STATE OF NEW YORK
        ________________________________________________________________________

                                          5049

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

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

        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, subdivision 1 as separately amended  by
     4  chapter 669 of the laws of 2022, are amended to read as follows:
     5  [Licensing and other provisions relating to] Licenses to carry, possess,
     6             repair and dispose of firearms.
     7    1. Eligibility. No license shall be issued or renewed pursuant to this
     8  section  except  by  the licensing officer, and then only after investi-
     9  gation and finding that all statements in a  proper  application  for  a
    10  license  are  true.  No license shall be issued or renewed except for an
    11  applicant (a) twenty-one years of age or older, provided, however,  that
    12  where  such  applicant  has  been  honorably  discharged from the United
    13  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    14  national  guard  of the state of New York, no such age restriction shall
    15  apply; (b) of good moral character[, which, for  the  purposes  of  this
    16  article,  shall  mean  having  the  essential character, temperament and
    17  judgement necessary to be entrusted with a weapon and to use it only  in
    18  a manner that does not endanger oneself or others]; (c) who has not been
    19  convicted  anywhere  of  a felony or a serious offense or who is not the
    20  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.
                                                                   LBD05601-01-3

        A. 5049                             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; and (ii)  persons  who
    33  were  licensed  to  possess  a pistol or revolver prior to the effective
    34  date of this paragraph are not required to  have  completed  a  firearms
    35  safety  course  and  test[,  provided,  however,  persons with a license
    36  issued under paragraph (f) of subdivision two of this section  prior  to
    37  the  effective date of the laws of two thousand twenty-two which amended
    38  this paragraph shall be required to complete the  training  required  by
    39  subdivision  nineteen  of  this  section prior to the recertification of
    40  such license; and (iii) persons applying for a license  under  paragraph
    41  (f) of subdivision two of this section on or after the effective date of
    42  the  chapter  of  the laws of two thousand twenty-two which amended this
    43  paragraph who shall be required to complete the training required  under
    44  subdivision  nineteen of this section for such license;] (m) who has not
    45  had a guardian appointed for him or her pursuant  to  any  provision  of
    46  state law, based on a determination that as a result of marked subnormal
    47  intelligence,  mental  illness, [incompetency,] incapacity, condition or
    48  disease, he or she lacks the mental capacity to contract or  manage  his
    49  or  her  own  affairs;  [(n) for a license issued under paragraph (f) of
    50  subdivision two of  this  section,  that  the  applicant  has  not  been
    51  convicted within five years of the date of the application of any of the
    52  following: (i) assault in the third degree, as defined in section 120.00
    53  of  this chapter; (ii) misdemeanor driving while intoxicated, as defined
    54  in section eleven hundred ninety-two of the vehicle and traffic law;  or
    55  (iii)  menacing,  as  defined in section 120.15 of this chapter; and (o)
    56  for a license issued under paragraph (f)  of  subdivision  two  of  this

