Bill Text: NY S00266 | 2019-2020 | 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 7-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00266 Detail]

Download: New_York-2019-S00266-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           266
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed 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:
    18  § 380.96 Obligation  of sentencing court in certain counties pursuant to
    19             article four hundred of the penal law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03000-01-9

        S. 266                              2
     1    [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
     2  upon judgment of conviction of  any  offense  which  would  require  the
     3  seizure of firearms, shotguns or rifles from an individual so convicted,
     4  and  the  revocation  of  any license or registration issued pursuant to
     5  article  four  hundred  of the penal law, the judge pronouncing sentence
     6  shall demand surrender of any  such  license  or  registration  and  all
     7  firearms,  shotguns and rifles. The failure to so demand surrender shall
     8  not effect the validity of  any  revocation  pursuant  to  article  four
     9  hundred of the penal law.
    10    § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
    11  as  amended  by  chapter  60 of the laws of 2018, are amended to read as
    12  follows:
    13    1.  [Suspension]  Mandatory  and  permissive  suspension  of  firearms
    14  license  and  ineligibility  for  such  a license upon the issuance of a
    15  temporary order of protection. Whenever a temporary order of  protection
    16  is  issued  pursuant to section eight hundred twenty-eight of this arti-
    17  cle, or in the counties of Kings, Queens, Richmond, New York and  Bronx,
    18  pursuant to article four, five, six, seven or ten of this act:
    19    (a) the court shall suspend any such existing license possessed by the
    20  respondent,  order  the  respondent  ineligible  for such a license, and
    21  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    22  one of subdivision a of section 265.20 and subdivision  six  of  section
    23  400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
    24  owned or possessed where the court receives information that  gives  the
    25  court  good  cause  to  believe  that:  (i)  the  respondent has a prior
    26  conviction of any violent felony offense as defined in section 70.02  of
    27  the  penal  law;  (ii)  the respondent has previously been found to have
    28  willfully failed to obey a prior order of protection  and  such  willful
    29  failure  involved  (A)  the infliction of physical injury, as defined in
    30  subdivision nine of section 10.00 of the  penal  law,  (B)  the  use  or
    31  threatened use of a deadly weapon or dangerous instrument as those terms
    32  are  defined in subdivisions twelve and thirteen of section 10.00 of the
    33  penal law, or (C) behavior constituting any violent  felony  offense  as
    34  defined in section 70.02 of the penal law; or (iii) the respondent has a
    35  prior  conviction for stalking in the first degree as defined in section
    36  120.60 of the penal law, stalking in the second  degree  as  defined  in
    37  section 120.55 of the penal law, stalking in the third degree as defined
    38  in  section  120.50 of the penal law or stalking in the fourth degree as
    39  defined in section 120.45 of such law; and
    40    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    41  York and Bronx, shall where the court finds a substantial risk that  the
    42  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    43  fully  against  the person or persons for whose protection the temporary
    44  order of  protection  is  issued,  suspend  any  such  existing  license
    45  possessed  by the respondent, order the respondent ineligible for such a
    46  license, and order the immediate surrender [pursuant to subparagraph (f)
    47  of paragraph one of subdivision a of section 265.20 and subdivision  six
    48  of  section 400.05 of the penal law,] of any or all firearms, rifles and
    49  shotguns owned or possessed.
    50    2. [Revocation] Mandatory and permissive revocation or  suspension  of
    51  firearms  license and ineligibility for such a license upon the issuance
    52  of an order of protection. Whenever an order  of  protection  is  issued
    53  pursuant  to  section  eight  hundred  forty-one of this part, or in the
    54  county of Kings, Queens, Richmond, New York or Bronx, pursuant to  arti-
    55  cle four, five, six, seven or ten of this act:

        S. 266                              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 paragraph
     4  one  of  subdivision  a of section 265.20 and subdivision six of section
     5  400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
     6  owned or possessed where the court finds that the conduct which resulted
     7  in the issuance of the order of protection involved (i)  the  infliction
     8  of  serious  physical  injury,  as  defined in subdivision [nine] ten of
     9  section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
    10  deadly  weapon  or  dangerous  instrument  as those terms are defined in
    11  subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
    12  (iii)  behavior  constituting  any  violent felony offense as defined in
    13  section 70.02 of the penal 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, rifle or shotgun unlaw-
    17  fully against the person or persons for whose protection  the  order  of
    18  protection  is issued, (i) revoke any such existing license possessed by
    19  the respondent, order the respondent ineligible for such a  license  and
    20  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    21  one  of  subdivision  a of section 265.20 and subdivision six of section
    22  400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
    23  owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
    24  existing license possessed by the respondent, order the respondent inel-
    25  igible for such a license, and order the immediate  surrender  [pursuant
    26  to  subparagraph (f) of paragraph one of subdivision a of section 265.20
    27  and subdivision six of section 400.05 of the penal law,] of any  or  all
    28  firearms, rifles and shotguns owned or possessed.
    29    3.  [Revocation]  Mandatory and permissive revocation or suspension of
    30  firearms license and ineligibility for such a license upon a finding  of
    31  a  willful  failure  to obey an order of protection or, in the county of
    32  Kings,  Queens,  Richmond,  New  York  or  Bronx,  temporary  order   of
    33  protection.  Whenever  a  respondent has been found, pursuant to section
    34  eight hundred forty-six-a of this part to have willfully failed to  obey
    35  an order of protection or temporary order of protection issued [pursuant
    36  to  this  act  or  the domestic relations law, or] by this court or by a
    37  court of competent jurisdiction in another state, territorial or  tribal
    38  jurisdiction,  in  addition  to any other remedies available pursuant to
    39  section eight hundred forty-six-a of this part:
    40    (a) the court shall revoke any such existing license possessed by  the
    41  respondent,  order  the  respondent  ineligible  for such a license, and
    42  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    43  one of subdivision a of section 265.20 and subdivision  six  of  section
    44  400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
    45  owned or possessed where the willful failure to obey such order involves
    46  (i) the infliction of serious physical injury, as defined in subdivision
    47  [nine] ten of section 10.00 of the penal law, (ii) the use or threatened
    48  use of a deadly weapon  or  dangerous  instrument  as  those  terms  are
    49  defined  in  subdivisions  twelve  and  thirteen of section 10.00 of the
    50  penal law, or (iii) behavior constituting any violent felony offense  as
    51  defined in section 70.02 of the penal law; or (iv) behavior constituting
    52  stalking  in  the first degree as defined in section 120.60 of the penal
    53  law, stalking in the second degree as defined in section 120.55  of  the
    54  penal  law, stalking in the third degree as defined in section 120.50 of
    55  the penal law or stalking in the fourth degree  as  defined  in  section
    56  120.45 of such law; and

        S. 266                              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, rifle or shotgun unlaw-
     4  fully against the person or persons for whose protection  the  order  of
     5  protection was issued, (i) revoke any such existing license possessed by
     6  the  respondent,  order  the  respondent  ineligible for such a license,
     7  whether or not the respondent possesses such a license,  and  order  the
     8  immediate  surrender  [pursuant  to subparagraph (f) of paragraph one of
     9  subdivision a of section 265.20 and subdivision six of section 400.05 of
    10  the penal law,] of any or all firearms, rifles  and  shotguns  owned  or
    11  possessed  or  (ii)  suspend  any such existing license possessed by the
    12  respondent, order the respondent ineligible  for  such  a  license,  and
    13  order  the  immediate surrender of any or all firearms, rifles and shot-
    14  guns owned or possessed.
    15    § 4. Section 846-a of the family court act, as amended by chapter 1 of
    16  the laws of 2013, is amended to read as follows:
    17    § 846-a. Powers on failure to obey order. If a respondent  is  brought
    18  before  the court for failure to obey any lawful order issued under this
    19  article or an order of protection or, in the county  of  Kings,  Queens,
    20  Richmond,  New  York  or  Bronx,  temporary  order  of protection issued
    21  [pursuant to this act or issued] by a court of competent jurisdiction of
    22  another state, territorial or tribal jurisdiction and if, after hearing,
    23  the court is satisfied by competent proof that the respondent has  will-
    24  fully  failed  to  obey any such order, the court may modify an existing
    25  order or, in the county of Kings, Queens, Richmond, New York  or  Bronx,
    26  temporary  order  of protection to add reasonable conditions of behavior
    27  to the existing order, make a new order of protection in accordance with
    28  section eight hundred forty-two of this part, may order  the  forfeiture
    29  of  bail  in  a manner consistent with article five hundred forty of the
    30  criminal procedure law if bail has been ordered pursuant  to  this  act,
    31  may  order  the respondent to pay the petitioner's reasonable and neces-
    32  sary counsel fees in connection with the violation  petition  where  the
    33  court  finds that the violation of its order was willful, and may commit
    34  the respondent to jail for a term not to exceed six months. Such commit-
    35  ment may be served upon certain specified days or parts of days  as  the
    36  court may direct, and the court may, at any time within the term of such
    37  sentence,  revoke  such  suspension  and  commit  the respondent for the
    38  remainder of the original sentence, or suspend  the  remainder  of  such
    39  sentence.  If the court determines that the willful failure to obey such
    40  order involves violent behavior constituting  the  crimes  of  menacing,
    41  reckless  endangerment,  assault  or  attempted  assault  and  if such a
    42  respondent is licensed to carry, possess, repair and dispose of firearms
    43  pursuant to section 400.00 of the penal law, the court  may  also  imme-
    44  diately  revoke such license and may arrange for the immediate surrender
    45  [pursuant to subparagraph (f) of  paragraph  one  of  subdivision  a  of
    46  section  265.20 and subdivision six of section 400.05 of the penal law,]
    47  and disposal of any firearm such respondent owns or  possesses.  If  the
    48  willful  failure  to  obey such order involves the infliction of serious
    49  physical injury as defined in subdivision [nine] ten of section 10.00 of
    50  the penal law or the use or threatened use of a deadly weapon or danger-
    51  ous instrument, as those terms are defined in  subdivisions  twelve  and
    52  thirteen  of section 10.00 of the penal law, such revocation and immedi-
    53  ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
    54  sion a of section 265.20 and subdivision six of section  400.05  of  the
    55  penal  law  six]  and  disposal  of  any  firearm  owned or possessed by

