STATE OF NEW YORK
        ________________________________________________________________________

                                          7650

                               2023-2024 Regular Sessions

                    IN SENATE

                                   September 11, 2023
                                       ___________

        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT amend the penal law, in relation to  the  statewide  license  and
          record database; and to repeal certain provisions of the executive law
          and the state finance law relating thereto

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

     1    Section 1. The opening paragraph of subdivision 2 of section 400.02 of
     2  the penal law, as added by chapter 371 of the laws of 2022,  is  amended
     3  to read as follows:
     4    There  shall  be  a statewide license and record database specific for
     5  ammunition sales which shall be created and maintained by  the  division
     6  of  state  police  the  cost of which shall not be borne by [any munici-
     7  pality] the state in its entirety and shall not be passed on to  consum-
     8  ers  or  retailers subject to ammunition background checks no later than
     9  thirty days upon designating the division of state police as  the  point
    10  of  contact  to  perform  both  firearm and ammunition background checks
    11  under federal and state law. Records assembled or collected for purposes
    12  of inclusion in such database shall not be subject to disclosure  pursu-
    13  ant  to  article  six of the public officers law. All records containing
    14  granted license applications from all  licensing  authorities  shall  be
    15  monthly checked by the division of criminal justice services in conjunc-
    16  tion  with  the  division  of  state police against criminal conviction,
    17  criminal indictments, mental health,  extreme  risk  protection  orders,
    18  orders  of  protection, and all other records as are necessary to deter-
    19  mine their continued accuracy as well as whether  an  individual  is  no
    20  longer a valid license holder. The division of criminal justice services
    21  shall  also  check  pending  applications  made pursuant to this article
    22  against such records to determine whether a license may be granted.  All
    23  state  and  local agencies shall cooperate with the division of criminal
    24  justice services, as  otherwise  authorized  by  law,  in  making  their

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13175-01-3

        S. 7650                             2

     1  records  available  for such checks. No later than thirty days after the
     2  superintendent of the state police certifies that the statewide  license
     3  and  record database established pursuant to this section and the state-
     4  wide  license  and  record database established for ammunition sales are
     5  operational for the purposes of  this  section,  a  dealer  in  firearms
     6  licensed pursuant to section 400.00 of this article, a seller of ammuni-
     7  tion  as  defined  in  subdivision twenty-four of section 265.00 of this
     8  chapter shall not transfer any ammunition to any other person who is not
     9  a dealer in firearms as defined in  subdivision  nine  of  such  section
    10  265.00  or  a seller of ammunition as defined in subdivision twenty-four
    11  of section 265.00 of this chapter, unless:
    12    § 2. Subdivision 5 of section 228 of the executive law is REPEALED.
    13    § 3. Section 99-pp of the state finance law, as added by  chapter  371
    14  of the laws of 2022,  is REPEALED.
    15    § 4. This act shall take effect immediately.