Bill Text: NY A06140 | 2017-2018 | General Assembly | Introduced
Bill Title: Limits the application of the "safe act" to the counties of Kings, Queens, Richmond, New York and Bronx.
Spectrum: Partisan Bill (Republican 26-0)
Status: (Introduced - Dead) 2018-06-05 - held for consideration in codes [A06140 Detail]
Download: New_York-2017-A06140-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6140 2017-2018 Regular Sessions IN ASSEMBLY February 23, 2017 ___________ Introduced by M. of A. BUTLER, KOLB, BARCLAY, BYRNE, CROUCH, ERRIGO, FRIEND, GIGLIO, GRAF, HAWLEY, LALOR, McLAUGHLIN, B. MILLER, MORINELLO, MURRAY, NORRIS, OAKS, PALMESANO -- Multi-Sponsored by -- M. of A. M. L. MILLER, WALSH -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the family court act, the domestic relations law, the general business law, the judiciary law, the mental hygiene law, the penal law and the surrogate's court proce- dure act, in relation to limiting the application of certain provisions of law relating to firearms to the counties of Kings, Queens, Richmond, New York and Bronx; and to repeal section 400.02 of the penal law relating to the statewide license and record database The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2-a of section 330.20 of the criminal procedure 2 law, as added by chapter 1 of the laws of 2013, is amended to read as 3 follows: 4 2-a. Firearm, rifle or shotgun surrender order in certain counties. 5 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx, 6 upon entry of a verdict of not responsible by reason of mental disease 7 or defect, or upon the acceptance of a plea of not responsible by reason 8 of mental disease or defect, or upon a finding that the defendant is an 9 incapacitated person pursuant to article seven hundred thirty of this 10 chapter, the court shall revoke the defendant's firearm license, if any, 11 inquire of the defendant as to the existence and location of any 12 firearm, rifle or shotgun owned or possessed by such defendant and 13 direct the surrender of such firearm, rifle or shotgun pursuant to 14 subparagraph (f) of paragraph one of subdivision a of section 265.20 and 15 subdivision six of section 400.05 of the penal law. 16 § 2. Section 380.96 of the criminal procedure law, as added by chapter 17 1 of the laws of 2013, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04769-06-7A. 6140 2 1 § 380.96 Obligation of sentencing court in certain counties pursuant to 2 article four hundred of the penal law. 3 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx, 4 upon judgment of conviction of any offense which would require the 5 seizure of firearms, shotguns or rifles from an individual so convicted, 6 and the revocation of any license or registration issued pursuant to 7 article four hundred of the penal law, the judge pronouncing sentence 8 shall demand surrender of any such license or registration and all 9 firearms, shotguns and rifles. The failure to so demand surrender shall 10 not effect the validity of any revocation pursuant to article four 11 hundred of the penal law. 12 § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act, 13 as amended by chapter 1 of the laws of 2013, are amended to read as 14 follows: 15 1. [Suspension] Mandatory and permissive suspension of firearms 16 license and ineligibility for such a license upon the issuance of a 17 temporary order of protection. Whenever a temporary order of protection 18 is issued pursuant to section eight hundred twenty-eight of this arti- 19 cle, or in the counties of Kings, Queens, Richmond, New York and Bronx, 20 pursuant to article four, five, six, seven or ten of this act: 21 (a) the court shall suspend any such existing license possessed by the 22 respondent, order the respondent ineligible for such a license, and 23 order the immediate surrender [pursuant to subparagraph (f) of paragraph24one of subdivision a of section 265.20 and subdivision six of section25400.05 of the penal law,] of any or all firearms owned or possessed 26 where the court receives information that gives the court good cause to 27 believe that: (i) the respondent has a prior conviction of any violent 28 felony offense as defined in section 70.02 of the penal law; (ii) the 29 respondent has previously been found to have willfully failed to obey a 30 prior order of protection and such willful failure involved (A) the 31 infliction of physical injury, as defined in subdivision nine of section 32 10.00 of the penal law, (B) the use or threatened use of a deadly weapon 33 or dangerous instrument as those terms are defined in subdivisions 34 twelve and thirteen of section 10.00 of the penal law, or (C) behavior 35 constituting any violent felony offense as defined in section 70.02 of 36 the penal law; or (iii) the respondent has a prior conviction for stalk- 37 ing in the first degree as defined in section 120.60 of the penal law, 38 stalking in the second degree as defined in section 120.55 of the penal 39 law, stalking in the third degree as defined in section 120.50 of the 40 penal law or stalking in the fourth degree as defined in section 120.45 41 of such law; and 42 (b) the court may and, in the counties of Kings, Queens, Richmond, New 43 York and Bronx, shall where the court finds a substantial risk that the 44 respondent may use or threaten to use a firearm unlawfully against the 45 person or persons for whose protection the temporary order of protection 46 is issued, suspend any such existing license possessed by the respond- 47 ent, order the respondent ineligible for such a license, and order the 48 immediate surrender [pursuant to subparagraph (f) of paragraph one of49subdivision a of section 265.20 and subdivision six of section 400.05 of50the penal law,] of any or all firearms owned or possessed. 51 2. [Revocation] Mandatory and permissive revocation or suspension of 52 firearms license and ineligibility for such a license upon the issuance 53 of an order of protection. Whenever an order of protection is issued 54 pursuant to section eight hundred forty-one of this part, or in the 55 county of Kings, Queens, Richmond, New York or Bronx, pursuant to arti- 56 cle four, five, six, seven or ten of this act:A. 6140 3 1 (a) the court shall revoke any such existing license possessed by the 2 respondent, order the respondent ineligible for such a license, and 3 order the immediate surrender [pursuant to subparagraph (f) of paragraph4one of subdivision a of section 265.20 and subdivision six of section5400.05 of the penal law,] of any or all firearms owned or possessed 6 where the court finds that the conduct which resulted in the issuance of 7 the order of protection involved (i) the infliction of serious physical 8 injury, as defined in subdivision [nine] ten of section 10.00 of the 9 penal law, (ii) the use or threatened use of a deadly weapon or danger- 10 ous instrument as those terms are defined in subdivisions twelve and 11 thirteen of section 10.00 of the penal law, or (iii) behavior constitut- 12 ing any violent felony offense as defined in section 70.02 of the penal 13 law; and 14 (b) the court may and, in the counties of Kings, Queens, Richmond, New 15 York and Bronx, shall, where the court finds a substantial risk that the 16 respondent may use or threaten to use a firearm unlawfully against the 17 person or persons for whose protection the order of protection is 18 issued, (i) revoke any such existing license possessed by the respond- 19 ent, order the respondent ineligible for such a license and order the 20 immediate surrender [pursuant to subparagraph (f) of paragraph one of21subdivision a of section 265.20 and subdivision six of section 400.05 of22the penal law,] of any or all firearms owned or possessed or (ii) 23 suspend or continue to suspend any such existing license possessed by 24 the respondent, order the respondent ineligible for such a license, and 25 order the immediate surrender [pursuant to subparagraph (f) of paragraph26one of subdivision a of section 265.20 and subdivision six of section27400.05 of the penal law,] of any or all firearms owned or possessed. 28 3. [Revocation] Mandatory and permissive revocation or suspension of 29 firearms license and ineligibility for such a license upon a finding of 30 a willful failure to obey an order of protection or, in the county of 31 Kings, Queens, Richmond, New York or Bronx, temporary order of 32 protection. Whenever a respondent has been found, pursuant to section 33 eight hundred forty-six-a of this part to have willfully failed to obey 34 an order of protection or temporary order of protection issued [pursuant35to this act or the domestic relations law, or] by this court or by a 36 court of competent jurisdiction in another state, territorial or tribal 37 jurisdiction, in addition to any other remedies available pursuant to 38 section eight hundred forty-six-a of this part: 39 (a) the court shall revoke any such existing license possessed by the 40 respondent, order the respondent ineligible for such a license, and 41 order the immediate surrender [pursuant to subparagraph (f) of paragraph42one of subdivision a of section 265.20 and subdivision six of section43400.05 of the penal law,] of any or all firearms owned or possessed 44 where the willful failure to obey such order involves (i) the infliction 45 of serious physical injury, as defined in subdivision [nine] ten of 46 section 10.00 of the penal law, (ii) the use or threatened use of a 47 deadly weapon or dangerous instrument as those terms are defined in 48 subdivisions twelve and thirteen of section 10.00 of the penal law, or 49 (iii) behavior constituting any violent felony offense as defined in 50 section 70.02 of the penal law; or (iv) behavior constituting stalking 51 in the first degree as defined in section 120.60 of the penal law, 52 stalking in the second degree as defined in section 120.55 of the penal 53 law, stalking in the third degree as defined in section 120.50 of the 54 penal law or stalking in the fourth degree as defined in section 120.45 55 of such law; andA. 6140 4 1 (b) the court may and, in the counties of Kings, Queens, Richmond, New 2 York and Bronx, shall where the court finds a substantial risk that the 3 respondent may use or threaten to use a firearm unlawfully against the 4 person or persons for whose protection the order of protection was 5 issued, (i) revoke any such existing license possessed by the respond- 6 ent, order the respondent ineligible for such a license, whether or not 7 the respondent possesses such a license, and order the immediate surren- 8 der [pursuant to subparagraph (f) of paragraph one of subdivision a of9section 265.20 and subdivision six of section 400.05 of the penal law,] 10 of any or all firearms owned or possessed or (ii) suspend any such 11 existing license possessed by the respondent, order the respondent inel- 12 igible for such a license, and order the immediate surrender of any or 13 all firearms owned or possessed. 