STATE OF NEW YORK
        ________________________________________________________________________

                                          3636

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 30, 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 criminal procedure law, the family  court  act,  the
          domestic  relations  law, the general business law, the judiciary law,
          the mental hygiene law, the penal law and the surrogate's court proce-
          dure  act,  in  relation  to  limiting  the  application  of   certain
          provisions  of  law  relating  to  firearms  to the counties of Kings,
          Queens, Richmond, New York and Bronx; and to repeal section 400.02  of
          the penal law relating to the statewide license and record database

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

     1    Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
     2  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
     3  follows:
     4    2-a.  Firearm,  rifle  or shotgun surrender order in certain counties.
     5  [Upon] In the counties of Kings, Queens, Richmond, New York  and  Bronx,
     6  upon  entry  of a verdict of not responsible by reason of mental disease
     7  or defect, or upon the acceptance of a plea of not responsible by reason
     8  of mental disease or defect, or upon a finding that the defendant is  an
     9  incapacitated  person  pursuant  to article seven hundred thirty of this
    10  chapter, the court shall revoke the defendant's firearm license, if any,
    11  inquire of the defendant  as  to  the  existence  and  location  of  any
    12  firearm,  rifle  or  shotgun  owned  or  possessed by such defendant and
    13  direct the surrender of such  firearm,  rifle  or  shotgun  pursuant  to
    14  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
    15  subdivision six of section 400.05 of the penal law.
    16    § 2. Section 380.96 of the criminal procedure law, as added by chapter
    17  1 of the laws of 2013, is amended to read as follows:
    18  § 380.96 Obligation  of sentencing court in certain counties pursuant to
    19             article four hundred of the penal law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01549-02-1

        S. 3636                             2

     1    [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
     2  upon judgment of conviction of  any  offense  which  would  require  the
     3  seizure of firearms, shotguns or rifles from an individual so convicted,
     4  and  the  revocation  of  any license or registration issued pursuant to
     5  article  four  hundred  of the penal law, the judge pronouncing sentence
     6  shall demand surrender of any  such  license  or  registration  and  all
     7  firearms,  shotguns and rifles. The failure to so demand surrender shall
     8  not effect the validity of  any  revocation  pursuant  to  article  four
     9  hundred of the penal law.
    10    § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
    11  as  amended by chapter 60 of the laws of 2018, paragraphs (a) and (b) of
    12  subdivision 1 as amended and paragraph (c) as added by section 8 of part
    13  M, paragraphs (a) and (b) of subdivision 2 as amended and paragraph  (c)
    14  as  added by section 9 of part M, and paragraphs (a) and (b) of subdivi-
    15  sion 3 as amended and paragraph (c) as added by section 10 of part M  of
    16  chapter 55 of the laws of 2020, are amended to read as follows:
    17    1.  [Suspension]  Mandatory  and  permissive  suspension  of  firearms
    18  license and ineligibility for such a license  upon  the  issuance  of  a
    19  temporary  order of protection. Whenever a temporary order of protection
    20  is issued pursuant to section eight hundred twenty-eight of  this  arti-
    21  cle,  or in the counties of Kings, Queens, Richmond, New York and Bronx,
    22  pursuant to article four, five, six, seven or ten of this act:
    23    (a) the court shall suspend any such existing license possessed by the
    24  respondent, order the respondent ineligible  for  such  a  license,  and
    25  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    26  one  of  subdivision  a of section 265.20 and subdivision six of section
    27  400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
    28  owned  or  possessed where the court receives information that gives the
    29  court good cause to  believe  that:  (i)  the  respondent  has  a  prior
    30  conviction  of any violent felony offense as defined in section 70.02 of
    31  the penal law; (ii) the respondent has previously  been  found  to  have
    32  willfully  failed  to  obey a prior order of protection and such willful
    33  failure involved (A) the infliction of physical injury,  as  defined  in
    34  subdivision  nine  of  section  10.00  of  the penal law, (B) the use or
    35  threatened use of a deadly weapon or dangerous instrument as those terms
    36  are defined in subdivisions twelve and thirteen of section 10.00 of  the
    37  penal  law,  or  (C) behavior constituting any violent felony offense as
    38  defined in section 70.02 of the penal law; or (iii) the respondent has a
    39  prior conviction for stalking in the first degree as defined in  section
    40  120.60  of  the  penal  law, stalking in the second degree as defined in
    41  section 120.55 of the penal law, stalking in the third degree as defined
    42  in section 120.50 of the penal law or stalking in the fourth  degree  as
    43  defined in section 120.45 of such law;
    44    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    45  York  and Bronx, shall where the court finds a substantial risk that the
    46  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    47  fully against the person or persons for whose protection  the  temporary
    48  order  of  protection  is  issued,  suspend  any  such  existing license
    49  possessed by the respondent, order the respondent ineligible for such  a
    50  license, and order the immediate surrender [pursuant to subparagraph (f)
    51  of  paragraph one of subdivision a of section 265.20 and subdivision six
    52  of section 400.05 of the penal law,] of any or all firearms, rifles  and
    53  shotguns owned or possessed; and
    54    (c)  the  court may where the defendant willfully refuses to surrender
    55  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    56  this  subdivision,  or  for  other good cause shown, order the immediate

        S. 3636                             3

     1  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
     2  to an order issued in accordance with article six hundred ninety of  the
     3  criminal procedure law, consistent with such rights as the defendant may
     4  derive from this article or the constitution of this state or the United
     5  States.
     6    2.  [Revocation]  Mandatory and permissive revocation or suspension of
     7  firearms license and ineligibility for such a license upon the  issuance
     8  of  an  order  of  protection. Whenever an order of protection is issued
     9  pursuant to section eight hundred forty-one of  this  part,  or  in  the
    10  county  of Kings, Queens, Richmond, New York or Bronx, pursuant to arti-
    11  cle four, five, six, seven or ten of this act:
    12    (a) the court shall revoke any such existing license possessed by  the
    13  respondent,  order  the  respondent  ineligible  for such a license, and
    14  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    15  one of subdivision a of section 265.20 and subdivision  six  of  section
    16  400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
    17  owned or possessed where the court finds that the conduct which resulted
    18  in the issuance of the order of protection involved (i)  the  infliction
    19  of  serious  physical  injury,  as  defined in subdivision [nine] ten of
    20  section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
    21  deadly  weapon  or  dangerous  instrument  as those terms are defined in
    22  subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
    23  (iii)  behavior  constituting  any  violent felony offense as defined in
    24  section 70.02 of the penal law;
    25    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    26  York and Bronx, shall, where the court finds a substantial risk that the
    27  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    28  fully against the person or persons for whose protection  the  order  of
    29  protection  is issued, (i) revoke any such existing license possessed by
    30  the respondent, order the respondent ineligible for such a  license  and
    31  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    32  one  of  subdivision  a of section 265.20 and subdivision six of section
    33  400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
    34  owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
    35  existing license possessed by the respondent, order the respondent inel-
    36  igible for such a license, and order the immediate surrender pursuant to
    37  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
    38  subdivision six of section 400.05 of  the  penal  law,  of  any  or  all
    39  firearms, rifles and shotguns owned or possessed; and
    40    (c)  the  court may where the defendant willfully refuses to surrender
    41  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    42  this  subdivision,  or  for  other good cause shown, order the immediate
    43  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
    44  to an order issued in accordance with article six hundred ninety of  the
    45  criminal procedure law, consistent with such rights as the defendant may
    46  derive from this article or the constitution of this state or the United
    47  States.
    48    3.  [Revocation]  Mandatory and permissive revocation or suspension of
    49  firearms license and ineligibility for such a license upon a finding  of
    50  a  willful  failure  to obey an order of protection or, in the county of
    51  Kings,  Queens,  Richmond,  New  York  or  Bronx,  temporary  order   of
    52  protection.  Whenever  a  respondent has been found, pursuant to section
    53  eight hundred forty-six-a of this part to have willfully failed to  obey
    54  an order of protection or temporary order of protection issued [pursuant
    55  to  this  act  or  the domestic relations law, or] by this court or by a
    56  court of competent jurisdiction in another state, territorial or  tribal

        S. 3636                             4

     1  jurisdiction,  in  addition  to any other remedies available pursuant to
     2  section eight hundred forty-six-a of this part:
     3    (a)  the court shall revoke any such existing license possessed by the
     4  respondent, order the respondent ineligible  for  such  a  license,  and
     5  order the immediate surrender[ pursuant to subparagraph (f) of paragraph
     6  one  of  subdivision  a of section 265.20 and subdivision six of section
     7  400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
     8  owned or possessed where the willful failure to obey such order involves
     9  (i) the infliction of serious physical injury, as defined in subdivision
    10  [nine] ten of section 10.00 of the penal law, (ii) the use or threatened
    11  use  of  a  deadly  weapon  or  dangerous  instrument as those terms are
    12  defined in subdivisions twelve and thirteen  of  section  10.00  of  the
    13  penal  law, or (iii) behavior constituting any violent felony offense as
    14  defined in section 70.02 of the penal law; or (iv) behavior constituting
    15  stalking in the first degree as defined in section 120.60 of  the  penal
    16  law,  stalking  in the second degree as defined in section 120.55 of the
    17  penal law, stalking in the third degree as defined in section 120.50  of
    18  the  penal  law  or  stalking in the fourth degree as defined in section
    19  120.45 of such law;
    20    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    21  York and Bronx, shall where the court finds a substantial risk that  the
    22  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    23  fully  against  the  person or persons for whose protection the order of
    24  protection was issued, (i) revoke any such existing license possessed by
    25  the respondent, order the respondent  ineligible  for  such  a  license,
    26  whether  or  not  the respondent possesses such a license, and order the
    27  immediate surrender [pursuant to subparagraph (f) of  paragraph  one  of
    28  subdivision a of section 265.20 and subdivision six of section 400.05 of
    29  the  penal  law,]  of  any or all firearms, rifles and shotguns owned or
    30  possessed or (ii) suspend any such existing  license  possessed  by  the
    31  respondent,  order  the  respondent  ineligible  for such a license, and
    32  order the immediate surrender of any or all firearms, rifles  and  shot-
    33  guns owned or possessed; and
    34    (c)  the  court may where the defendant willfully refuses to surrender
    35  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    36  this  subdivision,  or  for  other good cause shown, order the immediate
    37  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
    38  to an order issued in accordance with article six hundred ninety of  the
    39  criminal procedure law, consistent with such rights as the defendant may
    40  derive from this article or the constitution of this state or the United
    41  States.
    42    § 4. Section 846-a of the family court act, as amended by chapter 1 of
    43  the laws of 2013, is amended to read as follows:
    44    §  846-a.  Powers on failure to obey order. If a respondent is brought
    45  before the court for failure to obey any lawful order issued under  this
    46  article  or  an  order of protection or, in the county of Kings, Queens,
    47  Richmond, New York  or  Bronx,  temporary  order  of  protection  issued
    48  [pursuant to this act or issued] by a court of competent jurisdiction of
    49  another state, territorial or tribal jurisdiction and if, after hearing,
    50  the  court is satisfied by competent proof that the respondent has will-
    51  fully failed to obey any such order, the court may  modify  an  existing
    52  order  or,  in the county of Kings, Queens, Richmond, New York or Bronx,
    53  temporary order of protection to add reasonable conditions  of  behavior
    54  to the existing order, make a new order of protection in accordance with
    55  section  eight  hundred forty-two of this part, may order the forfeiture
    56  of bail in a manner consistent with article five hundred  forty  of  the

