Bill Text: NY S00879 | 2017-2018 | General Assembly | Amended
Bill Title: Limits the application of the "safe act" to the counties of Kings, Queens, Richmond, New York and Bronx.
Spectrum: Partisan Bill (Republican 21-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S00879 Detail]
Download: New_York-2017-S00879-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 879--C 2017-2018 Regular Sessions IN SENATE January 5, 2017 ___________ Introduced by Sens. ORTT, AKSHAR, AMEDORE, BONACIC, FUNKE, GALLIVAN, GRIFFO, HELMING, LARKIN, MARCHIONE, RANZENHOFER, RITCHIE, SEWARD, TEDISCO, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04769-07-7S. 879--C 2 1 subparagraph (f) of paragraph one of subdivision a of section 265.20 and 2 subdivision six of section 400.05 of the penal law. 3 § 2. Section 380.96 of the criminal procedure law, as added by chapter 4 1 of the laws of 2013, is amended to read as follows: 5 § 380.96 Obligation of sentencing court in certain counties pursuant to 6 article four hundred of the penal law. 7 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx, 8 upon judgment of conviction of any offense which would require the 9 seizure of firearms, shotguns or rifles from an individual so convicted, 10 and the revocation of any license or registration issued pursuant to 11 article four hundred of the penal law, the judge pronouncing sentence 12 shall demand surrender of any such license or registration and all 13 firearms, shotguns and rifles. The failure to so demand surrender shall 14 not effect the validity of any revocation pursuant to article four 15 hundred of the penal law. 16 § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act, 17 as amended by chapter 1 of the laws of 2013, are amended to read as 18 follows: 19 1. [Suspension] Mandatory and permissive suspension of firearms 20 license and ineligibility for such a license upon the issuance of a 21 temporary order of protection. Whenever a temporary order of protection 22 is issued pursuant to section eight hundred twenty-eight of this arti- 23 cle, or in the counties of Kings, Queens, Richmond, New York and Bronx, 24 pursuant to article four, five, six, seven or ten of this act: 25 (a) the court shall suspend any such existing license possessed by the 26 respondent, order the respondent ineligible for such a license, and 27 order the immediate surrender [pursuant to subparagraph (f) of paragraph28one of subdivision a of section 265.20 and subdivision six of section29400.05 of the penal law,] of any or all firearms owned or possessed 30 where the court receives information that gives the court good cause to 31 believe that: (i) the respondent has a prior conviction of any violent 32 felony offense as defined in section 70.02 of the penal law; (ii) the 33 respondent has previously been found to have willfully failed to obey a 34 prior order of protection and such willful failure involved (A) the 35 infliction of physical injury, as defined in subdivision nine of section 36 10.00 of the penal law, (B) the use or threatened use of a deadly weapon 37 or dangerous instrument as those terms are defined in subdivisions 38 twelve and thirteen of section 10.00 of the penal law, or (C) behavior 39 constituting any violent felony offense as defined in section 70.02 of 40 the penal law; or (iii) the respondent has a prior conviction for stalk- 41 ing in the first degree as defined in section 120.60 of the penal law, 42 stalking in the second degree as defined in section 120.55 of the penal 43 law, stalking in the third degree as defined in section 120.50 of the 44 penal law or stalking in the fourth degree as defined in section 120.45 45 of such law; and 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 respondent may use or threaten to use a firearm unlawfully against the 49 person or persons for whose protection the temporary order of protection 50 is issued, suspend any such existing license possessed by the respond- 51 ent, order the respondent ineligible for such a license, and order the 52 immediate surrender [pursuant to subparagraph (f) of paragraph one of53subdivision a of section 265.20 and subdivision six of section 400.05 of54the penal law,] of any or all firearms owned or possessed. 55 2. [Revocation] Mandatory and permissive revocation or suspension of 56 firearms license and ineligibility for such a license upon the issuanceS. 879--C 3 1 of an order of protection. Whenever an order of protection is issued 2 pursuant to section eight hundred forty-one of this part, or in the 3 county of Kings, Queens, Richmond, New York or Bronx, pursuant to arti- 4 cle four, five, six, seven or ten of this act: 5 (a) the court shall revoke any such existing license possessed by the 6 respondent, order the respondent ineligible for such a license, and 7 order the immediate surrender [pursuant to subparagraph (f) of paragraph8one of subdivision a of section 265.20 and subdivision six of section9400.05 of the penal law,] of any or all firearms owned or possessed 10 where the court finds that the conduct which resulted in the issuance of 11 the order of protection involved (i) the infliction of serious physical 12 injury, as defined in subdivision [nine] ten of section 10.00 of the 13 penal law, (ii) the use or threatened use of a deadly weapon or danger- 14 ous instrument as those terms are defined in subdivisions twelve and 15 thirteen of section 10.00 of the penal law, or (iii) behavior constitut- 16 ing any violent felony offense as defined in section 70.02 of the penal 17 law; and 18 (b) the court may and, in the counties of Kings, Queens, Richmond, New 19 York and Bronx, shall, where the court finds a substantial risk that the 20 respondent may use or threaten to use a firearm unlawfully against the 21 person or persons for whose protection the order of protection is 22 issued, (i) revoke any such existing license possessed by the respond- 23 ent, order the respondent ineligible for such a license and order the 24 immediate surrender [pursuant to subparagraph (f) of paragraph one of25subdivision a of section 265.20 and subdivision six of section 400.05 of26the penal law,] of any or all firearms owned or possessed or (ii) 27 suspend or continue to suspend any such existing license possessed by 28 the respondent, order the respondent ineligible for such a license, and 29 order the immediate surrender [pursuant to subparagraph (f) of paragraph30one of subdivision a of section 265.20 and subdivision six of section31400.05 of the penal law,] of any or all firearms owned or possessed. 32 3. [Revocation] Mandatory and permissive revocation or suspension of 33 firearms license and ineligibility for such a license upon a finding of 34 a willful failure to obey an order of protection or, in the county of 35 Kings, Queens, Richmond, New York or Bronx, temporary order of 36 protection. Whenever a respondent has been found, pursuant to section 37 eight hundred forty-six-a of this part to have willfully failed to obey 38 an order of protection or temporary order of protection issued [pursuant39to this act or the domestic relations law, or] by this court or by a 40 court of competent jurisdiction in another state, territorial or tribal 41 jurisdiction, in addition to any other remedies available pursuant to 42 section eight hundred forty-six-a of this part: 43 (a) the court shall revoke any such existing license possessed by the 44 respondent, order the respondent ineligible for such a license, and 45 order the immediate surrender [pursuant to subparagraph (f) of paragraph46one of subdivision a of section 265.20 and subdivision six of section47400.05 of the penal law,] of any or all firearms owned or possessed 48 where the willful failure to obey such order involves (i) the infliction 49 of serious physical injury, as defined in subdivision [nine] ten of 50 section 10.00 of the penal law, (ii) the use or threatened use of a 51 deadly weapon or dangerous instrument as those terms are defined in 52 subdivisions twelve and thirteen of section 10.00 of the penal law, or 53 (iii) behavior constituting any violent felony offense as defined in 54 section 70.02 of the penal law; or (iv) behavior constituting stalking 55 in the first degree as defined in section 120.60 of the penal law, 56 stalking in the second degree as defined in section 120.55 of the penalS. 879--C 4 1 law, stalking in the third degree as defined in section 120.50 of the 2 penal law or stalking in the fourth degree as defined in section 120.45 3 of such law; and 4 (b) the court may and, in the counties of Kings, Queens, Richmond, New 5 York and Bronx, shall where the court finds a substantial risk that the 6 respondent may use or threaten to use a firearm unlawfully against the 7 person or persons for whose protection the order of protection was 8 issued, (i) revoke any such existing license possessed by the respond- 9 ent, order the respondent ineligible for such a license, whether or not 10 the respondent possesses such a license, and order the immediate surren- 11 der [pursuant to subparagraph (f) of paragraph one of subdivision a of12section 265.20 and subdivision six of section 400.05 of the penal law,] 13 of any or all firearms owned or possessed or (ii) suspend any such 14 existing license possessed by the respondent, order the respondent inel- 15 igible for such a license, and order the immediate surrender of any or 16 all firearms owned or possessed. 