STATE OF NEW YORK
        ________________________________________________________________________

                                          3538

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2021
                                       ___________

        Introduced  by M. of A. HAWLEY, B. MILLER, DiPIETRO, J. M. GIGLIO, MORI-
          NELLO, DeSTEFANO, FRIEND, SMULLEN,  ASHBY,  SALKA  --  read  once  and
          referred to the Committee on Codes

        AN  ACT  to  amend  the  penal law, in relation to licenses to carry and
          possess firearms

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

     1    Section  1.  Subdivision  2  of  section  400.00  of the penal law, as
     2  amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
     3  follows:
     4    2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
     5  shall be issued to engage in such business. A license for  a  pistol  or
     6  revolver,  other  than  an  assault  weapon or a disguised gun, shall be
     7  issued to [(a) have and] possess [in his dwelling by a householder;  (b)
     8  have  and possess in his place of business by a merchant or storekeeper;
     9  (c) have] and carry concealed [while so employed by a messenger employed
    10  by a  banking  institution  or  express  company;  (d)  have  and  carry
    11  concealed by a justice of the supreme court in the first or second judi-
    12  cial  departments, or by a judge of the New York city civil court or the
    13  New York city criminal court; (e) have  and  carry  concealed  while  so
    14  employed by a regular employee of an institution of the state, or of any
    15  county,  city,  town  or  village,  under  control  of a commissioner of
    16  correction of the city or any warden, superintendent or head  keeper  of
    17  any state prison, penitentiary, workhouse, county jail or other institu-
    18  tion  for the detention of persons convicted or accused of crime or held
    19  as witnesses in criminal cases, provided that application is made there-
    20  for by such commissioner, warden, superintendent  or  head  keeper;  (f)
    21  have  and  carry  concealed,]  without  regard to employment or place of
    22  possession[, by any person when proper cause  exists  for  the  issuance
    23  thereof;  and (g) have, possess, collect and carry antique pistols which
    24  are defined as follows: (i) any single shot, muzzle loading pistol  with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02075-01-1

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     1  a  matchlock,  flintlock,  percussion  cap,  or similar type of ignition
     2  system manufactured in or before l898, which is not designed  for  using
     3  rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
     4  ca of any pistol described in clause (i) hereof if such replica--
     5    (1)  is  not  designed or redesigned for using rimfire or conventional
     6  centerfire fixed ammunition, or
     7    (2) uses rimfire or conventional centerfire fixed ammunition which  is
     8  no  longer  manufactured  in  the United States and which is not readily
     9  available in the ordinary channels of commercial trade].
    10    § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
    11  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    12  follows:
    13    (a) Applications shall be made and renewed, in the case of  a  license
    14  to carry [or] and possess a pistol or revolver, to the licensing officer
    15  in  the city or county, as the case may be, where the applicant resides,
    16  is principally employed or has his or her principal place of business as
    17  merchant or storekeeper; and, in the case of a license  as  gunsmith  or
    18  dealer  in  firearms, to the licensing officer where such place of busi-
    19  ness is located. Blank applications shall, except in  the  city  of  New
    20  York,  be  approved as to form by the superintendent of state police. An
    21  application shall state the full name, date of birth, residence, present
    22  occupation of each person or individual signing the same, whether or not
    23  he or she is a citizen of the United States, whether or not  he  or  she
    24  complies  with each requirement for eligibility specified in subdivision
    25  one of this section and such other facts as may be required to show  the
    26  good  character,  competency  and integrity of each person or individual
    27  signing the application. An application shall be signed and verified  by
    28  the  applicant.  Each individual signing an application shall submit one
    29  photograph of himself or herself and a duplicate for each required  copy
    30  of the application. Such photographs shall have been taken within thirty
    31  days  prior  to filing the application. In case of a license as gunsmith
    32  or dealer in firearms, the photographs submitted  shall  be  two  inches
    33  square,  and the application shall also state the previous occupation of
    34  each individual signing the same and the location of the place  of  such
    35  business,  or  of the bureau, agency, subagency, office or branch office
    36  for which the license is sought, specifying the name of the  city,  town
    37  or  village,  indicating the street and number and otherwise giving such
    38  apt description as to point out reasonably the location thereof. In such
    39  case, if the applicant is a firm, partnership or corporation, its  name,
    40  date  and  place  of formation, and principal place of business shall be
    41  stated. For such firm or partnership, the application  shall  be  signed
    42  and  verified  by  each individual composing or intending to compose the
    43  same, and for such corporation, by each officer thereof.
    44    § 3. Subdivision 6 of section 400.00 of the penal law, as  amended  by
    45  chapter 104 of the laws of 2019, is amended to read as follows:
    46    6.  License:  validity.  Any  license  issued pursuant to this section
    47  shall be valid notwithstanding the provisions of any local law or  ordi-
    48  nance.    No  license shall be transferable to any other person or prem-
    49  ises. A license to carry [or] and possess a  pistol  or  revolver[,  not
    50  otherwise limited as to place or time of possession,] shall be effective
    51  throughout the state, except that the same shall not be valid within the
    52  city  of New York unless a special permit granting validity is issued by
    53  the police commissioner of that city. Such license  to  carry  [or]  and
    54  possess  shall  be valid within the city of New York in the absence of a
    55  permit issued by the police commissioner of that city, provided that (a)
    56  the firearms covered by such license have been purchased from a licensed