        A. 5049                             3

     1  section,  the  applicant shall meet in person with the licensing officer
     2  for an interview and shall, in addition  to  any  other  information  or
     3  forms  required by the license application submit to the licensing offi-
     4  cer the following information: (i) names and contact information for the
     5  applicant's current spouse, or domestic partner, any other adults resid-
     6  ing  in the applicant's home, including any adult children of the appli-
     7  cant, and whether or not there are minors residing, full  time  or  part
     8  time,  in the applicant's home; (ii) names and contact information of no
     9  less than four character references who can attest  to  the  applicant's
    10  good  moral  character  and  that  such applicant has not engaged in any
    11  acts, or made any statements that suggest they are likely to  engage  in
    12  conduct that would result in harm to themselves or others; (iii) certif-
    13  ication  of  completion of the training required in subdivision nineteen
    14  of this section; (iv) a list of former and current social media accounts
    15  of the applicant from the past three years to  confirm  the  information
    16  regarding  the  applicants character and conduct as required in subpara-
    17  graph (ii) of this paragraph; and (v) such other information required by
    18  the licensing officer that is reasonably necessary and  related  to  the
    19  review  of  the  licensing  application] and (n) concerning whom no good
    20  cause exists for the denial of the license.
    21    [1-a.] No person shall engage in the business of gunsmith or dealer in
    22  firearms unless licensed pursuant  to  this  section.  An  applicant  to
    23  engage  in  such  business shall also be a citizen of the United States,
    24  more than twenty-one years of age and [shall be required] to maintain  a
    25  place of business in the city or county where the license is issued. For
    26  such  business,  if  the applicant is a firm or partnership, each member
    27  thereof shall comply with all of the  requirements  set  forth  in  this
    28  subdivision  and if the applicant is a corporation, each officer thereof
    29  shall so comply.
    30    [1-b.] 1-a. For purposes of subdivision one of this  section,  serious
    31  offense shall include an offense in any jurisdiction or the former penal
    32  law  that includes all of the essential elements of a serious offense as
    33  defined by subdivision seventeen of  section  265.00  of  this  chapter.
    34  Nothing in this subdivision shall preclude the denial of a license based
    35  on  the  commission  of,  arrest  for or conviction of an offense in any
    36  other jurisdiction which does not include all of the essential  elements
    37  of a serious offense.
    38    2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
    39  shall be issued to engage in such business. A license for a semiautomat-
    40  ic rifle, other than an assault weapon or disguised gun, shall be issued
    41  to purchase or take possession of such a [semiautomatic  rifle]  firearm
    42  when such transfer of ownership occurs on or after the effective date of
    43  the  chapter [two hundred twelve] of the laws of two thousand twenty-two
    44  that amended this subdivision. A license for a pistol or revolver, other
    45  than an assault weapon or a disguised gun, shall be issued to  (a)  have
    46  and  possess  in  his dwelling by a householder; (b) have and possess in
    47  his place of business by a merchant or storekeeper; (c) have  and  carry
    48  concealed  while so employed by a messenger employed by a banking insti-
    49  tution or express company; (d) have and carry concealed by a justice  of
    50  the  supreme  court in the first or second judicial departments, or by a
    51  judge of the New York city civil court or the  New  York  city  criminal
    52  court;  (e)  have  and  carry  concealed  while so employed by a regular
    53  employee of an institution of the state, or of any county, city, town or
    54  village, under control of a commissioner of correction of  the  city  or
    55  any  warden, superintendent or head keeper of any state prison, peniten-
    56  tiary, workhouse, county jail or other institution for the detention  of

        A. 5049                             4

     1  persons  convicted  or accused of crime or held as witnesses in criminal
     2  cases, provided that application is made therefor by such  commissioner,
     3  warden,  superintendent  or  head  keeper; (f) have and carry concealed,
     4  without  regard  to  employment  or  place of possession [subject to the
     5  restrictions of state and federal law], by any person when proper  cause
     6  exists  for  the  issuance  thereof;  and (g) have, possess, collect and
     7  carry antique pistols which are defined as follows: (i) any single shot,
     8  muzzle loading pistol with a matchlock, flintlock,  percussion  cap,  or
     9  similar type of ignition system manufactured in or before 1898, which is
    10  not  designed for using rimfire or conventional centerfire fixed ammuni-
    11  tion; and (ii) any replica of any pistol described in clause (i)  hereof
    12  if such replica[;]:
    13    (1)  is  not  designed or redesigned for using rimfire or conventional
    14  centerfire fixed ammunition, or
    15    (2) uses rimfire or conventional centerfire fixed ammunition which  is
    16  no  longer  manufactured  in  the United States and which is not readily
    17  available in the ordinary channels of commercial trade.
    18    4-a. [Appeals from denial of an application, renewal,  recertification
    19  or  license  revocation.  If an application for a license is denied, not
    20  renewed, not recertified, or revoked, the licensing officer shall  issue
    21  a  written  notice  to  the applicant setting forth the reasons for such
    22  denial. An applicant may, within ninety days of receipt of such  notice,
    23  request  a  hearing to appeal the denial to the appeals board created by
    24  the division of criminal justice  services  and  the  superintendent  of
    25  state police. An individual may be represented by counsel at any appear-
    26  ance  before  the  appeals board and shall be afforded an opportunity to
    27  present additional evidence in support of their application. The commis-
    28  sioner of criminal justice services  and  the  superintendent  of  state
    29  police  shall  promulgate  rules  and regulations governing such appeals
    30  process.
    31    4-b.] Processing of license applications.  Applications  for  licenses
    32  shall be accepted for processing by the licensing officer at the time of
    33  presentment.  Except  upon  written notice to the applicant specifically
    34  stating the reasons for any delay, in each case  the  licensing  officer
    35  shall  act  upon  any application for a license pursuant to this section
    36  within six months of the date of presentment of such an  application  to
    37  the  appropriate  authority.  Such  delay may only be for good cause and
    38  with respect to the  applicant.  In  acting  upon  an  application,  the
    39  licensing  officer shall either deny the application for reasons specif-
    40  ically and concisely stated in writing  or  grant  the  application  and
    41  issue the license applied for.
    42    [4-c.]  4-b. Westchester county firearms safety course certificate. In
    43  the county of Westchester, at the time  of  application,  the  licensing
    44  officer to which the license application is made shall provide a copy of
    45  the safety course booklet to each license applicant. Before such license
    46  is  issued,  such  licensing  officer  shall  require that the applicant
    47  submit a certificate of  successful  completion  of  a  firearms  safety
    48  course  and  test  issued  in  his or her name and endorsed and affirmed
    49  under the penalties of perjury by a duly authorized instructor.
    50    10. License: expiration, certification and renewal.  (a)  Any  license
    51  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
    52  license to carry or possess a pistol or revolver,  issued  at  any  time
    53  pursuant  to  this  section  or prior to the first day of July, nineteen
    54  hundred sixty-three and not limited to expire on an earlier  date  fixed
    55  in the license, shall[, except as otherwise provided in paragraph (d) of
    56  this  subdivision,]  expire  not more than three years after the date of

