STATE OF NEW YORK
________________________________________________________________________
2635
2023-2024 Regular Sessions
IN SENATE
January 23, 2023
___________
Introduced by Sens. GRIFFO, BORRELLO, GALLIVAN, HELMING, OBERACKER,
STEC, WEIK -- read twice and ordered printed, and when printed to be
committed 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05601-01-3
S. 2635 2
1 subject of an outstanding warrant of arrest issued upon the alleged
2 commission of a felony or serious offense; (d) who is not a fugitive
3 from justice; (e) who is not an unlawful user of or addicted to any
4 controlled substance as defined in section 21 U.S.C. 802; (f) who being
5 a noncitizen (i) is not illegally or unlawfully in the United States or
6 (ii) has not been admitted to the United States under a nonimmigrant
7 visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not
8 been discharged from the Armed Forces under dishonorable conditions; (h)
9 who, having been a citizen of the United States, has not renounced his
10 or her citizenship; (i) who has stated whether he or she has ever
11 suffered any mental illness; (j) who has not been involuntarily commit-
12 ted to a facility under the jurisdiction of an office of the department
13 of mental hygiene pursuant to article nine or fifteen of the mental
14 hygiene law, article seven hundred thirty or section 330.20 of the crim-
15 inal procedure law [or substantially similar laws of any other state],
16 section four hundred two or five hundred eight of the correction law,
17 section 322.2 or 353.4 of the family court act, has not been civilly
18 confined in a secure treatment facility pursuant to article ten of the
19 mental hygiene law, or has not been the subject of a report made pursu-
20 ant to section 9.46 of the mental hygiene law; (k) who has not had a
21 license revoked or who is not under a suspension or ineligibility order
22 issued pursuant to the provisions of section 530.14 of the criminal
23 procedure law or section eight hundred forty-two-a of the family court
24 act; (l) in the county of Westchester, who has successfully completed a
25 firearms safety course and test as evidenced by a certificate of
26 completion issued in his or her name and endorsed and affirmed under the
27 penalties of perjury by a duly authorized instructor, except that: (i)
28 persons who are honorably discharged from the United States army, navy,
29 marine corps or coast guard, or of the national guard of the state of
30 New York, and produce evidence of official qualification in firearms
31 during the term of service are not required to have completed those
32 hours of a firearms safety course pertaining to the safe use, carrying,
33 possession, maintenance and storage of a firearm; and (ii) persons who
34 were licensed to possess a pistol or revolver prior to the effective
35 date of this paragraph are not required to have completed a firearms
36 safety course and test[, provided, however, persons with a license
37 issued under paragraph (f) of subdivision two of this section prior to
38 the effective date of the laws of two thousand twenty-two which amended
39 this paragraph shall be required to complete the training required by
40 subdivision nineteen of this section prior to the recertification of
41 such license; and (iii) persons applying for a license under paragraph
42 (f) of subdivision two of this section on or after the effective date of
43 the chapter of the laws of two thousand twenty-two which amended this
44 paragraph who shall be required to complete the training required under
45 subdivision nineteen of this section for such license;] (m) who has not
46 had a guardian appointed for him or her pursuant to any provision of
47 state law, based on a determination that as a result of marked subnormal
48 intelligence, mental illness, [incompetency,] incapacity, condition or
49 disease, he or she lacks the mental capacity to contract or manage his
50 or her own affairs; [(n) for a license issued under paragraph (f) of
51 subdivision two of this section, that the applicant has not been
52 convicted within five years of the date of the application of any of the
53 following: (i) assault in the third degree, as defined in section 120.00
54 of this chapter; (ii) misdemeanor driving while intoxicated, as defined
55 in section eleven hundred ninety-two of the vehicle and traffic law; or
56 (iii) menacing, as defined in section 120.15 of this chapter; and (o)
S. 2635 3
1 for a license issued under paragraph (f) of subdivision two of this
2 section, the applicant shall meet in person with the licensing officer
3 for an interview and shall, in addition to any other information or
4 forms required by the license application submit to the licensing offi-
5 cer the following information: (i) names and contact information for the
6 applicant's current spouse, or domestic partner, any other adults resid-
7 ing in the applicant's home, including any adult children of the appli-
8 cant, and whether or not there are minors residing, full time or part
9 time, in the applicant's home; (ii) names and contact information of no
10 less than four character references who can attest to the applicant's
11 good moral character and that such applicant has not engaged in any
12 acts, or made any statements that suggest they are likely to engage in
13 conduct that would result in harm to themselves or others; (iii) certif-
14 ication of completion of the training required in subdivision nineteen
15 of this section; (iv) a list of former and current social media accounts
16 of the applicant from the past three years to confirm the information
17 regarding the applicants character and conduct as required in subpara-
18 graph (ii) of this paragraph; and (v) such other information required by
19 the licensing officer that is reasonably necessary and related to the
20 review of the licensing application] and (n) concerning whom no good
21 cause exists for the denial of the license.
