STATE OF NEW YORK
        ________________________________________________________________________

                                          10684

                   IN ASSEMBLY

                                      June 24, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Benedetto)
          -- read once and referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to prohibiting the  provision
          of  licenses  for  firearms  to  persons on the federal no-fly list or
          terrorist screening database; to amend the criminal procedure law,  in
          relation to revoking or suspending firearms licenses of persons on the
          federal  no-fly list or terrorist screening database; and to amend the
          executive law, in relation to requiring the  superintendent  of  state
          police  to search the federal no-fly list or terrorist screening data-
          base and report findings to appropriate enforcement agencies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be  known and may be cited as the "Deny
     2  Firearms to Dangerous Terrorists Act".
     3    § 2. Subdivision 1 of section 400.00 of the penal law, as  amended  by
     4  chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
     5  the laws of 2018, is amended to read as follows:
     6    1. Eligibility. No license shall be issued or renewed pursuant to this
     7  section  except  by  the licensing officer, and then only after investi-
     8  gation and finding that all statements in a  proper  application  for  a
     9  license  are  true.  No license shall be issued or renewed except for an
    10  applicant (a) twenty-one years of age or older, provided, however,  that
    11  where  such  applicant  has  been  honorably  discharged from the United
    12  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    13  national  guard  of the state of New York, no such age restriction shall
    14  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
    15  anywhere  of  a felony or a serious offense or who is not the subject of
    16  an outstanding warrant of arrest issued upon the alleged commission of a
    17  felony or serious offense; (d) who is not a fugitive from  justice;  (e)
    18  who  is  not an unlawful user of or addicted to any controlled substance
    19  as defined in section 21 U.S.C. 802; (f) who being an alien (i)  is  not
    20  illegally or unlawfully in the United States or (ii) has not been admit-
    21  ted to the United States under a nonimmigrant visa subject to the excep-
    22  tion  in  18  U.S.C. 922(y)(2); (g) who has not been discharged from the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16710-01-0

        A. 10684                            2

     1  Armed Forces under dishonorable conditions; (h) who, having been a citi-
     2  zen of the United States, has not renounced his or her citizenship;  (i)
     3  who  has  stated whether he or she has ever suffered any mental illness;
     4  (j)  who  has  not  been involuntarily committed to a facility under the
     5  jurisdiction of an office of the department of mental  hygiene  pursuant
     6  to  article  nine  or  fifteen  of the mental hygiene law, article seven
     7  hundred thirty or section 330.20 of the criminal procedure law,  section
     8  four  hundred  two  or five hundred eight of the correction law, section
     9  322.2 or 353.4 of the family court act, or has not been civilly confined
    10  in a secure treatment facility pursuant to article  ten  of  the  mental
    11  hygiene law; (k) who has not had a license revoked or who is not under a
    12  suspension  or  ineligibility order issued pursuant to the provisions of
    13  section 530.14 of the criminal procedure law or  section  eight  hundred
    14  forty-two-a  of  the family court act; (l) in the county of Westchester,
    15  who has successfully completed a firearms  safety  course  and  test  as
    16  evidenced  by  a certificate of completion issued in his or her name and
    17  endorsed and affirmed under the penalties of perjury by a  duly  author-
    18  ized  instructor,  except that: (i) persons who are honorably discharged
    19  from the United States army, navy, marine corps or coast  guard,  or  of
    20  the  national  guard  of  the state of New York, and produce evidence of
    21  official qualification in firearms during the term of  service  are  not
    22  required  to  have  completed  those  hours  of a firearms safety course
    23  pertaining to the safe use, carrying, possession, maintenance and  stor-
    24  age of a firearm; and (ii) persons who were licensed to possess a pistol
    25  or  revolver  prior  to  the  effective  date  of this paragraph are not
    26  required to have completed a firearms safety course and  test;  (m)  who
    27  has  not  had  a  guardian  appointed  for  him  or  her pursuant to any
    28  provision of state law, based on a determination that  as  a  result  of
    29  marked  subnormal intelligence, mental illness, incapacity, condition or
    30  disease, he or she lacks the mental capacity to contract or  manage  his
    31  or  her  own affairs; [and] (n) concerning whom no good cause exists for
    32  the denial of the license; and (o) who has not been listed on the feder-
    33  al no-fly list or terrorist screening database operated by  the  federal
    34  bureau  of  investigation.    No  person shall engage in the business of
    35  gunsmith or dealer in firearms unless licensed pursuant to this section.
    36  An applicant to engage in such business shall also be a citizen  of  the
    37  United States, more than twenty-one years of age and maintain a place of
    38  business  in  the  city  or county where the license is issued. For such
    39  business, if the applicant is a firm or partnership, each member thereof
    40  shall comply with all of the requirements set forth in this  subdivision
    41  and  if  the  applicant  is a corporation, each officer thereof shall so
    42  comply.
    43    § 3. Section 530.14 of the criminal procedure law is amended by adding
    44  a new subdivision 3-a to read as follows:
    45    3-a. Revocation or suspension of license upon a finding that the hold-
    46  er of the firearm license is a suspected terrorist. Where  the  division
    47  of  state  police  finds that a holder of a firearm license is listed on
    48  the federal no-fly list or terrorist screening database operated by  the
    49  federal  bureau  of  investigation,  the  division of state police shall
    50  immediately revoke the holder's license.  The individual shall be  noti-
    51  fied in writing within thirty days of the revocation.
    52    §  4.  Section  223  of  the  executive law is amended by adding a new
    53  subdivision 3 to read as follows:
    54    3. The superintendent shall search the federal no-fly list or  terror-
    55  ist screening database at least once each year and upon a finding that a
    56  firearm license holder is on such a list, the superintendent shall imme-