        S. 266                              5
     1  respondent shall be mandatory, pursuant to subdivision eleven of section
     2  400.00 of the penal law.
     3    §  5.  Section 446-a of the family court act, as added by chapter 1 of
     4  the laws of 2013, is amended to read as follows:
     5    § 446-a. Firearms; surrender and license  suspension,  revocation  and
     6  ineligibility;  certain  counties.    [Upon]  In  the counties of Kings,
     7  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
     8  protection or temporary order of protection, or upon a violation of such
     9  order, the court shall make a determination regarding the suspension and
    10  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
    11  firearm or firearms, ineligibility for such a license and the  surrender
    12  of firearms in accordance with section eight hundred forty-two-a of this
    13  act.
    14    § 6. Section 552 of the family court act, as added by chapter 1 of the
    15  laws of 2013, is amended to read as follows:
    16    §  552.  Firearms;  surrender  and  license suspension, revocation and
    17  ineligibility; certain  counties.  [Upon]  In  the  counties  of  Kings,
    18  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    19  protection or temporary order of protection, or upon a violation of such
    20  order, the court shall make a determination regarding the suspension and
    21  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
    22  firearm  or firearms, ineligibility for such a license and the surrender
    23  of firearms in accordance with section eight hundred forty-two-a of this
    24  act.
    25    § 7. Section 656-a of the family court act, as added by chapter  1  of
    26  the laws of 2013, is amended to read as follows:
    27    §  656-a.  Firearms;  surrender and license suspension, revocation and
    28  ineligibility; certain  counties.  [Upon]  In  the  counties  of  Kings,
    29  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    30  protection or temporary order of protection, or upon a violation of such
    31  order, the court shall make a determination regarding the suspension and
    32  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
    33  firearm  or firearms, ineligibility for such a license and the surrender
    34  of firearms in accordance with section eight hundred forty-two-a of this
    35  act.
    36    § 8. Section 780-a of the family court act, as added by chapter  1  of
    37  the laws of 2013, is amended to read as follows:
    38    §  780-a.  Firearms;  surrender and license suspension, revocation and
    39  ineligibility; certain  counties.  [Upon]  In  the  counties  of  Kings,
    40  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    41  protection or temporary order of protection, or upon a violation of such
    42  order, the court shall make a determination regarding the suspension and
    43  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
    44  firearm  or firearms, ineligibility for such a license and the surrender
    45  of firearms in accordance with section eight hundred forty-two-a of this
    46  act.
    47    § 9. Section 1056-a of the family court act, as added by chapter 1  of
    48  the laws of 2013, is amended to read as follows:
    49    §  1056-a.  Firearms; surrender and license suspension, revocation and
    50  ineligibility; certain  counties.  [Upon]  In  the  counties  of  Kings,
    51  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
    52  protection or temporary order of protection, or upon a violation of such
    53  order, the court shall make an order in accordance  with  section  eight
    54  hundred forty-two-a of this act.

        S. 266                              6
     1    §  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
     2  relations law, as amended by chapter 1 of the laws of 2013,  is  amended
     3  to read as follows:
     4    h.  Upon  issuance  of  an  order  of protection or temporary order of
     5  protection or upon a violation of such order, the court may and, in  the
     6  counties  of  Kings,  Queens, Richmond, New York and Bronx, shall make a
     7  determination regarding the suspension and revocation of  a  license  to
     8  carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
     9  ity for such a license and the surrender of firearms in accordance  with
    10  sections  eight hundred forty-two-a and eight hundred forty-six-a of the
    11  family court act, as applicable. Upon issuance of an order of protection
    12  pursuant to this section or upon a finding of a violation  thereof,  the
    13  court  also may direct payment of restitution in an amount not to exceed
    14  ten thousand dollars in accordance with subdivision (e) of section eight
    15  hundred forty-one of such act; provided, however, that in no case  shall
    16  an  order  of  restitution be issued where the court determines that the
    17  party against whom the order would be issued has already compensated the
    18  injured party or where such compensation  is  incorporated  in  a  final
    19  judgment or settlement of the action.
    20    §  11.  Subdivision 9 of section 252 of the domestic relations law, as
    21  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    22    9. Upon issuance of an order  of  protection  or  temporary  order  of
    23  protection  or upon a violation of such order, the court may and, in the
    24  counties of Kings, Queens, Richmond, New York and Bronx,  shall  make  a
    25  determination  regarding  the  suspension and revocation of a license to
    26  carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
    27  ity  for such a license and the surrender of firearms in accordance with
    28  sections eight hundred forty-two-a and eight hundred forty-six-a of  the
    29  family court act, as applicable. Upon issuance of an order of protection
    30  pursuant  to  this section or upon a finding of a violation thereof, the
    31  court also may direct payment of restitution in an amount not to  exceed
    32  ten thousand dollars in accordance with subdivision (e) of section eight
    33  hundred  forty-one of such act; provided, however, that in no case shall
    34  an order of restitution be issued where the court  determines  that  the
    35  party against whom the order would be issued has already compensated the
    36  injured  party  or  where  such  compensation is incorporated in a final
    37  judgment or settlement of the action.
    38    § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
    39  section  530.14  of the criminal procedure law, as amended by chapter 60
    40  of the laws of 2018, are amended to read as follows:
    41    [Suspension] Mandatory and permissive suspension of  firearms  license
    42  and ineligibility for such a license upon issuance of temporary order of
    43  protection.  Whenever a temporary order of protection is issued pursuant
    44  to subdivision one of section  530.12  or  subdivision  one  of  section
    45  530.13 of this article:
    46    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    47  York  and Bronx, shall where the court finds a substantial risk that the
    48  defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
    49  fully  against  the person or persons for whose protection the temporary
    50  order of  protection  is  issued,  suspend  any  such  existing  license
    51  possessed  by  the  defendant, order the defendant ineligible for such a
    52  license and order the immediate surrender [pursuant to subparagraph  (f)
    53  of  paragraph one of subdivision a of section 265.20 and subdivision six
    54  of section 400.05 of the penal law,] of any or all firearms, rifles  and
    55  shotguns owned or possessed.

        S. 266                              7
     1    §  13.  The  opening  paragraph  and paragraph (b) of subdivision 2 of
     2  section 530.14 of the criminal procedure law, as amended by  chapter  60
     3  of the laws of 2018, are amended to read as follows:
     4    [Revocation]  Mandatory  and  permissive  revocation  or suspension of
     5  firearms license and ineligibility for such a license upon  issuance  of
     6  an order of protection. Whenever an order of protection is issued pursu-
     7  ant to subdivision five of section 530.12 or subdivision four of section
     8  530.13 of this article:
     9    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    10  York  and Bronx, shall where the court finds a substantial risk that the
    11  defendant may use or threaten to use a  firearm,  [rifles  or  shotguns]
    12  rifle  or  shotgun  unlawfully  against  the person or persons for whose
    13  protection the order of protection is issued, (i) revoke any such exist-
    14  ing license possessed by the defendant, order the  defendant  ineligible
    15  for  such  a  license  and  order  the immediate surrender of any or all
    16  firearms, rifles and shotguns owned or  possessed  or  (ii)  suspend  or
    17  continue  to  suspend any such existing license possessed by the defend-
    18  ant, order the defendant ineligible for such a  license  and  order  the
    19  immediate  surrender  [pursuant  to subparagraph (f) of paragraph one of
    20  subdivision a of section 265.20 and subdivision six of section 400.05 of
    21  the penal law,] of any or all firearms, rifles  and  shotguns  owned  or
    22  possessed.
    23    §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
    24  section 530.14 of the criminal procedure law, as amended by  chapter  60
    25  of the laws of 2018, are amended to read as follows:
    26    [Revocation]  Mandatory  and  permissive  revocation  or suspension of
    27  firearms license and ineligibility for such a license upon a finding  of
    28  a  willful  failure to obey an order of protection. Whenever a defendant
    29  has been found pursuant to  subdivision  eleven  of  section  530.12  or
    30  subdivision  eight  of  section 530.13 of this article to have willfully
    31  failed to obey an order of protection issued by  a  court  of  competent
    32  jurisdiction  in  this  state  or  another  state, territorial or tribal
    33  jurisdiction, in addition to any other remedies  available  pursuant  to
    34  subdivision  eleven  of  section  530.12 or subdivision eight of section
    35  530.13 of this article:
    36    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    37  York and Bronx, shall where the court finds a substantial risk that  the
    38  defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
    39  fully against the person or persons for whose protection  the  order  of
    40  protection was issued, (i) revoke any such existing license possessed by
    41  the  defendant,  order  the  defendant ineligible for such a license and
    42  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    43  one of subdivision a of section 265.20 and subdivision  six  of  section
    44  400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
    45  owned or possessed or (ii) suspend any such existing  license  possessed
    46  by  the defendant, order the defendant ineligible for such a license and
    47  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    48  one of subdivision a of section 265.20 and subdivision  six  of  section
    49  400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
    50  owned or possessed.
    51    § 15. The article heading of article 39-DDD of  the  general  business
    52  law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
    53  follows:
    54          PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
    55                             IN CERTAIN COUNTIES

