STATE OF NEW YORK
        ________________________________________________________________________

                                          10632

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

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

        AN ACT to amend the penal  law,  in  relation  to  requiring  background
          checks  prior to the renewal of a license 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. Paragraphs (a), (c), (d), (e), (f) and (g) of subdivision 5
     2  of  section  400.00 of the penal law, paragraph (a) as amended and para-
     3  graphs (c), (d), (e), (f) and (g) as added by chapter 1 of the  laws  of
     4  2013,  and subparagraph (iii) of paragraph (e) as amended by chapter 244
     5  of the laws of 2019, are amended to read as follows:
     6    (a) The application for any license, if granted, shall be filed by the
     7  licensing officer with the clerk of the county of issuance, except  that
     8  in  the city of New York and, in the counties of Nassau and Suffolk, the
     9  licensing officer shall designate the place of filing in the appropriate
    10  division, bureau or unit of the police department thereof,  and  in  the
    11  county  of Suffolk the county clerk is hereby authorized to transfer all
    12  records or applications relating to firearms to the licensing  authority
    13  of  that  county. Except as provided in paragraphs (b) through [(e)] (f)
    14  of this subdivision, the name and address  of  any  person  to  whom  an
    15  application  for  any license has been granted shall be a public record.
    16  Upon application by a licensee who has changed his  place  of  residence
    17  such  records  or  applications  shall be transferred to the appropriate
    18  officer at the licensee's new place of residence. A  duplicate  copy  of
    19  such  application  shall be filed by the licensing officer in the execu-
    20  tive department, division of state police, Albany, within ten days after
    21  issuance of the license. The superintendent of state police  may  desig-
    22  nate that such application shall be transmitted to the division of state
    23  police  electronically.  In the event the superintendent of the division
    24  of state police determines that it lacks any of the records required  to
    25  be filed with the division, it may request that such records be provided
    26  to  it by the appropriate clerk, department or authority and such clerk,
    27  department or authority shall provide the division with such records. In

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16040-03-2

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     1  the event such clerk, department or authority lacks  such  records,  the
     2  division  may  request the license holder provide information sufficient
     3  to constitute such record and such  license  holder  shall  provide  the
     4  division with such information. Such information shall be limited to the
     5  license holder's name, date of birth, gender, race, residential address,
     6  social  security  number  and firearms possessed by said license holder.
     7  Nothing in this subdivision shall be construed to change the  expiration
     8  date  or term of such licenses if otherwise provided for in law. Records
     9  assembled or collected for purposes of inclusion in the database  estab-
    10  lished  by  this  section  shall  be released pursuant to a court order.
    11  Records assembled or collected for purposes of inclusion in the database
    12  created pursuant to section 400.02 of this chapter shall not be  subject
    13  to disclosure pursuant to article six of the public officers law.
    14    (c)  [Each form provided for recertification pursuant to paragraph (b)
    15  of subdivision ten of this section shall include an opportunity for  the
    16  applicant  to request an exception from the information provided on such
    17  form becoming public record pursuant to paragraph (a) of  this  subdivi-
    18  sion.  Such  forms  shall notify applicants that, upon discovery that an
    19  applicant knowingly provided false information, such  applicant  may  be
    20  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    21  further, that his or her request for an  exception  shall  be  null  and
    22  void,  provided  that  written  notice  containing such determination is
    23  provided to the applicant. Further, such forms shall provide each appli-
    24  cant an opportunity to either decline to request the grant or  continua-
    25  tion of an exception, or specify the grounds on which he or she believes
    26  his  or her information should not be publicly disclosed. These grounds,
    27  which shall be identified in the application with a box beside each  for
    28  checking, as applicable, by the applicant, shall be the same as provided
    29  in paragraph (b) of this subdivision.
    30    (d)]  Information submitted on the forms described in paragraph (b) of
    31  this subdivision shall be excepted from disclosure and maintained by the
    32  entity retaining such information separate  and  apart  from  all  other
    33  records.
    34    [(e)]  (d) (i) Upon receiving a request for exception from disclosure,
    35  the licensing officer shall grant such exception, unless the request  is
    36  determined  to  be  null and void, pursuant to paragraph (b) [or (c)] of
    37  this subdivision.
    38    (ii) A request for an exception from disclosure may  be  submitted  at
    39  any time, including after a license [or recertification] has been grant-
    40  ed.
    41    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    42  of this subdivision, the application information  shall  not  be  public
    43  record,  unless  the  request  is determined to be null and void. [If an
    44  exception is sought and granted pursuant to paragraph (c) of this subdi-
    45  vision, the  information  concerning  such  recertification  application
    46  shall  not be public record, unless the request is determined to be null
    47  and void.] Notwithstanding the foregoing  provisions  of  this  subpara-
    48  graph,  local  and state law enforcement shall, upon request, be granted
    49  access to and copies of such application information provided that  such
    50  information  obtained  by  law enforcement pursuant to this subparagraph
    51  shall not be considered a public record of such law enforcement agency.
    52    [(f)] (e) The information of licensees or  applicants  for  a  license
    53  shall not be disclosed to the public during the first one hundred twenty
    54  days  following  the  effective  date  of the chapter of the laws of two
    55  thousand thirteen, which amended this section. After  such  period,  the
    56  information of those who had applied for or been granted a license prior

