Bill Text: NY A07739 | 2019-2020 | General Assembly | Introduced


Bill Title: Grants access to local and state law enforcement of records of applications for licenses of firearms.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-06-18 - substituted by s6160 [A07739 Detail]

Download: New_York-2019-A07739-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7739

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2019
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes

        AN  ACT  to  amend  the  penal  law,  in relation to local and state law
          enforcement's access  to  records  of  applications  for  licenses  of
          firearms

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

     1    Section 1. Subparagraph (iii) of paragraph (e)  of  subdivision  5  of
     2  section  400.00  of  the penal law, as added by chapter 1 of the laws of
     3  2013, is amended to read as follows:
     4    (iii) If an exception is sought and granted pursuant to paragraph  (b)
     5  of  this  subdivision,  the  application information shall not be public
     6  record, unless the request is determined to be  null  and  void.  If  an
     7  exception is sought and granted pursuant to paragraph (c) of this subdi-
     8  vision,  the  information  concerning  such  recertification application
     9  shall not be public record, unless the request is determined to be  null
    10  and  void.    Notwithstanding  the foregoing provisions of this subpara-
    11  graph, local and state law enforcement shall, upon request,  be  granted
    12  access  to and copies of such application information provided that such
    13  information obtained by law enforcement pursuant  to  this  subparagraph
    14  shall not be considered a public record of such law enforcement agency.
    15    §  2.  Section  400.02  of the penal law, as added by chapter 1 of the
    16  laws of 2013, is amended to read as follows:
    17  § 400.02 Statewide license and record database.
    18    There shall be a statewide license and record database which shall  be
    19  created and maintained by the division of state police the cost of which
    20  shall  not  be borne by any municipality. Records assembled or collected
    21  for purposes of inclusion in such  database  shall  not  be  subject  to
    22  disclosure  pursuant  to article six of the public officers law. Records
    23  containing granted license applications shall be periodically checked by
    24  the division of criminal justice services against  criminal  conviction,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11149-02-9

        A. 7739                             2

     1  mental health, and all other records as are necessary to determine their
     2  continued accuracy as well as whether an individual is no longer a valid
     3  license  holder.  The  division  of criminal justice services shall also
     4  check  pending  applications  made pursuant to this article against such
     5  records to determine whether a license may be granted. All  state  agen-
     6  cies  shall cooperate with the division of criminal justice services, as
     7  otherwise authorized by law, in making their records available for  such
     8  checks. The division of criminal justice services, upon determining that
     9  an  individual  is  ineligible  to  possess a license, or is no longer a
    10  valid license holder, shall notify the applicable licensing official  of
    11  such determination and such licensing official shall not issue a license
    12  or  revoke such license and any weapons owned or possessed by such indi-
    13  vidual shall be removed consistent with the  provisions  of  subdivision
    14  eleven  of  section 400.00 of this article. Local and state law enforce-
    15  ment shall have access to such database[,  as  otherwise  authorized  by
    16  law,] in the performance of their duties. Records assembled or collected
    17  for  purposes  of  inclusion in the database established by this section
    18  shall be released pursuant to a court order.
    19    § 3. This act shall take effect immediately.
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