STATE OF NEW YORK
________________________________________________________________________
5758
2019-2020 Regular Sessions
IN ASSEMBLY
February 14, 2019
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, the family court act, the
domestic relations law, the general business law, the judiciary law,
the mental hygiene law, the penal law and the surrogate's court proce-
dure act, in relation to limiting the application of certain
provisions of law relating to firearms to the counties of Kings,
Queens, Richmond, New York and Bronx; and to repeal section 400.02 of
the penal law relating to the statewide license and record database
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
2 law, as added by chapter 1 of the laws of 2013, is amended to read as
3 follows:
4 2-a. Firearm, rifle or shotgun surrender order in certain counties.
5 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
6 upon entry of a verdict of not responsible by reason of mental disease
7 or defect, or upon the acceptance of a plea of not responsible by reason
8 of mental disease or defect, or upon a finding that the defendant is an
9 incapacitated person pursuant to article seven hundred thirty of this
10 chapter, the court shall revoke the defendant's firearm license, if any,
11 inquire of the defendant as to the existence and location of any
12 firearm, rifle or shotgun owned or possessed by such defendant and
13 direct the surrender of such firearm, rifle or shotgun pursuant to
14 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
15 subdivision six of section 400.05 of the penal law.
16 § 2. Section 380.96 of the criminal procedure law, as added by chapter
17 1 of the laws of 2013, is amended to read as follows:
18 § 380.96 Obligation of sentencing court in certain counties pursuant to
19 article four hundred of the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03000-01-9
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1 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
2 upon judgment of conviction of any offense which would require the
3 seizure of firearms, shotguns or rifles from an individual so convicted,
4 and the revocation of any license or registration issued pursuant to
5 article four hundred of the penal law, the judge pronouncing sentence
6 shall demand surrender of any such license or registration and all
7 firearms, shotguns and rifles. The failure to so demand surrender shall
8 not effect the validity of any revocation pursuant to article four
9 hundred of the penal law.
10 § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
11 as amended by chapter 60 of the laws of 2018, are amended to read as
12 follows:
13 1. [Suspension] Mandatory and permissive suspension of firearms
14 license and ineligibility for such a license upon the issuance of a
15 temporary order of protection. Whenever a temporary order of protection
16 is issued pursuant to section eight hundred twenty-eight of this arti-
17 cle, or in the counties of Kings, Queens, Richmond, New York and Bronx,
18 pursuant to article four, five, six, seven or ten of this act:
19 (a) the court shall suspend any such existing license possessed by the
20 respondent, order the respondent ineligible for such a license, and
21 order the immediate surrender [pursuant to subparagraph (f) of paragraph
22 one of subdivision a of section 265.20 and subdivision six of section
23 400.05 of the penal law,] of any or all firearms, rifles and shotguns
24 owned or possessed where the court receives information that gives the
25 court good cause to believe that: (i) the respondent has a prior
26 conviction of any violent felony offense as defined in section 70.02 of
27 the penal law; (ii) the respondent has previously been found to have
28 willfully failed to obey a prior order of protection and such willful
29 failure involved (A) the infliction of physical injury, as defined in
30 subdivision nine of section 10.00 of the penal law, (B) the use or
31 threatened use of a deadly weapon or dangerous instrument as those terms
32 are defined in subdivisions twelve and thirteen of section 10.00 of the
33 penal law, or (C) behavior constituting any violent felony offense as
34 defined in section 70.02 of the penal law; or (iii) the respondent has a
35 prior conviction for stalking in the first degree as defined in section
36 120.60 of the penal law, stalking in the second degree as defined in
37 section 120.55 of the penal law, stalking in the third degree as defined
38 in section 120.50 of the penal law or stalking in the fourth degree as
39 defined in section 120.45 of such law; and
40 (b) the court may and, in the counties of Kings, Queens, Richmond, New
41 York and Bronx, shall where the court finds a substantial risk that the
42 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
43 fully against the person or persons for whose protection the temporary
44 order of protection is issued, suspend any such existing license
45 possessed by the respondent, order the respondent ineligible for such a
46 license, and order the immediate surrender [pursuant to subparagraph (f)
47 of paragraph one of subdivision a of section 265.20 and subdivision six
48 of section 400.05 of the penal law,] of any or all firearms, rifles and
49 shotguns owned or possessed.
50 2. [Revocation] Mandatory and permissive revocation or suspension of
51 firearms license and ineligibility for such a license upon the issuance
52 of an order of protection. Whenever an order of protection is issued
53 pursuant to section eight hundred forty-one of this part, or in the
54 county of Kings, Queens, Richmond, New York or Bronx, pursuant to arti-
55 cle four, five, six, seven or ten of this act:
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1 (a) the court shall revoke any such existing license possessed by the
2 respondent, order the respondent ineligible for such a license, and
3 order the immediate surrender [pursuant to subparagraph (f) of paragraph
4 one of subdivision a of section 265.20 and subdivision six of section
5 400.05 of the penal law,] of any or all firearms, rifles and shotguns
6 owned or possessed where the court finds that the conduct which resulted
7 in the issuance of the order of protection involved (i) the infliction
8 of serious physical injury, as defined in subdivision [nine] ten of
9 section 10.00 of the penal law, (ii) the use or threatened use of a
10 deadly weapon or dangerous instrument as those terms are defined in
11 subdivisions twelve and thirteen of section 10.00 of the penal law, or
12 (iii) behavior constituting any violent felony offense as defined in
13 section 70.02 of the penal law; and
14 (b) the court may and, in the counties of Kings, Queens, Richmond, New
15 York and Bronx, shall, where the court finds a substantial risk that the
16 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
17 fully against the person or persons for whose protection the order of
18 protection is issued, (i) revoke any such existing license possessed by
19 the respondent, order the respondent ineligible for such a license and
20 order the immediate surrender [pursuant to subparagraph (f) of paragraph
21 one of subdivision a of section 265.20 and subdivision six of section
22 400.05 of the penal law,] of any or all firearms, rifles and shotguns
23 owned or possessed or (ii) suspend or continue to suspend any such
24 existing license possessed by the respondent, order the respondent inel-
25 igible for such a license, and order the immediate surrender [pursuant
26 to subparagraph (f) of paragraph one of subdivision a of section 265.20
27 and subdivision six of section 400.05 of the penal law,] of any or all
28 firearms, rifles and shotguns owned or possessed.
29 3. [Revocation] Mandatory and permissive revocation or suspension of
30 firearms license and ineligibility for such a license upon a finding of
31 a willful failure to obey an order of protection or, in the county of
32 Kings, Queens, Richmond, New York or Bronx, temporary order of
33 protection. Whenever a respondent has been found, pursuant to section
34 eight hundred forty-six-a of this part to have willfully failed to obey
35 an order of protection or temporary order of protection issued [pursuant
36 to this act or the domestic relations law, or] by this court or by a
37 court of competent jurisdiction in another state, territorial or tribal
38 jurisdiction, in addition to any other remedies available pursuant to
39 section eight hundred forty-six-a of this part:
40 (a) the court shall revoke any such existing license possessed by the
41 respondent, order the respondent ineligible for such a license, and
42 order the immediate surrender [pursuant to subparagraph (f) of paragraph
43 one of subdivision a of section 265.20 and subdivision six of section
44 400.05 of the penal law,] of any or all firearms, rifles and shotguns
45 owned or possessed where the willful failure to obey such order involves
46 (i) the infliction of serious physical injury, as defined in subdivision
47 [nine] ten of section 10.00 of the penal law, (ii) the use or threatened
48 use of a deadly weapon or dangerous instrument as those terms are
49 defined in subdivisions twelve and thirteen of section 10.00 of the
50 penal law, or (iii) behavior constituting any violent felony offense as
51 defined in section 70.02 of the penal law; or (iv) behavior constituting
52 stalking in the first degree as defined in section 120.60 of the penal
53 law, stalking in the second degree as defined in section 120.55 of the
54 penal law, stalking in the third degree as defined in section 120.50 of
55 the penal law or stalking in the fourth degree as defined in section
56 120.45 of such law; and
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1 (b) the court may and, in the counties of Kings, Queens, Richmond, New
2 York and Bronx, shall where the court finds a substantial risk that the
3 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
4 fully against the person or persons for whose protection the order of
5 protection was issued, (i) revoke any such existing license possessed by
6 the respondent, order the respondent ineligible for such a license,
7 whether or not the respondent possesses such a license, and order the
8 immediate surrender [pursuant to subparagraph (f) of paragraph one of
9 subdivision a of section 265.20 and subdivision six of section 400.05 of
10 the penal law,] of any or all firearms, rifles and shotguns owned or
11 possessed or (ii) suspend any such existing license possessed by the
12 respondent, order the respondent ineligible for such a license, and
13 order the immediate surrender of any or all firearms, rifles and shot-
14 guns owned or possessed.