        S. 266                              8
     1    § 16. Subdivision 1 of section 898 of the  general  business  law,  as
     2  added by chapter 1 of the laws of 2013, is amended to read as follows:
     3    1. In addition to any other requirements pursuant to state and federal
     4  law,  all sales, exchanges or disposals of firearms, rifles or shotguns,
     5  in the counties of Kings, Queens, Richmond, New York and Bronx, shall be
     6  conducted in accordance with this section unless such sale, exchange  or
     7  disposal  is  conducted by a licensed importer, licensed manufacturer or
     8  licensed dealer, as those terms are defined in 18 USC § 922,  when  such
     9  sale, exchange or disposal is conducted pursuant to that person's feder-
    10  al  firearms  license  or  such  sale,  exchange  or disposal is between
    11  members of an immediate family. For purposes of this section, "immediate
    12  family" shall mean spouses, domestic partners, children  and  step-chil-
    13  dren.
    14    §  17.  Paragraph (q) of subdivision 2 of section 212 of the judiciary
    15  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
    16  follows:
    17    (q)  Adopt  rules  to  require  transmission,  to the criminal justice
    18  information services division of the federal bureau of investigation  or
    19  to  the  division  of  criminal  justice services, of the name and other
    20  identifying information of each person who has a guardian appointed  for
    21  him  or  her pursuant to any provision of state law, based on a determi-
    22  nation that  as  a  result  of  marked  subnormal  intelligence,  mental
    23  illness,  incapacity,  condition  or disease, he or she lacks the mental
    24  capacity to contract or manage his or her own affairs. Any such records,
    25  relating to persons residing in the county of Kings,  Queens,  Richmond,
    26  New  York or Bronx, transmitted directly to the federal bureau of inves-
    27  tigation must also be transmitted to the division  of  criminal  justice
    28  services[,  and any records received by the division of criminal justice
    29  services pursuant to this paragraph may be checked against the statewide
    30  license and record database].
    31    § 18. Subdivision (j) of section 7.09 of the mental  hygiene  law,  as
    32  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    33    (j)  (1)  The commissioner, in cooperation with other applicable state
    34  agencies, shall collect, retain or modify data  or  records,  and  shall
    35  transmit  such  data or records: (i) to the division of criminal justice
    36  services, or to the criminal justice information  services  division  of
    37  the  federal  bureau of investigation, for the purposes of responding to
    38  queries to the national instant criminal background check system regard-
    39  ing attempts to purchase or otherwise take possession  of  firearms,  as
    40  defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
    41  or regulations, or (ii) for persons residing in  the  county  of  Kings,
    42  Queens, Richmond, New York or Bronx, to the division of criminal justice
    43  services, which may re-disclose such data and records only for determin-
    44  ing whether a license issued pursuant to section 400.00 of the penal law
    45  should be denied, suspended or revoked, under subdivision eleven of such
    46  section,  or  for  determining  whether  a person is no longer permitted
    47  under federal or state law to possess a firearm. Such records, which may
    48  not be used for any other purpose, shall include only  names  and  other
    49  non-clinical  identifying  information of persons who have been involun-
    50  tarily committed to a hospital pursuant to article nine of this chapter,
    51  [or section four hundred two or subdivision two of section five  hundred
    52  eight of the correction law,] or article seven hundred thirty or section
    53  330.20  of  the criminal procedure law or sections 322.2 or 353.4 of the
    54  family court act, or to a secure treatment facility pursuant to  article
    55  ten of this chapter.

        S. 266                              9
     1    (2)  The  commissioner  shall  establish  within  the office of mental
     2  health an administrative process to permit a person who has been or  may
     3  be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
     4  922(4)(d) or who has been or may be disqualified from continuing to have
     5  a  license  to  carry,  possess,  repair,  or dispose of a firearm under
     6  section 400.00 of the penal law because such person, who resides in  the
     7  county  of Kings, Queens, Richmond, New York or Bronx, was involuntarily
     8  committed or civilly confined to a facility under  the  jurisdiction  of
     9  the commissioner, to petition for relief from that disability where such
    10  person's  record  and  reputation  are such that such person will not be
    11  likely to act in a manner dangerous  to  public  safety  and  where  the
    12  granting  of  the  relief  would  not  be contrary to public safety. The
    13  commissioner shall promulgate regulations to establish the  relief  from
    14  disabilities  program,  which  shall  include,  but  not  be limited to,
    15  provisions providing for: (i) an opportunity for a  disqualified  person
    16  to  petition for relief in writing; (ii) the authority for the agency to
    17  require that the petitioner  undergo  a  clinical  evaluation  and  risk
    18  assessment;  and (iii) a requirement that the agency issue a decision in
    19  writing explaining the reasons for a denial  or  grant  of  relief.  The
    20  denial  of  a  petition  for relief from disabilities may be reviewed de
    21  novo pursuant to the proceedings  under  article  seventy-eight  of  the
    22  civil practice law and rules.
    23    §  19.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
    24  added by chapter 1 of the laws of 2013, is amended to read as follows:
    25    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
    26  health  professional currently providing treatment services to a person,
    27  who resides in the county of Kings, Queens, Richmond, New York or Bronx,
    28  determines, in the exercise of reasonable  professional  judgment,  that
    29  such  person is likely to engage in conduct that would result in serious
    30  harm to self or others, he or she shall be required to report,  as  soon
    31  as practicable, to the director of community services, or the director's
    32  designee,  who shall report to the division of criminal justice services
    33  whenever he or she agrees that the person is likely to  engage  in  such
    34  conduct.  Information  transmitted  to  the division of criminal justice
    35  services shall be limited to names and  other  non-clinical  identifying
    36  information,  which  may  only be used for determining whether a license
    37  issued pursuant to section 400.00 of the penal law should  be  suspended
    38  or  revoked,  or  for  determining  whether a person is ineligible for a
    39  license issued pursuant to section 400.00 of the penal  law,  or  is  no
    40  longer permitted under state or federal law to possess a firearm.
    41    § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
    42  chapter 1 of the laws of 2013, is amended to read as follows:
    43    22. "Assault weapon" means
    44    (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
    45  sion,  a  semiautomatic rifle that has an ability to accept a detachable
    46  magazine and has at least two of the following characteristics:
    47    (A) a folding or telescoping stock;
    48    (B) a pistol grip that protrudes conspicuously beneath the  action  of
    49  the weapon;
    50    (C) a bayonet mount;
    51    (D)  a  flash  suppressor or threaded barrel designed to accommodate a
    52  flash suppressor;
    53    (E) a grenade launcher; or
    54    (ii) a semiautomatic shotgun that has at least two  of  the  following
    55  characteristics:
    56    (A) a folding or telescoping stock;

        S. 266                             10
     1    (B)  a  pistol grip that protrudes conspicuously beneath the action of
     2  the weapon;
     3    (C) a fixed magazine capacity in excess of five rounds;
     4    (D) an ability to accept a detachable magazine; or
     5    (iii)  a semiautomatic pistol that has an ability to accept a detacha-
     6  ble magazine and has at least two of the following characteristics:
     7    (A) an ammunition magazine that attaches to the pistol outside of  the
     8  pistol grip;
     9    (B)  a  threaded  barrel capable of accepting a barrel extender, flash
    10  suppressor, forward handgrip, or silencer;
    11    (C) a shroud that is attached to, or partially  or  completely  encir-
    12  cles,  the  barrel and that permits the shooter to hold the firearm with
    13  the nontrigger hand without being burned;
    14    (D) a manufactured weight of fifty ounces or more when the  pistol  is
    15  unloaded;
    16    (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
    17  or
    18    (iv)  any  of  the weapons, or functioning frames or receivers of such
    19  weapons, or copies or duplicates of such weapons, in any caliber,  known
    20  as:
    21    (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
    22  models);
    23    (B) Action Arms Israeli Military Industries UZI and Galil;
    24    (C) Beretta Ar70 (SC-70);
    25    (D) Colt AR-15;
    26    (E) Fabrique National FN/FAL, FN/LAR, and FNC;
    27    (F) SWD M-10, M-11, M-11/9, and M-12;
    28    (G) Steyr AUG;
    29    (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    30    (I)  revolving  cylinder  shotguns, such as (or similar to) the Street
    31  Sweeper and Striker 12;
    32    (v) provided, however, that such term does not include: (A) any rifle,
    33  shotgun or pistol that (I) is manually operated by bolt, pump, lever  or
    34  slide action; (II) has been rendered permanently inoperable; or (III) is
    35  an antique firearm as defined in 18 U.S.C. 921(a)(16);
    36    (B)  a  semiautomatic  rifle  that cannot accept a detachable magazine
    37  that holds more than five rounds of ammunition;
    38    (C) a semiautomatic shotgun that cannot hold more than five rounds  of
    39  ammunition in a fixed or detachable magazine;
    40    (D)  a  rifle, shotgun or pistol, or a replica or a duplicate thereof,
    41  specified in Appendix A to section 922 of 18 U.S.C. as such  weapon  was
    42  manufactured  on  October first, nineteen hundred ninety-three. The mere
    43  fact that a weapon is not listed in Appendix A shall not be construed to
    44  mean that such weapon is an assault weapon; or
    45    (E) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
    46  pistol  or  any of the weapons defined in paragraph (d) of this subdivi-
    47  sion lawfully possessed prior to September fourteenth, nineteen  hundred
    48  ninety-four; and
    49    (b)    (i)  in  the  counties of Kings, Queens, Richmond, New York and
    50  Bronx, a semiautomatic rifle that has an ability to accept a  detachable
    51  magazine and has at least one of the following characteristics:
    52    [(i)] (A) a folding or telescoping stock;
    53    [(ii)]  (B)  a  pistol  grip  that protrudes conspicuously beneath the
    54  action of the weapon;
    55    [(iii)] (C) a thumbhole stock;