22 [1-a.] No person shall engage in the business of gunsmith or dealer in
23 firearms unless licensed pursuant to this section. An applicant to
24 engage in such business shall also be a citizen of the United States,
25 more than twenty-one years of age and [shall be required] to maintain a
26 place of business in the city or county where the license is issued. For
27 such business, if the applicant is a firm or partnership, each member
28 thereof shall comply with all of the requirements set forth in this
29 subdivision and if the applicant is a corporation, each officer thereof
30 shall so comply.
31 [1-b.] 1-a. For purposes of subdivision one of this section, serious
32 offense shall include an offense in any jurisdiction or the former penal
33 law that includes all of the essential elements of a serious offense as
34 defined by subdivision seventeen of section 265.00 of this chapter.
35 Nothing in this subdivision shall preclude the denial of a license based
36 on the commission of, arrest for or conviction of an offense in any
37 other jurisdiction which does not include all of the essential elements
38 of a serious offense.
39 2. Types of licenses. A license for gunsmith or dealer in firearms
40 shall be issued to engage in such business. A license for a semiautomat-
41 ic rifle, other than an assault weapon or disguised gun, shall be issued
42 to purchase or take possession of such a [semiautomatic rifle] firearm
43 when such transfer of ownership occurs on or after the effective date of
44 the chapter [two hundred twelve] of the laws of two thousand twenty-two
45 that amended this subdivision. A license for a pistol or revolver, other
46 than an assault weapon or a disguised gun, shall be issued to (a) have
47 and possess in his dwelling by a householder; (b) have and possess in
48 his place of business by a merchant or storekeeper; (c) have and carry
49 concealed while so employed by a messenger employed by a banking insti-
50 tution or express company; (d) have and carry concealed by a justice of
51 the supreme court in the first or second judicial departments, or by a
52 judge of the New York city civil court or the New York city criminal
53 court; (e) have and carry concealed while so employed by a regular
54 employee of an institution of the state, or of any county, city, town or
55 village, under control of a commissioner of correction of the city or
56 any warden, superintendent or head keeper of any state prison, peniten-
S. 2635 4
1 tiary, workhouse, county jail or other institution for the detention of
2 persons convicted or accused of crime or held as witnesses in criminal
3 cases, provided that application is made therefor by such commissioner,
4 warden, superintendent or head keeper; (f) have and carry concealed,
5 without regard to employment or place of possession [subject to the
6 restrictions of state and federal law], by any person when proper cause
7 exists for the issuance thereof; and (g) have, possess, collect and
8 carry antique pistols which are defined as follows: (i) any single shot,
9 muzzle loading pistol with a matchlock, flintlock, percussion cap, or
10 similar type of ignition system manufactured in or before 1898, which is
11 not designed for using rimfire or conventional centerfire fixed ammuni-
12 tion; and (ii) any replica of any pistol described in clause (i) hereof
13 if such replica[;]:
14 (1) is not designed or redesigned for using rimfire or conventional
15 centerfire fixed ammunition, or
16 (2) uses rimfire or conventional centerfire fixed ammunition which is
17 no longer manufactured in the United States and which is not readily
18 available in the ordinary channels of commercial trade.
19 4-a. [Appeals from denial of an application, renewal, recertification
20 or license revocation. If an application for a license is denied, not
21 renewed, not recertified, or revoked, the licensing officer shall issue
22 a written notice to the applicant setting forth the reasons for such
23 denial. An applicant may, within ninety days of receipt of such notice,
24 request a hearing to appeal the denial to the appeals board created by
25 the division of criminal justice services and the superintendent of
26 state police. An individual may be represented by counsel at any appear-
27 ance before the appeals board and shall be afforded an opportunity to
28 present additional evidence in support of their application. The commis-
29 sioner of criminal justice services and the superintendent of state
30 police shall promulgate rules and regulations governing such appeals
31 process.
