STATE OF NEW YORK
        ________________________________________________________________________

                                          9389

                    IN SENATE

                                      May 14, 2024
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families

        AN ACT to amend the family court act, the penal law and the civil  prac-
          tice  law and rules, in relation to allowing access to juvenile delin-
          quency records for the purposes of  a  firearm  background  check  and
          authorizing  the  denial  of a firearm license for an applicant who is
          under the age of thirty and who as a juvenile was  adjudicated  delin-
          quent for an offense which, if committed by an adult, would constitute
          a felony or serious offense

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

     1    Section 1. Subdivision 4 of section 380.1 of the family court act,  as
     2  amended  by  chapter  37  of  the  laws  of  2016, is amended to read as
     3  follows:
     4    4. Notwithstanding any other provision of  law,  where  a  finding  of
     5  juvenile  delinquency  has  been  entered,  upon  request,  the  records
     6  pertaining to such case shall be made available to the  commissioner  of
     7  mental  health  or  the  commissioner [of] for people with developmental
     8  disabilities, as appropriate; the case review panel; [and] the  attorney
     9  general  pursuant  to  section  10.05  of  the  mental  hygiene law; the
    10  National Instant Criminal Background Check System in connection  with  a
    11  background  check  conducted  on  a person under twenty-two years of age
    12  pursuant to 18 U.S.C. § 922(t)(1)(C) and 34 U.S.C. § 40901(1); the divi-
    13  sion of state police in connection with a background check conducted  on
    14  a person under thirty years of age pursuant to section two hundred twen-
    15  ty-eight of the executive law; a licensing officer pursuant to an inves-
    16  tigation of an applicant who is under the age of thirty for a license to
    17  be  issued  or  renewed  under  subdivision one of section 400.00 of the
    18  penal law; and a law enforcement agency directed by a court to conduct a
    19  background investigation  in  a  proceeding  under  section  sixty-three
    20  hundred  forty-two  of  the  civil  practice  law  and rules regarding a
    21  respondent in such proceeding who is under the age of thirty.
    22    § 2. Section 381.2 of the family court act is amended by adding a  new
    23  subdivision 3 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14987-02-4