        S. 3636                             5

     1  criminal  procedure  law  if bail has been ordered pursuant to this act,
     2  may order the respondent to pay the petitioner's reasonable  and  neces-
     3  sary  counsel  fees  in connection with the violation petition where the
     4  court  finds that the violation of its order was willful, and may commit
     5  the respondent to jail for a term not to exceed six months. Such commit-
     6  ment may be served upon certain specified days or parts of days  as  the
     7  court may direct, and the court may, at any time within the term of such
     8  sentence,  revoke  such  suspension  and  commit  the respondent for the
     9  remainder of the original sentence, or suspend  the  remainder  of  such
    10  sentence.  If the court determines that the willful failure to obey such
    11  order involves violent behavior constituting  the  crimes  of  menacing,
    12  reckless  endangerment,  assault  or  attempted  assault  and  if such a
    13  respondent is licensed to carry, possess, repair and dispose of firearms
    14  pursuant to section 400.00 of the penal law, the court  may  also  imme-
    15  diately  revoke such license and may arrange for the immediate surrender
    16  [pursuant to subparagraph (f) of  paragraph  one  of  subdivision  a  of
    17  section  265.20 and subdivision six of section 400.05 of the penal law,]
    18  and disposal of any firearm such respondent owns or  possesses.  If  the
    19  willful  failure  to  obey such order involves the infliction of serious
    20  physical injury as defined in subdivision [nine] ten of section 10.00 of
    21  the penal law or the use or threatened use of a deadly weapon or danger-
    22  ous instrument, as those terms are defined in  subdivisions  twelve  and
    23  thirteen  of section 10.00 of the penal law, such revocation and immedi-
    24  ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
    25  sion a of section 265.20 and subdivision six of section  400.05  of  the
    26  penal  law  six]  and  disposal  of  any  firearm  owned or possessed by
    27  respondent shall be mandatory, pursuant to subdivision eleven of section
    28  400.00 of the penal law.
    29    § 5. Section 446-a of the family court act, as added by chapter  1  of
    30  the laws of 2013, is amended to read as follows:
    31    §  446-a.  Firearms;  surrender and license suspension, revocation and
    32  ineligibility; certain counties.   [Upon]  In  the  counties  of  Kings,
    33  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    34  protection or temporary order of protection, or upon a violation of such
    35  order, the court shall make a determination regarding the suspension and
    36  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
    37  firearm  or firearms, ineligibility for such a license and the surrender
    38  of firearms in accordance with section eight hundred forty-two-a of this
    39  act.
    40    § 6. Section 552 of the family court act, as added by chapter 1 of the
    41  laws of 2013, is amended to read as follows:
    42    § 552. Firearms; surrender  and  license  suspension,  revocation  and
    43  ineligibility;  certain  counties.  [Upon]  In  the  counties  of Kings,
    44  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
    45  protection or temporary order of protection, or upon a violation of such
    46  order, the court shall make a determination regarding the suspension and
    47  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
    48  firearm or firearms, ineligibility for such a license and the  surrender
    49  of firearms in accordance with section eight hundred forty-two-a of this
    50  act.
    51    §  7.  Section 656-a of the family court act, as added by chapter 1 of
    52  the laws of 2013, is amended to read as follows:
    53    § 656-a. Firearms; surrender and license  suspension,  revocation  and
    54  ineligibility;  certain  counties.  [Upon]  In  the  counties  of Kings,
    55  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
    56  protection or temporary order of protection, or upon a violation of such

        S. 3636                             6

     1  order, the court shall make a determination regarding the suspension and
     2  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
     3  firearm or firearms, ineligibility for such a license and the  surrender
     4  of firearms in accordance with section eight hundred forty-two-a of this
     5  act.
     6    §  8.  Section 780-a of the family court act, as added by chapter 1 of
     7  the laws of 2013, is amended to read as follows:
     8    § 780-a. Firearms; surrender and license  suspension,  revocation  and
     9  ineligibility;  certain  counties.  [Upon]  In  the  counties  of Kings,
    10  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
    11  protection or temporary order of protection, or upon a violation of such
    12  order, the court shall make a determination regarding the suspension and
    13  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
    14  firearm or firearms, ineligibility for such a license and the  surrender
    15  of firearms in accordance with section eight hundred forty-two-a of this
    16  act.
    17    §  9. Section 1056-a of the family court act, as added by chapter 1 of
    18  the laws of 2013, is amended to read as follows:
    19    § 1056-a. Firearms; surrender and license suspension,  revocation  and
    20  ineligibility;  certain  counties.  [Upon]  In  the  counties  of Kings,
    21  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
    22  protection or temporary order of protection, or upon a violation of such
    23  order,  the  court  shall make an order in accordance with section eight
    24  hundred forty-two-a of this act.
    25    § 10. Paragraph h of subdivision 3 of  section  240  of  the  domestic
    26  relations  law,  as amended by chapter 1 of the laws of 2013, is amended
    27  to read as follows:
    28    h. Upon issuance of an order  of  protection  or  temporary  order  of
    29  protection  or upon a violation of such order, the court may and, in the
    30  counties of Kings, Queens, Richmond, New York and Bronx,  shall  make  a
    31  determination  regarding  the  suspension and revocation of a license to
    32  carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
    33  ity  for such a license and the surrender of firearms in accordance with
    34  sections eight hundred forty-two-a and eight hundred forty-six-a of  the
    35  family court act, as applicable. Upon issuance of an order of protection
    36  pursuant  to  this section or upon a finding of a violation thereof, the
    37  court also may direct payment of restitution in an amount not to  exceed
    38  ten thousand dollars in accordance with subdivision (e) of section eight
    39  hundred  forty-one of such act; provided, however, that in no case shall
    40  an order of restitution be issued where the court  determines  that  the
    41  party against whom the order would be issued has already compensated the
    42  injured  party  or  where  such  compensation is incorporated in a final
    43  judgment or settlement of the action.
    44    § 11. Subdivision 9 of section 252 of the domestic relations  law,  as
    45  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    46    9.  Upon  issuance  of  an  order  of protection or temporary order of
    47  protection or upon a violation of such order, the court may and, in  the
    48  counties  of  Kings,  Queens, Richmond, New York and Bronx, shall make a
    49  determination regarding the suspension and revocation of  a  license  to
    50  carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
    51  ity for such a license and the surrender of firearms in accordance  with
    52  sections  eight hundred forty-two-a and eight hundred forty-six-a of the
    53  family court act, as applicable. Upon issuance of an order of protection
    54  pursuant to this section or upon a finding of a violation  thereof,  the
    55  court  also may direct payment of restitution in an amount not to exceed
    56  ten thousand dollars in accordance with subdivision (e) of section eight

        S. 3636                             7

     1  hundred forty-one of such act; provided, however, that in no case  shall
     2  an  order  of  restitution be issued where the court determines that the
     3  party against whom the order would be issued has already compensated the
     4  injured  party  or  where  such  compensation is incorporated in a final
     5  judgment or settlement of the action.
     6    § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
     7  section  530.14  of the criminal procedure law, the opening paragraph as
     8  amended by chapter 60 of the laws of 2018 and paragraph (b)  as  amended
     9  by section 3 of part M of chapter 55 of the laws of 2020, are amended to
    10  read as follows:
    11    [Suspension]  Mandatory  and permissive suspension of firearms license
    12  and ineligibility for such a license upon issuance of temporary order of
    13  protection. Whenever a temporary order of protection is issued  pursuant
    14  to  subdivision  one  of  section  530.12  or subdivision one of section
    15  530.13 of this article:
    16    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    17  York and Bronx, shall where the court finds a substantial risk that  the
    18  defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
    19  fully against the person or persons for whose protection  the  temporary
    20  order  of  protection  is  issued,  suspend  any  such  existing license
    21  possessed by the defendant, order the defendant ineligible  for  such  a
    22  license  and order the immediate surrender [pursuant to subparagraph (f)
    23  of paragraph one of subdivision a of section 265.20 and subdivision  six
    24  of  section 400.05 of the penal law,] of any or all firearms, rifles and
    25  shotguns owned or possessed; and
    26    § 13. The opening paragraph and paragraph  (b)  of  subdivision  2  of
    27  section  530.14  of the criminal procedure law, the opening paragraph as
    28  amended by chapter 60 of the laws of 2018 and paragraph (b)  as  amended
    29  by section 4 of part M of chapter 55 of the laws of 2020, are amended to
    30  read as follows:
    31    [Revocation]  Mandatory  and  permissive  revocation  or suspension of
    32  firearms license and ineligibility for such a license upon  issuance  of
    33  an order of protection. Whenever an order of protection is issued pursu-
    34  ant to subdivision five of section 530.12 or subdivision four of section
    35  530.13 of this article:
    36    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    37  York  and Bronx, shall where the court finds a substantial risk that the
    38  defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
    39  fully  against  the  person or persons for whose protection the order of
    40  protection is issued, (i) revoke any such existing license possessed  by
    41  the  defendant,  order  the  defendant ineligible for such a license and
    42  order the immediate surrender of any or all firearms, rifles  and  shot-
    43  guns  owned or possessed or (ii) suspend or continue to suspend any such
    44  existing license possessed by the defendant, order the defendant  ineli-
    45  gible  for such a license and order the immediate surrender [pursuant to
    46  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
    47  subdivision six of section 400.05 of the  penal  law,]  of  any  or  all
    48  firearms, rifles and shotguns owned or possessed; and
    49    §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
    50  section 530.14 of the criminal procedure law, the opening  paragraph  as
    51  amended  by  chapter 60 of the laws of 2018 and paragraph (b) as amended
    52  by section 5 of part M of chapter 55 of the laws of 2020, are amended to
    53  read as follows:
    54    [Revocation] Mandatory and  permissive  revocation  or  suspension  of
    55  firearms  license and ineligibility for such a license upon a finding of
    56  a willful failure to obey an order of protection. Whenever  a  defendant

