STATE OF NEW YORK
        ________________________________________________________________________

                                          9458

                    IN SENATE

                                      May 30, 2022
                                       ___________

        Introduced  by  Sen.  THOMAS -- 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  the  purchase  or  taking
          possession of a semiautomatic rifle

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

     1    Section 1. Subdivisions 2, 3, 6, 7, 8, 9 and 14 of section  400.00  of
     2  the  penal  law,  subdivisions  2 and 8 as amended by chapter 189 of the
     3  laws of 2000, paragraph (a)  of  subdivision  3  and  subdivision  9  as
     4  amended by chapter 1 of the laws of 2013, paragraph (b) of subdivision 3
     5  as added by chapter 778 of the laws of 1985, subdivision 6 as amended by
     6  chapter  104 of the laws of 2019, and subdivision 14 as amended by chap-
     7  ter 195 of the laws of 2005, are amended to read as follows:
     8    2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
     9  shall  be  issued to engage in such business.  A license for a semiauto-
    10  matic rifle, other than an assault weapon or  disguised  gun,  shall  be
    11  issued to purchase or take possession of such a firearm when such trans-
    12  fer of ownership occurs on or after the effective date of the chapter of
    13  the  laws  of  two  thousand twenty-two that amended this subdivision. A
    14  license for a pistol or revolver, other than  an  assault  weapon  or  a
    15  disguised  gun,  shall be issued to (a) have and possess in his dwelling
    16  by a householder; (b) have and possess in his place  of  business  by  a
    17  merchant  or storekeeper; (c) have and carry concealed while so employed
    18  by a messenger employed by a banking institution or express company; (d)
    19  have and carry concealed by a justice of the supreme court in the  first
    20  or second judicial departments, or by a judge of the New York city civil
    21  court  or the New York city criminal court; (e) have and carry concealed
    22  while so employed by a regular employee of an institution of the  state,
    23  or of any county, city, town or village, under control of a commissioner
    24  of  correction  of the city or any warden, superintendent or head keeper
    25  of any state prison,  penitentiary,  workhouse,  county  jail  or  other
    26  institution  for  the detention of persons convicted or accused of crime
    27  or held as witnesses in criminal cases,  provided  that  application  is
    28  made therefor by such commissioner, warden, superintendent or head keep-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16020-02-2

        S. 9458                             2

     1  er;  (f) have and carry concealed, without regard to employment or place
     2  of possession, by any person when proper cause exists for  the  issuance
     3  thereof;  and (g) have, possess, collect and carry antique pistols which
     4  are  defined as follows: (i) any single shot, muzzle loading pistol with
     5  a matchlock, flintlock, percussion cap,  or  similar  type  of  ignition
     6  system  manufactured  in or before l898, which is not designed for using
     7  rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
     8  ca of any pistol described in clause (i) hereof if such replica--
     9    (1) is not designed or redesigned for using  rimfire  or  conventional
    10  centerfire fixed ammunition, or
    11    (2)  uses rimfire or conventional centerfire fixed ammunition which is
    12  no longer manufactured in the United States and  which  is  not  readily
    13  available in the ordinary channels of commercial trade.
    14    3.  Applications.  (a)  Applications shall be made and renewed, in the
    15  case of a license to carry  or  possess  a  pistol  or  revolver  or  to
    16  purchase  or  take possession of a semiautomatic rifle, to the licensing
    17  officer in the city or county, as the case may be, where  the  applicant
    18  resides,  is  principally  employed or has his or her principal place of
    19  business as merchant or storekeeper; and, in the case of  a  license  as
    20  gunsmith  or  dealer  in  firearms,  to the licensing officer where such
    21  place of business is located. Blank applications shall,  except  in  the
    22  city  of New York, be approved as to form by the superintendent of state
    23  police. An application shall state the full name, date of  birth,  resi-
    24  dence, present occupation of each person or individual signing the same,
    25  whether  or  not he or she is a citizen of the United States, whether or
    26  not he or she complies with each requirement for  eligibility  specified
    27  in  subdivision  one  of  this  section  and  such other facts as may be
    28  required to show the good character, competency and  integrity  of  each
    29  person  or  individual  signing the application. An application shall be
    30  signed and verified by the applicant. Each individual signing an  appli-
    31  cation shall submit one photograph of himself or herself and a duplicate
    32  for  each  required copy of the application. Such photographs shall have
    33  been taken within thirty days prior to filing the application.  In  case
    34  of  a license as gunsmith or dealer in firearms, the photographs submit-
    35  ted shall be two inches square, and the application shall also state the
    36  previous occupation of each individual signing the same and the location
    37  of the place of such business, or  of  the  bureau,  agency,  subagency,
    38  office  or branch office for which the license is sought, specifying the
    39  name of the city, town or village, indicating the street and number  and
    40  otherwise  giving  such  apt  description as to point out reasonably the
    41  location thereof. In such case, if the applicant is a firm,  partnership
    42  or  corporation,  its  name,  date and place of formation, and principal
    43  place of business shall be stated. For such  firm  or  partnership,  the
    44  application shall be signed and verified by each individual composing or
    45  intending to compose the same, and for such corporation, by each officer
    46  thereof.
    47    (b)  Application  for an exemption under paragraph seven-b of subdivi-
    48  sion a of section 265.20 of this chapter.  Each  applicant  desiring  to
    49  obtain  the exemption set forth in paragraph seven-b of subdivision a of
    50  section 265.20 of this chapter shall make such request in writing of the
    51  licensing officer with whom his application for a license is  filed,  at
    52  the time of filing such application. Such request shall include a signed
    53  and  verified  statement by the person authorized to instruct and super-
    54  vise the applicant, that has met with the  applicant  and  that  he  has
    55  determined  that,  in his judgment, said applicant does not appear to be
    56  or poses a threat to be, a danger to himself  or  to  others.  He  shall

