STATE OF NEW YORK
________________________________________________________________________
3383
2025-2026 Regular Sessions
IN SENATE
January 27, 2025
___________
Introduced by Sens. GRIFFO, BORRELLO, GALLIVAN, HELMING, OBERACKER,
PALUMBO, STEC, WALCZYK, WEIK -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the general business law and the execu-
tive law, in relation to licensing and other provisions relating to
firearms; and to repeal certain provisions of the penal law, the exec-
utive law, the general business law, the state finance law and chapter
371 of the laws of 2022 amending the penal law and other laws relating
to licensing and other provisions relating to firearms, relating ther-
eto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The section heading and subdivisions 1, 1-a, 1-b, 2, 4-a,
2 4-b, 4-c, 10 and 11 of section 400.00 of the penal law, as amended by
3 chapter 371 of the laws of 2022, subdivision 1 as separately amended by
4 chapter 669 of the laws of 2022, are amended to read as follows:
5 [Licensing and other provisions relating to] Licenses to carry, possess,
6 repair and dispose of firearms.
7 1. Eligibility. No license shall be issued or renewed pursuant to this
8 section except by the licensing officer, and then only after investi-
9 gation and finding that all statements in a proper application for a
10 license are true. No license shall be issued or renewed except for an
11 applicant (a) twenty-one years of age or older, provided, however, that
12 where such applicant has been honorably discharged from the United
13 States army, navy, marine corps, air force or coast guard, or the
14 national guard of the state of New York, no such age restriction shall
15 apply; (b) of good moral character[, which, for the purposes of this
16 article, shall mean having the essential character, temperament and
17 judgement necessary to be entrusted with a weapon and to use it only in
18 a manner that does not endanger oneself or others]; (c) who has not been
19 convicted anywhere of a felony or a serious offense or who is not the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06780-01-5
S. 3383 2
1 subject of an outstanding warrant of arrest issued upon the alleged
2 commission of a felony or serious offense; (d) who is not a fugitive
3 from justice; (e) who is not an unlawful user of or addicted to any
4 controlled substance as defined in section 21 U.S.C. 802; (f) who being
5 a noncitizen (i) is not illegally or unlawfully in the United States or
6 (ii) has not been admitted to the United States under a nonimmigrant
7 visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not
8 been discharged from the Armed Forces under dishonorable conditions; (h)
9 who, having been a citizen of the United States, has not renounced [his
10 or her] their citizenship; (i) who has stated whether [he or she has]
11 they have ever suffered any mental illness; (j) who has not been invol-
12 untarily committed to a facility under the jurisdiction of an office of
13 the department of mental hygiene pursuant to article nine or fifteen of
14 the mental hygiene law, article seven hundred thirty or section 330.20
15 of the criminal procedure law [or substantially similar laws of any
16 other state], section four hundred two or five hundred eight of the
17 correction law, section 322.2 or 353.4 of the family court act, has not
18 been civilly confined in a secure treatment facility pursuant to article
19 ten of the mental hygiene law, or has not been the subject of a report
20 made pursuant to section 9.46 of the mental hygiene law; (k) who has not
21 had a license revoked or who is not under a suspension or ineligibility
22 order issued pursuant to the provisions of section 530.14 of the crimi-
23 nal procedure law or section eight hundred forty-two-a of the family
24 court act; (l) in the county of Westchester, who has successfully
25 completed a firearms safety course and test as evidenced by a certif-
26 icate of completion issued in [his or her] their name and endorsed and
27 affirmed under the penalties of perjury by a duly authorized instructor,
28 except that: (i) persons who are honorably discharged from the United
29 States army, navy, marine corps or coast guard, or of the national guard
30 of the state of New York, and produce evidence of official qualification
31 in firearms during the term of service are not required to have
32 completed those hours of a firearms safety course pertaining to the safe
33 use, carrying, possession, maintenance and storage of a firearm; and
34 (ii) persons who were licensed to possess a pistol or revolver prior to
35 the effective date of this paragraph are not required to have completed
36 a firearms safety course and test[, provided, however, persons with a
37 license issued under paragraph (f) of subdivision two of this section
38 prior to the effective date of the laws of two thousand twenty-two which
39 amended this paragraph shall be required to complete the training
40 required by subdivision nineteen of this section prior to the recertif-
41 ication of such license; and (iii) persons applying for a license under
42 paragraph (f) of subdivision two of this section on or after the effec-
43 tive date of the chapter of the laws of two thousand twenty-two which
44 amended this paragraph who shall be required to complete the training
45 required under subdivision nineteen of this section for such license;]
46 (m) who has not had a guardian appointed for [him or her] them pursuant
47 to any provision of state law, based on a determination that as a result
48 of marked subnormal intelligence, mental illness, [incompetency,] inca-
49 pacity, condition or disease, [he or she lacks] they lack the mental
50 capacity to contract or manage [his or her] their own affairs; [(n) for
