STATE OF NEW YORK
        ________________________________________________________________________

                                          5145

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2021
                                       ___________

        Introduced by M. of A. BENEDETTO, AUBRY, JACKSON, STERN, GRIFFIN -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08466-01-1

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     1  illegally or unlawfully in the United States or (ii) has not been admit-
     2  ted to the United States under a nonimmigrant visa subject to the excep-
     3  tion in 18 U.S.C. 922(y)(2); (g) who has not been  discharged  from  the
     4  Armed Forces under dishonorable conditions; (h) who, having been a citi-
     5  zen  of the United States, has not renounced his or her citizenship; (i)
     6  who has stated whether he or she has ever suffered any  mental  illness;
     7  (j)  who  has  not  been involuntarily committed to a facility under the
     8  jurisdiction of an office of the department of mental  hygiene  pursuant
     9  to  article  nine  or  fifteen  of the mental hygiene law, article seven
    10  hundred thirty or section 330.20 of the criminal procedure law,  section
    11  four  hundred  two  or five hundred eight of the correction law, section
    12  322.2 or 353.4 of the family court act, or has not been civilly confined
    13  in a secure treatment facility pursuant to article  ten  of  the  mental
    14  hygiene law; (k) who has not had a license revoked or who is not under a
    15  suspension  or  ineligibility order issued pursuant to the provisions of
    16  section 530.14 of the criminal procedure law or  section  eight  hundred
    17  forty-two-a  of  the family court act; (l) in the county of Westchester,
    18  who has successfully completed a firearms  safety  course  and  test  as
    19  evidenced  by  a certificate of completion issued in his or her name and
    20  endorsed and affirmed under the penalties of perjury by a  duly  author-
    21  ized  instructor,  except that: (i) persons who are honorably discharged
    22  from the United States army, navy, marine corps or coast  guard,  or  of
    23  the  national  guard  of  the state of New York, and produce evidence of
    24  official qualification in firearms during the term of  service  are  not
    25  required  to  have  completed  those  hours  of a firearms safety course
    26  pertaining to the safe use, carrying, possession, maintenance and  stor-
    27  age of a firearm; and (ii) persons who were licensed to possess a pistol
    28  or  revolver  prior  to  the  effective  date  of this paragraph are not
    29  required to have completed a firearms safety course and  test;  (m)  who
    30  has  not  had  a  guardian  appointed  for  him  or  her pursuant to any
    31  provision of state law, based on a determination that  as  a  result  of
    32  marked  subnormal intelligence, mental illness, incapacity, condition or
    33  disease, he or she lacks the mental capacity to contract or  manage  his
    34  or  her  own affairs; [and] (n) concerning whom no good cause exists for
    35  the denial of the license; and (o) who has not been listed on the feder-
    36  al no-fly list or terrorist screening database operated by  the  federal
    37  bureau  of  investigation.    No  person shall engage in the business of
    38  gunsmith or dealer in firearms unless licensed pursuant to this section.
    39  An applicant to engage in such business shall also be a citizen  of  the
    40  United States, more than twenty-one years of age and maintain a place of
    41  business  in  the  city  or county where the license is issued. For such
    42  business, if the applicant is a firm or partnership, each member thereof
    43  shall comply with all of the requirements set forth in this  subdivision
    44  and  if  the  applicant  is a corporation, each officer thereof shall so
    45  comply.
    46    § 3. Section 530.14 of the criminal procedure law is amended by adding
    47  a new subdivision 3-a to read as follows:
    48    3-a. Revocation or suspension of license upon a finding that the hold-
    49  er of the firearm license is a suspected terrorist. Where  the  division
    50  of  state  police  finds that a holder of a firearm license is listed on
    51  the federal no-fly list or terrorist screening database operated by  the
    52  federal  bureau  of  investigation,  the  division of state police shall
    53  immediately revoke the holder's license.  The individual shall be  noti-
    54  fied in writing within thirty days of the revocation.
    55    §  4.  Section  223  of  the  executive law is amended by adding a new
    56  subdivision 3 to read as follows:

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

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     1  the superintendent of state police shall  notify  the  legislative  bill
     2  drafting  commission  upon the occurrence of the enactment of the legis-
     3  lation provided for in this act in order that the commission  may  main-
     4  tain  an  accurate and timely effective database of the official text of
     5  the laws of the state of New York in  furtherance  of  effectuating  the
     6  provisions  of section 44 of the legislative law and section 70-b of the
     7  public officers law.