        A. 5049                             5

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

        A. 5049                             6

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

        A. 5049                             7

     1  declared  a  nuisance  and  any  police  officer or peace officer acting
     2  pursuant to his or her special duties is authorized to  remove  any  and
     3  all such weapons.
     4    § 2. Subdivision 23 of section 837 of the executive law is REPEALED.
     5    § 3. Section 235 of the executive law is REPEALED.
     6    § 4. Section 265.01-e of the penal law is REPEALED.
     7    § 5. Section 265.01-d of the penal law is REPEALED.
     8    § 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law
     9  is REPEALED.
    10    § 7. Section 400.02 of the penal law, as amended by chapter 371 of the
    11  laws of 2022, is amended to read as follows:
    12  § 400.02 Statewide license and record database.
    13    [1.]  There  shall  be  a  statewide license and record database which
    14  shall be created and maintained by the division of state police the cost
    15  of which shall not be borne by any municipality.  Records  assembled  or
    16  collected  for  purposes  of  inclusion  in  such  database shall not be
    17  subject to disclosure pursuant to article six  of  the  public  officers
    18  law. [All records] Records containing granted license applications [from
    19  all  licensing  authorities]  shall be [monthly] periodically checked by
    20  the division of criminal justice services [in conjunction with the divi-
    21  sion of state police] against  criminal  conviction,  [criminal  indict-
    22  ment,]  mental  health,  [extreme  risk  protection  orders,  orders  of
    23  protection,] and all other records as are necessary to  determine  their
    24  continued accuracy as well as whether an individual is no longer a valid
    25  license  holder.  The  division  of criminal justice services shall also
    26  check pending applications made pursuant to this  article  against  such
    27  records  to  determine  whether a license may be granted. All state [and
    28  local] agencies shall cooperate with the division  of  criminal  justice
    29  services, as otherwise authorized by law, in making their records avail-
    30  able  for  such  checks. The division of criminal justice services, upon
    31  determining that an individual is ineligible to possess a license, or is
    32  no longer a valid license holder, shall notify the applicable  licensing
    33  official  of  such  determination  and such licensing official shall not
    34  issue a license or [shall] revoke such license and any weapons owned  or
    35  possessed  by  such  individual  shall  be  removed  consistent with the
    36  provisions of subdivision eleven of  section  400.00  of  this  article.
    37  Local  and  state  law enforcement shall have access to such database in
    38  the performance of their duties.  Records  assembled  or  collected  for
    39  purposes  of inclusion in the database established by this section shall
    40  be released pursuant to a court order.
    41    [2. There shall be a statewide license and  record  database  specific
    42  for  ammunition sales which shall be created and maintained by the divi-
    43  sion of state police the cost of which shall not be borne by any munici-
    44  pality no later than thirty days upon designating the division of  state
    45  police  as  the  point of contact to perform both firearm and ammunition
    46  background checks under federal and  state  law.  Records  assembled  or
    47  collected  for  purposes  of  inclusion  in  such  database shall not be
    48  subject to disclosure pursuant to article six  of  the  public  officers
    49  law.  All  records  containing  granted  license  applications  from all
    50  licensing authorities shall be monthly checked by the division of crimi-
    51  nal justice services in conjunction with the division  of  state  police
    52  against   criminal  conviction,  criminal  indictments,  mental  health,
    53  extreme risk protection orders, orders  of  protection,  and  all  other
    54  records  as  are necessary to determine their continued accuracy as well
    55  as whether an individual is no longer a valid license holder. The  divi-
    56  sion  of criminal justice services shall also check pending applications