51 a license issued under paragraph (f) of subdivision two of this section,
52 that the applicant has not been convicted within five years of the date
53 of the application of any of the following: (i) assault in the third
54 degree, as defined in section 120.00 of this chapter; (ii) misdemeanor
55 driving while intoxicated, as defined in section eleven hundred ninety-
56 two of the vehicle and traffic law; or (iii) menacing, as defined in
S. 3383 3
1 section 120.15 of this chapter; and (o) for a license issued under para-
2 graph (f) of subdivision two of this section, the applicant shall meet
3 in person with the licensing officer for an interview and shall, in
4 addition to any other information or forms required by the license
5 application submit to the licensing officer the following information:
6 (i) names and contact information for the applicant's current spouse, or
7 domestic partner, any other adults residing in the applicant's home,
8 including any adult children of the applicant, and whether or not there
9 are minors residing, full time or part time, in the applicant's home;
10 (ii) names and contact information of no less than four character refer-
11 ences who can attest to the applicant's good moral character and that
12 such applicant has not engaged in any acts, or made any statements that
13 suggest they are likely to engage in conduct that would result in harm
14 to themselves or others; (iii) certification of completion of the train-
15 ing required in subdivision nineteen of this section; (iv) a list of
16 former and current social media accounts of the applicant from the past
17 three years to confirm the information regarding the applicants charac-
18 ter and conduct as required in subparagraph (ii) of this paragraph; and
19 (v) such other information required by the licensing officer that is
20 reasonably necessary and related to the review of the licensing applica-
21 tion] and (n) concerning whom no good cause exists for the denial of the
22 license.
23 [1-a.] No person shall engage in the business of gunsmith or dealer in
24 firearms unless licensed pursuant to this section. An applicant to
25 engage in such business shall also be a citizen of the United States,
26 more than twenty-one years of age and [shall be required] to maintain a
27 place of business in the city or county where the license is issued. For
28 such business, if the applicant is a firm or partnership, each member
29 thereof shall comply with all of the requirements set forth in this
30 subdivision and if the applicant is a corporation, each officer thereof
31 shall so comply.
32 [1-b.] 1-a. For purposes of subdivision one of this section, serious
33 offense shall include an offense in any jurisdiction or the former penal
34 law that includes all of the essential elements of a serious offense as
35 defined by subdivision seventeen of section 265.00 of this chapter.
36 Nothing in this subdivision shall preclude the denial of a license based
37 on the commission of, arrest for or conviction of an offense in any
38 other jurisdiction which does not include all of the essential elements
39 of a serious offense.
40 2. Types of licenses. A license for gunsmith or dealer in firearms
41 shall be issued to engage in such business. A license for a semiautomat-
42 ic rifle, other than an assault weapon or disguised gun, shall be issued
43 to purchase or take possession of such a [semiautomatic rifle] firearm
44 when such transfer of ownership occurs on or after the effective date of
45 chapter [two hundred twelve] three hundred seventy-one of the laws of
46 two thousand twenty-two that amended this subdivision. A license for a
47 pistol or revolver, other than an assault weapon or a disguised gun,
48 shall be issued to (a) have and possess in [his] their dwelling by a
49 householder; (b) have and possess in [his] their place of business by a
50 merchant or storekeeper; (c) have and carry concealed while so employed
51 by a messenger employed by a banking institution or express company; (d)
52 have and carry concealed by a justice of the supreme court in the first
53 or second judicial departments, or by a judge of the New York city civil
54 court or the New York city criminal court; (e) have and carry concealed
55 while so employed by a regular employee of an institution of the state,
56 or of any county, city, town or village, under control of a commissioner
S. 3383 4
1 of correction of the city or any warden, superintendent or head keeper
2 of any state prison, penitentiary, workhouse, county jail or other
3 institution for the detention of persons convicted or accused of crime
4 or held as witnesses in criminal cases, provided that application is
5 made therefor by such commissioner, warden, superintendent or head keep-
6 er; (f) have and carry concealed, without regard to employment or place
7 of possession [subject to the restrictions of state and federal law], by
8 any person when proper cause exists for the issuance thereof; and (g)
9 have, possess, collect and carry antique pistols which are defined as
10 follows: (i) any single shot, muzzle loading pistol with a matchlock,
11 flintlock, percussion cap, or similar type of ignition system manufac-
12 tured in or before 1898, which is not designed for using rimfire or
13 conventional centerfire fixed ammunition; and (ii) any replica of any
14 pistol described in clause (i) hereof if such replica[;]:
15 (1) is not designed or redesigned for using rimfire or conventional
16 centerfire fixed ammunition, or
17 (2) uses rimfire or conventional centerfire fixed ammunition which is
18 no longer manufactured in the United States and which is not readily
19 available in the ordinary channels of commercial trade.
