STATE OF NEW YORK
        ________________________________________________________________________

                                          5338

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 2, 2021
                                       ___________

        Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN  ACT  to amend the penal law, in relation to authorizing the transfer
          of certain weapons from an  estate  to  an  immediate  member  of  the
          decedent's  family;  to amend the penal law, in relation to the filing
          of approved applications for licenses to carry,  possess,  repair  and
          dispose  of  firearms; to amend the mental hygiene law, in relation to
          reports of substantial risk or threat of harm by mental health profes-
          sionals; to amend the penal law, in relation  to  licenses  to  carry,
          possess,  repair and dispose of firearms; and to repeal section 400.03
          of the penal law relating to sellers of ammunition

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

     1    Section 1.  Section 400.03 of the penal law is REPEALED.
     2    §  2.  Paragraph  (g) of subdivision 22 of section 265.00 of the penal
     3  law is amended by adding a new subparagraph (vii) to read as follows:
     4    (vii) any weapon legally possessed and validly registered pursuant  to
     5  subdivision  sixteen-a  of  section 400.00 of this chapter prior to such
     6  person's death and bequeathed or passed through intestacy to an  immedi-
     7  ate  family member of the deceased. Such weapons shall be subject to the
     8  provisions of paragraph (h) of this subdivision. For  purposes  of  this
     9  subparagraph,  the  meaning  of immediate family member is as defined by
    10  subdivision one of section eight hundred  ninety-eight  of  the  general
    11  business law;
    12    §  3.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
    13  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
    14  follows:
    15    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
    16  and  any  large  capacity  ammunition  feeding  device  that was legally
    17  possessed by an individual prior to the enactment of [the]  chapter  one
    18  of  the  laws of two thousand thirteen [which added this paragraph], may

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10086-01-1

        S. 5338                             2

     1  only be sold to, exchanged with or disposed of to a purchaser authorized
     2  to possess such weapons or to an individual or  entity  outside  of  the
     3  state provided that any such transfer to an individual or entity outside
     4  of the state must be reported to the entity wherein the weapon is regis-
     5  tered  within  seventy-two  hours  of  such  transfer. An individual who
     6  transfers any such weapon or large  capacity  ammunition  device  to  an
     7  individual   inside  New  York  state  or  without  complying  with  the
     8  provisions of this paragraph shall be guilty of a  class  A  misdemeanor
     9  unless  such large capacity ammunition feeding device, the possession of
    10  which is made illegal by [the] chapter one of the laws of  two  thousand
    11  thirteen [which added this paragraph], is transferred within one year of
    12  the  effective  date  of  [the]  chapter one of the laws of two thousand
    13  thirteen [which added this paragraph].
    14    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
    15  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
    16  that was legally possessed and validly registered by an individual prior
    17  to his or her death may be transferred by the estate of such  individual
    18  to  one  of  his  or  her immediate family members. For purposes of this
    19  subparagraph, the meaning of immediate family member is  as  defined  by
    20  subdivision  one  of  section  eight hundred ninety-eight of the general
    21  business law.
    22    § 4. Subdivision 5 of section 400.00 of the penal law, as  amended  by
    23  chapter  1  of  the laws of 2013, subparagraph (iii) of paragraph (e) as
    24  amended by chapter 244 of the laws  of  2019,  is  amended  to  read  as
    25  follows:
    26    5.  Filing  of  approved  applications.  [(a)] The application for any
    27  license, if granted, shall be filed by the licensing  officer  with  the
    28  clerk  of  the  county  of issuance, except that in the city of New York
    29  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    30  designate  the  place  of  filing in the appropriate division, bureau or
    31  unit of the police department thereof, and in the county of Suffolk  the
    32  county  clerk  is  hereby authorized to transfer all records or applica-
    33  tions relating to firearms to the licensing authority  of  that  county.
    34  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    35  the name and  address]  The  application  and  any  supporting  records,
    36  including  any  information  contained therein, of any person to whom an
    37  application for any license has been  granted  shall  not  be  a  public
    38  record and shall not be subject to disclosure pursuant to article six of
    39  the  public officers law. Upon application by a licensee who has changed
    40  his or her place of residence such  records  or  applications  shall  be
    41  transferred  to  the  appropriate officer at the licensee's new place of
    42  residence. A duplicate copy of such application shall be  filed  by  the
    43  licensing  officer  in  the  executive  department,  division  of [state
    44  police] criminal justice services, Albany, within ten days  after  issu-
    45  ance of the license. The [superintendent] commissioner of [state police]
    46  criminal  justice  services may designate that such application shall be
    47  transmitted to the division of [state police] criminal justice  services
    48  electronically.  In  the  event the [superintendent] commissioner of the
    49  division of [state police] criminal justice services determines that  it
    50  lacks  any of the records required to be filed with the division, it may
    51  request that such records be provided to it by  the  appropriate  clerk,
    52  department  or  authority  and such clerk, department or authority shall
    53  provide the division with such records. In the event such clerk, depart-
    54  ment or authority lacks such  records,  the  division  may  request  the
    55  license  holder provide information sufficient to constitute such record
    56  and such license holder shall provide the division  with  such  informa-

