S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          50
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to providing for the  expira-
         tion  and renewal of certain firearms licenses outside the city of New
         York
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subdivision  10  of section 400.00 of the penal law, as
    2  amended by chapter 447 of the laws  of  1997,  is  amended  to  read  as
    3  follows:
    4    10.  License: expiration[, certification] and renewal. Any license for
    5  gunsmith or dealer in firearms and, in the city of New York, any license
    6  to carry or possess a pistol or revolver, issued at any time pursuant to
    7  this section or prior to the first day of July, nineteen hundred  sixty-
    8  three and not limited to expire on an earlier date fixed in the license,
    9  shall  expire  not more than three years after the date of issuance. [In
   10  the counties of Nassau, Suffolk and Westchester, any license to carry or
   11  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
   12  section  or prior to the first day of July, nineteen hundred sixty-three
   13  and not limited to expire on an earlier date fixed in the license, shall
   14  expire not more than five years after the date of issuance; however,  in
   15  the  county of Westchester, any such license shall be certified prior to
   16  the first day of April, two thousand, in accordance with a  schedule  to
   17  be contained in regulations promulgated by the commissioner of the divi-
   18  sion  of  criminal  justice  services,  and  every such license shall be
   19  recertified every five years thereafter. For purposes  of  this  section
   20  certification  shall mean that the licensee shall provide to the licens-
   21  ing officer the following information  only:    current  name,  date  of
   22  birth,  current  address, and the make, model, caliber and serial number
   23  of all firearms  currently  possessed.  Such  certification  information
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01075-01-3
       S. 50                               2
    1  shall  be filed by the licensing officer in the same manner as an amend-
    2  ment. Elsewhere than in the city of New York and the counties of Nassau,
    3  Suffolk and Westchester, any license to carry or  possess  a  pistol  or
    4  revolver,  issued  at  any time pursuant to this section or prior to the
    5  first day of July,  nineteen  hundred  sixty-three  and  not  previously
    6  revoked  or  cancelled,  shall  be  in force and effect until revoked as
    7  herein provided.] ELSEWHERE THAN IN THE CITY OF NEW YORK ANY LICENSE  TO
    8  CARRY  OR  POSSESS  A PISTOL OR REVOLVER, ISSUED AT ANY TIME PURSUANT TO
    9  THIS SECTION OR PRIOR TO THE FIRST DAY OF JULY, NINETEEN HUNDRED  SIXTY-
   10  THREE AND NOT LIMITED TO EXPIRE ON AN EARLIER DATE FIXED IN THE LICENSE,
   11  SHALL  EXPIRE  NOT  MORE  THAN  FIVE  YEARS  AFTER THE DATE OF ISSUANCE,
   12  PROVIDED THAT ELSEWHERE THAN IN THE CITY OF NEW YORK, NASSAU COUNTY  AND
   13  SUFFOLK COUNTY, THE DATE OF ISSUANCE OF ANY SUCH LICENSE FOR PURPOSES OF
   14  DETERMINING  THE EXPIRATION DATE OF SUCH LICENSE SHALL BE ESTABLISHED IN
   15  ACCORDANCE WITH A SCHEDULE TO BE CONTAINED IN REGULATIONS PROMULGATED BY
   16  THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES. Any license not previous-
   17  ly cancelled or revoked shall remain in full force and effect for thirty
   18  days beyond the stated expiration date on such license. Any  application
   19  to  renew  a  license  that  has not previously expired, been revoked or
   20  cancelled shall thereby extend the term of the license until disposition
   21  of the application by the licensing officer. In the case  of  a  license
   22  for  gunsmith  or dealer in firearms, in counties having a population of
   23  less than two hundred thousand inhabitants, photographs and fingerprints
   24  shall be submitted on original applications and upon renewal  thereafter
   25  only  at  six  year  intervals. Upon satisfactory proof that a currently
   26  valid original license has been despoiled,  lost  or  otherwise  removed
   27  from  the  possession of the licensee and upon application containing an
   28  additional photograph of the licensee, the licensing officer shall issue
   29  a duplicate license.
   30    S 2. This act shall take effect immediately.