17 § 4. Section 846-a of the family court act, as amended by chapter 1 of 18 the laws of 2013, is amended to read as follows: 19 § 846-a. Powers on failure to obey order. If a respondent is brought 20 before the court for failure to obey any lawful order issued under this 21 article or an order of protection or, in the county of Kings, Queens, 22 Richmond, New York or Bronx, temporary order of protection issued 23 [pursuant to this act or issued] by a court of competent jurisdiction of 24 another state, territorial or tribal jurisdiction and if, after hearing, 25 the court is satisfied by competent proof that the respondent has will- 26 fully failed to obey any such order, the court may modify an existing 27 order or, in the county of Kings, Queens, Richmond, New York or Bronx, 28 temporary order of protection to add reasonable conditions of behavior 29 to the existing order, make a new order of protection in accordance with 30 section eight hundred forty-two of this part, may order the forfeiture 31 of bail in a manner consistent with article five hundred forty of the 32 criminal procedure law if bail has been ordered pursuant to this act, 33 may order the respondent to pay the petitioner's reasonable and neces- 34 sary counsel fees in connection with the violation petition where the 35 court finds that the violation of its order was willful, and may commit 36 the respondent to jail for a term not to exceed six months. Such commit- 37 ment may be served upon certain specified days or parts of days as the 38 court may direct, and the court may, at any time within the term of such 39 sentence, revoke such suspension and commit the respondent for the 40 remainder of the original sentence, or suspend the remainder of such 41 sentence. If the court determines that the willful failure to obey such 42 order involves violent behavior constituting the crimes of menacing, 43 reckless endangerment, assault or attempted assault and if such a 44 respondent is licensed to carry, possess, repair and dispose of firearms 45 pursuant to section 400.00 of the penal law, the court may also imme- 46 diately revoke such license and may arrange for the immediate surrender 47 [pursuant to subparagraph (f) of paragraph one of subdivision a of48section 265.20 and subdivision six of section 400.05 of the penal law,] 49 and disposal of any firearm such respondent owns or possesses. If the 50 willful failure to obey such order involves the infliction of serious 51 physical injury as defined in subdivision [nine] ten of section 10.00 of 52 the penal law or the use or threatened use of a deadly weapon or danger- 53 ous instrument, as those terms are defined in subdivisions twelve and 54 thirteen of section 10.00 of the penal law, such revocation and immedi- 55 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-56sion a of section 265.20 and subdivision six of section 400.05 of theS. 879--C 5 1penal law six] and disposal of any firearm owned or possessed by 2 respondent shall be mandatory, pursuant to subdivision eleven of section 3 400.00 of the penal law. 4 § 5. Section 446-a of the family court act, as added by chapter 1 of 5 the laws of 2013, is amended to read as follows: 6 § 446-a. Firearms; surrender and license suspension, revocation and 7 ineligibility; certain counties. [Upon] In the counties of Kings, 8 Queens, Richmond, New York and Bronx, upon the issuance of an order of 9 protection or temporary order of protection, or upon a violation of such 10 order, the court shall make a determination regarding the suspension and 11 revocation of a license to carry, possess, repair or dispose of a 12 firearm or firearms, ineligibility for such a license and the surrender 13 of firearms in accordance with section eight hundred forty-two-a of this 14 act. 15 § 6. Section 552 of the family court act, as added by chapter 1 of the 16 laws of 2013, is amended to read as follows: 17 § 552. Firearms; surrender and license suspension, revocation and 18 ineligibility; certain counties. [Upon] In the counties of Kings, 19 Queens, Richmond, New York and Bronx, upon the issuance of an order of 20 protection or temporary order of protection, or upon a violation of such 21 order, the court shall make a determination regarding the suspension and 22 revocation of a license to carry, possess, repair or dispose of a 23 firearm or firearms, ineligibility for such a license and the surrender 24 of firearms in accordance with section eight hundred forty-two-a of this 25 act. 26 § 7. Section 656-a of the family court act, as added by chapter 1 of 27 the laws of 2013, is amended to read as follows: 28 § 656-a. Firearms; surrender and license suspension, revocation and 29 ineligibility; certain counties. [Upon] In the counties of Kings, 30 Queens, Richmond, New York and Bronx, upon the issuance of an order of 31 protection or temporary order of protection, or upon a violation of such 32 order, the court shall make a determination regarding the suspension and 33 revocation of a license to carry, possess, repair or dispose of a 34 firearm or firearms, ineligibility for such a license and the surrender 35 of firearms in accordance with section eight hundred forty-two-a of this 36 act. 37 § 8. Section 780-a of the family court act, as added by chapter 1 of 38 the laws of 2013, is amended to read as follows: 39 § 780-a. Firearms; surrender and license suspension, revocation and 40 ineligibility; certain counties. [Upon] In the counties of Kings, 41 Queens, Richmond, New York and Bronx, upon the issuance of an order of 42 protection or temporary order of protection, or upon a violation of such 43 order, the court shall make a determination regarding the suspension and 44 revocation of a license to carry, possess, repair or dispose of a 45 firearm or firearms, ineligibility for such a license and the surrender 46 of firearms in accordance with section eight hundred forty-two-a of this 47 act. 48 § 9. Section 1056-a of the family court act, as added by chapter 1 of 49 the laws of 2013, is amended to read as follows: 50 § 1056-a. Firearms; surrender and license suspension, revocation and 51 ineligibility; certain counties. [Upon] In the counties of Kings, 52 Queens, Richmond, New York and Bronx, upon the issuance of an order of 53 protection or temporary order of protection, or upon a violation of such 54 order, the court shall make an order in accordance with section eight 55 hundred forty-two-a of this act.S. 879--C 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 1 of 40 the laws of 2013, 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 unlawfully against the 49 person or persons for whose protection the temporary order of protection 50 is issued, suspend any such existing license possessed by the defendant, 51 order the defendant ineligible for such a license and order the immedi- 52 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-53sion a of section 265.20 and subdivision six of section 400.05 of the54penal law,] of any or all firearms owned or possessed.S. 879--C 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 1 of 3 the laws of 2013, 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 unlawfully against the 12 person or persons for whose protection the order of protection is 13 issued, (i) revoke any such existing license possessed by the defendant, 14 order the defendant ineligible for such a license and order the immedi- 15 ate surrender of any or all firearms owned or possessed or (ii) suspend 16 or continue to suspend any such existing license possessed by the 17 defendant, order the defendant ineligible for such a license and order 18 the immediate surrender [pursuant to subparagraph (f) of paragraph one19of subdivision a of section 265.20 and subdivision six of section 400.0520of the penal law,] of any or all firearms owned or possessed. 21 § 14. The opening paragraph and paragraph (b) of subdivision 3 of 22 section 530.14 of the criminal procedure law, as amended by chapter 1 of 23 the laws of 2013, are amended to read as follows: 24 [Revocation] Mandatory and permissive revocation or suspension of 25 firearms license and ineligibility for such a license upon a finding of 26 a willful failure to obey an order of protection. Whenever a defendant 27 has been found pursuant to subdivision eleven of section 530.12 or 28 subdivision eight of section 530.13 of this article to have willfully 29 failed to obey an order of protection issued by a court of competent 30 jurisdiction in this state or another state, territorial or tribal 31 jurisdiction, in addition to any other remedies available pursuant to 32 subdivision eleven of section 530.12 or subdivision eight of section 33 530.13 of this article: 34 (b) the court may and, in the counties of Kings, Queens, Richmond, New 35 York and Bronx, shall where the court finds a substantial risk that the 36 defendant may use or threaten to use a firearm unlawfully against the 37 person or persons for whose protection the order of protection was 38 issued, (i) revoke any such existing license possessed by the defendant, 39 order the defendant ineligible for such a license and order the immedi- 40 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-41sion a of section 265.20 and subdivision six of section 400.05 of the42penal law,] of any or all firearms owned or possessed or (ii) suspend 43 any such existing license possessed by the defendant, order the defend- 44 ant ineligible for such a license and order the immediate surrender 45 [pursuant to subparagraph (f) of paragraph one of subdivision a of46section 265.20 and subdivision six of section 400.05 of the penal law,] 47 of any or all firearms owned or possessed. 48 § 15. The article heading of article 39-DDD of the general business 49 law, as added by chapter 1 of the laws of 2013, is amended to read as 50 follows: 51 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS 52 IN CERTAIN COUNTIES 53 § 16. Subdivision 1 of section 898 of the general business law, as 54 added by chapter 1 of the laws of 2013, is amended to read as follows: 55 1. In addition to any other requirements pursuant to state and federal 56 law, all sales, exchanges or disposals of firearms, rifles or shotguns,S. 879--C 8 1 in the counties of Kings, Queens, Richmond, New York and Bronx, shall be 2 conducted in accordance with this section unless such sale, exchange or 3 disposal is conducted by a licensed importer, licensed manufacturer or 4 licensed dealer, as those terms are defined in 18 USC § 922, when such 5 sale, exchange or disposal is conducted pursuant to that person's feder- 6 al firearms license or such sale, exchange or disposal is between 7 members of an immediate family. For purposes of this section, "immediate 8 family" shall mean spouses, domestic partners, children and step-chil- 9 dren. 10 § 17. Paragraph (q) of subdivision 2 of section 212 of the judiciary 11 law, as amended by chapter 1 of the laws of 2013, is amended to read as 12 follows: 13 (q) Adopt rules to require transmission, to the criminal justice 14 information services division of the federal bureau of investigation or 15 to the division of criminal justice services, of the name and other 16 identifying information of each person who has a guardian appointed for 17 him or her pursuant to any provision of state law, based on a determi- 18 nation that as a result of marked subnormal intelligence, mental 19 illness, incapacity, condition or disease, he or she lacks the mental 20 capacity to contract or manage his or her own affairs. Any such records, 21 relating to persons residing in the county of Kings, Queens, Richmond, 22 New York or Bronx, transmitted directly to the federal bureau of inves- 23 tigation must also be transmitted to the division of criminal justice 24 services[, and any records received by the division of criminal justice25services pursuant to this paragraph may be checked against the statewide26license and record database]. 