        S. 5338                             3

     1  tion.  Such  information  shall be limited to the license holder's name,
     2  date of birth, gender, race, residential address, social security number
     3  and firearms possessed by said license holder. Nothing in this  subdivi-
     4  sion  shall  be  construed to change the expiration date or term of such
     5  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
     6  collected  for purposes of inclusion in the database established by this
     7  section shall be released pursuant to a court order.  Records  assembled
     8  or  collected for purposes of inclusion in the database created pursuant
     9  to section 400.02 of this [chapter] article  shall  not  be  subject  to
    10  disclosure  pursuant  to  article  six of the public officers law except
    11  that the total number of persons registered in any county of  the  state
    12  may  be  disclosed  without  any  other  identifying information about a
    13  registrant.
    14    [(b) Each application for a license pursuant to paragraph (a) of  this
    15  subdivision  shall  include,  on a separate written form prepared by the
    16  division of state police within thirty days of the effective date of the
    17  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    18  section,  and provided to the applicant at the same time and in the same
    19  manner as the application for a license, an opportunity for  the  appli-
    20  cant  to  request  an  exception from his or her application information
    21  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    22  Such  forms,  which  shall also be made available to individuals who had
    23  applied for or been granted a license prior to the effective date of the
    24  chapter of the laws of two thousand thirteen which amended this section,
    25  shall notify applicants that, upon discovery that an applicant knowingly
    26  provided false information, such applicant may be subject  to  penalties
    27  pursuant to section 175.30 of this chapter, and further, that his or her
    28  request  for  an exception shall be null and void, provided that written
    29  notice containing such  determination  is  provided  to  the  applicant.
    30  Further, such forms shall provide each applicant an opportunity to spec-
    31  ify  the  grounds  on  which  he  or she believes his or her application
    32  information should not be publicly disclosed. These grounds, which shall
    33  be identified on the application with a box beside each for checking, as
    34  applicable, by the applicant, shall be as follows:
    35    (i) the applicant's life or safety may  be  endangered  by  disclosure
    36  because:
    37    (A)  the applicant is an active or retired police officer, peace offi-
    38  cer, probation officer, parole officer, or corrections officer;
    39    (B) the applicant is a protected person under a currently valid  order
    40  of protection;
    41    (C) the applicant is or was a witness in a criminal proceeding involv-
    42  ing a criminal charge;
    43    (D)  the  applicant  is  participating or previously participated as a
    44  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    45  or
    46    (E) the applicant is a spouse, domestic partner or household member of
    47  a  person  identified  in this subparagraph or subparagraph (ii) of this
    48  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    49  apply.
    50    (ii) the applicant has reason to believe his or her life or safety may
    51  be endangered by disclosure due to reasons stated by the applicant.
    52    (iii)  the applicant has reason to believe he or she may be subject to
    53  unwarranted harassment upon disclosure of such information.
    54    (c) Each form provided for recertification pursuant to  paragraph  (b)
    55  of  subdivision ten of this section shall include an opportunity for the
    56  applicant to request an exception from the information provided on  such