        S. 266                             11
     1    [(iv)] (D) a second handgrip or a protruding grip that can be held  by
     2  the non-trigger hand;
     3    [(v)] (E) a bayonet mount;
     4    [(vi)]  (F)  a  flash suppressor, muzzle break, muzzle compensator, or
     5  threaded barrel designed  to  accommodate  a  flash  suppressor,  muzzle
     6  break, or muzzle compensator;
     7    [(vii)] (G) a grenade launcher; or
     8    [(b)]  (ii)  a  semiautomatic  shotgun  that  has  at least one of the
     9  following characteristics:
    10    [(i)] (A) a folding or telescoping stock;
    11    [(ii)] (B) a thumbhole stock;
    12    [(iii)] (C) a second handgrip or a protruding grip that can be held by
    13  the non-trigger hand;
    14    [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
    15    [(v)] (E) an ability to accept a detachable magazine; or
    16    [(c)] (iii) a semiautomatic pistol that has an  ability  to  accept  a
    17  detachable  magazine  and  has  at least one of the following character-
    18  istics:
    19    [(i)] (A) a folding or telescoping stock;
    20    [(ii)] (B) a thumbhole stock;
    21    [(iii)] (C) a second handgrip or a protruding grip that can be held by
    22  the non-trigger hand;
    23    [(iv)] (D) capacity to accept an ammunition magazine that attaches  to
    24  the pistol outside of the pistol grip;
    25    [(v)]  (E)  a  threaded barrel capable of accepting a barrel extender,
    26  flash suppressor, forward handgrip, or silencer;
    27    [(vi)] (F) a shroud that is attached to, or  partially  or  completely
    28  encircles,  the  barrel and that permits the shooter to hold the firearm
    29  with the non-trigger hand without being burned;
    30    [(vii)] (G) a manufactured weight of fifty ounces  or  more  when  the
    31  pistol is unloaded; or
    32    [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
    33  firearm;
    34    [(d)] (iv) a revolving cylinder shotgun;
    35    [(e)]  (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
    36  tomatic pistol or weapon defined in former subparagraph (v) of paragraph
    37  (e) of subdivision twenty-two of section 265.00 of this chapter as added
    38  by chapter one hundred eighty-nine of  the  laws  of  two  thousand  and
    39  otherwise lawfully possessed pursuant to such chapter of the laws of two
    40  thousand prior to September fourteenth, nineteen hundred ninety-four;
    41    [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
    42  tomatic  pistol  or  weapon defined in this paragraph or paragraph (a)[,
    43  (b) or (c)] of this subdivision, possessed prior to the date  of  enact-
    44  ment  of  [the]  chapter  one of the laws of two thousand thirteen which
    45  added this paragraph;
    46    [(g)] (vii) provided, however, that such term does not include:
    47    [(i)] (A) any rifle, shotgun or pistol  that  [(A)]  (I)  is  manually
    48  operated  by  bolt,  pump,  lever  or  slide action; [(B)] (II) has been
    49  rendered permanently inoperable; or [(C)] (III) is an antique firearm as
    50  defined in 18 U.S.C.  921(a)(16);
    51    [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
    52  zine that holds more than five rounds of ammunition;
    53    [(iii)] (C) a semiautomatic shotgun that cannot hold  more  than  five
    54  rounds of ammunition in a fixed or detachable magazine; or
    55    [(iv)]  (D)  a  rifle,  shotgun or pistol, or a replica or a duplicate
    56  thereof, specified in Appendix A to 18 U.S.C. 922  as  such  weapon  was

        S. 266                             12
     1  manufactured  on  October first, nineteen hundred ninety-three. The mere
     2  fact that a weapon is not listed in Appendix A shall not be construed to
     3  mean that such weapon is an assault weapon;
     4    [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
     5  sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
     6  subject to the provisions of [paragraph (h)] subparagraph (viii) of this
     7  [subdivision] paragraph;
     8    [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
     9  least fifty years prior to the current date, but not including  replicas
    10  thereof  that is validly registered pursuant to subdivision sixteen-a of
    11  section 400.00 of this chapter;
    12    [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
    13  (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
    14  nition feeding device that was legally possessed by an individual  prior
    15  to  the enactment of [the] chapter one of the laws of two thousand thir-
    16  teen which added this paragraph, may only be sold to, exchanged with  or
    17  disposed  of  to a purchaser authorized to possess such weapons or to an
    18  individual or entity outside of the state provided that any such  trans-
    19  fer  to an individual or entity outside of the state must be reported to
    20  the entity wherein the weapon is registered within seventy-two hours  of
    21  such  transfer.  An  individual  who  transfers any such weapon or large
    22  capacity ammunition device to an individual inside  New  York  state  or
    23  without  complying with the provisions of this paragraph shall be guilty
    24  of a class A misdemeanor unless such large capacity  ammunition  feeding
    25  device,  the possession of which is made illegal by [the] chapter one of
    26  the laws of two thousand thirteen which added this [paragraph]  subpara-
    27  graph,  is  transferred  within  one year of the effective date of [the]
    28  chapter one of the laws of two thousand thirteen which added this [para-
    29  graph] subparagraph.
    30    § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
    31  chapter 1 of the laws of 2013, is amended to read as follows:
    32    23. "Large capacity ammunition feeding device" means a magazine, belt,
    33  drum, feed strip, or similar device, manufactured after September  thir-
    34  tieth,  nineteen  hundred  ninety-four, that [(a)] has a capacity of, or
    35  that can be readily restored or  converted  to  accept,  more  than  ten
    36  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
    37  tion,  or (c) is obtained after the effective date of the chapter of the
    38  laws of two thousand thirteen which amended this subdivision and  has  a
    39  capacity  of,  or  that  can be readily restored or converted to accept,
    40  more than seven rounds of ammunition]; provided, however, that such term
    41  does not include an attached tubular  device  designed  to  accept,  and
    42  capable  of  operating  only  with, .22 caliber rimfire ammunition [or a
    43  feeding device that is a curio or relic. A  feeding  device  that  is  a
    44  curio or relic is defined as a device that (i) was manufactured at least
    45  fifty  years  prior  to  the current date, (ii) is only capable of being
    46  used exclusively in a firearm, rifle, or shotgun that  was  manufactured
    47  at least fifty years prior to the current date, but not including repli-
    48  cas  thereof,  (iii) is possessed by an individual who is not prohibited
    49  by state or federal law from possessing a firearm and (iv) is registered
    50  with the division of state police pursuant to subdivision  sixteen-a  of
    51  section  400.00 of this chapter, except such feeding devices transferred
    52  into the state may be registered at any time, provided they  are  regis-
    53  tered within thirty days of their transfer into the state. Notwithstand-
    54  ing  paragraph (h) of subdivision twenty-two of this section, such feed-
    55  ing devices may be transferred provided  that  such  transfer  shall  be

        S. 266                             13

     1  subject  to  the  provisions of section 400.03 of this chapter including
     2  the check required to be conducted pursuant to such section].
     3    §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
     4  chapter 1 of the laws of 2013, is amended to read as follows:
     5    24. "Seller of ammunition" means any person, firm, partnership, corpo-
     6  ration or company who engages in the business of purchasing, selling  or
     7  keeping ammunition in the county of Kings, Queens, Richmond, New York or
     8  Bronx.
     9    §  23.  The opening paragraph of section 265.01-b of the penal law, as
    10  added by chapter 1 of the laws of 2013, is amended to read as follows:
    11    A person is guilty of criminal possession of a firearm when he or she,
    12  being a resident of the county of Kings, Queens, Richmond, New  York  or
    13  Bronx:    (1) possesses any firearm or; (2) lawfully possesses a firearm
    14  prior to the effective date of [the] chapter one  of  the  laws  of  two
    15  thousand  thirteen  which added this section subject to the registration
    16  requirements of subdivision sixteen-a of section 400.00 of this  chapter
    17  and  knowingly  fails to register such firearm pursuant to such subdivi-
    18  sion.
    19    § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20  of  the
    20  penal  law, paragraph 3 as amended and paragraph 7-f as added by chapter
    21  1 of the laws of 2013, are amended to read as follows:
    22    3. Possession of a pistol or revolver by a person to  whom  a  license
    23  therefor  has  been issued as provided under section 400.00 or 400.01 of
    24  this chapter or possession, in the county of  Kings,  Queens,  Richmond,
    25  New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
    26  paragraph  [(e)  or (f)] (b) of subdivision twenty-two of section 265.00
    27  of this article which is registered pursuant to paragraph (a) of  subdi-
    28  vision  sixteen-a of section 400.00 of this chapter or is included on an
    29  amended license issued pursuant to section 400.00 of  this  chapter.  In
    30  the  event  such license is revoked, other than because such licensee is
    31  no longer permitted to possess a firearm, rifle or shotgun under federal
    32  or state law, information sufficient  to  satisfy  the  requirements  of
    33  subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
    34  mitted  by  the  licensing officer to the division of state police, in a
    35  form as determined by the superintendent of state  police.  Such  trans-
    36  mission  shall  constitute  a  valid  registration  under  such section.
    37  Further provided, notwithstanding any other section  of  this  title,  a
    38  failure  to  register  such  weapon  by  an individual, in the county of
    39  Kings, Queens, Richmond, New York or Bronx, who  possesses  such  weapon
    40  before  the  enactment  of [the] chapter one of the laws of two thousand
    41  thirteen which amended this paragraph and may  so  lawfully  possess  it
    42  thereafter upon registration, shall only be subject to punishment pursu-
    43  ant  to paragraph (c) of subdivision sixteen-a of section 400.00 of this
    44  chapter; provided,  that  such  a  license  or  registration  shall  not
    45  preclude  a  conviction  for the offense defined in subdivision three of
    46  section 265.01 of this article or section 265.01-a of this article.
    47    7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
    48  device,  in  the  county  of Kings, Queens, Richmond, New York or Bronx,
    49  that contains more than seven rounds of ammunition, but  that  does  not
    50  have  a  capacity  of  or can readily be restored or converted to accept
    51  more than ten rounds of ammunition, at an indoor or outdoor firing range
    52  located in or on premises owned  or  occupied  by  a  duly  incorporated
    53  organization organized for conservation purposes or to foster proficien-
    54  cy  in  arms;  at  an  indoor or outdoor firing range for the purpose of
    55  firing a rifle or shotgun; at a collegiate, olympic or  target  shooting
    56  competition  under  the  auspices  of  or approved by the national rifle

