirty  days  after service of the written notice containing the
     6  adverse determination. Notice of the right to commence such a  petition,
     7  and  the  time  period  therefor, shall be included in the notice of the
     8  determination. Disclosure following such a petition shall  not  be  made
     9  prior to the disposition of such review.]
    10    10.  License: expiration, certification and renewal. [(a)] Any license
    11  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    12  license  to  carry  or  possess a pistol or revolver, issued at any time
    13  pursuant to this section or prior to the first  day  of  July,  nineteen
    14  hundred  sixty-three  and not limited to expire on an earlier date fixed
    15  in the license, shall expire not more than three years after the date of
    16  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
    17  license  to  carry  or  possess a pistol or revolver, issued at any time
    18  pursuant to this section or prior to the first  day  of  July,  nineteen
    19  hundred  sixty-three  and not limited to expire on an earlier date fixed
    20  in the license, shall expire not more than five years after the date  of
    21  issuance;  however, in the county of Westchester, any such license shall
    22  be certified prior to the first day of April, two thousand,  in  accord-
    23  ance  with  a schedule to be contained in regulations promulgated by the
    24  commissioner of the division of criminal  justice  services,  and  every
    25  such  license  shall  be  recertified  every  five years thereafter. For
    26  purposes of this section certification  shall  mean  that  the  licensee
    27  shall  provide  to the licensing officer the following information only:
    28  current name, date of birth, current address, and the make, model, cali-
    29  ber and serial number of all firearms currently possessed. Such  certif-
    30  ication  information shall be filed by the licensing officer in the same
    31  manner as an amendment. Elsewhere than in the city of New York  and  the
    32  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    33  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    34  section  or prior to the first day of July, nineteen hundred sixty-three
    35  and not previously revoked or cancelled, shall be in  force  and  effect
    36  until  revoked  as herein provided. Any license not previously cancelled
    37  or revoked shall remain in full force and effect for thirty days  beyond
    38  the  stated  expiration date on such license. Any application to renew a
    39  license that has not previously expired, been revoked or cancelled shall
    40  thereby extend the term of the license until disposition of the applica-
    41  tion by the licensing officer. In the case of a license for gunsmith  or
    42  dealer  in  firearms,  in  counties having a population of less than two
    43  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    44  submitted  on  original applications and upon renewal thereafter only at
    45  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
    46  original  license has been despoiled, lost or otherwise removed from the
    47  possession of the licensee and upon application containing an additional
    48  photograph of the licensee, the licensing officer shall issue  a  dupli-
    49  cate license.
    50    [(b)  All  licensees  shall  be  recertified  to the division of state
    51  police every five years thereafter. Any license issued before the effec-
    52  tive date of the chapter of the laws  of  two  thousand  thirteen  which
    53  added  this  paragraph shall be recertified by the licensee on or before
    54  January thirty-first, two thousand eighteen, and not less than one  year
    55  prior  to such date, the state police shall send a notice to all license
    56  holders who have not recertified  by  such  time.  Such  recertification

        S. 2070                             7

     1  shall  be  in  a form as approved by the superintendent of state police,
     2  which shall request the license holder's name, date  of  birth,  gender,
     3  race, residential address, social security number, firearms possessed by
     4  such  license  holder, email address at the option of the license holder
     5  and an affirmation that such  license  holder  is  not  prohibited  from
     6  possessing  firearms. The form may be in an electronic form if so desig-
     7  nated by the superintendent of state police. Failure to recertify  shall
     8  act  as  a  revocation  of  such  license.  If the New York state police
     9  discover as a result of the  recertification  process  that  a  licensee
    10  failed  to  provide a change of address, the New York state police shall
    11  not require the licensing officer to revoke such license.]
    12    12. Records required of gunsmiths and dealers in firearms. Any  person
    13  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
    14  approved as to form, except in the city of New York, by the  superinten-
    15  dent of state police. In the record book shall be entered at the time of
    16  every  transaction  involving  a firearm the date, name, age, occupation
    17  and residence of any person from whom a firearm is received or to whom a
    18  firearm is delivered, and the calibre, make, model, manufacturer's  name
    19  and  serial number, or if none, any other distinguishing number or iden-
    20  tification mark on such firearm. Before  delivering  a  firearm  to  any
    21  person, the licensee shall require him to produce either a license valid
    22  under  this  section  to  carry  or possess the same, or proof of lawful
    23  authority as an exempt person pursuant to section 265.20.  In  addition,
    24  before delivering a firearm to a peace officer, the licensee shall veri-
    25  fy  that  person's  status as a peace officer with the division of state
    26  police. After completing the foregoing, the licensee  shall  remove  and
    27  retain the attached coupon and enter in the record book the date of such
    28  license,  number, if any, and name of the licensing officer, in the case
    29  of the holder of a license to carry or possess, or the shield  or  other
    30  number,  if  any, assignment and department, unit or agency, in the case
    31  of an exempt person. The original transaction report shall be  forwarded
    32  to  the division of state police within ten days of delivering a firearm
    33  to any person, and a duplicate copy shall be kept by the  licensee.  The
    34  superintendent  of  state police may designate that such record shall be
    35  completed and transmitted in electronic form. A dealer may be granted  a
    36  waiver  from  transmitting such records in electronic form if the super-
    37  intendent determines that such dealer is incapable of such  transmission
    38  due  to  technological  limitations  that  are not reasonably within the
    39  control of the dealer, or other exceptional  circumstances  demonstrated
    40  by  the  dealer, pursuant to a process established in regulation, and at
    41  the discretion of the superintendent. [Records  assembled  or  collected
    42  for  purposes  of  inclusion in the database created pursuant to section
    43  400.02 of this article shall not be subject to  disclosure  pursuant  to
    44  article  six of the public officers law.] The record book shall be main-
    45  tained on the premises mentioned and described in the license and  shall
    46  be  open  at  all  reasonable hours for inspection by any peace officer,
    47  acting pursuant to his special duties, or police officer. In  the  event
    48  of  cancellation  or revocation of the license for gunsmith or dealer in
    49  firearms, or discontinuance of business by a licensee, such record  book
    50  shall be immediately surrendered to the licensing officer in the city of
    51  New  York,  and  in the counties of Nassau and Suffolk, and elsewhere in
    52  the state to the executive department, division of state police.
    53    16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
    54  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
    55  possessed  before  the  date of the effective date of the chapter of the
    56  laws of two thousand thirteen which added this paragraph, must  make  an