        A. 5049                             8

     1  made pursuant to this article against such records to determine  whether
     2  a  license  may be granted. All state and local agencies shall cooperate
     3  with the division of criminal justice services, as otherwise  authorized
     4  by law, in making their records available for such checks. No later than
     5  thirty  days after the superintendent of the state police certifies that
     6  the statewide license and record database established pursuant  to  this
     7  section  and  the  statewide license and record database established for
     8  ammunition sales are operational for the purposes  of  this  section,  a
     9  dealer  in firearms licensed pursuant to section 400.00 of this article,
    10  a seller of ammunition as defined in subdivision twenty-four of  section
    11  265.00  of  this  chapter shall not transfer any ammunition to any other
    12  person who is not a dealer in firearms as defined in subdivision nine of
    13  such section 265.00 or a seller of ammunition as defined in  subdivision
    14  twenty-four of section 265.00 of this chapter, unless:
    15    (a)  before  the  completion  of  the transfer, the licensee or seller
    16  contacts the statewide license and  record  database  and  provides  the
    17  database  with  information sufficient to identify such dealer or seller
    18  transferee based on information on the transferee's identification docu-
    19  ment as defined in paragraph (c) of this subdivision,  as  well  as  the
    20  amount,  caliber, manufacturer's name and serial number, if any, of such
    21  ammunition;
    22    (b) the licensee or seller is provided with  a  unique  identification
    23  number; and
    24    (c)  the  transferor  has  verified  the identity of the transferee by
    25  examining a valid state identification document of the transferee issued
    26  by the department of motor vehicles or if the transferee is not a  resi-
    27  dent of the state of New York, a valid identification document issued by
    28  the  transferee's  state or country of residence containing a photograph
    29  of the transferee.]
    30    § 8. Subdivisions 2 and 6 of section  400.03  of  the  penal  law,  as
    31  amended  by section 8 of chapter 371 of the laws of 2022, are amended to
    32  read as follows:
    33    2. Any seller of ammunition or dealer in firearms shall  keep  [either
    34  an  electronic  record, or dataset, or an organized collection of struc-
    35  tured information, or data, typically stored electronically in a comput-
    36  er system] a record book approved as to form by  the  superintendent  of
    37  state  police.  In the record book shall be entered at the time of every
    38  transaction involving ammunition the date,  name,  age,  occupation  and
    39  residence  of  any  person  from  whom ammunition is received or to whom
    40  ammunition is delivered, and the amount,  calibre,  manufacturer's  name
    41  and  serial number, or if none, any other distinguishing number or iden-
    42  tification mark on such ammunition.  The record book shall be maintained
    43  on the premises mentioned and described in the license and shall be open
    44  at all reasonable hours for inspection  by  any  peace  officer,  acting
    45  pursuant  to  his  or  her special duties, or police officer. Any record
    46  produced pursuant to this section and any transmission  thereof  to  any
    47  government  agency  shall not be considered a public record for purposes
    48  of article six of the public officers law.
    49    6. If the superintendent of state  police  certifies  that  background
    50  checks  of  ammunition  purchasers may be conducted through the national
    51  instant criminal background check system [or  through  the  division  of
    52  state  police  once  the division has been designated point of contact],
    53  use of that system by a dealer or seller shall be sufficient to  satisfy
    54  subdivisions  four  and  five  of  this section and such checks shall be
    55  conducted through such system, provided that a  record  of  such  trans-