14 § 4. Section 846-a of the family court act, as amended by chapter 1 of 15 the laws of 2013, is amended to read as follows: 16 § 846-a. Powers on failure to obey order. If a respondent is brought 17 before the court for failure to obey any lawful order issued under this 18 article or an order of protection or, in the county of Kings, Queens, 19 Richmond, New York or Bronx, temporary order of protection issued 20 [pursuant to this act or issued] by a court of competent jurisdiction of 21 another state, territorial or tribal jurisdiction and if, after hearing, 22 the court is satisfied by competent proof that the respondent has will- 23 fully failed to obey any such order, the court may modify an existing 24 order or, in the county of Kings, Queens, Richmond, New York or Bronx, 25 temporary order of protection to add reasonable conditions of behavior 26 to the existing order, make a new order of protection in accordance with 27 section eight hundred forty-two of this part, may order the forfeiture 28 of bail in a manner consistent with article five hundred forty of the 29 criminal procedure law if bail has been ordered pursuant to this act, 30 may order the respondent to pay the petitioner's reasonable and neces- 31 sary counsel fees in connection with the violation petition where the 32 court finds that the violation of its order was willful, and may commit 33 the respondent to jail for a term not to exceed six months. Such commit- 34 ment may be served upon certain specified days or parts of days as the 35 court may direct, and the court may, at any time within the term of such 36 sentence, revoke such suspension and commit the respondent for the 37 remainder of the original sentence, or suspend the remainder of such 38 sentence. If the court determines that the willful failure to obey such 39 order involves violent behavior constituting the crimes of menacing, 40 reckless endangerment, assault or attempted assault and if such a 41 respondent is licensed to carry, possess, repair and dispose of firearms 42 pursuant to section 400.00 of the penal law, the court may also imme- 43 diately revoke such license and may arrange for the immediate surrender 44 [pursuant to subparagraph (f) of paragraph one of subdivision a of45section 265.20 and subdivision six of section 400.05 of the penal law,] 46 and disposal of any firearm such respondent owns or possesses. If the 47 willful failure to obey such order involves the infliction of serious 48 physical injury as defined in subdivision [nine] ten of section 10.00 of 49 the penal law or the use or threatened use of a deadly weapon or danger- 50 ous instrument, as those terms are defined in subdivisions twelve and 51 thirteen of section 10.00 of the penal law, such revocation and immedi- 52 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-53sion a of section 265.20 and subdivision six of section 400.05 of the54penal law six] and disposal of any firearm owned or possessed by 55 respondent shall be mandatory, pursuant to subdivision eleven of section 56 400.00 of the penal law.A. 6140 5 1 § 5. Section 446-a of the family court act, as added by chapter 1 of 2 the laws of 2013, is amended to read as follows: 3 § 446-a. Firearms; surrender and license suspension, revocation and 4 ineligibility; certain counties. [Upon] In the counties of Kings, 5 Queens, Richmond, New York and Bronx, upon the issuance of an order of 6 protection or temporary order of protection, or upon a violation of such 7 order, the court shall make a determination regarding the suspension and 8 revocation of a license to carry, possess, repair or dispose of a 9 firearm or firearms, ineligibility for such a license and the surrender 10 of firearms in accordance with section eight hundred forty-two-a of this 11 act. 12 § 6. Section 552 of the family court act, as added by chapter 1 of the 13 laws of 2013, is amended to read as follows: 14 § 552. Firearms; surrender and license suspension, revocation and 15 ineligibility; certain counties. [Upon] In the counties of Kings, 16 Queens, Richmond, New York and Bronx, upon the issuance of an order of 17 protection or temporary order of protection, or upon a violation of such 18 order, the court shall make a determination regarding the suspension and 19 revocation of a license to carry, possess, repair or dispose of a 20 firearm or firearms, ineligibility for such a license and the surrender 21 of firearms in accordance with section eight hundred forty-two-a of this 22 act. 23 § 7. Section 656-a of the family court act, as added by chapter 1 of 24 the laws of 2013, is amended to read as follows: 25 § 656-a. Firearms; surrender and license suspension, revocation and 26 ineligibility; certain counties. [Upon] In the counties of Kings, 27 Queens, Richmond, New York and Bronx, upon the issuance of an order of 28 protection or temporary order of protection, or upon a violation of such 29 order, the court shall make a determination regarding the suspension and 30 revocation of a license to carry, possess, repair or dispose of a 31 firearm or firearms, ineligibility for such a license and the surrender 32 of firearms in accordance with section eight hundred forty-two-a of this 33 act. 34 § 8. Section 780-a of the family court act, as added by chapter 1 of 35 the laws of 2013, is amended to read as follows: 36 § 780-a. Firearms; surrender and license suspension, revocation and 37 ineligibility; certain counties. [Upon] In the counties of Kings, 38 Queens, Richmond, New York and Bronx, upon the issuance of an order of 39 protection or temporary order of protection, or upon a violation of such 40 order, the court shall make a determination regarding the suspension and 41 revocation of a license to carry, possess, repair or dispose of a 42 firearm or firearms, ineligibility for such a license and the surrender 43 of firearms in accordance with section eight hundred forty-two-a of this 44 act. 45 § 9. Section 1056-a of the family court act, as added by chapter 1 of 46 the laws of 2013, is amended to read as follows: 47 § 1056-a. Firearms; surrender and license suspension, revocation and 48 ineligibility; certain counties. [Upon] In the counties of Kings, 49 Queens, Richmond, New York and Bronx, upon the issuance of an order of 50 protection or temporary order of protection, or upon a violation of such 51 order, the court shall make an order in accordance with section eight 52 hundred forty-two-a of this act. 53 § 10. Paragraph h of subdivision 3 of section 240 of the domestic 54 relations law, as amended by chapter 1 of the laws of 2013, is amended 55 to read as follows:A. 6140 6 1 h. Upon issuance of an order of protection or temporary order of 2 protection or upon a violation of such order, the court may and, in the 3 counties of Kings, Queens, Richmond, New York and Bronx, shall make a 4 determination regarding the suspension and revocation of a license to 5 carry, possess, repair or dispose of a firearm or firearms, ineligibil- 6 ity for such a license and the surrender of firearms in accordance with 7 sections eight hundred forty-two-a and eight hundred forty-six-a of the 8 family court act, as applicable. Upon issuance of an order of protection 9 pursuant to this section or upon a finding of a violation thereof, the 10 court also may direct payment of restitution in an amount not to exceed 11 ten thousand dollars in accordance with subdivision (e) of section eight 12 hundred forty-one of such act; provided, however, that in no case shall 13 an order of restitution be issued where the court determines that the 14 party against whom the order would be issued has already compensated the 15 injured party or where such compensation is incorporated in a final 16 judgment or settlement of the action. 17 § 11. Subdivision 9 of section 252 of the domestic relations law, as 18 amended by chapter 1 of the laws of 2013, is amended to read as follows: 19 9. Upon issuance of an order of protection or temporary order of 20 protection or upon a violation of such order, the court may and, in the 21 counties of Kings, Queens, Richmond, New York and Bronx, shall make a 22 determination regarding the suspension and revocation of a license to 23 carry, possess, repair or dispose of a firearm or firearms, ineligibil- 24 ity for such a license and the surrender of firearms in accordance with 25 sections eight hundred forty-two-a and eight hundred forty-six-a of the 26 family court act, as applicable. Upon issuance of an order of protection 27 pursuant to this section or upon a finding of a violation thereof, the 28 court also may direct payment of restitution in an amount not to exceed 29 ten thousand dollars in accordance with subdivision (e) of section eight 30 hundred forty-one of such act; provided, however, that in no case shall 31 an order of restitution be issued where the court determines that the 32 party against whom the order would be issued has already compensated the 33 injured party or where such compensation is incorporated in a final 34 judgment or settlement of the action. 35 § 12. The opening paragraph and paragraph (b) of subdivision 1 of 36 section 530.14 of the criminal procedure law, as amended by chapter 1 of 37 the laws of 2013, are amended to read as follows: 38 [Suspension] Mandatory and permissive suspension of firearms license 39 and ineligibility for such a license upon issuance of temporary order of 40 protection. Whenever a temporary order of protection is issued pursuant 41 to subdivision one of section 530.12 or subdivision one of section 42 530.13 of this article: 43 (b) the court may and, in the counties of Kings, Queens, Richmond, New 44 York and Bronx, shall where the court finds a substantial risk that the 45 defendant may use or threaten to use a firearm unlawfully against the 46 person or persons for whose protection the temporary order of protection 47 is issued, suspend any such existing license possessed by the defendant, 48 order the defendant ineligible for such a license and order the immedi- 49 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-50sion a of section 265.20 and subdivision six of section 400.05 of the51penal law,] of any or all firearms owned or possessed. 52 § 13. The opening paragraph and paragraph (b) of subdivision 2 of 53 section 530.14 of the criminal procedure law, as amended by chapter 1 of 54 the laws of 2013, are amended to read as follows: 55 [Revocation] Mandatory and permissive revocation or suspension of 56 firearms license and ineligibility for such a license upon issuance ofA. 6140 7 1 an order of protection. Whenever an order of protection is issued pursu- 2 ant to subdivision five of section 530.12 or subdivision four of section 3 530.13 of this article: 4 (b) the court may and, in the counties of Kings, Queens, Richmond, New 5 York and Bronx, shall where the court finds a substantial risk that the 6 defendant may use or threaten to use a firearm unlawfully against the 7 person or persons for whose protection the order of protection is 8 issued, (i) revoke any such existing license possessed by the defendant, 9 order the defendant ineligible for such a license and order the immedi- 10 ate surrender of any or all firearms owned or possessed or (ii) suspend 11 or continue to suspend any such existing license possessed by the 12 defendant, order the defendant ineligible for such a license and order 13 the immediate surrender [pursuant to subparagraph (f) of paragraph one14of subdivision a of section 265.20 and subdivision six of section 400.0515of the penal law,] of any or all firearms owned or possessed. 