20 4-a. [Appeals from denial of an application, renewal, recertification
21 or license revocation. If an application for a license is denied, not
22 renewed, not recertified, or revoked, the licensing officer shall issue
23 a written notice to the applicant setting forth the reasons for such
24 denial. An applicant may, within ninety days of receipt of such notice,
25 request a hearing to appeal the denial to the appeals board created by
26 the division of criminal justice services and the superintendent of
27 state police. An individual may be represented by counsel at any appear-
28 ance before the appeals board and shall be afforded an opportunity to
29 present additional evidence in support of their application. The commis-
30 sioner of criminal justice services and the superintendent of state
31 police shall promulgate rules and regulations governing such appeals
32 process.
33 4-b.] Processing of license applications. Applications for licenses
34 shall be accepted for processing by the licensing officer at the time of
35 presentment. Except upon written notice to the applicant specifically
36 stating the reasons for any delay, in each case the licensing officer
37 shall act upon any application for a license pursuant to this section
38 within six months of the date of presentment of such an application to
39 the appropriate authority. Such delay may only be for good cause and
40 with respect to the applicant. In acting upon an application, the
41 licensing officer shall either deny the application for reasons specif-
42 ically and concisely stated in writing or grant the application and
43 issue the license applied for.
44 [4-c.] 4-b. Westchester county firearms safety course certificate. In
45 the county of Westchester, at the time of application, the licensing
46 officer to which the license application is made shall provide a copy of
47 the safety course booklet to each license applicant. Before such license
48 is issued, such licensing officer shall require that the applicant
49 submit a certificate of successful completion of a firearms safety
50 course and test issued in [his or her] their name and endorsed and
51 affirmed under the penalties of perjury by a duly authorized instructor.
52 10. License: expiration, certification and renewal. (a) Any license
53 for gunsmith or dealer in firearms and, in the city of New York, any
54 license to carry or possess a pistol or revolver, issued at any time
55 pursuant to this section or prior to the first day of July, nineteen
56 hundred sixty-three and not limited to expire on an earlier date fixed
S. 3383 5
1 in the license, shall[, except as otherwise provided in paragraph (d) of
2 this subdivision,] expire not more than three years after the date of
3 issuance. In the counties of Nassau, Suffolk and Westchester, any
4 license to carry or possess a pistol or revolver, issued at any time
5 pursuant to this section or prior to the first day of July, nineteen
6 hundred sixty-three and not limited to expire on an earlier date fixed
7 in the license, shall expire not more than five years after the date of
8 issuance; however, in the county of Westchester, any such license shall
9 be certified prior to the first day of April, two thousand, in accord-
10 ance with a schedule to be contained in regulations promulgated by the
11 commissioner of the division of criminal justice services, and every
12 such license shall[, except as otherwise provided in paragraph (d) of
13 this subdivision,] be recertified every five years thereafter. For
14 purposes of this section certification shall mean that the licensee
15 shall provide to the licensing officer the following information only:
16 current name, date of birth, current address, and the make, model, cali-
17 ber and serial number of all firearms currently possessed. Such certif-
18 ication information shall be filed by the licensing officer in the same
19 manner as an amendment. Elsewhere than in the city of New York and the
20 counties of Nassau, Suffolk and Westchester, any license to carry or
21 possess a pistol or revolver, issued at any time pursuant to this
22 section or prior to the first day of July, nineteen hundred sixty-three
23 and not previously revoked or cancelled, shall be in force and effect
24 until revoked as herein provided. Any license not previously cancelled
25 or revoked shall remain in full force and effect for thirty days beyond
26 the stated expiration date on such license. Any application to renew a
27 license that has not previously expired, been revoked or cancelled shall
28 thereby extend the term of the license until disposition of the applica-
29 tion by the licensing officer. In the case of a license for gunsmith or
30 dealer in firearms, in counties having a population of less than two
31 hundred thousand inhabitants, photographs and fingerprints shall be
32 submitted on original applications and upon renewal thereafter only at
33 [three] six year intervals. Upon satisfactory proof that a currently
34 valid original license has been despoiled, lost or otherwise removed
35 from the possession of the licensee and upon application containing an
36 additional photograph of the licensee, the licensing officer shall issue
37 a duplicate license.