        S. 9458                             3

     1  include  a copy of his certificate as an instructor in small arms, if he
     2  is required to be certified, and state his address and telephone number.
     3  He shall specify the exact  location  by  name,  address  and  telephone
     4  number  where  such  instruction will take place. Such licensing officer
     5  shall, no later than ten business days after such  filing,  request  the
     6  duly  constituted police authorities of the locality where such applica-
     7  tion is made to investigate and ascertain any previous  criminal  record
     8  of  the  applicant  pursuant  to subdivision four of this section.  Upon
     9  completion of this investigation, the police authority shall report  the
    10  results  to the licensing officer without unnecessary delay. The licens-
    11  ing officer shall no later than ten business days after the  receipt  of
    12  such  investigation,  determine  if  the  applicant  has been previously
    13  denied a license, been convicted of a felony, or  been  convicted  of  a
    14  serious  offense,  and  either  approve  or disapprove the applicant for
    15  exemption purposes based upon such determinations. If the  applicant  is
    16  approved  for  the  exemption,  the  licensing  officer shall notify the
    17  appropriate duly constituted police authorities and the applicant.  Such
    18  exemption  shall terminate if the application for the license is denied,
    19  or at any earlier time  based  upon  any  information  obtained  by  the
    20  licensing  officer  or  the  appropriate  police authorities which would
    21  cause the license to be denied. The  applicant  and  appropriate  police
    22  authorities shall be notified of any such terminations.
    23    6.  License:  validity.  Any  license  issued pursuant to this section
    24  shall be valid notwithstanding the provisions of any local law or  ordi-
    25  nance.    No  license shall be transferable to any other person or prem-
    26  ises. A license to carry or possess a pistol or revolver, or to purchase
    27  or take possession of a semiautomatic rifle, not otherwise limited as to
    28  place or time of possession, shall be effective  throughout  the  state,
    29  except  that  the  same  shall  not be valid within the city of New York
    30  unless a special permit  granting  validity  is  issued  by  the  police
    31  commissioner  of  that  city.  Such license to carry or possess shall be
    32  valid within the city of New York in the absence of a permit  issued  by
    33  the  police  commissioner  of  that city, provided that (a) the firearms
    34  covered by such license have been purchased from a licensed dealer with-
    35  in the city of New York and are  being  transported  out  of  said  city
    36  forthwith  and  immediately from said dealer by the licensee in a locked
    37  container during a continuous and uninterrupted trip; or  provided  that
    38  (b)  the  firearms  covered by such license are being transported by the
    39  licensee in a locked container and the trip through the city of New York
    40  is continuous and uninterrupted;  or  provided  that  (c)  the  firearms
    41  covered  by  such  license  are  carried  by armored car security guards
    42  transporting money or other valuables, in, to, or  from  motor  vehicles
    43  commonly  known  as armored cars, during the course of their employment;
    44  or provided that (d) the licensee is a retired police officer as  police
    45  officer  is  defined pursuant to subdivision thirty-four of section 1.20
    46  of the criminal procedure law or a retired federal law enforcement offi-
    47  cer, as defined in section 2.15 of the criminal procedure law,  who  has
    48  been  issued  a license by an authorized licensing officer as defined in
    49  subdivision ten of section 265.00 of this  chapter;  provided,  further,
    50  however,  that if such license was not issued in the city of New York it
    51  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    52  ment Officer", as the case may be, and, in the case of a retired officer
    53  the license shall be  deemed  to  permit  only  police  or  federal  law
    54  enforcement  regulations weapons; or provided that (e) the licensee is a
    55  peace officer described in subdivision four of section 2.10 of the crim-
    56  inal procedure law and the license, if issued by other than the city  of

