STATE OF NEW YORK
        ________________________________________________________________________

                                          1703

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  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  licenses  to  carry  and
          possess firearms

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

     1    Section 1. Subdivision 2 of  section  400.00  of  the  penal  law,  as
     2  amended  by  chapter  371  of  the  laws  of 2022, is amended to read as
     3  follows:
     4    2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
     5  shall be issued to engage in such business. A license for a semiautomat-
     6  ic rifle, other than an assault weapon or disguised gun, shall be issued
     7  to  purchase  or take possession of such a semiautomatic rifle when such
     8  transfer of ownership occurs on or after the effective date  of  chapter
     9  two  hundred twelve of the laws of two thousand twenty-two [that amended
    10  this subdivision]. A license for a pistol or  revolver,  other  than  an
    11  assault  weapon  or  a  disguised gun, shall be issued to [(a) have and]
    12  possess [in his dwelling by a householder; (b) have and possess  in  his
    13  place  of  business  by  a  merchant or storekeeper; (c) have] and carry
    14  concealed [while so employed by a messenger employed by a banking insti-
    15  tution or express company; (d) have and carry concealed by a justice  of
    16  the  supreme  court in the first or second judicial departments, or by a
    17  judge of the New York city civil court or the  New  York  city  criminal
    18  court;  (e)  have  and  carry  concealed  while so employed by a regular
    19  employee of an institution of the state, or of any county, city, town or
    20  village, under control of a commissioner of correction of  the  city  or
    21  any  warden, superintendent or head keeper of any state prison, peniten-
    22  tiary, workhouse, county jail or other institution for the detention  of
    23  persons  convicted  or accused of crime or held as witnesses in criminal
    24  cases, provided that application is made therefor by such  commissioner,
    25  warden,  superintendent  or  head keeper; (f) have and carry concealed,]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05439-01-3

        S. 1703                             2

     1  without regard to employment or place  of  possession  [subject  to  the
     2  restrictions  of  state  and  federal  law, by any person; and (g) have,
     3  possess, collect and carry antique pistols which are defined as follows:
     4  (i)  any single shot, muzzle loading pistol with a matchlock, flintlock,
     5  percussion cap, or similar type of ignition system  manufactured  in  or
     6  before  1898,  which  is  not designed for using rimfire or conventional
     7  centerfire  fixed  ammunition;  and  (ii)  any  replica  of  any  pistol
     8  described in clause (i) hereof if such replica;
     9    (1)  is  not  designed or redesigned for using rimfire or conventional
    10  centerfire fixed ammunition, or
    11    (2) uses rimfire or conventional centerfire fixed ammunition which  is
    12  no  longer  manufactured  in  the United States and which is not readily
    13  available in the ordinary channels of commercial trade].
    14    § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
    15  law,  as  amended by chapter 212 of the laws of 2022, is amended to read
    16  as follows:
    17    (a) Applications shall be made and renewed, in the case of  a  license
    18  to  carry  [or]  and possess a pistol or revolver or to purchase or take
    19  possession of a semiautomatic rifle, to the  licensing  officer  in  the
    20  city  or  county,  as  the  case may be, where the applicant resides, is
    21  principally employed or has his or her principal place  of  business  as
    22  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
    23  dealer in firearms, to the licensing officer where such place  of  busi-
    24  ness  is  located.  Blank  applications shall, except in the city of New
    25  York, be approved as to form by the superintendent of state  police.  An
    26  application shall state the full name, date of birth, residence, present
    27  occupation of each person or individual signing the same, whether or not
    28  he  or  she  is a citizen of the United States, whether or not he or she
    29  complies with each requirement for eligibility specified in  subdivision
    30  one  of this section and such other facts as may be required to show the
    31  good character, competency and integrity of each  person  or  individual
    32  signing  the application. An application shall be signed and verified by
    33  the applicant. Each individual signing an application shall  submit  one
    34  photograph  of himself or herself and a duplicate for each required copy
    35  of the application. Such photographs shall have been taken within thirty
    36  days prior to filing the application. In case of a license  as  gunsmith
    37  or  dealer  in  firearms,  the photographs submitted shall be two inches
    38  square, and the application shall also state the previous occupation  of
    39  each  individual  signing the same and the location of the place of such
    40  business, or of the bureau, agency, subagency, office or  branch  office
    41  for  which  the license is sought, specifying the name of the city, town
    42  or village, indicating the street and number and otherwise  giving  such
    43  apt description as to point out reasonably the location thereof. In such
    44  case,  if the applicant is a firm, partnership or corporation, its name,
    45  date and place of formation, and principal place of  business  shall  be
    46  stated.  For  such  firm or partnership, the application shall be signed
    47  and verified by each individual composing or intending  to  compose  the
    48  same, and for such corporation, by each officer thereof.
    49    §  3.  Subdivision 6 of section 400.00 of the penal law, as amended by
    50  chapter 212 of the laws of 2022, is amended to read as follows:
    51    6. License: validity. Any license  issued  pursuant  to  this  section
    52  shall  be valid notwithstanding the provisions of any local law or ordi-
    53  nance. No license shall be transferable to any other person or premises.
    54  A license to carry [or] and possess a pistol or revolver, or to purchase
    55  or take possession of a semiautomatic rifle[, not otherwise  limited  as
    56  to  place  or  time  of  possession,]  shall be effective throughout the