        S. 266                             14
     1  association; or at an organized match sanctioned  by  the  International
     2  Handgun Metallic Silhouette Association.
     3    §  25.  The  opening  paragraph of section 265.36 of the penal law, as
     4  added by chapter 1 of the laws of 2013, is amended to read as follows:
     5    It shall be unlawful for a person, in the  county  of  Kings,  Queens,
     6  Richmond, New York or Bronx, to knowingly possess a large capacity ammu-
     7  nition feeding device manufactured before September thirteenth, nineteen
     8  hundred  ninety-four,  and  if such person lawfully possessed such large
     9  capacity feeding device before the effective date of [the]  chapter  one
    10  of  the laws of two thousand thirteen which added this section, that has
    11  a capacity of, or that can be readily restored or converted  to  accept,
    12  more than ten rounds of ammunition.
    13    §  26.  The  opening  paragraph of section 265.37 of the penal law, as
    14  amended by section 2 of part FF of chapter 57 of the laws  of  2013,  is
    15  amended to read as follows:
    16    It  shall be unlawful for a person to knowingly possess, in the county
    17  of Kings, Queens, Richmond, New York or  Bronx,  an  ammunition  feeding
    18  device where such device contains more than seven rounds of ammunition.
    19    §  27.  The  opening  paragraph of section 265.45 of the penal law, as
    20  amended by section 3 of part FF of chapter 57 of the laws  of  2013,  is
    21  amended to read as follows:
    22    No person, residing in the county of Kings, Queens, Richmond, New York
    23  or  Bronx,  who  owns or is custodian of a rifle, shotgun or firearm who
    24  resides with an individual who such person knows or has reason  to  know
    25  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
    26  (1), (4), (8) or (9) shall store or otherwise leave such rifle,  shotgun
    27  or  firearm  out  of  his or her immediate possession or control without
    28  having first securely locked such rifle, shotgun or firearm in an appro-
    29  priate safe storage depository or rendered it incapable of  being  fired
    30  by  use of a gun locking device appropriate to that weapon. For purposes
    31  of this section "safe storage depository" shall mean  a  safe  or  other
    32  secure  container which, when locked, is incapable of being opened with-
    33  out the key, combination or other unlocking mechanism and is capable  of
    34  preventing   an   unauthorized  person  from  obtaining  access  to  and
    35  possession of the weapon contained therein. With respect to a person who
    36  is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
    37  for  purposes  of this section, this section applies only if such person
    38  has been convicted of a crime included in  subdivision  one  of  section
    39  370.15  of  the  criminal procedure law and such gun is possessed within
    40  five years from the later of the date of  conviction  or  completion  of
    41  sentence.  Nothing  in this section shall be deemed to affect, impair or
    42  supersede any special or local act  relating  to  the  safe  storage  of
    43  rifles, shotguns or firearms which impose additional requirements on the
    44  owner or custodian of such weapons.
    45    §  28. Subdivision 1 of section 400.00 of the penal law, as amended by
    46  chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
    47  the laws of 2018, is amended to read as follows:
    48    1. Eligibility. No license shall be issued or renewed pursuant to this
    49  section except by the licensing officer, and then  only  after  investi-
    50  gation  and  finding  that  all statements in a proper application for a
    51  license are true. No license shall be issued or renewed  except  for  an
    52  applicant  (a) twenty-one years of age or older, provided, however, that
    53  where such applicant has  been  honorably  discharged  from  the  United
    54  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    55  national guard of the state of New York, no such age  restriction  shall
    56  apply;  (b)  of  good  moral  character;  (c) who has not been convicted

        S. 266                             15
     1  anywhere of a felony or a serious offense or who is not the  subject  of
     2  an outstanding warrant of arrest issued upon the alleged commission of a
     3  felony  or  serious offense; (d) who is not a fugitive from justice; (e)
     4  who  is  not an unlawful user of or addicted to any controlled substance
     5  as defined in section 21 U.S.C. 802; (f) who being an alien (i)  is  not
     6  illegally or unlawfully in the United States or (ii) has not been admit-
     7  ted to the United States under a nonimmigrant visa subject to the excep-
     8  tion  in  18  U.S.C. 922(y)(2); (g) who has not been discharged from the
     9  Armed Forces under dishonorable conditions; (h) who, having been a citi-
    10  zen of the United States, has not renounced his or her citizenship;  (i)
    11  who  has  stated whether he or she has ever suffered any mental illness;
    12  (j) who, being a resident of the county of Kings, Queens, Richmond,  New
    13  York  or Bronx, has not been involuntarily committed to a facility under
    14  the jurisdiction of an office of the department of mental hygiene pursu-
    15  ant to article nine or fifteen of the mental hygiene law, article  seven
    16  hundred  thirty or section 330.20 of the criminal procedure law, section
    17  four hundred two or five hundred eight of the  correction  law,  section
    18  322.2 or 353.4 of the family court act, or has not been civilly confined
    19  in  a  secure  treatment  facility pursuant to article ten of the mental
    20  hygiene law; (k) who has not had a license revoked or who is not under a
    21  suspension or ineligibility order issued pursuant to the  provisions  of
    22  section  530.14  of  the criminal procedure law or section eight hundred
    23  forty-two-a of the family court act; (l) in the county  of  Westchester,
    24  who  has  successfully  completed  a  firearms safety course and test as
    25  evidenced by a certificate of completion issued in his or her  name  and
    26  endorsed  and  affirmed under the penalties of perjury by a duly author-
    27  ized instructor, except that: (i) persons who are  honorably  discharged
    28  from  the  United  States army, navy, marine corps or coast guard, or of
    29  the national guard of the state of New York,  and  produce  evidence  of
    30  official  qualification  in  firearms during the term of service are not
    31  required to have completed those  hours  of  a  firearms  safety  course
    32  pertaining  to the safe use, carrying, possession, maintenance and stor-
    33  age of a firearm; and (ii) persons who were licensed to possess a pistol
    34  or revolver prior to the  effective  date  of  this  paragraph  are  not
    35  required  to  have completed a firearms safety course and test; (m) who,
    36  being a resident of the county of Kings, Queens, Richmond, New  York  or
    37  Bronx,  has  not had a guardian appointed for him or her pursuant to any
    38  provision of state law, based on a determination that  as  a  result  of
    39  marked  subnormal intelligence, mental illness, incapacity, condition or
    40  disease, he or she lacks the mental capacity to contract or  manage  his
    41  or her own affairs; and (n) concerning whom no good cause exists for the
    42  denial  of  the  license.  No  person  shall  engage  in the business of
    43  gunsmith or dealer in firearms unless licensed pursuant to this section.
    44  An applicant to engage in such business shall also be a citizen  of  the
    45  United States, more than twenty-one years of age and maintain a place of
    46  business  in  the  city  or county where the license is issued. For such
    47  business, if the applicant is a firm or partnership, each member thereof
    48  shall comply with all of the requirements set forth in this  subdivision
    49  and  if  the  applicant  is a corporation, each officer thereof shall so
    50  comply.
    51    § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
    52  law, as amended by chapter 1 of the laws of 2013, are amended to read as
    53  follows:
    54    4.  Investigation.  Before a license is issued or renewed, there shall
    55  be an investigation of all statements required in the application by the
    56  duly constituted police authorities of the locality where such  applica-

        S. 266                             16
     1  tion  is  made[,  including  but  not  limited to such records as may be
     2  accessible to the division of  state  police  or  division  of  criminal
     3  justice  services  pursuant to section 400.02 of this article]. For that
     4  purpose,  the  records  of  the  appropriate office of the department of
     5  mental hygiene concerning previous or  present  mental  illness  of  the
     6  applicant shall be available for inspection by the investigating officer
     7  of  the  police  authority.  In order to ascertain any previous criminal
     8  record, the investigating officer shall take the fingerprints and  phys-
     9  ical  descriptive  data  in quadruplicate of each individual by whom the
    10  application is signed and verified.  Two  copies  of  such  fingerprints
    11  shall  be  taken  on standard fingerprint cards eight inches square, and
    12  one copy may be taken on a card supplied for that purpose by the federal
    13  bureau of investigation; provided, however, that in the case of a corpo-
    14  rate applicant that has already been issued a dealer in firearms license
    15  and seeks to operate a firearm dealership  at  a  second  or  subsequent
    16  location, the original fingerprints on file may be used to ascertain any
    17  criminal  record  in  the second or subsequent application unless any of
    18  the corporate officers have changed  since  the  prior  application,  in
    19  which  case  the  new  corporate  officer  shall  comply with procedures
    20  governing an initial application for such license. When  completed,  one
    21  standard  card  shall  be  forwarded  to and retained by the division of
    22  criminal justice services in the  executive  department,  at  Albany.  A
    23  search  of  the  files  of such division and written notification of the
    24  results of the search to the investigating officer shall be made without
    25  unnecessary delay. Thereafter, such division shall notify the  licensing
    26  officer  and the executive department, division of state police, Albany,
    27  of any criminal record of the applicant filed therein subsequent to  the
    28  search  of its files. A second standard card, or the one supplied by the
    29  federal bureau of investigation, as the case may be, shall be  forwarded
    30  to that bureau at Washington with a request that the files of the bureau
    31  be searched and notification of the results of the search be made to the
    32  investigating  police authority. Of the remaining two fingerprint cards,
    33  one shall be filed with the  executive  department,  division  of  state
    34  police,  Albany,  within ten days after issuance of the license, and the
    35  other remain on file with the investigating police  authority.  No  such
    36  fingerprints  may be inspected by any person other than a peace officer,
    37  who is acting pursuant to his  special  duties,  or  a  police  officer,
    38  except  on  order of a judge or justice of a court of record either upon
    39  notice to the licensee or without notice, as the judge  or  justice  may
    40  deem  appropriate.  Upon  completion  of  the  investigation, the police
    41  authority shall report the results  to  the  licensing  officer  without
    42  unnecessary delay.
    43    5.  Filing  of  approved  applications.  (a)  The  application for any
    44  license, if granted, shall be filed by the licensing  officer  with  the
    45  clerk  of  the  county  of issuance, except that in the city of New York
    46  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    47  designate  the  place  of  filing in the appropriate division, bureau or
    48  unit of the police department thereof, and in the county of Suffolk  the
    49  county  clerk  is  hereby authorized to transfer all records or applica-
    50  tions relating to firearms to the licensing authority  of  that  county.
    51  Except  as  provided  in paragraphs (b) through [f] (e) of this subdivi-
    52  sion, the name and address of any person to whom an application for  any
    53  license has been granted shall be a public record. Upon application by a
    54  licensee who has changed his place of residence such records or applica-
    55  tions  shall be transferred to the appropriate officer at the licensee's
    56  new place of residence. A duplicate copy of such  application  shall  be

