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: Partisan Bill (Republican 16-0)

Status: (Introduced) 2019-02-11 - referred to 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.
                                                                   LBD02964-02-9

        A. 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-
    23  ary 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.
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