        S. 3636                             8

     1  has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
     2  subdivision eight of section 530.13 of this article  to  have  willfully
     3  failed  to  obey  an  order of protection issued by a court of competent
     4  jurisdiction  in  this  state  or  another  state, territorial or tribal
     5  jurisdiction, in addition to any other remedies  available  pursuant  to
     6  subdivision  eleven  of  section  530.12 or subdivision eight of section
     7  530.13 of this article:
     8    (b) the court may and, in the counties of Kings, Queens, Richmond, New
     9  York and Bronx, shall where the court finds a substantial risk that  the
    10  defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
    11  fully against the person or persons for whose protection  the  order  of
    12  protection was issued, (i) revoke any such existing license possessed by
    13  the  defendant,  order  the  defendant ineligible for such a license and
    14  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    15  one of subdivision a of section 265.20 and subdivision  six  of  section
    16  400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
    17  owned or possessed or (ii) suspend any such existing  license  possessed
    18  by  the defendant, order the defendant ineligible for such a license and
    19  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    20  one of subdivision a of section 265.20 and subdivision  six  of  section
    21  400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
    22  owned or possessed; and
    23    § 15. The article heading of article 39-DDD of  the  general  business
    24  law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
    25  follows:
    26          PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
    27                             IN CERTAIN COUNTIES
    28    § 16. Subdivision 1 of section 898 of the  general  business  law,  as
    29  amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
    30  follows:
    31    1. In addition to any other requirements pursuant to state and federal
    32  law, all sales, exchanges or disposals of firearms, rifles or  shotguns,
    33  in the counties of Kings, Queens, Richmond, New York and Bronx, shall be
    34  conducted  in accordance with this section unless such sale, exchange or
    35  disposal is conducted by a licensed importer, licensed  manufacturer  or
    36  licensed  dealer,  as those terms are defined in 18 USC § 922, when such
    37  sale, exchange or disposal is conducted pursuant to that person's feder-
    38  al firearms license or  such  sale,  exchange  or  disposal  is  between
    39  members  of  an  immediate  family. When a sale, exchange or disposal is
    40  conducted pursuant to a person's federal firearms license, before deliv-
    41  ering a firearm, rifle or shotgun to any person, either (a) the National
    42  Instant Criminal Background Check System (NICS)  or  its  successor  has
    43  issued  a  "proceed"  response  to the federal firearms licensee, or (b)
    44  thirty calendar days shall have  elapsed  since  the  date  the  federal
    45  firearms licensee contacted NICS to initiate a national instant criminal
    46  background check and NICS has not notified the federal firearms licensee
    47  that the transfer of the firearm, rifle or shotgun to such person should
    48  be  denied.  For purposes of this section, "immediate family" shall mean
    49  spouses, domestic partners, children and step-children.
    50    § 17. Paragraph (q) of subdivision 2 of section 212 of  the  judiciary
    51  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    52  follows:
    53    (q) Adopt rules to  require  transmission,  to  the  criminal  justice
    54  information  services division of the federal bureau of investigation or
    55  to the division of criminal justice services,  of  the  name  and  other
    56  identifying  information of each person who has a guardian appointed for

        S. 3636                             9

     1  him or her pursuant to any provision of state law, based on  a  determi-
     2  nation  that  as  a  result  of  marked  subnormal  intelligence, mental
     3  illness, incapacity, condition or disease, he or she  lacks  the  mental
     4  capacity to contract or manage his or her own affairs. Any such records,
     5  relating  to  persons residing in the county of Kings, Queens, Richmond,
     6  New York or Bronx, transmitted directly to the federal bureau of  inves-
     7  tigation  must  also  be transmitted to the division of criminal justice
     8  services[, and any records received by the division of criminal  justice
     9  services pursuant to this paragraph may be checked against the statewide
    10  license and record database].
    11    §  18.  Subdivision  (j) of section 7.09 of the mental hygiene law, as
    12  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    13    (j) (1) The commissioner, in cooperation with other  applicable  state
    14  agencies,  shall  collect,  retain  or modify data or records, and shall
    15  transmit such data or records: (i) to the division of  criminal  justice
    16  services,  or  to  the criminal justice information services division of
    17  the federal bureau of investigation, for the purposes of  responding  to
    18  queries to the national instant criminal background check system regard-
    19  ing  attempts  to  purchase or otherwise take possession of firearms, as
    20  defined in 18 USC 921(a)(3), in accordance with applicable federal  laws
    21  or  regulations,  or  (ii)  for persons residing in the county of Kings,
    22  Queens, Richmond, New York or Bronx, to the division of criminal justice
    23  services, which may re-disclose such data and records only for determin-
    24  ing whether a license issued pursuant to section 400.00 of the penal law
    25  should be denied, suspended or revoked, under subdivision eleven of such
    26  section, or for determining whether a  person  is  no  longer  permitted
    27  under federal or state law to possess a firearm. Such records, which may
    28  not  be  used  for any other purpose, shall include only names and other
    29  non-clinical identifying information of persons who have  been  involun-
    30  tarily committed to a hospital pursuant to article nine of this chapter,
    31  [or  section four hundred two or subdivision two of section five hundred
    32  eight of the correction law,] or article seven hundred thirty or section
    33  330.20 of the criminal procedure law or sections 322.2 or 353.4  of  the
    34  family  court act, or to a secure treatment facility pursuant to article
    35  ten of this chapter.
    36    (2) The commissioner shall  establish  within  the  office  of  mental
    37  health  an administrative process to permit a person who has been or may
    38  be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
    39  922(4)(d) or who has been or may be disqualified from continuing to have
    40  a  license  to  carry,  possess,  repair,  or dispose of a firearm under
    41  section 400.00 of the penal law because such person, who resides in  the
    42  county  of Kings, Queens, Richmond, New York or Bronx, was involuntarily
    43  committed or civilly confined to a facility under  the  jurisdiction  of
    44  the commissioner, to petition for relief from that disability where such
    45  person's  record  and  reputation  are such that such person will not be
    46  likely to act in a manner dangerous  to  public  safety  and  where  the
    47  granting  of  the  relief  would  not  be contrary to public safety. The
    48  commissioner shall promulgate regulations to establish the  relief  from
    49  disabilities  program,  which  shall  include,  but  not  be limited to,
    50  provisions providing for: (i) an opportunity for a  disqualified  person
    51  to  petition for relief in writing; (ii) the authority for the agency to
    52  require that the petitioner  undergo  a  clinical  evaluation  and  risk
    53  assessment;  and (iii) a requirement that the agency issue a decision in
    54  writing explaining the reasons for a denial  or  grant  of  relief.  The
    55  denial  of  a  petition  for relief from disabilities may be reviewed de

        S. 3636                            10

     1  novo pursuant to the proceedings  under  article  seventy-eight  of  the
     2  civil practice law and rules.
     3    §  19.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
     4  added by chapter 1 of the laws of 2013, is amended to read as follows:
     5    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
     6  health  professional currently providing treatment services to a person,
     7  who resides in the county of Kings, Queens, Richmond, New York or Bronx,
     8  determines, in the exercise of reasonable  professional  judgment,  that
     9  such  person is likely to engage in conduct that would result in serious
    10  harm to self or others, he or she shall be required to report,  as  soon
    11  as practicable, to the director of community services, or the director's
    12  designee,  who shall report to the division of criminal justice services
    13  whenever he or she agrees that the person is likely to  engage  in  such
    14  conduct.  Information  transmitted  to  the division of criminal justice
    15  services shall be limited to names and  other  non-clinical  identifying
    16  information,  which  may  only be used for determining whether a license
    17  issued pursuant to section 400.00 of the penal law should  be  suspended
    18  or  revoked,  or  for  determining  whether a person is ineligible for a
    19  license issued pursuant to section 400.00 of the penal  law,  or  is  no
    20  longer permitted under state or federal law to possess a firearm.
    21    § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
    22  chapter 1 of the laws of 2013, is amended to read as follows:
    23    22. "Assault weapon" means
    24    (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
    25  sion,  a  semiautomatic rifle that has an ability to accept a detachable
    26  magazine and has at least two of the following characteristics:
    27    (A) a folding or telescoping stock;
    28    (B) a pistol grip that protrudes conspicuously beneath the  action  of
    29  the weapon;
    30    (C) a bayonet mount;
    31    (D)  a  flash  suppressor or threaded barrel designed to accommodate a
    32  flash suppressor;
    33    (E) a grenade launcher; or
    34    (ii) a semiautomatic shotgun that has at least two  of  the  following
    35  characteristics:
    36    (A) a folding or telescoping stock;
    37    (B)  a  pistol grip that protrudes conspicuously beneath the action of
    38  the weapon;
    39    (C) a fixed magazine capacity in excess of five rounds;
    40    (D) an ability to accept a detachable magazine; or
    41    (iii) a semiautomatic pistol that has an ability to accept a  detacha-
    42  ble magazine and has at least two of the following characteristics:
    43    (A)  an ammunition magazine that attaches to the pistol outside of the
    44  pistol grip;
    45    (B) a threaded barrel capable of accepting a  barrel  extender,  flash
    46  suppressor, forward handgrip, or silencer;
    47    (C)  a  shroud  that is attached to, or partially or completely encir-
    48  cles, the barrel and that permits the shooter to hold the  firearm  with
    49  the nontrigger hand without being burned;
    50    (D)  a  manufactured weight of fifty ounces or more when the pistol is
    51  unloaded;
    52    (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
    53  or
    54    (iv) any of the weapons, or functioning frames or  receivers  of  such
    55  weapons,  or copies or duplicates of such weapons, in any caliber, known
    56  as:

        S. 3636                            11

     1    (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
     2  models);
     3    (B) Action Arms Israeli Military Industries UZI and Galil;
     4    (C) Beretta Ar70 (SC-70);
     5    (D) Colt AR-15;
     6    (E) Fabrique National FN/FAL, FN/LAR, and FNC;
     7    (F) SWD M-10, M-11, M-11/9, and M-12;
     8    (G) Steyr AUG;
     9    (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    10    (I)  revolving  cylinder  shotguns, such as (or similar to) the Street
    11  Sweeper and Striker 12;
    12    (v) provided, however, that such term does not include: (A) any rifle,
    13  shotgun or pistol that (I) is manually operated by bolt, pump, lever  or
    14  slide action; (II) has been rendered permanently inoperable; or (III) is
    15  an antique firearm as defined in 18 U.S.C. 921(a)(16);
    16    (B)  a  semiautomatic  rifle  that cannot accept a detachable magazine
    17  that holds more than five rounds of ammunition;
    18    (C) a semiautomatic shotgun that cannot hold more than five rounds  of
    19  ammunition in a fixed or detachable magazine;
    20    (D)  a  rifle, shotgun or pistol, or a replica or a duplicate thereof,
    21  specified in Appendix A to section 922 of 18 U.S.C. as such  weapon  was
    22  manufactured  on  October first, nineteen hundred ninety-three. The mere
    23  fact that a weapon is not listed in Appendix A shall not be construed to
    24  mean that such weapon is an assault weapon; or
    25    (E) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
    26  pistol  or  any of the weapons defined in subparagraph (iv) of paragraph
    27  (b) of this subdivision lawfully  possessed  prior  to  September  four-
    28  teenth, nineteen hundred ninety-four; and
    29    (b)  (i)  in  the  counties  of  Kings, Queens, Richmond, New York and
    30  Bronx, a semiautomatic rifle that has an ability to accept a  detachable
    31  magazine and has at least one of the following characteristics:
    32    [(i)] (A) a folding or telescoping stock;
    33    [(ii)]  (B)  a  pistol  grip  that protrudes conspicuously beneath the
    34  action of the weapon;
    35    [(iii)] (C) a thumbhole stock;
    36    [(iv)] (D) a second handgrip or a protruding grip that can be held  by
    37  the non-trigger hand;
    38    [(v)] (E) a bayonet mount;
    39    [(vi)]  (F)  a  flash suppressor, muzzle break, muzzle compensator, or
    40  threaded barrel designed  to  accommodate  a  flash  suppressor,  muzzle
    41  break, or muzzle compensator;
    42    [(vii)] (G) a grenade launcher; or
    43    [(b)]  (ii)  a  semiautomatic  shotgun  that  has  at least one of the
    44  following characteristics:
    45    [(i)] (A) a folding or telescoping stock;
    46    [(ii)] (B) a thumbhole stock;
    47    [(iii)] (C) a second handgrip or a protruding grip that can be held by
    48  the non-trigger hand;
    49    [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
    50    [(v)] (E) an ability to accept a detachable magazine; or
    51    [(c)] (iii) a semiautomatic pistol that has an  ability  to  accept  a
    52  detachable  magazine  and  has  at least one of the following character-
    53  istics:
    54    [(i)] (A) a folding or telescoping stock;
    55    [(ii)] (B) a thumbhole stock;

        S. 3636                            12

     1    [(iii)] (C) a second handgrip or a protruding grip that can be held by
     2  the non-trigger hand;
     3    [(iv)]  (D) capacity to accept an ammunition magazine that attaches to
     4  the pistol outside of the pistol grip;
     5    [(v)] (E) a threaded barrel capable of accepting  a  barrel  extender,
     6  flash suppressor, forward handgrip, or silencer;
     7    [(vi)]  (F)  a  shroud that is attached to, or partially or completely
     8  encircles, the barrel and that permits the shooter to hold  the  firearm
     9  with the non-trigger hand without being burned;
    10    [(vii)]  (G)  a  manufactured  weight of fifty ounces or more when the
    11  pistol is unloaded; or
    12    [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
    13  firearm;
    14    [(d)] (iv) a revolving cylinder shotgun;
    15    [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a  semiau-
    16  tomatic pistol or weapon defined in former subparagraph (v) of paragraph
    17  (e) of subdivision twenty-two of section 265.00 of this chapter as added
    18  by  chapter  one  hundred  eighty-nine  of  the laws of two thousand and
    19  otherwise lawfully possessed pursuant to such chapter of the laws of two
    20  thousand prior to September fourteenth, nineteen hundred ninety-four;
    21    [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
    22  tomatic pistol or weapon defined in this paragraph  or  paragraph  (a)[,
    23  (b)  or  (c)] of this subdivision, possessed prior to the date of enact-
    24  ment of [the] chapter one of the laws of  two  thousand  thirteen  which
    25  added this paragraph;
    26    [(g)] (vii) provided, however, that such term does not include:
    27    [(i)]  (A)  any  rifle,  shotgun  or pistol that [(A)] (I) is manually
    28  operated by bolt, pump, lever or  slide  action;  [(B)]  (II)  has  been
    29  rendered permanently inoperable; or [(C)] (III) is an antique firearm as
    30  defined in 18 U.S.C.  921(a)(16);
    31    [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
    32  zine that holds more than five rounds of ammunition;
    33    [(iii)]  (C)  a  semiautomatic shotgun that cannot hold more than five
    34  rounds of ammunition in a fixed or detachable magazine; or
    35    [(iv)] (D) a rifle, shotgun or pistol, or a  replica  or  a  duplicate
    36  thereof,  specified  in  Appendix  A to 18 U.S.C. 922 as such weapon was
    37  manufactured on October first, nineteen hundred ninety-three.  The  mere
    38  fact that a weapon is not listed in Appendix A shall not be construed to
    39  mean that such weapon is an assault weapon;
    40    [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
    41  sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
    42  subject to the provisions of [paragraph (h)] subparagraph (viii) of this
    43  [subdivision] paragraph;
    44    [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
    45  least fifty years prior to the current date, but not including  replicas
    46  thereof  that is validly registered pursuant to subdivision sixteen-a of
    47  section 400.00 of this chapter;
    48    [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
    49  (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
    50  nition feeding device that was legally possessed by an individual  prior
    51  to  the enactment of [the] chapter one of the laws of two thousand thir-
    52  teen which added this paragraph, may only be sold to, exchanged with  or
    53  disposed  of  to a purchaser authorized to possess such weapons or to an
    54  individual or entity outside of the state provided that any such  trans-
    55  fer  to an individual or entity outside of the state must be reported to
    56  the entity wherein the weapon is registered within seventy-two hours  of

        S. 3636                            13

     1  such  transfer.  An  individual  who  transfers any such weapon or large
     2  capacity ammunition device to an individual inside  New  York  state  or
     3  without  complying with the provisions of this paragraph shall be guilty
     4  of  a  class A misdemeanor unless such large capacity ammunition feeding
     5  device, the possession of which is made illegal by [the] chapter one  of
     6  the  laws of two thousand thirteen which added this [paragraph] subpara-
     7  graph, is transferred within one year of the  effective  date  of  [the]
     8  chapter one of the laws of two thousand thirteen which added this [para-
     9  graph] subparagraph.
    10    § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
    11  chapter 1 of the laws of 2013, is amended to read as follows:
    12    23. "Large capacity ammunition feeding device" means a magazine, belt,
    13  drum,  feed strip, or similar device, manufactured after September thir-
    14  tieth, nineteen hundred ninety-four, that [(a)] has a  capacity  of,  or
    15  that  can  be  readily  restored  or  converted to accept, more than ten
    16  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
    17  tion, or (c) is obtained after the effective date of the chapter of  the
    18  laws  of  two thousand thirteen which amended this subdivision and has a
    19  capacity of, or that can be readily restored  or  converted  to  accept,
    20  more than seven rounds of ammunition]; provided, however, that such term
    21  does  not  include  an  attached  tubular device designed to accept, and
    22  capable of operating only with, .22 caliber  rimfire  ammunition  [or  a
    23  feeding  device  that  is  a  curio or relic. A feeding device that is a
    24  curio or relic is defined as a device that (i) was manufactured at least
    25  fifty years prior to the current date, (ii) is  only  capable  of  being
    26  used  exclusively  in a firearm, rifle, or shotgun that was manufactured
    27  at least fifty years prior to the current date, but not including repli-
    28  cas thereof, (iii) is possessed by an individual who is  not  prohibited
    29  by state or federal law from possessing a firearm and (iv) is registered
    30  with  the  division of state police pursuant to subdivision sixteen-a of
    31  section 400.00 of this chapter, except such feeding devices  transferred
    32  into  the  state may be registered at any time, provided they are regis-
    33  tered within thirty days of their transfer into the state. Notwithstand-
    34  ing paragraph (h) of subdivision twenty-two of this section, such  feed-
    35  ing  devices  may  be  transferred  provided that such transfer shall be
    36  subject to the provisions of section 400.03 of  this  chapter  including
    37  the check required to be conducted pursuant to such section].
    38    §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
    39  chapter 1 of the laws of 2013, is amended to read as follows:
    40    24. "Seller of ammunition" means any person, firm, partnership, corpo-
    41  ration or company who engages in the business of purchasing, selling  or
    42  keeping ammunition in the county of Kings, Queens, Richmond, New York or
    43  Bronx.
    44    §  23.  The opening paragraph of section 265.01-b of the penal law, as
    45  added by chapter 1 of the laws of 2013, is amended to read as follows:
    46    A person is guilty of criminal possession of a firearm when he or she,
    47  being a resident of the county of Kings, Queens, Richmond, New  York  or
    48  Bronx:    (1) possesses any firearm or; (2) lawfully possesses a firearm
    49  prior to the effective date of [the] chapter one  of  the  laws  of  two
    50  thousand  thirteen  which added this section subject to the registration
    51  requirements of subdivision sixteen-a of section 400.00 of this  chapter
    52  and  knowingly  fails to register such firearm pursuant to such subdivi-
    53  sion.
    54    § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20  of  the
    55  penal  law, paragraph 3 as amended and paragraph 7-f as added by chapter
    56  1 of the laws of 2013, are amended to read as follows:

        S. 3636                            14

     1    3. Possession of a pistol or revolver by a person to  whom  a  license
     2  therefor  has  been issued as provided under section 400.00 or 400.01 of
     3  this chapter or possession, in the county of  Kings,  Queens,  Richmond,
     4  New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
     5  paragraph  [(e)  or (f)] (b) of subdivision twenty-two of section 265.00
     6  of this article which is registered pursuant to paragraph (a) of  subdi-
     7  vision  sixteen-a of section 400.00 of this chapter or is included on an
     8  amended license issued pursuant to section 400.00 of  this  chapter.  In
     9  the  event  such license is revoked, other than because such licensee is
    10  no longer permitted to possess a firearm, rifle or shotgun under federal
    11  or state law, information sufficient  to  satisfy  the  requirements  of
    12  subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
    13  mitted  by  the  licensing officer to the division of state police, in a
    14  form as determined by the superintendent of state  police.  Such  trans-
    15  mission  shall  constitute  a  valid  registration  under  such section.
    16  Further provided, notwithstanding any other section  of  this  title,  a
    17  failure  to  register  such  weapon  by  an individual, in the county of
    18  Kings, Queens, Richmond, New York or Bronx, who  possesses  such  weapon
    19  before  the  enactment  of [the] chapter one of the laws of two thousand
    20  thirteen which amended this paragraph and may  so  lawfully  possess  it
    21  thereafter upon registration, shall only be subject to punishment pursu-
    22  ant  to paragraph (c) of subdivision sixteen-a of section 400.00 of this
    23  chapter; provided,  that  such  a  license  or  registration  shall  not
    24  preclude  a  conviction  for the offense defined in subdivision three of
    25  section 265.01 of this article or section 265.01-a of this article.
    26    7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
    27  device,  in  the  county  of Kings, Queens, Richmond, New York or Bronx,
    28  that contains more than seven rounds of ammunition, but  that  does  not
    29  have  a  capacity  of  or can readily be restored or converted to accept
    30  more than ten rounds of ammunition, at an indoor or outdoor firing range
    31  located in or on premises owned  or  occupied  by  a  duly  incorporated
    32  organization organized for conservation purposes or to foster proficien-
    33  cy  in  arms;  at  an  indoor or outdoor firing range for the purpose of
    34  firing a rifle or shotgun; at a collegiate, olympic or  target  shooting
    35  competition  under  the  auspices  of  or approved by the national rifle
    36  association; or at an organized match sanctioned  by  the  International
    37  Handgun Metallic Silhouette Association.
    38    §  25.  The  opening  paragraph of section 265.36 of the penal law, as
    39  added by chapter 1 of the laws of 2013, is amended to read as follows:
    40    It shall be unlawful for a person, in the  county  of  Kings,  Queens,
    41  Richmond, New York or Bronx, to knowingly possess a large capacity ammu-
    42  nition feeding device manufactured before September thirteenth, nineteen
    43  hundred  ninety-four,  and  if such person lawfully possessed such large
    44  capacity feeding device before the effective date of [the]  chapter  one
    45  of  the laws of two thousand thirteen which added this section, that has
    46  a capacity of, or that can be readily restored or converted  to  accept,
    47  more than ten rounds of ammunition.
    48    §  26.  The  opening  paragraph of section 265.37 of the penal law, as
    49  amended by section 2 of part FF of chapter 57 of the laws  of  2013,  is
    50  amended to read as follows:
    51    It  shall be unlawful for a person to knowingly possess, in the county
    52  of Kings, Queens, Richmond, New York or  Bronx,  an  ammunition  feeding
    53  device where such device contains more than seven rounds of ammunition.
    54    §  27.  The  opening  paragraph of section 265.45 of the penal law, as
    55  amended by chapter 133 of the laws  of  2019,  is  amended  to  read  as
    56  follows:

        S. 3636                            15

     1    No person, residing in the county of Kings, Queens, Richmond, New York
     2  or  Bronx,  who  owns or is custodian of a rifle, shotgun or firearm who
     3  resides with an individual who: (i) is under sixteen years of age;  (ii)
     4  such  person knows or has reason to know is prohibited from possessing a
     5  rifle,  shotgun or firearm pursuant to a temporary or final extreme risk
     6  protection order issued under article sixty-three-A of the  civil  prac-
     7  tice  law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii)
     8  such person knows or has reason to know is prohibited from possessing  a
     9  rifle,  shotgun or firearm based on a conviction for a felony or a seri-
    10  ous offense, shall store or  otherwise  leave  such  rifle,  shotgun  or
    11  firearm out of his or her immediate possession or control without having
    12  first  securely  locked such rifle, shotgun or firearm in an appropriate
    13  safe storage depository or rendered it incapable of being fired  by  use
    14  of a gun locking device appropriate to that weapon. For purposes of this
    15  section  "safe  storage  depository"  shall  mean a safe or other secure
    16  container which, when locked, is incapable of being opened  without  the
    17  key, combination or other unlocking mechanism and is capable of prevent-
    18  ing  an  unauthorized  person from obtaining access to and possession of
    19  the weapon contained therein. Nothing in this section shall be deemed to
    20  affect, impair or supersede any special or local  act  relating  to  the
    21  safe  storage  of  rifles,  shotguns or firearms which impose additional
    22  requirements on the owner or custodian of such weapons.
    23    § 28. Subdivision 1 of section 400.00 of the penal law, as amended  by
    24  chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
    25  the laws of 2018, is amended to read as follows:
    26    1. Eligibility. No license shall be issued or renewed pursuant to this
    27  section  except  by  the licensing officer, and then only after investi-
    28  gation and finding that all statements in a  proper  application  for  a
    29  license  are  true.  No license shall be issued or renewed except for an
    30  applicant (a) twenty-one years of age or older, provided, however,  that
    31  where  such  applicant  has  been  honorably  discharged from the United
    32  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    33  national  guard  of the state of New York, no such age restriction shall
    34  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
    35  anywhere  of  a felony or a serious offense or who is not the subject of
    36  an outstanding warrant of arrest issued upon the alleged commission of a
    37  felony or serious offense; (d) who is not a fugitive from  justice;  (e)
    38  who  is  not an unlawful user of or addicted to any controlled substance
    39  as defined in section 21 U.S.C. 802; (f) who being an alien (i)  is  not
    40  illegally or unlawfully in the United States or (ii) has not been admit-
    41  ted to the United States under a nonimmigrant visa subject to the excep-
    42  tion  in  18  U.S.C. 922(y)(2); (g) who has not been discharged from the
    43  Armed Forces under dishonorable conditions; (h) who, having been a citi-
    44  zen of the United States, has not renounced his or her citizenship;  (i)
    45  who  has  stated whether he or she has ever suffered any mental illness;
    46  (j) who, being a resident of the county of Kings, Queens, Richmond,  New
    47  York  or Bronx, has not been involuntarily committed to a facility under
    48  the jurisdiction of an office of the department of mental hygiene pursu-
    49  ant to article nine or fifteen of the mental hygiene law, article  seven
    50  hundred  thirty or section 330.20 of the criminal procedure law, section
    51  four hundred two or five hundred eight of the  correction  law,  section
    52  322.2 or 353.4 of the family court act, or has not been civilly confined
    53  in  a  secure  treatment  facility pursuant to article ten of the mental
    54  hygiene law; (k) who has not had a license revoked or who is not under a
    55  suspension or ineligibility order issued pursuant to the  provisions  of
    56  section  530.14  of  the criminal procedure law or section eight hundred

        S. 3636                            16

     1  forty-two-a of the family court act; (l) in the county  of  Westchester,
     2  who  has  successfully  completed  a  firearms safety course and test as
     3  evidenced by a certificate of completion issued in his or her  name  and
     4  endorsed  and  affirmed under the penalties of perjury by a duly author-
     5  ized instructor, except that: (i) persons who are  honorably  discharged
     6  from  the  United  States army, navy, marine corps or coast guard, or of
     7  the national guard of the state of New York,  and  produce  evidence  of
     8  official  qualification  in  firearms during the term of service are not
     9  required to have completed those  hours  of  a  firearms  safety  course
    10  pertaining  to the safe use, carrying, possession, maintenance and stor-
    11  age of a firearm; and (ii) persons who were licensed to possess a pistol
    12  or revolver prior to the  effective  date  of  this  paragraph  are  not
    13  required  to  have completed a firearms safety course and test; (m) who,
    14  being a resident of the county of Kings, Queens, Richmond, New  York  or
    15  Bronx,  has  not had a guardian appointed for him or her pursuant to any
    16  provision of state law, based on a determination that  as  a  result  of
    17  marked  subnormal intelligence, mental illness, incapacity, condition or
    18  disease, he or she lacks the mental capacity to contract or  manage  his
    19  or her own affairs; and (n) concerning whom no good cause exists for the
    20  denial  of  the  license.  No  person  shall  engage  in the business of
    21  gunsmith or dealer in firearms unless licensed pursuant to this section.
    22  An applicant to engage in such business shall also be a citizen  of  the
    23  United States, more than twenty-one years of age and maintain a place of
    24  business  in  the  city  or county where the license is issued. For such
    25  business, if the applicant is a firm or partnership, each member thereof
    26  shall comply with all of the requirements set forth in this  subdivision
    27  and  if  the  applicant  is a corporation, each officer thereof shall so
    28  comply.
    29    § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
    30  law, subdivision 4 as amended by chapter 242 of the laws of 2019, subdi-
    31  visions  5,  10  and  11  as  amended  by chapter 1 of the laws of 2013,
    32  subparagraph (iii) of paragraph (e) of subdivision 5 as amended by chap-
    33  ter 244 of the laws of 2019, and subdivision 12 as  amended  by  chapter
    34  129 of the laws of 2019, are amended to read as follows:
    35    4.  Investigation.  Before a license is issued or renewed, there shall
    36  be an investigation of all statements required in the application by the
    37  duly constituted police authorities of the locality where such  applica-
    38  tion  is  made[,  including  but  not  limited to such records as may be
    39  accessible to the division of  state  police  or  division  of  criminal
    40  justice  services  pursuant to section 400.02 of this article]. For that
    41  purpose, the records of the appropriate  office  of  the  department  of
    42  mental  hygiene  concerning  previous  or  present mental illness of the
    43  applicant shall be available for inspection by the investigating officer
    44  of the police authority. Where the applicant is domiciled in  a  foreign
    45  state,  the investigation shall include inquiry of the foreign state for
    46  records concerning the previous or present mental illness of the  appli-
    47  cant,  and,  to the extent necessary for inspection by the investigating
    48  officer, the applicant shall execute a waiver of confidentiality of such
    49  record in such form as may be required by the foreign state. In order to
    50  ascertain any previous criminal record, the investigating officer  shall
    51  take  the fingerprints and physical descriptive data in quadruplicate of
    52  each individual by whom the application  is  signed  and  verified.  Two
    53  copies of such fingerprints shall be taken on standard fingerprint cards
    54  eight  inches  square,  and one copy may be taken on a card supplied for
    55  that purpose by the federal bureau of investigation; provided,  however,
    56  that in the case of a corporate applicant that has already been issued a