32 4-b.] Processing of license applications. Applications for licenses
33 shall be accepted for processing by the licensing officer at the time of
34 presentment. Except upon written notice to the applicant specifically
35 stating the reasons for any delay, in each case the licensing officer
36 shall act upon any application for a license pursuant to this section
37 within six months of the date of presentment of such an application to
38 the appropriate authority. Such delay may only be for good cause and
39 with respect to the applicant. In acting upon an application, the
40 licensing officer shall either deny the application for reasons specif-
41 ically and concisely stated in writing or grant the application and
42 issue the license applied for.
43 [4-c.] 4-b. Westchester county firearms safety course certificate. In
44 the county of Westchester, at the time of application, the licensing
45 officer to which the license application is made shall provide a copy of
46 the safety course booklet to each license applicant. Before such license
47 is issued, such licensing officer shall require that the applicant
48 submit a certificate of successful completion of a firearms safety
49 course and test issued in his or her name and endorsed and affirmed
50 under the penalties of perjury by a duly authorized instructor.
51 10. License: expiration, certification and renewal. (a) Any license
52 for gunsmith or dealer in firearms and, in the city of New York, any
53 license to carry or possess a pistol or revolver, issued at any time
54 pursuant to this section or prior to the first day of July, nineteen
55 hundred sixty-three and not limited to expire on an earlier date fixed
56 in the license, shall[, except as otherwise provided in paragraph (d) of
S. 2635 5
1 this subdivision,] expire not more than three years after the date of
2 issuance. In the counties of Nassau, Suffolk and Westchester, any
3 license to carry or possess a pistol or revolver, issued at any time
4 pursuant to this section or prior to the first day of July, nineteen
5 hundred sixty-three and not limited to expire on an earlier date fixed
6 in the license, shall expire not more than five years after the date of
7 issuance; however, in the county of Westchester, any such license shall
8 be certified prior to the first day of April, two thousand, in accord-
9 ance with a schedule to be contained in regulations promulgated by the
10 commissioner of the division of criminal justice services, and every
11 such license shall[, except as otherwise provided in paragraph (d) of
12 this subdivision,] be recertified every five years thereafter. For
13 purposes of this section certification shall mean that the licensee
14 shall provide to the licensing officer the following information only:
15 current name, date of birth, current address, and the make, model, cali-
16 ber and serial number of all firearms currently possessed. Such certif-
17 ication information shall be filed by the licensing officer in the same
18 manner as an amendment. Elsewhere than in the city of New York and the
19 counties of Nassau, Suffolk and Westchester, any license to carry or
20 possess a pistol or revolver, issued at any time pursuant to this
21 section or prior to the first day of July, nineteen hundred sixty-three
22 and not previously revoked or cancelled, shall be in force and effect
23 until revoked as herein provided. Any license not previously cancelled
24 or revoked shall remain in full force and effect for thirty days beyond
25 the stated expiration date on such license. Any application to renew a
26 license that has not previously expired, been revoked or cancelled shall
27 thereby extend the term of the license until disposition of the applica-
28 tion by the licensing officer. In the case of a license for gunsmith or
29 dealer in firearms, in counties having a population of less than two
30 hundred thousand inhabitants, photographs and fingerprints shall be
31 submitted on original applications and upon renewal thereafter only at
32 [three] six year intervals. Upon satisfactory proof that a currently
33 valid original license has been despoiled, lost or otherwise removed
34 from the possession of the licensee and upon application containing an
35 additional photograph of the licensee, the licensing officer shall issue
36 a duplicate license.
37 (b) All licensees shall be recertified to the division of state police
38 every five years thereafter[, except as otherwise provided in paragraph
39 (d) of this subdivision]. Any license issued before the effective date
40 of the chapter of the laws of two thousand thirteen which added this
41 paragraph shall be recertified by the licensee on or before January
42 thirty-first, two thousand eighteen, and not less than one year prior to
43 such date, the state police shall send a notice to all license holders
44 who have not recertified by such time. Such recertification shall be in
45 a form as approved by the superintendent of state police, which shall
46 request the license holder's name, date of birth, gender, race, residen-
47 tial address, social security number, firearms possessed by such license
48 holder, email address at the option of the license holder and an affir-
49 mation that such license holder is not prohibited from possessing
50 firearms. The form may be in an electronic form if so designated by the
51 superintendent of state police. Failure to recertify shall act as a
52 revocation of such license. If the New York state police discover as a
53 result of the recertification process that a licensee failed to provide
54 a change of address, the New York state police shall not require the
55 licensing officer to revoke such license.