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     1  dealer within the city of New York and are being transported out of said
     2  city forthwith and immediately from said dealer by  the  licensee  in  a
     3  locked container during a continuous and uninterrupted trip; or provided
     4  that  (b)  the firearms covered by such license are being transported by
     5  the licensee in a locked container and the trip through the city of  New
     6  York  is continuous and uninterrupted; or provided that (c) the firearms
     7  covered by such license are  carried  by  armored  car  security  guards
     8  transporting  money  or  other valuables, in, to, or from motor vehicles
     9  commonly known as armored cars, during the course of  their  employment;
    10  or  provided that (d) the licensee is a retired police officer as police
    11  officer is defined pursuant to subdivision thirty-four of  section  1.20
    12  of the criminal procedure law or a retired federal law enforcement offi-
    13  cer,  as  defined in section 2.15 of the criminal procedure law, who has
    14  been issued a license by an authorized licensing officer as  defined  in
    15  subdivision  ten  of  section 265.00 of this chapter; provided, further,
    16  however, that if such license was not issued in the city of New York  it
    17  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    18  ment Officer", as the case may be, and, in the case of a retired officer
    19  the  license  shall  be  deemed  to  permit  only  police or federal law
    20  enforcement regulations weapons; or provided that (e) the licensee is  a
    21  peace officer described in subdivision four of section 2.10 of the crim-
    22  inal  procedure law and the license, if issued by other than the city of
    23  New York, is marked "New York State Tax Department Peace Officer" and in
    24  such case the exemption shall apply only to the firearm issued  to  such
    25  licensee  by  the  department  of  taxation  and  finance.  A license as
    26  gunsmith or dealer in firearms shall not be valid outside  the  city  or
    27  county, as the case may be, where issued. Notwithstanding any inconsist-
    28  ent  provision of state or local law or rule or regulation, the premises
    29  limitation set forth in any license to have  and  possess  a  pistol  or
    30  revolver  in  the  licensee's  dwelling or place of business pursuant to
    31  paragraph (a) or (b) of  subdivision  two  of  this  section  shall  not
    32  prevent the transport of such pistol or revolver directly to or from (i)
    33  another dwelling or place of business of the licensee where the licensee
    34  is  authorized  to  have  and  possess  such pistol or revolver, (ii) an
    35  indoor or outdoor shooting range that is authorized by law to operate as
    36  such, (iii) a shooting competition at which  the  licensee  may  possess
    37  such  pistol or revolver consistent with the provisions of subdivision a
    38  of section 265.20 of this chapter or consistent with the law  applicable
    39  at  the  place of such competition, or (iv) any other location where the
    40  licensee is lawfully authorized to  have  and  possess  such  pistol  or
    41  revolver;  provided  however,  that  during  such transport to or from a
    42  location specified in clauses (i) through (iv) of  this  paragraph,  the
    43  pistol  or revolver shall be unloaded and carried in a locked container,
    44  and the  ammunition  therefor  shall  be  carried  separately;  provided
    45  further,  however, that a license to have and possess a pistol or revol-
    46  ver in the licensee's dwelling or place of business  pursuant  to  para-
    47  graph  (a) or (b) of subdivision two of this section that is issued by a
    48  licensing officer other than the police commissioner of the city of  New
    49  York shall not authorize transport of a pistol or revolver into the city
    50  of  New  York  in  the  absence of written authorization to do so by the
    51  police commissioner of that city. The term "locked container" shall  not
    52  include the glove compartment or console of a vehicle.
    53    §  4.  Subdivision  7 of section 400.00 of the penal law is amended to
    54  read as follows:
    55    7. License: form. Any license issued pursuant to this  section  shall,
    56  except  in  the  city  of New York, be approved as to form by the super-

