STATE OF NEW YORK
        ________________________________________________________________________

                                          3206

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 28, 2021
                                       ___________

        Introduced  by  Sen.  ORTT  --  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  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
    25  a matchlock, flintlock, percussion cap,  or  similar  type  of  ignition

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

        S. 3206                             2

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

        S. 3206                             3

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

        S. 3206                             4

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

        S. 3206                             5

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

        S. 3206                             6

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