STATE OF NEW YORK
        ________________________________________________________________________

                                          9501

                    IN SENATE

                                      July 13, 2022
                                       ___________

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

        AN ACT to amend the penal law, the general business law and  the  execu-
          tive  law,  in  relation to licensing and other provisions relating to
          firearms; and to repeal certain provisions of the penal law, the exec-
          utive law, the general business law, the state finance law and chapter
          371 of the laws of 2022 amending the penal law and other laws relating
          to licensing and other provisions relating to firearms, relating ther-
          eto

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

     1    Section  1.  The section heading and subdivisions 1, 1-a, 1-b, 2, 4-a,
     2  4-b, 4-c, 10 and 11 of section 400.00 of the penal law,  as  amended  by
     3  chapter 371 of the laws of 2022, are amended to read as follows:
     4  [Licensing and other provisions relating to] Licenses to carry, possess,
     5             repair and dispose of firearms.
     6    1. Eligibility. No license shall be issued or renewed pursuant to this
     7  section  except  by  the licensing officer, and then only after investi-
     8  gation and finding that all statements in a  proper  application  for  a
     9  license  are  true.  No license shall be issued or renewed except for an
    10  applicant (a) twenty-one years of age or older, provided, however,  that
    11  where  such  applicant  has  been  honorably  discharged from the United
    12  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    13  national  guard  of the state of New York, no such age restriction shall
    14  apply; (b) of good moral character[, which, for  the  purposes  of  this
    15  article,  shall  mean  having  the  essential character, temperament and
    16  judgement necessary to be entrusted with a weapon and to use it only  in
    17  a manner that does not endanger oneself or others]; (c) who has not been
    18  convicted  anywhere  of  a felony or a serious offense or who is not the
    19  subject of an outstanding warrant of  arrest  issued  upon  the  alleged
    20  commission  of  a  felony  or serious offense; (d) who is not a fugitive
    21  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
    22  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
    23  an alien (i) is not illegally or unlawfully in the United States or (ii)

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16117-02-2

        S. 9501                             2

     1  has not been admitted to the United States  under  a  nonimmigrant  visa
     2  subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
     3  discharged from the Armed Forces under dishonorable conditions; (h) who,
     4  having been a citizen of the United States, has not renounced his or her
     5  citizenship;  (i) who has stated whether he or she has ever suffered any
     6  mental illness; (j) who has not been involuntarily committed to a facil-
     7  ity under the jurisdiction of an office  of  the  department  of  mental
     8  hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
     9  article seven hundred thirty or section 330.20 of the criminal procedure
    10  law [or substantially similar laws of any  other  state],  section  four
    11  hundred  two  or five hundred eight of the correction law, section 322.2
    12  or 353.4 of the family court act, has not been  civilly  confined  in  a
    13  secure  treatment facility pursuant to article ten of the mental hygiene
    14  law, or has not been the subject of a report made  pursuant  to  section
    15  9.46 of the mental hygiene law; (k) who has not had a license revoked or
    16  who  is not under a suspension or ineligibility order issued pursuant to
    17  the provisions of section  530.14  of  the  criminal  procedure  law  or
    18  section  eight  hundred  forty-two-a of the family court act; (l) in the
    19  county of Westchester, who has successfully completed a firearms  safety
    20  course  and  test  as evidenced by a certificate of completion issued in
    21  his or her name and endorsed and affirmed under the penalties of perjury
    22  by a duly authorized instructor, except that: (i) persons who are honor-
    23  ably discharged from the United States army, navy, marine corps or coast
    24  guard, or of the national guard of the state of New  York,  and  produce
    25  evidence  of  official  qualification  in  firearms  during  the term of
    26  service are not required to have completed those  hours  of  a  firearms
    27  safety  course pertaining to the safe use, carrying, possession, mainte-
    28  nance and storage of a firearm; and (ii) persons who  were  licensed  to
    29  possess  a  pistol or revolver prior to the effective date of this para-
    30  graph are not required to have completed a firearms  safety  course  and
    31  test[,  provided, however, persons with a license issued under paragraph
    32  (f) of subdivision two of this section prior to the  effective  date  of
    33  the  laws  of two thousand twenty-two which amended this paragraph shall
    34  be required to complete the training required by subdivision nineteen of
    35  this section prior to the recertification of  such  license;  and  (iii)
    36  persons applying for a license under paragraph (f) of subdivision two of
    37  this  section  on or after the effective date of the chapter of the laws
    38  of two thousand twenty-two which amended this  paragraph  who  shall  be
    39  required to complete the training required under subdivision nineteen of
    40  this section for such license]; (m) who has not had a guardian appointed
    41  for him or her pursuant to any provision of state law, based on a deter-
    42  mination  that  as  a  result  of  marked subnormal intelligence, mental
    43  illness, [incompetency,] incapacity, condition or  disease,  he  or  she
    44  lacks  the mental capacity to contract or manage his or her own affairs;
    45  [(n) for a license issued under paragraph (f) of subdivision two of this
    46  section, that the applicant has not been convicted within five years  of
    47  the  date of the application of any of the following: (i) assault in the
    48  third degree, as defined in section 120.00 of this chapter; (ii)  misde-
    49  meanor  driving  while intoxicated, as defined in section eleven hundred
    50  ninety-two of the vehicle and traffic law; or (iii) menacing, as defined
    51  in section 120.15 of this chapter; and (o) for a  license  issued  under
    52  paragraph  (f)  of  subdivision two of this section, the applicant shall
    53  meet in person with the licensing officer for an interview and shall, in
    54  addition to any other information  or  forms  required  by  the  license
    55  application  submit  to the licensing officer the following information:
    56  (i) names and contact information for the applicant's current spouse, or