38 (b) All licensees shall be recertified to the division of state police
39 every five years thereafter[, except as otherwise provided in paragraph
40 (d) of this subdivision]. Any license issued before the effective date
41 of the chapter of the laws of two thousand thirteen which added this
42 paragraph shall be recertified by the licensee on or before January
43 thirty-first, two thousand eighteen, and not less than one year prior to
44 such date, the state police shall send a notice to all license holders
45 who have not recertified by such time. Such recertification shall be in
46 a form as approved by the superintendent of state police, which shall
47 request the license holder's name, date of birth, gender, race, residen-
48 tial address, social security number, firearms possessed by such license
49 holder, email address at the option of the license holder and an affir-
50 mation that such license holder is not prohibited from possessing
51 firearms. The form may be in an electronic form if so designated by the
52 superintendent of state police. Failure to recertify shall act as a
53 revocation of such license. If the New York state police discover as a
54 result of the recertification process that a licensee failed to provide
55 a change of address, the New York state police shall not require the
56 licensing officer to revoke such license.
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1 (c) A license to purchase or take possession of a semiautomatic rifle
2 as defined in subdivision two of this section shall be recertified to
3 the applicable licensing officer every five years following the issuance
4 of such license. Failure to renew such a license shall be a violation
5 punishable by a fine not to exceed two hundred fifty dollars, and such
6 failure to renew shall be considered by the licensing officer when
7 reviewing future license applications by the license holder pursuant to
8 this chapter.
9 [(d) Licenses issued under paragraph (f) of subdivision two of this
10 section shall be recertified or renewed in the same form and manner as
11 otherwise required by this subdivision, provided however, that such
12 licenses shall be recertified or renewed every three years following the
13 issuance of such license. For licenses issued prior to the effective
14 date of this paragraph that were issued more than three years prior to
15 such date, or will expire in less than one year from such date shall be
16 recertified or renewed within one year of such date.]
17 11. License: revocation and suspension. (a) The conviction of a licen-
18 see anywhere of a felony or serious offense or a licensee at any time
19 becoming ineligible to obtain a license[, including engaging in conduct
20 that would have resulted in the denial of a license, under this section
21 shall operate as or be grounds for,] under this section shall operate as
22 a revocation of the license. A license may be revoked or suspended as
23 provided for in section 530.14 of the criminal procedure law or section
24 eight hundred forty-two-a of the family court act. Except for a license
25 issued pursuant to section 400.01 of this article, a license may be
26 revoked and cancelled at any time in the city of New York, and in the
27 counties of Nassau and Suffolk, by the licensing officer, and elsewhere
28 than in the city of New York by any judge or justice of a court of
29 record; a license issued pursuant to section 400.01 of this article may
30 be revoked and cancelled at any time by the licensing officer or any
31 judge or justice of a court of record. A license to engage in the busi-
32 ness of dealer may be revoked or suspended for any violation of the
33 provisions of article thirty-nine-BB of the general business law. The
34 official revoking a license shall give written notice thereof without
35 unnecessary delay to the executive department, division of state police,
36 Albany, and shall also notify immediately the duly constituted police
37 authorities of the locality. [The licensing officer shall revoke any
38 license issued in which an applicant knowingly made a material false
39 statement on the application. Notice of a revocation under this subdivi-
40 sion shall be issued in writing and shall include the basis for the
41 determination, which shall be supported by a preponderance of the
42 evidence. Such notice shall also include information regarding the abil-
43 ity to appeal such decision in accordance with subdivision four-a of
44 this section.]