S. 2635 6
1 (c) A license to purchase or take possession of a semiautomatic rifle
2 as defined in subdivision two of this section shall be recertified to
3 the applicable licensing officer every five years following the issuance
4 of such license. Failure to renew such a license shall be a violation
5 punishable by a fine not to exceed two hundred fifty dollars, and such
6 failure to renew shall be considered by the licensing officer when
7 reviewing future license applications by the license holder pursuant to
8 this chapter.
9 [(d) Licenses issued under paragraph (f) of subdivision two of this
10 section shall be recertified or renewed in the same form and manner as
11 otherwise required by this subdivision, provided however, that such
12 licenses shall be recertified or renewed every three years following the
13 issuance of such license. For licenses issued prior to the effective
14 date of this paragraph that were issued more than three years prior to
15 such date, or will expire in less than one year from such date shall be
16 recertified or renewed within one year of such date.]
17 11. License: revocation and suspension. (a) The conviction of a licen-
18 see anywhere of a felony or serious offense or a licensee at any time
19 becoming ineligible to obtain a license[, including engaging in conduct
20 that would have resulted in the denial of a license, under this section
21 shall operate as or be grounds for,] under this section shall operate as
22 a revocation of the license. A license may be revoked or suspended as
23 provided for in section 530.14 of the criminal procedure law or section
24 eight hundred forty-two-a of the family court act. Except for a license
25 issued pursuant to section 400.01 of this article, a license may be
26 revoked and cancelled at any time in the city of New York, and in the
27 counties of Nassau and Suffolk, by the licensing officer, and elsewhere
28 than in the city of New York by any judge or justice of a court of
29 record; a license issued pursuant to section 400.01 of this article may
30 be revoked and cancelled at any time by the licensing officer or any
31 judge or justice of a court of record. A license to engage in the busi-
32 ness of dealer may be revoked or suspended for any violation of the
33 provisions of article thirty-nine-BB of the general business law. The
34 official revoking a license shall give written notice thereof without
35 unnecessary delay to the executive department, division of state police,
36 Albany, and shall also notify immediately the duly constituted police
37 authorities of the locality. [The licensing officer shall revoke any
38 license issued in which an applicant knowingly made a material false
39 statement on the application. Notice of a revocation under this subdivi-
40 sion shall be issued in writing and shall include the basis for the
41 determination, which shall be supported by a preponderance of the
42 evidence. Such notice shall also include information regarding the abil-
43 ity to appeal such decision in accordance with subdivision four-a of
44 this section.]
45 (b) Whenever the director of community services or his or her designee
46 makes a report pursuant to section 9.46 of the mental hygiene law, the
47 division of criminal justice services shall convey such information,
48 whenever it determines that the person named in the report possesses a
49 license issued pursuant to this section, to the appropriate licensing
50 official, who shall issue an order suspending or revoking such license.
51 (c) In any instance in which a person's license is suspended or
52 revoked under paragraph (a) or (b) of this subdivision, such person
53 shall surrender such license to the appropriate licensing official and
54 any and all firearms, rifles, or shotguns owned or possessed by such
55 person shall be surrendered to an appropriate law enforcement agency as
56 provided in subparagraph (f) of paragraph one of subdivision a of
S. 2635 7
1 section 265.20 of this chapter. In the event such license, firearm,
2 shotgun, or rifle is not surrendered, such items shall be removed and
3 declared a nuisance and any police officer or peace officer acting
4 pursuant to his or her special duties is authorized to remove any and
5 all such weapons.
6 § 2. Subdivision 23 of section 837 of the executive law is REPEALED.
7 § 3. Section 235 of the executive law is REPEALED.
8 § 4. Section 265.01-e of the penal law is REPEALED.
9 § 5. Section 265.01-d of the penal law is REPEALED.
10 § 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law
11 is REPEALED.
12 § 7. Section 400.02 of the penal law, as amended by chapter 371 of the
13 laws of 2022, is amended to read as follows:
14 § 400.02 Statewide license and record database.