15 § 4. Section 846-a of the family court act, as amended by chapter 1 of
16 the laws of 2013, is amended to read as follows:
17 § 846-a. Powers on failure to obey order. If a respondent is brought
18 before the court for failure to obey any lawful order issued under this
19 article or an order of protection or, in the county of Kings, Queens,
20 Richmond, New York or Bronx, temporary order of protection issued
21 [pursuant to this act or issued] by a court of competent jurisdiction of
22 another state, territorial or tribal jurisdiction and if, after hearing,
23 the court is satisfied by competent proof that the respondent has will-
24 fully failed to obey any such order, the court may modify an existing
25 order or, in the county of Kings, Queens, Richmond, New York or Bronx,
26 temporary order of protection to add reasonable conditions of behavior
27 to the existing order, make a new order of protection in accordance with
28 section eight hundred forty-two of this part, may order the forfeiture
29 of bail in a manner consistent with article five hundred forty of the
30 criminal procedure law if bail has been ordered pursuant to this act,
31 may order the respondent to pay the petitioner's reasonable and neces-
32 sary counsel fees in connection with the violation petition where the
33 court finds that the violation of its order was willful, and may commit
34 the respondent to jail for a term not to exceed six months. Such commit-
35 ment may be served upon certain specified days or parts of days as the
36 court may direct, and the court may, at any time within the term of such
37 sentence, revoke such suspension and commit the respondent for the
38 remainder of the original sentence, or suspend the remainder of such
39 sentence. If the court determines that the willful failure to obey such
40 order involves violent behavior constituting the crimes of menacing,
41 reckless endangerment, assault or attempted assault and if such a
42 respondent is licensed to carry, possess, repair and dispose of firearms
43 pursuant to section 400.00 of the penal law, the court may also imme-
44 diately revoke such license and may arrange for the immediate surrender
45 [pursuant to subparagraph (f) of paragraph one of subdivision a of
46 section 265.20 and subdivision six of section 400.05 of the penal law,]
47 and disposal of any firearm such respondent owns or possesses. If the
48 willful failure to obey such order involves the infliction of serious
49 physical injury as defined in subdivision [nine] ten of section 10.00 of
50 the penal law or the use or threatened use of a deadly weapon or danger-
51 ous instrument, as those terms are defined in subdivisions twelve and
52 thirteen of section 10.00 of the penal law, such revocation and immedi-
53 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
54 sion a of section 265.20 and subdivision six of section 400.05 of the
55 penal law six] and disposal of any firearm owned or possessed by
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1 respondent shall be mandatory, pursuant to subdivision eleven of section
2 400.00 of the penal law.
3 § 5. Section 446-a of the family court act, as added by chapter 1 of
4 the laws of 2013, is amended to read as follows:
5 § 446-a. Firearms; surrender and license suspension, revocation and
6 ineligibility; certain counties. [Upon] In the counties of Kings,
7 Queens, Richmond, New York and Bronx, upon the issuance of an order of
8 protection or temporary order of protection, or upon a violation of such
9 order, the court shall make a determination regarding the suspension and
10 revocation of a license to carry, possess, repair or dispose of a
11 firearm or firearms, ineligibility for such a license and the surrender
12 of firearms in accordance with section eight hundred forty-two-a of this
13 act.
14 § 6. Section 552 of the family court act, as added by chapter 1 of the
15 laws of 2013, is amended to read as follows:
16 § 552. Firearms; surrender and license suspension, revocation and
17 ineligibility; certain counties. [Upon] In the counties of Kings,
18 Queens, Richmond, New York and Bronx, upon the issuance of an order of
19 protection or temporary order of protection, or upon a violation of such
20 order, the court shall make a determination regarding the suspension and
21 revocation of a license to carry, possess, repair or dispose of a
22 firearm or firearms, ineligibility for such a license and the surrender
23 of firearms in accordance with section eight hundred forty-two-a of this
24 act.
25 § 7. Section 656-a of the family court act, as added by chapter 1 of
26 the laws of 2013, is amended to read as follows:
27 § 656-a. Firearms; surrender and license suspension, revocation and
28 ineligibility; certain counties. [Upon] In the counties of Kings,
29 Queens, Richmond, New York and Bronx, upon the issuance of an order of
30 protection or temporary order of protection, or upon a violation of such
31 order, the court shall make a determination regarding the suspension and
32 revocation of a license to carry, possess, repair or dispose of a
33 firearm or firearms, ineligibility for such a license and the surrender
34 of firearms in accordance with section eight hundred forty-two-a of this
35 act.
36 § 8. Section 780-a of the family court act, as added by chapter 1 of
37 the laws of 2013, is amended to read as follows:
38 § 780-a. Firearms; surrender and license suspension, revocation and
39 ineligibility; certain counties. [Upon] In the counties of Kings,
40 Queens, Richmond, New York and Bronx, upon the issuance of an order of
41 protection or temporary order of protection, or upon a violation of such
42 order, the court shall make a determination regarding the suspension and
43 revocation of a license to carry, possess, repair or dispose of a
44 firearm or firearms, ineligibility for such a license and the surrender
45 of firearms in accordance with section eight hundred forty-two-a of this
46 act.
47 § 9. Section 1056-a of the family court act, as added by chapter 1 of
48 the laws of 2013, is amended to read as follows:
49 § 1056-a. Firearms; surrender and license suspension, revocation and
50 ineligibility; certain counties. [Upon] In the counties of Kings,
51 Queens, Richmond, New York and Bronx, upon the issuance of an order of
52 protection or temporary order of protection, or upon a violation of such
53 order, the court shall make an order in accordance with section eight
54 hundred forty-two-a of this act.
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1 § 10. Paragraph h of subdivision 3 of section 240 of the domestic
2 relations law, as amended by chapter 1 of the laws of 2013, is amended
3 to read as follows:
4 h. Upon issuance of an order of protection or temporary order of
5 protection or upon a violation of such order, the court may and, in the
6 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
7 determination regarding the suspension and revocation of a license to
8 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
9 ity for such a license and the surrender of firearms in accordance with
10 sections eight hundred forty-two-a and eight hundred forty-six-a of the
11 family court act, as applicable. Upon issuance of an order of protection
12 pursuant to this section or upon a finding of a violation thereof, the
13 court also may direct payment of restitution in an amount not to exceed
14 ten thousand dollars in accordance with subdivision (e) of section eight
15 hundred forty-one of such act; provided, however, that in no case shall
16 an order of restitution be issued where the court determines that the
17 party against whom the order would be issued has already compensated the
18 injured party or where such compensation is incorporated in a final
19 judgment or settlement of the action.
20 § 11. Subdivision 9 of section 252 of the domestic relations law, as
21 amended by chapter 1 of the laws of 2013, is amended to read as follows:
22 9. Upon issuance of an order of protection or temporary order of
23 protection or upon a violation of such order, the court may and, in the
24 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
25 determination regarding the suspension and revocation of a license to
26 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
27 ity for such a license and the surrender of firearms in accordance with
28 sections eight hundred forty-two-a and eight hundred forty-six-a of the
29 family court act, as applicable. Upon issuance of an order of protection
30 pursuant to this section or upon a finding of a violation thereof, the
31 court also may direct payment of restitution in an amount not to exceed
32 ten thousand dollars in accordance with subdivision (e) of section eight
33 hundred forty-one of such act; provided, however, that in no case shall
34 an order of restitution be issued where the court determines that the
35 party against whom the order would be issued has already compensated the
36 injured party or where such compensation is incorporated in a final
37 judgment or settlement of the action.
38 § 12. The opening paragraph and paragraph (b) of subdivision 1 of
39 section 530.14 of the criminal procedure law, as amended by chapter 60
40 of the laws of 2018, are amended to read as follows:
41 [Suspension] Mandatory and permissive suspension of firearms license
42 and ineligibility for such a license upon issuance of temporary order of
43 protection. Whenever a temporary order of protection is issued pursuant
44 to subdivision one of section 530.12 or subdivision one of section
45 530.13 of this article:
46 (b) the court may and, in the counties of Kings, Queens, Richmond, New
47 York and Bronx, shall where the court finds a substantial risk that the
48 defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
49 fully against the person or persons for whose protection the temporary
50 order of protection is issued, suspend any such existing license
51 possessed by the defendant, order the defendant ineligible for such a
52 license and order the immediate surrender [pursuant to subparagraph (f)
53 of paragraph one of subdivision a of section 265.20 and subdivision six
54 of section 400.05 of the penal law,] of any or all firearms, rifles and
55 shotguns owned or possessed.
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1 § 13. The opening paragraph and paragraph (b) of subdivision 2 of
2 section 530.14 of the criminal procedure law, as amended by chapter 60
3 of the laws of 2018, are amended to read as follows:
4 [Revocation] Mandatory and permissive revocation or suspension of
5 firearms license and ineligibility for such a license upon issuance of
6 an order of protection. Whenever an order of protection is issued pursu-
7 ant to subdivision five of section 530.12 or subdivision four of section
8 530.13 of this article:
9 (b) the court may and, in the counties of Kings, Queens, Richmond, New
10 York and Bronx, shall where the court finds a substantial risk that the
11 defendant may use or threaten to use a firearm, [rifles or shotguns]
12 rifle or shotgun unlawfully against the person or persons for whose
13 protection the order of protection is issued, (i) revoke any such exist-
14 ing license possessed by the defendant, order the defendant ineligible
15 for such a license and order the immediate surrender of any or all
16 firearms, rifles and shotguns owned or possessed or (ii) suspend or
17 continue to suspend any such existing license possessed by the defend-
18 ant, order the defendant ineligible for such a license and order the
19 immediate surrender [pursuant to subparagraph (f) of paragraph one of
20 subdivision a of section 265.20 and subdivision six of section 400.05 of
21 the penal law,] of any or all firearms, rifles and shotguns owned or
22 possessed.