        S. 9389                             2

     1    3.  Notwithstanding the provisions of subdivision one of this section,
     2  a law enforcement agency directed by a court  to  conduct  a  background
     3  investigation  in  a proceeding under section sixty-three hundred forty-
     4  two of the civil practice law and rules regarding a respondent  in  such
     5  proceeding  who is under the age of thirty, may receive and consider the
     6  records and information on file  with  the  family  court,  unless  such
     7  records  and  information  have been sealed pursuant to section 375.1 of
     8  this article.
     9    § 3. Subdivision 2 of section 381.3 of the family court act, as  added
    10  by chapter 920 of the laws of 1982 and paragraph (b) as amended by chap-
    11  ter 926 of the laws of 1982, is amended to read as follows:
    12    2. Notwithstanding the provisions of subdivision one, the family court
    13  in the county in which the petition was adjudicated may, upon motion and
    14  for good cause shown, order such records open:
    15    (a)  to  the  respondent  or  [his]  the respondent's parent or person
    16  responsible for [his] the respondent's care; [or]
    17    (b) if the respondent is subsequently convicted of a crime, to a judge
    18  of the court in which [he] the respondent  was  convicted,  unless  such
    19  record has been sealed pursuant to section 375.1; or
    20    (c)  to  the  division of state police in connection with a background
    21  check conducted on a person  under  thirty  years  of  age  pursuant  to
    22  section two hundred twenty-eight of the executive law.
    23    §  4.  Subdivision 1 of section 400.00 of the penal law, as separately
    24  amended by chapters 371 and 669 of the laws of 2022, is amended to  read
    25  as follows:
    26    1. Eligibility. No license shall be issued or renewed pursuant to this
    27  section  except  by  the licensing officer, and then only after investi-
    28  gation and finding that all statements in a  proper  application  for  a
    29  license  are  true.  No license shall be issued or renewed except for an
    30  applicant (a) twenty-one years of age or older, provided, however,  that
    31  where  such  applicant  has  been  honorably  discharged from the United
    32  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    33  national  guard  of the state of New York, no such age restriction shall
    34  apply; (b) of good moral character, which,  for  the  purposes  of  this
    35  article,  shall  mean  having  the  essential character, temperament and
    36  [judgement] judgment necessary to be entrusted with a weapon and to  use
    37  it  only  in  a manner that does not endanger oneself or others; (c) who
    38  has not been convicted anywhere of a felony or a serious offense or  who
    39  is  not  the subject of an outstanding warrant of arrest issued upon the
    40  alleged commission of a felony or serious offense; (d)  who  is  not  an
    41  applicant who is under the age of thirty and who as a juvenile was adju-
    42  dicated delinquent for an offense which, if committed by an adult, would
    43  constitute  a  felony or serious offense; (e) who is not a fugitive from
    44  justice; [(e)] (f) who is not an unlawful user of  or  addicted  to  any
    45  controlled  substance as defined in section 21 U.S.C. 802; [(f)] (g) who
    46  being a noncitizen (i) is not illegally  or  unlawfully  in  the  United
    47  States or (ii) has not been admitted to the United States under a nonim-
    48  migrant  visa subject to the exception in 18 U.S.C. 922(y)(2); [(g)] (h)
    49  who has not been discharged from the  Armed  Forces  under  dishonorable
    50  conditions;  [(h)]  (i) who, having been a citizen of the United States,
    51  has not renounced [his or her] such applicant's citizenship;  [(i)]  (j)
    52  who  has stated whether [he or she] such applicant has ever suffered any
    53  mental illness; [(j)] (k) who has not been involuntarily committed to  a
    54  facility under the jurisdiction of an office of the department of mental
    55  hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
    56  article seven hundred thirty or section 330.20 of the criminal procedure

        S. 9389                             3

     1  law or substantially similar laws  of  any  other  state,  section  four
     2  hundred  two  or five hundred eight of the correction law, section 322.2
     3  or 353.4 of the family court act, has not been  civilly  confined  in  a
     4  secure  treatment facility pursuant to article ten of the mental hygiene
     5  law, or has not been the subject of a report made  pursuant  to  section
     6  9.46  of  the  mental  hygiene  law; [(k)] (l) who has not had a license
     7  revoked or who is not under a suspension or ineligibility  order  issued
     8  pursuant  to  the provisions of section 530.14 of the criminal procedure
     9  law or section eight hundred forty-two-a of the family court act;  [(l)]
    10  (m)  in  the  county  of  Westchester,  who has successfully completed a
    11  firearms safety course  and  test  as  evidenced  by  a  certificate  of
    12  completion issued in [his or her] such applicant's name and endorsed and
    13  affirmed under the penalties of perjury by a duly authorized instructor,
    14  except  that:  (i)  persons who are honorably discharged from the United
    15  States army, navy, marine corps or coast guard, or of the national guard
    16  of the state of New York, and produce evidence of official qualification
    17  in firearms during  the  term  of  service  are  not  required  to  have
    18  completed those hours of a firearms safety course pertaining to the safe
    19  use,  carrying,  possession,  maintenance and storage of a firearm; (ii)
    20  persons who were licensed to possess a pistol or revolver prior  to  the
    21  effective  date  of  this paragraph are not required to have completed a
    22  firearms safety course and  test,  provided,  however,  persons  with  a
    23  license  issued  under  paragraph (f) of subdivision two of this section
    24  prior to the effective date of chapter three hundred seventy-one of  the
    25  laws  of two thousand twenty-two [which amended this paragraph] shall be
    26  required to complete the training required by  subdivision  nineteen  of
    27  this  section  prior  to  the recertification of such license; and (iii)
    28  persons applying for a license under paragraph (f) of subdivision two of
    29  this section on or after the effective date of [the] chapter [of]  three
    30  hundred  seventy-one  of  the  laws  of  two  thousand twenty-two [which
    31  amended this paragraph] who shall be required to complete  the  training
    32  required  under  subdivision  nineteen of this section for such license;
    33  [(m)] (n) who has not had a guardian appointed for  [him  or  her]  such
    34  applicant  pursuant  to  any provision of state law, based on a determi-
    35  nation that  as  a  result  of  marked  subnormal  intelligence,  mental
    36  illness,  incompetency,  incapacity,  condition  or disease, [he or she]
    37  such applicant lacks the mental capacity to contract or manage  [his  or
    38  her]  such applicant's own affairs; [(n)] (o) for a license issued under
    39  paragraph (f) of subdivision two of this section, that the applicant has
    40  not been convicted within five years of the date of the  application  of
    41  any  of  the  following:  (i) assault in the third degree, as defined in
    42  section 120.00 of this chapter; (ii) misdemeanor driving  while  intoxi-
    43  cated,  as  defined  in section eleven hundred ninety-two of the vehicle
    44  and traffic law; or (iii) menacing, as defined in section 120.15 of this
    45  chapter; and [(o)] (p) for a  license  issued  under  paragraph  (f)  of
    46  subdivision two of this section, the applicant shall meet in person with
    47  the  licensing  officer  for  an interview and shall, in addition to any
    48  other information or forms required by the license application submit to
    49  the licensing officer the following information: (i) names  and  contact
    50  information for the applicant's current spouse, or domestic partner, any
    51  other adults residing in the applicant's home, including any adult chil-
    52  dren  of  the  applicant,  and whether or not there are minors residing,
    53  full time or part time, in the applicant's home; (ii) names and  contact
    54  information  of no less than four character references who can attest to
    55  the applicant's good moral character and that  such  applicant  has  not
    56  engaged in any acts, or made any statements that suggest they are likely

