Bill Text: NY A05348 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to extending the deadline for recertification of licenses to carry or possess a pistol or revolver until July 31, 2020.
Spectrum: Strong Partisan Bill (Republican 16-1)
Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05348 Detail]
Download: New_York-2019-A05348-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5348 2019-2020 Regular Sessions IN ASSEMBLY February 11, 2019 ___________ Introduced by M. of A. DiPIETRO, BARCLAY, PALMESANO, HAWLEY, RA, MONTES- ANO, B. MILLER, KOLB, GIGLIO, NORRIS, BLANKENBUSH, CROUCH, LAWRENCE -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to extending the deadline for recertification of licenses to carry or possess a pistol or revolver 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 1 of the laws of 2013, is amended to read as follows: 3 10. License: expiration, certification and renewal. (a) Any license 4 for gunsmith or dealer in firearms and, in the city of New York, any 5 license to carry or possess a pistol or revolver, issued at any time 6 pursuant to this section or prior to the first day of July, nineteen 7 hundred sixty-three and not limited to expire on an earlier date fixed 8 in the license, shall expire not more than three years after the date of 9 issuance. In the counties of Nassau, Suffolk and Westchester, any 10 license to carry or possess a pistol or revolver, issued at any time 11 pursuant to this section or prior to the first day of July, nineteen 12 hundred sixty-three and not limited to expire on an earlier date fixed 13 in the license, shall expire not more than five years after the date of 14 issuance; however, in the county of Westchester, any such license shall 15 be certified prior to the first day of April, two thousand, in accord- 16 ance with a schedule to be contained in regulations promulgated by the 17 commissioner of the division of criminal justice services, and every 18 such license shall be recertified every five years thereafter. For 19 purposes of this section certification shall mean that the licensee 20 shall provide to the licensing officer the following information only: 21 current name, date of birth, current address, and the make, model, cali- 22 ber and serial number of all firearms currently possessed. Such certif- 23 ication information shall be filed by the licensing officer in the same 24 manner as an amendment. Elsewhere than in the city of New York and the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02964-02-9A. 5348 2 1 counties of Nassau, Suffolk and Westchester, any license to carry or 2 possess a pistol or revolver, issued at any time pursuant to this 3 section or prior to the first day of July, nineteen hundred sixty-three 4 and not previously revoked or cancelled, shall be in force and effect 5 until revoked as herein provided. Any license not previously cancelled 6 or revoked shall remain in full force and effect for thirty days beyond 7 the stated expiration date on such license. Any application to renew a 8 license that has not previously expired, been revoked or cancelled shall 9 thereby extend the term of the license until disposition of the applica- 10 tion by the licensing officer. In the case of a license for gunsmith or 11 dealer in firearms, in counties having a population of less than two 12 hundred thousand inhabitants, photographs and fingerprints shall be 13 submitted on original applications and upon renewal thereafter only at 14 six year intervals. Upon satisfactory proof that a currently valid 15 original license has been despoiled, lost or otherwise removed from the 16 possession of the licensee and upon application containing an additional 17 photograph of the licensee, the licensing officer shall issue a dupli- 18 cate license. 19 (b) All licensees shall be recertified to the division of state police 20 every five years thereafter. Any license issued before the effective 21 date of the chapter of the laws of two thousand thirteen which added 22 this paragraph shall be recertified by the licensee on or before [Janu-23ary thirty-first, two thousand eighteen] July thirty-first, two thousand 24 twenty, and not less than one year prior to such date, the state police 25 shall send a notice to all license holders who have not recertified by 26 such time. Such recertification shall be in a form as approved by the 27 superintendent of state police, which shall request the license holder's 28 name, date of birth, gender, race, residential address, social security 29 number, firearms possessed by such license holder, email address at the 30 option of the license holder and an affirmation that such license holder 31 is not prohibited from possessing firearms. The form may be in an elec- 32 tronic form if so designated by the superintendent of state police. 33 Failure to recertify shall act as a revocation of such license. If the 34 New York state police discover as a result of the recertification proc- 35 ess that a licensee failed to provide a change of address, the New York 36 state police shall not require the licensing officer to revoke such 37 license. 38 § 2. This act shall take effect immediately and shall be deemed to 39 have been in full force and effect on and after January 31, 2018.