STATE OF NEW YORK
        ________________________________________________________________________
                                          7583
                    IN SENATE
                                    January 26, 2018
                                       ___________
        Introduced  by Sen. GALLIVAN -- 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 extending the deadline for
          recertification of licenses to carry or possess a pistol or revolver
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  10  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    10. License: expiration, certification and renewal.  (a)  Any  license
     4  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
     5  license to carry or possess a pistol or revolver,  issued  at  any  time
     6  pursuant  to  this  section  or prior to the first day of July, nineteen
     7  hundred sixty-three and not limited to expire on an earlier  date  fixed
     8  in the license, shall expire not more than three years after the date of
     9  issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, 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 five years after the date of
    14  issuance; however, in the county of Westchester, any such license  shall
    15  be  certified  prior to the first day of April, two thousand, in accord-
    16  ance with a schedule to be contained in regulations promulgated  by  the
    17  commissioner  of  the  division  of criminal justice services, and every
    18  such license shall be  recertified  every  five  years  thereafter.  For
    19  purposes  of  this  section  certification  shall mean that the licensee
    20  shall provide to the licensing officer the following  information  only:
    21  current name, date of birth, current address, and the make, model, cali-
    22  ber  and serial number of all firearms currently possessed. Such certif-
    23  ication information shall be filed by the licensing officer in the  same
    24  manner  as  an amendment. Elsewhere than in the city of New York and the
    25  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
    26  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
    27  section or prior to the first day of July, nineteen hundred  sixty-three
    28  and  not  previously  revoked or cancelled, shall be in force and effect
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14236-01-8

        S. 7583                             2
     1  until revoked as herein provided. Any license not  previously  cancelled
     2  or  revoked shall remain in full force and effect for thirty days beyond
     3  the stated expiration date on such license. Any application to  renew  a
     4  license that has not previously expired, been revoked or cancelled shall
     5  thereby extend the term of the license until disposition of the applica-
     6  tion  by the licensing officer. In the case of a license for gunsmith or
     7  dealer in firearms, in counties having a population  of  less  than  two
     8  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
     9  submitted on original applications and upon renewal thereafter  only  at
    10  six  year  intervals.  Upon  satisfactory  proof  that a currently valid
    11  original license has been despoiled, lost or otherwise removed from  the
    12  possession of the licensee and upon application containing an additional
    13  photograph  of  the licensee, the licensing officer shall issue a dupli-
    14  cate license.
    15    (b) All licensees shall be recertified to the division of state police
    16  every five years thereafter. Any license  issued  before  the  effective
    17  date  of  the  chapter  of the laws of two thousand thirteen which added
    18  this paragraph shall be recertified by the licensee on or before  [Janu-
    19  ary thirty-first, two thousand eighteen] July thirty-first, two thousand
    20  nineteen,  and  not  less  than  one  year prior to such date, the state
    21  police shall send a notice to all license holders who have not  recerti-
    22  fied  by  such time. Such recertification shall be in a form as approved
    23  by the superintendent of state police, which shall request  the  license
    24  holder's  name, date of birth, gender, race, residential address, social
    25  security number,  firearms  possessed  by  such  license  holder,  email
    26  address at the option of the license holder and an affirmation that such
    27  license  holder is not prohibited from possessing firearms. The form may
    28  be in an electronic form if so designated by the superintendent of state
    29  police. Failure to recertify shall act as a revocation of such  license.
    30  If the New York state police discover as a result of the recertification
    31  process  that  a licensee failed to provide a change of address, the New
    32  York state police shall not require the licensing officer to revoke such
    33  license.
    34    § 2. This act shall take effect immediately and  shall  be  deemed  to
    35  have been in full force and effect on and after January 31, 2018.