45 (b) Whenever the director of community services or [his or her] their
46 designee makes a report pursuant to section 9.46 of the mental hygiene
47 law, the division of criminal justice services shall convey such infor-
48 mation, whenever it determines that the person named in the report
49 possesses a license issued pursuant to this section, to the appropriate
50 licensing official, who shall issue an order suspending or revoking such
51 license.
52 (c) In any instance in which a person's license is suspended or
53 revoked under paragraph (a) or (b) of this subdivision, such person
54 shall surrender such license to the appropriate licensing official and
55 any and all firearms, rifles, or shotguns owned or possessed by such
56 person shall be surrendered to an appropriate law enforcement agency as
S. 3383 7
1 provided in subparagraph (f) of paragraph one of subdivision a of
2 section 265.20 of this chapter. In the event such license, firearm,
3 shotgun, or rifle is not surrendered, such items shall be removed and
4 declared a nuisance and any police officer or peace officer acting
5 pursuant to [his or her] their special duties is authorized to remove
6 any and all such weapons.
7 § 2. Subdivision 23 of section 837 of the executive law is REPEALED.
8 § 3. Section 235 of the executive law is REPEALED.
9 § 4. Section 265.01-e of the penal law is REPEALED.
10 § 5. Section 265.01-d of the penal law is REPEALED.
11 § 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law
12 is REPEALED.
13 § 7. Section 400.02 of the penal law, as amended by chapter 371 of the
14 laws of 2022, is amended to read as follows:
15 § 400.02 Statewide license and record database.
16 [1.] There shall be a statewide license and record database which
17 shall be created and maintained by the division of state police the cost
18 of which shall not be borne by any municipality. Records assembled or
19 collected for purposes of inclusion in such database shall not be
20 subject to disclosure pursuant to article six of the public officers
21 law. [All records] Records containing granted license applications [from
22 all licensing authorities] shall be [monthly] periodically checked by
23 the division of criminal justice services [in conjunction with the divi-
24 sion of state police] against criminal conviction, [criminal indict-
25 ment,] mental health, [extreme risk protection orders, orders of
26 protection,] and all other records as are necessary to determine their
27 continued accuracy as well as whether an individual is no longer a valid
28 license holder. The division of criminal justice services shall also
29 check pending applications made pursuant to this article against such
30 records to determine whether a license may be granted. All state [and
31 local] agencies shall cooperate with the division of criminal justice
32 services, as otherwise authorized by law, in making their records avail-
33 able for such checks. The division of criminal justice services, upon
34 determining that an individual is ineligible to possess a license, or is
35 no longer a valid license holder, shall notify the applicable licensing
36 official of such determination and such licensing official shall not
37 issue a license or [shall] revoke such license and any weapons owned or
38 possessed by such individual shall be removed consistent with the
39 provisions of subdivision eleven of section 400.00 of this article.
40 Local and state law enforcement shall have access to such database in
41 the performance of their duties. Records assembled or collected for
42 purposes of inclusion in the database established by this section shall
43 be released pursuant to a court order.