        S. 1703                             3

     1  state, except that the same shall not be valid within the  city  of  New
     2  York  unless  a special permit granting validity is issued by the police
     3  commissioner of that city. Such license to carry [or] and possess  shall
     4  be  valid  within the city of New York in the absence of a permit issued
     5  by the police commissioner of that city, provided that (a) the  firearms
     6  covered by such license have been purchased from a licensed dealer with-
     7  in  the  city  of  New  York  and are being transported out of said city
     8  forthwith and immediately from said dealer by the licensee in  a  locked
     9  container  during  a continuous and uninterrupted trip; or provided that
    10  (b) the firearms covered by such license are being  transported  by  the
    11  licensee in a locked container and the trip through the city of New York
    12  is  continuous  and  uninterrupted;  or  provided  that (c) the firearms
    13  covered by such license are  carried  by  armored  car  security  guards
    14  transporting  money  or  other valuables, in, to, or from motor vehicles
    15  commonly known as armored cars, during the course of  their  employment;
    16  or  provided that (d) the licensee is a retired police officer as police
    17  officer is defined pursuant to subdivision thirty-four of  section  1.20
    18  of the criminal procedure law or a retired federal law enforcement offi-
    19  cer,  as  defined in section 2.15 of the criminal procedure law, who has
    20  been issued a license by an authorized licensing officer as  defined  in
    21  subdivision  ten  of  section 265.00 of this chapter; provided, further,
    22  however, that if such license was not issued in the city of New York  it
    23  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    24  ment Officer", as the case may be, and, in the case of a retired officer
    25  the  license  shall  be  deemed  to  permit  only  police or federal law
    26  enforcement regulations weapons; or provided that (e) the licensee is  a
    27  peace officer described in subdivision four of section 2.10 of the crim-
    28  inal  procedure law and the license, if issued by other than the city of
    29  New York, is marked "New York State Tax Department Peace Officer" and in
    30  such case the exemption shall apply only to the firearm issued  to  such
    31  licensee  by  the  department  of  taxation  and  finance.  A license as
    32  gunsmith or dealer in firearms shall not be valid outside  the  city  or
    33  county, as the case may be, where issued. Notwithstanding any inconsist-
    34  ent  provision of state or local law or rule or regulation, the premises
    35  limitation set forth in any license to have  and  possess  a  pistol  or
    36  revolver  in  the  licensee's  dwelling or place of business pursuant to
    37  paragraph (a) or (b) of  subdivision  two  of  this  section  shall  not
    38  prevent the transport of such pistol or revolver directly to or from (i)
    39  another dwelling or place of business of the licensee where the licensee
    40  is  authorized  to  have  and  possess  such pistol or revolver, (ii) an
    41  indoor or outdoor shooting range that is authorized by law to operate as
    42  such, (iii) a shooting competition at which  the  licensee  may  possess
    43  such  pistol or revolver consistent with the provisions of subdivision a
    44  of section 265.20 of this chapter or consistent with the law  applicable
    45  at  the  place of such competition, or (iv) any other location where the
    46  licensee is lawfully authorized to  have  and  possess  such  pistol  or
    47  revolver;  provided  however,  that  during  such transport to or from a
    48  location specified in clauses (i) through (iv) of  this  paragraph,  the
    49  pistol  or revolver shall be unloaded and carried in a locked container,
    50  and the  ammunition  therefor  shall  be  carried  separately;  provided
    51  further,  however, that a license to have and possess a pistol or revol-
    52  ver in the licensee's dwelling or place of business  pursuant  to  para-
    53  graph  (a) or (b) of subdivision two of this section that is issued by a
    54  licensing officer other than the police commissioner of the city of  New
    55  York shall not authorize transport of a pistol or revolver into the city
    56  of  New  York  in  the  absence of written authorization to do so by the

