STATE OF NEW YORK
________________________________________________________________________
3902
2017-2018 Regular Sessions
IN SENATE
January 30, 2017
___________
Introduced by Sen. MARCHIONE -- 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 or her place of residence such records or applications shall be
18 transferred to the appropriate officer at the licensee's new place of
19 residence. A duplicate copy of such application shall be filed by the
20 licensing officer in the executive department, division of [state
21 police] criminal justice services, Albany, within ten days after issu-
22 ance of the license. The [superintendent] commissioner of [state police]
23 criminal justice services may designate that such application shall be
24 transmitted to the division of [state police] criminal justice services
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02175-01-7
S. 3902 2
1 electronically. In the event the [superintendent] commissioner of the
2 division of [state police] criminal justice services determines that it
3 lacks any of the records required to be filed with the division, it may
4 request that such records be provided to it by the appropriate clerk,
5 department or authority and such clerk, department or authority shall
6 provide the division with such records. In the event such clerk, depart-
7 ment or authority lacks such records, the division may request the
8 license holder provide information sufficient to constitute such record
9 and such license holder shall provide the division with such informa-
10 tion. Such information shall be limited to the license holder's name,
11 date of birth, gender, race, residential address, social security number
12 and firearms possessed by said license holder. Nothing in this subdivi-
13 sion shall be construed to change the expiration date or term of such
14 licenses if otherwise provided for in law. Records assembled or
15 collected for purposes of inclusion in the database established by this
16 section shall be released pursuant to a court order. Records assembled
17 or collected for purposes of inclusion in the database created pursuant
18 to section 400.02 of this [chapter] article shall not be subject to
19 disclosure pursuant to article six of the public officers law except
20 that the total number of persons registered in any county of the state
21 may be disclosed without any other identifying information about a
22 registrant.
23 [(b) Each application for a license pursuant to paragraph (a) of this
24 subdivision shall include, on a separate written form prepared by the
25 division of state police within thirty days of the effective date of the
26 chapter of the laws of two thousand thirteen, which amended this
27 section, and provided to the applicant at the same time and in the same
28 manner as the application for a license, an opportunity for the appli-
29 cant to request an exception from his or her application information
30 becoming public record pursuant to paragraph (a) of this subdivision.
31 Such forms, which shall also be made available to individuals who had
32 applied for or been granted a license prior to the effective date of the
33 chapter of the laws of two thousand thirteen which amended this section,
34 shall notify applicants that, upon discovery that an applicant knowingly
35 provided false information, such applicant may be subject to penalties
36 pursuant to section 175.30 of this chapter, and further, that his or her
37 request for an exception shall be null and void, provided that written
38 notice containing such determination is provided to the applicant.
39 Further, such forms shall provide each applicant an opportunity to spec-
40 ify the grounds on which he or she believes his or her application
41 information should not be publicly disclosed. These grounds, which shall
42 be identified on the application with a box beside each for checking, as
43 applicable, by the applicant, shall be as follows:
44 (i) the applicant's life or safety may be endangered by disclosure
45 because:
46 (A) the applicant is an active or retired police officer, peace offi-
47 cer, probation officer, parole officer, or corrections officer;
48 (B) the applicant is a protected person under a currently valid order
49 of protection;
50 (C) the applicant is or was a witness in a criminal proceeding involv-
51 ing a criminal charge;
52 (D) the applicant is participating or previously participated as a
53 juror in a criminal proceeding, or is or was a member of a grand jury;
54 or
55 (E) the applicant is a spouse, domestic partner or household member of
56 a person identified in this subparagraph or subparagraph (ii) of this
S. 3902 3
1 paragraph, specifying which subparagraph or subparagraphs and clauses
2 apply.
3 (ii) the applicant has reason to believe his or her life or safety may
4 be endangered by disclosure due to reasons stated by the applicant.
5 (iii) the applicant has reason to believe he or she may be subject to
6 unwarranted harassment upon disclosure of such information.
7 (c) Each form provided for recertification pursuant to paragraph (b)
8 of subdivision ten of this section shall include an opportunity for the
9 applicant to request an exception from the information provided on such
10 form becoming public record pursuant to paragraph (a) of this subdivi-
11 sion. Such forms shall notify applicants that, upon discovery that an
12 applicant knowingly provided false information, such applicant may be
13 subject to penalties pursuant to section 175.30 of this chapter, and
14 further, that his or her request for an exception shall be null and
15 void, provided that written notice containing such determination is
16 provided to the applicant. Further, such forms shall provide each appli-
17 cant an opportunity to either decline to request the grant or continua-
18 tion of an exception, or specify the grounds on which he or she believes
19 his or her information should not be publicly disclosed. These grounds,
20 which shall be identified in the application with a box beside each for
21 checking, as applicable, by the applicant, shall be the same as provided
22 in paragraph (b) of this subdivision.
23 (d) Information submitted on the forms described in paragraph (b) of
24 this subdivision shall be excepted from disclosure and maintained by the
25 entity retaining such information separate and apart from all other
26 records.
27 (e) (i) Upon receiving a request for exception from disclosure, the
28 licensing officer shall grant such exception, unless the request is
29 determined to be null and void, pursuant to paragraph (b) or (c) of this
30 subdivision.
31 (ii) A request for an exception from disclosure may be submitted at
32 any time, including after a license or recertification has been granted.
33 (iii) If an exception is sought and granted pursuant to paragraph (b)
34 of this subdivision, the application information shall not be public
35 record, unless the request is determined to be null and void. If an
36 exception is sought and granted pursuant to paragraph (c) of this subdi-
37 vision, the information concerning such recertification application
38 shall not be public record, unless the request is determined to be null
39 and void.
40 (f) The information of licensees or applicants for a license shall not
41 be disclosed to the public during the first one hundred twenty days
42 following the effective date of the chapter of the laws of two thousand
43 thirteen, which amended this section. After such period, the information
44 of those who had applied for or been granted a license prior to the
45 preparation of the form for requesting an exception, pursuant to para-
46 graph (b) of this subdivision, may be released only if such individuals
47 did not file a request for such an exception during the first sixty days
48 following such preparation; provided, however, that no information
49 contained in an application for licensure or recertification shall be
50 disclosed by an entity that has not completed processing any such
51 requests received during such sixty days.
52 (g) If a request for an exception is determined to be null and void
53 pursuant to paragraph (b) or (c) of this subdivision, an applicant may
54 request review of such determination pursuant to article seventy-eight
55 of the civil practice laws and rules. Such proceeding must commence
56 within thirty days after service of the written notice containing the
S. 3902 4
1 adverse determination. Notice of the right to commence such a petition,
2 and the time period therefor, shall be included in the notice of the
3 determination. Disclosure following such a petition shall not be made
4 prior to the disposition of such review.]
5 § 2. This act shall take effect the first of November next succeeding
6 the date on which it shall have become a law.