        S. 5338                             4

     1  form  becoming  public record pursuant to paragraph (a) of this subdivi-
     2  sion. Such forms shall notify applicants that, upon  discovery  that  an
     3  applicant  knowingly  provided  false information, such applicant may be
     4  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
     5  further, that his or her request for an  exception  shall  be  null  and
     6  void,  provided  that  written  notice  containing such determination is
     7  provided to the applicant. Further, such forms shall provide each appli-
     8  cant an opportunity to either decline to request the grant or  continua-
     9  tion of an exception, or specify the grounds on which he or she believes
    10  his  or her information should not be publicly disclosed. These grounds,
    11  which shall be identified in the application with a box beside each  for
    12  checking, as applicable, by the applicant, shall be the same as provided
    13  in paragraph (b) of this subdivision.
    14    (d)  Information  submitted on the forms described in paragraph (b) of
    15  this subdivision shall be excepted from disclosure and maintained by the
    16  entity retaining such information separate  and  apart  from  all  other
    17  records.
    18    (e)  (i)  Upon  receiving a request for exception from disclosure, the
    19  licensing officer shall grant such  exception,  unless  the  request  is
    20  determined to be null and void, pursuant to paragraph (b) or (c) of this
    21  subdivision.
    22    (ii)  A  request  for an exception from disclosure may be submitted at
    23  any time, including after a license or recertification has been granted.
    24    (iii) If an exception is sought and granted pursuant to paragraph  (b)
    25  of  this  subdivision,  the  application information shall not be public
    26  record, unless the request is determined to be  null  and  void.  If  an
    27  exception is sought and granted pursuant to paragraph (c) of this subdi-
    28  vision,  the  information  concerning  such  recertification application
    29  shall not be public record, unless the request is determined to be  null
    30  and void. Notwithstanding the foregoing provisions of this subparagraph,
    31  local  and  state law enforcement shall, upon request, be granted access
    32  to and copies of such application information provided that such  infor-
    33  mation  obtained  by law enforcement pursuant to this subparagraph shall
    34  not be considered a public record of such law enforcement agency.
    35    (f) The information of licensees or applicants for a license shall not
    36  be disclosed to the public during the  first  one  hundred  twenty  days
    37  following  the effective date of the chapter of the laws of two thousand
    38  thirteen, which amended this section. After such period, the information
    39  of those who had applied for or been granted  a  license  prior  to  the
    40  preparation  of  the form for requesting an exception, pursuant to para-
    41  graph (b) of this subdivision, may be released only if such  individuals
    42  did not file a request for such an exception during the first sixty days
    43  following  such  preparation;  provided,  however,  that  no information
    44  contained in an application for licensure or  recertification  shall  be
    45  disclosed  by  an  entity  that  has  not  completed processing any such
    46  requests received during such sixty days.
    47    (g) If a request for an exception is determined to be  null  and  void
    48  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    49  request review of such determination pursuant to  article  seventy-eight
    50  of  the  civil  practice  laws  and rules. Such proceeding must commence
    51  within thirty days after service of the written  notice  containing  the
    52  adverse  determination. Notice of the right to commence such a petition,
    53  and the time period therefor, shall be included in  the  notice  of  the
    54  determination.  Disclosure  following  such a petition shall not be made
    55  prior to the disposition of such review.]

        S. 5338                             5

     1    § 5. Section 9.46 of the mental hygiene law, as added by chapter 1  of
     2  the laws of 2013, is amended to read as follows:
     3  § 9.46 Reports  of  substantial  risk or threat of harm by mental health
     4           professionals.
     5    (a) For purposes of this section,  the  term  "mental  health  profes-
     6  sional"  shall  include  a  physician, psychologist, registered nurse or
     7  licensed clinical social worker.
     8    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
     9  health  professional  currently providing treatment services to a person
    10  determines, in the exercise of reasonable  professional  judgment,  that
    11  such  person is likely to engage in conduct that would result in serious
    12  harm to self or others, he or she shall be required to report,  as  soon
    13  as practicable, to the director of community services, or the director's
    14  designee[, who shall report to the division of criminal justice services
    15  whenever  he  or  she agrees that the person is likely to engage in such
    16  conduct]. Any report made by a mental health professional to the  direc-
    17  tor  of  community  services,  or  the director's designee shall include
    18  current contact information for such person including, but  not  limited
    19  to,  the  person's:  (1) name, (2) mailing address, (3) phone number and
    20  (4) email address. The director of community services or the  director's
    21  designee  shall report to the division of criminal justice services upon
    22  a finding that the person is likely to  engage  in  conduct  that  would
    23  result in serious harm to self or others. Information transmitted to the
    24  division  of  criminal  justice  services  shall be limited to names and
    25  other non-clinical identifying information, which may only be  used  for
    26  determining  whether  a license issued pursuant to section 400.00 of the
    27  penal law should be suspended or revoked, or for determining  whether  a
    28  person  is ineligible for a license issued pursuant to section 400.00 of
    29  the penal law, or is no longer permitted under state or federal  law  to
    30  possess a firearm.
    31    (c)  The  director  of  community  services or the director's designee
    32  shall inform such person via written notice when a report regarding  the
    33  substantial  risk  or  threat of harm posed by the person is sent to the
    34  division of criminal justice services. Such notice  shall  include,  but
    35  not be limited to:
    36    (1) the person's name;
    37    (2)  notice  that  a  report has been sent to the division of criminal
    38  justice services stating that the named person has been deemed likely to
    39  engage in conduct that would result in serious harm to self or others;
    40    (3) the date the report was sent to the division of  criminal  justice
    41  services;
    42    (4) the person's right to submit a petition for relief from disability
    43  to  the national instant criminal background check system (NICS) appeals
    44  office of the office of mental health or  NICS  appeals  office  of  the
    45  office  for  people  with  developmental  disabilities,  as set forth in
    46  subdivision (j) of section 7.09 of this title  and  subdivision  (g)  of
    47  section  13.09 of this chapter and sections five hundred forty-three and
    48  six hundred forty-three of article fourteen of  the  New  York  code  of
    49  rules and regulations;
    50    (5)  contact  information for the NICS appeals office of the office of
    51  mental hygiene or the NICS appeals office of the office for people  with
    52  developmental disabilities; and
    53    (6)  any  applicable  deadline for submission of a petition for relief
    54  from disability.
    55    (d) Nothing in this section shall be construed  to  require  a  mental
    56  health professional to take any action which, in the exercise of reason-