        S. 3636                            17

     1  dealer  in firearms license and seeks to operate a firearm dealership at
     2  a second or subsequent location, the original fingerprints on  file  may
     3  be  used  to  ascertain  any criminal record in the second or subsequent
     4  application  unless any of the corporate officers have changed since the
     5  prior application, in which case the new corporate officer shall  comply
     6  with  procedures governing an initial application for such license. When
     7  completed, one standard card shall be forwarded to and retained  by  the
     8  division  of  criminal  justice services in the executive department, at
     9  Albany. A search of the files of such division and written  notification
    10  of  the results of the search to the investigating officer shall be made
    11  without unnecessary delay. Thereafter, such division  shall  notify  the
    12  licensing  officer  and  the  executive  department,  division  of state
    13  police, Albany, of any criminal record of the  applicant  filed  therein
    14  subsequent  to  the  search of its files. A second standard card, or the
    15  one supplied by the federal bureau of investigation, as the case may be,
    16  shall be forwarded to that bureau at Washington with a request that  the
    17  files  of  the bureau be searched and notification of the results of the
    18  search be made to the investigating police authority. Of  the  remaining
    19  two fingerprint cards, one shall be filed with the executive department,
    20  division  of state police, Albany, within ten days after issuance of the
    21  license, and the other remain on  file  with  the  investigating  police
    22  authority.  No  such  fingerprints  may be inspected by any person other
    23  than a peace officer, who is acting  pursuant  to  his  or  her  special
    24  duties,  or a police officer, except on order of a judge or justice of a
    25  court of record either upon notice to the licensee or without notice, as
    26  the judge or justice may deem appropriate. Upon completion of the inves-
    27  tigation, the police authority shall report the results to the licensing
    28  officer without unnecessary delay.
    29    5. Filing of  approved  applications.  (a)  The  application  for  any
    30  license,  if  granted,  shall be filed by the licensing officer with the
    31  clerk of the county of issuance, except that in the  city  of  New  York
    32  and,  in the counties of Nassau and Suffolk, the licensing officer shall
    33  designate the place of filing in the  appropriate  division,  bureau  or
    34  unit  of the police department thereof, and in the county of Suffolk the
    35  county clerk is hereby authorized to transfer all  records  or  applica-
    36  tions  relating  to  firearms to the licensing authority of that county.
    37  Except as provided in paragraphs (b) through [(f)] (e) of this  subdivi-
    38  sion,  the name and address of any person to whom an application for any
    39  license has been granted shall be a public record. Upon application by a
    40  licensee who has changed his place of residence such records or applica-
    41  tions shall be transferred to the appropriate officer at the  licensee's
    42  new  place  of  residence. A duplicate copy of such application shall be
    43  filed by the licensing officer in the executive department, division  of
    44  state police, Albany, within ten days after issuance of the license. The
    45  superintendent of state police may designate that such application shall
    46  be  transmitted  to  the division of state police electronically. In the
    47  event the superintendent of the division of state police determines that
    48  it lacks any of the records required to be filed with the  division,  it
    49  may  request  that  such  records  be  provided to it by the appropriate
    50  clerk, department or authority and such clerk, department  or  authority
    51  shall  provide  the division with such records. In the event such clerk,
    52  department or authority lacks such records, the division may request the
    53  license holder provide information sufficient to constitute such  record
    54  and  such  license  holder shall provide the division with such informa-
    55  tion. Such information shall be limited to the  license  holder's  name,
    56  date of birth, gender, race, residential address, social security number

        S. 3636                            18

     1  and  firearms possessed by said license holder. Nothing in this subdivi-
     2  sion shall be construed to change the expiration date or  term  of  such
     3  licenses  if  otherwise  provided  for  in  law.  [Records  assembled or
     4  collected  for purposes of inclusion in the database established by this
     5  section shall be released pursuant to a court order.  Records  assembled
     6  or  collected for purposes of inclusion in the database created pursuant
     7  to section 400.02 of this chapter shall not  be  subject  to  disclosure
     8  pursuant to article six of the public officers law.]
     9    (b)  Each  application for a license pursuant to paragraph (a) of this
    10  subdivision shall include, on a separate written form  prepared  by  the
    11  division  of  state  police  within thirty days of the effective date of
    12  [the] chapter one of the laws of two thousand  thirteen,  which  amended
    13  this  section, and provided to the applicant at the same time and in the
    14  same manner as the application for a license,  an  opportunity  for  the
    15  applicant  to  request an exception from his or her application informa-
    16  tion becoming public record pursuant to paragraph (a) of  this  subdivi-
    17  sion.  Such forms, which shall also be made available to individuals who
    18  had applied for or been granted a license prior to the effective date of
    19  [the] chapter one of the laws of two  thousand  thirteen  which  amended
    20  this  section,  shall  notify  applicants  that,  upon discovery that an
    21  applicant knowingly provided false information, such  applicant  may  be
    22  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    23  further, that his or her request for an  exception  shall  be  null  and
    24  void,  provided  that  written  notice  containing such determination is
    25  provided to the applicant. Further, such forms shall provide each appli-
    26  cant an opportunity to specify the grounds on which he or  she  believes
    27  his  or  her  application  information should not be publicly disclosed.
    28  These grounds, which shall be identified on the application with  a  box
    29  beside  each  for checking, as applicable, by the applicant, shall be as
    30  follows:
    31    (i) the applicant's life or safety may  be  endangered  by  disclosure
    32  because:
    33    (A)  the applicant is an active or retired police officer, peace offi-
    34  cer, probation officer, parole officer, or corrections officer;
    35    (B) the applicant is a protected person under a currently valid  order
    36  of protection;
    37    (C) the applicant is or was a witness in a criminal proceeding involv-
    38  ing a criminal charge;
    39    (D)  the  applicant  is  participating or previously participated as a
    40  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    41  or
    42    (E) the applicant is a spouse, domestic partner or household member of
    43  a  person  identified  in this subparagraph or subparagraph (ii) of this
    44  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    45  apply.
    46    (ii) the applicant has reason to believe his or her life or safety may
    47  be endangered by disclosure due to reasons stated by the applicant.
    48    (iii)  the applicant has reason to believe he or she may be subject to
    49  unwarranted harassment upon disclosure of such information.
    50    (c) [Each form provided for recertification pursuant to paragraph  (b)
    51  of  subdivision ten of this section shall include an opportunity for the
    52  applicant to request an exception from the information provided on  such
    53  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    54  sion. Such forms shall notify applicants that, upon  discovery  that  an
    55  applicant  knowingly  provided  false information, such applicant may be
    56  subject to penalties pursuant to section 175.30  of  this  chapter,  and

        S. 3636                            19

     1  further,  that  his  or  her  request for an exception shall be null and
     2  void, provided that written  notice  containing  such  determination  is
     3  provided to the applicant. Further, such forms shall provide each appli-
     4  cant  an opportunity to either decline to request the grant or continua-
     5  tion of an exception, or specify the grounds on which he or she believes
     6  his or her information should not be publicly disclosed. These  grounds,
     7  which  shall be identified in the application with a box beside each for
     8  checking, as applicable, by the applicant, shall be the same as provided
     9  in paragraph (b) of this subdivision.
    10    (d)] Information submitted on the forms described in paragraph (b)  of
    11  this subdivision shall be excepted from disclosure and maintained by the
    12  entity  retaining  such  information  separate  and apart from all other
    13  records.
    14    [(e)] (d) (i) Upon receiving a request for exception from  disclosure,
    15  the  licensing officer shall grant such exception, unless the request is
    16  determined to be null and void, pursuant to paragraph (b)[  or  (c)]  of
    17  this subdivision.
    18    (ii)  A  request  for an exception from disclosure may be submitted at
    19  any time, including after a license or recertification has been granted.
    20    (iii) If an exception is sought and granted pursuant to paragraph  (b)
    21  of  this  subdivision,  the  application information shall not be public
    22  record, unless the request is determined to be null  and  void.  [If  an
    23  exception is sought and granted pursuant to paragraph (c) of this subdi-
    24  vision,  the  information  concerning  such  recertification application
    25  shall not be public record, unless the request is determined to be  null
    26  and void. Notwithstanding the foregoing provisions of this subparagraph,
    27  local  and  state law enforcement shall, upon request, be granted access
    28  to and copies of such application information provided that such  infor-
    29  mation  obtained  by law enforcement pursuant to this subparagraph shall
    30  not be considered a public record of such law enforcement agency.
    31    (f)] (e) The information of licensees  or  applicants  for  a  license
    32  shall not be disclosed to the public during the first one hundred twenty
    33  days  following  the  effective date of [the] chapter one of the laws of
    34  two thousand thirteen, which amended this section.  After  such  period,
    35  the  information  of those who had applied for or been granted a license
    36  prior to the preparation of the form for requesting an exception, pursu-
    37  ant to paragraph (b) of this subdivision, may be released only  if  such
    38  individuals  did  not  file  a  request for such an exception during the
    39  first sixty days following such preparation; provided, however, that  no
    40  information contained in an application for licensure or recertification
    41  shall  be  disclosed  by an entity that has not completed processing any
    42  such requests received during such sixty days.
    43    [(g)] (f) If a request for an exception is determined to be  null  and
    44  void  pursuant  to paragraph (b) [or (c)] of this subdivision, an appli-
    45  cant may request review of such determination pursuant to article seven-
    46  ty-eight of the civil practice [laws] law  and  rules.  Such  proceeding
    47  must  commence  within  thirty  days after service of the written notice
    48  containing the adverse determination. Notice of the  right  to  commence
    49  such  a petition, and the time period therefor, shall be included in the
    50  notice of the determination. Disclosure following such a petition  shall
    51  not be made prior to the disposition of such review.
    52    10.  License: expiration, certification and renewal. [(a)] Any license
    53  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    54  license  to  carry  or  possess a pistol or revolver, issued at any time
    55  pursuant to this section or prior to the first  day  of  July,  nineteen
    56  hundred  sixty-three  and not limited to expire on an earlier date fixed

