Bill Text: NY S01623 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the recertification process for firearms.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01623 Detail]

Download: New_York-2021-S01623-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1623

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        Introduced  by  Sens. GALLIVAN, AKSHAR, HELMING, JORDAN, TEDISCO -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes

        AN  ACT to amend the penal law, in relation to the recertification proc-
          ess for licenses for firearms

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

     1    Section  1.  Subdivisions 5 and 10 of section 400.00 of the penal law,
     2  as amended by chapter 1 of the laws of 2013, subparagraph (iii) of para-
     3  graph (e) of subdivision 5 as amended by chapter  244  of  the  laws  of
     4  2019, are amended to read as follows:
     5    5.  Filing  of  approved  applications.  (a)  The  application for any
     6  license, if granted, shall be filed by the licensing  officer  with  the
     7  clerk  of  the  county  of issuance, except that in the city of New York
     8  and, in the counties of Nassau and Suffolk, the licensing officer  shall
     9  designate  the  place  of  filing in the appropriate division, bureau or
    10  unit of the police department thereof, and in the county of Suffolk  the
    11  county  clerk  is  hereby authorized to transfer all records or applica-
    12  tions relating to firearms to the licensing authority  of  that  county.
    13  Except  as provided in paragraphs (b) through [(f)] (e) of this subdivi-
    14  sion, the name and address of any person to whom an application for  any
    15  license has been granted shall be a public record. Upon application by a
    16  licensee who has changed his place of residence such records or applica-
    17  tions  shall be transferred to the appropriate officer at the licensee's
    18  new place of residence. A duplicate copy of such  application  shall  be
    19  filed  by the licensing officer in the executive department, division of
    20  state police, Albany, within ten days after issuance of the license. The
    21  superintendent of state police may designate that such application shall
    22  be transmitted to the division of state police  electronically.  In  the
    23  event the superintendent of the division of state police determines that
    24  it  lacks  any of the records required to be filed with the division, it

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01407-01-1
        S. 1623                             2

     1  may request that such records be  provided  to  it  by  the  appropriate
     2  clerk,  department  or authority and such clerk, department or authority
     3  shall provide the division with such records. In the event  such  clerk,
     4  department or authority lacks such records, the division may request the
     5  license  holder provide information sufficient to constitute such record
     6  and such license holder shall provide the division  with  such  informa-
     7  tion.  Such  information  shall be limited to the license holder's name,
     8  date of birth, gender, race, residential address, social security number
     9  and firearms possessed by said license holder. Nothing in this  subdivi-
    10  sion  shall  be  construed to change the expiration date or term of such
    11  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    12  collected  for purposes of inclusion in the database established by this
    13  section shall be released pursuant to a court order.  Records  assembled
    14  or  collected for purposes of inclusion in the database created pursuant
    15  to section 400.02 of this chapter shall not  be  subject  to  disclosure
    16  pursuant to article six of the public officers law.
    17    (b)  Each  application for a license pursuant to paragraph (a) of this
    18  subdivision shall include, on a separate written form  prepared  by  the
    19  division  of  state  police  within thirty days of the effective date of
    20  [the] chapter one of the laws of two thousand thirteen[,  which  amended
    21  this section,] and provided to the applicant at the same time and in the
    22  same  manner  as  the  application for a license, an opportunity for the
    23  applicant to request an exception from his or her  application  informa-
    24  tion  becoming  public record pursuant to paragraph (a) of this subdivi-
    25  sion. Such forms, which shall also be made available to individuals  who
    26  had applied for or been granted a license prior to the effective date of
    27  [the]  chapter  one  of the laws of two thousand thirteen [which amended
    28  this section,] shall notify applicants  that,  upon  discovery  that  an
    29  applicant  knowingly  provided  false information, such applicant may be
    30  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    31  further,  that  his  or  her  request for an exception shall be null and
    32  void, provided that written  notice  containing  such  determination  is
    33  provided to the applicant. Further, such forms shall provide each appli-
    34  cant  an  opportunity to specify the grounds on which he or she believes
    35  his or her application information should  not  be  publicly  disclosed.
    36  These  grounds,  which shall be identified on the application with a box
    37  beside each for checking, as applicable, by the applicant, shall  be  as
    38  follows:
    39    (i)  the  applicant's  life  or safety may be endangered by disclosure
    40  because:
    41    (A) the applicant is an active or retired police officer, peace  offi-
    42  cer, probation officer, parole officer, or corrections officer;
    43    (B)  the applicant is a protected person under a currently valid order
    44  of protection;
    45    (C) the applicant is or was a witness in a criminal proceeding involv-
    46  ing a criminal charge;
    47    (D) the applicant is participating or  previously  participated  as  a
    48  juror  in  a criminal proceeding, or is or was a member of a grand jury;
    49  or
    50    (E) the applicant is a spouse, domestic partner or household member of
    51  a person identified in this subparagraph or subparagraph  (ii)  of  this
    52  paragraph,  specifying  which  subparagraph or subparagraphs and clauses
    53  apply.
    54    (ii) the applicant has reason to believe his or her life or safety may
    55  be endangered by disclosure due to reasons stated by the applicant.
        S. 1623                             3