        S. 9501                             3

     1  domestic partner, any other adults residing  in  the  applicant's  home,
     2  including  any adult children of the applicant, and whether or not there
     3  are minors residing, full time or part time, in  the  applicant's  home;
     4  (ii) names and contact information of no less than four character refer-
     5  ences  who  can  attest to the applicant's good moral character and that
     6  such applicant has not engaged in any acts, or made any statements  that
     7  suggest  they  are likely to engage in conduct that would result in harm
     8  to themselves or others; (iii) certification of completion of the train-
     9  ing required in subdivision nineteen of this section;  (iv)  a  list  of
    10  former  and current social media accounts of the applicant from the past
    11  three years to confirm the information regarding the applicants  charac-
    12  ter  and conduct as required in subparagraph (ii) of this paragraph; and
    13  (v) such other information required by the  licensing  officer  that  is
    14  reasonably necessary and related to the review of the licensing applica-
    15  tion] and (n) concerning whom no good cause exists for the denial of the
    16  license.
    17    [1-a.] No person shall engage in the business of gunsmith or dealer in
    18  firearms  unless  licensed  pursuant  to  this  section. An applicant to
    19  engage in such business shall also be a citizen of  the  United  States,
    20  more  than twenty-one years of age and [shall be required] to maintain a
    21  place of business in the city or county where the license is issued. For
    22  such business, if the applicant is a firm or  partnership,  each  member
    23  thereof  shall  comply  with  all  of the requirements set forth in this
    24  subdivision and if the applicant is a corporation, each officer  thereof
    25  shall so comply.
    26    [1-b.]  1-a.  For purposes of subdivision one of this section, serious
    27  offense shall include an offense in any jurisdiction or the former penal
    28  law that includes all of the essential elements of a serious offense  as
    29  defined  by  subdivision  seventeen  of  section 265.00 of this chapter.
    30  Nothing in this subdivision shall preclude the denial of a license based
    31  on the commission of, arrest for or conviction  of  an  offense  in  any
    32  other  jurisdiction which does not include all of the essential elements
    33  of a serious offense.
    34    2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
    35  shall be issued to engage in such business. A license for a semiautomat-
    36  ic rifle, other than an assault weapon or disguised gun, shall be issued
    37  to  purchase  or take possession of such a [semiautomatic rifle] firearm
    38  when such transfer of ownership occurs on or after the effective date of
    39  the chapter [two hundred twelve] of the laws of two thousand  twenty-two
    40  that amended this subdivision. A license for a pistol or revolver, other
    41  than  an  assault weapon or a disguised gun, shall be issued to (a) have
    42  and possess in his dwelling by a householder; (b) have  and  possess  in
    43  his  place  of business by a merchant or storekeeper; (c) have and carry
    44  concealed while so employed by a messenger employed by a banking  insti-
    45  tution  or express company; (d) have and carry concealed by a justice of
    46  the supreme court in the first or second judicial departments, or  by  a
    47  judge  of  the  New  York city civil court or the New York city criminal
    48  court; (e) have and carry concealed  while  so  employed  by  a  regular
    49  employee of an institution of the state, or of any county, city, town or
    50  village,  under  control  of a commissioner of correction of the city or
    51  any warden, superintendent or head keeper of any state prison,  peniten-
    52  tiary,  workhouse, county jail or other institution for the detention of
    53  persons convicted or accused of crime or held as witnesses  in  criminal
    54  cases,  provided that application is made therefor by such commissioner,
    55  warden, superintendent or head keeper; (f)  have  and  carry  concealed,
    56  without  regard  to  employment  or  place of possession [subject to the