        S. 5338                             6

     1  able  professional  judgment,  would endanger such mental health profes-
     2  sional or increase the danger to a potential victim or victims.
     3    [(d)]  (e) The decision of a mental health professional to disclose or
     4  not to disclose in accordance with this section,  when  made  reasonably
     5  and  in  good  faith,  shall  not be the basis for any civil or criminal
     6  liability of such mental health professional.
     7    § 6. Paragraph 2 of subdivision (j) of  section  7.09  of  the  mental
     8  hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
     9  read as follows:
    10    (2) The commissioner shall  establish  within  the  office  of  mental
    11  health  an administrative process to permit a person who has been or may
    12  be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
    13  922(4)(d) or who has been or may be disqualified from continuing to have
    14  a  license  to  carry,  possess,  repair,  or dispose of a firearm under
    15  section 400.00 of the penal law because such  person  was  involuntarily
    16  committed  or  civilly  confined to a facility under the jurisdiction of
    17  the commissioner, or who has been the subject of a report  submitted  by
    18  the  director  of  community  services or the director's designee to the
    19  division of criminal justice services stating that the named person  has
    20  been  deemed  likely  to  engage in conduct that would result in serious
    21  harm to self or others pursuant to section 9.46 of this title, to  peti-
    22  tion  for  relief  from  that  disability where such person's record and
    23  reputation are such that such person will not be  likely  to  act  in  a
    24  manner  dangerous  to public safety and where the granting of the relief
    25  would not be contrary to public safety. The commissioner  shall  promul-
    26  gate  regulations  to  establish  the  relief from disabilities program,
    27  which shall include, but not be limited to,  provisions  providing  for:
    28  (i)  an  opportunity for a disqualified person to petition for relief in
    29  writing; (ii) the authority for the agency to require that the petition-
    30  er undergo a clinical  evaluation  and  risk  assessment;  and  (iii)  a
    31  requirement  that  the agency issue a decision in writing explaining the
    32  reasons for a denial or grant of relief. The denial of  a  petition  for
    33  relief  from  disabilities  may  be  reviewed  de  novo  pursuant to the
    34  proceedings under article seventy-eight of the civil  practice  law  and
    35  rules.
    36    §  7.  Paragraph  2  of subdivision (g) of section 13.09 of the mental
    37  hygiene law, as amended by chapter 1 of the laws of 2013, is amended  to
    38  read as follows:
    39    (2) The commissioner shall establish within the office for people with
    40  developmental  disabilities an administrative process to permit a person
    41  who has been or may be  disqualified  from  possessing  such  a  firearm
    42  pursuant  to  18  USC  922(4)(d), or who has been or may be disqualified
    43  from continuing to have a license to carry, possess, repair, or  dispose
    44  of  a  firearm under section 400.00 of the penal law because such person
    45  was involuntarily committed or civilly confined to a facility under  the
    46  jurisdiction  of  the  commissioner,  or  who  has been the subject of a
    47  report submitted by the director of community services or the director's
    48  designee to the division of criminal justice services stating  that  the
    49  named  person  has  been  deemed  likely to engage in conduct that would
    50  result in serious harm to self or others pursuant  to  section  9.46  of
    51  this  chapter,  to  petition  for relief from that disability where such
    52  person's record and reputation are such that such  person  will  not  be
    53  likely  to  act  in  a  manner  dangerous to public safety and where the
    54  granting of the relief would not  be  contrary  to  public  safety.  The
    55  commissioner  shall  promulgate regulations to establish the relief from
    56  disabilities program, which  shall  include,  but  not  be  limited  to,