15 [1.] There shall be a statewide license and record database which
16 shall be created and maintained by the division of state police the cost
17 of which shall not be borne by any municipality. Records assembled or
18 collected for purposes of inclusion in such database shall not be
19 subject to disclosure pursuant to article six of the public officers
20 law. [All records] Records containing granted license applications [from
21 all licensing authorities] shall be [monthly] periodically checked by
22 the division of criminal justice services [in conjunction with the divi-
23 sion of state police] against criminal conviction, [criminal indict-
24 ment,] mental health, [extreme risk protection orders, orders of
25 protection,] and all other records as are necessary to determine their
26 continued accuracy as well as whether an individual is no longer a valid
27 license holder. The division of criminal justice services shall also
28 check pending applications made pursuant to this article against such
29 records to determine whether a license may be granted. All state [and
30 local] agencies shall cooperate with the division of criminal justice
31 services, as otherwise authorized by law, in making their records avail-
32 able for such checks. The division of criminal justice services, upon
33 determining that an individual is ineligible to possess a license, or is
34 no longer a valid license holder, shall notify the applicable licensing
35 official of such determination and such licensing official shall not
36 issue a license or [shall] revoke such license and any weapons owned or
37 possessed by such individual shall be removed consistent with the
38 provisions of subdivision eleven of section 400.00 of this article.
39 Local and state law enforcement shall have access to such database in
40 the performance of their duties. Records assembled or collected for
41 purposes of inclusion in the database established by this section shall
42 be released pursuant to a court order.
43 [2. There shall be a statewide license and record database specific
44 for ammunition sales which shall be created and maintained by the divi-
45 sion of state police the cost of which shall not be borne by any munici-
46 pality no later than thirty days upon designating the division of state
47 police as the point of contact to perform both firearm and ammunition
48 background checks under federal and state law. Records assembled or
49 collected for purposes of inclusion in such database shall not be
50 subject to disclosure pursuant to article six of the public officers
51 law. All records containing granted license applications from all
52 licensing authorities shall be monthly checked by the division of crimi-
53 nal justice services in conjunction with the division of state police
54 against criminal conviction, criminal indictments, mental health,
55 extreme risk protection orders, orders of protection, and all other
56 records as are necessary to determine their continued accuracy as well
S. 2635 8
1 as whether an individual is no longer a valid license holder. The divi-
2 sion of criminal justice services shall also check pending applications
3 made pursuant to this article against such records to determine whether
4 a license may be granted. All state and local agencies shall cooperate
5 with the division of criminal justice services, as otherwise authorized
6 by law, in making their records available for such checks. No later than
7 thirty days after the superintendent of the state police certifies that
8 the statewide license and record database established pursuant to this
9 section and the statewide license and record database established for
10 ammunition sales are operational for the purposes of this section, a
11 dealer in firearms licensed pursuant to section 400.00 of this article,
12 a seller of ammunition as defined in subdivision twenty-four of section
13 265.00 of this chapter shall not transfer any ammunition to any other
14 person who is not a dealer in firearms as defined in subdivision nine of
15 such section 265.00 or a seller of ammunition as defined in subdivision
16 twenty-four of section 265.00 of this chapter, unless:
17 (a) before the completion of the transfer, the licensee or seller
18 contacts the statewide license and record database and provides the
19 database with information sufficient to identify such dealer or seller
20 transferee based on information on the transferee's identification docu-
21 ment as defined in paragraph (c) of this subdivision, as well as the
22 amount, caliber, manufacturer's name and serial number, if any, of such
23 ammunition;
24 (b) the licensee or seller is provided with a unique identification
25 number; and
26 (c) the transferor has verified the identity of the transferee by
27 examining a valid state identification document of the transferee issued
28 by the department of motor vehicles or if the transferee is not a resi-
29 dent of the state of New York, a valid identification document issued by
30 the transferee's state or country of residence containing a photograph
31 of the transferee.]