        S. 9501                             4

     1  restrictions of state and federal law], by any person when proper  cause
     2  exists  for  the  issuance  thereof;  and (g) have, possess, collect and
     3  carry antique pistols which are defined as follows: (i) any single shot,
     4  muzzle  loading  pistol  with a matchlock, flintlock, percussion cap, or
     5  similar type of ignition system manufactured in or before 1898, which is
     6  not designed for using rimfire or conventional centerfire fixed  ammuni-
     7  tion;  and (ii) any replica of any pistol described in clause (i) hereof
     8  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    4-a.  [Appeals from denial of an application, renewal, recertification
    15  or license revocation. If an application for a license  is  denied,  not
    16  renewed,  not recertified, or revoked, the licensing officer shall issue
    17  a written notice to the applicant setting forth  the  reasons  for  such
    18  denial.  An applicant may, within ninety days of receipt of such notice,
    19  request a hearing to appeal the denial to the appeals board  created  by
    20  the  division  of  criminal  justice  services and the superintendent of
    21  state police. An individual may be represented by counsel at any appear-
    22  ance before the appeals board and shall be afforded  an  opportunity  to
    23  present additional evidence in support of their application. The commis-
    24  sioner  of  criminal  justice  services  and the superintendent of state
    25  police shall promulgate rules and  regulations  governing  such  appeals
    26  process.
    27    4-b.]  Processing  of  license applications. Applications for licenses
    28  shall be accepted for processing by the licensing officer at the time of
    29  presentment. Except upon written notice to  the  applicant  specifically
    30  stating  the  reasons  for any delay, in each case the licensing officer
    31  shall act upon any application for a license pursuant  to  this  section
    32  within  six  months of the date of presentment of such an application to
    33  the appropriate authority. Such delay may only be  for  good  cause  and
    34  with  respect  to  the  applicant.  In  acting  upon an application, the
    35  licensing officer shall either deny the application for reasons  specif-
    36  ically  and  concisely  stated  in  writing or grant the application and
    37  issue the license applied for.
    38    [4-c.] 4-b. Westchester county firearms safety course certificate.  In
    39  the  county  of  Westchester,  at the time of application, the licensing
    40  officer to which the license application is made shall provide a copy of
    41  the safety course booklet to each license applicant. Before such license
    42  is issued, such licensing  officer  shall  require  that  the  applicant
    43  submit  a  certificate  of  successful  completion  of a firearms safety
    44  course and test issued in his or her  name  and  endorsed  and  affirmed
    45  under the penalties of perjury by a duly authorized instructor.
    46    10.  License:  expiration,  certification and renewal. (a) Any license
    47  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    48  license  to  carry  or  possess a pistol or revolver, issued at any time
    49  pursuant to this section or prior to the first  day  of  July,  nineteen
    50  hundred  sixty-three  and not limited to expire on an earlier date fixed
    51  in the license, shall[, except as otherwise provided in paragraph (d) of
    52  this subdivision,] expire not more than three years after  the  date  of
    53  issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, 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. 9501                             5

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

        S. 9501                             6

     1  reviewing  future license applications by the license holder pursuant to
     2  this chapter.
     3    [(d)  Licenses  issued  under paragraph (f) of subdivision two of this
     4  section shall be recertified or renewed in the same form and  manner  as
     5  otherwise  required  by  this  subdivision,  provided however, that such
     6  licenses shall be recertified or renewed every three years following the
     7  issuance of such license. For licenses issued  prior  to  the  effective
     8  date  of  this paragraph that were issued more than three years prior to
     9  such date, or will expire in less than one year from such date shall  be
    10  recertified or renewed within one year of such date.]
    11    11. License: revocation and suspension. (a) The conviction of a licen-
    12  see  anywhere  of  a felony or serious offense or a licensee at any time
    13  becoming ineligible to obtain a license[, including engaging in  conduct
    14  that  would have resulted in the denial of a license, under this section
    15  shall operate as or be grounds for,] under this section shall operate as
    16  a revocation of the license.  A license may be revoked or  suspended  as
    17  provided  for in section 530.14 of the criminal procedure law or section
    18  eight hundred forty-two-a of the family court act. Except for a  license
    19  issued  pursuant  to  section  400.01  of this article, a license may be
    20  revoked and cancelled at any time in the city of New York,  and  in  the
    21  counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
    22  than in the city of New York by any judge  or  justice  of  a  court  of
    23  record;  a license issued pursuant to section 400.01 of this article may
    24  be revoked and cancelled at any time by the  licensing  officer  or  any
    25  judge  or justice of a court of record. A license to engage in the busi-
    26  ness of dealer may be revoked or suspended  for  any  violation  of  the
    27  provisions  of  article  thirty-nine-BB of the general business law. The
    28  official revoking a license shall give written  notice  thereof  without
    29  unnecessary delay to the executive department, division of state police,
    30  Albany,  and  shall  also notify immediately the duly constituted police
    31  authorities of the locality. [The licensing  officer  shall  revoke  any
    32  license  issued  in  which  an applicant knowingly made a material false
    33  statement on the application. Notice of a revocation under this subdivi-
    34  sion shall be issued in writing and shall  include  the  basis  for  the
    35  determination,  which  shall  be  supported  by  a  preponderance of the
    36  evidence. Such notice shall also include information regarding the abil-
    37  ity to appeal such decision in accordance  with  subdivision  four-a  of
    38  this section.]
    39    (b) Whenever the director of community services or his or her designee
    40  makes  a  report pursuant to section 9.46 of the mental hygiene law, the
    41  division of criminal justice services  shall  convey  such  information,
    42  whenever  it  determines that the person named in the report possesses a
    43  license issued pursuant to this section, to  the  appropriate  licensing
    44  official, who shall issue an order suspending or revoking such license.
    45    (c)  In  any  instance  in  which  a  person's license is suspended or
    46  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    47  shall  surrender  such license to the appropriate licensing official and
    48  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
    49  person  shall be surrendered to an appropriate law enforcement agency as
    50  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
    51  section  265.20  of  this  chapter.  In the event such license, firearm,
    52  shotgun, or rifle is not surrendered, such items shall  be  removed  and
    53  declared  a  nuisance  and  any  police  officer or peace officer acting
    54  pursuant to his or her special duties is authorized to  remove  any  and
    55  all such weapons.
    56    § 2. Subdivision 23 of section 837 of the executive law is REPEALED.