        S. 3636                            20

     1  in the license, shall expire not more than three years after the date of
     2  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
     3  license  to  carry  or  possess a pistol or revolver, issued at any time
     4  pursuant  to  this  section  or prior to the first day of July, nineteen
     5  hundred sixty-three and not limited to expire on an earlier  date  fixed
     6  in  the license, shall expire not more than five years after the date of
     7  issuance; however, in the county of Westchester, any such license  shall
     8  be  certified  prior to the first day of April, two thousand, in accord-
     9  ance with a schedule to be contained in regulations promulgated  by  the
    10  commissioner  of  the  division  of criminal justice services, and every
    11  such license shall be  recertified  every  five  years  thereafter.  For
    12  purposes  of  this  section  certification  shall mean that the licensee
    13  shall provide to the licensing officer the following  information  only:
    14  current name, date of birth, current address, and the make, model, cali-
    15  ber  and serial number of all firearms currently possessed. Such certif-
    16  ication information shall be filed by the licensing officer in the  same
    17  manner  as  an amendment. Elsewhere than in the city of New York and the
    18  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
    19  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
    20  section or prior to the first day of July, nineteen hundred  sixty-three
    21  and  not  previously  revoked or cancelled, shall be in force and effect
    22  until revoked as herein provided. Any license not  previously  cancelled
    23  or  revoked shall remain in full force and effect for thirty days beyond
    24  the stated expiration date on such license. Any application to  renew  a
    25  license that has not previously expired, been revoked or cancelled shall
    26  thereby extend the term of the license until disposition of the applica-
    27  tion  by the licensing officer. In the case of a license for gunsmith or
    28  dealer in firearms, in counties having a population  of  less  than  two
    29  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
    30  submitted on original applications and upon renewal thereafter  only  at
    31  six  year  intervals.  Upon  satisfactory  proof  that a currently valid
    32  original license has been despoiled, lost or otherwise removed from  the
    33  possession of the licensee and upon application containing an additional
    34  photograph  of  the licensee, the licensing officer shall issue a dupli-
    35  cate license.
    36    [(b) All licensees shall be  recertified  to  the  division  of  state
    37  police every five years thereafter. Any license issued before the effec-
    38  tive  date  of  the  chapter  of the laws of two thousand thirteen which
    39  added this paragraph shall be recertified by the licensee on  or  before
    40  January  thirty-first, two thousand eighteen, and not less than one year
    41  prior to such date, the state police shall send a notice to all  license
    42  holders  who  have  not  recertified  by such time. Such recertification
    43  shall be in a form as approved by the superintendent  of  state  police,
    44  which  shall  request  the license holder's name, date of birth, gender,
    45  race, residential address, social security number, firearms possessed by
    46  such license holder, email address at the option of the  license  holder
    47  and  an  affirmation  that  such  license  holder is not prohibited from
    48  possessing firearms. The form may be in an electronic form if so  desig-
    49  nated  by the superintendent of state police. Failure to recertify shall
    50  act as a revocation of such  license.  If  the  New  York  state  police
    51  discover  as  a  result  of  the recertification process that a licensee
    52  failed to provide a change of address, the New York state  police  shall
    53  not require the licensing officer to revoke such license.]
    54    11. License: revocation and suspension. (a) The conviction of a licen-
    55  see  anywhere  of a felony or serious offense [or a licensee at any time
    56  becoming ineligible to obtain a license under this section] shall  oper-

        S. 3636                            21

     1  ate  as  a  revocation  of  the  license.  A  license  may be revoked or
     2  suspended as provided for in section 530.14 of  the  criminal  procedure
     3  law or section eight hundred forty-two-a of the family court act. Except
     4  for  a  license  issued  pursuant  to  section 400.01 of this article, a
     5  license may be revoked and cancelled at any time  in  the  city  of  New
     6  York,  and in the counties of Nassau and Suffolk, by the licensing offi-
     7  cer, and elsewhere than in the city of New York by any judge or  justice
     8  of  a  court  of  record; a license issued pursuant to section 400.01 of
     9  this article may be revoked and cancelled at any time by  the  licensing
    10  officer  or  any  judge  or  justice  of a court of record. The official
    11  revoking a license shall give written notice thereof without unnecessary
    12  delay to the executive department, division of state police, Albany, and
    13  shall also notify immediately the duly constituted police authorities of
    14  the locality.
    15    (b) Whenever the director of community services  in  the  counties  of
    16  Kings,  Queens,  Richmond,  New  York  and Bronx, or his or her designee
    17  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
    18  division  of  criminal  justice  services shall convey such information,
    19  whenever it determines that the person named in the report  possesses  a
    20  license  issued  pursuant  to this section, to the appropriate licensing
    21  official, who shall issue an order suspending or revoking such license.
    22    (c) In any instance in  which  a  person's  license  is  suspended  or
    23  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
    24  shall surrender such license to the appropriate licensing  official  and
    25  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
    26  person shall be surrendered to an appropriate law enforcement agency  as
    27  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
    28  section 265.20 of this chapter. In  the  event  such  license,  firearm,
    29  shotgun,  or  rifle  is not surrendered, such items shall be removed and
    30  declared a nuisance and any  police  officer  or  peace  officer  acting
    31  pursuant  to  his  or her special duties is authorized to remove any and
    32  all such weapons.
    33    12. Records required of gunsmiths and dealers in firearms. Any  person
    34  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
    35  approved as to form, except in the city of New York, by the  superinten-
    36  dent of state police. In the record book shall be entered at the time of
    37  every  transaction  involving  a firearm the date, name, age, occupation
    38  and residence of any person from whom a firearm is received or to whom a
    39  firearm is delivered, and the calibre, make, model, manufacturer's  name
    40  and  serial number, or if none, any other distinguishing number or iden-
    41  tification mark on such firearm. Before  delivering  a  firearm  to  any
    42  person, the licensee shall require him to produce either a license valid
    43  under  this  section  to  carry  or possess the same, or proof of lawful
    44  authority as an exempt person pursuant to section 265.20 of this chapter
    45  and either (a) the National Instant  Criminal  Background  Check  System
    46  (NICS) or its successor has issued a "proceed" response to the licensee,
    47  or  (b)  thirty  calendar  days have elapsed since the date the licensee
    48  contacted NICS to initiate a national instant criminal background  check
    49  and  NICS has not notified the licensee that the transfer of the firearm
    50  to such person should  be  denied.  In  addition,  before  delivering  a
    51  firearm  to  a  peace  officer,  the licensee shall verify that person's
    52  status as a peace officer with  the  division  of  state  police.  After
    53  completing  the  foregoing,  the  licensee  shall  remove and retain the
    54  attached coupon and enter in the record book the date of  such  license,
    55  number,  if  any,  and name of the licensing officer, in the case of the
    56  holder of a license to carry or possess, or the shield or other  number,

        S. 3636                            22

     1  if  any,  assignment  and  department, unit or agency, in the case of an
     2  exempt person. The original transaction report shall be forwarded to the
     3  division of state police within ten days of delivering a firearm to  any
     4  person,  and  a duplicate copy shall be kept by the licensee. The super-
     5  intendent of state police  may  designate  that  such  record  shall  be
     6  completed  and transmitted in electronic form. A dealer may be granted a
     7  waiver from transmitting such records in electronic form if  the  super-
     8  intendent  determines that such dealer is incapable of such transmission
     9  due to technological limitations that  are  not  reasonably  within  the
    10  control  of  the dealer, or other exceptional circumstances demonstrated
    11  by the dealer, pursuant to a process established in regulation,  and  at
    12  the  discretion  of the superintendent.  [Records assembled or collected
    13  for purposes of inclusion in the database created  pursuant  to  section
    14  400.02  of  this  article shall not be subject to disclosure pursuant to
    15  article six of the public officers law.] The record book shall be  main-
    16  tained  on the premises mentioned and described in the license and shall
    17  be open at all reasonable hours for inspection  by  any  peace  officer,
    18  acting  pursuant  to his special duties, or police officer. In the event
    19  of cancellation or revocation of the license for gunsmith or  dealer  in
    20  firearms,  or discontinuance of business by a licensee, such record book
    21  shall be immediately surrendered to the licensing officer in the city of
    22  New York, and in the counties of Nassau and Suffolk,  and  elsewhere  in
    23  the state to the executive department, division of state police.
    24    § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
    25  chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
    26  the laws of 2013, is amended to read as follows:
    27    16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
    28  or  (f)]  subparagraph (v) or (vi) of paragraph (b) of subdivision twen-
    29  ty-two of section 265.00 of this chapter, who resides in the  county  of
    30  Kings, Queens, Richmond, New York or Bronx, possessed before the date of
    31  the  effective  date  of  [the]  chapter one of the laws of two thousand
    32  thirteen which added this paragraph, must make an application to  regis-
    33  ter  such  weapon with the superintendent of state police, in the manner
    34  provided by the superintendent, or by amending a license issued pursuant
    35  to this section within one year of the effective date of  this  subdivi-
    36  sion  except  any weapon defined under [subparagraph (vi)] clause (F) of
    37  subparagraph (vii) of paragraph [(g)] (b) of subdivision  twenty-two  of
    38  section  265.00 of this chapter transferred into the state may be regis-
    39  tered at any time, provided such weapons are  registered  within  thirty
    40  days  of  their  transfer into the state. Registration information shall
    41  include the registrant's name, date of birth, gender, race,  residential
    42  address,  social  security number and a description of each weapon being
    43  registered. A registration in the county of Kings, Queens, Richmond, New
    44  York or Bronx, of any weapon defined under  [subparagraph  (vi)]  clause
    45  (F)  of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-
    46  two of section 265.00 or a feeding device as defined  under  subdivision
    47  twenty-three  of  section  265.00 of this chapter shall be transferable,
    48  provided that the seller notifies the division of  state  police  within
    49  seventy-two hours of the transfer and the buyer provides the division of
    50  state  police  with  information sufficient to constitute a registration
    51  under this section. Such registration shall not be valid if such  regis-
    52  trant  is  prohibited  or  becomes  prohibited from possessing a firearm
    53  pursuant to state or federal law.  The  superintendent  shall  determine
    54  whether  such  registrant  is prohibited from possessing a firearm under
    55  state or federal law. Such check shall be limited to determining whether
    56  the factors in 18 USC 922 (g) apply or whether  a  registrant  has  been