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     1  diately notify all appropriate law enforcement agencies and shall direct
     2  the  state  police  to  remove any and all such firearms until such time
     3  that the individual is no longer on the federal no-fly list or terrorist
     4  screening database.
     5    §  5.  Section  223 of the executive law, as amended by section 3-b of
     6  part MM of chapter 54 of the  laws  of  2016,  is  amended  to  read  as
     7  follows:
     8    §  223. Duties and powers of the superintendent of state police and of
     9  members of the state police. 1. It shall be the duty of the  superinten-
    10  dent  of  the state police and of members of the state police to prevent
    11  and detect crime and apprehend criminals. They shall also be subject  to
    12  the  call of the governor and are empowered to co-operate with any other
    13  department of the state or  with  local  authorities.  They  shall  also
    14  collect  and analyze information relating to prevention and detection of
    15  terrorist threats and terrorist  activities  throughout  the  state  and
    16  share  all  such information subject to paragraph (g) of subdivision two
    17  of section seven hundred nine of this  chapter  among  the  division  of
    18  homeland  security  and emergency services and local, state, and federal
    19  law enforcement agencies  to  ensure  the  coordination  of  appropriate
    20  intelligence  to  assist  in the early identification of and response to
    21  potential terrorist threats and terrorist activities.  They  shall  have
    22  power  to arrest, without a warrant, any person committing or attempting
    23  to commit within their presence or view a breach of the peace  or  other
    24  violation  of  law,  to  serve  and execute warrants of arrest or search
    25  issued by proper authority and to exercise all other  powers  of  police
    26  officers  of  the  state  of  New  York. Any such warrants issued by any
    27  magistrate of the state may be executed by them in any part of the state
    28  according to the tenor thereof without  [indorsement]  endorsement.  But
    29  they  shall  not  exercise their powers within the limits of any city to
    30  suppress rioting and disorder except by direction  of  the  governor  or
    31  upon  the  request  of  the  mayor  of the city with the approval of the
    32  governor. Any member of the rank of sergeant or above may take  pre-arr-
    33  aignment  bail  from  any defendant in the amounts and under the circum-
    34  stances and conditions that police may take bail.
    35    2. The superintendent shall search the federal no-fly list or  terror-
    36  ist screening database at least once each year and upon a finding that a
    37  firearm license holder is on such a list, the superintendent shall imme-
    38  diately notify all appropriate law enforcement agencies and shall direct
    39  the  state  police  to  remove any and all such firearms until such time
    40  that the individual is no longer on the federal no-fly list or terrorist
    41  screening database.
    42    § 6. The superintendent of state police and the commissioner of crimi-
    43  nal justice services shall promulgate any regulations necessary for  the
    44  provisions of this act to take effect.
    45    §  7.  This  act  shall take effect immediately; provided however, the
    46  provisions of this act shall not take effect until the superintendent of
    47  state police receives approval to access the information on the  federal
    48  no-fly  list  or  terrorist screening database from the relevant federal
    49  agencies; provided further that the amendments to  section  223  of  the
    50  executive  law  made by section four of this act shall be subject to the
    51  expiration and reversion of such section pursuant to section 3 of  chap-
    52  ter  428  of  the  laws  of  1999,  as  amended, when upon such date the
    53  provisions of section five of this act shall take effect; provided  that
    54  the  superintendent  of  state  police shall notify the legislative bill
    55  drafting commission upon the occurrence of the enactment of  the  legis-
    56  lation  provided  for in this act in order that the commission may main-

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     1  tain an accurate and timely effective database of the official  text  of
     2  the  laws  of  the  state of New York in furtherance of effectuating the
     3  provisions of section 44 of the legislative law and section 70-b of  the
     4  public officers law.