        S. 9501                             7

     1    § 3. Section 235 of the executive law is REPEALED.
     2    § 4. Section 265.01-e of the penal law is REPEALED.
     3    § 5. Section 265.01-d of the penal law is REPEALED.
     4    § 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law
     5  is REPEALED.
     6    § 7. Section 400.02 of the penal law, as amended by chapter 371 of the
     7  laws of 2022, is amended to read as follows:
     8  § 400.02 Statewide license and record database.
     9    [1.]  There  shall  be  a  statewide license and record database which
    10  shall be created and maintained by the division of state police the cost
    11  of which shall not be borne by any municipality.  Records  assembled  or
    12  collected  for  purposes  of  inclusion  in  such  database shall not be
    13  subject to disclosure pursuant to article six  of  the  public  officers
    14  law. [All records] Records containing granted license applications [from
    15  all  licensing  authorities]  shall be [monthly] periodically checked by
    16  the division of criminal justice services [in conjunction with the divi-
    17  sion of state police] against  criminal  conviction,  [criminal  indict-
    18  ment,]  mental  health,  [extreme  risk  protection  orders,  orders  of
    19  protection,] and all other records as are necessary to  determine  their
    20  continued accuracy as well as whether an individual is no longer a valid
    21  license  holder.  The  division  of criminal justice services shall also
    22  check pending applications made pursuant to this  article  against  such
    23  records  to  determine  whether a license may be granted. All state [and
    24  local] agencies shall cooperate with the division  of  criminal  justice
    25  services, as otherwise authorized by law, in making their records avail-
    26  able  for  such  checks. The division of criminal justice services, upon
    27  determining that an individual is ineligible to possess a license, or is
    28  no longer a valid license holder, shall notify the applicable  licensing
    29  official  of  such  determination  and such licensing official shall not
    30  issue a license or [shall] revoke such license and any weapons owned  or
    31  possessed  by  such  individual  shall  be  removed  consistent with the
    32  provisions of subdivision eleven of  section  400.00  of  this  article.
    33  Local  and  state  law enforcement shall have access to such database in
    34  the performance of their duties.  Records  assembled  or  collected  for
    35  purposes  of inclusion in the database established by this section shall
    36  be released pursuant to a court order.
    37    [2. There shall be a statewide license and  record  database  specific
    38  for  ammunition sales which shall be created and maintained by the divi-
    39  sion of state police the cost of which shall not be borne by any munici-
    40  pality no later than thirty days upon designating the division of  state
    41  police  as  the  point of contact to perform both firearm and ammunition
    42  background checks under federal and  state  law.  Records  assembled  or
    43  collected  for  purposes  of  inclusion  in  such  database shall not be
    44  subject to disclosure pursuant to article six  of  the  public  officers
    45  law.  All  records  containing  granted  license  applications  from all
    46  licensing authorities shall be monthly checked by the division of crimi-
    47  nal justice services in conjunction with the division  of  state  police
    48  against   criminal  conviction,  criminal  indictments,  mental  health,
    49  extreme risk protection orders, orders  of  protection,  and  all  other
    50  records  as  are necessary to determine their continued accuracy as well
    51  as whether an individual is no longer a valid license holder. The  divi-
    52  sion  of criminal justice services shall also check pending applications
    53  made pursuant to this article against such records to determine  whether
    54  a  license  may be granted. All state and local agencies shall cooperate
    55  with the division of criminal justice services, as otherwise  authorized
    56  by law, in making their records available for such checks. No later than