16 § 14. The opening paragraph and paragraph (b) of subdivision 3 of 17 section 530.14 of the criminal procedure law, as amended by chapter 1 of 18 the laws of 2013, are amended to read as follows: 19 [Revocation] Mandatory and permissive revocation or suspension of 20 firearms license and ineligibility for such a license upon a finding of 21 a willful failure to obey an order of protection. Whenever a defendant 22 has been found pursuant to subdivision eleven of section 530.12 or 23 subdivision eight of section 530.13 of this article to have willfully 24 failed to obey an order of protection issued by a court of competent 25 jurisdiction in this state or another state, territorial or tribal 26 jurisdiction, in addition to any other remedies available pursuant to 27 subdivision eleven of section 530.12 or subdivision eight of section 28 530.13 of this article: 29 (b) the court may and, in the counties of Kings, Queens, Richmond, New 30 York and Bronx, shall where the court finds a substantial risk that the 31 defendant may use or threaten to use a firearm unlawfully against the 32 person or persons for whose protection the order of protection was 33 issued, (i) revoke any such existing license possessed by the defendant, 34 order the defendant ineligible for such a license and order the immedi- 35 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-36sion a of section 265.20 and subdivision six of section 400.05 of the37penal law,] of any or all firearms owned or possessed or (ii) suspend 38 any such existing license possessed by the defendant, order the defend- 39 ant ineligible for such a license and order the immediate surrender 40 [pursuant to subparagraph (f) of paragraph one of subdivision a of41section 265.20 and subdivision six of section 400.05 of the penal law,] 42 of any or all firearms owned or possessed. 43 § 15. The article heading of article 39-DDD of the general business 44 law, as added by chapter 1 of the laws of 2013, is amended to read as 45 follows: 46 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS 47 IN CERTAIN COUNTIES 48 § 16. Subdivision 1 of section 898 of the general business law, as 49 added by chapter 1 of the laws of 2013, is amended to read as follows: 50 1. In addition to any other requirements pursuant to state and federal 51 law, all sales, exchanges or disposals of firearms, rifles or shotguns, 52 in the counties of Kings, Queens, Richmond, New York and Bronx, shall be 53 conducted in accordance with this section unless such sale, exchange or 54 disposal is conducted by a licensed importer, licensed manufacturer or 55 licensed dealer, as those terms are defined in 18 USC § 922, when such 56 sale, exchange or disposal is conducted pursuant to that person's feder-A. 6140 8 1 al firearms license or such sale, exchange or disposal is between 2 members of an immediate family. For purposes of this section, "immediate 3 family" shall mean spouses, domestic partners, children and step-chil- 4 dren. 5 § 17. Paragraph (q) of subdivision 2 of section 212 of the judiciary 6 law, as amended by chapter 1 of the laws of 2013, is amended to read as 7 follows: 8 (q) Adopt rules to require transmission, to the criminal justice 9 information services division of the federal bureau of investigation or 10 to the division of criminal justice services, of the name and other 11 identifying information of each person who has a guardian appointed for 12 him or her pursuant to any provision of state law, based on a determi- 13 nation that as a result of marked subnormal intelligence, mental 14 illness, incapacity, condition or disease, he or she lacks the mental 15 capacity to contract or manage his or her own affairs. Any such records, 16 relating to persons residing in the county of Kings, Queens, Richmond, 17 New York or Bronx, transmitted directly to the federal bureau of inves- 18 tigation must also be transmitted to the division of criminal justice 19 services[, and any records received by the division of criminal justice20services pursuant to this paragraph may be checked against the statewide21license and record database]. 22 § 18. Subdivision (j) of section 7.09 of the mental hygiene law, as 23 amended by chapter 1 of the laws of 2013, is amended to read as follows: 24 (j) (1) The commissioner, in cooperation with other applicable state 25 agencies, shall collect, retain or modify data or records, and shall 26 transmit such data or records: (i) to the division of criminal justice 27 services, or to the criminal justice information services division of 28 the federal bureau of investigation, for the purposes of responding to 29 queries to the national instant criminal background check system regard- 30 ing attempts to purchase or otherwise take possession of firearms, as 31 defined in 18 USC 921(a)(3), in accordance with applicable federal laws 32 or regulations, or (ii) for persons residing in the county of Kings, 33 Queens, Richmond, New York or Bronx, to the division of criminal justice 34 services, which may re-disclose such data and records only for determin- 35 ing whether a license issued pursuant to section 400.00 of the penal law 36 should be denied, suspended or revoked, under subdivision eleven of such 37 section, or for determining whether a person is no longer permitted 38 under federal or state law to possess a firearm. Such records, which may 39 not be used for any other purpose, shall include only names and other 40 non-clinical identifying information of persons who have been involun- 41 tarily committed to a hospital pursuant to article nine of this chapter, 42 [or section four hundred two or subdivision two of section five hundred43eight of the correction law,] or article seven hundred thirty or section 44 330.20 of the criminal procedure law or sections 322.2 or 353.4 of the 45 family court act, or to a secure treatment facility pursuant to article 46 ten of this chapter. 47 (2) The commissioner shall establish within the office of mental 48 health an administrative process to permit a person who has been or may 49 be disqualified from possessing such a firearm pursuant to 18 USC 50 922(4)(d) or who has been or may be disqualified from continuing to have 51 a license to carry, possess, repair, or dispose of a firearm under 52 section 400.00 of the penal law because such person, who resides in the 53 county of Kings, Queens, Richmond, New York or Bronx, was involuntarily 54 committed or civilly confined to a facility under the jurisdiction of 55 the commissioner, to petition for relief from that disability where such 56 person's record and reputation are such that such person will not beA. 6140 9 1 likely to act in a manner dangerous to public safety and where the 2 granting of the relief would not be contrary to public safety. The 3 commissioner shall promulgate regulations to establish the relief from 4 disabilities program, which shall include, but not be limited to, 5 provisions providing for: (i) an opportunity for a disqualified person 6 to petition for relief in writing; (ii) the authority for the agency to 7 require that the petitioner undergo a clinical evaluation and risk 8 assessment; and (iii) a requirement that the agency issue a decision in 9 writing explaining the reasons for a denial or grant of relief. The 10 denial of a petition for relief from disabilities may be reviewed de 11 novo pursuant to the proceedings under article seventy-eight of the 12 civil practice law and rules. 13 § 19. Subdivision (b) of section 9.46 of the mental hygiene law, as 14 added by chapter 1 of the laws of 2013, is amended to read as follows: 15 (b) Notwithstanding any other law to the contrary, when a mental 16 health professional currently providing treatment services to a person, 17 who resides in the county of Kings, Queens, Richmond, New York or Bronx, 18 determines, in the exercise of reasonable professional judgment, that 19 such person is likely to engage in conduct that would result in serious 20 harm to self or others, he or she shall be required to report, as soon 21 as practicable, to the director of community services, or the director's 22 designee, who shall report to the division of criminal justice services 23 whenever he or she agrees that the person is likely to engage in such 24 conduct. Information transmitted to the division of criminal justice 25 services shall be limited to names and other non-clinical identifying 26 information, which may only be used for determining whether a license 27 issued pursuant to section 400.00 of the penal law should be suspended 28 or revoked, or for determining whether a person is ineligible for a 29 license issued pursuant to section 400.00 of the penal law, or is no 30 longer permitted under state or federal law to possess a firearm. 31 § 20. Subdivision 22 of section 265.00 of the penal law, as amended by 32 chapter 1 of the laws of 2013, is amended to read as follows: 33 22. "Assault weapon" means 34 (a) (i) except as otherwise provided in paragraph (b) of this subdivi- 35 sion, a semiautomatic rifle that has an ability to accept a detachable 36 magazine and has at least two of the following characteristics: 37 (A) a folding or telescoping stock; 38 (B) a pistol grip that protrudes conspicuously beneath the action of 39 the weapon; 40 (C) a bayonet mount; 41 (D) a flash suppressor or threaded barrel designed to accommodate a 42 flash suppressor; 43 (E) a grenade launcher; or 44 (ii) a semiautomatic shotgun that has at least two of the following 45 characteristics: 46 (A) a folding or telescoping stock; 47 (B) a pistol grip that protrudes conspicuously beneath the action of 48 the weapon; 49 (C) a fixed magazine capacity in excess of five rounds; 50 (D) an ability to accept a detachable magazine; or 51 (iii) a semiautomatic pistol that has an ability to accept a detacha- 52 ble magazine and has at least two of the following characteristics: 53 (A) an ammunition magazine that attaches to the pistol outside of the 54 pistol grip; 55 (B) a threaded barrel capable of accepting a barrel extender, flash 56 suppressor, forward handgrip, or silencer;A. 6140 10 1 (C) a shroud that is attached to, or partially or completely encir- 2 cles, the barrel and that permits the shooter to hold the firearm with 3 the nontrigger hand without being burned; 4 (D) a manufactured weight of fifty ounces or more when the pistol is 5 unloaded; 6 (E) a semiautomatic version of an automatic rifle, shotgun or firearm; 7 or 8 (iv) any of the weapons, or functioning frames or receivers of such 9 weapons, or copies or duplicates of such weapons, in any caliber, known 10 as: 11 (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all 12 models); 13 (B) Action Arms Israeli Military Industries UZI and Galil; 14 (C) Beretta Ar70 (SC-70); 15 (D) Colt AR-15; 16 (E) Fabrique National FN/FAL, FN/LAR, and FNC; 17 (F) SWD M-10, M-11, M-11/9, and M-12; 18 (G) Steyr AUG; 19 (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and 20 (I) revolving cylinder shotguns, such as (or similar to) the Street 21 Sweeper and Striker 12; 22 (v) provided, however, that such term does not include: (A) any rifle, 23 shotgun or pistol that (I) is manually operated by bolt, pump, lever or 24 slide action; (II) has been rendered permanently inoperable; or (III) is 25 an antique firearm as defined in 18 U.S.C. 921(a)(16); 26 (B) a semiautomatic rifle that cannot accept a detachable magazine 27 that holds more than five rounds of ammunition; 28 (C) a semiautomatic shotgun that cannot hold more than five rounds of 29 ammunition in a fixed or detachable magazine; 30 (D) a rifle, shotgun or pistol, or a replica or a duplicate thereof, 31 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was 32 manufactured on October first, nineteen hundred ninety-three. The mere 33 fact that a weapon is not listed in Appendix A shall not be construed to 34 mean that such weapon is an assault weapon; or 35 (E) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic 36 pistol or any of the weapons defined in paragraph (d) of this subdivi- 37 sion lawfully possessed prior to September fourteenth, nineteen hundred 38 ninety-four; and 39 (b) (i) in the counties of Kings, Queens, Richmond, New York and 40 Bronx, a semiautomatic rifle that has an ability to accept a detachable 41 magazine and has at least one of the following characteristics: 42 [(i)] (A) a folding or telescoping stock; 43 [(ii)] (B) a pistol grip that protrudes conspicuously beneath the 44 action of the weapon; 45 [(iii)] (C) a thumbhole stock; 46 [(iv)] (D) a second handgrip or a protruding grip that can be held by 47 the non-trigger hand; 48 [(v)] (E) a bayonet mount; 49 [(vi)] (F) a flash suppressor, muzzle break, muzzle compensator, or 50 threaded barrel designed to accommodate a flash suppressor, muzzle 51 break, or muzzle compensator; 52 [(vii)] (G) a grenade launcher; or 53 [(b)] (ii) a semiautomatic shotgun that has at least one of the 54 following characteristics: 55 [(i)] (A) a folding or telescoping stock; 56 [(ii)] (B) a thumbhole stock;A. 6140 11 1 [(iii)] (C) a second handgrip or a protruding grip that can be held by 2 the non-trigger hand; 3 [(iv)] (D) a fixed magazine capacity in excess of seven rounds; 4 [(v)] (E) an ability to accept a detachable magazine; or 5 [(c)] (iii) a semiautomatic pistol that has an ability to accept a 6 detachable magazine and has at least one of the following character- 7 istics: 8 [(i)] (A) a folding or telescoping stock; 9 [(ii)] (B) a thumbhole stock; 10 [(iii)] (C) a second handgrip or a protruding grip that can be held by 11 the non-trigger hand; 12 [(iv)] (D) capacity to accept an ammunition magazine that attaches to 13 the pistol outside of the pistol grip; 14 [(v)] (E) a threaded barrel capable of accepting a barrel extender, 15 flash suppressor, forward handgrip, or silencer; 16 [(vi)] (F) a shroud that is attached to, or partially or completely 17 encircles, the barrel and that permits the shooter to hold the firearm 18 with the non-trigger hand without being burned; 19 [(vii)] (G) a manufactured weight of fifty ounces or more when the 20 pistol is unloaded; or 21 [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or 22 firearm; 23 [(d)] (iv) a revolving cylinder shotgun; 24 [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau- 25 tomatic pistol or weapon defined in former subparagraph (v) of paragraph 26 (e) of subdivision twenty-two of section 265.00 of this chapter as added 27 by chapter one hundred eighty-nine of the laws of two thousand and 28 otherwise lawfully possessed pursuant to such chapter of the laws of two 29 thousand prior to September fourteenth, nineteen hundred ninety-four; 30 [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau- 31 tomatic pistol or weapon defined in this paragraph or paragraph (a)[,32(b) or (c)] of this subdivision, possessed prior to the date of enact- 33 ment of [the] chapter one of the laws of two thousand thirteen which 34 added this paragraph; 35 [(g)] (vii) provided, however, that such term does not include: 36 [(i)] (A) any rifle, shotgun or pistol that [(A)] (I) is manually 37 operated by bolt, pump, lever or slide action; [(B)] (II) has been 38 rendered permanently inoperable; or [(C)] (III) is an antique firearm as 39 defined in 18 U.S.C. 921(a)(16); 40 [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga- 41 zine that holds more than five rounds of ammunition; 42 [(iii)] (C) a semiautomatic shotgun that cannot hold more than five 43 rounds of ammunition in a fixed or detachable magazine; or 44 [(iv)] (D) a rifle, shotgun or pistol, or a replica or a duplicate 45 thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was 46 manufactured on October first, nineteen hundred ninety-three. The mere 47 fact that a weapon is not listed in Appendix A shall not be construed to 48 mean that such weapon is an assault weapon; 49 [(v)] (E) any weapon validly registered pursuant to subdivision 50 sixteen-a of section 400.00 of this chapter. Such weapons shall be 51 subject to the provisions of [paragraph (h)] subparagraph (viii) of this 52 [subdivision] paragraph; 53 [(vi)] (F) any firearm, rifle, or shotgun that was manufactured at 54 least fifty years prior to the current date, but not including replicas 55 thereof that is validly registered pursuant to subdivision sixteen-a of 56 section 400.00 of this chapter;A. 6140 12 1 [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph 2 (v) or (vi) of this [subdivision] paragraph and any large capacity ammu- 3 nition feeding device that was legally possessed by an individual prior 4 to the enactment of [the] chapter one of the laws of two thousand thir- 5 teen which added this paragraph, may only be sold to, exchanged with or 6 disposed of to a purchaser authorized to possess such weapons or to an 7 individual or entity outside of the state provided that any such trans- 8 fer to an individual or entity outside of the state must be reported to 9 the entity wherein the weapon is registered within seventy-two hours of 10 such transfer. An individual who transfers any such weapon or large 11 capacity ammunition device to an individual inside New York state or 12 without complying with the provisions of this paragraph shall be guilty 13 of a class A misdemeanor unless such large capacity ammunition feeding 14 device, the possession of which is made illegal by [the] chapter one of 15 the laws of two thousand thirteen which added this [paragraph] subpara- 16 graph, is transferred within one year of the effective date of [the] 17 chapter one of the laws of two thousand thirteen which added this [para-18graph] subparagraph. 19 § 21. Subdivision 23 of section 265.00 of the penal law, as amended by 20 chapter 1 of the laws of 2013, is amended to read as follows: 21 23. "Large capacity ammunition feeding device" means a magazine, belt, 22 drum, feed strip, or similar device, manufactured after September thir- 23 tieth, nineteen hundred ninety-four, that [(a)] has a capacity of, or 24 that can be readily restored or converted to accept, more than ten 25 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-26tion, or (c) is obtained after the effective date of the chapter of the27laws of two thousand thirteen which amended this subdivision and has a28capacity of, or that can be readily restored or converted to accept,29more than seven rounds of ammunition]; provided, however, that such term 30 does not include an attached tubular device designed to accept, and 31 capable of operating only with, .22 caliber rimfire ammunition [or a32feeding device that is a curio or relic. A feeding device that is a33curio or relic is defined as a device that (i) was manufactured at least34fifty years prior to the current date, (ii) is only capable of being35used exclusively in a firearm, rifle, or shotgun that was manufactured36at least fifty years prior to the current date, but not including repli-37cas thereof, (iii) is possessed by an individual who is not prohibited38by state or federal law from possessing a firearm and (iv) is registered39with the division of state police pursuant to subdivision sixteen-a of40section 400.00 of this chapter, except such feeding devices transferred41into the state may be registered at any time, provided they are regis-42tered within thirty days of their transfer into the state. Notwithstand-43ing paragraph (h) of subdivision twenty-two of this section, such feed-44ing devices may be transferred provided that such transfer shall be45subject to the provisions of section 400.03 of this chapter including46the check required to be conducted pursuant to such section]. 47 § 22. Subdivision 24 of section 265.00 of the penal law, as added by 48 chapter 1 of the laws of 2013, is amended to read as follows: 49 24. "Seller of ammunition" means any person, firm, partnership, corpo- 50 ration or company who engages in the business of purchasing, selling or 51 keeping ammunition in the county of Kings, Queens, Richmond, New York or 52 Bronx. 53 § 23. The opening paragraph of section 265.01-b of the penal law, as 54 added by chapter 1 of the laws of 2013, is amended to read as follows: 55 A person is guilty of criminal possession of a firearm when he or she, 56 being a resident of the county of Kings, Queens, Richmond, New York orA. 6140 13 1 Bronx: (1) possesses any firearm or; (2) lawfully possesses a firearm 2 prior to the effective date of [the] chapter one of the laws of two 3 thousand thirteen which added this section subject to the registration 4 requirements of subdivision sixteen-a of section 400.00 of this chapter 5 and knowingly fails to register such firearm pursuant to such subdivi- 6 sion. 7 § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20 of the 8 penal law, paragraph 3 as amended and paragraph 7-f as added by chapter 9 1 of the laws of 2013, are amended to read as follows: 10 3. Possession of a pistol or revolver by a person to whom a license 11 therefor has been issued as provided under section 400.00 or 400.01 of 12 this chapter or possession, in the county of Kings, Queens, Richmond, 13 New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of 14 paragraph [(e) or (f)] (b) of subdivision twenty-two of section 265.00 15 of this article which is registered pursuant to paragraph (a) of subdi- 16 vision sixteen-a of section 400.00 of this chapter or is included on an 17 amended license issued pursuant to section 400.00 of this chapter. In 18 the event such license is revoked, other than because such licensee is 19 no longer permitted to possess a firearm, rifle or shotgun under federal 20 or state law, information sufficient to satisfy the requirements of 21 subdivision sixteen-a of section 400.00 of this chapter, shall be trans- 22 mitted by the licensing officer to the division of state police, in a 23 form as determined by the superintendent of state police. Such trans- 24 mission shall constitute a valid registration under such section. 