27 § 18. Subdivision (j) of section 7.09 of the mental hygiene law, as 28 amended by chapter 1 of the laws of 2013, is amended to read as follows: 29 (j) (1) The commissioner, in cooperation with other applicable state 30 agencies, shall collect, retain or modify data or records, and shall 31 transmit such data or records: (i) to the division of criminal justice 32 services, or to the criminal justice information services division of 33 the federal bureau of investigation, for the purposes of responding to 34 queries to the national instant criminal background check system regard- 35 ing attempts to purchase or otherwise take possession of firearms, as 36 defined in 18 USC 921(a)(3), in accordance with applicable federal laws 37 or regulations, or (ii) for persons residing in the county of Kings, 38 Queens, Richmond, New York or Bronx, to the division of criminal justice 39 services, which may re-disclose such data and records only for determin- 40 ing whether a license issued pursuant to section 400.00 of the penal law 41 should be denied, suspended or revoked, under subdivision eleven of such 42 section, or for determining whether a person is no longer permitted 43 under federal or state law to possess a firearm. Such records, which may 44 not be used for any other purpose, shall include only names and other 45 non-clinical identifying information of persons who have been involun- 46 tarily committed to a hospital pursuant to article nine of this chapter, 47 [or section four hundred two or subdivision two of section five hundred48eight of the correction law,] or article seven hundred thirty or section 49 330.20 of the criminal procedure law or sections 322.2 or 353.4 of the 50 family court act, or to a secure treatment facility pursuant to article 51 ten of this chapter. 52 (2) The commissioner shall establish within the office of mental 53 health an administrative process to permit a person who has been or may 54 be disqualified from possessing such a firearm pursuant to 18 USC 55 922(4)(d) or who has been or may be disqualified from continuing to have 56 a license to carry, possess, repair, or dispose of a firearm underS. 879--C 9 1 section 400.00 of the penal law because such person, who resides in the 2 county of Kings, Queens, Richmond, New York or Bronx, was involuntarily 3 committed or civilly confined to a facility under the jurisdiction of 4 the commissioner, to petition for relief from that disability where such 5 person's record and reputation are such that such person will not be 6 likely to act in a manner dangerous to public safety and where the 7 granting of the relief would not be contrary to public safety. The 8 commissioner shall promulgate regulations to establish the relief from 9 disabilities program, which shall include, but not be limited to, 10 provisions providing for: (i) an opportunity for a disqualified person 11 to petition for relief in writing; (ii) the authority for the agency to 12 require that the petitioner undergo a clinical evaluation and risk 13 assessment; and (iii) a requirement that the agency issue a decision in 14 writing explaining the reasons for a denial or grant of relief. The 15 denial of a petition for relief from disabilities may be reviewed de 16 novo pursuant to the proceedings under article seventy-eight of the 17 civil practice law and rules. 18 § 19. Subdivision (b) of section 9.46 of the mental hygiene law, as 19 added by chapter 1 of the laws of 2013, is amended to read as follows: 20 (b) Notwithstanding any other law to the contrary, when a mental 21 health professional currently providing treatment services to a person, 22 who resides in the county of Kings, Queens, Richmond, New York or Bronx, 23 determines, in the exercise of reasonable professional judgment, that 24 such person is likely to engage in conduct that would result in serious 25 harm to self or others, he or she shall be required to report, as soon 26 as practicable, to the director of community services, or the director's 27 designee, who shall report to the division of criminal justice services 28 whenever he or she agrees that the person is likely to engage in such 29 conduct. Information transmitted to the division of criminal justice 30 services shall be limited to names and other non-clinical identifying 31 information, which may only be used for determining whether a license 32 issued pursuant to section 400.00 of the penal law should be suspended 33 or revoked, or for determining whether a person is ineligible for a 34 license issued pursuant to section 400.00 of the penal law, or is no 35 longer permitted under state or federal law to possess a firearm. 36 § 20. Subdivision 22 of section 265.00 of the penal law, as amended by 37 chapter 1 of the laws of 2013, is amended to read as follows: 38 22. "Assault weapon" means 39 (a) (i) except as otherwise provided in paragraph (b) of this subdivi- 40 sion, a semiautomatic rifle that has an ability to accept a detachable 41 magazine and has at least two of the following characteristics: 42 (A) a folding or telescoping stock; 43 (B) a pistol grip that protrudes conspicuously beneath the action of 44 the weapon; 45 (C) a bayonet mount; 46 (D) a flash suppressor or threaded barrel designed to accommodate a 47 flash suppressor; 48 (E) a grenade launcher; or 49 (ii) a semiautomatic shotgun that has at least two of the following 50 characteristics: 51 (A) a folding or telescoping stock; 52 (B) a pistol grip that protrudes conspicuously beneath the action of 53 the weapon; 54 (C) a fixed magazine capacity in excess of five rounds; 55 (D) an ability to accept a detachable magazine; orS. 879--C 10 1 (iii) a semiautomatic pistol that has an ability to accept a detacha- 2 ble magazine and has at least two of the following characteristics: 3 (A) an ammunition magazine that attaches to the pistol outside of the 4 pistol grip; 5 (B) a threaded barrel capable of accepting a barrel extender, flash 6 suppressor, forward handgrip, or silencer; 7 (C) a shroud that is attached to, or partially or completely encir- 8 cles, the barrel and that permits the shooter to hold the firearm with 9 the nontrigger hand without being burned; 10 (D) a manufactured weight of fifty ounces or more when the pistol is 11 unloaded; 12 (E) a semiautomatic version of an automatic rifle, shotgun or firearm; 13 or 14 (iv) any of the weapons, or functioning frames or receivers of such 15 weapons, or copies or duplicates of such weapons, in any caliber, known 16 as: 17 (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all 18 models); 19 (B) Action Arms Israeli Military Industries UZI and Galil; 20 (C) Beretta Ar70 (SC-70); 21 (D) Colt AR-15; 22 (E) Fabrique National FN/FAL, FN/LAR, and FNC; 23 (F) SWD M-10, M-11, M-11/9, and M-12; 24 (G) Steyr AUG; 25 (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and 26 (I) revolving cylinder shotguns, such as (or similar to) the Street 27 Sweeper and Striker 12; 28 (v) provided, however, that such term does not include: (A) any rifle, 29 shotgun or pistol that (I) is manually operated by bolt, pump, lever or 30 slide action; (II) has been rendered permanently inoperable; or (III) is 31 an antique firearm as defined in 18 U.S.C. 921(a)(16); 32 (B) a semiautomatic rifle that cannot accept a detachable magazine 33 that holds more than five rounds of ammunition; 34 (C) a semiautomatic shotgun that cannot hold more than five rounds of 35 ammunition in a fixed or detachable magazine; 36 (D) a rifle, shotgun or pistol, or a replica or a duplicate thereof, 37 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was 38 manufactured on October first, nineteen hundred ninety-three. The mere 39 fact that a weapon is not listed in Appendix A shall not be construed to 40 mean that such weapon is an assault weapon; or 41 (E) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic 42 pistol or any of the weapons defined in paragraph (d) of this subdivi- 43 sion lawfully possessed prior to September fourteenth, nineteen hundred 44 ninety-four; and 45 (b) (i) in the counties of Kings, Queens, Richmond, New York and 46 Bronx, a semiautomatic rifle that has an ability to accept a detachable 47 magazine and has at least one of the following characteristics: 48 [(i)] (A) a folding or telescoping stock; 49 [(ii)] (B) a pistol grip that protrudes conspicuously beneath the 50 action of the weapon; 51 [(iii)] (C) a thumbhole stock; 52 [(iv)] (D) a second handgrip or a protruding grip that can be held by 53 the non-trigger hand; 54 [(v)] (E) a bayonet mount;S. 879--C 11 1 [(vi)] (F) a flash suppressor, muzzle break, muzzle compensator, or 2 threaded barrel designed to accommodate a flash suppressor, muzzle 3 break, or muzzle compensator; 4 [(vii)] (G) a grenade launcher; or 5 [(b)] (ii) a semiautomatic shotgun that has at least one of the 6 following characteristics: 7 [(i)] (A) a folding or telescoping stock; 8 [(ii)] (B) a thumbhole stock; 9 [(iii)] (C) a second handgrip or a protruding grip that can be held by 10 the non-trigger hand; 11 [(iv)] (D) a fixed magazine capacity in excess of seven rounds; 12 [(v)] (E) an ability to accept a detachable magazine; or 13 [(c)] (iii) a semiautomatic pistol that has an ability to accept a 14 detachable magazine and has at least one of the following character- 15 istics: 16 [(i)] (A) a folding or telescoping stock; 17 [(ii)] (B) a thumbhole stock; 18 [(iii)] (C) a second handgrip or a protruding grip that can be held by 19 the non-trigger hand; 20 [(iv)] (D) capacity to accept an ammunition magazine that attaches to 21 the pistol outside of the pistol grip; 22 [(v)] (E) a threaded barrel capable of accepting a barrel extender, 23 flash suppressor, forward handgrip, or silencer; 24 [(vi)] (F) a shroud that is attached to, or partially or completely 25 encircles, the barrel and that permits the shooter to hold the firearm 26 with the non-trigger hand without being burned; 27 [(vii)] (G) a manufactured weight of fifty ounces or more when the 28 pistol is unloaded; or 29 [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or 30 firearm; 31 [(d)] (iv) a revolving cylinder shotgun; 32 [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau- 33 tomatic pistol or weapon defined in former subparagraph (v) of paragraph 