        S. 9501                             8

     1  thirty  days after the superintendent of the state police certifies that
     2  the statewide license and record database established pursuant  to  this
     3  section  and  the  statewide license and record database established for
     4  ammunition  sales  are  operational  for the purposes of this section, a
     5  dealer in firearms licensed pursuant to section 400.00 of this  article,
     6  a  seller of ammunition as defined in subdivision twenty-four of section
     7  265.00 of this chapter shall not transfer any ammunition  to  any  other
     8  person who is not a dealer in firearms as defined in subdivision nine of
     9  such  section 265.00 or a seller of ammunition as defined in subdivision
    10  twenty-four of section 265.00 of this chapter, unless:
    11    (a) before the completion of the  transfer,  the  licensee  or  seller
    12  contacts  the  statewide  license  and  record database and provides the
    13  database with information sufficient to identify such dealer  or  seller
    14  transferee based on information on the transferee's identification docu-
    15  ment  as  defined  in  paragraph (c) of this subdivision, as well as the
    16  amount, caliber, manufacturer's name and serial number, if any, of  such
    17  ammunition;
    18    (b)  the  licensee  or seller is provided with a unique identification
    19  number; and
    20    (c) the transferor has verified the  identity  of  the  transferee  by
    21  examining a valid state identification document of the transferee issued
    22  by  the department of motor vehicles or if the transferee is not a resi-
    23  dent of the state of New York, a valid identification document issued by
    24  the transferee's state or country of residence containing  a  photograph
    25  of the transferee.]
    26    §  8.  Subdivisions  2  and  6  of section 400.03 of the penal law, as
    27  amended by section 8 of chapter 371 of the laws of 2022, are amended  to
    28  read as follows:
    29    2.  Any  seller of ammunition or dealer in firearms shall keep [either
    30  an electronic record, or dataset, or an organized collection  of  struc-
    31  tured information, or data, typically stored electronically in a comput-
    32  er  system]  a  record book approved as to form by the superintendent of
    33  state police. In the record book shall be entered at the time  of  every
    34  transaction  involving  ammunition  the  date, name, age, occupation and
    35  residence of any person from whom ammunition  is  received  or  to  whom
    36  ammunition  is  delivered,  and the amount, calibre, manufacturer's name
    37  and serial number, or if none, any other distinguishing number or  iden-
    38  tification mark on such ammunition.  The record book shall be maintained
    39  on the premises mentioned and described in the license and shall be open
    40  at  all  reasonable  hours  for  inspection by any peace officer, acting
    41  pursuant to his or her special duties, or  police  officer.  Any  record
    42  produced  pursuant  to  this section and any transmission thereof to any
    43  government agency shall not be considered a public record  for  purposes
    44  of article six of the public officers law.
    45    6.  If  the  superintendent  of state police certifies that background
    46  checks of ammunition purchasers may be conducted  through  the  national
    47  instant  criminal  background  check  system [or through the division of
    48  state police once the division has been designated  point  of  contact],
    49  use  of that system by a dealer or seller shall be sufficient to satisfy
    50  subdivisions four and five of this section  and  such  checks  shall  be
    51  conducted  through  such  system,  provided that a record of such trans-
    52  action shall be forwarded to the state police in a  form  determined  by
    53  the superintendent.
    54    § 9. Section 265.45 of the penal law, as amended by chapter 371 of the
    55  laws of 2022, is amended to read as follows:

        S. 9501                             9

     1  § 265.45 Failure  to  safely store rifles, shotguns, and firearms in the
     2               first degree.
     3    [1.] No person who owns or is custodian of a rifle, shotgun or firearm
     4  who  resides  with  an  individual  who: (i) is under [eighteen] sixteen
     5  years of age; (ii) such person knows or has reason to know is prohibited
     6  from possessing a rifle, shotgun or firearm pursuant to a  temporary  or
     7  final  extreme  risk protection order issued under article sixty-three-A
     8  of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4),  (8)
     9  or  (9);  or (iii) such person knows or has reason to know is prohibited
    10  from possessing a rifle, shotgun or firearm based on a conviction for  a
    11  felony  or a serious offense, shall store or otherwise leave such rifle,
    12  shotgun or firearm out of his or her  immediate  possession  or  control
    13  without  having  first securely locked such rifle, shotgun or firearm in
    14  an appropriate safe storage depository or rendered it incapable of being
    15  fired by use of a gun locking device appropriate to that weapon.
    16    [2. No person shall store or otherwise  leave  a  rifle,  shotgun,  or
    17  firearm out of his or her immediate possession or control inside a vehi-
    18  cle without first removing the ammunition from and securely locking such
    19  rifle, shotgun, or firearm in an appropriate safe storage depository out
    20  of sight from outside of the vehicle.
    21    3.]  For purposes of this section "safe storage depository" shall mean
    22  a safe or other secure container which, when  locked,  is  incapable  of
    23  being  opened  without the key, [keypad,] combination or other unlocking
    24  mechanism and is capable  of  preventing  an  unauthorized  person  from
    25  obtaining  access to and possession of the weapon contained therein [and
    26  shall be fire, impact, and tamper resistant]. Nothing  in  this  section
    27  shall  be deemed to affect, impair or supersede any special or local act
    28  relating to the safe storage  of  rifles,  shotguns  or  firearms  which
    29  impose  additional  requirements on the owner or custodian of such weap-
    30  ons. [For the purposes of subdivision  two  of  this  section,  a  glove
    31  compartment  or  glove  box  shall not be considered an appropriate safe
    32  storage depository.
    33    4.] It shall not be a violation of this section to allow a person less
    34  than [eighteen] sixteen years of age access to: (i) a firearm, rifle  or
    35  shotgun for lawful use as authorized under paragraph seven or seven-e of
    36  subdivision  a  of  section  265.20  of this article, or (ii) a rifle or
    37  shotgun for lawful use as authorized by article eleven of  the  environ-
    38  mental  conservation  law  when such person less than [eighteen] sixteen
    39  years of age is the holder of a hunting license or permit and such rifle
    40  or shotgun is used in accordance with such law.
    41    Failure to safely store rifles, shotguns, and firearms  in  the  first
    42  degree is a class A misdemeanor.
    43    § 10. Section 400.30 of the penal law is REPEALED.
    44    §  11.  Section  270.20 of the penal law, as amended by chapter 371 of
    45  the laws of 2022, is amended to read as follows:
    46  § 270.20 Unlawful wearing of a body [armor] vest.
    47    1. A person is guilty of the unlawful wearing of a body  [armor]  vest
    48  when  acting  either  alone or with one or more other persons he commits
    49  any violent felony offense defined in section 70.02 while  possessing  a
    50  firearm,  rifle  or  shotgun  and in the course of and in furtherance of
    51  such crime he or she wears a body [armor] vest.
    52    2. For the purposes of this section a "body [armor] vest"  means  [any
    53  product  that is a personal protective body covering intended to protect
    54  against gunfire, regardless of whether such product is to be worn  alone
    55  or  is  sold as a complement to another product or garment] a bullet-re-
    56  sistant soft body armor providing, as a minimum standard, the  level  of