     1    (iii) the applicant has reason to believe he or she may be subject  to
     2  unwarranted harassment upon disclosure of such information.
     3    (c)  [Each form provided for recertification pursuant to paragraph (b)
     4  of subdivision ten of this section shall include an opportunity for  the
     5  applicant  to request an exception from the information provided on such
     6  form becoming public record pursuant to paragraph (a) of  this  subdivi-
     7  sion.  Such  forms  shall notify applicants that, upon discovery that an
     8  applicant knowingly provided false information, such  applicant  may  be
     9  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    10  further, that his or her request for an  exception  shall  be  null  and
    11  void,  provided  that  written  notice  containing such determination is
    12  provided to the applicant. Further, such forms shall provide each appli-
    13  cant an opportunity to either decline to request the grant or  continua-
    14  tion of an exception, or specify the grounds on which he or she believes
    15  his  or her information should not be publicly disclosed. These grounds,
    16  which shall be identified in the application with a box beside each  for
    17  checking, as applicable, by the applicant, shall be the same as provided
    18  in paragraph (b) of this subdivision.
    19    (d)]  Information submitted on the forms described in paragraph (b) of
    20  this subdivision shall be excepted from disclosure and maintained by the
    21  entity retaining such information separate  and  apart  from  all  other
    22  records.
    23    [(e)]  (d) (i) Upon receiving a request for exception from disclosure,
    24  the licensing officer shall grant such exception, unless the request  is
    25  determined  to  be  null and void, pursuant to paragraph (b) [or (c)] of
    26  this subdivision.
    27    (ii) A request for an exception from disclosure may  be  submitted  at
    28  any time, including after a license or recertification has been granted.
    29    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    30  of this subdivision, the application information  shall  not  be  public
    31  record,  unless  the  request  is determined to be null and void. [If an
    32  exception is sought and granted pursuant to paragraph (c) of this subdi-
    33  vision, the  information  concerning  such  recertification  application
    34  shall  not be public record, unless the request is determined to be null
    35  and void.] Notwithstanding the foregoing  provisions  of  this  subpara-
    36  graph,  local  and state law enforcement shall, upon request, be granted
    37  access to and copies of such application information provided that  such
    38  information  obtained  by  law enforcement pursuant to this subparagraph
    39  shall not be considered a public record of such law enforcement agency.
    40    [(f)] (e) The information of licensees or  applicants  for  a  license
    41  shall not be disclosed to the public during the first one hundred twenty
    42  days  following  the  effective date of [the] chapter one of the laws of
    43  two thousand thirteen[, which amended this section].  After such period,
    44  the information of those who had applied for or been granted  a  license
    45  prior to the preparation of the form for requesting an exception, pursu-
    46  ant  to  paragraph (b) of this subdivision, may be released only if such
    47  individuals did not file a request for  such  an  exception  during  the
    48  first  sixty days following such preparation; provided, however, that no
    49  information contained in an application for licensure or recertification
    50  shall be disclosed by an entity that has not  completed  processing  any
    51  such requests received during such sixty days.
    52    [(g)]  (f)  If a request for an exception is determined to be null and
    53  void pursuant to paragraph (b) [or (c)] of this subdivision,  an  appli-
    54  cant may request review of such determination pursuant to article seven-
    55  ty-eight  of  the  civil  practice [laws] law and rules. Such proceeding
    56  must commence within thirty days after service  of  the  written  notice
        S. 1623                             4