34 (e) of subdivision twenty-two of section 265.00 of this chapter as added 35 by chapter one hundred eighty-nine of the laws of two thousand and 36 otherwise lawfully possessed pursuant to such chapter of the laws of two 37 thousand prior to September fourteenth, nineteen hundred ninety-four; 38 [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau- 39 tomatic pistol or weapon defined in this paragraph or paragraph (a)[,40(b) or (c)] of this subdivision, possessed prior to the date of enact- 41 ment of [the] chapter one of the laws of two thousand thirteen which 42 added this paragraph; 43 [(g)] (vii) provided, however, that such term does not include: 44 [(i)] (A) any rifle, shotgun or pistol that [(A)] (I) is manually 45 operated by bolt, pump, lever or slide action; [(B)] (II) has been 46 rendered permanently inoperable; or [(C)] (III) is an antique firearm as 47 defined in 18 U.S.C. 921(a)(16); 48 [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga- 49 zine that holds more than five rounds of ammunition; 50 [(iii)] (C) a semiautomatic shotgun that cannot hold more than five 51 rounds of ammunition in a fixed or detachable magazine; or 52 [(iv)] (D) a rifle, shotgun or pistol, or a replica or a duplicate 53 thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was 54 manufactured on October first, nineteen hundred ninety-three. The mere 55 fact that a weapon is not listed in Appendix A shall not be construed to 56 mean that such weapon is an assault weapon;S. 879--C 12 1 [(v)] (E) any weapon validly registered pursuant to subdivision 2 sixteen-a of section 400.00 of this chapter. Such weapons shall be 3 subject to the provisions of [paragraph (h)] subparagraph (viii) of this 4 [subdivision] paragraph; 5 [(vi)] (F) any firearm, rifle, or shotgun that was manufactured at 6 least fifty years prior to the current date, but not including replicas 7 thereof that is validly registered pursuant to subdivision sixteen-a of 8 section 400.00 of this chapter; 9 [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph 10 (v) or (vi) of this [subdivision] paragraph and any large capacity ammu- 11 nition feeding device that was legally possessed by an individual prior 12 to the enactment of [the] chapter one of the laws of two thousand thir- 13 teen which added this paragraph, may only be sold to, exchanged with or 14 disposed of to a purchaser authorized to possess such weapons or to an 15 individual or entity outside of the state provided that any such trans- 16 fer to an individual or entity outside of the state must be reported to 17 the entity wherein the weapon is registered within seventy-two hours of 18 such transfer. An individual who transfers any such weapon or large 19 capacity ammunition device to an individual inside New York state or 20 without complying with the provisions of this paragraph shall be guilty 21 of a class A misdemeanor unless such large capacity ammunition feeding 22 device, the possession of which is made illegal by [the] chapter one of 23 the laws of two thousand thirteen which added this [paragraph] subpara- 24 graph, is transferred within one year of the effective date of [the] 25 chapter one of the laws of two thousand thirteen which added this [para-26graph] subparagraph. 27 § 21. Subdivision 23 of section 265.00 of the penal law, as amended by 28 chapter 1 of the laws of 2013, is amended to read as follows: 29 23. "Large capacity ammunition feeding device" means a magazine, belt, 30 drum, feed strip, or similar device, manufactured after September thir- 31 tieth, nineteen hundred ninety-four, that [(a)] has a capacity of, or 32 that can be readily restored or converted to accept, more than ten 33 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-34tion, or (c) is obtained after the effective date of the chapter of the35laws of two thousand thirteen which amended this subdivision and has a36capacity of, or that can be readily restored or converted to accept,37more than seven rounds of ammunition]; provided, however, that such term 38 does not include an attached tubular device designed to accept, and 39 capable of operating only with, .22 caliber rimfire ammunition [or a40feeding device that is a curio or relic. A feeding device that is a41curio or relic is defined as a device that (i) was manufactured at least42fifty years prior to the current date, (ii) is only capable of being43used exclusively in a firearm, rifle, or shotgun that was manufactured44at least fifty years prior to the current date, but not including repli-45cas thereof, (iii) is possessed by an individual who is not prohibited46by state or federal law from possessing a firearm and (iv) is registered47with the division of state police pursuant to subdivision sixteen-a of48section 400.00 of this chapter, except such feeding devices transferred49into the state may be registered at any time, provided they are regis-50tered within thirty days of their transfer into the state. Notwithstand-51ing paragraph (h) of subdivision twenty-two of this section, such feed-52ing devices may be transferred provided that such transfer shall be53subject to the provisions of section 400.03 of this chapter including54the check required to be conducted pursuant to such section]. 55 § 22. Subdivision 24 of section 265.00 of the penal law, as added by 56 chapter 1 of the laws of 2013, is amended to read as follows:S. 879--C 13 1 24. "Seller of ammunition" means any person, firm, partnership, corpo- 2 ration or company who engages in the business of purchasing, selling or 3 keeping ammunition in the county of Kings, Queens, Richmond, New York or 4 Bronx. 5 § 23. The opening paragraph of section 265.01-b of the penal law, as 6 added by chapter 1 of the laws of 2013, is amended to read as follows: 7 A person is guilty of criminal possession of a firearm when he or she, 8 being a resident of the county of Kings, Queens, Richmond, New York or 9 Bronx: (1) possesses any firearm or; (2) lawfully possesses a firearm 10 prior to the effective date of [the] chapter one of the laws of two 11 thousand thirteen which added this section subject to the registration 12 requirements of subdivision sixteen-a of section 400.00 of this chapter 13 and knowingly fails to register such firearm pursuant to such subdivi- 14 sion. 15 § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20 of the 16 penal law, paragraph 3 as amended and paragraph 7-f as added by chapter 17 1 of the laws of 2013, are amended to read as follows: 18 3. Possession of a pistol or revolver by a person to whom a license 19 therefor has been issued as provided under section 400.00 or 400.01 of 20 this chapter or possession, in the county of Kings, Queens, Richmond, 21 New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of 22 paragraph [(e) or (f)] (b) of subdivision twenty-two of section 265.00 23 of this article which is registered pursuant to paragraph (a) of subdi- 24 vision sixteen-a of section 400.00 of this chapter or is included on an 25 amended license issued pursuant to section 400.00 of this chapter. In 26 the event such license is revoked, other than because such licensee is 27 no longer permitted to possess a firearm, rifle or shotgun under federal 28 or state law, information sufficient to satisfy the requirements of 29 subdivision sixteen-a of section 400.00 of this chapter, shall be trans- 30 mitted by the licensing officer to the division of state police, in a 31 form as determined by the superintendent of state police. Such trans- 32 mission shall constitute a valid registration under such section. 33 Further provided, notwithstanding any other section of this title, a 34 failure to register such weapon by an individual, in the county of 35 Kings, Queens, Richmond, New York or Bronx, who possesses such weapon 36 before the enactment of [the] chapter one of the laws of two thousand 37 thirteen which amended this paragraph and may so lawfully possess it 38 thereafter upon registration, shall only be subject to punishment pursu- 39 ant to paragraph (c) of subdivision sixteen-a of section 400.00 of this 40 chapter; provided, that such a license or registration shall not 41 preclude a conviction for the offense defined in subdivision three of 42 section 265.01 of this article or section 265.01-a of this article. 43 7-f. Possession and use of a magazine, belt, feed strip or similar 44 device, in the county of Kings, Queens, Richmond, New York or Bronx, 45 that contains more than seven rounds of ammunition, but that does not 46 have a capacity of or can readily be restored or converted to accept 47 more than ten rounds of ammunition, at an indoor or outdoor firing range 48 located in or on premises owned or occupied by a duly incorporated 49 organization organized for conservation purposes or to foster proficien- 50 cy in arms; at an indoor or outdoor firing range for the purpose of 51 firing a rifle or shotgun; at a collegiate, olympic or target shooting 52 competition under the auspices of or approved by the national rifle 53 association; or at an organized match sanctioned by the International 54 Handgun Metallic Silhouette Association. 55 § 25. The opening paragraph of section 265.36 of the penal law, as 56 added by chapter 1 of the laws of 2013, is amended to read as follows:S. 879--C 14 1 It shall be unlawful for a person, in the county of Kings, Queens, 2 Richmond, New York or Bronx, to knowingly possess a large capacity ammu- 3 nition feeding device manufactured before September thirteenth, nineteen 4 hundred ninety-four, and if such person lawfully possessed such large 5 capacity feeding device before the effective date of [the] chapter one 6 of the laws of two thousand thirteen which added this section, that has 7 a capacity of, or that can be readily restored or converted to accept, 8 more than ten rounds of ammunition. 9 § 26. The opening paragraph of section 265.37 of the penal law, as 10 amended by section 2 of part FF of chapter 57 of the laws of 2013, is 11 amended to read as follows: 12 It shall be unlawful for a person to knowingly possess, in the county 13 of Kings, Queens, Richmond, New York or Bronx, an ammunition feeding 14 device where such device contains more than seven rounds of ammunition. 