        S. 266                             17
     1  filed  by the licensing officer in the executive department, division of
     2  state police, Albany, within ten days after issuance of the license. The
     3  superintendent of state police may designate that such application shall
     4  be  transmitted  to  the division of state police electronically. In the
     5  event the superintendent of the division of state police determines that
     6  it lacks any of the records required to be filed with the  division,  it
     7  may  request  that  such  records  be  provided to it by the appropriate
     8  clerk, department or authority and such clerk, department  or  authority
     9  shall  provide  the division with such records. In the event such clerk,
    10  department or authority lacks such records, the division may request the
    11  license holder provide information sufficient to constitute such  record
    12  and  such  license  holder shall provide the division with such informa-
    13  tion. Such information shall be limited to the  license  holder's  name,
    14  date of birth, gender, race, residential address, social security number
    15  and  firearms possessed by said license holder. Nothing in this subdivi-
    16  sion shall be construed to change the expiration date or  term  of  such
    17  licenses  if  otherwise  provided  for  in  law.  [Records  assembled or
    18  collected for purposes of inclusion in the database established by  this
    19  section  shall  be released pursuant to a court order. Records assembled
    20  or collected for purposes of inclusion in the database created  pursuant
    21  to  section  400.02  of  this chapter shall not be subject to disclosure
    22  pursuant to article six of the public officers law.]
    23    (b) Each application for a license pursuant to paragraph (a)  of  this
    24  subdivision  shall  include,  on a separate written form prepared by the
    25  division of state police within thirty days of  the  effective  date  of
    26  [the]  chapter  one  of the laws of two thousand thirteen, which amended
    27  this section, and provided to the applicant at the same time and in  the
    28  same  manner  as  the  application for a license, an opportunity for the
    29  applicant to request an exception from his or her  application  informa-
    30  tion  becoming  public record pursuant to paragraph (a) of this subdivi-
    31  sion. Such forms, which shall also be made available to individuals  who
    32  had applied for or been granted a license prior to the effective date of
    33  [the]  chapter  one  of  the laws of two thousand thirteen which amended
    34  this section, shall notify  applicants  that,  upon  discovery  that  an
    35  applicant  knowingly  provided  false information, such applicant may be
    36  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    37  further,  that  his  or  her  request for an exception shall be null and
    38  void, provided that written  notice  containing  such  determination  is
    39  provided to the applicant. Further, such forms shall provide each appli-
    40  cant  an  opportunity to specify the grounds on which he or she believes
    41  his or her application information should  not  be  publicly  disclosed.
    42  These  grounds,  which shall be identified on the application with a box
    43  beside each for checking, as applicable, by the applicant, shall  be  as
    44  follows:
    45    (i)  the  applicant's  life  or safety may be endangered by disclosure
    46  because:
    47    (A) the applicant is an active or retired police officer, peace  offi-
    48  cer, probation officer, parole officer, or corrections officer;
    49    (B)  the applicant is a protected person under a currently valid order
    50  of protection;
    51    (C) the applicant is or was a witness in a criminal proceeding involv-
    52  ing a criminal charge;
    53    (D) the applicant is participating or  previously  participated  as  a
    54  juror  in  a criminal proceeding, or is or was a member of a grand jury;
    55  or

        S. 266                             18
     1    (E) the applicant is a spouse, domestic partner or household member of
     2  a person identified in this subparagraph or subparagraph  (ii)  of  this
     3  paragraph,  specifying  which  subparagraph or subparagraphs and clauses
     4  apply.
     5    (ii) the applicant has reason to believe his or her life or safety may
     6  be endangered by disclosure due to reasons stated by the applicant.
     7    (iii)  the applicant has reason to believe he or she may be subject to
     8  unwarranted harassment upon disclosure of such information.
     9    (c) [Each form provided for recertification pursuant to paragraph  (b)
    10  of  subdivision ten of this section shall include an opportunity for the
    11  applicant to request an exception from the information provided on  such
    12  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    13  sion. Such forms shall notify applicants that, upon  discovery  that  an
    14  applicant  knowingly  provided  false information, such applicant may be
    15  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    16  further,  that  his  or  her  request for an exception shall be null and
    17  void, provided that written  notice  containing  such  determination  is
    18  provided to the applicant. Further, such forms shall provide each appli-
    19  cant  an opportunity to either decline to request the grant or continua-
    20  tion of an exception, or specify the grounds on which he or she believes
    21  his or her information should not be publicly disclosed. These  grounds,
    22  which  shall be identified in the application with a box beside each for
    23  checking, as applicable, by the applicant, shall be the same as provided
    24  in paragraph (b) of this subdivision.
    25    (d)] Information submitted on the forms described in paragraph (b)  of
    26  this subdivision shall be excepted from disclosure and maintained by the
    27  entity  retaining  such  information  separate  and apart from all other
    28  records.
    29    [(e)] (d) (i) Upon receiving a request for exception from  disclosure,
    30  the  licensing officer shall grant such exception, unless the request is
    31  determined to be null and void, pursuant to paragraph (b)[  or  (c)]  of
    32  this subdivision.
    33    (ii)  A  request  for an exception from disclosure may be submitted at
    34  any time, including after a license or recertification has been granted.
    35    (iii) If an exception is sought and granted pursuant to paragraph  (b)
    36  of  this  subdivision,  the  application information shall not be public
    37  record, unless the request is determined to  be  null  and  void.[If  an
    38  exception is sought and granted pursuant to paragraph (c) of this subdi-
    39  vision,  the  information  concerning  such  recertification application
    40  shall not be public record, unless the request is determined to be  null
    41  and void.]
    42    [(f)]  (e)  The  information  of licensees or applicants for a license
    43  shall not be disclosed to the public during the first one hundred twenty
    44  days following the effective date of [the] chapter one of  the  laws  of
    45  two  thousand  thirteen,  which amended this section. After such period,
    46  the information of those who had applied for or been granted  a  license
    47  prior to the preparation of the form for requesting an exception, pursu-
    48  ant  to  paragraph (b) of this subdivision, may be released only if such
    49  individuals did not file a request for  such  an  exception  during  the
    50  first  sixty days following such preparation; provided, however, that no
    51  information contained in an application for licensure or recertification
    52  shall be disclosed by an entity that has not  completed  processing  any
    53  such requests received during such sixty days.
    54    [(g)]  (f)  If a request for an exception is determined to be null and
    55  void pursuant to paragraph (b) [or (c)] of this subdivision,  an  appli-
    56  cant may request review of such determination pursuant to article seven-

        S. 266                             19
     1  ty-eight  of  the  civil  practice [laws] law and rules. Such proceeding
     2  must commence within thirty days after service  of  the  written  notice
     3  containing  the  adverse  determination. Notice of the right to commence
     4  such  a petition, and the time period therefor, shall be included in the
     5  notice of the determination. Disclosure following such a petition  shall
     6  not be made prior to the disposition of such review.
     7    10.  License: expiration, certification and renewal. [(a)] Any license
     8  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
     9  license  to  carry  or  possess a pistol or revolver, issued at any time
    10  pursuant to this section or prior to the first  day  of  July,  nineteen
    11  hundred  sixty-three  and not limited to expire on an earlier date fixed
    12  in the license, shall expire not more than three years after the date of
    13  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
    14  license  to  carry  or  possess a pistol or revolver, issued at any time
    15  pursuant to this section or prior to the first  day  of  July,  nineteen
    16  hundred  sixty-three  and not limited to expire on an earlier date fixed
    17  in the license, shall expire not more than five years after the date  of
    18  issuance;  however, in the county of Westchester, any such license shall
    19  be certified prior to the first day of April, two thousand,  in  accord-
    20  ance  with  a schedule to be contained in regulations promulgated by the
    21  commissioner of the division of criminal  justice  services,  and  every
    22  such  license  shall  be  recertified  every  five years thereafter. For
    23  purposes of this section certification  shall  mean  that  the  licensee
    24  shall  provide  to the licensing officer the following information only:
    25  current name, date of birth, current address, and the make, model, cali-
    26  ber and serial number of all firearms currently possessed. Such  certif-
    27  ication  information shall be filed by the licensing officer in the same
    28  manner as an amendment. Elsewhere than in the city of New York  and  the
    29  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    30  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    31  section  or prior to the first day of July, nineteen hundred sixty-three
    32  and not previously revoked or cancelled, shall be in  force  and  effect
    33  until  revoked  as herein provided. Any license not previously cancelled
    34  or revoked shall remain in full force and effect for thirty days  beyond
    35  the  stated  expiration date on such license. Any application to renew a
    36  license that has not previously expired, been revoked or cancelled shall
    37  thereby extend the term of the license until disposition of the applica-
    38  tion by the licensing officer. In the case of a license for gunsmith  or
    39  dealer  in  firearms,  in  counties having a population of less than two
    40  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    41  submitted  on  original applications and upon renewal thereafter only at
    42  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
    43  original  license has been despoiled, lost or otherwise removed from the
    44  possession of the licensee and upon application containing an additional
    45  photograph of the licensee, the licensing officer shall issue  a  dupli-
    46  cate license.
    47    [(b)  All  licensees  shall  be  recertified  to the division of state
    48  police every five years thereafter. Any license issued before the effec-
    49  tive date of the chapter of the laws  of  two  thousand  thirteen  which
    50  added  this  paragraph shall be recertified by the licensee on or before
    51  January thirty-first, two thousand eighteen, and not less than one  year
    52  prior  to such date, the state police shall send a notice to all license
    53  holders who have not recertified  by  such  time.  Such  recertification
    54  shall  be  in  a form as approved by the superintendent of state police,
    55  which shall request the license holder's name, date  of  birth,  gender,
    56  race, residential address, social security number, firearms possessed by

