STATE OF NEW YORK
        ________________________________________________________________________

                                          4511

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2023
                                       ___________

        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to prohibiting the  provision
          of  licenses  for  firearms  to  persons on the federal no-fly list or
          terrorist screening database; to amend the criminal procedure law,  in
          relation to revoking or suspending firearms licenses of persons on the
          federal  no-fly list or terrorist screening database; and to amend the
          executive law, in relation to requiring the  superintendent  of  state
          police  to search the federal no-fly list or terrorist screening data-
          base and report findings to appropriate enforcement agencies

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

     1    Section  1.  This  act  shall  be  known and may be cited as the "Deny
     2  Firearms to Dangerous Terrorists Act".
     3    § 2. Subdivision 1 of section 400.00 of the penal law,  as  separately
     4  amended  by chapters 371 and 669 of the laws of 2022, is amended to read
     5  as follows:
     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07054-01-3

        A. 4511                             2

     1  commission  of  a  felony  or serious offense; (d) who is not a fugitive
     2  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
     3  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
     4  a  noncitizen (i) is not illegally or unlawfully in the United States or
     5  (ii) has not been admitted to the United  States  under  a  nonimmigrant
     6  visa  subject  to  the exception in 18 U.S.C. 922(y)(2); (g) who has not
     7  been discharged from the Armed Forces under dishonorable conditions; (h)
     8  who, having been a citizen of the United States, has not  renounced  his
     9  or  her  citizenship;  (i)  who  has  stated  whether he or she has ever
    10  suffered any mental illness; (j) who has not been involuntarily  commit-
    11  ted  to a facility under the jurisdiction of an office of the department
    12  of mental hygiene pursuant to article nine  or  fifteen  of  the  mental
    13  hygiene law, article seven hundred thirty or section 330.20 of the crim-
    14  inal  procedure  law  or  substantially similar laws of any other state,
    15  section four hundred two or five hundred eight of  the  correction  law,
    16  section  322.2  or  353.4  of the family court act, has not been civilly
    17  confined in a secure treatment facility pursuant to article ten  of  the
    18  mental  hygiene law, or has not been the subject of a report made pursu-
    19  ant to section 9.46 of the mental hygiene law; (k) who  has  not  had  a
    20  license  revoked or who is not under a suspension or ineligibility order
    21  issued pursuant to the provisions of  section  530.14  of  the  criminal
    22  procedure  law  or section eight hundred forty-two-a of the family court
    23  act; (l) in the county of Westchester, who has successfully completed  a
    24  firearms  safety  course  and  test  as  evidenced  by  a certificate of
    25  completion issued in his or her name and endorsed and affirmed under the
    26  penalties of perjury by a duly authorized instructor, except  that:  (i)
    27  persons  who are honorably discharged from the United States army, navy,
    28  marine corps or coast guard, or of the national guard of  the  state  of
    29  New  York,  and  produce  evidence of official qualification in firearms
    30  during the term of service are not  required  to  have  completed  those
    31  hours  of a firearms safety course pertaining to the safe use, carrying,
    32  possession, maintenance and storage of a firearm; (ii) persons who  were
    33  licensed  to possess a pistol or revolver prior to the effective date of
    34  this paragraph are not required to  have  completed  a  firearms  safety
    35  course  and test, provided, however, persons with a license issued under
    36  paragraph (f) of subdivision two of this section prior to the  effective
    37  date  of [the laws] chapter three hundred seventy-one of the laws of two
    38  thousand twenty-two [which amended this paragraph] shall be required  to
    39  complete  the  training required by subdivision nineteen of this section
    40  prior to the recertification of such license; and (iii) persons applying
    41  for a license under paragraph (f) of subdivision two of this section  on
    42  or  after  the effective date of [the] chapter three hundred seventy-one
    43  of the laws of two thousand twenty-two [which  amended  this  paragraph]
    44  who  shall  be required to complete the training required under subdivi-
    45  sion nineteen of this section for such license; (m) who has  not  had  a
    46  guardian  appointed  for  him  or her pursuant to any provision of state
    47  law, based on a determination that  as  a  result  of  marked  subnormal
    48  intelligence,  mental  illness,  incompetency,  incapacity, condition or
    49  disease, he or she lacks the mental capacity to contract or  manage  his
    50  or  her  own  affairs;  (n)  for a license issued under paragraph (f) of
    51  subdivision two of  this  section,  that  the  applicant  has  not  been
    52  convicted within five years of the date of the application of any of the
    53  following: (i) assault in the third degree, as defined in section 120.00
    54  of  this chapter; (ii) misdemeanor driving while intoxicated, as defined
    55  in section eleven hundred ninety-two of the vehicle and traffic law;  or
    56  (iii)  menacing, as defined in section 120.15 of this chapter; [and] (o)