15 § 27. The opening paragraph of section 265.45 of the penal law, as 16 amended by section 3 of part FF of chapter 57 of the laws of 2013, is 17 amended to read as follows: 18 No person, residing in the county of Kings, Queens, Richmond, New York 19 or Bronx, who owns or is custodian of a rifle, shotgun or firearm who 20 resides with an individual who such person knows or has reason to know 21 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) 22 (1), (4), (8) or (9) shall store or otherwise leave such rifle, shotgun 23 or firearm out of his or her immediate possession or control without 24 having first securely locked such rifle, shotgun or firearm in an appro- 25 priate safe storage depository or rendered it incapable of being fired 26 by use of a gun locking device appropriate to that weapon. For purposes 27 of this section "safe storage depository" shall mean a safe or other 28 secure container which, when locked, is incapable of being opened with- 29 out the key, combination or other unlocking mechanism and is capable of 30 preventing an unauthorized person from obtaining access to and 31 possession of the weapon contained therein. With respect to a person who 32 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9), 33 for purposes of this section, this section applies only if such person 34 has been convicted of a crime included in subdivision one of section 35 370.15 of the criminal procedure law and such gun is possessed within 36 five years from the later of the date of conviction or completion of 37 sentence. Nothing in this section shall be deemed to affect, impair or 38 supersede any special or local act relating to the safe storage of 39 rifles, shotguns or firearms which impose additional requirements on the 40 owner or custodian of such weapons. 41 § 28. Subdivision 1 of section 400.00 of the penal law, as amended by 42 chapter 1 of the laws of 2013, is amended to read as follows: 43 1. Eligibility. No license shall be issued or renewed pursuant to this 44 section except by the licensing officer, and then only after investi- 45 gation and finding that all statements in a proper application for a 46 license are true. No license shall be issued or renewed except for an 47 applicant (a) twenty-one years of age or older, provided, however, that 48 where such applicant has been honorably discharged from the United 49 States army, navy, marine corps, air force or coast guard, or the 50 national guard of the state of New York, no such age restriction shall 51 apply; (b) of good moral character; (c) who has not been convicted 52 anywhere of a felony or a serious offense; (d) who is not a fugitive 53 from justice; (e) who is not an unlawful user of or addicted to any 54 controlled substance as defined in section 21 U.S.C. 802; (f) who being 55 an alien (i) is not illegally or unlawfully in the United States or (ii) 56 has not been admitted to the United States under a nonimmigrant visaS. 879--C 15 1 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been 2 discharged from the Armed Forces under dishonorable conditions; (h) who, 3 having been a citizen of the United States, has not renounced his or her 4 citizenship; (i) who has stated whether he or she has ever suffered any 5 mental illness; (j) who, being a resident of the county of Kings, 6 Queens, Richmond, New York or Bronx, has not been involuntarily commit- 7 ted to a facility under the jurisdiction of an office of the department 8 of mental hygiene pursuant to article nine or fifteen of the mental 9 hygiene law, article seven hundred thirty or section 330.20 of the crim- 10 inal procedure law, section four hundred two or five hundred eight of 11 the correction law, section 322.2 or 353.4 of the family court act, or 12 has not been civilly confined in a secure treatment facility pursuant to 13 article ten of the mental hygiene law; (k) who has not had a license 14 revoked or who is not under a suspension or ineligibility order issued 15 pursuant to the provisions of section 530.14 of the criminal procedure 16 law or section eight hundred forty-two-a of the family court act; (l) in 17 the county of Westchester, who has successfully completed a firearms 18 safety course and test as evidenced by a certificate of completion 19 issued in his or her name and endorsed and affirmed under the penalties 20 of perjury by a duly authorized instructor, except that: (i) persons who 21 are honorably discharged from the United States army, navy, marine corps 22 or coast guard, or of the national guard of the state of New York, and 23 produce evidence of official qualification in firearms during the term 24 of service are not required to have completed those hours of a firearms 25 safety course pertaining to the safe use, carrying, possession, mainte- 26 nance and storage of a firearm; and (ii) persons who were licensed to 27 possess a pistol or revolver prior to the effective date of this para- 28 graph are not required to have completed a firearms safety course and 29 test; (m) who, being a resident of the county of Kings, Queens, Rich- 30 mond, New York or Bronx, has not had a guardian appointed for him or her 31 pursuant to any provision of state law, based on a determination that as 32 a result of marked subnormal intelligence, mental illness, incapacity, 33 condition or disease, he or she lacks the mental capacity to contract or 34 manage his or her own affairs; and (n) concerning whom no good cause 35 exists for the denial of the license. No person shall engage in the 36 business of gunsmith or dealer in firearms unless licensed pursuant to 37 this section. An applicant to engage in such business shall also be a 38 citizen of the United States, more than twenty-one years of age and 39 maintain a place of business in the city or county where the license is 40 issued. For such business, if the applicant is a firm or partnership, 41 each member thereof shall comply with all of the requirements set forth 42 in this subdivision and if the applicant is a corporation, each officer 43 thereof shall so comply. 44 § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal 45 law, as amended by chapter 1 of the laws of 2013, are amended to read as 46 follows: 47 4. Investigation. Before a license is issued or renewed, there shall 48 be an investigation of all statements required in the application by the 49 duly constituted police authorities of the locality where such applica- 50 tion is made[, including but not limited to such records as may be51accessible to the division of state police or division of criminal52justice services pursuant to section 400.02 of this article]. For that 53 purpose, the records of the appropriate office of the department of 54 mental hygiene concerning previous or present mental illness of the 55 applicant shall be available for inspection by the investigating officer 56 of the police authority. In order to ascertain any previous criminalS. 879--C 16 1 record, the investigating officer shall take the fingerprints and phys- 2 ical descriptive data in quadruplicate of each individual by whom the 3 application is signed and verified. Two copies of such fingerprints 4 shall be taken on standard fingerprint cards eight inches square, and 5 one copy may be taken on a card supplied for that purpose by the federal 6 bureau of investigation; provided, however, that in the case of a corpo- 7 rate applicant that has already been issued a dealer in firearms license 8 and seeks to operate a firearm dealership at a second or subsequent 9 location, the original fingerprints on file may be used to ascertain any 10 criminal record in the second or subsequent application unless any of 11 the corporate officers have changed since the prior application, in 12 which case the new corporate officer shall comply with procedures 13 governing an initial application for such license. When completed, one 14 standard card shall be forwarded to and retained by the division of 15 criminal justice services in the executive department, at Albany. A 16 search of the files of such division and written notification of the 17 results of the search to the investigating officer shall be made without 18 unnecessary delay. Thereafter, such division shall notify the licensing 19 officer and the executive department, division of state police, Albany, 20 of any criminal record of the applicant filed therein subsequent to the 21 search of its files. A second standard card, or the one supplied by the 22 federal bureau of investigation, as the case may be, shall be forwarded 23 to that bureau at Washington with a request that the files of the bureau 24 be searched and notification of the results of the search be made to the 25 investigating police authority. Of the remaining two fingerprint cards, 26 one shall be filed with the executive department, division of state 27 police, Albany, within ten days after issuance of the license, and the 28 other remain on file with the investigating police authority. No such 29 fingerprints may be inspected by any person other than a peace officer, 30 who is acting pursuant to his special duties, or a police officer, 31 except on order of a judge or justice of a court of record either upon 32 notice to the licensee or without notice, as the judge or justice may 33 deem appropriate. Upon completion of the investigation, the police 34 authority shall report the results to the licensing officer without 35 unnecessary delay. 36 5. Filing of approved applications. (a) The application for any 37 license, if granted, shall be filed by the licensing officer with the 38 clerk of the county of issuance, except that in the city of New York 39 and, in the counties of Nassau and Suffolk, the licensing officer shall 40 designate the place of filing in the appropriate division, bureau or 41 unit of the police department thereof, and in the county of Suffolk the 42 county clerk is hereby authorized to transfer all records or applica- 43 tions relating to firearms to the licensing authority of that county. 44 Except as provided in paragraphs (b) through (f) of this subdivision, 45 the name and address of any person to whom an application for any 46 license has been granted shall be a public record. Upon application by a 47 licensee who has changed his place of residence such records or applica- 48 tions shall be transferred to the appropriate officer at the licensee's 49 new place of residence. A duplicate copy of such application shall be 50 filed by the licensing officer in the executive department, division of 51 state police, Albany, within ten days after issuance of the license. The 52 superintendent of state police may designate that such application shall 53 be transmitted to the division of state police electronically. In the 54 event the superintendent of the division of state police determines that 55 it lacks any of the records required to be filed with the division, it 56 may request that such records be provided to it by the appropriateS. 