23 § 14. The opening paragraph and paragraph (b) of subdivision 3 of
24 section 530.14 of the criminal procedure law, as amended by chapter 60
25 of the laws of 2018, are amended to read as follows:
26 [Revocation] Mandatory and permissive revocation or suspension of
27 firearms license and ineligibility for such a license upon a finding of
28 a willful failure to obey an order of protection. Whenever a defendant
29 has been found pursuant to subdivision eleven of section 530.12 or
30 subdivision eight of section 530.13 of this article to have willfully
31 failed to obey an order of protection issued by a court of competent
32 jurisdiction in this state or another state, territorial or tribal
33 jurisdiction, in addition to any other remedies available pursuant to
34 subdivision eleven of section 530.12 or subdivision eight of section
35 530.13 of this article:
36 (b) the court may and, in the counties of Kings, Queens, Richmond, New
37 York and Bronx, shall where the court finds a substantial risk that the
38 defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
39 fully against the person or persons for whose protection the order of
40 protection was issued, (i) revoke any such existing license possessed by
41 the defendant, order the defendant ineligible for such a license and
42 order the immediate surrender [pursuant to subparagraph (f) of paragraph
43 one of subdivision a of section 265.20 and subdivision six of section
44 400.05 of the penal law,] of any or all firearms, rifles and shotguns
45 owned or possessed or (ii) suspend any such existing license possessed
46 by the defendant, order the defendant ineligible for such a license and
47 order the immediate surrender [pursuant to subparagraph (f) of paragraph
48 one of subdivision a of section 265.20 and subdivision six of section
49 400.05 of the penal law,] of any or all firearms, rifles and shotguns
50 owned or possessed.
51 § 15. The article heading of article 39-DDD of the general business
52 law, as added by chapter 1 of the laws of 2013, is amended to read as
53 follows:
54 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
55 IN CERTAIN COUNTIES
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1 § 16. Subdivision 1 of section 898 of the general business law, as
2 added by chapter 1 of the laws of 2013, is amended to read as follows:
3 1. In addition to any other requirements pursuant to state and federal
4 law, all sales, exchanges or disposals of firearms, rifles or shotguns,
5 in the counties of Kings, Queens, Richmond, New York and Bronx, shall be
6 conducted in accordance with this section unless such sale, exchange or
7 disposal is conducted by a licensed importer, licensed manufacturer or
8 licensed dealer, as those terms are defined in 18 USC § 922, when such
9 sale, exchange or disposal is conducted pursuant to that person's feder-
10 al firearms license or such sale, exchange or disposal is between
11 members of an immediate family. For purposes of this section, "immediate
12 family" shall mean spouses, domestic partners, children and step-chil-
13 dren.
14 § 17. Paragraph (q) of subdivision 2 of section 212 of the judiciary
15 law, as amended by chapter 1 of the laws of 2013, is amended to read as
16 follows:
17 (q) Adopt rules to require transmission, to the criminal justice
18 information services division of the federal bureau of investigation or
19 to the division of criminal justice services, of the name and other
20 identifying information of each person who has a guardian appointed for
21 him or her pursuant to any provision of state law, based on a determi-
22 nation that as a result of marked subnormal intelligence, mental
23 illness, incapacity, condition or disease, he or she lacks the mental
24 capacity to contract or manage his or her own affairs. Any such records,
25 relating to persons residing in the county of Kings, Queens, Richmond,
26 New York or Bronx, transmitted directly to the federal bureau of inves-
27 tigation must also be transmitted to the division of criminal justice
28 services[, and any records received by the division of criminal justice
29 services pursuant to this paragraph may be checked against the statewide
30 license and record database].
31 § 18. Subdivision (j) of section 7.09 of the mental hygiene law, as
32 amended by chapter 1 of the laws of 2013, is amended to read as follows:
33 (j) (1) The commissioner, in cooperation with other applicable state
34 agencies, shall collect, retain or modify data or records, and shall
35 transmit such data or records: (i) to the division of criminal justice
36 services, or to the criminal justice information services division of
37 the federal bureau of investigation, for the purposes of responding to
38 queries to the national instant criminal background check system regard-
39 ing attempts to purchase or otherwise take possession of firearms, as
40 defined in 18 USC 921(a)(3), in accordance with applicable federal laws
41 or regulations, or (ii) for persons residing in the county of Kings,
42 Queens, Richmond, New York or Bronx, to the division of criminal justice
43 services, which may re-disclose such data and records only for determin-
44 ing whether a license issued pursuant to section 400.00 of the penal law
45 should be denied, suspended or revoked, under subdivision eleven of such
46 section, or for determining whether a person is no longer permitted
47 under federal or state law to possess a firearm. Such records, which may
48 not be used for any other purpose, shall include only names and other
49 non-clinical identifying information of persons who have been involun-
50 tarily committed to a hospital pursuant to article nine of this chapter,
51 [or section four hundred two or subdivision two of section five hundred
52 eight of the correction law,] or article seven hundred thirty or section
53 330.20 of the criminal procedure law or sections 322.2 or 353.4 of the
54 family court act, or to a secure treatment facility pursuant to article
55 ten of this chapter.
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1 (2) The commissioner shall establish within the office of mental
2 health an administrative process to permit a person who has been or may
3 be disqualified from possessing such a firearm pursuant to 18 USC
4 922(4)(d) or who has been or may be disqualified from continuing to have
5 a license to carry, possess, repair, or dispose of a firearm under
6 section 400.00 of the penal law because such person, who resides in the
7 county of Kings, Queens, Richmond, New York or Bronx, was involuntarily
8 committed or civilly confined to a facility under the jurisdiction of
9 the commissioner, to petition for relief from that disability where such
10 person's record and reputation are such that such person will not be
11 likely to act in a manner dangerous to public safety and where the
12 granting of the relief would not be contrary to public safety. The
13 commissioner shall promulgate regulations to establish the relief from
14 disabilities program, which shall include, but not be limited to,
15 provisions providing for: (i) an opportunity for a disqualified person
16 to petition for relief in writing; (ii) the authority for the agency to
17 require that the petitioner undergo a clinical evaluation and risk
18 assessment; and (iii) a requirement that the agency issue a decision in
19 writing explaining the reasons for a denial or grant of relief. The
20 denial of a petition for relief from disabilities may be reviewed de
21 novo pursuant to the proceedings under article seventy-eight of the
22 civil practice law and rules.
23 § 19. Subdivision (b) of section 9.46 of the mental hygiene law, as
24 added by chapter 1 of the laws of 2013, is amended to read as follows:
25 (b) Notwithstanding any other law to the contrary, when a mental
26 health professional currently providing treatment services to a person,
27 who resides in the county of Kings, Queens, Richmond, New York or Bronx,
28 determines, in the exercise of reasonable professional judgment, that
29 such person is likely to engage in conduct that would result in serious
30 harm to self or others, he or she shall be required to report, as soon
31 as practicable, to the director of community services, or the director's
32 designee, who shall report to the division of criminal justice services
33 whenever he or she agrees that the person is likely to engage in such
34 conduct. Information transmitted to the division of criminal justice
35 services shall be limited to names and other non-clinical identifying
36 information, which may only be used for determining whether a license
37 issued pursuant to section 400.00 of the penal law should be suspended
38 or revoked, or for determining whether a person is ineligible for a
39 license issued pursuant to section 400.00 of the penal law, or is no
40 longer permitted under state or federal law to possess a firearm.