        S. 1703                             4

     1  police commissioner of that city. The term "locked container" shall  not
     2  include the glove compartment or console of a vehicle.
     3    §  4.  Subdivision 7 of section 400.00 of the penal law, as separately
     4  amended by chapters 212 and 669 of the laws of 2022, is amended to  read
     5  as follows:
     6    7.  License:  form. Any license issued pursuant to this section shall,
     7  except in the city of New York, be approved as to  form  by  the  super-
     8  intendent  of state police. A license to carry [or] and possess a pistol
     9  or revolver or to purchase or take possession of a  semiautomatic  rifle
    10  shall  have attached the licensee's photograph, and a coupon which shall
    11  be removed and retained by any person disposing  of  a  firearm  to  the
    12  licensee. A license to carry [or] and possess a pistol or revolver shall
    13  specify  the weapon covered by calibre, make, model, manufacturer's name
    14  and serial number, or if none, by any  other  distinguishing  number  or
    15  identification  mark[, and shall indicate whether issued to carry on the
    16  person or possess on the premises, and if on  the  premises  shall  also
    17  specify  the  place  where the licensee shall possess the same]. If such
    18  license is issued to a noncitizen, or to a person not a citizen  of  and
    19  usually  a  resident  in the state, the licensing officer shall state in
    20  the license the particular reason for the issuance and the names of  the
    21  persons  certifying  to the good character of the applicant. Any license
    22  as gunsmith or dealer in firearms shall mention and describe  the  prem-
    23  ises for which it is issued and shall be valid only for such premises.
    24    §  5.  Subdivision 9 of section 400.00 of the penal law, as amended by
    25  chapter 212 of the laws of 2022, is amended to read as follows:
    26    9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
    27  person  licensed  to  carry  [or] and possess a pistol or revolver or to
    28  purchase or take possession of a semiautomatic rifle may  apply  at  any
    29  time to his or her licensing officer for amendment of his or her license
    30  to  include  one  or  more  such weapons or to cancel weapons held under
    31  license. If granted, a record of the amendment  describing  the  weapons
    32  involved  shall  be  filed  by  the  licensing  officer in the executive
    33  department, division of state  police,  Albany.  The  superintendent  of
    34  state  police  may authorize that such amendment be completed and trans-
    35  mitted to the state police  in  electronic  form.  Notification  of  any
    36  change  of residence shall be made in writing by any licensee within ten
    37  days after such change occurs, and a record  of  such  change  shall  be
    38  inscribed  by  such  licensee on the reverse side of his or her license.
    39  Elsewhere than in the city of New York, and in the  counties  of  Nassau
    40  and  Suffolk,  such  notification shall be made to the executive depart-
    41  ment, division of state police, Albany, and in the city of New  York  to
    42  the police commissioner of that city, and in the county of Nassau to the
    43  police  commissioner of that county, and in the county of Suffolk to the
    44  licensing officer of that county, who shall, within ten days after  such
    45  notification  shall be received by him or her, give notice in writing of
    46  such change to the executive department, division of  state  police,  at
    47  Albany.
    48    §  6.  Paragraph  (a) of subdivision 10 of section 400.00 of the penal
    49  law, as amended by chapter 371 of the laws of 2022, is amended  to  read
    50  as follows:
    51    (a) Any license for gunsmith or dealer in firearms and, in the city of
    52  New  York,  any  license to carry [or] and possess a pistol or revolver,
    53  issued at any time pursuant to this section or prior to the first day of
    54  July, nineteen hundred sixty-three and  not  limited  to  expire  on  an
    55  earlier  date  fixed in the license, shall, except as otherwise provided
    56  in paragraph (d) of this subdivision, expire not more than  three  years