        A. 5049                             9

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

        A. 5049                            10

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

        A. 5049                            11

     1  not  to  exceed  five  thousand  dollars for the first offense and in an
     2  amount not to exceed ten thousand dollars for any subsequent offense.
     3    § 15. Section 144-a of the executive law, as amended by chapter 371 of
     4  the laws of 2022, is amended to read as follows:
     5    §  144-a. Eligible professions for the purchase, sale, and use of body
     6  [armor] vests.  The secretary of state in consultation with the division
     7  of criminal justice services, the  division  of  homeland  security  and
     8  emergency  services,  the department of corrections and community super-
     9  vision, the division of the state police,  and  the  office  of  general
    10  services  shall  promulgate  rules and regulations to establish criteria
    11  for eligible professions requiring the use of a body  [armor]  vest,  as
    12  such  term  is defined in subdivision two of section 270.20 of the penal
    13  law. Such professions shall include those in which the duties may expose
    14  the individual to serious physical injury that may be prevented or miti-
    15  gated by the wearing of a body [armor] vest.  Such rules and regulations
    16  shall also include a process  by  which  an  individual  or  entity  may
    17  request that the profession in which they engage be added to the list of
    18  eligible  professions,  a  process by which the department shall approve
    19  such professions, and a process by which individuals  and  entities  may
    20  present  proof  of  engagement in eligible professions when purchasing a
    21  body [armor] vest.
    22    § 16. Section 228 of the executive law is REPEALED.
    23    § 17. Subdivision 2 of section 898 of the  general  business  law,  as
    24  amended  by  chapter  371  of  the  laws  of 2022, is amended to read as
    25  follows:
    26    2. Before any sale, exchange or disposal pursuant to this  article,  a
    27  national instant criminal background check must be completed by a dealer
    28  who  [shall submit a request to the division of state police pursuant to
    29  section two hundred twenty-eight  of  the  executive  law]  consents  to
    30  conduct  such check, and upon completion of such background check, shall
    31  complete a document, the form of which shall be approved by  the  super-
    32  intendent  of state police, that identifies and confirms that such check
    33  was performed. Before a dealer who [has submitted a request to the divi-
    34  sion of state police] consents to conduct a  national  instant  criminal
    35  background  check  delivers  a  firearm, rifle or shotgun to any person,
    36  either (a) NICS [shall have] issued a "proceed" response to the  dealer,
    37  or (b) thirty calendar days shall have elapsed since the date the dealer
    38  [submitted  a  request  to  the division of state police to contact the]
    39  contacted NICS to initiate a national instant criminal background  check
    40  and NICS has not notified the [division of state police] dealer that the
    41  transfer  of  the  firearm,  rifle  or  shotgun to such person should be
    42  denied.
    43    § 18. Paragraph (c) of subdivision 1 of section  896  of  the  general
    44  business  law, as amended by chapter 371 of the laws of 2022, is amended
    45  to read as follows:
    46    (c) [coordinate with the division of state police to]  provide  access
    47  at  the  gun  show to a firearm dealer licensed under federal law who is
    48  authorized to perform  a  national  instant  criminal  background  check
    49  [prior  to  any firearm sale or transfer] where the seller or transferor
    50  of a firearm, rifle or shotgun is not authorized to conduct such a check
    51  by (i) requiring firearm exhibitors who  are  firearm  dealers  licensed
    52  under  federal  law and who are authorized to conduct a national instant
    53  criminal background check to provide such a check at cost or (ii) desig-
    54  nating a specific location at  the  gun  show  where  a  firearm  dealer
    55  licensed  under  federal  law  who  is  authorized to conduct a national
    56  instant criminal background check will be  present  to  perform  such  a