25 Further provided, notwithstanding any other section of this title, a 26 failure to register such weapon by an individual, in the county of 27 Kings, Queens, Richmond, New York or Bronx, who possesses such weapon 28 before the enactment of [the] chapter one of the laws of two thousand 29 thirteen which amended this paragraph and may so lawfully possess it 30 thereafter upon registration, shall only be subject to punishment pursu- 31 ant to paragraph (c) of subdivision sixteen-a of section 400.00 of this 32 chapter; provided, that such a license or registration shall not 33 preclude a conviction for the offense defined in subdivision three of 34 section 265.01 of this article or section 265.01-a of this article. 35 7-f. Possession and use of a magazine, belt, feed strip or similar 36 device, in the county of Kings, Queens, Richmond, New York or Bronx, 37 that contains more than seven rounds of ammunition, but that does not 38 have a capacity of or can readily be restored or converted to accept 39 more than ten rounds of ammunition, at an indoor or outdoor firing range 40 located in or on premises owned or occupied by a duly incorporated 41 organization organized for conservation purposes or to foster proficien- 42 cy in arms; at an indoor or outdoor firing range for the purpose of 43 firing a rifle or shotgun; at a collegiate, olympic or target shooting 44 competition under the auspices of or approved by the national rifle 45 association; or at an organized match sanctioned by the International 46 Handgun Metallic Silhouette Association. 47 § 25. The opening paragraph of section 265.36 of the penal law, as 48 added by chapter 1 of the laws of 2013, is amended to read as follows: 49 It shall be unlawful for a person, in the county of Kings, Queens, 50 Richmond, New York or Bronx, to knowingly possess a large capacity ammu- 51 nition feeding device manufactured before September thirteenth, nineteen 52 hundred ninety-four, and if such person lawfully possessed such large 53 capacity feeding device before the effective date of [the] chapter one 54 of the laws of two thousand thirteen which added this section, that has 55 a capacity of, or that can be readily restored or converted to accept, 56 more than ten rounds of ammunition.A. 6140 14 1 § 26. The opening paragraph of section 265.37 of the penal law, as 2 amended by section 2 of part FF of chapter 57 of the laws of 2013, is 3 amended to read as follows: 4 It shall be unlawful for a person to knowingly possess, in the county 5 of Kings, Queens, Richmond, New York or Bronx, an ammunition feeding 6 device where such device contains more than seven rounds of ammunition. 7 § 27. The opening paragraph of section 265.45 of the penal law, as 8 amended by section 3 of part FF of chapter 57 of the laws of 2013, is 9 amended to read as follows: 10 No person, residing in the county of Kings, Queens, Richmond, New York 11 or Bronx, who owns or is custodian of a rifle, shotgun or firearm who 12 resides with an individual who such person knows or has reason to know 13 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) 14 (1), (4), (8) or (9) shall store or otherwise leave such rifle, shotgun 15 or firearm out of his or her immediate possession or control without 16 having first securely locked such rifle, shotgun or firearm in an appro- 17 priate safe storage depository or rendered it incapable of being fired 18 by use of a gun locking device appropriate to that weapon. For purposes 19 of this section "safe storage depository" shall mean a safe or other 20 secure container which, when locked, is incapable of being opened with- 21 out the key, combination or other unlocking mechanism and is capable of 22 preventing an unauthorized person from obtaining access to and 23 possession of the weapon contained therein. With respect to a person who 24 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9), 25 for purposes of this section, this section applies only if such person 26 has been convicted of a crime included in subdivision one of section 27 370.15 of the criminal procedure law and such gun is possessed within 28 five years from the later of the date of conviction or completion of 29 sentence. Nothing in this section shall be deemed to affect, impair or 30 supersede any special or local act relating to the safe storage of 31 rifles, shotguns or firearms which impose additional requirements on the 32 owner or custodian of such weapons. 33 § 28. Subdivision 1 of section 400.00 of the penal law, as amended by 34 chapter 1 of the laws of 2013, is amended to read as follows: 35 1. Eligibility. No license shall be issued or renewed pursuant to this 36 section except by the licensing officer, and then only after investi- 37 gation and finding that all statements in a proper application for a 38 license are true. No license shall be issued or renewed except for an 39 applicant (a) twenty-one years of age or older, provided, however, that 40 where such applicant has been honorably discharged from the United 41 States army, navy, marine corps, air force or coast guard, or the 42 national guard of the state of New York, no such age restriction shall 43 apply; (b) of good moral character; (c) who has not been convicted 44 anywhere of a felony or a serious offense; (d) who is not a fugitive 45 from justice; (e) who is not an unlawful user of or addicted to any 46 controlled substance as defined in section 21 U.S.C. 802; (f) who being 47 an alien (i) is not illegally or unlawfully in the United States or (ii) 48 has not been admitted to the United States under a nonimmigrant visa 49 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been 50 discharged from the Armed Forces under dishonorable conditions; (h) who, 51 having been a citizen of the United States, has not renounced his or her 52 citizenship; (i) who has stated whether he or she has ever suffered any 53 mental illness; (j) who, being a resident of the county of Kings, 54 Queens, Richmond, New York or Bronx, has not been involuntarily commit- 55 ted to a facility under the jurisdiction of an office of the department 56 of mental hygiene pursuant to article nine or fifteen of the mentalA. 6140 15 1 hygiene law, article seven hundred thirty or section 330.20 of the crim- 2 inal procedure law, section four hundred two or five hundred eight of 3 the correction law, section 322.2 or 353.4 of the family court act, or 4 has not been civilly confined in a secure treatment facility pursuant to 5 article ten of the mental hygiene law; (k) who has not had a license 6 revoked or who is not under a suspension or ineligibility order issued 7 pursuant to the provisions of section 530.14 of the criminal procedure 8 law or section eight hundred forty-two-a of the family court act; (l) in 9 the county of Westchester, who has successfully completed a firearms 10 safety course and test as evidenced by a certificate of completion 11 issued in his or her name and endorsed and affirmed under the penalties 12 of perjury by a duly authorized instructor, except that: (i) persons who 13 are honorably discharged from the United States army, navy, marine corps 14 or coast guard, or of the national guard of the state of New York, and 15 produce evidence of official qualification in firearms during the term 16 of service are not required to have completed those hours of a firearms 17 safety course pertaining to the safe use, carrying, possession, mainte- 18 nance and storage of a firearm; and (ii) persons who were licensed to 19 possess a pistol or revolver prior to the effective date of this para- 20 graph are not required to have completed a firearms safety course and 21 test; (m) who, being a resident of the county of Kings, Queens, Rich- 22 mond, New York or Bronx, has not had a guardian appointed for him or her 23 pursuant to any provision of state law, based on a determination that as 24 a result of marked subnormal intelligence, mental illness, incapacity, 25 condition or disease, he or she lacks the mental capacity to contract or 26 manage his or her own affairs; and (n) concerning whom no good cause 27 exists for the denial of the license. No person shall engage in the 28 business of gunsmith or dealer in firearms unless licensed pursuant to 29 this section. An applicant to engage in such business shall also be a 30 citizen of the United States, more than twenty-one years of age and 31 maintain a place of business in the city or county where the license is 32 issued. For such business, if the applicant is a firm or partnership, 33 each member thereof shall comply with all of the requirements set forth 34 in this subdivision and if the applicant is a corporation, each officer 35 thereof shall so comply. 36 § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal 37 law, as amended by chapter 1 of the laws of 2013, are amended to read as 38 follows: 39 4. Investigation. Before a license is issued or renewed, there shall 40 be an investigation of all statements required in the application by the 41 duly constituted police authorities of the locality where such applica- 42 tion is made[, including but not limited to such records as may be43accessible to the division of state police or division of criminal44justice services pursuant to section 400.02 of this article]. For that 45 purpose, the records of the appropriate office of the department of 46 mental hygiene concerning previous or present mental illness of the 47 applicant shall be available for inspection by the investigating officer 48 of the police authority. In order to ascertain any previous criminal 49 record, the investigating officer shall take the fingerprints and phys- 50 ical descriptive data in quadruplicate of each individual by whom the 51 application is signed and verified. Two copies of such fingerprints 52 shall be taken on standard fingerprint cards eight inches square, and 53 one copy may be taken on a card supplied for that purpose by the federal 54 bureau of investigation; provided, however, that in the case of a corpo- 55 rate applicant that has already been issued a dealer in firearms license 56 and seeks to operate a firearm dealership at a second or subsequentA. 6140 16 1 location, the original fingerprints on file may be used to ascertain any 2 criminal record in the second or subsequent application unless any of 3 the corporate officers have changed since the prior application, in 4 which case the new corporate officer shall comply with procedures 5 governing an initial application for such license. When completed, one 6 standard card shall be forwarded to and retained by the division of 7 criminal justice services in the executive department, at Albany. A 8 search of the files of such division and written notification of the 9 results of the search to the investigating officer shall be made without 10 unnecessary delay. Thereafter, such division shall notify the licensing 11 officer and the executive department, division of state police, Albany, 12 of any criminal record of the applicant filed therein subsequent to the 13 search of its files. A second standard card, or the one supplied by the 14 federal bureau of investigation, as the case may be, shall be forwarded 15 to that bureau at Washington with a request that the files of the bureau 16 be searched and notification of the results of the search be made to the 17 investigating police authority. Of the remaining two fingerprint cards, 18 one shall be filed with the executive department, division of state 19 police, Albany, within ten days after issuance of the license, and the 20 other remain on file with the investigating police authority. No such 21 fingerprints may be inspected by any person other than a peace officer, 22 who is acting pursuant to his special duties, or a police officer, 23 except on order of a judge or justice of a court of record either upon 24 notice to the licensee or without notice, as the judge or justice may 25 deem appropriate. Upon completion of the investigation, the police 26 authority shall report the results to the licensing officer without 27 unnecessary delay. 