        S. 1703                             5

     1  after the date of issuance. In the counties of Nassau, Suffolk and West-
     2  chester,  any  license  to  carry [or] and possess a pistol or revolver,
     3  issued at any time pursuant to this section or prior to the first day of
     4  July,  nineteen  hundred  sixty-three  and  not  limited to expire on an
     5  earlier date fixed in the license, shall expire not more than five years
     6  after the date of issuance; however, in the county of  Westchester,  any
     7  such  license  shall  be  certified prior to the first day of April, two
     8  thousand, in accordance with a schedule to be contained  in  regulations
     9  promulgated  by  the  commissioner  of  the division of criminal justice
    10  services, and every such license shall, except as otherwise provided  in
    11  paragraph (d) of this subdivision, be recertified every five years ther-
    12  eafter.  For  purposes of this section certification shall mean that the
    13  licensee shall provide to the licensing officer the  following  informa-
    14  tion  only:  current name, date of birth, current address, and the make,
    15  model, caliber and serial number of all  firearms  currently  possessed.
    16  Such  certification  information shall be filed by the licensing officer
    17  in the same manner as an amendment. Elsewhere than in the  city  of  New
    18  York and the counties of Nassau, Suffolk and Westchester, any license to
    19  carry [or] and possess a pistol or revolver, issued at any time pursuant
    20  to  this  section  or  prior  to the first day of July, nineteen hundred
    21  sixty-three and not previously revoked or cancelled, shall be  in  force
    22  and  effect until revoked as herein provided. Any license not previously
    23  cancelled or revoked shall remain in full force and  effect  for  thirty
    24  days  beyond the stated expiration date on such license. Any application
    25  to renew a license that has not  previously  expired,  been  revoked  or
    26  cancelled shall thereby extend the term of the license until disposition
    27  of  the  application  by the licensing officer. In the case of a license
    28  for gunsmith or dealer in firearms, in counties having a  population  of
    29  less than two hundred thousand inhabitants, photographs and fingerprints
    30  shall  be submitted on original applications and upon renewal thereafter
    31  at three year intervals. Upon satisfactory proof that a currently  valid
    32  original  license has been despoiled, lost or otherwise removed from the
    33  possession of the licensee and upon application containing an additional
    34  photograph of the licensee, the licensing officer shall issue  a  dupli-
    35  cate license.
    36    §  7. Subdivision 12 of section 400.00 of the penal law, as amended by
    37  chapter 207 of the laws of 2022, is amended to read as follows:
    38    12. Records required of gunsmiths and dealers in firearms. In addition
    39  to the requirements set forth in article thirty-nine-BB of  the  general
    40  business  law,  any  person  licensed  as gunsmith or dealer in firearms
    41  shall keep a record book approved as to form, except in the city of  New
    42  York, by the superintendent of state police. In the record book shall be
    43  entered  at  the time of every transaction involving a firearm the date,
    44  name, age, occupation and residence of any person from whom a firearm is
    45  received or to whom a firearm  is  delivered,  and  the  calibre,  make,
    46  model,  manufacturer's  name  and  serial  number, or if none, any other
    47  distinguishing number or identification mark  on  such  firearm.  Before
    48  delivering  a  firearm  to any person, the licensee shall require him to
    49  produce either a license valid under this  section  to  carry  [or]  and
    50  possess  the  same,  or  proof  of  lawful authority as an exempt person
    51  pursuant to section 265.20 of this chapter and either (a)  the  National
    52  Instant  Criminal  Background  Check  System (NICS) or its successor has
    53  issued a "proceed" response to the licensee, or (b) thirty calendar days
    54  have elapsed since the date the licensee contacted NICS  to  initiate  a
    55  national instant criminal background check and NICS has not notified the
    56  licensee  that  the  transfer  of  the  firearm to such person should be