        S. 5338                             7

     1  provisions  providing  for: (i) an opportunity for a disqualified person
     2  to petition for relief in writing; (ii) the authority for the agency  to
     3  require  that  the  petitioner  undergo  a  clinical evaluation and risk
     4  assessment;  and (iii) a requirement that the agency issue a decision in
     5  writing explaining the reasons for a denial  or  grant  of  relief.  The
     6  denial  of  a  petition  for relief from disabilities may be reviewed de
     7  novo pursuant to the proceedings  under  article  seventy-eight  of  the
     8  civil practice law and rules.
     9    § 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
    10  and  16-b  of section 400.00 of the penal law, paragraph (a) of subdivi-
    11  sion 3 and subdivisions 9 and 10 as amended and  subdivisions  16-a  and
    12  16-b as added by chapter 1 of the laws of 2013, subdivision 4 as amended
    13  by  chapter 242 of the laws of 2019, paragraph (a-1) of subdivision 16-a
    14  as added by chapter 98 of the laws of  2013,  are  amended  to  read  as
    15  follows:
    16    (a)  Applications  shall be made and renewed, in the case of a license
    17  to carry or possess a pistol or revolver, to the  licensing  officer  in
    18  the  city or county, as the case may be, where the applicant resides, is
    19  principally employed or has his or her principal place  of  business  as
    20  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
    21  dealer in firearms, to the licensing officer where such place  of  busi-
    22  ness  is  located.  Blank  applications shall, except in the city of New
    23  York, be approved as to form by the  [superintendent  of  state  police]
    24  division  of  criminal  justice services. An application shall state the
    25  full name, date of birth, residence, present occupation of  each  person
    26  or individual signing the same, whether or not he or she is a citizen of
    27  the  United States, whether or not he or she complies with each require-
    28  ment for eligibility specified in subdivision one of  this  section  and
    29  such  other  facts as may be required to show the good character, compe-
    30  tency and integrity of each person or individual  signing  the  applica-
    31  tion. An application shall be signed and verified by the applicant. Each
    32  individual signing an application shall submit one photograph of himself
    33  or  herself  and  a duplicate for each required copy of the application.
    34  Such photographs shall have been  taken  within  thirty  days  prior  to
    35  filing  the  application.  In case of a license as gunsmith or dealer in
    36  firearms, the photographs submitted shall be two inches square, and  the
    37  application  shall also state the previous occupation of each individual
    38  signing the same and the location of the place of such business,  or  of
    39  the  bureau,  agency,  subagency,  office or branch office for which the
    40  license is sought, specifying the name of the  city,  town  or  village,
    41  indicating   the  street  and  number  and  otherwise  giving  such  apt
    42  description as to point out reasonably the  location  thereof.  In  such
    43  case,  if the applicant is a firm, partnership or corporation, its name,
    44  date and place of formation, and principal place of  business  shall  be
    45  stated.  For  such  firm or partnership, the application shall be signed
    46  and verified by each individual composing or intending  to  compose  the
    47  same, and for such corporation, by each officer thereof.
    48    4.  Investigation.  Before a license is issued or renewed, there shall
    49  be an investigation of all statements required in the application by the
    50  duly constituted police authorities of the locality where such  applica-
    51  tion is made, including but not limited to such records as may be acces-
    52  sible  to the division of [state police or division of] criminal justice
    53  services pursuant to section 400.02 of this article. For  that  purpose,
    54  the  records  of  the  appropriate  office  of  the department of mental
    55  hygiene concerning previous or present mental illness of  the  applicant
    56  shall  be  available  for inspection by the investigating officer of the

        S. 5338                             8

     1  police authority. Where the applicant is domiciled in a  foreign  state,
     2  the investigation shall include inquiry of the foreign state for records
     3  concerning the previous or present mental illness of the applicant, and,
     4  to the extent necessary for inspection by the investigating officer, the
     5  applicant  shall  execute  a waiver of confidentiality of such record in
     6  such form as may be required by the foreign state. In order to ascertain
     7  any previous criminal record, the investigating officer shall  take  the
     8  fingerprints  and  physical  descriptive  data  in quadruplicate of each
     9  individual by whom the application is signed and verified. Two copies of
    10  such fingerprints shall be taken on  standard  fingerprint  cards  eight
    11  inches  square,  and  one  copy may be taken on a card supplied for that
    12  purpose by the federal bureau of investigation; provided, however,  that
    13  in  the  case  of  a  corporate applicant that has already been issued a
    14  dealer in firearms license and seeks to operate a firearm dealership  at
    15  a  second  or subsequent location, the original fingerprints on file may
    16  be used to ascertain any criminal record in  the  second  or  subsequent
    17  application  unless any of the corporate officers have changed since the
    18  prior application, in which case the new corporate officer shall  comply
    19  with  procedures governing an initial application for such license. When
    20  completed, one standard card shall be forwarded to and retained  by  the
    21  division  of  criminal  justice services in the executive department, at
    22  Albany. A search of the files of such division and written  notification
    23  of  the results of the search to the investigating officer shall be made
    24  without unnecessary delay. Thereafter, such division  shall  notify  the
    25  licensing  officer  and  the  executive  department,  division of [state
    26  police] criminal justice services, Albany, of any criminal record of the
    27  applicant filed therein subsequent to the search of its files. A  second
    28  standard  card,  or  the  one supplied by the federal bureau of investi-
    29  gation, as the case may be, shall be forwarded to that bureau  at  Wash-
    30  ington  with  a  request  that  the  files of the bureau be searched and
    31  notification of the results of the search be made to  the  investigating
    32  police  authority.  Of the remaining two fingerprint cards, one shall be
    33  filed with the executive department, division of [state police] criminal
    34  justice services, Albany, within ten days after issuance of the license,
    35  and the other remain on file with the investigating police authority. No
    36  such fingerprints may be inspected by any  person  other  than  a  peace
    37  officer,  who  is  acting  pursuant  to  his or her special duties, or a
    38  police officer, except on order of a judge or  justice  of  a  court  of
    39  record  either  upon  notice  to  the licensee or without notice, as the
    40  judge or justice may deem appropriate. Upon completion of  the  investi-
    41  gation,  the  police authority shall report the results to the licensing
    42  officer without unnecessary delay.
    43    7. License: form. Any license issued pursuant to this  section  shall,
    44  except  in  the  city of New York, be approved as to form by the [super-
    45  intendent of state police] division  of  criminal  justice  services.  A
    46  license to carry or possess a pistol or revolver shall have attached the
    47  licensee's  photograph, and a coupon which shall be removed and retained
    48  by any person disposing of a firearm to the licensee. Such license shall
    49  specify the weapon covered by calibre, make, model, manufacturer's  name
    50  and  serial  number,  or  if none, by any other distinguishing number or
    51  identification mark, and shall indicate whether issued to carry  on  the
    52  person  or  possess  on  the premises, and if on the premises shall also
    53  specify the place where the licensee shall possess  the  same.  If  such
    54  license  is  issued  to  an  alien,  or to a person not a citizen of and
    55  usually a resident in the state, the licensing officer  shall  state  in
    56  the  license the particular reason for the issuance and the names of the