41 § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
42 chapter 1 of the laws of 2013, is amended to read as follows:
43 22. "Assault weapon" means
44 (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
45 sion, a semiautomatic rifle that has an ability to accept a detachable
46 magazine and has at least two of the following characteristics:
47 (A) a folding or telescoping stock;
48 (B) a pistol grip that protrudes conspicuously beneath the action of
49 the weapon;
50 (C) a bayonet mount;
51 (D) a flash suppressor or threaded barrel designed to accommodate a
52 flash suppressor;
53 (E) a grenade launcher; or
54 (ii) a semiautomatic shotgun that has at least two of the following
55 characteristics:
56 (A) a folding or telescoping stock;
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1 (B) a pistol grip that protrudes conspicuously beneath the action of
2 the weapon;
3 (C) a fixed magazine capacity in excess of five rounds;
4 (D) an ability to accept a detachable magazine; or
5 (iii) a semiautomatic pistol that has an ability to accept a detacha-
6 ble magazine and has at least two of the following characteristics:
7 (A) an ammunition magazine that attaches to the pistol outside of the
8 pistol grip;
9 (B) a threaded barrel capable of accepting a barrel extender, flash
10 suppressor, forward handgrip, or silencer;
11 (C) a shroud that is attached to, or partially or completely encir-
12 cles, the barrel and that permits the shooter to hold the firearm with
13 the nontrigger hand without being burned;
14 (D) a manufactured weight of fifty ounces or more when the pistol is
15 unloaded;
16 (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
17 or
18 (iv) any of the weapons, or functioning frames or receivers of such
19 weapons, or copies or duplicates of such weapons, in any caliber, known
20 as:
21 (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
22 models);
23 (B) Action Arms Israeli Military Industries UZI and Galil;
24 (C) Beretta Ar70 (SC-70);
25 (D) Colt AR-15;
26 (E) Fabrique National FN/FAL, FN/LAR, and FNC;
27 (F) SWD M-10, M-11, M-11/9, and M-12;
28 (G) Steyr AUG;
29 (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
30 (I) revolving cylinder shotguns, such as (or similar to) the Street
31 Sweeper and Striker 12;
32 (v) provided, however, that such term does not include: (A) any rifle,
33 shotgun or pistol that (I) is manually operated by bolt, pump, lever or
34 slide action; (II) has been rendered permanently inoperable; or (III) is
35 an antique firearm as defined in 18 U.S.C. 921(a)(16);
36 (B) a semiautomatic rifle that cannot accept a detachable magazine
37 that holds more than five rounds of ammunition;
38 (C) a semiautomatic shotgun that cannot hold more than five rounds of
39 ammunition in a fixed or detachable magazine;
40 (D) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
41 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
42 manufactured on October first, nineteen hundred ninety-three. The mere
43 fact that a weapon is not listed in Appendix A shall not be construed to
44 mean that such weapon is an assault weapon; or
45 (E) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
46 pistol or any of the weapons defined in paragraph (d) of this subdivi-
47 sion lawfully possessed prior to September fourteenth, nineteen hundred
48 ninety-four; and
49 (b) (i) in the counties of Kings, Queens, Richmond, New York and
50 Bronx, a semiautomatic rifle that has an ability to accept a detachable
51 magazine and has at least one of the following characteristics:
52 [(i)] (A) a folding or telescoping stock;
53 [(ii)] (B) a pistol grip that protrudes conspicuously beneath the
54 action of the weapon;
55 [(iii)] (C) a thumbhole stock;
A. 5758 11
1 [(iv)] (D) a second handgrip or a protruding grip that can be held by
2 the non-trigger hand;
3 [(v)] (E) a bayonet mount;
4 [(vi)] (F) a flash suppressor, muzzle break, muzzle compensator, or
5 threaded barrel designed to accommodate a flash suppressor, muzzle
6 break, or muzzle compensator;
7 [(vii)] (G) a grenade launcher; or
8 [(b)] (ii) a semiautomatic shotgun that has at least one of the
9 following characteristics:
10 [(i)] (A) a folding or telescoping stock;
11 [(ii)] (B) a thumbhole stock;
12 [(iii)] (C) a second handgrip or a protruding grip that can be held by
13 the non-trigger hand;
14 [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
15 [(v)] (E) an ability to accept a detachable magazine; or
16 [(c)] (iii) a semiautomatic pistol that has an ability to accept a
17 detachable magazine and has at least one of the following character-
18 istics:
19 [(i)] (A) a folding or telescoping stock;
20 [(ii)] (B) a thumbhole stock;
21 [(iii)] (C) a second handgrip or a protruding grip that can be held by
22 the non-trigger hand;
23 [(iv)] (D) capacity to accept an ammunition magazine that attaches to
24 the pistol outside of the pistol grip;
25 [(v)] (E) a threaded barrel capable of accepting a barrel extender,
26 flash suppressor, forward handgrip, or silencer;
27 [(vi)] (F) a shroud that is attached to, or partially or completely
28 encircles, the barrel and that permits the shooter to hold the firearm
29 with the non-trigger hand without being burned;
30 [(vii)] (G) a manufactured weight of fifty ounces or more when the
31 pistol is unloaded; or
32 [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
33 firearm;
34 [(d)] (iv) a revolving cylinder shotgun;
35 [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
36 tomatic pistol or weapon defined in former subparagraph (v) of paragraph
37 (e) of subdivision twenty-two of section 265.00 of this chapter as added
38 by chapter one hundred eighty-nine of the laws of two thousand and
39 otherwise lawfully possessed pursuant to such chapter of the laws of two
40 thousand prior to September fourteenth, nineteen hundred ninety-four;
41 [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
42 tomatic pistol or weapon defined in this paragraph or paragraph (a)[,
43 (b) or (c)] of this subdivision, possessed prior to the date of enact-
44 ment of [the] chapter one of the laws of two thousand thirteen which
45 added this paragraph;
46 [(g)] (vii) provided, however, that such term does not include:
47 [(i)] (A) any rifle, shotgun or pistol that [(A)] (I) is manually
48 operated by bolt, pump, lever or slide action; [(B)] (II) has been
49 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
50 defined in 18 U.S.C. 921(a)(16);
51 [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
52 zine that holds more than five rounds of ammunition;
53 [(iii)] (C) a semiautomatic shotgun that cannot hold more than five
54 rounds of ammunition in a fixed or detachable magazine; or
55 [(iv)] (D) a rifle, shotgun or pistol, or a replica or a duplicate
56 thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was
A. 5758 12
1 manufactured on October first, nineteen hundred ninety-three. The mere
2 fact that a weapon is not listed in Appendix A shall not be construed to
3 mean that such weapon is an assault weapon;
4 [(v)] (E) any weapon validly registered pursuant to subdivision
5 sixteen-a of section 400.00 of this chapter. Such weapons shall be
6 subject to the provisions of [paragraph (h)] subparagraph (viii) of this
7 [subdivision] paragraph;
8 [(vi)] (F) any firearm, rifle, or shotgun that was manufactured at
9 least fifty years prior to the current date, but not including replicas
10 thereof that is validly registered pursuant to subdivision sixteen-a of
11 section 400.00 of this chapter;
12 [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
13 (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
14 nition feeding device that was legally possessed by an individual prior
15 to the enactment of [the] chapter one of the laws of two thousand thir-
16 teen which added this paragraph, may only be sold to, exchanged with or
17 disposed of to a purchaser authorized to possess such weapons or to an
18 individual or entity outside of the state provided that any such trans-
19 fer to an individual or entity outside of the state must be reported to
20 the entity wherein the weapon is registered within seventy-two hours of
21 such transfer. An individual who transfers any such weapon or large
22 capacity ammunition device to an individual inside New York state or
23 without complying with the provisions of this paragraph shall be guilty
24 of a class A misdemeanor unless such large capacity ammunition feeding
25 device, the possession of which is made illegal by [the] chapter one of
26 the laws of two thousand thirteen which added this [paragraph] subpara-
27 graph, is transferred within one year of the effective date of [the]
28 chapter one of the laws of two thousand thirteen which added this [para-
29 graph] subparagraph.
30 § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
31 chapter 1 of the laws of 2013, is amended to read as follows:
32 23. "Large capacity ammunition feeding device" means a magazine, belt,
33 drum, feed strip, or similar device, manufactured after September thir-
34 tieth, nineteen hundred ninety-four, that [(a)] has a capacity of, or
35 that can be readily restored or converted to accept, more than ten
36 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
37 tion, or (c) is obtained after the effective date of the chapter of the
38 laws of two thousand thirteen which amended this subdivision and has a
39 capacity of, or that can be readily restored or converted to accept,
40 more than seven rounds of ammunition]; provided, however, that such term
41 does not include an attached tubular device designed to accept, and
42 capable of operating only with, .22 caliber rimfire ammunition [or a
43 feeding device that is a curio or relic. A feeding device that is a
44 curio or relic is defined as a device that (i) was manufactured at least
45 fifty years prior to the current date, (ii) is only capable of being
46 used exclusively in a firearm, rifle, or shotgun that was manufactured
47 at least fifty years prior to the current date, but not including repli-
48 cas thereof, (iii) is possessed by an individual who is not prohibited
49 by state or federal law from possessing a firearm and (iv) is registered
50 with the division of state police pursuant to subdivision sixteen-a of
51 section 400.00 of this chapter, except such feeding devices transferred
52 into the state may be registered at any time, provided they are regis-
53 tered within thirty days of their transfer into the state. Notwithstand-
54 ing paragraph (h) of subdivision twenty-two of this section, such feed-
55 ing devices may be transferred provided that such transfer shall be
A. 5758 13
1 subject to the provisions of section 400.03 of this chapter including
2 the check required to be conducted pursuant to such section].
3 § 22. Subdivision 24 of section 265.00 of the penal law, as added by
4 chapter 1 of the laws of 2013, is amended to read as follows:
5 24. "Seller of ammunition" means any person, firm, partnership, corpo-
6 ration or company who engages in the business of purchasing, selling or
7 keeping ammunition in the county of Kings, Queens, Richmond, New York or
8 Bronx.
9 § 23. The opening paragraph of section 265.01-b of the penal law, as
10 added by chapter 1 of the laws of 2013, is amended to read as follows:
11 A person is guilty of criminal possession of a firearm when he or she,
12 being a resident of the county of Kings, Queens, Richmond, New York or
13 Bronx: (1) possesses any firearm or; (2) lawfully possesses a firearm
14 prior to the effective date of [the] chapter one of the laws of two
15 thousand thirteen which added this section subject to the registration
16 requirements of subdivision sixteen-a of section 400.00 of this chapter
17 and knowingly fails to register such firearm pursuant to such subdivi-
18 sion.