28 5. Filing of approved applications. (a) The application for any 29 license, if granted, shall be filed by the licensing officer with the 30 clerk of the county of issuance, except that in the city of New York 31 and, in the counties of Nassau and Suffolk, the licensing officer shall 32 designate the place of filing in the appropriate division, bureau or 33 unit of the police department thereof, and in the county of Suffolk the 34 county clerk is hereby authorized to transfer all records or applica- 35 tions relating to firearms to the licensing authority of that county. 36 Except as provided in paragraphs (b) through (f) of this subdivision, 37 the name and address of any person to whom an application for any 38 license has been granted shall be a public record. Upon application by a 39 licensee who has changed his place of residence such records or applica- 40 tions shall be transferred to the appropriate officer at the licensee's 41 new place of residence. A duplicate copy of such application shall be 42 filed by the licensing officer in the executive department, division of 43 state police, Albany, within ten days after issuance of the license. The 44 superintendent of state police may designate that such application shall 45 be transmitted to the division of state police electronically. In the 46 event the superintendent of the division of state police determines that 47 it lacks any of the records required to be filed with the division, it 48 may request that such records be provided to it by the appropriate 49 clerk, department or authority and such clerk, department or authority 50 shall provide the division with such records. In the event such clerk, 51 department or authority lacks such records, the division may request the 52 license holder provide information sufficient to constitute such record 53 and such license holder shall provide the division with such informa- 54 tion. Such information shall be limited to the license holder's name, 55 date of birth, gender, race, residential address, social security number 56 and firearms possessed by said license holder. Nothing in this subdivi-A. 6140 17 1 sion shall be construed to change the expiration date or term of such 2 licenses if otherwise provided for in law. [Records assembled or3collected for purposes of inclusion in the database established by this4section shall be released pursuant to a court order. Records assembled5or collected for purposes of inclusion in the database created pursuant6to section 400.02 of this chapter shall not be subject to disclosure7pursuant to article six of the public officers law.] 8 (b) Each application for a license pursuant to paragraph (a) of this 9 subdivision shall include, on a separate written form prepared by the 10 division of state police within thirty days of the effective date of 11 [the] chapter one of the laws of two thousand thirteen, which amended 12 this section, and provided to the applicant at the same time and in the 13 same manner as the application for a license, an opportunity for the 14 applicant to request an exception from his or her application informa- 15 tion becoming public record pursuant to paragraph (a) of this subdivi- 16 sion. Such forms, which shall also be made available to individuals who 17 had applied for or been granted a license prior to the effective date of 18 [the] chapter one of the laws of two thousand thirteen which amended 19 this section, shall notify applicants that, upon discovery that an 20 applicant knowingly provided false information, such applicant may be 21 subject to penalties pursuant to section 175.30 of this chapter, and 22 further, that his or her request for an exception shall be null and 23 void, provided that written notice containing such determination is 24 provided to the applicant. Further, such forms shall provide each appli- 25 cant an opportunity to specify the grounds on which he or she believes 26 his or her application information should not be publicly disclosed. 27 These grounds, which shall be identified on the application with a box 28 beside each for checking, as applicable, by the applicant, shall be as 29 follows: 30 (i) the applicant's life or safety may be endangered by disclosure 31 because: 32 (A) the applicant is an active or retired police officer, peace offi- 33 cer, probation officer, parole officer, or corrections officer; 34 (B) the applicant is a protected person under a currently valid order 35 of protection; 36 (C) the applicant is or was a witness in a criminal proceeding involv- 37 ing a criminal charge; 38 (D) the applicant is participating or previously participated as a 39 juror in a criminal proceeding, or is or was a member of a grand jury; 40 or 41 (E) the applicant is a spouse, domestic partner or household member of 42 a person identified in this subparagraph or subparagraph (ii) of this 43 paragraph, specifying which subparagraph or subparagraphs and clauses 44 apply. 45 (ii) the applicant has reason to believe his or her life or safety may 46 be endangered by disclosure due to reasons stated by the applicant. 47 (iii) the applicant has reason to believe he or she may be subject to 48 unwarranted harassment upon disclosure of such information. 49 (c) [Each form provided for recertification pursuant to paragraph (b)50of subdivision ten of this section shall include an opportunity for the51applicant to request an exception from the information provided on such52form becoming public record pursuant to paragraph (a) of this subdivi-53sion. Such forms shall notify applicants that, upon discovery that an54applicant knowingly provided false information, such applicant may be55subject to penalties pursuant to section 175.30 of this chapter, and56further, that his or her request for an exception shall be null andA. 6140 18 1void, provided that written notice containing such determination is2provided to the applicant. Further, such forms shall provide each appli-3cant an opportunity to either decline to request the grant or continua-4tion of an exception, or specify the grounds on which he or she believes5his or her information should not be publicly disclosed. These grounds,6which shall be identified in the application with a box beside each for7checking, as applicable, by the applicant, shall be the same as provided8in paragraph (b) of this subdivision.9(d)] Information submitted on the forms described in paragraph (b) of 10 this subdivision shall be excepted from disclosure and maintained by the 11 entity retaining such information separate and apart from all other 12 records. 13 [(e)] (d) (i) Upon receiving a request for exception from disclosure, 14 the licensing officer shall grant such exception, unless the request is 15 determined to be null and void, pursuant to paragraph (b)[or (c)] of 16 this subdivision. 17 (ii) A request for an exception from disclosure may be submitted at 18 any time, including after a license or recertification has been granted. 19 (iii) If an exception is sought and granted pursuant to paragraph (b) 20 of this subdivision, the application information shall not be public 21 record, unless the request is determined to be null and void.[If an22exception is sought and granted pursuant to paragraph (c) of this subdi-23vision, the information concerning such recertification application24shall not be public record, unless the request is determined to be null25and void.] 26 [(f)] (e) The information of licensees or applicants for a license 27 shall not be disclosed to the public during the first one hundred twenty 28 days following the effective date of [the] chapter one of the laws of 29 two thousand thirteen, which amended this section. After such period, 30 the information of those who had applied for or been granted a license 31 prior to the preparation of the form for requesting an exception, pursu- 32 ant to paragraph (b) of this subdivision, may be released only if such 33 individuals did not file a request for such an exception during the 34 first sixty days following such preparation; provided, however, that no 35 information contained in an application for licensure or recertification 36 shall be disclosed by an entity that has not completed processing any 37 such requests received during such sixty days. 38 [(g)] (f) If a request for an exception is determined to be null and 39 void pursuant to paragraph (b) [or (c)] of this subdivision, an appli- 40 cant may request review of such determination pursuant to article seven- 41 ty-eight of the civil practice [laws] law and rules. Such proceeding 42 must commence within thirty days after service of the written notice 43 containing the adverse determination. Notice of the right to commence 44 such a petition, and the time period therefor, shall be included in the 45 notice of the determination. Disclosure following such a petition shall 46 not be made prior to the disposition of such review. 47 10. License: expiration, certification and renewal. [(a)] Any license 48 for gunsmith or dealer in firearms and, in the city of New York, any 49 license to carry or possess a pistol or revolver, issued at any time 50 pursuant to this section or prior to the first day of July, nineteen 51 hundred sixty-three and not limited to expire on an earlier date fixed 52 in the license, shall expire not more than three years after the date of 53 issuance. In the counties of Nassau, Suffolk and Westchester, any 54 license to carry or possess a pistol or revolver, issued at any time 55 pursuant to this section or prior to the first day of July, nineteen 56 hundred sixty-three and not limited to expire on an earlier date fixedA. 