44 [2. There shall be a statewide license and record database specific
45 for ammunition sales which shall be created and maintained by the divi-
46 sion of state police the cost of which shall not be borne by any munici-
47 pality no later than thirty days upon designating the division of state
48 police as the point of contact to perform both firearm and ammunition
49 background checks under federal and state law. Records assembled or
50 collected for purposes of inclusion in such database shall not be
51 subject to disclosure pursuant to article six of the public officers
52 law. All records containing granted license applications from all
53 licensing authorities shall be monthly checked by the division of crimi-
54 nal justice services in conjunction with the division of state police
55 against criminal conviction, criminal indictments, mental health,
56 extreme risk protection orders, orders of protection, and all other
S. 3383 8
1 records as are necessary to determine their continued accuracy as well
2 as whether an individual is no longer a valid license holder. The divi-
3 sion of criminal justice services shall also check pending applications
4 made pursuant to this article against such records to determine whether
5 a license may be granted. All state and local agencies shall cooperate
6 with the division of criminal justice services, as otherwise authorized
7 by law, in making their records available for such checks. No later than
8 thirty days after the superintendent of the state police certifies that
9 the statewide license and record database established pursuant to this
10 section and the statewide license and record database established for
11 ammunition sales are operational for the purposes of this section, a
12 dealer in firearms licensed pursuant to section 400.00 of this article,
13 a seller of ammunition as defined in subdivision twenty-four of section
14 265.00 of this chapter shall not transfer any ammunition to any other
15 person who is not a dealer in firearms as defined in subdivision nine of
16 such section 265.00 or a seller of ammunition as defined in subdivision
17 twenty-four of section 265.00 of this chapter, unless:
18 (a) before the completion of the transfer, the licensee or seller
19 contacts the statewide license and record database and provides the
20 database with information sufficient to identify such dealer or seller
21 transferee based on information on the transferee's identification docu-
22 ment as defined in paragraph (c) of this subdivision, as well as the
23 amount, caliber, manufacturer's name and serial number, if any, of such
24 ammunition;
25 (b) the licensee or seller is provided with a unique identification
26 number; and
27 (c) the transferor has verified the identity of the transferee by
28 examining a valid state identification document of the transferee issued
29 by the department of motor vehicles or if the transferee is not a resi-
30 dent of the state of New York, a valid identification document issued by
31 the transferee's state or country of residence containing a photograph
32 of the transferee.]
33 § 8. Subdivisions 2 and 6 of section 400.03 of the penal law, as
34 amended by section 8 of chapter 371 of the laws of 2022, are amended to
35 read as follows:
36 2. Any seller of ammunition or dealer in firearms shall keep [either
37 an electronic record, or dataset, or an organized collection of struc-
38 tured information, or data, typically stored electronically in a comput-
39 er system] a record book approved as to form by the superintendent of
40 state police. In the record book shall be entered at the time of every
41 transaction involving ammunition the date, name, age, occupation and
42 residence of any person from whom ammunition is received or to whom
43 ammunition is delivered, and the amount, calibre, manufacturer's name
44 and serial number, or if none, any other distinguishing number or iden-
45 tification mark on such ammunition. The record book shall be maintained
46 on the premises mentioned and described in the license and shall be open
47 at all reasonable hours for inspection by any peace officer, acting
48 pursuant to their special duties, or police officer. Any record produced
49 pursuant to this section and any transmission thereof to any government
50 agency shall not be considered a public record for purposes of article
51 six of the public officers law.
52 6. If the superintendent of state police certifies that background
53 checks of ammunition purchasers may be conducted through the national
54 instant criminal background check system [or through the division of
55 state police once the division has been designated point of contact],
56 use of that system by a dealer or seller shall be sufficient to satisfy
S. 3383 9
1 subdivisions four and five of this section and such checks shall be
2 conducted through such system, provided that a record of such trans-
3 action shall be forwarded to the state police in a form determined by
4 the superintendent.
5 § 9. Section 265.45 of the penal law, as amended by chapter 371 of the
6 laws of 2022, subdivision 2 as amended by section 3 of part F of chapter
7 55 of the laws of 2023, is amended to read as follows:
8 § 265.45 Failure to safely store rifles, shotguns, and firearms in the
9 first degree.
10 [1.] No person who owns or is custodian of a rifle, shotgun or firearm
11 who resides with an individual who: (i) is under [eighteen] sixteen
12 years of age; (ii) such person knows or has reason to know is prohibited
13 from possessing a rifle, shotgun or firearm pursuant to a temporary or
14 final extreme risk protection order issued under article sixty-three-A
15 of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8)
16 or (9); or (iii) such person knows or has reason to know is prohibited
17 from possessing a rifle, shotgun or firearm based on a conviction for a
18 felony or a serious offense, shall store or otherwise leave such rifle,
19 shotgun or firearm out of [his or her] their immediate possession or
20 control without having first securely locked such rifle, shotgun or
21 firearm in an appropriate safe storage depository or rendered it incapa-
22 ble of being fired by use of a gun locking device appropriate to that
23 weapon.
