STATE OF NEW YORK
        ________________________________________________________________________

                                           475

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced by Sens. GALLIVAN, HELMING, TEDISCO -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes

        AN  ACT to amend the penal law, in relation to the recertification proc-
          ess for licenses for firearms

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

     1    Section  1.  Subdivisions 5 and 10 of section 400.00 of the penal law,
     2  subdivision 5 as amended by chapter 1 of the laws of 2013,  subparagraph
     3  (iii) of paragraph (e) of subdivision 5 as amended by chapter 244 of the
     4  laws  of  2019, and subdivision 10 as amended by chapter 371 of the laws
     5  of 2022, are amended to read as follows:
     6    5. Filing of  approved  applications.  (a)  The  application  for  any
     7  license,  if  granted,  shall be filed by the licensing officer with the
     8  clerk of the county of issuance, except that in the  city  of  New  York
     9  and,  in the counties of Nassau and Suffolk, the licensing officer shall
    10  designate the place of filing in the  appropriate  division,  bureau  or
    11  unit  of the police department thereof, and in the county of Suffolk the
    12  county clerk is hereby authorized to transfer all  records  or  applica-
    13  tions  relating  to  firearms to the licensing authority of that county.
    14  Except as provided in paragraphs (b) through [(f)] (e) of this  subdivi-
    15  sion,  the name and address of any person to whom an application for any
    16  license has been granted shall be a public record. Upon application by a
    17  licensee who has changed his place of residence such records or applica-
    18  tions shall be transferred to the appropriate officer at the  licensee's
    19  new  place  of  residence. A duplicate copy of such application shall be
    20  filed by the licensing officer in the executive department, division  of
    21  state police, Albany, within ten days after issuance of the license. The
    22  superintendent of state police may designate that such application shall
    23  be  transmitted  to  the division of state police electronically. In the
    24  event the superintendent of the division of state police determines that
    25  it lacks any of the records required to be filed with the  division,  it

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02673-01-3

        S. 475                              2

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

        S. 475                              3

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

        S. 475                              4

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

        S. 475                              5

     1  race, residential address, social security number, firearms possessed by
     2  such license holder, email address at the option of the  license  holder
     3  and  an  affirmation  that  such  license  holder is not prohibited from
     4  possessing  firearms. The form may be in an electronic form if so desig-
     5  nated by the superintendent of state police. Failure to recertify  shall
     6  act  as  a  revocation  of  such  license.  If the New York state police
     7  discover as a result of the  recertification  process  that  a  licensee
     8  failed  to  provide a change of address, the New York state police shall
     9  not require the licensing officer to revoke such license.
    10    (c) A license to purchase or take possession of a semiautomatic  rifle
    11  as  defined  in  subdivision two of this section shall be recertified to
    12  the applicable licensing officer every five years following the issuance
    13  of such license. Failure to renew such a license shall  be  a  violation
    14  punishable  by  a fine not to exceed two hundred fifty dollars, and such
    15  failure to renew shall be  considered  by  the  licensing  officer  when
    16  reviewing  future license applications by the license holder pursuant to
    17  this chapter.
    18    (d) Licenses issued under paragraph (f) of  subdivision  two  of  this
    19  section  shall  be recertified or renewed in the same form and manner as
    20  otherwise required by this  subdivision,  provided  however,  that  such
    21  licenses shall be recertified or renewed every three years following the
    22  issuance  of  such  license.  For licenses issued prior to the effective
    23  date of this paragraph that were issued more than three years  prior  to
    24  such  date, or will expire in less than one year from such date shall be
    25  recertified or renewed within one year of such date.]
    26    § 2. This act shall take effect immediately.