19 § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
20 penal law, paragraph 3 as amended and paragraph 7-f as added by chapter
21 1 of the laws of 2013, are amended to read as follows:
22 3. Possession of a pistol or revolver by a person to whom a license
23 therefor has been issued as provided under section 400.00 or 400.01 of
24 this chapter or possession, in the county of Kings, Queens, Richmond,
25 New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
26 paragraph [(e) or (f)] (b) of subdivision twenty-two of section 265.00
27 of this article which is registered pursuant to paragraph (a) of subdi-
28 vision sixteen-a of section 400.00 of this chapter or is included on an
29 amended license issued pursuant to section 400.00 of this chapter. In
30 the event such license is revoked, other than because such licensee is
31 no longer permitted to possess a firearm, rifle or shotgun under federal
32 or state law, information sufficient to satisfy the requirements of
33 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
34 mitted by the licensing officer to the division of state police, in a
35 form as determined by the superintendent of state police. Such trans-
36 mission shall constitute a valid registration under such section.
37 Further provided, notwithstanding any other section of this title, a
38 failure to register such weapon by an individual, in the county of
39 Kings, Queens, Richmond, New York or Bronx, who possesses such weapon
40 before the enactment of [the] chapter one of the laws of two thousand
41 thirteen which amended this paragraph and may so lawfully possess it
42 thereafter upon registration, shall only be subject to punishment pursu-
43 ant to paragraph (c) of subdivision sixteen-a of section 400.00 of this
44 chapter; provided, that such a license or registration shall not
45 preclude a conviction for the offense defined in subdivision three of
46 section 265.01 of this article or section 265.01-a of this article.
47 7-f. Possession and use of a magazine, belt, feed strip or similar
48 device, in the county of Kings, Queens, Richmond, New York or Bronx,
49 that contains more than seven rounds of ammunition, but that does not
50 have a capacity of or can readily be restored or converted to accept
51 more than ten rounds of ammunition, at an indoor or outdoor firing range
52 located in or on premises owned or occupied by a duly incorporated
53 organization organized for conservation purposes or to foster proficien-
54 cy in arms; at an indoor or outdoor firing range for the purpose of
55 firing a rifle or shotgun; at a collegiate, olympic or target shooting
56 competition under the auspices of or approved by the national rifle
A. 5758 14
1 association; or at an organized match sanctioned by the International
2 Handgun Metallic Silhouette Association.
3 § 25. The opening paragraph of section 265.36 of the penal law, as
4 added by chapter 1 of the laws of 2013, is amended to read as follows:
5 It shall be unlawful for a person, in the county of Kings, Queens,
6 Richmond, New York or Bronx, to knowingly possess a large capacity ammu-
7 nition feeding device manufactured before September thirteenth, nineteen
8 hundred ninety-four, and if such person lawfully possessed such large
9 capacity feeding device before the effective date of [the] chapter one
10 of the laws of two thousand thirteen which added this section, that has
11 a capacity of, or that can be readily restored or converted to accept,
12 more than ten rounds of ammunition.
13 § 26. The opening paragraph of section 265.37 of the penal law, as
14 amended by section 2 of part FF of chapter 57 of the laws of 2013, is
15 amended to read as follows:
16 It shall be unlawful for a person to knowingly possess, in the county
17 of Kings, Queens, Richmond, New York or Bronx, an ammunition feeding
18 device where such device contains more than seven rounds of ammunition.
19 § 27. The opening paragraph of section 265.45 of the penal law, as
20 amended by section 3 of part FF of chapter 57 of the laws of 2013, is
21 amended to read as follows:
22 No person, residing in the county of Kings, Queens, Richmond, New York
23 or Bronx, who owns or is custodian of a rifle, shotgun or firearm who
24 resides with an individual who such person knows or has reason to know
25 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)
26 (1), (4), (8) or (9) shall store or otherwise leave such rifle, shotgun
27 or firearm out of his or her immediate possession or control without
28 having first securely locked such rifle, shotgun or firearm in an appro-
29 priate safe storage depository or rendered it incapable of being fired
30 by use of a gun locking device appropriate to that weapon. For purposes
31 of this section "safe storage depository" shall mean a safe or other
32 secure container which, when locked, is incapable of being opened with-
33 out the key, combination or other unlocking mechanism and is capable of
34 preventing an unauthorized person from obtaining access to and
35 possession of the weapon contained therein. With respect to a person who
36 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
37 for purposes of this section, this section applies only if such person
38 has been convicted of a crime included in subdivision one of section
39 370.15 of the criminal procedure law and such gun is possessed within
40 five years from the later of the date of conviction or completion of
41 sentence. Nothing in this section shall be deemed to affect, impair or
42 supersede any special or local act relating to the safe storage of
43 rifles, shotguns or firearms which impose additional requirements on the
44 owner or custodian of such weapons.
45 § 28. Subdivision 1 of section 400.00 of the penal law, as amended by
46 chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
47 the laws of 2018, is amended to read as follows:
48 1. Eligibility. No license shall be issued or renewed pursuant to this
49 section except by the licensing officer, and then only after investi-
50 gation and finding that all statements in a proper application for a
51 license are true. No license shall be issued or renewed except for an
52 applicant (a) twenty-one years of age or older, provided, however, that
53 where such applicant has been honorably discharged from the United
54 States army, navy, marine corps, air force or coast guard, or the
55 national guard of the state of New York, no such age restriction shall
56 apply; (b) of good moral character; (c) who has not been convicted
A. 5758 15
1 anywhere of a felony or a serious offense or who is not the subject of
2 an outstanding warrant of arrest issued upon the alleged commission of a
3 felony or serious offense; (d) who is not a fugitive from justice; (e)
4 who is not an unlawful user of or addicted to any controlled substance
5 as defined in section 21 U.S.C. 802; (f) who being an alien (i) is not
6 illegally or unlawfully in the United States or (ii) has not been admit-
7 ted to the United States under a nonimmigrant visa subject to the excep-
8 tion in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the
9 Armed Forces under dishonorable conditions; (h) who, having been a citi-
10 zen of the United States, has not renounced his or her citizenship; (i)
11 who has stated whether he or she has ever suffered any mental illness;
12 (j) who, being a resident of the county of Kings, Queens, Richmond, New
13 York or Bronx, has not been involuntarily committed to a facility under
14 the jurisdiction of an office of the department of mental hygiene pursu-
15 ant to article nine or fifteen of the mental hygiene law, article seven
16 hundred thirty or section 330.20 of the criminal procedure law, section
17 four hundred two or five hundred eight of the correction law, section
18 322.2 or 353.4 of the family court act, or has not been civilly confined
19 in a secure treatment facility pursuant to article ten of the mental
20 hygiene law; (k) who has not had a license revoked or who is not under a
21 suspension or ineligibility order issued pursuant to the provisions of
22 section 530.14 of the criminal procedure law or section eight hundred
23 forty-two-a of the family court act; (l) in the county of Westchester,
24 who has successfully completed a firearms safety course and test as
25 evidenced by a certificate of completion issued in his or her name and
26 endorsed and affirmed under the penalties of perjury by a duly author-
27 ized instructor, except that: (i) persons who are honorably discharged
28 from the United States army, navy, marine corps or coast guard, or of
29 the national guard of the state of New York, and produce evidence of
30 official qualification in firearms during the term of service are not
31 required to have completed those hours of a firearms safety course
32 pertaining to the safe use, carrying, possession, maintenance and stor-
33 age of a firearm; and (ii) persons who were licensed to possess a pistol
34 or revolver prior to the effective date of this paragraph are not
35 required to have completed a firearms safety course and test; (m) who,
36 being a resident of the county of Kings, Queens, Richmond, New York or
37 Bronx, has not had a guardian appointed for him or her pursuant to any
38 provision of state law, based on a determination that as a result of
39 marked subnormal intelligence, mental illness, incapacity, condition or
40 disease, he or she lacks the mental capacity to contract or manage his
41 or her own affairs; and (n) concerning whom no good cause exists for the
42 denial of the license. No person shall engage in the business of
43 gunsmith or dealer in firearms unless licensed pursuant to this section.
44 An applicant to engage in such business shall also be a citizen of the
45 United States, more than twenty-one years of age and maintain a place of
46 business in the city or county where the license is issued. For such
47 business, if the applicant is a firm or partnership, each member thereof
48 shall comply with all of the requirements set forth in this subdivision
49 and if the applicant is a corporation, each officer thereof shall so
50 comply.