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     1  to  the preparation of the form for requesting an exception, pursuant to
     2  paragraph (b) of this subdivision, may be released only if such individ-
     3  uals did not file a request for such an exception during the first sixty
     4  days  following such preparation; provided, however, that no information
     5  contained in an application for licensure [or recertification] shall  be
     6  disclosed  by  an  entity  that  has  not  completed processing any such
     7  requests received during such sixty days.
     8    [(g)] (f) If a request for an exception is determined to be  null  and
     9  void  pursuant  to paragraph (b) [or (c)] of this subdivision, an appli-
    10  cant may request review of such determination pursuant to article seven-
    11  ty-eight of the civil practice [laws] law  and  rules.  Such  proceeding
    12  must  commence  within  thirty  days after service of the written notice
    13  containing the adverse determination. Notice of the  right  to  commence
    14  such  a petition, and the time period therefor, shall be included in the
    15  notice of the determination. Disclosure following such a petition  shall
    16  not be made prior to the disposition of such review.
    17    §  2.  Paragraphs (a), (b) and (c) of subdivision 10 of section 400.00
    18  of the penal law, paragraph (a) as amended and paragraph (b) as added by
    19  chapter 1 of the laws of 2013, and paragraph (c) as added by chapter 212
    20  of the laws of 2022, are amended by to read as follows:
    21    (a) Any license for gunsmith or dealer in firearms and, in the city of
    22  New York, any license to carry or possess a pistol or  revolver,  issued
    23  at  any time pursuant to this section or prior to the first day of July,
    24  nineteen hundred sixty-three and not limited to  expire  on  an  earlier
    25  date  fixed in the license, shall expire not more than three years after
    26  the date of issuance. [In the counties of Nassau, Suffolk and  Westches-
    27  ter]  Elsewhere  than  the  city  of  New  York, any license to carry or
    28  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    29  section  or prior to the first day of July, nineteen hundred sixty-three
    30  and not limited to expire on an earlier date fixed in the license, shall
    31  expire not more than five years after the date of issuance[; however, in
    32  the county of Westchester, any such license shall be certified prior  to
    33  the  first  day of April, two thousand, in accordance with a schedule to
    34  be contained in regulations promulgated by the commissioner of the divi-
    35  sion of criminal justice services,  and  every  such  license  shall  be
    36  recertified  every  five  years thereafter. For purposes of this section
    37  certification shall mean that the licensee shall provide to the  licens-
    38  ing  officer  the  following  information  only:   current name, date of
    39  birth, current address, and the make, model, caliber and  serial  number
    40  of  all  firearms  currently possessed]. [Such certification information
    41  shall be filed by the licensing officer in the same manner as an  amend-
    42  ment. Elsewhere than in the city of New York and the counties of Nassau,
    43  Suffolk  and  Westchester, any] Any license to carry or possess a pistol
    44  or revolver, issued at any time pursuant to this section or prior to the
    45  first day of July,  nineteen  hundred  sixty-three  and  not  previously
    46  revoked  or  cancelled,  shall  be  in force and effect until revoked as
    47  herein provided. Any license not previously cancelled or  revoked  shall
    48  remain  in full force and effect for thirty days beyond the stated expi-
    49  ration date on such license. Any application to renew a license that has
    50  not previously expired, been revoked or cancelled shall  thereby  extend
    51  the  term  of  the  license  until disposition of the application by the
    52  licensing officer. In the case of a license for gunsmith  or  dealer  in
    53  firearms, in counties having a population of less than two hundred thou-
    54  sand  inhabitants,  photographs  and  fingerprints shall be submitted on
    55  original applications and upon  renewal  thereafter  only  at  six  year
    56  intervals.  Upon  satisfactory  proof  that  a  currently valid original

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     1  license  has  been  despoiled,  lost  or  otherwise  removed  from   the
     2  possession of the licensee and upon application containing an additional
     3  photograph  of  the licensee, the licensing officer shall issue a dupli-
     4  cate license.
     5    (b)  [All  licensees  shall  be  recertified  to the division of state
     6  police every five years thereafter. Any license issued before the effec-
     7  tive date of the chapter of the laws  of  two  thousand  thirteen  which
     8  added  this  paragraph shall be recertified by the licensee on or before
     9  January thirty-first, two thousand eighteen, and not less than one  year
    10  prior  to such date, the state police shall send a notice to all license
    11  holders who have not recertified  by  such  time.  Such  recertification
    12  shall  be  in  a form as approved by the superintendent of state police,
    13  which shall request the license holder's name, date  of  birth,  gender,
    14  race, residential address, social security number, firearms possessed by
    15  such  license  holder, email address at the option of the license holder
    16  and an affirmation that such  license  holder  is  not  prohibited  from
    17  possessing  firearms. The form may be in an electronic form if so desig-
    18  nated by the superintendent of state police] Elsewhere than in the  city
    19  of New York, a license to carry or possess a pistol or revolver shall be
    20  renewed  to  the division of state police every five years following the
    21  issuance of such license. Failure to [recertify] renew shall  act  as  a
    22  revocation  of such license[. If the New York state police discover as a
    23  result of the recertification process that a licensee failed to  provide
    24  a  change  of  address,  the New York state police shall not require the
    25  licensing officer to revoke such license].
    26    (c) A license to purchase or take possession of a semiautomatic  rifle
    27  as  defined  in  subdivision  two of this section shall be [recertified]
    28  renewed to the applicable licensing officer every five  years  following
    29  the issuance of such license. Failure to renew such a license shall be a
    30  violation  punishable by a fine not to exceed two hundred fifty dollars,
    31  and such failure to renew shall be considered by the  licensing  officer
    32  when  reviewing future license applications by the license holder pursu-
    33  ant to this chapter.
    34    § 3. This act shall take effect ninety days after it shall have become
    35  a law and shall apply to renewal forms submitted on and after such date;
    36  provided, however, that the amendments to paragraph (c)  of  subdivision
    37  10  of  section  400.00 of the penal law made by section two of this act
    38  shall take effect on the same date and in the same manner as chapter 212
    39  of the laws of 2022, takes effect.