        S. 5338                             9

     1  persons certifying to the good character of the applicant.  Any  license
     2  as  gunsmith  or dealer in firearms shall mention and describe the prem-
     3  ises for which it is issued and shall be valid only for such premises.
     4    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
     5  person licensed to carry or possess a pistol or revolver  may  apply  at
     6  any  time  to  his  or her licensing officer for amendment of his or her
     7  license to include one or more such weapons or to  cancel  weapons  held
     8  under  license.  If  granted,  a  record of the amendment describing the
     9  weapons involved shall be filed by the licensing officer in  the  execu-
    10  tive  department,  division of [state police] criminal justice services,
    11  Albany. The  [superintendent  of  state  police]  division  of  criminal
    12  justice  services  may  authorize  that  such amendment be completed and
    13  transmitted to the [state police] division in electronic form.   Notifi-
    14  cation of any change of residence shall be made in writing by any licen-
    15  see  within  ten  days  after  such  change occurs, and a record of such
    16  change shall be inscribed by such licensee on the reverse side of his or
    17  her license. Elsewhere than in the city of New York, and in the counties
    18  of Nassau and Suffolk, such notification shall be made to the  executive
    19  department,  division of [state police] criminal justice services, Alba-
    20  ny, and in the city of New York to the police commissioner of that city,
    21  and in the county of Nassau to the police commissioner of  that  county,
    22  and  in  the  county of Suffolk to the licensing officer of that county,
    23  who shall, within ten days after such notification shall be received  by
    24  him  or  her,  give  notice  in  writing of such change to the executive
    25  department, division of [state police]  criminal  justice  services,  at
    26  Albany.
    27    10.  License:  expiration,  certification and renewal. (a) Any license
    28  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    29  license  to  carry  or  possess a pistol or revolver, issued at any time
    30  pursuant to this section or prior to the first  day  of  July,  nineteen
    31  hundred  sixty-three  and not limited to expire on an earlier date fixed
    32  in the license, shall expire not more than three years after the date of
    33  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
    34  license  to  carry  or  possess a pistol or revolver, issued at any time
    35  pursuant to this section or prior to the first  day  of  July,  nineteen
    36  hundred  sixty-three  and not limited to expire on an earlier date fixed
    37  in the license, shall expire not more than five years after the date  of
    38  issuance;  however, in the county of Westchester, any such license shall
    39  be certified prior to the first day of April, two thousand,  in  accord-
    40  ance  with  a schedule to be contained in regulations promulgated by the
    41  commissioner of the division of criminal  justice  services,  and  every
    42  such  license  shall  be  recertified  every  five years thereafter. For
    43  purposes of this section certification  shall  mean  that  the  licensee
    44  shall  provide  to the licensing officer the following information only:
    45  current name, date of birth, current address, and the make, model, cali-
    46  ber and serial number of all firearms currently possessed. Such  certif-
    47  ication  information shall be filed by the licensing officer in the same
    48  manner as an amendment. Elsewhere than in the city of New York  and  the
    49  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    50  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    51  section  or prior to the first day of July, nineteen hundred sixty-three
    52  and not previously revoked or cancelled, shall be in  force  and  effect
    53  until  revoked  as herein provided. Any license not previously cancelled
    54  or revoked shall remain in full force and effect for thirty days  beyond
    55  the  stated  expiration date on such license. Any application to renew a
    56  license that has not previously expired, been revoked or cancelled shall