        A. 5049                            12

     1  check  at  cost.  Any  firearm  dealer  licensed  under  federal law who
     2  [submits a request to the division of state police to perform]  performs
     3  a  national instant criminal background check pursuant to this paragraph
     4  shall  provide the seller or transferor of the firearm, rifle or shotgun
     5  with a copy of the United States Department of Treasury, Bureau of Alco-
     6  hol, Tobacco and Firearms Form ATF F 4473 and such dealer shall maintain
     7  such form and make such form available for inspection by law enforcement
     8  agencies for a period of ten years thereafter.
     9    § 19. Section 19 of chapter 371 of the laws of 2022 is REPEALED.
    10    § 20. Section 400.06 of the penal law is REPEALED.
    11    § 21. Section 99-pp of the state finance law as added by  chapter  371
    12  of the laws of 2022, is REPEALED.
    13    § 22. Subdivision 19 of section 265.00 of the penal law, as amended by
    14  chapter 371 of the laws of 2022, is amended to read as follows:
    15    19. "Duly authorized instructor" means (a) a duly commissioned officer
    16  of  the United States army, navy, marine corps or coast guard, or of the
    17  national guard of the state of New York; or (b) a duly  qualified  adult
    18  citizen  of  the  United States who has been granted a certificate as an
    19  instructor in small arms practice issued by the United States army, navy
    20  or marine corps, or by the adjutant general of this state,  [or  by  the
    21  division of criminal justice services,] or by the national rifle associ-
    22  ation  of America, a not-for-profit corporation duly organized under the
    23  laws of this state; or (c) [by] a person duly qualified  and  designated
    24  by  the  department  of  environmental conservation under paragraph c of
    25  subdivision three of section 11-0713 of the  environmental  conservation
    26  law  as its agent in the giving of instruction and the making of certif-
    27  ications of qualification in responsible hunting practices; or (d) a New
    28  York state 4-H certified shooting sports instructor.
    29    § 23. Subdivision 18 of section 400.00 of the penal law, as amended by
    30  chapter 371 of the laws of 2022, is amended to read as follows:
    31    18. Notice. Upon the issuance of  a  license,  the  licensing  officer
    32  shall  issue  therewith[,  and such licensee shall attest to the receipt
    33  of,] the following [information and notifications: (a) the  grounds  for
    34  which  the license issued may be revoked, which shall include but not be
    35  limited to the areas and locations for which the licenses  issued  under
    36  paragraph   (f)  of  subdivision  two  of  this  section  prohibits  the
    37  possession of firearms, rifles, and  shotguns,  and  that  a  conviction
    38  under  sections  265.01-d  and 265.01-e of this chapter are felonies for
    39  which licensure will be revoked;
    40    (b) a notification regarding the requirements for safe  storage  which
    41  shall  be]  notice  in conspicuous and legible twenty-four point type on
    42  eight and one-half inches by eleven inches paper stating in  bold  print
    43  the following:
    44    WARNING:  RESPONSIBLE  FIREARM  STORAGE  IS THE LAW IN NEW YORK STATE.
    45  [WHEN STORED IN A HOME] FIREARMS[, RIFLES, OR SHOTGUNS] MUST  EITHER  BE
    46  STORED  WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT
    47  BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL  OF  THE  OWNER  OR
    48  OTHER LAWFUL POSSESSOR IF A CHILD [UNDER THE AGE OF EIGHTEEN] RESIDES IN
    49  THE  HOME  OR  IS  PRESENT,  OR IF THE OWNER OR POSSESSOR RESIDES WITH A
    50  PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL  LAW.
    51  FIREARMS  SHOULD BE STORED [BY REMOVING THE AMMUNITION FROM AND SECURELY
    52  LOCKING SUCH FIREARM] UNLOADED AND LOCKED IN A  LOCATION  SEPARATE  FROM
    53  AMMUNITION.  LEAVING  FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED
    54  PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. [WHEN STORED IN A
    55  VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR  CONTROL,  FIREARMS,