        S. 9389                             4

     1  to  engage in conduct that would result in harm to themselves or others;
     2  (iii) certification of completion of the training required  in  subdivi-
     3  sion  nineteen of this section; (iv) a list of former and current social
     4  media accounts of the applicant from the past three years to confirm the
     5  information regarding the [applicants] applicant's character and conduct
     6  as  required  in subparagraph (ii) of this paragraph; and (v) such other
     7  information required by the licensing officer that is reasonably  neces-
     8  sary and related to the review of the licensing application.
     9    §  5.  Subdivision  9  of  section  6342 of the civil practice law and
    10  rules, as added by chapter 19 of the laws of 2019, is amended to read as
    11  follows:
    12    9. (a) Upon issuance of a temporary extreme risk protection order,  or
    13  upon setting a hearing for a final extreme risk protection order where a
    14  temporary  order  is denied or not requested, the court shall direct the
    15  law enforcement agency  having  jurisdiction  to  conduct  a  background
    16  investigation  and  report  to the court and, subject to any appropriate
    17  redactions to protect any  person,  each  party  regarding  whether  the
    18  respondent:
    19    [(a)]  (i)  has any prior criminal conviction for an offense involving
    20  domestic violence, use of a weapon, or other violence;
    21    [(b)] (ii) has any criminal  charge  or  violation  currently  pending
    22  against [him or her] the respondent;
    23    [(c)] (iii) is currently on parole or probation;
    24    [(d)] (iv) possesses any registered firearms, rifles or shotguns; and
    25    [(e)]  (v)  has been, or is, subject to any order of protection or has
    26  violated or allegedly violated any order of protection.
    27    (b) If the respondent  is  under  the  age  of  thirty,  investigation
    28  required  by  paragraph (a) of this subdivision shall also report to the
    29  court and subject to any appropriate redactions to protect  any  person,
    30  each party regarding whether the respondent:
    31    (i)  as a juvenile was adjudicated delinquent for an offense which, if
    32  committed by an adult, would constitute an  offense  involving  domestic
    33  violence, use of a weapon, or other violence; and
    34    (ii) has any juvenile delinquency proceeding currently pending against
    35  such respondent.
    36    §  6.  This  act shall take effect on the thirtieth day after it shall
    37  have become a law.