        S. 266                             20

     1  such  license  holder, email address at the option of the license holder
     2  and an affirmation that such  license  holder  is  not  prohibited  from
     3  possessing  firearms. The form may be in an electronic form if so desig-
     4  nated  by the superintendent of state police. Failure to recertify shall
     5  act as a revocation of such  license.  If  the  New  York  state  police
     6  discover  as  a  result  of  the recertification process that a licensee
     7  failed to provide a change of address, the New York state  police  shall
     8  not require the licensing officer to revoke such license.]
     9    11. License: revocation and suspension. (a) The conviction of a licen-
    10  see  anywhere  of a felony or serious offense [or a licensee at any time
    11  becoming ineligible to obtain a license under this section] shall  oper-
    12  ate  as  a  revocation  of  the  license.  A  license  may be revoked or
    13  suspended as provided for in section 530.14 of  the  criminal  procedure
    14  law or section eight hundred forty-two-a of the family court act. Except
    15  for  a  license  issued  pursuant  to  section 400.01 of this article, a
    16  license may be revoked and cancelled at any time  in  the  city  of  New
    17  York,  and in the counties of Nassau and Suffolk, by the licensing offi-
    18  cer, and elsewhere than in the city of New York by any judge or  justice
    19  of  a  court  of  record; a license issued pursuant to section 400.01 of
    20  this article may be revoked and cancelled at any time by  the  licensing
    21  officer  or  any  judge  or  justice  of a court of record. The official
    22  revoking a license shall give written notice thereof without unnecessary
    23  delay to the executive department, division of state police, Albany, and
    24  shall also notify immediately the duly constituted police authorities of
    25  the locality.
    26    (b) Whenever the director of community services  in  the  counties  of
    27  Kings,  Queens,  Richmond,  New  York  and Bronx, or his or her designee
    28  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
    29  division  of  criminal  justice  services shall convey such information,
    30  whenever it determines that the person named in the report  possesses  a
    31  license  issued  pursuant  to this section, to the appropriate licensing
    32  official, who shall issue an order suspending or revoking such license.
    33    (c) In any instance in  which  a  person's  license  is  suspended  or
    34  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
    35  shall surrender such license to the appropriate licensing  official  and
    36  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
    37  person shall be surrendered to an appropriate law enforcement agency  as
    38  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
    39  section 265.20 of this chapter. In  the  event  such  license,  firearm,
    40  shotgun,  or  rifle  is not surrendered, such items shall be removed and
    41  declared a nuisance and any  police  officer  or  peace  officer  acting
    42  pursuant  to  his  or her special duties is authorized to remove any and
    43  all such weapons.
    44    12. Records required of gunsmiths and dealers in firearms. Any  person
    45  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
    46  approved as to form, except in the city of New York, by the  superinten-
    47  dent of state police. In the record book shall be entered at the time of
    48  every  transaction  involving  a firearm the date, name, age, occupation
    49  and residence of any person from whom a firearm is received or to whom a
    50  firearm is delivered, and the calibre, make, model, manufacturer's  name
    51  and  serial number, or if none, any other distinguishing number or iden-
    52  tification mark on such firearm. Before  delivering  a  firearm  to  any
    53  person, the licensee shall require him to produce either a license valid
    54  under  this  section  to  carry  or possess the same, or proof of lawful
    55  authority as an  exempt  person  pursuant  to  section  265.20  of  this
    56  chapter.    In addition, before delivering a firearm to a peace officer,

        S. 266                             21
     1  the licensee shall verify that person's status as a peace  officer  with
     2  the division of state police. After completing the foregoing, the licen-
     3  see  shall remove and retain the attached coupon and enter in the record
     4  book the date of such license, number, if any, and name of the licensing
     5  officer,  in the case of the holder of a license to carry or possess, or
     6  the shield or other number, if any, assignment and department,  unit  or
     7  agency, in the case of an exempt person. The original transaction report
     8  shall  be  forwarded  to the division of state police within ten days of
     9  delivering a firearm to any person, and a duplicate copy shall  be  kept
    10  by  the  licensee. The superintendent of state police may designate that
    11  such record shall be completed and transmitted  in  electronic  form.  A
    12  dealer  may  be granted a waiver from transmitting such records in elec-
    13  tronic form if the superintendent determines that such dealer is incapa-
    14  ble of such transmission due to technological limitations that  are  not
    15  reasonably  within  the  control  of  the  dealer,  or other exceptional
    16  circumstances demonstrated by the dealer, pursuant to a  process  estab-
    17  lished  in  regulation,  and  at  the  discretion of the superintendent.
    18  [Records assembled or collected for purposes of inclusion in  the  data-
    19  base  created  pursuant  to  section 400.02 of this article shall not be
    20  subject to disclosure pursuant to article six  of  the  public  officers
    21  law.]  The record book shall be maintained on the premises mentioned and
    22  described in the license and shall be open at all reasonable  hours  for
    23  inspection  by any peace officer, acting pursuant to his special duties,
    24  or police officer. In the event of cancellation  or  revocation  of  the
    25  license  for  gunsmith or dealer in firearms, or discontinuance of busi-
    26  ness by a licensee, such record book shall be immediately surrendered to
    27  the licensing officer in the city of New York, and in  the  counties  of
    28  Nassau  and Suffolk, and elsewhere in the state to the executive depart-
    29  ment, division of state police.
    30    § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
    31  chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
    32  the laws of 2013, is amended to read as follows:
    33    16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
    34  or (f)] subparagraph (v) or (vi) of paragraph (b) of  subdivision  twen-
    35  ty-two  of  section 265.00 of this chapter, who resides in the county of
    36  Kings, Queens, Richmond, New York or Bronx, possessed before the date of
    37  the effective date of [the] chapter one of  the  laws  of  two  thousand
    38  thirteen  which added this paragraph, must make an application to regis-
    39  ter such weapon with the superintendent of state police, in  the  manner
    40  provided by the superintendent, or by amending a license issued pursuant
    41  to  this  section within one year of the effective date of this subdivi-
    42  sion except any weapon defined under [subparagraph (vi)] clause  (F)  of
    43  subparagraph  (vii)  of paragraph [(g)] (b) of subdivision twenty-two of
    44  section 265.00 of this chapter transferred into the state may be  regis-
    45  tered  at  any  time, provided such weapons are registered within thirty
    46  days of their transfer into the state.  Registration  information  shall
    47  include  the registrant's name, date of birth, gender, race, residential
    48  address, social security number and a description of each  weapon  being
    49  registered. A registration in the county of Kings, Queens, Richmond, New
    50  York  or  Bronx,  of any weapon defined under [subparagraph (vi)] clause
    51  (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision  twenty-
    52  two  of  section 265.00 or a feeding device as defined under subdivision
    53  twenty-three of section 265.00 of this chapter  shall  be  transferable,
    54  provided  that  the  seller notifies the division of state police within
    55  seventy-two hours of the transfer and the buyer provides the division of
    56  state police with information sufficient to  constitute  a  registration