     1  containing  the  adverse  determination. Notice of the right to commence
     2  such a petition, and the time period therefor, shall be included in  the
     3  notice  of the determination. Disclosure following such a petition shall
     4  not be made prior to the disposition of such review.
     5    10.  License: expiration, certification and renewal. [(a)] Any license
     6  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
     7  license  to  carry  or  possess a pistol or revolver, issued at any time
     8  pursuant to this section or prior to the first  day  of  July,  nineteen
     9  hundred  sixty-three  and not limited to expire on an earlier date fixed
    10  in the license, shall expire not more than three years after the date of
    11  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
    12  license  to  carry  or  possess a pistol or revolver, issued at any time
    13  pursuant to this section or prior to the first  day  of  July,  nineteen
    14  hundred  sixty-three  and not limited to expire on an earlier date fixed
    15  in the license, shall expire not more than five years after the date  of
    16  issuance;  however, in the county of Westchester, any such license shall
    17  be certified prior to the first day of April, two thousand,  in  accord-
    18  ance  with  a schedule to be contained in regulations promulgated by the
    19  commissioner of the division of criminal  justice  services,  and  every
    20  such  license  shall  be  recertified  every  five years thereafter. For
    21  purposes of this section certification  shall  mean  that  the  licensee
    22  shall  provide  to the licensing officer the following information only:
    23  current name, date of birth, current address, and the make, model, cali-
    24  ber and serial number of all firearms currently possessed. Such  certif-
    25  ication  information shall be filed by the licensing officer in the same
    26  manner as an amendment. Elsewhere than in the city of New York  and  the
    27  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    28  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    29  section  or prior to the first day of July, nineteen hundred sixty-three
    30  and not previously revoked or cancelled, shall be in  force  and  effect
    31  until  revoked  as herein provided. Any license not previously cancelled
    32  or revoked shall remain in full force and effect for thirty days  beyond
    33  the  stated  expiration date on such license. Any application to renew a
    34  license that has not previously expired, been revoked or cancelled shall
    35  thereby extend the term of the license until disposition of the applica-
    36  tion by the licensing officer. In the case of a license for gunsmith  or
    37  dealer  in  firearms,  in  counties having a population of less than two
    38  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    39  submitted  on  original applications and upon renewal thereafter only at
    40  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
    41  original  license has been despoiled, lost or otherwise removed from the
    42  possession of the licensee and upon application containing an additional
    43  photograph of the licensee, the licensing officer shall issue  a  dupli-
    44  cate license.
    45    [(b)  All  licensees  shall  be  recertified  to the division of state
    46  police every five years thereafter. Any license issued before the effec-
    47  tive date of the chapter of the laws  of  two  thousand  thirteen  which
    48  added  this  paragraph shall be recertified by the licensee on or before
    49  January thirty-first, two thousand eighteen, and not less than one  year
    50  prior  to such date, the state police shall send a notice to all license
    51  holders who have not recertified  by  such  time.  Such  recertification
    52  shall  be  in  a form as approved by the superintendent of state police,
    53  which shall request the license holder's name, date  of  birth,  gender,
    54  race, residential address, social security number, firearms possessed by
    55  such  license  holder, email address at the option of the license holder
    56  and an affirmation that such  license  holder  is  not  prohibited  from
        S. 1623                             5

     1  possessing  firearms. The form may be in an electronic form if so desig-
     2  nated by the superintendent of state police. Failure to recertify  shall
     3  act  as  a  revocation  of  such  license.  If the New York state police
     4  discover  as  a  result  of  the recertification process that a licensee
     5  failed to provide a change of address, the New York state  police  shall
     6  not require the licensing officer to revoke such license.]
     7    § 2. This act shall take effect immediately.