        S. 1703                             6

     1  denied. In addition, before delivering a firearm to a peace officer, the
     2  licensee shall verify that person's status as a peace officer  with  the
     3  division  of  state police. After completing the foregoing, the licensee
     4  shall remove and retain the attached coupon and enter in the record book
     5  the  date  of  such  license,  number, if any, and name of the licensing
     6  officer, in the case of the holder  of  a  license  to  carry  [or]  and
     7  possess,  or  the shield or other number, if any, assignment and depart-
     8  ment, unit or agency, in the case of  an  exempt  person.  The  original
     9  transaction  report  shall  be forwarded to the division of state police
    10  within ten days of delivering a firearm to any person, and  a  duplicate
    11  copy  shall  be kept by the licensee. The superintendent of state police
    12  may designate that such record shall be  completed  and  transmitted  in
    13  electronic form. A dealer may be granted a waiver from transmitting such
    14  records  in  electronic  form if the superintendent determines that such
    15  dealer is incapable of such transmission due  to  technological  limita-
    16  tions that are not reasonably within the control of the dealer, or other
    17  exceptional  circumstances  demonstrated  by  the  dealer, pursuant to a
    18  process established in regulation, and at the discretion of  the  super-
    19  intendent.   Records assembled or collected for purposes of inclusion in
    20  the database created pursuant to section 400.02 of  this  article  shall
    21  not be subject to disclosure pursuant to article six of the public offi-
    22  cers  law. The record book shall be maintained on the premises mentioned
    23  and described in the license and shall be open at all  reasonable  hours
    24  for  inspection  by  any  peace  officer, acting pursuant to his special
    25  duties, or police officer. In the event of cancellation or revocation of
    26  the license for gunsmith or dealer in  firearms,  or  discontinuance  of
    27  business  by  a  licensee, such record book shall be immediately surren-
    28  dered to the licensing officer in the city of New York, and in the coun-
    29  ties of Nassau and Suffolk, and elsewhere in the state to the  executive
    30  department, division of state police.
    31    §  8. Subdivision 14 of section 400.00 of the penal law, as amended by
    32  chapter 212 of the laws of 2022, is amended to read as follows:
    33    14. Fees. In the city of New York and the county of Nassau, the annual
    34  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
    35  for dealers in firearms. In such city, the city council and in the coun-
    36  ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
    37  for  a  license  to  carry  [or]  and possess a pistol or revolver or to
    38  purchase or take possession of a semiautomatic rifle and provide for the
    39  disposition of such fees. Elsewhere in the state, the licensing  officer
    40  shall  collect  and pay into the county treasury the following fees: for
    41  each license to carry [or] and  possess  a  pistol  or  revolver  or  to
    42  purchase  or  take  possession  of  a semiautomatic rifle, not less than
    43  three dollars nor more than ten dollars as  may  be  determined  by  the
    44  legislative  body  of  the  county;  for  each  amendment thereto, three
    45  dollars, and five dollars in the county of Suffolk; and for each license
    46  issued to a gunsmith or dealer in firearms, ten dollars. The fee  for  a
    47  duplicate  license  shall  be  five  dollars.  The  fee for processing a
    48  license transfer between counties shall be five  dollars.  The  fee  for
    49  processing  a  license or renewal thereof for a qualified retired police
    50  officer as defined under subdivision thirty-four of section 1.20 of  the
    51  criminal procedure law, or a qualified retired sheriff, undersheriff, or
    52  deputy  sheriff of the city of New York as defined under subdivision two
    53  of section 2.10 of the criminal procedure law, or  a  qualified  retired
    54  bridge  and  tunnel  officer,  sergeant  or lieutenant of the triborough
    55  bridge and tunnel authority  as  defined  under  subdivision  twenty  of
    56  section  2.10  of  the  criminal  procedure  law, or a qualified retired

        S. 1703                             7

     1  uniformed court officer in the unified  court  system,  or  a  qualified
     2  retired  court clerk in the unified court system in the first and second
     3  judicial departments, as defined in paragraphs a and  b  of  subdivision
     4  twenty-one  of  section  2.10 of the criminal procedure law or a retired
     5  correction officer as defined in subdivision twenty-five of section 2.10
     6  of the criminal procedure law shall be waived in all counties throughout
     7  the state.
     8    § 9. This act shall take effect immediately and  shall  apply  to  all
     9  licenses held and issued on and after such date.