32 § 8. Subdivisions 2 and 6 of section 400.03 of the penal law, as
33 amended by section 8 of chapter 371 of the laws of 2022, are amended to
34 read as follows:
35 2. Any seller of ammunition or dealer in firearms shall keep [either
36 an electronic record, or dataset, or an organized collection of struc-
37 tured information, or data, typically stored electronically in a comput-
38 er system] a record book approved as to form by the superintendent of
39 state police. In the record book shall be entered at the time of every
40 transaction involving ammunition the date, name, age, occupation and
41 residence of any person from whom ammunition is received or to whom
42 ammunition is delivered, and the amount, calibre, manufacturer's name
43 and serial number, or if none, any other distinguishing number or iden-
44 tification mark on such ammunition. The record book shall be maintained
45 on the premises mentioned and described in the license and shall be open
46 at all reasonable hours for inspection by any peace officer, acting
47 pursuant to his or her special duties, or police officer. Any record
48 produced pursuant to this section and any transmission thereof to any
49 government agency shall not be considered a public record for purposes
50 of article six of the public officers law.
51 6. If the superintendent of state police certifies that background
52 checks of ammunition purchasers may be conducted through the national
53 instant criminal background check system [or through the division of
54 state police once the division has been designated point of contact],
55 use of that system by a dealer or seller shall be sufficient to satisfy
56 subdivisions four and five of this section and such checks shall be
S. 2635 9
1 conducted through such system, provided that a record of such trans-
2 action shall be forwarded to the state police in a form determined by
3 the superintendent.
4 § 9. Section 265.45 of the penal law, as amended by chapter 371 of the
5 laws of 2022, is amended to read as follows:
6 § 265.45 Failure to safely store rifles, shotguns, and firearms in the
7 first degree.
8 [1.] No person who owns or is custodian of a rifle, shotgun or firearm
9 who resides with an individual who: (i) is under [eighteen] sixteen
10 years of age; (ii) such person knows or has reason to know is prohibited
11 from possessing a rifle, shotgun or firearm pursuant to a temporary or
12 final extreme risk protection order issued under article sixty-three-A
13 of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8)
14 or (9); or (iii) such person knows or has reason to know is prohibited
15 from possessing a rifle, shotgun or firearm based on a conviction for a
16 felony or a serious offense, shall store or otherwise leave such rifle,
17 shotgun or firearm out of his or her immediate possession or control
18 without having first securely locked such rifle, shotgun or firearm in
19 an appropriate safe storage depository or rendered it incapable of being
20 fired by use of a gun locking device appropriate to that weapon.
21 [2. No person shall store or otherwise leave a rifle, shotgun, or
22 firearm out of his or her immediate possession or control inside a vehi-
23 cle without first removing the ammunition from and securely locking such
24 rifle, shotgun, or firearm in an appropriate safe storage depository out
25 of sight from outside of the vehicle.
26 3.] For purposes of this section "safe storage depository" shall mean
27 a safe or other secure container which, when locked, is incapable of
28 being opened without the key, [keypad,] combination or other unlocking
29 mechanism and is capable of preventing an unauthorized person from
30 obtaining access to and possession of the weapon contained therein [and
31 shall be fire, impact, and tamper resistant]. Nothing in this section
32 shall be deemed to affect, impair or supersede any special or local act
33 relating to the safe storage of rifles, shotguns or firearms which
34 impose additional requirements on the owner or custodian of such weap-
35 ons. [For the purposes of subdivision two of this section, a glove
36 compartment or glove box shall not be considered an appropriate safe
37 storage depository.
38 4.] It shall not be a violation of this section to allow a person less
39 than [eighteen] sixteen years of age access to: (i) a firearm, rifle or
40 shotgun for lawful use as authorized under paragraph seven or seven-e of
41 subdivision a of section 265.20 of this article, or (ii) a rifle or
42 shotgun for lawful use as authorized by article eleven of the environ-
43 mental conservation law when such person less than [eighteen] sixteen
44 years of age is the holder of a hunting license or permit and such rifle
45 or shotgun is used in accordance with such law.
46 Failure to safely store rifles, shotguns, and firearms in the first
47 degree is a class A misdemeanor.
48 § 10. Section 400.30 of the penal law is REPEALED.
49 § 11. Section 270.20 of the penal law, as amended by chapter 371 of
50 the laws of 2022, is amended to read as follows:
51 § 270.20 Unlawful wearing of a body [armor] vest.
52 1. A person is guilty of the unlawful wearing of a body [armor] vest
53 when acting either alone or with one or more other persons he commits
54 any violent felony offense defined in section 70.02 while possessing a
55 firearm, rifle or shotgun and in the course of and in furtherance of
56 such crime he or she wears a body [armor] vest.
S. 2635 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
S. 2635 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
S. 2635 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,
S. 2635 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
S. 2635 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.