Bill Text: NY A10684 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits the provision of licenses for firearms to persons on the federal no-fly list or terrorist screening database; authorizes firearms licenses of persons on the federal no-fly list or terrorist screening database to be suspended or revoked; requires the superintendent of state police to search the federal no-fly list or terrorist screening database each year and report findings to appropriate enforcement agencies in order to suspend or revoke appropriate licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-24 - referred to codes [A10684 Detail]
Download: New_York-2019-A10684-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10684 IN ASSEMBLY June 24, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Benedetto) -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting the provision of licenses for firearms to persons on the federal no-fly list or terrorist screening database; to amend the criminal procedure law, in relation to revoking or suspending firearms licenses of persons on the federal no-fly list or terrorist screening database; and to amend the executive law, in relation to requiring the superintendent of state police to search the federal no-fly list or terrorist screening data- base and report findings to appropriate enforcement agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Deny 2 Firearms to Dangerous Terrorists Act". 3 § 2. Subdivision 1 of section 400.00 of the penal law, as amended by 4 chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of 5 the laws of 2018, is amended to read as follows: 6 1. Eligibility. No license shall be issued or renewed pursuant to this 7 section except by the licensing officer, and then only after investi- 8 gation and finding that all statements in a proper application for a 9 license are true. No license shall be issued or renewed except for an 10 applicant (a) twenty-one years of age or older, provided, however, that 11 where such applicant has been honorably discharged from the United 12 States army, navy, marine corps, air force or coast guard, or the 13 national guard of the state of New York, no such age restriction shall 14 apply; (b) of good moral character; (c) who has not been convicted 15 anywhere of a felony or a serious offense or who is not the subject of 16 an outstanding warrant of arrest issued upon the alleged commission of a 17 felony or serious offense; (d) who is not a fugitive from justice; (e) 18 who is not an unlawful user of or addicted to any controlled substance 19 as defined in section 21 U.S.C. 802; (f) who being an alien (i) is not 20 illegally or unlawfully in the United States or (ii) has not been admit- 21 ted to the United States under a nonimmigrant visa subject to the excep- 22 tion in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16710-01-0A. 10684 2 1 Armed Forces under dishonorable conditions; (h) who, having been a citi- 2 zen of the United States, has not renounced his or her citizenship; (i) 3 who has stated whether he or she has ever suffered any mental illness; 4 (j) who has not been involuntarily committed to a facility under the 5 jurisdiction of an office of the department of mental hygiene pursuant 6 to article nine or fifteen of the mental hygiene law, article seven 7 hundred thirty or section 330.20 of the criminal procedure law, section 8 four hundred two or five hundred eight of the correction law, section 9 322.2 or 353.4 of the family court act, or has not been civilly confined 10 in a secure treatment facility pursuant to article ten of the mental 11 hygiene law; (k) who has not had a license revoked or who is not under a 12 suspension or ineligibility order issued pursuant to the provisions of 13 section 530.14 of the criminal procedure law or section eight hundred 14 forty-two-a of the family court act; (l) in the county of Westchester, 15 who has successfully completed a firearms safety course and test as 16 evidenced by a certificate of completion issued in his or her name and 17 endorsed and affirmed under the penalties of perjury by a duly author- 18 ized instructor, except that: (i) persons who are honorably discharged 19 from the United States army, navy, marine corps or coast guard, or of 20 the national guard of the state of New York, and produce evidence of 21 official qualification in firearms during the term of service are not 22 required to have completed those hours of a firearms safety course 23 pertaining to the safe use, carrying, possession, maintenance and stor- 24 age of a firearm; and (ii) persons who were licensed to possess a pistol 25 or revolver prior to the effective date of this paragraph are not 26 required to have completed a firearms safety course and test; (m) who 27 has not had a guardian appointed for him or her pursuant to any 28 provision of state law, based on a determination that as a result of 29 marked subnormal intelligence, mental illness, incapacity, condition or 30 disease, he or she lacks the mental capacity to contract or manage his 31 or her own affairs; [and] (n) concerning whom no good cause exists for 32 the denial of the license; and (o) who has not been listed on the feder- 33 al no-fly list or terrorist screening database operated by the federal 34 bureau of investigation. No person shall engage in the business of 35 gunsmith or dealer in firearms unless licensed pursuant to this section. 