        S. 266                             22
     1  under  this section. Such registration shall not be valid if such regis-
     2  trant is prohibited or becomes  prohibited  from  possessing  a  firearm
     3  pursuant  to  state  or  federal law. The superintendent shall determine
     4  whether  such  registrant  is prohibited from possessing a firearm under
     5  state or federal law. Such check shall be limited to determining whether
     6  the factors in 18 USC 922 (g) apply or whether  a  registrant  has  been
     7  convicted  of  a  serious offense as defined in subdivision sixteen-b of
     8  section 265.00 of this chapter, so as to prohibit such  registrant  from
     9  possessing  a  firearm, and whether a report has been issued pursuant to
    10  section 9.46 of the mental hygiene law.   [All] Such  registrants  shall
    11  recertify  to  the division of state police every five years thereafter.
    12  Failure to recertify shall result in a revocation of such registration.
    13    (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
    14  this  subdivision, an owner, who resides in the county of Kings, Queens,
    15  Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
    16  sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
    17  retired New York or federal law enforcement officer as defined in subdi-
    18  vision  twenty-five of section 265.00 of this chapter, where such weapon
    19  was issued to or purchased by such officer prior to  retirement  and  in
    20  the course of his or her official duties, and for which such officer was
    21  qualified  by the agency that employed such officer within twelve months
    22  prior to his or her retirement, must register such weapon  within  sixty
    23  days of retirement.
    24    (b)  The  superintendent  of state police shall create and maintain an
    25  internet website to educate the public, who  reside  in  the  county  of
    26  Kings,  Queens,  Richmond,  New York or Bronx, as to which semiautomatic
    27  rifle, semiautomatic shotgun or semiautomatic pistol or weapon that  are
    28  illegal as a result of the enactment of [the] chapter one of the laws of
    29  two  thousand  thirteen  which  added  this  paragraph,  as well as such
    30  assault weapons which  are  illegal  pursuant  to  article  two  hundred
    31  sixty-five  of  this  chapter. Such website shall contain information to
    32  assist [the] such public in recognizing the relevant features proscribed
    33  by such article two hundred sixty-five, as well as which make and  model
    34  of weapons that require registration.
    35    (c)  A  person,  who resides in the county of Kings, Queens, Richmond,
    36  New York or Bronx, who knowingly fails to apply to register such weapon,
    37  as required by this section, within one year of the  effective  date  of
    38  [the]  chapter one of the laws of two thousand thirteen which added this
    39  paragraph shall be guilty of a class A misdemeanor and such  person  who
    40  unknowingly  fails  to validly register such weapon within such one year
    41  period shall be given  a  warning  by  an  appropriate  law  enforcement
    42  authority  about such failure and given thirty days in which to apply to
    43  register such weapon or to surrender it. A failure to apply or surrender
    44  such weapon within such thirty-day period shall result  in  such  weapon
    45  being removed by an appropriate law enforcement authority and declared a
    46  nuisance.
    47    § 31. Section 400.02 of the penal law is REPEALED.
    48    §  32.  Section  400.03 of the penal law, as added by chapter 1 of the
    49  laws of 2013, is amended to read as follows:
    50  § 400.03 Sellers of ammunition.
    51    1. A seller of ammunition as defined  in  subdivision  twenty-four  of
    52  section  265.00  of  this chapter doing business in the county of Kings,
    53  Queens, Richmond, New York or Bronx, shall register with the superinten-
    54  dent of state police in a manner provided  by  the  superintendent.  Any
    55  dealer  in  firearms that is validly licensed pursuant to section 400.00
    56  of this article shall not be required to complete such registration.

        S. 266                             23
     1    2. Any seller of ammunition or dealer in firearms  doing  business  in
     2  the  county  of Kings, Queens, Richmond, New York or Bronx, shall keep a
     3  record book approved as to form by the superintendent of  state  police.
     4  In  the  record  book  shall be entered at the time of every transaction
     5  involving  ammunition  the  date, name, age, occupation and residence of
     6  any person from whom ammunition is received or  to  whom  ammunition  is
     7  delivered,  and  the  amount,  calibre,  manufacturer's  name and serial
     8  number, or if none, any other distinguishing  number  or  identification
     9  mark  on  such  ammunition.  The  record book shall be maintained on the
    10  premises mentioned and described in the license and shall be open at all
    11  reasonable hours for inspection by any peace officer, acting pursuant to
    12  his or her special duties, or police officer. Any record produced pursu-
    13  ant to this section and any transmission thereof to any government agen-
    14  cy shall not be considered a public record for purposes of  article  six
    15  of the public officers law.
    16    3.  [No  later  than thirty days after the superintendent of the state
    17  police certifies that the statewide license and record  database  estab-
    18  lished pursuant to section 400.02 of this article is operational for the
    19  purposes  of  this section, a] A dealer in firearms licensed pursuant to
    20  section 400.00 of this article, a seller of  ammunition  as  defined  in
    21  subdivision twenty-four of section 265.00 of this chapter doing business
    22  in  the  county of Kings, Queens, Richmond, New York or Bronx, shall not
    23  transfer any ammunition to any other person  who  is  not  a  dealer  in
    24  firearms  as  defined  in  subdivision  nine of such section 265.00 or a
    25  seller of ammunition as defined in subdivision  twenty-four  of  section
    26  265.00 of this chapter, unless:
    27    (a)  before  the  completion  of  the transfer, the licensee or seller
    28  contacts the [statewide license and record database]  superintendent  of
    29  state police and provides the [database] superintendent with information
    30  sufficient to identify such dealer or seller, transferee based on infor-
    31  mation  on  the transferee's identification document as defined in para-
    32  graph (c) of this subdivision, as well as the amount, calibre,  manufac-
    33  turer's name and serial number, if any, of such ammunition;
    34    (b) the [system] superintendent provides the licensee or seller with a
    35  unique identification number; and
    36    (c)  the  transferor  has  verified  the identity of the transferee by
    37  examining a valid state identification document of the transferee issued
    38  by the department of motor vehicles or if the transferee is not a  resi-
    39  dent of the state of New York, a valid identification document issued by
    40  the  transferee's  state or country of residence containing a photograph
    41  of the transferee.
    42    4. If the [database] superintendent of state  police  determines  that
    43  the  purchaser  of ammunition is eligible to possess ammunition pursuant
    44  to state and federal laws, [the system] he or she shall:
    45    (a) assign a unique identification number to the transfer; and
    46    (b) provide the licensee or seller with the number.
    47    5. If the [statewide license and record  database]  superintendent  of
    48  state police notifies the licensee or seller that the information avail-
    49  able  [to the database] does not demonstrate that the receipt of ammuni-
    50  tion by such other person would violate 18 U.S.C. 922(g) or  state  law,
    51  and the licensee transfers ammunition to such other person, the licensee
    52  shall  indicate  to  the [database] superintendent that such transaction
    53  has been completed at which point a record of such transaction shall  be
    54  created  which  shall  be accessible by the division of state police and
    55  maintained for no longer than one year from point  of  purchase[,  which
    56  shall  not  be  incorporated  into  the database established pursuant to

        S. 266                             24

     1  section 400.02 of this article or the registry established  pursuant  to
     2  subdivision  sixteen-a  of section 400.00 of this article]. The division
     3  of state police may share such information with a local law  enforcement
     4  agency.  Evidence  of  the  purchase  of ammunition is not sufficient to
     5  establish probable cause to believe that the purchaser has  committed  a
     6  crime  absent  other  information  tending  to prove the commission of a
     7  crime. Records assembled or accessed pursuant to this section shall  not
     8  be  subject to disclosure pursuant to article six of the public officers
     9  law. This requirement of this section shall not apply  (i)  if  a  back-
    10  ground  check  cannot be completed because the system is not operational
    11  as determined by the superintendent of state police, or where it  cannot
    12  be  accessed  by  the  practitioner  due to a temporary technological or
    13  electrical failure, as set forth in regulation,  or  (ii)  a  dealer  or
    14  seller  has  been granted a waiver from conducting such background check
    15  if the superintendent of state police determines  that  such  dealer  is
    16  incapable  of  such  check due to technological limitations that are not
    17  reasonably within the  control  of  the  dealer,  or  other  exceptional
    18  circumstances  demonstrated  by the dealer, pursuant to a process estab-
    19  lished in regulation, and at the discretion of such superintendent.
    20    6. If the superintendent of state  police  certifies  that  background
    21  checks  of  ammunition  purchasers in the county of Kings, Queens, Rich-
    22  mond, New York or Bronx may be conducted through  the  national  instant
    23  criminal  background  check  system,  use  of that system by a dealer or
    24  seller shall be sufficient to satisfy subdivisions four and five of this
    25  section and such checks shall be conducted through such system, provided
    26  that a record of such transaction shall be forwarded to the state police
    27  in a form determined by the superintendent.
    28    7. No commercial transfer of ammunition shall take place in the county
    29  of Kings, Queens, Richmond, New York or Bronx unless a  licensed  dealer
    30  in  firearms  or registered seller of ammunition acts as an intermediary
    31  between the transferor and the ultimate transferee of the ammunition for
    32  the purposes of contacting the statewide  license  and  record  database
    33  pursuant  to  this  section. Such transfer between the dealer or seller,
    34  and transferee must occur in person.
    35    8. A seller of ammunition who  fails  to  register  pursuant  to  this
    36  section  and sells ammunition, for a first offense, shall be guilty of a
    37  violation and subject to the fine of one  thousand  dollars  and  for  a
    38  second offense, shall be guilty of a class A misdemeanor.
    39    A seller of ammunition that fails to keep any record required pursuant
    40  to  this section, for a first offense shall be guilty of a violation and
    41  subject to a fine of five hundred dollars,  and  for  a  second  offense
    42  shall  be  guilty of a class B misdemeanor, and the registration of such
    43  seller shall be revoked.
    44    § 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
    45  400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
    46  are amended to read as follows:
    47    (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
    48  firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
    49  on;  (ii)  in  the county of Kings, Queens, Richmond, New York or Bronx,
    50  ammunition as well as a firearm, rifle or shotgun who suffers  the  loss
    51  or  theft  of such ammunition as well as a firearm, rifle or shotgun; or
    52  (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
    53  nition and is a dealer in firearms or seller of ammunition  who  suffers
    54  the  loss  or theft of such ammunition shall within twenty-four hours of
    55  the discovery of the loss or theft report the facts and circumstances of
    56  the loss or theft to a police department or sheriff's office.

        S. 266                             25
     1    3. Notwithstanding any other provision of law, a  violation  of  para-
     2  graph  (a) of subdivision one of this section shall be [a class A misde-
     3  meanor] punishable only by a fine not to exceed one hundred dollars.
     4    § 34. Section 2509 of the surrogate's court procedure act, as added by
     5  chapter 1 of the laws of 2013, is amended to read as follows:
     6  § 2509. Firearms inventory
     7    Whenever,  by  regulation, rule or statute, a fiduciary or attorney of
     8  record in the county of Kings, Queens, Richmond, New York or Bronx  must
     9  file  a  list of assets constituting a decedent's estate, such list must
    10  include a particularized  description  of  every  firearm,  shotgun  and
    11  rifle,  as  such  terms  are defined in section 265.00 of the penal law,
    12  that are part of such estate. Such list must be filed  with  the  surro-
    13  gate's  court  in  the county in which the estate proceeding, if any, is
    14  pending and a copy must be filed with the division of  criminal  justice
    15  services.
    16    § 35. This act shall take effect immediately.
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