24 [2. No person shall store or otherwise leave a rifle, shotgun, or
25 firearm out of such person's immediate possession or control inside a
26 vehicle without first removing the ammunition from and securely locking
27 such rifle, shotgun, or firearm in an appropriate safe storage deposito-
28 ry out of sight from outside of the vehicle; provided, however, this
29 subdivision shall not apply to a police officer as such term is defined
30 in subdivision thirty-four of section 1.20 of the criminal procedure
31 law, a qualified law enforcement officer authorized to carry concealed
32 firearms pursuant to 18 U.S.C. 926B, or a person in the military service
33 of the United States or the state of New York when such police officer,
34 qualified law enforcement officer, or person in such military service is
35 acting in the course of such person's official duty or employment and
36 otherwise complying with any applicable standards or requirements
37 pertaining to the storage of such rifle, shotgun, or firearm.
38 3.] For purposes of this section "safe storage depository" shall mean
39 a safe or other secure container which, when locked, is incapable of
40 being opened without the key, [keypad,] combination or other unlocking
41 mechanism and is capable of preventing an unauthorized person from
42 obtaining access to and possession of the weapon contained therein [and
43 shall be fire, impact, and tamper resistant]. Nothing in this section
44 shall be deemed to affect, impair or supersede any special or local act
45 relating to the safe storage of rifles, shotguns or firearms which
46 impose additional requirements on the owner or custodian of such weap-
47 ons. [For the purposes of subdivision two of this section, a glove
48 compartment or glove box shall not be considered an appropriate safe
49 storage depository.
50 4.] It shall not be a violation of this section to allow a person less
51 than [eighteen] sixteen years of age access to: (i) a firearm, rifle or
52 shotgun for lawful use as authorized under paragraph seven or seven-e of
53 subdivision a of section 265.20 of this article, or (ii) a rifle or
54 shotgun for lawful use as authorized by article eleven of the environ-
55 mental conservation law when such person less than [eighteen] sixteen
S. 3383 10
1 years of age is the holder of a hunting license or permit and such rifle
2 or shotgun is used in accordance with such law.
3 Failure to safely store rifles, shotguns, and firearms in the first
4 degree is a class A misdemeanor.
5 § 10. Section 400.30 of the penal law is REPEALED.
6 § 11. Section 270.20 of the penal law, as amended by chapter 371 of
7 the laws of 2022, is amended to read as follows:
8 § 270.20 Unlawful wearing of a body [armor] vest.
9 1. A person is guilty of the unlawful wearing of a body [armor] vest
10 when acting either alone or with one or more other persons [he] such
11 person commits any violent felony offense defined in section 70.02 while
12 possessing a firearm, rifle or shotgun and in the course of and in
13 furtherance of such crime [he or she wears] they wear a body [armor]
14 vest.
15 2. For the purposes of this section a "body [armor] vest" means [any
16 product that is a personal protective body covering intended to protect
17 against gunfire, regardless of whether such product is to be worn alone
18 or is sold as a complement to another product or garment] a bullet-re-
19 sistant soft body armor providing, as a minimum standard, the level of
20 protection known as threat level I which shall mean at least seven
21 layers of bullet-resistant material providing protection from three
22 shots of one hundred fifty-eight grain lead ammunition fired from a .38
23 calibre handgun at a velocity of eight hundred fifty feet per second.
24 The unlawful wearing of a body [armor] vest is a class E felony.
25 § 12. Section 270.21 of the penal law, as amended by chapter 371 of
26 the laws of 2022, is amended to read as follows:
27 § 270.21 Unlawful purchase of a body [armor] vest.
28 A person is guilty of the unlawful purchase of a body [armor] vest
29 when, not being engaged or employed in an eligible profession, they
30 knowingly purchase or take possession of a body [armor] vest, as such
31 term is defined in subdivision two of section 270.20 of this article.
32 This section shall not apply to individuals or entities engaged or
33 employed in eligible professions, which shall include police officers as
34 defined in section 1.20 of the criminal procedure law, peace officers as
35 defined in section 2.10 of the criminal procedure law, persons in mili-
36 tary service in the state of New York or military or other service for
37 the United States, and such other professions designated by the depart-
38 ment of state in accordance with section one hundred forty-four-a of the
39 executive law.
40 Unlawful purchase of a body [armor] vest is a class A misdemeanor for
41 a first offense and a class E felony for any subsequent offense.
42 § 13. Section 270.22 of the penal law, as amended by chapter 371 of
43 the laws of 2022, is amended to read as follows:
44 § 270.22 Unlawful sale of a body [armor] vest.