        S. 9458                             4

     1  New York, is marked "New York State Tax Department Peace Officer" and in
     2  such  case  the exemption shall apply only to the firearm issued to such
     3  licensee by the  department  of  taxation  and  finance.  A  license  as
     4  gunsmith  or  dealer  in firearms shall not be valid outside the city or
     5  county, as the case may be, where issued. Notwithstanding any inconsist-
     6  ent provision of state or local law or rule or regulation, the  premises
     7  limitation  set  forth  in  any  license to have and possess a pistol or
     8  revolver in the licensee's dwelling or place  of  business  pursuant  to
     9  paragraph  (a)  or  (b)  of  subdivision  two  of this section shall not
    10  prevent the transport of such pistol or revolver directly to or from (i)
    11  another dwelling or place of business of the licensee where the licensee
    12  is authorized to have and possess  such  pistol  or  revolver,  (ii)  an
    13  indoor or outdoor shooting range that is authorized by law to operate as
    14  such,  (iii)  a  shooting  competition at which the licensee may possess
    15  such pistol or revolver consistent with the provisions of subdivision  a
    16  of  section 265.20 of this chapter or consistent with the law applicable
    17  at the place of such competition, or (iv) any other location  where  the
    18  licensee  is  lawfully  authorized  to  have  and possess such pistol or
    19  revolver; provided however, that during such  transport  to  or  from  a
    20  location  specified  in  clauses (i) through (iv) of this paragraph, the
    21  pistol or revolver shall be unloaded and carried in a locked  container,
    22  and  the  ammunition  therefor  shall  be  carried  separately; provided
    23  further, however, that a license to have and possess a pistol or  revol-
    24  ver  in  the  licensee's dwelling or place of business pursuant to para-
    25  graph (a) or (b) of subdivision two of this section that is issued by  a
    26  licensing  officer other than the police commissioner of the city of New
    27  York shall not authorize transport of a pistol or revolver into the city
    28  of New York in the absence of written authorization  to  do  so  by  the
    29  police  commissioner of that city. The term "locked container" shall not
    30  include the glove compartment or console of a vehicle.
    31    7. License: form. Any license issued pursuant to this  section  shall,
    32  except  in  the  city  of New York, be approved as to form by the super-
    33  intendent of state police. A license to carry or  possess  a  pistol  or
    34  revolver  or  to  purchase  or  take possession of a semiautomatic rifle
    35  shall have attached the licensee's photograph, and a coupon which  shall
    36  be  removed  and  retained  by  any person disposing of a firearm to the
    37  licensee. [Such] A license to carry or  possess  a  pistol  or  revolver
    38  shall specify the weapon covered by calibre, make, model, manufacturer's
    39  name  and  serial number, or if none, by any other distinguishing number
    40  or identification mark, and shall indicate whether issued  to  carry  on
    41  the person or possess on the premises, and if on the premises shall also
    42  specify  the  place  where  the licensee shall possess the same. If such
    43  license is issued to an alien, or to a  person  not  a  citizen  of  and
    44  usually  a  resident  in the state, the licensing officer shall state in
    45  the license the particular reason for the issuance and the names of  the
    46  persons  certifying  to the good character of the applicant. Any license
    47  as gunsmith or dealer in firearms shall mention and describe  the  prem-
    48  ises for which it is issued and shall be valid only for such premises.
    49    8.  License:  exhibition  and display. Every licensee while carrying a
    50  pistol or revolver shall have on his or her person a  license  to  carry
    51  the  same.  Every  person  licensed  to  possess a pistol or revolver on
    52  particular premises shall have the license for the same  on  such  prem-
    53  ises.  Every person licensed to purchase or take possession of a semiau-
    54  tomatic  rifle  shall have the license for the same on his or her person
    55  while purchasing or taking possession of such weapon. Upon  demand,  the
    56  license  shall  be exhibited for inspection to any peace officer, who is