36 An applicant to engage in such business shall also be a citizen of the 37 United States, more than twenty-one years of age and maintain a place of 38 business in the city or county where the license is issued. For such 39 business, if the applicant is a firm or partnership, each member thereof 40 shall comply with all of the requirements set forth in this subdivision 41 and if the applicant is a corporation, each officer thereof shall so 42 comply. 43 § 3. Section 530.14 of the criminal procedure law is amended by adding 44 a new subdivision 3-a to read as follows: 45 3-a. Revocation or suspension of license upon a finding that the hold- 46 er of the firearm license is a suspected terrorist. Where the division 47 of state police finds that a holder of a firearm license is listed on 48 the federal no-fly list or terrorist screening database operated by the 49 federal bureau of investigation, the division of state police shall 50 immediately revoke the holder's license. The individual shall be noti- 51 fied in writing within thirty days of the revocation. 52 § 4. Section 223 of the executive law is amended by adding a new 53 subdivision 3 to read as follows: 54 3. The superintendent shall search the federal no-fly list or terror- 55 ist screening database at least once each year and upon a finding that a 56 firearm license holder is on such a list, the superintendent shall imme-A. 10684 3 1 diately notify all appropriate law enforcement agencies and shall direct 2 the state police to remove any and all such firearms until such time 3 that the individual is no longer on the federal no-fly list or terrorist 4 screening database. 5 § 5. Section 223 of the executive law, as amended by section 3-b of 6 part MM of chapter 54 of the laws of 2016, is amended to read as 7 follows: 8 § 223. Duties and powers of the superintendent of state police and of 9 members of the state police. 1. It shall be the duty of the superinten- 10 dent of the state police and of members of the state police to prevent 11 and detect crime and apprehend criminals. They shall also be subject to 12 the call of the governor and are empowered to co-operate with any other 13 department of the state or with local authorities. They shall also 14 collect and analyze information relating to prevention and detection of 15 terrorist threats and terrorist activities throughout the state and 16 share all such information subject to paragraph (g) of subdivision two 17 of section seven hundred nine of this chapter among the division of 18 homeland security and emergency services and local, state, and federal 19 law enforcement agencies to ensure the coordination of appropriate 20 intelligence to assist in the early identification of and response to 21 potential terrorist threats and terrorist activities. They shall have 22 power to arrest, without a warrant, any person committing or attempting 23 to commit within their presence or view a breach of the peace or other 24 violation of law, to serve and execute warrants of arrest or search 25 issued by proper authority and to exercise all other powers of police 26 officers of the state of New York. Any such warrants issued by any 27 magistrate of the state may be executed by them in any part of the state 28 according to the tenor thereof without [indorsement] endorsement. But 29 they shall not exercise their powers within the limits of any city to 30 suppress rioting and disorder except by direction of the governor or 31 upon the request of the mayor of the city with the approval of the 32 governor. Any member of the rank of sergeant or above may take pre-arr- 33 aignment bail from any defendant in the amounts and under the circum- 34 stances and conditions that police may take bail. 35 2. The superintendent shall search the federal no-fly list or terror- 36 ist screening database at least once each year and upon a finding that a 37 firearm license holder is on such a list, the superintendent shall imme- 38 diately notify all appropriate law enforcement agencies and shall direct 39 the state police to remove any and all such firearms until such time 40 that the individual is no longer on the federal no-fly list or terrorist 41 screening database. 42 § 6. The superintendent of state police and the commissioner of crimi- 43 nal justice services shall promulgate any regulations necessary for the 44 provisions of this act to take effect. 45 § 7. This act shall take effect immediately; provided however, the 46 provisions of this act shall not take effect until the superintendent of 47 state police receives approval to access the information on the federal 48 no-fly list or terrorist screening database from the relevant federal 49 agencies; provided further that the amendments to section 223 of the 50 executive law made by section four of this act shall be subject to the 51 expiration and reversion of such section pursuant to section 3 of chap- 52 ter 428 of the laws of 1999, as amended, when upon such date the 53 provisions of section five of this act shall take effect; provided that 54 the superintendent of state police shall notify the legislative bill 55 drafting commission upon the occurrence of the enactment of the legis- 56 lation provided for in this act in order that the commission may main-A. 10684 4 1 tain an accurate and timely effective database of the official text of 2 the laws of the state of New York in furtherance of effectuating the 3 provisions of section 44 of the legislative law and section 70-b of the 4 public officers law.