        A. 5049                            13

     1  RIFLES,  AND  SHOTGUNS  MUST  BE  STORED  IN AN APPROPRIATE SAFE STORAGE
     2  DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.
     3    (c)  any  other information necessary to ensure such licensee is aware
     4  of their responsibilities as a license holder.]
     5    Nothing in this subdivision shall  be  deemed  to  affect,  impair  or
     6  supersede  any special or local law relating to providing notice regard-
     7  ing the safe storage of rifles, shotguns or firearms.
     8    § 23-a.   Subdivision 19  of  section  400.00  of  the  penal  law  is
     9  REPEALED.
    10    §  24.  Subdivisions  11 and 12 of section 265.00 of the penal law, as
    11  amended by chapter 371 of the laws of  2022,  are  amended  to  read  as
    12  follows:
    13    11. "Rifle" means a weapon designed or redesigned, made or remade, and
    14  intended  to  be  fired from the shoulder and designed or redesigned and
    15  made or remade to use the energy of the explosive in  a  fixed  metallic
    16  cartridge  to  fire  only  a single projectile through a rifled bore for
    17  each single pull of  the  trigger  [using  either:  (a)  fixed  metallic
    18  cartridge;  or (b) each projectile and explosive charge are loaded indi-
    19  vidually for each shot discharged. In addition to common, modern  usage,
    20  rifles include those using obsolete ammunition not commonly available in
    21  commercial  trade,  or  that  load  through the muzzle and fire a single
    22  projectile with each discharge, or  loading,  including  muzzle  loading
    23  rifles, flintlock rifles, and black powder rifles].
    24    12.  "Shotgun"  means a weapon designed or redesigned, made or remade,
    25  and intended to be fired from the shoulder and  designed  or  redesigned
    26  and made or remade to use the energy of the explosive in a fixed shotgun
    27  shell  to fire through a smooth [or rifled] bore either a number of ball
    28  shot or a single projectile for each single pull of the  trigger  [using
    29  either: (a) a fixed shotgun shell; or (b) a projectile or number of ball
    30  shot  and  explosive  charge  are  loaded  individually  for  each  shot
    31  discharged. In addition to common, modern usage, shotguns include  those
    32  using obsolete ammunition not commonly available in commercial trade, or
    33  that load through the muzzle and fires ball shot with each discharge, or
    34  loading,  including  muzzle  loading  shotguns,  flintlock shotguns, and
    35  black powder shotguns].
    36    § 25. Severability. If any clause, sentence, paragraph or  section  of
    37  this  act shall be adjudged by any court of competent jurisdiction to be
    38  invalid, the judgment shall not affect, impair or invalidate the remain-
    39  der thereof, but shall be confined  in  its  operation  to  the  clause,
    40  sentence,  paragraph or section thereof directly involved in the contro-
    41  versy in which the judgment shall have been rendered.
    42    § 26. This act shall take effect immediately; provided, however:
    43    (a) if the amendments to subdivision 4-a  of  section  400.00  of  the
    44  penal  law  made by section one of chapter 371 of the laws of 2022 shall
    45  not have taken effect on or before such  date  then  the  amendments  to
    46  subdivision 4-a of section 400.00 of the penal law as amended by section
    47  one  of  this  act  shall  take  effect on the same date and in the same
    48  manner as such chapter of the laws of 2022 takes effect;
    49    (b) if section seventeen of chapter 371 of the laws of 2022 shall  not
    50  have taken effect on or before such date then the amendments to subdivi-
    51  sion 2 of section 898 of the general business law made by section seven-
    52  teen  of  this  act  shall  take effect on the same date and in the same
    53  manner as such section of such chapter of the laws of 2022 takes effect;
    54    (c) if section eighteen of chapter 371 of the laws of 2022  shall  not
    55  have  taken  effect  on or before such date then the amendments to para-
    56  graph (c) of subdivision 1 of section 896 of the  general  business  law

        A. 5049                            14

     1  made  by section eighteen of this act shall take effect on the same date
     2  and in the same manner as such section of such chapter of  the  laws  of
     3  2022 takes effect;
     4    (d) if section twenty-two of chapter 371 of the laws of 2022 shall not
     5  have taken effect on or before such date then the amendments to subdivi-
     6  sion  19  of  section 265.00 of the general business law made by section
     7  eighteen of this act shall take effect on the same date and in the  same
     8  manner as such section of such chapter of the laws of 2022 takes effect.