        S. 9458                             5

     1  acting pursuant to his or her  special  duties,  or  police  officer.  A
     2  license as gunsmith or dealer in firearms shall be prominently displayed
     3  on  the  licensed premises. A gunsmith or dealer of firearms may conduct
     4  business  temporarily at a location other than the location specified on
     5  the license if such temporary location is the location for a gun show or
     6  event sponsored by any national, state, or local  organization,  or  any
     7  affiliate  of  any  such organization devoted to the collection, compet-
     8  itive use or other sporting use of firearms. Any sale or transfer  at  a
     9  gun  show must also comply with the provisions of article thirty-nine-DD
    10  of the general business law.  Records  of  receipt  and  disposition  of
    11  firearms transactions conducted at such temporary location shall include
    12  the  location  of  the sale or other disposition and shall be entered in
    13  the permanent records of the gunsmith or dealer of firearms and retained
    14  on the location specified on the license. Nothing in this section  shall
    15  authorize  any  licensee to conduct business from any motorized or towed
    16  vehicle. A separate fee shall not be required of a licensee with respect
    17  to business conducted under this subdivision.  Any inspection  or  exam-
    18  ination  of  inventory  or  records under this section at such temporary
    19  location shall be limited to inventory consisting of, or records related
    20  to, firearms held or disposed at such temporary  locations.  Failure  of
    21  any  licensee  to  so exhibit or display his or her license, as the case
    22  may be, shall be presumptive  evidence  that  he  or  she  is  not  duly
    23  licensed.
    24    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
    25  person licensed to carry or possess a pistol or revolver or to  purchase
    26  or take possession of a semiautomatic rifle may apply at any time to his
    27  or  her licensing officer for amendment of his or her license to include
    28  one or more such weapons or to cancel weapons  held  under  license.  If
    29  granted, a record of the amendment describing the weapons involved shall
    30  be  filed by the licensing officer in the executive department, division
    31  of state police, Albany. The superintendent of state police may  author-
    32  ize that such amendment be completed and transmitted to the state police
    33  in  electronic  form.   Notification of any change of residence shall be
    34  made in writing by any  licensee  within  ten  days  after  such  change
    35  occurs,  and a record of such change shall be inscribed by such licensee
    36  on the reverse side of his or her license. Elsewhere than in the city of
    37  New York, and in the counties of Nassau and Suffolk,  such  notification
    38  shall  be  made  to  the executive department, division of state police,
    39  Albany, and in the city of New York to the police commissioner  of  that
    40  city,  and  in  the  county of Nassau to the police commissioner of that
    41  county, and in the county of Suffolk to the licensing  officer  of  that
    42  county,  who  shall,  within  ten  days after such notification shall be
    43  received by him or her, give notice in writing of  such  change  to  the
    44  executive department, division of state police, at Albany.
    45    14. Fees. In the city of New York and the county of Nassau, the annual
    46  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
    47  for dealers in firearms. In such city, the city council and in the coun-
    48  ty  of  Nassau  the Board of Supervisors shall fix the fee to be charged
    49  for a license to carry or possess a pistol or revolver or to purchase or
    50  take possession of a semiautomatic rifle and provide for the disposition
    51  of such fees. Elsewhere  in  the  state,  the  licensing  officer  shall
    52  collect  and  pay  into the county treasury the following fees: for each
    53  license to carry or possess a pistol or revolver or to purchase or  take
    54  possession  of  a  semiautomatic  rifle, not less than three dollars nor
    55  more than ten dollars as may be determined by the  legislative  body  of
    56  the  county; for each amendment thereto, three dollars, and five dollars