51 § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
52 law, as amended by chapter 1 of the laws of 2013, are amended to read as
53 follows:
54 4. Investigation. Before a license is issued or renewed, there shall
55 be an investigation of all statements required in the application by the
56 duly constituted police authorities of the locality where such applica-
A. 5758 16
1 tion is made[, including but not limited to such records as may be
2 accessible to the division of state police or division of criminal
3 justice services pursuant to section 400.02 of this article]. For that
4 purpose, the records of the appropriate office of the department of
5 mental hygiene concerning previous or present mental illness of the
6 applicant shall be available for inspection by the investigating officer
7 of the police authority. In order to ascertain any previous criminal
8 record, the investigating officer shall take the fingerprints and phys-
9 ical descriptive data in quadruplicate of each individual by whom the
10 application is signed and verified. Two copies of such fingerprints
11 shall be taken on standard fingerprint cards eight inches square, and
12 one copy may be taken on a card supplied for that purpose by the federal
13 bureau of investigation; provided, however, that in the case of a corpo-
14 rate applicant that has already been issued a dealer in firearms license
15 and seeks to operate a firearm dealership at a second or subsequent
16 location, the original fingerprints on file may be used to ascertain any
17 criminal record in the second or subsequent application unless any of
18 the corporate officers have changed since the prior application, in
19 which case the new corporate officer shall comply with procedures
20 governing an initial application for such license. When completed, one
21 standard card shall be forwarded to and retained by the division of
22 criminal justice services in the executive department, at Albany. A
23 search of the files of such division and written notification of the
24 results of the search to the investigating officer shall be made without
25 unnecessary delay. Thereafter, such division shall notify the licensing
26 officer and the executive department, division of state police, Albany,
27 of any criminal record of the applicant filed therein subsequent to the
28 search of its files. A second standard card, or the one supplied by the
29 federal bureau of investigation, as the case may be, shall be forwarded
30 to that bureau at Washington with a request that the files of the bureau
31 be searched and notification of the results of the search be made to the
32 investigating police authority. Of the remaining two fingerprint cards,
33 one shall be filed with the executive department, division of state
34 police, Albany, within ten days after issuance of the license, and the
35 other remain on file with the investigating police authority. No such
36 fingerprints may be inspected by any person other than a peace officer,
37 who is acting pursuant to his special duties, or a police officer,
38 except on order of a judge or justice of a court of record either upon
39 notice to the licensee or without notice, as the judge or justice may
40 deem appropriate. Upon completion of the investigation, the police
41 authority shall report the results to the licensing officer without
42 unnecessary delay.
43 5. Filing of approved applications. (a) The application for any
44 license, if granted, shall be filed by the licensing officer with the
45 clerk of the county of issuance, except that in the city of New York
46 and, in the counties of Nassau and Suffolk, the licensing officer shall
47 designate the place of filing in the appropriate division, bureau or
48 unit of the police department thereof, and in the county of Suffolk the
49 county clerk is hereby authorized to transfer all records or applica-
50 tions relating to firearms to the licensing authority of that county.
51 Except as provided in paragraphs (b) through [f] (e) of this subdivi-
52 sion, the name and address of any person to whom an application for any
53 license has been granted shall be a public record. Upon application by a
54 licensee who has changed his place of residence such records or applica-
55 tions shall be transferred to the appropriate officer at the licensee's
56 new place of residence. A duplicate copy of such application shall be
A. 5758 17
1 filed by the licensing officer in the executive department, division of
2 state police, Albany, within ten days after issuance of the license. The
3 superintendent of state police may designate that such application shall
4 be transmitted to the division of state police electronically. In the
5 event the superintendent of the division of state police determines that
6 it lacks any of the records required to be filed with the division, it
7 may request that such records be provided to it by the appropriate
8 clerk, department or authority and such clerk, department or authority
9 shall provide the division with such records. In the event such clerk,
10 department or authority lacks such records, the division may request the
11 license holder provide information sufficient to constitute such record
12 and such license holder shall provide the division with such informa-
13 tion. Such information shall be limited to the license holder's name,
14 date of birth, gender, race, residential address, social security number
15 and firearms possessed by said license holder. Nothing in this subdivi-
16 sion shall be construed to change the expiration date or term of such
17 licenses if otherwise provided for in law. [Records assembled or
18 collected for purposes of inclusion in the database established by this
19 section shall be released pursuant to a court order. Records assembled
20 or collected for purposes of inclusion in the database created pursuant
21 to section 400.02 of this chapter shall not be subject to disclosure
22 pursuant to article six of the public officers law.]
23 (b) Each application for a license pursuant to paragraph (a) of this
24 subdivision shall include, on a separate written form prepared by the
25 division of state police within thirty days of the effective date of
26 [the] chapter one of the laws of two thousand thirteen, which amended
27 this section, and provided to the applicant at the same time and in the
28 same manner as the application for a license, an opportunity for the
29 applicant to request an exception from his or her application informa-
30 tion becoming public record pursuant to paragraph (a) of this subdivi-
31 sion. Such forms, which shall also be made available to individuals who
32 had applied for or been granted a license prior to the effective date of
33 [the] chapter one of the laws of two thousand thirteen which amended
34 this section, shall notify applicants that, upon discovery that an
35 applicant knowingly provided false information, such applicant may be
36 subject to penalties pursuant to section 175.30 of this chapter, and
37 further, that his or her request for an exception shall be null and
38 void, provided that written notice containing such determination is
39 provided to the applicant. Further, such forms shall provide each appli-
40 cant an opportunity to specify the grounds on which he or she believes
41 his or her application information should not be publicly disclosed.
42 These grounds, which shall be identified on the application with a box
43 beside each for checking, as applicable, by the applicant, shall be as
44 follows:
45 (i) the applicant's life or safety may be endangered by disclosure
46 because:
47 (A) the applicant is an active or retired police officer, peace offi-
48 cer, probation officer, parole officer, or corrections officer;
49 (B) the applicant is a protected person under a currently valid order
50 of protection;
51 (C) the applicant is or was a witness in a criminal proceeding involv-
52 ing a criminal charge;
53 (D) the applicant is participating or previously participated as a
54 juror in a criminal proceeding, or is or was a member of a grand jury;
55 or
A. 5758 18
1 (E) the applicant is a spouse, domestic partner or household member of
2 a person identified in this subparagraph or subparagraph (ii) of this
3 paragraph, specifying which subparagraph or subparagraphs and clauses
4 apply.
5 (ii) the applicant has reason to believe his or her life or safety may
6 be endangered by disclosure due to reasons stated by the applicant.
7 (iii) the applicant has reason to believe he or she may be subject to
8 unwarranted harassment upon disclosure of such information.
9 (c) [Each form provided for recertification pursuant to paragraph (b)
10 of subdivision ten of this section shall include an opportunity for the
11 applicant to request an exception from the information provided on such
12 form becoming public record pursuant to paragraph (a) of this subdivi-
13 sion. Such forms shall notify applicants that, upon discovery that an
14 applicant knowingly provided false information, such applicant may be
15 subject to penalties pursuant to section 175.30 of this chapter, and
16 further, that his or her request for an exception shall be null and
17 void, provided that written notice containing such determination is
18 provided to the applicant. Further, such forms shall provide each appli-
19 cant an opportunity to either decline to request the grant or continua-
20 tion of an exception, or specify the grounds on which he or she believes
21 his or her information should not be publicly disclosed. These grounds,
22 which shall be identified in the application with a box beside each for
23 checking, as applicable, by the applicant, shall be the same as provided
24 in paragraph (b) of this subdivision.
25 (d)] Information submitted on the forms described in paragraph (b) of
26 this subdivision shall be excepted from disclosure and maintained by the
27 entity retaining such information separate and apart from all other
28 records.
29 [(e)] (d) (i) Upon receiving a request for exception from disclosure,
30 the licensing officer shall grant such exception, unless the request is
31 determined to be null and void, pursuant to paragraph (b)[ or (c)] of
32 this subdivision.
33 (ii) A request for an exception from disclosure may be submitted at
34 any time, including after a license or recertification has been granted.
35 (iii) If an exception is sought and granted pursuant to paragraph (b)
36 of this subdivision, the application information shall not be public
37 record, unless the request is determined to be null and void.[If an
38 exception is sought and granted pursuant to paragraph (c) of this subdi-
39 vision, the information concerning such recertification application
40 shall not be public record, unless the request is determined to be null
41 and void.]
42 [(f)] (e) The information of licensees or applicants for a license
43 shall not be disclosed to the public during the first one hundred twenty
44 days following the effective date of [the] chapter one of the laws of
45 two thousand thirteen, which amended this section. After such period,
46 the information of those who had applied for or been granted a license
47 prior to the preparation of the form for requesting an exception, pursu-
48 ant to paragraph (b) of this subdivision, may be released only if such
49 individuals did not file a request for such an exception during the
50 first sixty days following such preparation; provided, however, that no
51 information contained in an application for licensure or recertification
52 shall be disclosed by an entity that has not completed processing any
53 such requests received during such sixty days.
54 [(g)] (f) If a request for an exception is determined to be null and
55 void pursuant to paragraph (b) [or (c)] of this subdivision, an appli-
56 cant may request review of such determination pursuant to article seven-
A. 5758 19
1 ty-eight of the civil practice [laws] law and rules. Such proceeding
2 must commence within thirty days after service of the written notice
3 containing the adverse determination. Notice of the right to commence
4 such a petition, and the time period therefor, shall be included in the
5 notice of the determination. Disclosure following such a petition shall
6 not be made prior to the disposition of such review.