        A. 3538                             4

     1  intendent of state police. A license to carry [or] and possess a  pistol
     2  or  revolver shall have attached the licensee's photograph, and a coupon
     3  which shall be removed and retained by any person disposing of a firearm
     4  to  the licensee. Such license shall specify the weapon covered by cali-
     5  bre, make, model, manufacturer's name and serial number, or if none,  by
     6  any other distinguishing number or identification mark[, and shall indi-
     7  cate  whether  issued to carry on the person or possess on the premises,
     8  and if on the premises shall also specify the place where  the  licensee
     9  shall  possess the same]. If such license is issued to an alien, or to a
    10  person not a citizen of and usually a resident in the state, the licens-
    11  ing officer shall state in the license the  particular  reason  for  the
    12  issuance  and  the names of the persons certifying to the good character
    13  of the applicant. Any license as gunsmith or dealer  in  firearms  shall
    14  mention  and  describe  the premises for which it is issued and shall be
    15  valid only for such premises.
    16    § 5. Subdivision 9 of section 400.00 of the penal law, as  amended  by
    17  chapter 1 of the laws of 2013, is amended to read as follows:
    18    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
    19  person licensed to carry [or] and possess a pistol or revolver may apply
    20  at any time to his or her licensing officer for amendment of his or  her
    21  license  to  include  one or more such weapons or to cancel weapons held
    22  under license. If granted, a record  of  the  amendment  describing  the
    23  weapons  involved  shall be filed by the licensing officer in the execu-
    24  tive department, division of state police, Albany. The superintendent of
    25  state police may authorize that such amendment be completed  and  trans-
    26  mitted  to  the  state  police in electronic form.   Notification of any
    27  change of residence shall be made in writing by any licensee within  ten
    28  days  after  such  change  occurs,  and a record of such change shall be
    29  inscribed by such licensee on the reverse side of his  or  her  license.
    30  Elsewhere  than  in  the city of New York, and in the counties of Nassau
    31  and Suffolk, such notification shall be made to  the  executive  depart-
    32  ment,  division  of state police, Albany, and in the city of New York to
    33  the police commissioner of that city, and in the county of Nassau to the
    34  police commissioner of that county, and in the county of Suffolk to  the
    35  licensing  officer of that county, who shall, within ten days after such
    36  notification shall be received by him or her, give notice in writing  of
    37  such  change  to  the executive department, division of state police, at
    38  Albany.
    39    § 6. Paragraph (a) of subdivision 10 of section 400.00  of  the  penal
    40  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    41  follows:
    42    (a) Any license for gunsmith or dealer in firearms and, in the city of
    43  New York, any license to carry [or] and possess a  pistol  or  revolver,
    44  issued at any time pursuant to this section or prior to the first day of
    45  July,  nineteen  hundred  sixty-three  and  not  limited to expire on an
    46  earlier date fixed in the license, shall  expire  not  more  than  three
    47  years after the date of issuance. In the counties of Nassau, Suffolk and
    48  Westchester, any license to carry [or] and possess a pistol or revolver,
    49  issued at any time pursuant to this section or prior to the first day of
    50  July,  nineteen  hundred  sixty-three  and  not  limited to expire on an
    51  earlier date fixed in the license, shall expire not more than five years
    52  after the date of issuance; however, in the county of  Westchester,  any
    53  such  license  shall  be  certified prior to the first day of April, two
    54  thousand, in accordance with a schedule to be contained  in  regulations
    55  promulgated  by  the  commissioner  of  the division of criminal justice
    56  services, and every such license shall be recertified every  five  years