        S. 9501                            10

     1  protection  known  as  threat  level  I  which shall mean at least seven
     2  layers of bullet-resistant  material  providing  protection  from  three
     3  shots  of one hundred fifty-eight grain lead ammunition fired from a .38
     4  calibre handgun at a velocity of eight hundred fifty feet per second.
     5    The unlawful wearing of a body [armor] vest is a class E felony.
     6    §  12.  Section  270.21 of the penal law, as amended by chapter 371 of
     7  the laws of 2022, is amended to read as follows:
     8  § 270.21 Unlawful purchase of a body [armor] vest.
     9    A person is guilty of the unlawful purchase of  a  body  [armor]  vest
    10  when,  not  being  engaged  or  employed in an eligible profession, they
    11  knowingly purchase or take possession of a body [armor]  vest,  as  such
    12  term  is  defined  in subdivision two of section 270.20 of this article.
    13  This section shall not apply  to  individuals  or  entities  engaged  or
    14  employed in eligible professions, which shall include police officers as
    15  defined in section 1.20 of the criminal procedure law, peace officers as
    16  defined  in section 2.10 of the criminal procedure law, persons in mili-
    17  tary service in the state of New York or military or other  service  for
    18  the  United States, and such other professions designated by the depart-
    19  ment of state in accordance with section one hundred forty-four-a of the
    20  executive law.
    21    Unlawful purchase of a body [armor] vest is a class A misdemeanor  for
    22  a first offense and a class E felony for any subsequent offense.
    23    §  13.  Section  270.22 of the penal law, as amended by chapter 371 of
    24  the laws of 2022, is amended to read as follows:
    25  § 270.22 Unlawful sale of a body [armor] vest.
    26    A person is guilty of the unlawful sale of a body  [armor]  vest  when
    27  they  sell,  exchange,  give  or dispose of a body [armor] vest, as such
    28  term is defined in subdivision two of section 270.20 of this article, to
    29  an individual whom they know or reasonably  should  have  known  is  not
    30  engaged  or  employed in an eligible profession, as such term is defined
    31  in section 270.21 of this article.
    32    Unlawful sale of a body [armor] vest is a class A misdemeanor for  the
    33  first offense and a class E felony for any subsequent offense.
    34    § 14. Section 396-eee of the general business law, as amended by chap-
    35  ter 371 of the laws of 2022, is amended to read as follows:
    36    §  396-eee.  Unlawful  sale  or  delivery of body [armor] vests. 1. No
    37  person, firm or corporation shall sell or deliver body [armor] vests  to
    38  any  individual or entity not engaged or employed in an eligible profes-
    39  sion, and except as provided in subdivision [two] three of this section,
    40  no such sale or delivery shall be permitted unless the transferee  meets
    41  in person with the transferor to accomplish such sale or delivery.
    42    2.  The  provisions  of  subdivision  one of this section regarding in
    43  person sale or delivery shall not apply to purchases made by  [federal,]
    44  state[,] or local government agencies for the purpose of furnishing such
    45  body [armor] vests to employees in eligible professions.
    46    3.  For  the  purposes of this section, "body [armor] vest" shall have
    47  the same meaning as defined in subdivision two of section 270.20 of  the
    48  penal law.
    49    4. Any person, firm or corporation that violate the provisions of this
    50  section shall be guilty of a violation punishable by a fine in an amount
    51  not  to  exceed  five  thousand  dollars for the first offense and in an
    52  amount not to exceed ten thousand dollars for any subsequent offense.
    53    § 15. Section 144-a of the executive law, as amended by chapter 371 of
    54  the laws of 2022, is amended to read as follows:
    55    § 144-a. Eligible professions for the purchase, sale, and use of  body
    56  [armor] vests.  The secretary of state in consultation with the division