7 10. License: expiration, certification and renewal. [(a)] Any license
8 for gunsmith or dealer in firearms and, in the city of New York, any
9 license to carry or possess a pistol or revolver, issued at any time
10 pursuant to this section or prior to the first day of July, nineteen
11 hundred sixty-three and not limited to expire on an earlier date fixed
12 in the license, shall expire not more than three years after the date of
13 issuance. In the counties of Nassau, Suffolk and Westchester, any
14 license to carry or possess a pistol or revolver, issued at any time
15 pursuant to this section or prior to the first day of July, nineteen
16 hundred sixty-three and not limited to expire on an earlier date fixed
17 in the license, shall expire not more than five years after the date of
18 issuance; however, in the county of Westchester, any such license shall
19 be certified prior to the first day of April, two thousand, in accord-
20 ance with a schedule to be contained in regulations promulgated by the
21 commissioner of the division of criminal justice services, and every
22 such license shall be recertified every five years thereafter. For
23 purposes of this section certification shall mean that the licensee
24 shall provide to the licensing officer the following information only:
25 current name, date of birth, current address, and the make, model, cali-
26 ber and serial number of all firearms currently possessed. Such certif-
27 ication information shall be filed by the licensing officer in the same
28 manner as an amendment. Elsewhere than in the city of New York and the
29 counties of Nassau, Suffolk and Westchester, any license to carry or
30 possess a pistol or revolver, issued at any time pursuant to this
31 section or prior to the first day of July, nineteen hundred sixty-three
32 and not previously revoked or cancelled, shall be in force and effect
33 until revoked as herein provided. Any license not previously cancelled
34 or revoked shall remain in full force and effect for thirty days beyond
35 the stated expiration date on such license. Any application to renew a
36 license that has not previously expired, been revoked or cancelled shall
37 thereby extend the term of the license until disposition of the applica-
38 tion by the licensing officer. In the case of a license for gunsmith or
39 dealer in firearms, in counties having a population of less than two
40 hundred thousand inhabitants, photographs and fingerprints shall be
41 submitted on original applications and upon renewal thereafter only at
42 six year intervals. Upon satisfactory proof that a currently valid
43 original license has been despoiled, lost or otherwise removed from the
44 possession of the licensee and upon application containing an additional
45 photograph of the licensee, the licensing officer shall issue a dupli-
46 cate license.
47 [(b) All licensees shall be recertified to the division of state
48 police every five years thereafter. Any license issued before the effec-
49 tive date of the chapter of the laws of two thousand thirteen which
50 added this paragraph shall be recertified by the licensee on or before
51 January thirty-first, two thousand eighteen, and not less than one year
52 prior to such date, the state police shall send a notice to all license
53 holders who have not recertified by such time. Such recertification
54 shall be in a form as approved by the superintendent of state police,
55 which shall request the license holder's name, date of birth, gender,
56 race, residential address, social security number, firearms possessed by
A. 5758 20
1 such license holder, email address at the option of the license holder
2 and an affirmation that such license holder is not prohibited from
3 possessing firearms. The form may be in an electronic form if so desig-
4 nated by the superintendent of state police. Failure to recertify shall
5 act as a revocation of such license. If the New York state police
6 discover as a result of the recertification process that a licensee
7 failed to provide a change of address, the New York state police shall
8 not require the licensing officer to revoke such license.]
9 11. License: revocation and suspension. (a) The conviction of a licen-
10 see anywhere of a felony or serious offense [or a licensee at any time
11 becoming ineligible to obtain a license under this section] shall oper-
12 ate as a revocation of the license. A license may be revoked or
13 suspended as provided for in section 530.14 of the criminal procedure
14 law or section eight hundred forty-two-a of the family court act. Except
15 for a license issued pursuant to section 400.01 of this article, a
16 license may be revoked and cancelled at any time in the city of New
17 York, and in the counties of Nassau and Suffolk, by the licensing offi-
18 cer, and elsewhere than in the city of New York by any judge or justice
19 of a court of record; a license issued pursuant to section 400.01 of
20 this article may be revoked and cancelled at any time by the licensing
21 officer or any judge or justice of a court of record. The official
22 revoking a license shall give written notice thereof without unnecessary
23 delay to the executive department, division of state police, Albany, and
24 shall also notify immediately the duly constituted police authorities of
25 the locality.
26 (b) Whenever the director of community services in the counties of
27 Kings, Queens, Richmond, New York and Bronx, or his or her designee
28 makes a report pursuant to section 9.46 of the mental hygiene law, the
29 division of criminal justice services shall convey such information,
30 whenever it determines that the person named in the report possesses a
31 license issued pursuant to this section, to the appropriate licensing
32 official, who shall issue an order suspending or revoking such license.
33 (c) In any instance in which a person's license is suspended or
34 revoked under paragraph (a) or (b) of this subdivision, such person
35 shall surrender such license to the appropriate licensing official and
36 any and all firearms, rifles, or shotguns owned or possessed by such
37 person shall be surrendered to an appropriate law enforcement agency as
38 provided in subparagraph (f) of paragraph one of subdivision a of
39 section 265.20 of this chapter. In the event such license, firearm,
40 shotgun, or rifle is not surrendered, such items shall be removed and
41 declared a nuisance and any police officer or peace officer acting
42 pursuant to his or her special duties is authorized to remove any and
43 all such weapons.
44 12. Records required of gunsmiths and dealers in firearms. Any person
45 licensed as gunsmith or dealer in firearms shall keep a record book
46 approved as to form, except in the city of New York, by the superinten-
47 dent of state police. In the record book shall be entered at the time of
48 every transaction involving a firearm the date, name, age, occupation
49 and residence of any person from whom a firearm is received or to whom a
50 firearm is delivered, and the calibre, make, model, manufacturer's name
51 and serial number, or if none, any other distinguishing number or iden-
52 tification mark on such firearm. Before delivering a firearm to any
53 person, the licensee shall require him to produce either a license valid
54 under this section to carry or possess the same, or proof of lawful
55 authority as an exempt person pursuant to section 265.20 of this
56 chapter. In addition, before delivering a firearm to a peace officer,
A. 5758 21
1 the licensee shall verify that person's status as a peace officer with
2 the division of state police. After completing the foregoing, the licen-
3 see shall remove and retain the attached coupon and enter in the record
4 book the date of such license, number, if any, and name of the licensing
5 officer, in the case of the holder of a license to carry or possess, or
6 the shield or other number, if any, assignment and department, unit or
7 agency, in the case of an exempt person. The original transaction report
8 shall be forwarded to the division of state police within ten days of
9 delivering a firearm to any person, and a duplicate copy shall be kept
10 by the licensee. The superintendent of state police may designate that
11 such record shall be completed and transmitted in electronic form. A
12 dealer may be granted a waiver from transmitting such records in elec-
13 tronic form if the superintendent determines that such dealer is incapa-
14 ble of such transmission due to technological limitations that are not
15 reasonably within the control of the dealer, or other exceptional
16 circumstances demonstrated by the dealer, pursuant to a process estab-
17 lished in regulation, and at the discretion of the superintendent.
18 [Records assembled or collected for purposes of inclusion in the data-
19 base created pursuant to section 400.02 of this article shall not be
20 subject to disclosure pursuant to article six of the public officers
21 law.] The record book shall be maintained on the premises mentioned and
22 described in the license and shall be open at all reasonable hours for
23 inspection by any peace officer, acting pursuant to his special duties,
24 or police officer. In the event of cancellation or revocation of the
25 license for gunsmith or dealer in firearms, or discontinuance of busi-
26 ness by a licensee, such record book shall be immediately surrendered to
27 the licensing officer in the city of New York, and in the counties of
28 Nassau and Suffolk, and elsewhere in the state to the executive depart-
29 ment, division of state police.
30 § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
31 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
32 the laws of 2013, is amended to read as follows:
33 16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
34 or (f)] subparagraph (v) or (vi) of paragraph (b) of subdivision twen-
35 ty-two of section 265.00 of this chapter, who resides in the county of
36 Kings, Queens, Richmond, New York or Bronx, possessed before the date of
37 the effective date of [the] chapter one of the laws of two thousand
38 thirteen which added this paragraph, must make an application to regis-
39 ter such weapon with the superintendent of state police, in the manner
40 provided by the superintendent, or by amending a license issued pursuant
41 to this section within one year of the effective date of this subdivi-
42 sion except any weapon defined under [subparagraph (vi)] clause (F) of
43 subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-two of
44 section 265.00 of this chapter transferred into the state may be regis-
45 tered at any time, provided such weapons are registered within thirty
46 days of their transfer into the state. Registration information shall
47 include the registrant's name, date of birth, gender, race, residential
48 address, social security number and a description of each weapon being
49 registered. A registration in the county of Kings, Queens, Richmond, New
50 York or Bronx, of any weapon defined under [subparagraph (vi)] clause
51 (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-
52 two of section 265.00 or a feeding device as defined under subdivision
53 twenty-three of section 265.00 of this chapter shall be transferable,
54 provided that the seller notifies the division of state police within
55 seventy-two hours of the transfer and the buyer provides the division of
56 state police with information sufficient to constitute a registration
A. 5758 22
1 under this section. Such registration shall not be valid if such regis-
2 trant is prohibited or becomes prohibited from possessing a firearm
3 pursuant to state or federal law. The superintendent shall determine
4 whether such registrant is prohibited from possessing a firearm under
5 state or federal law. Such check shall be limited to determining whether
6 the factors in 18 USC 922 (g) apply or whether a registrant has been
7 convicted of a serious offense as defined in subdivision sixteen-b of
8 section 265.00 of this chapter, so as to prohibit such registrant from
9 possessing a firearm, and whether a report has been issued pursuant to
10 section 9.46 of the mental hygiene law. [All] Such registrants shall
11 recertify to the division of state police every five years thereafter.
12 Failure to recertify shall result in a revocation of such registration.
13 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
14 this subdivision, an owner, who resides in the county of Kings, Queens,
15 Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
16 sion twenty-two of section 265.00 of this chapter, who is a qualified
17 retired New York or federal law enforcement officer as defined in subdi-
18 vision twenty-five of section 265.00 of this chapter, where such weapon
19 was issued to or purchased by such officer prior to retirement and in
20 the course of his or her official duties, and for which such officer was
21 qualified by the agency that employed such officer within twelve months
22 prior to his or her retirement, must register such weapon within sixty
23 days of retirement.
