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.