        S. 5338                            10

     1  thereby extend the term of the license until disposition of the applica-
     2  tion by the licensing officer. In the case of a license for gunsmith  or
     3  dealer  in  firearms,  in  counties having a population of less than two
     4  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
     5  submitted on original applications and upon renewal thereafter  only  at
     6  six  year  intervals.  Upon  satisfactory  proof  that a currently valid
     7  original license has been despoiled, lost or otherwise removed from  the
     8  possession of the licensee and upon application containing an additional
     9  photograph  of  the licensee, the licensing officer shall issue a dupli-
    10  cate license.
    11    (b) All licensees shall be  recertified  to  the  [division  of  state
    12  police]  licensing  officer  every  five  years  thereafter. Any license
    13  issued before the effective date of [the] chapter one of the laws of two
    14  thousand thirteen [which added this paragraph] shall be  recertified  by
    15  the  licensee  on  or  before [January] March thirty-first, two thousand
    16  eighteen, and not less than one year prior  to  such  date,  the  [state
    17  police] division of criminal justice services shall send a notice to all
    18  license  holders  who have not recertified by such time. [Such recertif-
    19  ication shall be in a form as approved by the  superintendent  of  state
    20  police,  which  shall  request the license holder's name, date of birth,
    21  gender, race, residential  address,  social  security  number,  firearms
    22  possessed  by  such  license  holder, email address at the option of the
    23  license holder and an  affirmation  that  such  license  holder  is  not
    24  prohibited  from possessing firearms.] Recertification shall contain the
    25  information and shall be in the form set forth hereinbelow:

    26                               RECERTIFICATION

    27  1. Name ________________________________________________________________

    28  2. Date of Birth _______________________________________________________

    29  3. Gender ______________________________________________________________

    30  4. Race ________________________________________________________________

    31  5. Residential Address _________________________________________________
    32  ________________________________________________________________________
    33  ________________________________________________________________________

    34  6. Social Security Number ______________________________________________

    35  7. Email Address (optional) ____________________________________________

    36  8. List all firearms possessed on license: _____________________________
    37  ________________________________________________________________________
    38  ________________________________________________________________________
    39  ________________________________________________________________________
    40  ________________________________________________________________________

    41  Upon receipt of the completed recertification form, the licensing  offi-
    42  cer  will  compare  the  information provided with the information main-
    43  tained by the licensing officer for such license  holder,  and  promptly
    44  notify  the  license  holder  of  any  discrepancies that may exist, and
    45  provide instruction as to applying for an amendment pursuant to subdivi-
    46  sion nine this section. After the resolution of any pending applications

        S. 5338                            11

     1  for amendments, the licensing officer shall retain a copy of the  recer-
     2  tification  and  a  copy  shall be filed by the licensing officer in the
     3  executive department, division of  criminal  justice  services,  Albany,
     4  within  ten days. The form may be in an electronic form if so designated
     5  by the [superintendent of state police]  division  of  criminal  justice
     6  services.  Failure  to  recertify  shall  act  as  a  revocation of such
     7  license. If the [New York state police] division  shall  discover  as  a
     8  result  of the recertification process that a licensee failed to provide
     9  a change of address, the [New York state police]  division  of  criminal
    10  justice  services shall not require the licensing officer to revoke such
    11  license.
    12    16-a. Registration. (a) An owner of a weapon defined in paragraph  (e)
    13  or  (f)  of  subdivision  twenty-two  of section 265.00 of this chapter,
    14  possessed before the date of the effective date of [the] chapter one  of
    15  the  laws  of  two  thousand thirteen [which added this paragraph], must
    16  make an application to register such weapon with the [superintendent  of
    17  state  police]  division  of  criminal  justice  services, in the manner
    18  provided by the [superintendent] division of criminal justice  services,
    19  or by amending a license issued pursuant to this section within one year
    20  of  the  effective  date  of  this subdivision except any weapon defined
    21  under subparagraph (vi) of paragraph (g) of  subdivision  twenty-two  of
    22  section  265.00 of this chapter transferred into the state may be regis-
    23  tered at any time, provided such weapons are  registered  within  thirty
    24  days  of  their  transfer into the state. Registration information shall
    25  include the registrant's name, date of birth, gender, race,  residential
    26  address,  social  security number and a description of each weapon being
    27  registered. A registration of any weapon defined under subparagraph (vi)
    28  of paragraph (g) of subdivision twenty-two of section 265.00 or a  feed-
    29  ing  device  as defined under subdivision twenty-three of section 265.00
    30  of this chapter shall be transferable, provided that the seller notifies
    31  the [state police] division of criminal justice services  within  seven-
    32  ty-two  hours  of the transfer and the buyer provides the [state police]
    33  division of criminal justice services  with  information  sufficient  to
    34  constitute  a  registration  under this section. Such registration shall
    35  not be valid if such registrant is prohibited or becomes prohibited from
    36  possessing a firearm pursuant to state or federal law. The  [superinten-
    37  dent] division of criminal justice services shall determine whether such
    38  registrant is prohibited from possessing a firearm under state or feder-
    39  al  law.  Such check shall be limited to determining whether the factors
    40  in 18 USC 922 (g) apply or whether a registrant has been convicted of  a
    41  serious  offense  as  defined  in  subdivision  [sixteen-b] seventeen of
    42  section 265.00 of this chapter, so as to prohibit such  registrant  from
    43  possessing  a  firearm, and whether a report has been issued pursuant to
    44  section 9.46 of the mental hygiene law. All registrants shall  recertify
    45  to  the  division of [state police] criminal justice services every five
    46  years thereafter. Failure to recertify shall result in a  revocation  of
    47  such registration.
    48    (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
    49  this subdivision, an owner of an assault weapon as defined  in  subdivi-
    50  sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
    51  retired New York or federal law enforcement officer as defined in subdi-
    52  vision twenty-five of section 265.00 of this chapter, where such  weapon
    53  was  issued  to  or purchased by such officer prior to retirement and in
    54  the course of his or her official duties, and for which such officer was
    55  qualified by the agency that employed such officer within twelve  months