24 (b) The superintendent of state police shall create and maintain an
25 internet website to educate the public, who reside in the county of
26 Kings, Queens, Richmond, New York or Bronx, as to which semiautomatic
27 rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are
28 illegal as a result of the enactment of [the] chapter one of the laws of
29 two thousand thirteen which added this paragraph, as well as such
30 assault weapons which are illegal pursuant to article two hundred
31 sixty-five of this chapter. Such website shall contain information to
32 assist [the] such public in recognizing the relevant features proscribed
33 by such article two hundred sixty-five, as well as which make and model
34 of weapons that require registration.
35 (c) A person, who resides in the county of Kings, Queens, Richmond,
36 New York or Bronx, who knowingly fails to apply to register such weapon,
37 as required by this section, within one year of the effective date of
38 [the] chapter one of the laws of two thousand thirteen which added this
39 paragraph shall be guilty of a class A misdemeanor and such person who
40 unknowingly fails to validly register such weapon within such one year
41 period shall be given a warning by an appropriate law enforcement
42 authority about such failure and given thirty days in which to apply to
43 register such weapon or to surrender it. A failure to apply or surrender
44 such weapon within such thirty-day period shall result in such weapon
45 being removed by an appropriate law enforcement authority and declared a
46 nuisance.
47 § 31. Section 400.02 of the penal law is REPEALED.
48 § 32. Section 400.03 of the penal law, as added by chapter 1 of the
49 laws of 2013, is amended to read as follows:
50 § 400.03 Sellers of ammunition.
51 1. A seller of ammunition as defined in subdivision twenty-four of
52 section 265.00 of this chapter doing business in the county of Kings,
53 Queens, Richmond, New York or Bronx, shall register with the superinten-
54 dent of state police in a manner provided by the superintendent. Any
55 dealer in firearms that is validly licensed pursuant to section 400.00
56 of this article shall not be required to complete such registration.
A. 5758 23
1 2. Any seller of ammunition or dealer in firearms doing business in
2 the county of Kings, Queens, Richmond, New York or Bronx, shall keep a
3 record book approved as to form by the superintendent of state police.
4 In the record book shall be entered at the time of every transaction
5 involving ammunition the date, name, age, occupation and residence of
6 any person from whom ammunition is received or to whom ammunition is
7 delivered, and the amount, calibre, manufacturer's name and serial
8 number, or if none, any other distinguishing number or identification
9 mark on such ammunition. The record book shall be maintained on the
10 premises mentioned and described in the license and shall be open at all
11 reasonable hours for inspection by any peace officer, acting pursuant to
12 his or her special duties, or police officer. Any record produced pursu-
13 ant to this section and any transmission thereof to any government agen-
14 cy shall not be considered a public record for purposes of article six
15 of the public officers law.
16 3. [No later than thirty days after the superintendent of the state
17 police certifies that the statewide license and record database estab-
18 lished pursuant to section 400.02 of this article is operational for the
19 purposes of this section, a] A dealer in firearms licensed pursuant to
20 section 400.00 of this article, a seller of ammunition as defined in
21 subdivision twenty-four of section 265.00 of this chapter doing business
22 in the county of Kings, Queens, Richmond, New York or Bronx, shall not
23 transfer any ammunition to any other person who is not a dealer in
24 firearms as defined in subdivision nine of such section 265.00 or a
25 seller of ammunition as defined in subdivision twenty-four of section
26 265.00 of this chapter, unless:
27 (a) before the completion of the transfer, the licensee or seller
28 contacts the [statewide license and record database] superintendent of
29 state police and provides the [database] superintendent with information
30 sufficient to identify such dealer or seller, transferee based on infor-
31 mation on the transferee's identification document as defined in para-
32 graph (c) of this subdivision, as well as the amount, calibre, manufac-
33 turer's name and serial number, if any, of such ammunition;
34 (b) the [system] superintendent provides the licensee or seller with a
35 unique identification number; and
36 (c) the transferor has verified the identity of the transferee by
37 examining a valid state identification document of the transferee issued
38 by the department of motor vehicles or if the transferee is not a resi-
39 dent of the state of New York, a valid identification document issued by
40 the transferee's state or country of residence containing a photograph
41 of the transferee.
42 4. If the [database] superintendent of state police determines that
43 the purchaser of ammunition is eligible to possess ammunition pursuant
44 to state and federal laws, [the system] he or she shall:
45 (a) assign a unique identification number to the transfer; and
46 (b) provide the licensee or seller with the number.
47 5. If the [statewide license and record database] superintendent of
48 state police notifies the licensee or seller that the information avail-
49 able [to the database] does not demonstrate that the receipt of ammuni-
50 tion by such other person would violate 18 U.S.C. 922(g) or state law,
51 and the licensee transfers ammunition to such other person, the licensee
52 shall indicate to the [database] superintendent that such transaction
53 has been completed at which point a record of such transaction shall be
54 created which shall be accessible by the division of state police and
55 maintained for no longer than one year from point of purchase[, which
56 shall not be incorporated into the database established pursuant to
A. 5758 24
1 section 400.02 of this article or the registry established pursuant to
2 subdivision sixteen-a of section 400.00 of this article]. The division
3 of state police may share such information with a local law enforcement
4 agency. Evidence of the purchase of ammunition is not sufficient to
5 establish probable cause to believe that the purchaser has committed a
6 crime absent other information tending to prove the commission of a
7 crime. Records assembled or accessed pursuant to this section shall not
8 be subject to disclosure pursuant to article six of the public officers
9 law. This requirement of this section shall not apply (i) if a back-
10 ground check cannot be completed because the system is not operational
11 as determined by the superintendent of state police, or where it cannot
12 be accessed by the practitioner due to a temporary technological or
13 electrical failure, as set forth in regulation, or (ii) a dealer or
14 seller has been granted a waiver from conducting such background check
15 if the superintendent of state police determines that such dealer is
16 incapable of such check due to technological limitations that are not
17 reasonably within the control of the dealer, or other exceptional
18 circumstances demonstrated by the dealer, pursuant to a process estab-
19 lished in regulation, and at the discretion of such superintendent.
20 6. If the superintendent of state police certifies that background
21 checks of ammunition purchasers in the county of Kings, Queens, Rich-
22 mond, New York or Bronx may be conducted through the national instant
23 criminal background check system, use of that system by a dealer or
24 seller shall be sufficient to satisfy subdivisions four and five of this
25 section and such checks shall be conducted through such system, provided
26 that a record of such transaction shall be forwarded to the state police
27 in a form determined by the superintendent.
28 7. No commercial transfer of ammunition shall take place in the county
29 of Kings, Queens, Richmond, New York or Bronx unless a licensed dealer
30 in firearms or registered seller of ammunition acts as an intermediary
31 between the transferor and the ultimate transferee of the ammunition for
32 the purposes of contacting the statewide license and record database
33 pursuant to this section. Such transfer between the dealer or seller,
34 and transferee must occur in person.
35 8. A seller of ammunition who fails to register pursuant to this
36 section and sells ammunition, for a first offense, shall be guilty of a
37 violation and subject to the fine of one thousand dollars and for a
38 second offense, shall be guilty of a class A misdemeanor.
39 A seller of ammunition that fails to keep any record required pursuant
40 to this section, for a first offense shall be guilty of a violation and
41 subject to a fine of five hundred dollars, and for a second offense
42 shall be guilty of a class B misdemeanor, and the registration of such
43 seller shall be revoked.
44 § 33. Paragraph (a) of subdivision 1 and subdivision 3 of section
45 400.10 of the penal law, as amended by chapter 1 of the laws of 2013,
46 are amended to read as follows:
47 (a) Any owner or other person lawfully in possession of: (i) a
48 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
49 on; (ii) in the county of Kings, Queens, Richmond, New York or Bronx,
50 ammunition as well as a firearm, rifle or shotgun who suffers the loss
51 or theft of such ammunition as well as a firearm, rifle or shotgun; or
52 (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
53 nition and is a dealer in firearms or seller of ammunition who suffers
54 the loss or theft of such ammunition shall within twenty-four hours of
55 the discovery of the loss or theft report the facts and circumstances of
56 the loss or theft to a police department or sheriff's office.
A. 5758 25
1 3. Notwithstanding any other provision of law, a violation of para-
2 graph (a) of subdivision one of this section shall be [a class A misde-
3 meanor] punishable only by a fine not to exceed one hundred dollars.
4 § 34. Section 2509 of the surrogate's court procedure act, as added by
5 chapter 1 of the laws of 2013, is amended to read as follows:
6 § 2509. Firearms inventory
7 Whenever, by regulation, rule or statute, a fiduciary or attorney of
8 record in the county of Kings, Queens, Richmond, New York or Bronx must
9 file a list of assets constituting a decedent's estate, such list must
10 include a particularized description of every firearm, shotgun and
11 rifle, as such terms are defined in section 265.00 of the penal law,
12 that are part of such estate. Such list must be filed with the surro-
13 gate's court in the county in which the estate proceeding, if any, is
14 pending and a copy must be filed with the division of criminal justice
15 services.
16 § 35. This act shall take effect immediately.