        S. 9501                            11

     1  of  criminal  justice  services,  the  division of homeland security and
     2  emergency services, the department of corrections and  community  super-
     3  vision,  the  division  of  the  state police, and the office of general
     4  services  shall  promulgate  rules and regulations to establish criteria
     5  for eligible professions requiring the use of a body  [armor]  vest,  as
     6  such  term  is defined in subdivision two of section 270.20 of the penal
     7  law. Such professions shall include those in which the duties may expose
     8  the individual to serious physical injury that may be prevented or miti-
     9  gated by the wearing of a body [armor] vest.  Such rules and regulations
    10  shall also include a process  by  which  an  individual  or  entity  may
    11  request that the profession in which they engage be added to the list of
    12  eligible  professions,  a  process by which the department shall approve
    13  such professions, and a process by which individuals  and  entities  may
    14  present  proof  of  engagement in eligible professions when purchasing a
    15  body [armor] vest.
    16    § 16. Section 228 of the executive law is REPEALED.
    17    § 17. Subdivision 2 of section 898 of the  general  business  law,  as
    18  amended  by  chapter  371  of  the  laws  of 2022, is amended to read as
    19  follows:
    20    2. Before any sale, exchange or disposal pursuant to this  article,  a
    21  national instant criminal background check must be completed by a dealer
    22  who  [shall submit a request to the division of state police pursuant to
    23  section two hundred twenty-eight  of  the  executive  law]  consents  to
    24  conduct  such check, and upon completion of such background check, shall
    25  complete a document, the form of which shall be approved by  the  super-
    26  intendent  of state police, that identifies and confirms that such check
    27  was performed. Before a dealer who [has submitted a request to the divi-
    28  sion of state police] consents to conduct a  national  instant  criminal
    29  background  check  delivers  a  firearm, rifle or shotgun to any person,
    30  either (a) NICS [shall have] issued a "proceed" response to the  dealer,
    31  or (b) thirty calendar days shall have elapsed since the date the dealer
    32  [submitted  a  request  to  the division of state police to contact the]
    33  contacted NICS to initiate a national instant criminal background  check
    34  and NICS has not notified the [division of state police] dealer that the
    35  transfer  of  the  firearm,  rifle  or  shotgun to such person should be
    36  denied.
    37    § 18. Paragraph (c) of subdivision 1 of section  896  of  the  general
    38  business  law, as amended by chapter 371 of the laws of 2022, is amended
    39  to read as follows:
    40    (c) [coordinate with the division of state police to]  provide  access
    41  at  the  gun  show to a firearm dealer licensed under federal law who is
    42  authorized to perform  a  national  instant  criminal  background  check
    43  [prior  to  any firearm sale or transfer] where the seller or transferor
    44  of a firearm, rifle or shotgun is not authorized to conduct such a check
    45  by (i) requiring firearm exhibitors who  are  firearm  dealers  licensed
    46  under  federal  law and who are authorized to conduct a national instant
    47  criminal background check to provide such a check at cost or (ii) desig-
    48  nating a specific location at  the  gun  show  where  a  firearm  dealer
    49  licensed  under  federal  law  who  is  authorized to conduct a national
    50  instant criminal background check will be  present  to  perform  such  a
    51  check  at  cost.  Any  firearm  dealer  licensed  under  federal law who
    52  [submits a request to the division of state police to perform]  performs
    53  a  national instant criminal background check pursuant to this paragraph
    54  shall provide the seller or transferor of the firearm, rifle or  shotgun
    55  with a copy of the United States Department of Treasury, Bureau of Alco-
    56  hol, Tobacco and Firearms Form ATF F 4473 and such dealer shall maintain