879--C 17 1 clerk, department or authority and such clerk, department or authority 2 shall provide the division with such records. In the event such clerk, 3 department or authority lacks such records, the division may request the 4 license holder provide information sufficient to constitute such record 5 and such license holder shall provide the division with such informa- 6 tion. Such information shall be limited to the license holder's name, 7 date of birth, gender, race, residential address, social security number 8 and firearms possessed by said license holder. Nothing in this subdivi- 9 sion shall be construed to change the expiration date or term of such 10 licenses if otherwise provided for in law. [Records assembled or11collected for purposes of inclusion in the database established by this12section shall be released pursuant to a court order. Records assembled13or collected for purposes of inclusion in the database created pursuant14to section 400.02 of this chapter shall not be subject to disclosure15pursuant to article six of the public officers law.] 16 (b) Each application for a license pursuant to paragraph (a) of this 17 subdivision shall include, on a separate written form prepared by the 18 division of state police within thirty days of the effective date of 19 [the] chapter one of the laws of two thousand thirteen, which amended 20 this section, and provided to the applicant at the same time and in the 21 same manner as the application for a license, an opportunity for the 22 applicant to request an exception from his or her application informa- 23 tion becoming public record pursuant to paragraph (a) of this subdivi- 24 sion. Such forms, which shall also be made available to individuals who 25 had applied for or been granted a license prior to the effective date of 26 [the] chapter one of the laws of two thousand thirteen which amended 27 this section, shall notify applicants that, upon discovery that an 28 applicant knowingly provided false information, such applicant may be 29 subject to penalties pursuant to section 175.30 of this chapter, and 30 further, that his or her request for an exception shall be null and 31 void, provided that written notice containing such determination is 32 provided to the applicant. Further, such forms shall provide each appli- 33 cant an opportunity to specify the grounds on which he or she believes 34 his or her application information should not be publicly disclosed. 35 These grounds, which shall be identified on the application with a box 36 beside each for checking, as applicable, by the applicant, shall be as 37 follows: 38 (i) the applicant's life or safety may be endangered by disclosure 39 because: 40 (A) the applicant is an active or retired police officer, peace offi- 41 cer, probation officer, parole officer, or corrections officer; 42 (B) the applicant is a protected person under a currently valid order 43 of protection; 44 (C) the applicant is or was a witness in a criminal proceeding involv- 45 ing a criminal charge; 46 (D) the applicant is participating or previously participated as a 47 juror in a criminal proceeding, or is or was a member of a grand jury; 48 or 49 (E) the applicant is a spouse, domestic partner or household member of 50 a person identified in this subparagraph or subparagraph (ii) of this 51 paragraph, specifying which subparagraph or subparagraphs and clauses 52 apply. 53 (ii) the applicant has reason to believe his or her life or safety may 54 be endangered by disclosure due to reasons stated by the applicant. 55 (iii) the applicant has reason to believe he or she may be subject to 56 unwarranted harassment upon disclosure of such information.S. 879--C 18 1 (c) [Each form provided for recertification pursuant to paragraph (b)2of subdivision ten of this section shall include an opportunity for the3applicant to request an exception from the information provided on such4form becoming public record pursuant to paragraph (a) of this subdivi-5sion. Such forms shall notify applicants that, upon discovery that an6applicant knowingly provided false information, such applicant may be7subject to penalties pursuant to section 175.30 of this chapter, and8further, that his or her request for an exception shall be null and9void, provided that written notice containing such determination is10provided to the applicant. Further, such forms shall provide each appli-11cant an opportunity to either decline to request the grant or continua-12tion of an exception, or specify the grounds on which he or she believes13his or her information should not be publicly disclosed. These grounds,14which shall be identified in the application with a box beside each for15checking, as applicable, by the applicant, shall be the same as provided16in paragraph (b) of this subdivision.17(d)] Information submitted on the forms described in paragraph (b) of 18 this subdivision shall be excepted from disclosure and maintained by the 19 entity retaining such information separate and apart from all other 20 records. 21 [(e)] (d) (i) Upon receiving a request for exception from disclosure, 22 the licensing officer shall grant such exception, unless the request is 23 determined to be null and void, pursuant to paragraph (b)[or (c)] of 24 this subdivision. 25 (ii) A request for an exception from disclosure may be submitted at 26 any time, including after a license or recertification has been granted. 27 (iii) If an exception is sought and granted pursuant to paragraph (b) 28 of this subdivision, the application information shall not be public 29 record, unless the request is determined to be null and void.[If an30exception is sought and granted pursuant to paragraph (c) of this subdi-31vision, the information concerning such recertification application32shall not be public record, unless the request is determined to be null33and void.] 34 [(f)] (e) The information of licensees or applicants for a license 35 shall not be disclosed to the public during the first one hundred twenty 36 days following the effective date of [the] chapter one of the laws of 37 two thousand thirteen, which amended this section. After such period, 38 the information of those who had applied for or been granted a license 39 prior to the preparation of the form for requesting an exception, pursu- 40 ant to paragraph (b) of this subdivision, may be released only if such 41 individuals did not file a request for such an exception during the 42 first sixty days following such preparation; provided, however, that no 43 information contained in an application for licensure or recertification 44 shall be disclosed by an entity that has not completed processing any 45 such requests received during such sixty days. 46 [(g)] (f) If a request for an exception is determined to be null and 47 void pursuant to paragraph (b) [or (c)] of this subdivision, an appli- 48 cant may request review of such determination pursuant to article seven- 49 ty-eight of the civil practice [laws] law and rules. Such proceeding 50 must commence within thirty days after service of the written notice 51 containing the adverse determination. Notice of the right to commence 52 such a petition, and the time period therefor, shall be included in the 53 notice of the determination. Disclosure following such a petition shall 54 not be made prior to the disposition of such review. 55 10. License: expiration, certification and renewal. [(a)] Any license 56 for gunsmith or dealer in firearms and, in the city of New York, anyS. 879--C 19 1 license to carry or possess a pistol or revolver, issued at any time 2 pursuant to this section or prior to the first day of July, nineteen 3 hundred sixty-three and not limited to expire on an earlier date fixed 4 in the license, shall expire not more than three years after the date of 5 issuance. In the counties of Nassau, Suffolk and Westchester, any 6 license to carry or possess a pistol or revolver, issued at any time 7 pursuant to this section or prior to the first day of July, nineteen 8 hundred sixty-three and not limited to expire on an earlier date fixed 9 in the license, shall expire not more than five years after the date of 10 issuance; however, in the county of Westchester, any such license shall 11 be certified prior to the first day of April, two thousand, in accord- 12 ance with a schedule to be contained in regulations promulgated by the 13 commissioner of the division of criminal justice services, and every 14 such license shall be recertified every five years thereafter. For 15 purposes of this section certification shall mean that the licensee 16 shall provide to the licensing officer the following information only: 17 current name, date of birth, current address, and the make, model, cali- 18 ber and serial number of all firearms currently possessed. Such certif- 19 ication information shall be filed by the licensing officer in the same 20 manner as an amendment. Elsewhere than in the city of New York and the 21 counties of Nassau, Suffolk and Westchester, any license to carry or 22 possess a pistol or revolver, issued at any time pursuant to this 23 section or prior to the first day of July, nineteen hundred sixty-three 24 and not previously revoked or cancelled, shall be in force and effect 25 until revoked as herein provided. Any license not previously cancelled 26 or revoked shall remain in full force and effect for thirty days beyond 27 the stated expiration date on such license. Any application to renew a 28 license that has not previously expired, been revoked or cancelled shall 29 thereby extend the term of the license until disposition of the applica- 30 tion by the licensing officer. In the case of a license for gunsmith or 31 dealer in firearms, in counties having a population of less than two 32 hundred thousand inhabitants, photographs and fingerprints shall be 33 submitted on original applications and upon renewal thereafter only at 34 six year intervals. Upon satisfactory proof that a currently valid 35 original license has been despoiled, lost or otherwise removed from the 36 possession of the licensee and upon application containing an additional 37 photograph of the licensee, the licensing officer shall issue a dupli- 38 cate license. 