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.