STATE OF NEW YORK
        ________________________________________________________________________

                                          1689

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        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 authorizing  the  transfer
          of  certain  weapons  from  an  estate  to  an immediate member of the
          decedent's family; to amend the general business law, in  relation  to
          expanding  the  definition  of  immediate  family to include siblings,
          grandparents and grandchildren as such term  relates  to  the  private
          sale  or  disposal  of  certain  firearms;  to amend the penal law, in
          relation to the filing of approved applications for licenses to carry,
          possess, repair and dispose of firearms; to amend the  penal  law,  in
          relation  to  certain  large  capacity  ammunition feeding devices; to
          repeal  section  265.37  of  the  penal  law,  relating  to   unlawful
          possession  of  certain  ammunition  feeding  devices;  and  to repeal
          section 400.03 of the penal law relating to sellers of ammunition

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

     1    Section  1.  Paragraph  (g) of subdivision 22 of section 265.00 of the
     2  penal law is amended by adding a  new  subparagraph  (vii)  to  read  as
     3  follows:
     4    (vii)  any weapon legally possessed and validly registered pursuant to
     5  subdivision sixteen-a of section 400.00 of this chapter  prior  to  such
     6  person's  death and bequeathed or passed through intestacy to an immedi-
     7  ate family member of the deceased. Such weapons shall be subject to  the
     8  provisions  of  paragraph  (h) of this subdivision. For purposes of this
     9  subparagraph, the meaning of immediate family member is  as  defined  by
    10  subdivision  one  of  section  eight hundred ninety-eight of the general
    11  business law;
    12    § 2. Paragraph (h) of subdivision 22 of section 265.00  of  the  penal
    13  law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
    14  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01380-01-1

        S. 1689                             2

     1    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
     2  and any large  capacity  ammunition  feeding  device  that  was  legally
     3  possessed by an individual prior to [the enactment of the chapter of the
     4  laws  of  two  thousand  thirteen  which  added  this paragraph] January
     5  fifteenth, two thousand thirteen, may only be sold to, exchanged with or
     6  disposed  of  to a purchaser authorized to possess such weapons or to an
     7  individual or entity outside of the state provided that any such  trans-
     8  fer  to an individual or entity outside of the state must be reported to
     9  the entity wherein the weapon is registered within seventy-two hours  of
    10  such  transfer.  An  individual  who  transfers any such weapon or large
    11  capacity ammunition device to an individual inside  New  York  state  or
    12  without  complying with the provisions of this paragraph shall be guilty
    13  of a class A misdemeanor unless such large capacity  ammunition  feeding
    14  device,  the possession of which is made illegal by [the] chapter one of
    15  the laws of two thousand  thirteen  [which  added  this  paragraph],  is
    16  transferred within one year [of the effective date of the chapter of the
    17  laws  of  two  thousand  thirteen which added this paragraph] of January
    18  fifteenth, two thousand fourteen.
    19    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
    20  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
    21  that was legally possessed and validly registered by an individual prior
    22  to his or her death may be transferred by the estate of such  individual
    23  to  one  of  his  or  her immediate family members. For purposes of this
    24  subparagraph, the meaning of immediate family member is  as  defined  by
    25  subdivision  one  of  section  eight hundred ninety-eight of the general
    26  business law.
    27    § 3. Subdivision 1 of section 898 of  the  general  business  law,  as
    28  amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
    29  follows:
    30    1. In addition to any other requirements pursuant to state and federal
    31  law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
    32  shall  be  conducted  in  accordance with this section unless such sale,
    33  exchange or disposal is  conducted  by  a  licensed  importer,  licensed
    34  manufacturer  or licensed dealer, as those terms are defined in 18 USC §
    35  [922] 921, when such sale, exchange or disposal is conducted pursuant to
    36  that person's  federal  firearms  license  or  such  sale,  exchange  or
    37  disposal  is  between  members  of  an  immediate  family.  When a sale,
    38  exchange or  disposal  is  conducted  pursuant  to  a  person's  federal
    39  firearms  license,  before delivering a firearm, rifle or shotgun to any
    40  person, either (a) the National Instant Criminal Background Check System
    41  (NICS) or its successor has issued a "proceed" response to  the  federal
    42  firearms  licensee, or (b) thirty calendar days shall have elapsed since
    43  the date the federal firearms licensee  contacted  NICS  to  initiate  a
    44  national instant criminal background check and NICS has not notified the
    45  federal  firearms  licensee  that  the transfer of the firearm, rifle or
    46  shotgun to such person should be denied. For purposes of  this  section,
    47  "immediate  family"  shall  mean  spouses,  domestic  partners, children
    48  [and], step-children, siblings, grandparents and grandchildren.
    49    § 4. Subdivision 5 of section 400.00 of the penal law, as  amended  by
    50  chapter  1  of  the laws of 2013, subparagraph (iii) of paragraph (e) as
    51  amended by chapter 244 of the laws  of  2019,  is  amended  to  read  as
    52  follows:
    53    5.  Filing  of  approved  applications.  [(a)] The application for any
    54  license, if granted, shall be filed by the licensing  officer  with  the
    55  clerk  of  the  county  of issuance, except that in the city of New York
    56  and, in the counties of Nassau and Suffolk, the licensing officer  shall