        S. 5338                            12

     1  prior  to  his or her retirement, must register such weapon within sixty
     2  days of retirement.
     3    (b)  The [superintendent of state police] division of criminal justice
     4  services shall create and maintain an internet website  to  educate  the
     5  public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
     6  tomatic  pistol  or weapon that are illegal as a result of the enactment
     7  of [the] chapter one of the laws of two thousand thirteen  [which  added
     8  this  paragraph],  as  well  as  such  assault weapons which are illegal
     9  pursuant to article two hundred sixty-five of this chapter. Such website
    10  shall contain information to assist the public in recognizing the  rele-
    11  vant features proscribed by such article two hundred sixty-five, as well
    12  as which make and model of weapons that require registration.
    13    (c)  A person who knowingly fails to apply to register such weapon, as
    14  required by this section, within one year of the effective date of [the]
    15  chapter one of the laws of two thousand thirteen [which added this para-
    16  graph] shall be guilty of a class A  misdemeanor  and  such  person  who
    17  unknowingly  fails  to validly register such weapon within such one year
    18  period shall be given  a  warning  by  an  appropriate  law  enforcement
    19  authority  about such failure and given thirty days in which to apply to
    20  register such weapon or to surrender it. A failure to apply or surrender
    21  such weapon within such thirty-day period shall result  in  such  weapon
    22  being removed by an appropriate law enforcement authority and declared a
    23  nuisance.
    24    16-b.  The cost of the software, programming and interface required to
    25  transmit any record that must be electronically transmitted by the deal-
    26  er or licensing officer to  the  division  of  [state  police]  criminal
    27  justice  services, and any cost borne by the licensing officer to admin-
    28  ister or maintain records related to the recertification process by  the
    29  licensing  officer,  both pursuant to this chapter shall be borne by the
    30  state.
    31    § 9. Section 400.02 of the penal law, as amended by chapter 244 of the
    32  laws of 2019, is amended to read as follows:
    33  § 400.02 Statewide license and record database.
    34    There shall be a statewide license and record database which shall  be
    35  created  and  maintained  by  the  division  of  [state police] criminal
    36  justice services the cost of which shall not be  borne  by  any  munici-
    37  pality. Records assembled or collected for purposes of inclusion in such
    38  database  shall  not be subject to disclosure pursuant to article six of
    39  the public officers law. Records containing granted license applications
    40  shall be periodically  checked  by  the  division  of  criminal  justice
    41  services  against  criminal  conviction,  mental  health,  and all other
    42  records as are necessary to determine their continued accuracy  as  well
    43  as  whether an individual is no longer a valid license holder. The divi-
    44  sion of criminal justice services shall also check pending  applications
    45  made  pursuant to this article against such records to determine whether
    46  a license may be granted. All state agencies shall  cooperate  with  the
    47  division  of  criminal justice services, as otherwise authorized by law,
    48  in making their records available for such checks. The division of crim-
    49  inal justice services, upon determining that an individual is ineligible
    50  to possess a license, or is no longer  a  valid  license  holder,  shall
    51  notify  the applicable licensing official of such determination and such
    52  licensing official shall not issue a license or revoke such license  and
    53  any  weapons  owned  or  possessed  by  such individual shall be removed
    54  consistent with the provisions of subdivision eleven of  section  400.00
    55  of  this  article.  Local and state law enforcement shall have access to
    56  such database in the performance of their duties. Records  assembled  or

        S. 5338                            13

     1  collected  for purposes of inclusion in the database established by this
     2  section shall be released pursuant to a court order.
     3    § 10. This act shall take effect immediately; provided that:
     4    1. section four of this act shall take effect on the first of November
     5  next succeeding the date on which it shall have become a law; and
     6    2.  sections  five, six and seven of this act shall take effect on the
     7  ninetieth day after it shall have become a law.