39 [(b) All licensees shall be recertified to the division of state40police every five years thereafter. Any license issued before the effec-41tive date of the chapter of the laws of two thousand thirteen which42added this paragraph shall be recertified by the licensee on or before43January thirty-first, two thousand eighteen, and not less than one year44prior to such date, the state police shall send a notice to all license45holders who have not recertified by such time. Such recertification46shall be in a form as approved by the superintendent of state police,47which shall request the license holder's name, date of birth, gender,48race, residential address, social security number, firearms possessed by49such license holder, email address at the option of the license holder50and an affirmation that such license holder is not prohibited from51possessing firearms. The form may be in an electronic form if so desig-52nated by the superintendent of state police. Failure to recertify shall53act as a revocation of such license. If the New York state police54discover as a result of the recertification process that a licensee55failed to provide a change of address, the New York state police shall56not require the licensing officer to revoke such license.]S. 879--C 20 1 11. License: revocation and suspension. (a) The conviction of a licen- 2 see anywhere of a felony or serious offense [or a licensee at any time3becoming ineligible to obtain a license under this section] shall oper- 4 ate as a revocation of the license. A license may be revoked or 5 suspended as provided for in section 530.14 of the criminal procedure 6 law or section eight hundred forty-two-a of the family court act. Except 7 for a license issued pursuant to section 400.01 of this article, a 8 license may be revoked and cancelled at any time in the city of New 9 York, and in the counties of Nassau and Suffolk, by the licensing offi- 10 cer, and elsewhere than in the city of New York by any judge or justice 11 of a court of record; a license issued pursuant to section 400.01 of 12 this article may be revoked and cancelled at any time by the licensing 13 officer or any judge or justice of a court of record. The official 14 revoking a license shall give written notice thereof without unnecessary 15 delay to the executive department, division of state police, Albany, and 16 shall also notify immediately the duly constituted police authorities of 17 the locality. 18 (b) Whenever the director of community services in the counties of 19 Kings, Queens, Richmond, New York and Bronx, or his or her designee 20 makes a report pursuant to section 9.46 of the mental hygiene law, the 21 division of criminal justice services shall convey such information, 22 whenever it determines that the person named in the report possesses a 23 license issued pursuant to this section, to the appropriate licensing 24 official, who shall issue an order suspending or revoking such license. 25 (c) In any instance in which a person's license is suspended or 26 revoked under paragraph (a) or (b) of this subdivision, such person 27 shall surrender such license to the appropriate licensing official and 28 any and all firearms, rifles, or shotguns owned or possessed by such 29 person shall be surrendered to an appropriate law enforcement agency as 30 provided in subparagraph (f) of paragraph one of subdivision a of 31 section 265.20 of this chapter. In the event such license, firearm, 32 shotgun, or rifle is not surrendered, such items shall be removed and 33 declared a nuisance and any police officer or peace officer acting 34 pursuant to his or her special duties is authorized to remove any and 35 all such weapons. 36 12. Records required of gunsmiths and dealers in firearms. Any person 37 licensed as gunsmith or dealer in firearms shall keep a record book 38 approved as to form, except in the city of New York, by the superinten- 39 dent of state police. In the record book shall be entered at the time of 40 every transaction involving a firearm the date, name, age, occupation 41 and residence of any person from whom a firearm is received or to whom a 42 firearm is delivered, and the calibre, make, model, manufacturer's name 43 and serial number, or if none, any other distinguishing number or iden- 44 tification mark on such firearm. Before delivering a firearm to any 45 person, the licensee shall require him to produce either a license valid 46 under this section to carry or possess the same, or proof of lawful 47 authority as an exempt person pursuant to section 265.20 of this 48 chapter. In addition, before delivering a firearm to a peace officer, 49 the licensee shall verify that person's status as a peace officer with 50 the division of state police. After completing the foregoing, the licen- 51 see shall remove and retain the attached coupon and enter in the record 52 book the date of such license, number, if any, and name of the licensing 53 officer, in the case of the holder of a license to carry or possess, or 54 the shield or other number, if any, assignment and department, unit or 55 agency, in the case of an exempt person. The original transaction report 56 shall be forwarded to the division of state police within ten days ofS. 879--C 21 1 delivering a firearm to any person, and a duplicate copy shall be kept 2 by the licensee. The superintendent of state police may designate that 3 such record shall be completed and transmitted in electronic form. A 4 dealer may be granted a waiver from transmitting such records in elec- 5 tronic form if the superintendent determines that such dealer is incapa- 6 ble of such transmission due to technological limitations that are not 7 reasonably within the control of the dealer, or other exceptional 8 circumstances demonstrated by the dealer, pursuant to a process estab- 9 lished in regulation, and at the discretion of the superintendent. 10 [Records assembled or collected for purposes of inclusion in the data-11base created pursuant to section 400.02 of this article shall not be12subject to disclosure pursuant to article six of the public officers13law.] The record book shall be maintained on the premises mentioned and 14 described in the license and shall be open at all reasonable hours for 15 inspection by any peace officer, acting pursuant to his special duties, 16 or police officer. In the event of cancellation or revocation of the 17 license for gunsmith or dealer in firearms, or discontinuance of busi- 18 ness by a licensee, such record book shall be immediately surrendered to 19 the licensing officer in the city of New York, and in the counties of 20 Nassau and Suffolk, and elsewhere in the state to the executive depart- 21 ment, division of state police. 22 § 30. Subdivision 16-a of section 400.00 of the penal law, as added by 23 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of 24 the laws of 2013, is amended to read as follows: 25 16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)26or (f)] subparagraph (v) or (vi) of paragraph (b) of subdivision twen- 27 ty-two of section 265.00 of this chapter, who resides in the county of 28 Kings, Queens, Richmond, New York or Bronx, possessed before the date of 29 the effective date of [the] chapter one of the laws of two thousand 30 thirteen which added this paragraph, must make an application to regis- 31 ter such weapon with the superintendent of state police, in the manner 32 provided by the superintendent, or by amending a license issued pursuant 33 to this section within one year of the effective date of this subdivi- 34 sion except any weapon defined under [subparagraph (vi)] clause (F) of 35 subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-two of 36 section 265.00 of this chapter transferred into the state may be regis- 37 tered at any time, provided such weapons are registered within thirty 38 days of their transfer into the state. Registration information shall 39 include the registrant's name, date of birth, gender, race, residential 40 address, social security number and a description of each weapon being 41 registered. A registration in the county of Kings, Queens, Richmond, New 42 York or Bronx, of any weapon defined under [subparagraph (vi)] clause 43 (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty- 44 two of section 265.00 or a feeding device as defined under subdivision 45 twenty-three of section 265.00 of this chapter shall be transferable, 46 provided that the seller notifies the division of state police within 47 seventy-two hours of the transfer and the buyer provides the division of 48 state police with information sufficient to constitute a registration 49 under this section. Such registration shall not be valid if such regis- 50 trant is prohibited or becomes prohibited from possessing a firearm 51 pursuant to state or federal law. The superintendent shall determine 52 whether such registrant is prohibited from possessing a firearm under 53 state or federal law. Such check shall be limited to determining whether 54 the factors in 18 USC 922 (g) apply or whether a registrant has been 55 convicted of a serious offense as defined in subdivision sixteen-b of 56 section 265.00 of this chapter, so as to prohibit such registrant fromS. 879--C 22 1 possessing a firearm, and whether a report has been issued pursuant to 2 section 9.46 of the mental hygiene law. [All] Such registrants shall 3 recertify to the division of state police every five years thereafter. 4 Failure to recertify shall result in a revocation of such registration. 5 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of 6 this subdivision, an owner, who resides in the county of Kings, Queens, 7 Richmond, New York or Bronx, of an assault weapon as defined in subdivi- 8 sion twenty-two of section 265.00 of this chapter, who is a qualified 9 retired New York or federal law enforcement officer as defined in subdi- 10 vision twenty-five of section 265.00 of this chapter, where such weapon 11 was issued to or purchased by such officer prior to retirement and in 12 the course of his or her official duties, and for which such officer was 13 qualified by the agency that employed such officer within twelve months 14 prior to his or her retirement, must register such weapon within sixty 15 days of retirement. 16 (b) The superintendent of state police shall create and maintain an 17 internet website to educate the public, who reside in the county of 18 Kings, Queens, Richmond, New York or Bronx, as to which semiautomatic 19 rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are 20 illegal as a result of the enactment of [the] chapter one of the laws of 21 two thousand thirteen which added this paragraph, as well as such 22 assault weapons which are illegal pursuant to article two hundred 23 sixty-five of this chapter. Such website shall contain information to 24 assist [the] such public in recognizing the relevant features proscribed 25 by such article two hundred sixty-five, as well as which make and model 26 of weapons that require registration. 