STATE OF NEW YORK
        ________________________________________________________________________
                                          3394
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 23, 2017
                                       ___________
        Introduced  by Sens. GALLIVAN, AKSHAR, AMEDORE, MARCHIONE, 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 filing of approved
          applications for licenses to carry, possess,  repair  and  dispose  of
          firearms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of  section  400.00  of  the  penal  law,  as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3    5.  Filing  of  approved  applications.  [(a)] The application for any
     4  license, if granted, shall be filed by the licensing  officer  with  the
     5  clerk  of  the  county  of issuance, except that in the city of New York
     6  and, in the counties of Nassau and Suffolk, the licensing officer  shall
     7  designate  the  place  of  filing in the appropriate division, bureau or
     8  unit of the police department thereof, and in the county of Suffolk  the
     9  county  clerk  is  hereby authorized to transfer all records or applica-
    10  tions relating to firearms to the licensing authority  of  that  county.
    11  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    12  the name and  address]  The  application  and  any  supporting  records,
    13  including  any  information  contained therein, of any person to whom an
    14  application for any license has been  granted  shall  not  be  a  public
    15  record and shall not be subject to disclosure pursuant to article six of
    16  the public officers law.  Upon application by a licensee who has changed
    17  his place of residence such records or applications shall be transferred
    18  to  the  appropriate officer at the licensee's new place of residence. A
    19  duplicate copy of such application shall be filed by the licensing offi-
    20  cer in the executive department, division of state police, Albany, with-
    21  in ten days after issuance of the license. The superintendent  of  state
    22  police  may  designate that such application shall be transmitted to the
    23  division of state police electronically. In the event the superintendent
    24  of the division of state police determines that  it  lacks  any  of  the
    25  records required to be filed with the division, it may request that such
    26  records  be  provided  to  it  by  the  appropriate clerk, department or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00237-01-7

        S. 3394                             2
     1  authority and such clerk, department  or  authority  shall  provide  the
     2  division  with  such  records.  In  the  event such clerk, department or
     3  authority lacks such records, the division may request the license hold-
     4  er  provide  information  sufficient  to constitute such record and such
     5  license holder shall provide the division with  such  information.  Such
     6  information  shall  be  limited  to  the  license holder's name, date of
     7  birth, gender, race, residential address,  social  security  number  and
     8  firearms  possessed  by said license holder. Nothing in this subdivision
     9  shall be construed to  change  the  expiration  date  or  term  of  such
    10  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    11  collected for purposes of inclusion in the database established by  this
    12  section  shall  be released pursuant to a court order. Records assembled
    13  or collected for purposes of inclusion in the database created  pursuant
    14  to  section  400.02  of  this  [chapter] article shall not be subject to
    15  disclosure pursuant to article six of the public officers law.
    16    [(b) Each application for a license pursuant to paragraph (a) of  this
    17  subdivision  shall  include,  on a separate written form prepared by the
    18  division of state police within thirty days of the effective date of the
    19  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    20  section,  and provided to the applicant at the same time and in the same
    21  manner as the application for a license, an opportunity for  the  appli-
    22  cant  to  request  an  exception from his or her application information
    23  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    24  Such  forms,  which  shall also be made available to individuals who had
    25  applied for or been granted a license prior to the effective date of the
    26  chapter of the laws of two thousand thirteen which amended this section,
    27  shall notify applicants that, upon discovery that an applicant knowingly
    28  provided false information, such applicant may be subject  to  penalties
    29  pursuant to section 175.30 of this chapter, and further, that his or her
    30  request  for  an exception shall be null and void, provided that written
    31  notice containing such  determination  is  provided  to  the  applicant.
    32  Further, such forms shall provide each applicant an opportunity to spec-
    33  ify  the  grounds  on  which  he  or she believes his or her application
    34  information should not be publicly disclosed. These grounds, which shall
    35  be identified on the application with a box beside each for checking, as
    36  applicable, by the applicant, shall be as follows:
    37    (i) the applicant's life or safety may  be  endangered  by  disclosure
    38  because:
    39    (A)  the applicant is an active or retired police officer, peace offi-
    40  cer, probation officer, parole officer, or corrections officer;
    41    (B) the applicant is a protected person under a currently valid  order
    42  of protection;
    43    (C) the applicant is or was a witness in a criminal proceeding involv-
    44  ing a criminal charge;
    45    (D)  the  applicant  is  participating or previously participated as a
    46  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    47  or
    48    (E) the applicant is a spouse, domestic partner or household member of
    49  a  person  identified  in this subparagraph or subparagraph (ii) of this
    50  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    51  apply.
    52    (ii) the applicant has reason to believe his or her life or safety may
    53  be endangered by disclosure due to reasons stated by the applicant.
    54    (iii)  the applicant has reason to believe he or she may be subject to
    55  unwarranted harassment upon disclosure of such information.

        S. 3394                             3

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