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     1  thereafter.  For  purposes of this section certification shall mean that
     2  the licensee shall provide to the licensing officer the following infor-
     3  mation only:   current name, date of birth,  current  address,  and  the
     4  make,  model,  caliber  and  serial  number  of  all  firearms currently
     5  possessed. Such certification information shall be filed by the  licens-
     6  ing  officer  in  the same manner as an amendment. Elsewhere than in the
     7  city of New York and the counties of Nassau,  Suffolk  and  Westchester,
     8  any  license  to  carry [or] and possess a pistol or revolver, issued at
     9  any time pursuant to this section or prior to the  first  day  of  July,
    10  nineteen  hundred  sixty-three  and not previously revoked or cancelled,
    11  shall be in force and effect  until  revoked  as  herein  provided.  Any
    12  license  not  previously cancelled or revoked shall remain in full force
    13  and effect for thirty days beyond the stated  expiration  date  on  such
    14  license.  Any  application  to  renew  a license that has not previously
    15  expired, been revoked or cancelled shall thereby extend the term of  the
    16  license  until  disposition of the application by the licensing officer.
    17  In the case of a license for gunsmith or dealer in firearms, in counties
    18  having a population of  less  than  two  hundred  thousand  inhabitants,
    19  photographs and fingerprints shall be submitted on original applications
    20  and  upon  renewal thereafter only at six year intervals. Upon satisfac-
    21  tory proof that a currently valid original license has  been  despoiled,
    22  lost  or  otherwise removed from the possession of the licensee and upon
    23  application containing an additional photograph  of  the  licensee,  the
    24  licensing officer shall issue a duplicate license.
    25    §  7. Subdivision 12 of section 400.00 of the penal law, as amended by
    26  chapter 129 of the laws of 2019, is amended to read as follows:
    27    12. Records required of gunsmiths and dealers in firearms. Any  person
    28  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
    29  approved as to form, except in the city of New York, by the  superinten-
    30  dent of state police. In the record book shall be entered at the time of
    31  every  transaction  involving  a firearm the date, name, age, occupation
    32  and residence of any person from whom a firearm is received or to whom a
    33  firearm is delivered, and the calibre, make, model, manufacturer's  name
    34  and  serial number, or if none, any other distinguishing number or iden-
    35  tification mark on such firearm. Before  delivering  a  firearm  to  any
    36  person, the licensee shall require him to produce either a license valid
    37  under  this  section  to  carry  [or]  and possess the same, or proof of
    38  lawful authority as an exempt person pursuant to section 265.20 of  this
    39  chapter  and  either  (a) the National Instant Criminal Background Check
    40  System (NICS) or its successor has issued a "proceed"  response  to  the
    41  licensee,  or  (b)  thirty calendar days have elapsed since the date the
    42  licensee contacted NICS to initiate a national  instant  criminal  back-
    43  ground check and NICS has not notified the licensee that the transfer of
    44  the  firearm to such person should be denied. In addition, before deliv-
    45  ering a firearm to a peace  officer,  the  licensee  shall  verify  that
    46  person's  status  as  a peace officer with the division of state police.
    47  After completing the foregoing, the licensee shall remove and retain the
    48  attached coupon and enter in the record book the date of  such  license,
    49  number,  if  any,  and name of the licensing officer, in the case of the
    50  holder of a license to carry [or] and possess, or the  shield  or  other
    51  number,  if  any, assignment and department, unit or agency, in the case
    52  of an exempt person. The original transaction report shall be  forwarded
    53  to  the division of state police within ten days of delivering a firearm
    54  to any person, and a duplicate copy shall be kept by the  licensee.  The
    55  superintendent  of  state police may designate that such record shall be
    56  completed and transmitted in electronic form. A dealer may be granted  a