        A. 4511                             3

     1  for a license issued under paragraph (f)  of  subdivision  two  of  this
     2  section,  the  applicant shall meet in person with the licensing officer
     3  for an interview and shall, in addition  to  any  other  information  or
     4  forms  required by the license application submit to the licensing offi-
     5  cer the following information: (i) names and contact information for the
     6  applicant's current spouse, or domestic partner, any other adults resid-
     7  ing in the applicant's home, including any adult children of the  appli-
     8  cant,  and  whether  or not there are minors residing, full time or part
     9  time, in the applicant's home; (ii) names and contact information of  no
    10  less  than  four  character references who can attest to the applicant's
    11  good moral character and that such applicant  has  not  engaged  in  any
    12  acts,  or  made any statements that suggest they are likely to engage in
    13  conduct that would result in harm to themselves or others; (iii) certif-
    14  ication of completion of the training required in  subdivision  nineteen
    15  of this section; (iv) a list of former and current social media accounts
    16  of  the  applicant  from the past three years to confirm the information
    17  regarding the applicants character and conduct as required  in  subpara-
    18  graph (ii) of this paragraph; and (v) such other information required by
    19  the  licensing  officer  that is reasonably necessary and related to the
    20  review of the licensing application; and (p) who has not been listed  on
    21  the  federal no-fly list or terrorist screening database operated by the
    22  federal bureau of investigation.
    23    § 3. Section 530.14 of the criminal procedure law is amended by adding
    24  a new subdivision 3-a to read as follows:
    25    3-a. Revocation or suspension of license upon a finding that the hold-
    26  er of the firearm license is a suspected terrorist. Where  the  division
    27  of  state  police  finds that a holder of a firearm license is listed on
    28  the federal no-fly list or terrorist screening database operated by  the
    29  federal  bureau  of  investigation,  the  division of state police shall
    30  immediately revoke the holder's license.  The individual shall be  noti-
    31  fied in writing within thirty days of the revocation.
    32    §  4.  Section  223  of  the  executive law is amended by adding a new
    33  subdivision 3 to read as follows:
    34    3. The superintendent shall search the federal no-fly list or  terror-
    35  ist screening database at least once each year and upon a finding that a
    36  firearm license holder is on such a list, the superintendent shall imme-
    37  diately notify all appropriate law enforcement agencies and shall direct
    38  the  state  police  to  remove any and all such firearms until such time
    39  that the individual is no longer on the federal no-fly list or terrorist
    40  screening database.
    41    § 5. Section 223 of the executive law, as amended by  section  3-b  of
    42  part  MM  of  chapter  54  of  the  laws  of 2016, is amended to read as
    43  follows:
    44    § 223. Duties and powers of the superintendent of state police and  of
    45  members  of the state police. 1. It shall be the duty of the superinten-
    46  dent of the state police and of members of the state police  to  prevent
    47  and  detect crime and apprehend criminals. They shall also be subject to
    48  the call of the governor and are empowered to co-operate with any  other
    49  department  of  the  state  or  with  local authorities. They shall also
    50  collect and analyze information relating to prevention and detection  of
    51  terrorist  threats  and  terrorist  activities  throughout the state and
    52  share all such information subject to paragraph (g) of  subdivision  two
    53  of  section  seven  hundred  nine  of this chapter among the division of
    54  homeland security and emergency services and local, state,  and  federal
    55  law  enforcement  agencies  to  ensure  the  coordination of appropriate
    56  intelligence to assist in the early identification of  and  response  to

        A. 4511                             4

     1  potential  terrorist  threats  and terrorist activities. They shall have
     2  power to arrest, without a warrant, any person committing or  attempting
     3  to  commit  within their presence or view a breach of the peace or other
     4  violation  of  law,  to  serve  and execute warrants of arrest or search
     5  issued by proper authority and to exercise all other  powers  of  police
     6  officers  of  the  state  of  New  York. Any such warrants issued by any
     7  magistrate of the state may be executed by them in any part of the state
     8  according to the tenor thereof without  [indorsement]  endorsement.  But
     9  they  shall  not  exercise their powers within the limits of any city to
    10  suppress rioting and disorder except by direction  of  the  governor  or
    11  upon  the  request  of  the  mayor  of the city with the approval of the
    12  governor. Any member of the rank of sergeant or above may take  pre-arr-
    13  aignment  bail  from  any defendant in the amounts and under the circum-
    14  stances and conditions that police may take bail.
    15    2. The superintendent shall search the federal no-fly list or  terror-
    16  ist screening database at least once each year and upon a finding that a
    17  firearm license holder is on such a list, the superintendent shall imme-
    18  diately notify all appropriate law enforcement agencies and shall direct
    19  the  state  police  to  remove any and all such firearms until such time
    20  that the individual is no longer on the federal no-fly list or terrorist
    21  screening database.
    22    § 6. The superintendent of state police and the commissioner of crimi-
    23  nal justice services shall promulgate any regulations necessary for  the
    24  provisions of this act to take effect.
    25    §  7.  This  act  shall take effect immediately; provided however, the
    26  provisions of this act shall not take effect until the superintendent of
    27  state police receives approval to access the information on the  federal
    28  no-fly  list  or  terrorist screening database from the relevant federal
    29  agencies; provided further that the amendments to  section  223  of  the
    30  executive  law  made by section four of this act shall be subject to the
    31  expiration and reversion of such section pursuant to section 3 of  chap-
    32  ter  428  of  the  laws  of  1999,  as  amended, when upon such date the
    33  provisions of section five of this act shall take effect; provided  that
    34  the  superintendent  of  state  police shall notify the legislative bill
    35  drafting commission upon the occurrence of the enactment of  the  legis-
    36  lation  provided  for in this act in order that the commission may main-
    37  tain an accurate and timely effective database of the official  text  of
    38  the  laws  of  the  state of New York in furtherance of effectuating the
    39  provisions of section 44 of the legislative law and section 70-b of  the
    40  public officers law.