        S. 3636                            23

     1  convicted  of  a  serious offense as defined in subdivision sixteen-b of
     2  section 265.00 of this chapter, so as to prohibit such  registrant  from
     3  possessing  a  firearm, and whether a report has been issued pursuant to
     4  section  9.46  of  the mental hygiene law.  [All] Such registrants shall
     5  recertify to the division of state police every five  years  thereafter.
     6  Failure to recertify shall result in a revocation of such registration.
     7    (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
     8  this subdivision, an owner, who resides in the county of Kings,  Queens,
     9  Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
    10  sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
    11  retired New York or federal law enforcement officer as defined in subdi-
    12  vision twenty-five of section 265.00 of this chapter, where such  weapon
    13  was  issued  to  or purchased by such officer prior to retirement and in
    14  the course of his or her official duties, and for which such officer was
    15  qualified by the agency that employed such officer within twelve  months
    16  prior  to  his or her retirement, must register such weapon within sixty
    17  days of retirement.
    18    (b) The superintendent of state police shall create  and  maintain  an
    19  internet  website  to  educate  the  public, who reside in the county of
    20  Kings, Queens, Richmond, New York or Bronx, as  to  which  semiautomatic
    21  rifle,  semiautomatic shotgun or semiautomatic pistol or weapon that are
    22  illegal as a result of the enactment of [the] chapter one of the laws of
    23  two thousand thirteen which  added  this  paragraph,  as  well  as  such
    24  assault  weapons  which  are  illegal  pursuant  to  article two hundred
    25  sixty-five of this chapter. Such website shall  contain  information  to
    26  assist [the] such public in recognizing the relevant features proscribed
    27  by  such article two hundred sixty-five, as well as which make and model
    28  of weapons that require registration.
    29    (c) A person, who resides in the county of  Kings,  Queens,  Richmond,
    30  New York or Bronx, who knowingly fails to apply to register such weapon,
    31  as  required  by  this section, within one year of the effective date of
    32  [the] chapter one of the laws of two thousand thirteen which added  this
    33  paragraph  shall  be guilty of a class A misdemeanor and such person who
    34  unknowingly fails to validly register such weapon within such  one  year
    35  period  shall  be  given  a  warning  by  an appropriate law enforcement
    36  authority about such failure and given thirty days in which to apply  to
    37  register such weapon or to surrender it. A failure to apply or surrender
    38  such  weapon  within  such thirty-day period shall result in such weapon
    39  being removed by an appropriate law enforcement authority and declared a
    40  nuisance.
    41    § 31. Section 400.02 of the penal law is REPEALED.
    42    § 32. Section 400.03 of the penal law, as added by chapter  1  of  the
    43  laws of 2013, is amended to read as follows:
    44  § 400.03 Sellers of ammunition.
    45    1.  A  seller  of  ammunition as defined in subdivision twenty-four of
    46  section 265.00 of this chapter doing business in the  county  of  Kings,
    47  Queens, Richmond, New York or Bronx, shall register with the superinten-
    48  dent  of  state  police  in a manner provided by the superintendent. Any
    49  dealer in firearms that is validly licensed pursuant to  section  400.00
    50  of this article shall not be required to complete such registration.
    51    2.  Any  seller  of ammunition or dealer in firearms doing business in
    52  the county of Kings, Queens, Richmond, New York or Bronx, shall  keep  a
    53  record  book  approved as to form by the superintendent of state police.
    54  In the record book shall be entered at the  time  of  every  transaction
    55  involving  ammunition  the  date, name, age, occupation and residence of
    56  any person from whom ammunition is received or  to  whom  ammunition  is

        S. 3636                            24

     1  delivered,  and  the  amount,  calibre,  manufacturer's  name and serial
     2  number, or if none, any other distinguishing  number  or  identification
     3  mark  on  such  ammunition.  The  record book shall be maintained on the
     4  premises mentioned and described in the license and shall be open at all
     5  reasonable hours for inspection by any peace officer, acting pursuant to
     6  his or her special duties, or police officer. Any record produced pursu-
     7  ant to this section and any transmission thereof to any government agen-
     8  cy  shall  not be considered a public record for purposes of article six
     9  of the public officers law.
    10    3. [No later than thirty days after the superintendent  of  the  state
    11  police  certifies  that the statewide license and record database estab-
    12  lished pursuant to section 400.02 of this article is operational for the
    13  purposes of this section, a] A dealer in firearms licensed  pursuant  to
    14  section  400.00  of  this  article, a seller of ammunition as defined in
    15  subdivision twenty-four of section 265.00 of this chapter doing business
    16  in the county of Kings, Queens, Richmond, New York or Bronx,  shall  not
    17  transfer  any  ammunition  to  any  other  person who is not a dealer in
    18  firearms as defined in subdivision nine of  such  section  265.00  or  a
    19  seller  of  ammunition  as defined in subdivision twenty-four of section
    20  265.00 of this chapter, unless:
    21    (a) before the completion of the  transfer,  the  licensee  or  seller
    22  contacts  the  [statewide license and record database] superintendent of
    23  state police and provides the [database] superintendent with information
    24  sufficient to identify such dealer or seller, transferee based on infor-
    25  mation on the transferee's identification document as defined  in  para-
    26  graph  (c) of this subdivision, as well as the amount, calibre, manufac-
    27  turer's name and serial number, if any, of such ammunition;
    28    (b) the [system] superintendent provides the licensee or seller with a
    29  unique identification number; and
    30    (c) the transferor has verified the  identity  of  the  transferee  by
    31  examining a valid state identification document of the transferee issued
    32  by  the department of motor vehicles or if the transferee is not a resi-
    33  dent of the state of New York, a valid identification document issued by
    34  the transferee's state or country of residence containing  a  photograph
    35  of the transferee.
    36    4.  If  the  [database] superintendent of state police determines that
    37  the purchaser of ammunition is eligible to possess  ammunition  pursuant
    38  to state and federal laws, [the system] he or she shall:
    39    (a) assign a unique identification number to the transfer; and
    40    (b) provide the licensee or seller with the number.
    41    5.  If  the  [statewide license and record database] superintendent of
    42  state police notifies the licensee or seller that the information avail-
    43  able [to the database] does not demonstrate that the receipt of  ammuni-
    44  tion  by  such other person would violate 18 U.S.C. 922(g) or state law,
    45  and the licensee transfers ammunition to such other person, the licensee
    46  shall indicate to the [database] superintendent  that  such  transaction
    47  has  been completed at which point a record of such transaction shall be
    48  created which shall be accessible by the division of  state  police  and
    49  maintained  for  no  longer than one year from point of purchase[, which
    50  shall not be incorporated into  the  database  established  pursuant  to
    51  section  400.02  of this article or the registry established pursuant to
    52  subdivision sixteen-a of section 400.00 of this article].  The  division
    53  of  state police may share such information with a local law enforcement
    54  agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
    55  establish  probable  cause to believe that the purchaser has committed a
    56  crime absent other information tending to  prove  the  commission  of  a

        S. 3636                            25

     1  crime.  Records assembled or accessed pursuant to this section shall not
     2  be subject to disclosure pursuant to article six of the public  officers
     3  law.  This  requirement  of  this section shall not apply (i) if a back-
     4  ground  check  cannot be completed because the system is not operational
     5  as determined by the superintendent of state police, or where it  cannot
     6  be  accessed  by  the  practitioner  due to a temporary technological or
     7  electrical failure, as set forth in regulation,  or  (ii)  a  dealer  or
     8  seller  has  been granted a waiver from conducting such background check
     9  if the superintendent of state police determines  that  such  dealer  is
    10  incapable  of  such  check due to technological limitations that are not
    11  reasonably within the  control  of  the  dealer,  or  other  exceptional
    12  circumstances  demonstrated  by the dealer, pursuant to a process estab-
    13  lished in regulation, and at the discretion of such superintendent.
    14    6. If the superintendent of state  police  certifies  that  background
    15  checks  of  ammunition  purchasers in the county of Kings, Queens, Rich-
    16  mond, New York or Bronx may be conducted through  the  national  instant
    17  criminal  background  check  system,  use  of that system by a dealer or
    18  seller shall be sufficient to satisfy subdivisions four and five of this
    19  section and such checks shall be conducted through such system, provided
    20  that a record of such transaction shall be forwarded to the state police
    21  in a form determined by the superintendent.
    22    7. No commercial transfer of ammunition shall take place in the county
    23  of Kings, Queens, Richmond, New York or Bronx unless a  licensed  dealer
    24  in  firearms  or registered seller of ammunition acts as an intermediary
    25  between the transferor and the ultimate transferee of the ammunition for
    26  the purposes of contacting the statewide  license  and  record  database
    27  pursuant  to  this  section. Such transfer between the dealer or seller,
    28  and transferee must occur in person.
    29    8. A seller of ammunition who  fails  to  register  pursuant  to  this
    30  section  and sells ammunition, for a first offense, shall be guilty of a
    31  violation and subject to the fine of one  thousand  dollars  and  for  a
    32  second offense, shall be guilty of a class A misdemeanor.
    33    A seller of ammunition that fails to keep any record required pursuant
    34  to  this section, for a first offense shall be guilty of a violation and
    35  subject to a fine of five hundred dollars,  and  for  a  second  offense
    36  shall  be  guilty of a class B misdemeanor, and the registration of such
    37  seller shall be revoked.
    38    § 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
    39  400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
    40  are amended to read as follows:
    41    (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
    42  firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
    43  on;  (ii)  in  the county of Kings, Queens, Richmond, New York or Bronx,
    44  ammunition as well as a firearm, rifle or shotgun who suffers  the  loss
    45  or  theft  of such ammunition as well as a firearm, rifle or shotgun; or
    46  (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
    47  nition and is a dealer in firearms or seller of ammunition  who  suffers
    48  the  loss  or theft of such ammunition shall within twenty-four hours of
    49  the discovery of the loss or theft report the facts and circumstances of
    50  the loss or theft to a police department or sheriff's office.
    51    3. Notwithstanding any other provision of law, a  violation  of  para-
    52  graph  (a) of subdivision one of this section shall be [a class A misde-
    53  meanor] punishable only by a fine not to exceed one hundred dollars.
    54    § 34. Section 2509 of the surrogate's court procedure act, as added by
    55  chapter 1 of the laws of 2013, is amended to read as follows:
    56  § 2509. Firearms inventory

        S. 3636                            26

     1    Whenever, by regulation, rule or statute, a fiduciary or  attorney  of
     2  record  in the county of Kings, Queens, Richmond, New York or Bronx must
     3  file a list of assets constituting a decedent's estate, such  list  must
     4  include  a  particularized  description  of  every  firearm, shotgun and
     5  rifle,  as  such  terms  are defined in section 265.00 of the penal law,
     6  that are part of such estate. Such list must be filed  with  the  surro-
     7  gate's  court  in  the county in which the estate proceeding, if any, is
     8  pending and a copy must be filed with the division of  criminal  justice
     9  services.
    10    § 35. This act shall take effect immediately.