6140 19 1 in the license, shall expire not more than five years after the date of 2 issuance; however, in the county of Westchester, any such license shall 3 be certified prior to the first day of April, two thousand, in accord- 4 ance with a schedule to be contained in regulations promulgated by the 5 commissioner of the division of criminal justice services, and every 6 such license shall be recertified every five years thereafter. For 7 purposes of this section certification shall mean that the licensee 8 shall provide to the licensing officer the following information only: 9 current name, date of birth, current address, and the make, model, cali- 10 ber and serial number of all firearms currently possessed. Such certif- 11 ication information shall be filed by the licensing officer in the same 12 manner as an amendment. Elsewhere than in the city of New York and the 13 counties of Nassau, Suffolk and Westchester, any license to carry or 14 possess a pistol or revolver, issued at any time pursuant to this 15 section or prior to the first day of July, nineteen hundred sixty-three 16 and not previously revoked or cancelled, shall be in force and effect 17 until revoked as herein provided. Any license not previously cancelled 18 or revoked shall remain in full force and effect for thirty days beyond 19 the stated expiration date on such license. Any application to renew a 20 license that has not previously expired, been revoked or cancelled shall 21 thereby extend the term of the license until disposition of the applica- 22 tion by the licensing officer. In the case of a license for gunsmith or 23 dealer in firearms, in counties having a population of less than two 24 hundred thousand inhabitants, photographs and fingerprints shall be 25 submitted on original applications and upon renewal thereafter only at 26 six year intervals. Upon satisfactory proof that a currently valid 27 original license has been despoiled, lost or otherwise removed from the 28 possession of the licensee and upon application containing an additional 29 photograph of the licensee, the licensing officer shall issue a dupli- 30 cate license. 31 [(b) All licensees shall be recertified to the division of state32police every five years thereafter. Any license issued before the effec-33tive date of the chapter of the laws of two thousand thirteen which34added this paragraph shall be recertified by the licensee on or before35January thirty-first, two thousand eighteen, and not less than one year36prior to such date, the state police shall send a notice to all license37holders who have not recertified by such time. Such recertification38shall be in a form as approved by the superintendent of state police,39which shall request the license holder's name, date of birth, gender,40race, residential address, social security number, firearms possessed by41such license holder, email address at the option of the license holder42and an affirmation that such license holder is not prohibited from43possessing firearms. The form may be in an electronic form if so desig-44nated by the superintendent of state police. Failure to recertify shall45act as a revocation of such license. If the New York state police46discover as a result of the recertification process that a licensee47failed to provide a change of address, the New York state police shall48not require the licensing officer to revoke such license.] 49 11. License: revocation and suspension. (a) The conviction of a licen- 50 see anywhere of a felony or serious offense [or a licensee at any time51becoming ineligible to obtain a license under this section] shall oper- 52 ate as a revocation of the license. A license may be revoked or 53 suspended as provided for in section 530.14 of the criminal procedure 54 law or section eight hundred forty-two-a of the family court act. Except 55 for a license issued pursuant to section 400.01 of this article, a 56 license may be revoked and cancelled at any time in the city of NewA. 6140 20 1 York, and in the counties of Nassau and Suffolk, by the licensing offi- 2 cer, and elsewhere than in the city of New York by any judge or justice 3 of a court of record; a license issued pursuant to section 400.01 of 4 this article may be revoked and cancelled at any time by the licensing 5 officer or any judge or justice of a court of record. The official 6 revoking a license shall give written notice thereof without unnecessary 7 delay to the executive department, division of state police, Albany, and 8 shall also notify immediately the duly constituted police authorities of 9 the locality. 10 (b) Whenever the director of community services in the counties of 11 Kings, Queens, Richmond, New York and Bronx, or his or her designee 12 makes a report pursuant to section 9.46 of the mental hygiene law, the 13 division of criminal justice services shall convey such information, 14 whenever it determines that the person named in the report possesses a 15 license issued pursuant to this section, to the appropriate licensing 16 official, who shall issue an order suspending or revoking such license. 17 (c) In any instance in which a person's license is suspended or 18 revoked under paragraph (a) or (b) of this subdivision, such person 19 shall surrender such license to the appropriate licensing official and 20 any and all firearms, rifles, or shotguns owned or possessed by such 21 person shall be surrendered to an appropriate law enforcement agency as 22 provided in subparagraph (f) of paragraph one of subdivision a of 23 section 265.20 of this chapter. In the event such license, firearm, 24 shotgun, or rifle is not surrendered, such items shall be removed and 25 declared a nuisance and any police officer or peace officer acting 26 pursuant to his or her special duties is authorized to remove any and 27 all such weapons. 28 12. Records required of gunsmiths and dealers in firearms. Any person 29 licensed as gunsmith or dealer in firearms shall keep a record book 30 approved as to form, except in the city of New York, by the superinten- 31 dent of state police. In the record book shall be entered at the time of 32 every transaction involving a firearm the date, name, age, occupation 33 and residence of any person from whom a firearm is received or to whom a 34 firearm is delivered, and the calibre, make, model, manufacturer's name 35 and serial number, or if none, any other distinguishing number or iden- 36 tification mark on such firearm. Before delivering a firearm to any 37 person, the licensee shall require him to produce either a license valid 38 under this section to carry or possess the same, or proof of lawful 39 authority as an exempt person pursuant to section 265.20 of this 40 chapter. In addition, before delivering a firearm to a peace officer, 41 the licensee shall verify that person's status as a peace officer with 42 the division of state police. After completing the foregoing, the licen- 43 see shall remove and retain the attached coupon and enter in the record 44 book the date of such license, number, if any, and name of the licensing 45 officer, in the case of the holder of a license to carry or possess, or 46 the shield or other number, if any, assignment and department, unit or 47 agency, in the case of an exempt person. The original transaction report 48 shall be forwarded to the division of state police within ten days of 49 delivering a firearm to any person, and a duplicate copy shall be kept 50 by the licensee. The superintendent of state police may designate that 51 such record shall be completed and transmitted in electronic form. A 52 dealer may be granted a waiver from transmitting such records in elec- 53 tronic form if the superintendent determines that such dealer is incapa- 54 ble of such transmission due to technological limitations that are not 55 reasonably within the control of the dealer, or other exceptional 56 circumstances demonstrated by the dealer, pursuant to a process estab-A. 6140 21 1 lished in regulation, and at the discretion of the superintendent. 2 [Records assembled or collected for purposes of inclusion in the data-3base created pursuant to section 400.02 of this article shall not be4subject to disclosure pursuant to article six of the public officers5law.] The record book shall be maintained on the premises mentioned and 6 described in the license and shall be open at all reasonable hours for 7 inspection by any peace officer, acting pursuant to his special duties, 8 or police officer. In the event of cancellation or revocation of the 9 license for gunsmith or dealer in firearms, or discontinuance of busi- 10 ness by a licensee, such record book shall be immediately surrendered to 11 the licensing officer in the city of New York, and in the counties of 12 Nassau and Suffolk, and elsewhere in the state to the executive depart- 13 ment, division of state police. 14 § 30. Subdivision 16-a of section 400.00 of the penal law, as added by 15 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of 16 the laws of 2013, is amended to read as follows: 17 16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)18or (f)] subparagraph (v) or (vi) of paragraph (b) of subdivision twen- 19 ty-two of section 265.00 of this chapter, who resides in the county of 20 Kings, Queens, Richmond, New York or Bronx, possessed before the date of 21 the effective date of [the] chapter one of the laws of two thousand 22 thirteen which added this paragraph, must make an application to regis- 23 ter such weapon with the superintendent of state police, in the manner 24 provided by the superintendent, or by amending a license issued pursuant 25 to this section within one year of the effective date of this subdivi- 26 sion except any weapon defined under [subparagraph (vi)] clause (F) of 27 subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-two of 28 section 265.00 of this chapter transferred into the state may be regis- 29 tered at any time, provided such weapons are registered within thirty 30 days of their transfer into the state. Registration information shall 31 include the registrant's name, date of birth, gender, race, residential 32 address, social security number and a description of each weapon being 33 registered. A registration in the county of Kings, Queens, Richmond, New 34 York or Bronx, of any weapon defined under [subparagraph (vi)] clause 35 (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty- 36 two of section 265.00 or a feeding device as defined under subdivision 37 twenty-three of section 265.00 of this chapter shall be transferable, 38 provided that the seller notifies the division of state police within 39 seventy-two hours of the transfer and the buyer provides the division of 40 state police with information sufficient to constitute a registration 41 under this section. Such registration shall not be valid if such regis- 42 trant is prohibited or becomes prohibited from possessing a firearm 43 pursuant to state or federal law. The superintendent shall determine 44 whether such registrant is prohibited from possessing a firearm under 45 state or federal law. Such check shall be limited to determining whether 46 the factors in 18 USC 922 (g) apply or whether a registrant has been 47 convicted of a serious offense as defined in subdivision sixteen-b of 48 section 265.00 of this chapter, so as to prohibit such registrant from 49 possessing a firearm, and whether a report has been issued pursuant to 50 section 9.46 of the mental hygiene law. [All] Such registrants shall 51 recertify to the division of state police every five years thereafter. 52 Failure to recertify shall result in a revocation of such registration. 53 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of 54 this subdivision, an owner, who resides in the county of Kings, Queens, 55 Richmond, New York or Bronx, of an assault weapon as defined in subdivi- 56 sion twenty-two of section 265.00 of this chapter, who is a qualifiedA. 6140 22 1 retired New York or federal law enforcement officer as defined in subdi- 2 vision twenty-five of section 265.00 of this chapter, where such weapon 3 was issued to or purchased by such officer prior to retirement and in 4 the course of his or her official duties, and for which such officer was 5 qualified by the agency that employed such officer within twelve months 6 prior to his or her retirement, must register such weapon within sixty 7 days of retirement. 