        S. 2070                             8

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

        S. 2070                             9

     1  within  such thirty-day period shall result in such weapon being removed
     2  by an appropriate law enforcement authority and declared a nuisance.
     3    16-b.] The cost of the software, programming and interface required to
     4  transmit any record that must be electronically transmitted by the deal-
     5  er or licensing officer to the division of state police pursuant to this
     6  chapter shall be borne by the state.
     7    § 13. Section 2509 of the surrogate's court procedure act is REPEALED.
     8    §  14. Section 58 of chapter 1 of the laws of 2013 amending the crimi-
     9  nal procedure law and other laws relating to suspension  and  revocation
    10  of  firearms  licenses;  private sale or disposal of firearms, rifles or
    11  shotguns and establishing a minimum age to possess a  firearm,  subdivi-
    12  sion  b  as amended by section 4 of part FF of chapter 57 of the laws of
    13  2013, is amended to read as follows:
    14    § 58. This act shall take effect immediately; provided, however, that:
    15    a. Sections one, two, three, four, five, [six,  seven,  eight,  nine,]
    16  ten,  [eleven, twelve,] thirteen, fourteen, fifteen, sixteen, seventeen,
    17  eighteen,  nineteen,  [twenty,]  twenty-one,  twenty-two,  twenty-three,
    18  twenty-four,  twenty-five, twenty-six, twenty-six-a, twenty-seven, twen-
    19  ty-eight, twenty-nine,  thirty,  thirty-one,  thirty-two,  thirty-three,
    20  thirty-four,  thirty-five,  thirty-six,  thirty-nine, forty, [forty-one,
    21  forty-one-a, forty-one-b,] forty-two, forty-three,  forty-five,  [forty-
    22  six,  forty-six-a,  forty-seven,  fifty-one,]  fifty-two, [fifty-three,]
    23  fifty-four, fifty-five, and fifty-six of this act shall take  effect  on
    24  the sixtieth day after it shall have become a law;
    25    b.  [The  amendments  to subdivision 23 of section 265.00 of the penal
    26  law made by section thirty-eight of this act shall take  effect  on  the
    27  ninetieth  day  after  this act shall have become a law, except that the
    28  amendments designating paragraph (a) of subdivision 23 shall take effect
    29  immediately; and provided further that the effective date of the  amend-
    30  ments  adding  paragraphs  (b)  and  (c)  to  such  subdivision shall be
    31  suspended and not effective;
    32    c.] The amendments to subdivision 1, paragraph (a) of  subdivision  3,
    33  and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
    34  penal  law made by section forty-eight of this act shall take effect one
    35  year after this act shall have become a law;
    36    [d. The amendments to subdivision 16-a of section 400.00 of the  penal
    37  law  made  by  section  forty-eight of this act shall take effect on the
    38  ninetieth day after this act shall have become a law;
    39    e. The amendments to sections 400.02 and 400.03 of the penal law  made
    40  by  sections forty-nine and fifty of this act shall take effect one year
    41  after it shall have become a law;] and
    42    [f.] c. The amendments to subdivision (b) of section 9.47 and sections
    43  9.48 and 9.60 of the mental hygiene law  made  by  sections  twenty-one,
    44  twenty-two  and twenty-three of this act shall not affect the expiration
    45  and repeal of such paragraph and sections and shall be  deemed  repealed
    46  therewith.
    47    §  15.  Severability.  If  any clause, sentence, paragraph, section or
    48  part of this act shall be adjudged by any court of  competent  jurisdic-
    49  tion  to be invalid and after exhaustion of all further judicial review,
    50  the judgment shall not affect, impair or invalidate the remainder there-
    51  of, but shall be confined in its  operation  to  the  clause,  sentence,
    52  paragraph,  section or part of this act directly involved in the contro-
    53  versy in which the judgment shall have been rendered.
    54    § 16. This act shall take effect immediately.