27 (c) A person, who resides in the county of Kings, Queens, Richmond, 28 New York or Bronx, who knowingly fails to apply to register such weapon, 29 as required by this section, within one year of the effective date of 30 [the] chapter one of the laws of two thousand thirteen which added this 31 paragraph shall be guilty of a class A misdemeanor and such person who 32 unknowingly fails to validly register such weapon within such one year 33 period shall be given a warning by an appropriate law enforcement 34 authority about such failure and given thirty days in which to apply to 35 register such weapon or to surrender it. A failure to apply or surrender 36 such weapon within such thirty-day period shall result in such weapon 37 being removed by an appropriate law enforcement authority and declared a 38 nuisance. 39 § 31. Section 400.02 of the penal law is REPEALED. 40 § 32. Section 400.03 of the penal law, as added by chapter 1 of the 41 laws of 2013, is amended to read as follows: 42 § 400.03 Sellers of ammunition. 43 1. A seller of ammunition as defined in subdivision twenty-four of 44 section 265.00 of this chapter doing business in the county of Kings, 45 Queens, Richmond, New York or Bronx, shall register with the superinten- 46 dent of state police in a manner provided by the superintendent. Any 47 dealer in firearms that is validly licensed pursuant to section 400.00 48 of this article shall not be required to complete such registration. 49 2. Any seller of ammunition or dealer in firearms doing business in 50 the county of Kings, Queens, Richmond, New York or Bronx, shall keep a 51 record book approved as to form by the superintendent of state police. 52 In the record book shall be entered at the time of every transaction 53 involving ammunition the date, name, age, occupation and residence of 54 any person from whom ammunition is received or to whom ammunition is 55 delivered, and the amount, calibre, manufacturer's name and serial 56 number, or if none, any other distinguishing number or identificationS. 879--C 23 1 mark on such ammunition. The record book shall be maintained on the 2 premises mentioned and described in the license and shall be open at all 3 reasonable hours for inspection by any peace officer, acting pursuant to 4 his or her special duties, or police officer. Any record produced pursu- 5 ant to this section and any transmission thereof to any government agen- 6 cy shall not be considered a public record for purposes of article six 7 of the public officers law. 8 3. [No later than thirty days after the superintendent of the state9police certifies that the statewide license and record database estab-10lished pursuant to section 400.02 of this article is operational for the11purposes of this section, a] A dealer in firearms licensed pursuant to 12 section 400.00 of this article, a seller of ammunition as defined in 13 subdivision twenty-four of section 265.00 of this chapter doing business 14 in the county of Kings, Queens, Richmond, New York or Bronx, shall not 15 transfer any ammunition to any other person who is not a dealer in 16 firearms as defined in subdivision nine of such section 265.00 or a 17 seller of ammunition as defined in subdivision twenty-four of section 18 265.00 of this chapter, unless: 19 (a) before the completion of the transfer, the licensee or seller 20 contacts the [statewide license and record database] superintendent of 21 state police and provides the [database] superintendent with information 22 sufficient to identify such dealer or seller, transferee based on infor- 23 mation on the transferee's identification document as defined in para- 24 graph (c) of this subdivision, as well as the amount, calibre, manufac- 25 turer's name and serial number, if any, of such ammunition; 26 (b) the [system] superintendent provides the licensee or seller with a 27 unique identification number; and 28 (c) the transferor has verified the identity of the transferee by 29 examining a valid state identification document of the transferee issued 30 by the department of motor vehicles or if the transferee is not a resi- 31 dent of the state of New York, a valid identification document issued by 32 the transferee's state or country of residence containing a photograph 33 of the transferee. 34 4. If the [database] superintendent of state police determines that 35 the purchaser of ammunition is eligible to possess ammunition pursuant 36 to state and federal laws, [the system] he or she shall: 37 (a) assign a unique identification number to the transfer; and 38 (b) provide the licensee or seller with the number. 39 5. If the [statewide license and record database] superintendent of 40 state police notifies the licensee or seller that the information avail- 41 able [to the database] does not demonstrate that the receipt of ammuni- 42 tion by such other person would violate 18 U.S.C. 922(g) or state law, 43 and the licensee transfers ammunition to such other person, the licensee 44 shall indicate to the [database] superintendent that such transaction 45 has been completed at which point a record of such transaction shall be 46 created which shall be accessible by the division of state police and 47 maintained for no longer than one year from point of purchase[, which48shall not be incorporated into the database established pursuant to49section 400.02 of this article or the registry established pursuant to50subdivision sixteen-a of section 400.00 of this article]. The division 51 of state police may share such information with a local law enforcement 52 agency. Evidence of the purchase of ammunition is not sufficient to 53 establish probable cause to believe that the purchaser has committed a 54 crime absent other information tending to prove the commission of a 55 crime. Records assembled or accessed pursuant to this section shall not 56 be subject to disclosure pursuant to article six of the public officersS. 879--C 24 1 law. This requirement of this section shall not apply (i) if a back- 2 ground check cannot be completed because the system is not operational 3 as determined by the superintendent of state police, or where it cannot 4 be accessed by the practitioner due to a temporary technological or 5 electrical failure, as set forth in regulation, or (ii) a dealer or 6 seller has been granted a waiver from conducting such background check 7 if the superintendent of state police determines that such dealer is 8 incapable of such check due to technological limitations that are not 9 reasonably within the control of the dealer, or other exceptional 10 circumstances demonstrated by the dealer, pursuant to a process estab- 11 lished in regulation, and at the discretion of such superintendent. 12 6. If the superintendent of state police certifies that background 13 checks of ammunition purchasers in the county of Kings, Queens, Rich- 14 mond, New York or Bronx may be conducted through the national instant 15 criminal background check system, use of that system by a dealer or 16 seller shall be sufficient to satisfy subdivisions four and five of this 17 section and such checks shall be conducted through such system, provided 18 that a record of such transaction shall be forwarded to the state police 19 in a form determined by the superintendent. 20 7. No commercial transfer of ammunition shall take place in the county 21 of Kings, Queens, Richmond, New York or Bronx unless a licensed dealer 22 in firearms or registered seller of ammunition acts as an intermediary 23 between the transferor and the ultimate transferee of the ammunition for 24 the purposes of contacting the statewide license and record database 25 pursuant to this section. Such transfer between the dealer or seller, 26 and transferee must occur in person. 27 8. A seller of ammunition who fails to register pursuant to this 28 section and sells ammunition, for a first offense, shall be guilty of a 29 violation and subject to the fine of one thousand dollars and for a 30 second offense, shall be guilty of a class A misdemeanor. 31 A seller of ammunition that fails to keep any record required pursuant 32 to this section, for a first offense shall be guilty of a violation and 33 subject to a fine of five hundred dollars, and for a second offense 34 shall be guilty of a class B misdemeanor, and the registration of such 35 seller shall be revoked. 36 § 33. Paragraph (a) of subdivision 1 and subdivision 3 of section 37 400.10 of the penal law, as amended by chapter 1 of the laws of 2013, 38 are amended to read as follows: 39 (a) Any owner or other person lawfully in possession of: (i) a 40 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap- 41 on; (ii) in the county of Kings, Queens, Richmond, New York or Bronx, 42 ammunition as well as a firearm, rifle or shotgun who suffers the loss 43 or theft of such ammunition as well as a firearm, rifle or shotgun; or 44 (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu- 45 nition and is a dealer in firearms or seller of ammunition who suffers 46 the loss or theft of such ammunition shall within twenty-four hours of 47 the discovery of the loss or theft report the facts and circumstances of 48 the loss or theft to a police department or sheriff's office. 49 3. Notwithstanding any other provision of law, a violation of para- 50 graph (a) of subdivision one of this section shall be [a class A misde-51meanor] punishable only by a fine not to exceed one hundred dollars. 52 § 34. Section 2509 of the surrogate's court procedure act, as added by 53 chapter 1 of the laws of 2013, is amended to read as follows: 54 § 2509. Firearms inventory 55 Whenever, by regulation, rule or statute, a fiduciary or attorney of 56 record in the county of Kings, Queens, Richmond, New York or Bronx mustS. 879--C 25 1 file a list of assets constituting a decedent's estate, such list must 2 include a particularized description of every firearm, shotgun and 3 rifle, as such terms are defined in section 265.00 of the penal law, 4 that are part of such estate. Such list must be filed with the surro- 5 gate's court in the county in which the estate proceeding, if any, is 6 pending and a copy must be filed with the division of criminal justice 7 services. 8 § 35. This act shall take effect immediately.