        S. 1689                             3

     1  designate  the  place  of  filing in the appropriate division, bureau or
     2  unit of the police department thereof, and in the county of Suffolk  the
     3  county  clerk  is  hereby authorized to transfer all records or applica-
     4  tions  relating  to  firearms to the licensing authority of that county.
     5  [Except as provided in paragraphs (b) through (f) of  this  subdivision,
     6  the  name  and  address]  The  application  and  any supporting records,
     7  including any information contained therein, of any person  to  whom  an
     8  application  for  any  license  has  been  granted shall not be a public
     9  record and shall not be subject to disclosure pursuant to article six of
    10  the public officers law.  Upon application by a licensee who has changed
    11  his or her place of residence such  records  or  applications  shall  be
    12  transferred  to  the  appropriate officer at the licensee's new place of
    13  residence. A duplicate copy of such application shall be  filed  by  the
    14  licensing officer in the executive department, division of state police,
    15  Albany,  within  ten days after issuance of the license. The superinten-
    16  dent of state police may designate that such application shall be trans-
    17  mitted to the division of state police electronically. In the event  the
    18  superintendent  of the division of state police determines that it lacks
    19  any of the records required to  be  filed  with  the  division,  it  may
    20  request  that  such  records be provided to it by the appropriate clerk,
    21  department or authority and such clerk, department  or  authority  shall
    22  provide the division with such records. In the event such clerk, depart-
    23  ment  or  authority  lacks  such  records,  the division may request the
    24  license holder provide information sufficient to constitute such  record
    25  and  such  license  holder shall provide the division with such informa-
    26  tion. Such information shall be limited to the  license  holder's  name,
    27  date of birth, gender, race, residential address, social security number
    28  and  firearms possessed by said license holder. Nothing in this subdivi-
    29  sion shall be construed to change the expiration date or  term  of  such
    30  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    31  collected for purposes of inclusion in the database established by  this
    32  section  shall  be released pursuant to a court order. Records assembled
    33  or collected for purposes of inclusion in the database created  pursuant
    34  to  section  400.02  of  this  [chapter] article shall not be subject to
    35  disclosure pursuant to article six of the public officers law.
    36    [(b) Each application for a license pursuant to paragraph (a) of  this
    37  subdivision  shall  include,  on a separate written form prepared by the
    38  division of state police within thirty days of the effective date of the
    39  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    40  section,  and provided to the applicant at the same time and in the same
    41  manner as the application for a license, an opportunity for  the  appli-
    42  cant  to  request  an  exception from his or her application information
    43  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    44  Such  forms,  which  shall also be made available to individuals who had
    45  applied for or been granted a license prior to the effective date of the
    46  chapter of the laws of two thousand thirteen which amended this section,
    47  shall notify applicants that, upon discovery that an applicant knowingly
    48  provided false information, such applicant may be subject  to  penalties
    49  pursuant to section 175.30 of this chapter, and further, that his or her
    50  request  for  an exception shall be null and void, provided that written
    51  notice containing such  determination  is  provided  to  the  applicant.
    52  Further, such forms shall provide each applicant an opportunity to spec-
    53  ify  the  grounds  on  which  he  or she believes his or her application
    54  information should not be publicly disclosed. These grounds, which shall
    55  be identified on the application with a box beside each for checking, as
    56  applicable, by the applicant, shall be as follows:

        S. 1689                             4

     1    (i) the applicant's life or safety may  be  endangered  by  disclosure
     2  because:
     3    (A)  the applicant is an active or retired police officer, peace offi-
     4  cer, probation officer, parole officer, or corrections officer;
     5    (B) the applicant is a protected person under a currently valid  order
     6  of protection;
     7    (C) the applicant is or was a witness in a criminal proceeding involv-
     8  ing a criminal charge;
     9    (D)  the  applicant  is  participating or previously participated as a
    10  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    11  or
    12    (E) the applicant is a spouse, domestic partner or household member of
    13  a  person  identified  in this subparagraph or subparagraph (ii) of this
    14  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    15  apply.
    16    (ii) the applicant has reason to believe his or her life or safety may
    17  be endangered by disclosure due to reasons stated by the applicant.
    18    (iii)  the applicant has reason to believe he or she may be subject to
    19  unwarranted harassment upon disclosure of such information.
    20    (c) Each form provided for recertification pursuant to  paragraph  (b)
    21  of  subdivision ten of this section shall include an opportunity for the
    22  applicant to request an exception from the information provided on  such
    23  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    24  sion. Such forms shall notify applicants that, upon  discovery  that  an
    25  applicant  knowingly  provided  false information, such applicant may be
    26  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    27  further,  that  his  or  her  request for an exception shall be null and
    28  void, provided that written  notice  containing  such  determination  is
    29  provided to the applicant. Further, such forms shall provide each appli-
    30  cant  an opportunity to either decline to request the grant or continua-
    31  tion of an exception, or specify the grounds on which he or she believes
    32  his or her information should not be publicly disclosed. These  grounds,
    33  which  shall be identified in the application with a box beside each for
    34  checking, as applicable, by the applicant, shall be the same as provided
    35  in paragraph (b) of this subdivision.
    36    (d) Information submitted on the forms described in paragraph  (b)  of
    37  this subdivision shall be excepted from disclosure and maintained by the
    38  entity  retaining  such  information  separate  and apart from all other
    39  records.
    40    (e) (i) Upon receiving a request for exception  from  disclosure,  the
    41  licensing  officer  shall  grant  such  exception, unless the request is
    42  determined to be null and void, pursuant to paragraph (b) or (c) of this
    43  subdivision.
    44    (ii) A request for an exception from disclosure may  be  submitted  at
    45  any time, including after a license or recertification has been granted.
    46    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    47  of this subdivision, the application information  shall  not  be  public
    48  record,  unless  the  request  is  determined to be null and void. If an
    49  exception is sought and granted pursuant to paragraph (c) of this subdi-
    50  vision, the  information  concerning  such  recertification  application
    51  shall  not be public record, unless the request is determined to be null
    52  and void. Notwithstanding the foregoing provisions of this subparagraph,
    53  local and state law enforcement shall, upon request, be  granted  access
    54  to  and copies of such application information provided that such infor-
    55  mation obtained by law enforcement pursuant to this  subparagraph  shall
    56  not be considered a public record of such law enforcement agency.

        S. 1689                             5

     1    (f) The information of licensees or applicants for a license shall not
     2  be  disclosed  to  the  public  during the first one hundred twenty days
     3  following the effective date of the chapter of the laws of two  thousand
     4  thirteen, which amended this section. After such period, the information
     5  of  those  who  had  applied  for or been granted a license prior to the
     6  preparation of the form for requesting an exception, pursuant  to  para-
     7  graph  (b) of this subdivision, may be released only if such individuals
     8  did not file a request for such an exception during the first sixty days
     9  following such  preparation;  provided,  however,  that  no  information
    10  contained  in  an  application for licensure or recertification shall be
    11  disclosed by an entity  that  has  not  completed  processing  any  such
    12  requests received during such sixty days.
    13    (g)  If  a  request for an exception is determined to be null and void
    14  pursuant to paragraph (b) or (c) of this subdivision, an  applicant  may
    15  request  review  of such determination pursuant to article seventy-eight
    16  of the civil practice laws and  rules.  Such  proceeding  must  commence
    17  within  thirty  days  after service of the written notice containing the
    18  adverse determination. Notice of the right to commence such a  petition,
    19  and  the  time  period  therefor, shall be included in the notice of the
    20  determination. Disclosure following such a petition shall  not  be  made
    21  prior to the disposition of such review.]
    22    §  5.  Subdivision  a of section 265.20 of the penal law is amended by
    23  adding a new paragraph 11-a to read as follows:
    24    11-a. Possession of a large capacity ammunition feeding device  by  an
    25  individual  who  legally possessed the large capacity ammunition feeding
    26  device before April fifteenth, two thousand thirteen.
    27    § 6. Section 265.37 of the penal law is REPEALED.
    28    § 7. Section 400.03 of the penal law is REPEALED.
    29    § 8.  Any funds or portion of funds allocated in the state  budget  or
    30  otherwise  appropriated  to  any  office,  agency  or department for the
    31  purpose of implementing the provisions of section 400.03  of  the  penal
    32  law  repealed  by  this act shall be reallocated or appropriated for the
    33  purpose of hiring school resource officers  in  public  schools  in  the
    34  state.
    35    §  9.  This act shall take effect immediately; provided, however, that
    36  the provisions of section four of this act shall take effect  the  first
    37  of  November  next  succeeding  the date on which it shall have become a
    38  law; and provided, further, that the provisions of section five of  this
    39  act  shall  be deemed to have been in full force and effect on and after
    40  January 15, 2014.