8 (b) The superintendent of state police shall create and maintain an 9 internet website to educate the public, who reside in the county of 10 Kings, Queens, Richmond, New York or Bronx, as to which semiautomatic 11 rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are 12 illegal as a result of the enactment of [the] chapter one of the laws of 13 two thousand thirteen which added this paragraph, as well as such 14 assault weapons which are illegal pursuant to article two hundred 15 sixty-five of this chapter. Such website shall contain information to 16 assist [the] such public in recognizing the relevant features proscribed 17 by such article two hundred sixty-five, as well as which make and model 18 of weapons that require registration. 19 (c) A person, who resides in the county of Kings, Queens, Richmond, 20 New York or Bronx, who knowingly fails to apply to register such weapon, 21 as required by this section, within one year of the effective date of 22 [the] chapter one of the laws of two thousand thirteen which added this 23 paragraph shall be guilty of a class A misdemeanor and such person who 24 unknowingly fails to validly register such weapon within such one year 25 period shall be given a warning by an appropriate law enforcement 26 authority about such failure and given thirty days in which to apply to 27 register such weapon or to surrender it. A failure to apply or surrender 28 such weapon within such thirty-day period shall result in such weapon 29 being removed by an appropriate law enforcement authority and declared a 30 nuisance. 31 § 31. Section 400.02 of the penal law is REPEALED. 32 § 32. Section 400.03 of the penal law, as added by chapter 1 of the 33 laws of 2013, is amended to read as follows: 34 § 400.03 Sellers of ammunition. 35 1. A seller of ammunition as defined in subdivision twenty-four of 36 section 265.00 of this chapter doing business in the county of Kings, 37 Queens, Richmond, New York or Bronx, shall register with the superinten- 38 dent of state police in a manner provided by the superintendent. Any 39 dealer in firearms that is validly licensed pursuant to section 400.00 40 of this article shall not be required to complete such registration. 41 2. Any seller of ammunition or dealer in firearms doing business in 42 the county of Kings, Queens, Richmond, New York or Bronx, shall keep a 43 record book approved as to form by the superintendent of state police. 44 In the record book shall be entered at the time of every transaction 45 involving ammunition the date, name, age, occupation and residence of 46 any person from whom ammunition is received or to whom ammunition is 47 delivered, and the amount, calibre, manufacturer's name and serial 48 number, or if none, any other distinguishing number or identification 49 mark on such ammunition. The record book shall be maintained on the 50 premises mentioned and described in the license and shall be open at all 51 reasonable hours for inspection by any peace officer, acting pursuant to 52 his or her special duties, or police officer. Any record produced pursu- 53 ant to this section and any transmission thereof to any government agen- 54 cy shall not be considered a public record for purposes of article six 55 of the public officers law.A. 6140 23 1 3. [No later than thirty days after the superintendent of the state2police certifies that the statewide license and record database estab-3lished pursuant to section 400.02 of this article is operational for the4purposes of this section, a] A dealer in firearms licensed pursuant to 5 section 400.00 of this article, a seller of ammunition as defined in 6 subdivision twenty-four of section 265.00 of this chapter doing business 7 in the county of Kings, Queens, Richmond, New York or Bronx, shall not 8 transfer any ammunition to any other person who is not a dealer in 9 firearms as defined in subdivision nine of such section 265.00 or a 10 seller of ammunition as defined in subdivision twenty-four of section 11 265.00 of this chapter, unless: 12 (a) before the completion of the transfer, the licensee or seller 13 contacts the [statewide license and record database] superintendent of 14 state police and provides the [database] superintendent with information 15 sufficient to identify such dealer or seller, transferee based on infor- 16 mation on the transferee's identification document as defined in para- 17 graph (c) of this subdivision, as well as the amount, calibre, manufac- 18 turer's name and serial number, if any, of such ammunition; 19 (b) the [system] superintendent provides the licensee or seller with a 20 unique identification number; and 21 (c) the transferor has verified the identity of the transferee by 22 examining a valid state identification document of the transferee issued 23 by the department of motor vehicles or if the transferee is not a resi- 24 dent of the state of New York, a valid identification document issued by 25 the transferee's state or country of residence containing a photograph 26 of the transferee. 27 4. If the [database] superintendent of state police determines that 28 the purchaser of ammunition is eligible to possess ammunition pursuant 29 to state and federal laws, [the system] he or she shall: 30 (a) assign a unique identification number to the transfer; and 31 (b) provide the licensee or seller with the number. 32 5. If the [statewide license and record database] superintendent of 33 state police notifies the licensee or seller that the information avail- 34 able [to the database] does not demonstrate that the receipt of ammuni- 35 tion by such other person would violate 18 U.S.C. 922(g) or state law, 36 and the licensee transfers ammunition to such other person, the licensee 37 shall indicate to the [database] superintendent that such transaction 38 has been completed at which point a record of such transaction shall be 39 created which shall be accessible by the division of state police and 40 maintained for no longer than one year from point of purchase[, which41shall not be incorporated into the database established pursuant to42section 400.02 of this article or the registry established pursuant to43subdivision sixteen-a of section 400.00 of this article]. The division 44 of state police may share such information with a local law enforcement 45 agency. Evidence of the purchase of ammunition is not sufficient to 46 establish probable cause to believe that the purchaser has committed a 47 crime absent other information tending to prove the commission of a 48 crime. Records assembled or accessed pursuant to this section shall not 49 be subject to disclosure pursuant to article six of the public officers 50 law. This requirement of this section shall not apply (i) if a back- 51 ground check cannot be completed because the system is not operational 52 as determined by the superintendent of state police, or where it cannot 53 be accessed by the practitioner due to a temporary technological or 54 electrical failure, as set forth in regulation, or (ii) a dealer or 55 seller has been granted a waiver from conducting such background check 56 if the superintendent of state police determines that such dealer isA. 6140 24 1 incapable of such check due to technological limitations that are not 2 reasonably within the control of the dealer, or other exceptional 3 circumstances demonstrated by the dealer, pursuant to a process estab- 4 lished in regulation, and at the discretion of such superintendent. 5 6. If the superintendent of state police certifies that background 6 checks of ammunition purchasers in the county of Kings, Queens, Rich- 7 mond, New York or Bronx may be conducted through the national instant 8 criminal background check system, use of that system by a dealer or 9 seller shall be sufficient to satisfy subdivisions four and five of this 10 section and such checks shall be conducted through such system, provided 11 that a record of such transaction shall be forwarded to the state police 12 in a form determined by the superintendent. 13 7. No commercial transfer of ammunition shall take place in the county 14 of Kings, Queens, Richmond, New York or Bronx unless a licensed dealer 15 in firearms or registered seller of ammunition acts as an intermediary 16 between the transferor and the ultimate transferee of the ammunition for 17 the purposes of contacting the statewide license and record database 18 pursuant to this section. Such transfer between the dealer or seller, 19 and transferee must occur in person. 20 8. A seller of ammunition who fails to register pursuant to this 21 section and sells ammunition, for a first offense, shall be guilty of a 22 violation and subject to the fine of one thousand dollars and for a 23 second offense, shall be guilty of a class A misdemeanor. 24 A seller of ammunition that fails to keep any record required pursuant 25 to this section, for a first offense shall be guilty of a violation and 26 subject to a fine of five hundred dollars, and for a second offense 27 shall be guilty of a class B misdemeanor, and the registration of such 28 seller shall be revoked. 29 § 33. Paragraph (a) of subdivision 1 and subdivision 3 of section 30 400.10 of the penal law, as amended by chapter 1 of the laws of 2013, 31 are amended to read as follows: 32 (a) Any owner or other person lawfully in possession of: (i) a 33 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap- 34 on; (ii) in the county of Kings, Queens, Richmond, New York or Bronx, 35 ammunition as well as a firearm, rifle or shotgun who suffers the loss 36 or theft of such ammunition as well as a firearm, rifle or shotgun; or 37 (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu- 38 nition and is a dealer in firearms or seller of ammunition who suffers 39 the loss or theft of such ammunition shall within twenty-four hours of 40 the discovery of the loss or theft report the facts and circumstances of 41 the loss or theft to a police department or sheriff's office. 42 3. Notwithstanding any other provision of law, a violation of para- 43 graph (a) of subdivision one of this section shall be [a class A misde-44meanor] punishable only by a fine not to exceed one hundred dollars. 45 § 34. Section 2509 of the surrogate's court procedure act, as added by 46 chapter 1 of the laws of 2013, is amended to read as follows: 47 § 2509. Firearms inventory 48 Whenever, by regulation, rule or statute, a fiduciary or attorney of 49 record in the county of Kings, Queens, Richmond, New York or Bronx must 50 file a list of assets constituting a decedent's estate, such list must 51 include a particularized description of every firearm, shotgun and 52 rifle, as such terms are defined in section 265.00 of the penal law, 53 that are part of such estate. Such list must be filed with the surro- 54 gate's court in the county in which the estate proceeding, if any, is 55 pending and a copy must be filed with the division of criminal justice 56 services.A. 6140 25 1 § 35. This act shall take effect immediately.