        S. 9501                            12

     1  such form and make such form available for inspection by law enforcement
     2  agencies for a period of ten years thereafter.
     3    § 19. Section 19 of chapter 371 of the laws of 2022 is REPEALED.
     4    § 20. Section 400.06 of the penal law is REPEALED.
     5    § 21. Section 99-pp of the state finance law is REPEALED.
     6    § 22. Subdivision 19 of section 265.00 of the penal law, as amended by
     7  chapter 371 of the laws of 2022, is amended to read as follows:
     8    19. "Duly authorized instructor" means (a) a duly commissioned officer
     9  of  the United States army, navy, marine corps or coast guard, or of the
    10  national guard of the state of New York; or (b) a duly  qualified  adult
    11  citizen  of  the  United States who has been granted a certificate as an
    12  instructor in small arms practice issued by the United States army, navy
    13  or marine corps, or by the adjutant general of this state,  [or  by  the
    14  division of criminal justice services,] or by the national rifle associ-
    15  ation  of America, a not-for-profit corporation duly organized under the
    16  laws of this state; or (c) [by] a person duly qualified  and  designated
    17  by  the  department  of  environmental conservation under paragraph c of
    18  subdivision three of section 11-0713 of the  environmental  conservation
    19  law  as its agent in the giving of instruction and the making of certif-
    20  ications of qualification in responsible hunting practices; or (d) a New
    21  York state 4-H certified shooting sports instructor.
    22    § 23. Subdivision 18 of section 400.00 of the penal law, as amended by
    23  chapter 371 of the laws of 2022, is amended to read as follows:
    24    18. Notice. Upon the issuance of  a  license,  the  licensing  officer
    25  shall  issue  therewith[,  and such licensee shall attest to the receipt
    26  of,] the following [information and notifications: (a) the  grounds  for
    27  which  the license issued may be revoked, which shall include but not be
    28  limited to the areas and locations for which the licenses  issued  under
    29  paragraph   (f)  of  subdivision  two  of  this  section  prohibits  the
    30  possession of firearms, rifles, and  shotguns,  and  that  a  conviction
    31  under  sections  265.01-d  and 265.01-e of this chapter are felonies for
    32  which licensure will be revoked;
    33    (b) a notification regarding the requirements for safe  storage  which
    34  shall  be]  notice  in conspicuous and legible twenty-four point type on
    35  eight and one-half inches by eleven inches paper stating in  bold  print
    36  the following:
    37    WARNING:  RESPONSIBLE  FIREARM  STORAGE  IS THE LAW IN NEW YORK STATE.
    38  [WHEN STORED IN A HOME] FIREARMS[, RIFLES, OR SHOTGUNS] MUST  EITHER  BE
    39  STORED  WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT
    40  BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL  OF  THE  OWNER  OR
    41  OTHER LAWFUL POSSESSOR IF A CHILD [UNDER THE AGE OF EIGHTEEN] RESIDES IN
    42  THE  HOME  OR  IS  PRESENT,  OR IF THE OWNER OR POSSESSOR RESIDES WITH A
    43  PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL  LAW.
    44  FIREARMS  SHOULD BE STORED [BY REMOVING THE AMMUNITION FROM AND SECURELY
    45  LOCKING SUCH FIREARM] UNLOADED AND LOCKED IN A  LOCATION  SEPARATE  FROM
    46  AMMUNITION.  LEAVING  FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED
    47  PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. [WHEN STORED IN A
    48  VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR  CONTROL,  FIREARMS,
    49  RIFLES,  AND  SHOTGUNS  MUST  BE  STORED  IN AN APPROPRIATE SAFE STORAGE
    50  DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.
    51    (c) any other information necessary to ensure such licensee  is  aware
    52  of their responsibilities as a license holder.]
    53    Nothing  in  this  subdivision  shall  be  deemed to affect, impair or
    54  supersede any special or local law relating to providing notice  regard-
    55  ing the safe storage of rifles, shotguns or firearms.

        S. 9501                            13

     1    §  23-a.    Subdivision  19  of  section  400.00  of  the penal law is
     2  REPEALED.
     3    §  24.  Subdivisions  11 and 12 of section 265.00 of the penal law, as
     4  amended by chapter 371 of the laws of  2022,  are  amended  to  read  as
     5  follows:
     6    11. "Rifle" means a weapon designed or redesigned, made or remade, and
     7  intended  to  be  fired from the shoulder and designed or redesigned and
     8  made or remade to use the energy of the explosive in  a  fixed  metallic
     9  cartridge  to  fire  only  a single projectile through a rifled bore for
    10  each single pull of  the  trigger  [using  either:  (a)  fixed  metallic
    11  cartridge;  or (b) each projectile and explosive charge are loaded indi-
    12  vidually for each shot discharged. In addition to common, modern  usage,
    13  rifles include those using obsolete ammunition not commonly available in
    14  commercial  trade,  or  that  load  through the muzzle and fire a single
    15  projectile with each discharge, or  loading,  including  muzzle  loading
    16  rifles, flintlock rifles, and black powder rifles].
    17    12.  "Shotgun"  means a weapon designed or redesigned, made or remade,
    18  and intended to be fired from the shoulder and  designed  or  redesigned
    19  and made or remade to use the energy of the explosive in a fixed shotgun
    20  shell  to fire through a smooth [or rifled] bore either a number of ball
    21  shot or a single projectile for each single pull of the  trigger  [using
    22  either: (a) a fixed shotgun shell; or (b) a projectile or number of ball
    23  shot  and  explosive  charge  are  loaded  individually  for  each  shot
    24  discharged. In addition to common, modern usage, shotguns include  those
    25  using obsolete ammunition not commonly available in commercial trade, or
    26  that load through the muzzle and fires ball shot with each discharge, or
    27  loading,  including  muzzle  loading  shotguns,  flintlock shotguns, and
    28  black powder shotguns].
    29    § 25. Severability. If any clause, sentence, paragraph or  section  of
    30  this  act shall be adjudged by any court of competent jurisdiction to be
    31  invalid, the judgment shall not affect, impair or invalidate the remain-
    32  der thereof, but shall be confined  in  its  operation  to  the  clause,
    33  sentence,  paragraph or section thereof directly involved in the contro-
    34  versy in which the judgment shall have been rendered.
    35    § 26. This act shall take effect on the same  date  and  in  the  same
    36  manner as chapter 371 of the laws of 2022, takes effect.