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     1  waiver  from  transmitting such records in electronic form if the super-
     2  intendent determines that such dealer is incapable of such  transmission
     3  due  to  technological  limitations  that  are not reasonably within the
     4  control  of  the dealer, or other exceptional circumstances demonstrated
     5  by the dealer, pursuant to a process established in regulation,  and  at
     6  the  discretion  of the superintendent.   Records assembled or collected
     7  for purposes of inclusion in the database created  pursuant  to  section
     8  400.02  of  this  article shall not be subject to disclosure pursuant to
     9  article six of the public officers law. The record book shall  be  main-
    10  tained  on the premises mentioned and described in the license and shall
    11  be open at all reasonable hours for inspection  by  any  peace  officer,
    12  acting  pursuant  to his special duties, or police officer. In the event
    13  of cancellation or revocation of the license for gunsmith or  dealer  in
    14  firearms,  or discontinuance of business by a licensee, such record book
    15  shall be immediately surrendered to the licensing officer in the city of
    16  New York, and in the counties of Nassau and Suffolk,  and  elsewhere  in
    17  the state to the executive department, division of state police.
    18    §  8. Subdivision 14 of section 400.00 of the penal law, as amended by
    19  chapter 195 of the laws of 2005, is amended to read as follows:
    20    14. Fees. In the city of New York and the county of Nassau, the annual
    21  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
    22  for dealers in firearms. In such city, the city council and in the coun-
    23  ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
    24  for a license to carry [or] and possess a pistol or revolver and provide
    25  for  the disposition of such fees. Elsewhere in the state, the licensing
    26  officer shall collect and pay into the  county  treasury  the  following
    27  fees:  for  each license to carry [or] and possess a pistol or revolver,
    28  not less than three dollars nor more than ten dollars as may  be  deter-
    29  mined by the legislative body of the county; for each amendment thereto,
    30  three  dollars,  and five dollars in the county of Suffolk; and for each
    31  license issued to a gunsmith or dealer in firearms, ten dollars. The fee
    32  for a duplicate license shall be five dollars. The fee for processing  a
    33  license  transfer  between  counties  shall be five dollars. The fee for
    34  processing a license or renewal thereof for a qualified  retired  police
    35  officer  as defined under subdivision thirty-four of section 1.20 of the
    36  criminal procedure law, or a qualified retired sheriff, undersheriff, or
    37  deputy sheriff of the city of New York as defined under subdivision  two
    38  of  section  2.10  of the criminal procedure law, or a qualified retired
    39  bridge and tunnel officer, sergeant  or  lieutenant  of  the  triborough
    40  bridge  and  tunnel  authority  as  defined  under subdivision twenty of
    41  section 2.10 of the criminal  procedure  law,  or  a  qualified  retired
    42  uniformed  court  officer  in  the  unified court system, or a qualified
    43  retired court clerk in the unified court system in the first and  second
    44  judicial  departments,  as  defined in paragraphs a and b of subdivision
    45  twenty-one of section 2.10 of the criminal procedure law  or  a  retired
    46  correction officer as defined in subdivision twenty-five of section 2.10
    47  of the criminal procedure law shall be waived in all counties throughout
    48  the state.
    49    §  9.  This  act  shall take effect immediately and shall apply to all
    50  licenses held and issued on and after such date.