STATE OF NEW YORK
        ________________________________________________________________________

                                          6130

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Codes

        AN  ACT  to  amend  the penal law, in relation to the filing of approved
          applications for licenses to carry, possess,  repair  and  dispose  of
          firearms

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

     1    Section 1. Subdivision 5 of  section  400.00  of  the  penal  law,  as
     2  amended  by  chapter  1 of the laws of 2013, subparagraph (iii) of para-
     3  graph (e) as amended by chapter 244 of the laws of 2019, is  amended  to
     4  read as follows:
     5    5.  Filing  of  approved  applications.  [(a)] The application for any
     6  license, if granted, shall be filed by the licensing  officer  with  the
     7  clerk  of  the  county  of issuance, except that in the city of New York
     8  and, in the counties of Nassau and Suffolk, the licensing officer  shall
     9  designate  the  place  of  filing in the appropriate division, bureau or
    10  unit of the police department thereof, and in the county of Suffolk  the
    11  county  clerk  is  hereby authorized to transfer all records or applica-
    12  tions relating to firearms to the licensing authority  of  that  county.
    13  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    14  the name and  address]  The  application  and  any  supporting  records,
    15  including  any  information  contained therein, of any person to whom an
    16  application for any license has been  granted  shall  not  be  a  public
    17  record and shall not be subject to disclosure pursuant to article six of
    18  the public officers law.  Upon application by a licensee who has changed
    19  his  or  her  place  of  residence such records or applications shall be
    20  transferred to the appropriate officer at the licensee's  new  place  of
    21  residence.  A  duplicate  copy of such application shall be filed by the
    22  licensing officer in the executive department, division of state police,
    23  Albany, within ten days after issuance of the license.  The  superinten-
    24  dent of state police may designate that such application shall be trans-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07539-01-3

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     1  mitted  to the division of state police electronically. In the event the
     2  superintendent of the division of state police determines that it  lacks
     3  any  of  the  records  required  to  be  filed with the division, it may
     4  request  that  such  records be provided to it by the appropriate clerk,
     5  department or authority and such clerk, department  or  authority  shall
     6  provide the division with such records. In the event such clerk, depart-
     7  ment  or  authority  lacks  such  records,  the division may request the
     8  license holder provide information sufficient to constitute such  record
     9  and  such  license  holder shall provide the division with such informa-
    10  tion. Such information shall be limited to the  license  holder's  name,
    11  date of birth, gender, race, residential address, social security number
    12  and  firearms possessed by said license holder. Nothing in this subdivi-
    13  sion shall be construed to change the expiration date or  term  of  such
    14  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    15  collected for purposes of inclusion in the database established by  this
    16  section  shall  be released pursuant to a court order. Records assembled
    17  or collected for purposes of inclusion in the database created  pursuant
    18  to  section  400.02  of  this  [chapter] article shall not be subject to
    19  disclosure pursuant to article six of the public officers law.
    20    [(b) Each application for a license pursuant to paragraph (a) of  this
    21  subdivision  shall  include,  on a separate written form prepared by the
    22  division of state police within thirty days of the effective date of the
    23  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    24  section,  and provided to the applicant at the same time and in the same
    25  manner as the application for a license, an opportunity for  the  appli-
    26  cant  to  request  an  exception from his or her application information
    27  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    28  Such  forms,  which  shall also be made available to individuals who had
    29  applied for or been granted a license prior to the effective date of the
    30  chapter of the laws of two thousand thirteen which amended this section,
    31  shall notify applicants that, upon discovery that an applicant knowingly
    32  provided false information, such applicant may be subject  to  penalties
    33  pursuant to section 175.30 of this chapter, and further, that his or her
    34  request  for  an exception shall be null and void, provided that written
    35  notice containing such  determination  is  provided  to  the  applicant.
    36  Further, such forms shall provide each applicant an opportunity to spec-
    37  ify  the  grounds  on  which  he  or she believes his or her application
    38  information should not be publicly disclosed. These grounds, which shall
    39  be identified on the application with a box beside each for checking, as
    40  applicable, by the applicant, shall be as follows:
    41    (i) the applicant's life or safety may  be  endangered  by  disclosure
    42  because:
    43    (A)  the applicant is an active or retired police officer, peace offi-
    44  cer, probation officer, parole officer, or corrections officer;
    45    (B) the applicant is a protected person under a currently valid  order
    46  of protection;
    47    (C) the applicant is or was a witness in a criminal proceeding involv-
    48  ing a criminal charge;
    49    (D)  the  applicant  is  participating or previously participated as a
    50  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    51  or
    52    (E) the applicant is a spouse, domestic partner or household member of
    53  a  person  identified  in this subparagraph or subparagraph (ii) of this
    54  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    55  apply.

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

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     1  of the civil practice laws and  rules.  Such  proceeding  must  commence
     2  within  thirty  days  after service of the written notice containing the
     3  adverse determination. Notice of the right to commence such a  petition,
     4  and  the  time  period  therefor, shall be included in the notice of the
     5  determination. Disclosure following such a petition shall  not  be  made
     6  prior to the disposition of such review.]
     7    §  2. This act shall take effect the first of November next succeeding
     8  the date on which it shall have become a law.