        S. 9458                             6

     1  in the county of Suffolk; and for each license issued to a  gunsmith  or
     2  dealer  in  firearms, ten dollars. The fee for a duplicate license shall
     3  be five dollars. The fee for processing a license transfer between coun-
     4  ties  shall be five dollars. The fee for processing a license or renewal
     5  thereof for a qualified retired police officer as defined under subdivi-
     6  sion thirty-four of section 1.20 of the criminal  procedure  law,  or  a
     7  qualified  retired  sheriff, undersheriff, or deputy sheriff of the city
     8  of New York as defined under subdivision two  of  section  2.10  of  the
     9  criminal  procedure  law, or a qualified retired bridge and tunnel offi-
    10  cer, sergeant or lieutenant of the triborough bridge and tunnel authori-
    11  ty as defined under subdivision twenty of section 2.10 of  the  criminal
    12  procedure  law,  or  a  qualified retired uniformed court officer in the
    13  unified court system, or a qualified retired court clerk in the  unified
    14  court system in the first and second judicial departments, as defined in
    15  paragraphs  a  and  b  of  subdivision twenty-one of section 2.10 of the
    16  criminal procedure law or a retired correction  officer  as  defined  in
    17  subdivision  twenty-five  of  section 2.10 of the criminal procedure law
    18  shall be waived in all counties throughout the state.
    19    § 2. Subdivisions 1 and 3 of section 400.01 of the penal law, subdivi-
    20  sion 1 as amended by chapter 511 of the laws of 2014 and  subdivision  3
    21  as  added  by  chapter  210  of the laws of 1999, are amended to read as
    22  follows:
    23    1. A license to carry or possess a firearm  or  to  purchase  or  take
    24  possession  of  a  semiautomatic rifle for a retired sworn member of the
    25  division of state police shall be granted in the same  manner  and  upon
    26  the same terms and conditions as licenses issued under section 400.00 of
    27  this  article  provided, however, that applications for such license may
    28  be made to, and the licensing officer  may  be,  the  superintendent  of
    29  state police.
    30    3. The provisions of this section shall only apply to license applica-
    31  tions made or renewals which must be made on or after the effective date
    32  of  this  section. A license to carry or possess a pistol or revolver or
    33  to purchase or take possession of a semiautomatic rifle issued  pursuant
    34  to  the provisions of section 400.00 of this article to a person covered
    35  by the provisions of this section shall  be  valid  until  such  license
    36  would  have expired pursuant to the provisions of section 400.00 of this
    37  article; provided that, on or after the effective date of this  section,
    38  an  application or renewal of such license shall be made pursuant to the
    39  provisions of this section.
    40    § 3. Subdivision 9 of section 265.00 of the penal law, as  amended  by
    41  chapter 189 of the laws of 2000, is amended to read as follows:
    42    9.  "Dealer  in  firearms" means any person, firm, partnership, corpo-
    43  ration or company who engages in the business  of  purchasing,  selling,
    44  keeping  for  sale, loaning, leasing, or in any manner disposing of, any
    45  assault weapon, large capacity ammunition feeding device,  pistol  [or],
    46  revolver, or semiautomatic rifle.
    47    §  4.  Subdivision 7 of section 265.10 of the penal law, as amended by
    48  chapter 189 of the laws of 2000, is amended to read as follows:
    49    7. Any person, other than a wholesale dealer, or gunsmith or dealer in
    50  firearms duly licensed pursuant  to  section  400.00  of  this  chapter,
    51  lawfully in possession of a firearm or semiautomatic rifle, who disposes
    52  of  the same without first notifying in writing the licensing officer in
    53  the city of New York and counties of Nassau and Suffolk and elsewhere in
    54  the state the executive department, division of state police, Albany, is
    55  guilty of a class A misdemeanor.

        S. 9458                             7

     1    § 5. The penal law is amended by adding a new section 265.65  to  read
     2  as follows:
     3  § 265.65 Criminal purchase of a semiautomatic rifle.
     4    A  person is guilty of criminal purchase of a semiautomatic rifle when
     5  he or she purchases or takes possession of  a  semiautomatic  rifle  and
     6  does not possess a license to purchase or take possession of a semiauto-
     7  matic  rifle  as  provided  in subdivision two of section 400.00 of this
     8  chapter.
     9   Criminal purchase of a semiautomatic rifle is a class A misdemeanor for
    10  the first offense and a class E felony for subsequent offenses.
    11    § 6. The penal law is amended by adding a new section 265.66  to  read
    12  as follows:
    13  § 265.66 Criminal sale of a semiautomatic rifle.
    14    A  person  is  guilty  of criminal sale of a semiautomatic rifle when,
    15  knowing or having reason to know it is a semiautomatic rifle, he or  she
    16  sells,  exchanges, gives or disposes of a semiautomatic rifle to another
    17  person and such other person does not possess a license to  purchase  or
    18  take  possession of a semiautomatic rifle as provided in subdivision two
    19  of section 400.00 of this chapter.
    20    Criminal sale of a semiautomatic rifle is a class E felony.
    21    § 7. Subdivision 10 of section 400.00 of the penal law is  amended  by
    22  adding a new paragraph (c) to read as follows:
    23    (c)  A license to purchase or take possession of a semiautomatic rifle
    24  as defined in subdivision two of this section shall  be  recertified  to
    25  the applicable licensing officer every five years following the issuance
    26  of  such  license.  Failure to renew such a license shall be a violation
    27  punishable by a fine not to exceed two hundred fifty dollars,  and  such
    28  failure  to  renew  shall  be  considered  by the licensing officer when
    29  reviewing future license applications by the license holder pursuant  to
    30  this chapter.
    31    §  8.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law and shall apply only  to  purchases  or  transfers  of
    33  ownership made on or after such effective date.