45 A person is guilty of the unlawful sale of a body [armor] vest when
46 they sell, exchange, give or dispose of a body [armor] vest, as such
47 term is defined in subdivision two of section 270.20 of this article, to
48 an individual whom they know or reasonably should have known is not
49 engaged or employed in an eligible profession, as such term is defined
50 in section 270.21 of this article.
51 Unlawful sale of a body [armor] vest is a class A misdemeanor for the
52 first offense and a class E felony for any subsequent offense.
53 § 14. Section 396-eee of the general business law, as amended by chap-
54 ter 371 of the laws of 2022, is amended to read as follows:
55 § 396-eee. Unlawful sale or delivery of body [armor] vests. 1. No
56 person, firm or corporation shall sell or deliver body [armor] vests to
S. 3383 11
1 any individual or entity not engaged or employed in an eligible profes-
2 sion, and except as provided in subdivision [two] three of this section,
3 no such sale or delivery shall be permitted unless the transferee meets
4 in person with the transferor to accomplish such sale or delivery.
5 2. The provisions of subdivision one of this section regarding in
6 person sale or delivery shall not apply to purchases made by [federal,]
7 state[,] or local government agencies for the purpose of furnishing such
8 body [armor] vests to employees in eligible professions.
9 3. For the purposes of this section, "body [armor] vest" shall have
10 the same meaning as defined in subdivision two of section 270.20 of the
11 penal law.
12 4. Any person, firm or corporation that violate the provisions of this
13 section shall be guilty of a violation punishable by a fine in an amount
14 not to exceed five thousand dollars for the first offense and in an
15 amount not to exceed ten thousand dollars for any subsequent offense.
16 § 15. Section 144-a of the executive law, as amended by chapter 371 of
17 the laws of 2022, is amended to read as follows:
18 § 144-a. Eligible professions for the purchase, sale, and use of body
19 [armor] vests. The secretary of state in consultation with the division
20 of criminal justice services, the division of homeland security and
21 emergency services, the department of corrections and community super-
22 vision, the division of the state police, and the office of general
23 services shall promulgate rules and regulations to establish criteria
24 for eligible professions requiring the use of a body [armor] vest, as
25 such term is defined in subdivision two of section 270.20 of the penal
26 law. Such professions shall include those in which the duties may expose
27 the individual to serious physical injury that may be prevented or miti-
28 gated by the wearing of a body [armor] vest. Such rules and regulations
29 shall also include a process by which an individual or entity may
30 request that the profession in which they engage be added to the list of
31 eligible professions, a process by which the department shall approve
32 such professions, and a process by which individuals and entities may
33 present proof of engagement in eligible professions when purchasing a
34 body [armor] vest.
35 § 16. Section 228 of the executive law is REPEALED.
36 § 17. Subdivision 2 of section 898 of the general business law, as
37 amended by chapter 371 of the laws of 2022, is amended to read as
38 follows:
39 2. Before any sale, exchange or disposal pursuant to this article, a
40 national instant criminal background check must be completed by a dealer
41 who [shall submit a request to the division of state police pursuant to
42 section two hundred twenty-eight of the executive law] consents to
43 conduct such check, and upon completion of such background check, shall
44 complete a document, the form of which shall be approved by the super-
45 intendent of state police, that identifies and confirms that such check
46 was performed. Before a dealer who [has submitted a request to the divi-
47 sion of state police] consents to conduct a national instant criminal
48 background check delivers a firearm, rifle or shotgun to any person,
49 either (a) NICS [shall have] issued a "proceed" response to the dealer,
50 or (b) thirty calendar days shall have elapsed since the date the dealer
51 [submitted a request to the division of state police to contact the]
52 contacted NICS to initiate a national instant criminal background check
53 and NICS has not notified the [division of state police] dealer that the
54 transfer of the firearm, rifle or shotgun to such person should be
55 denied.
S. 3383 12
1 § 18. Paragraph (c) of subdivision 1 of section 896 of the general
2 business law, as amended by chapter 371 of the laws of 2022, is amended
3 to read as follows:
4 (c) [coordinate with the division of state police to] provide access
5 at the gun show to a firearm dealer licensed under federal law who is
6 authorized to perform a national instant criminal background check
7 [prior to any firearm sale or transfer] where the seller or transferor
8 of a firearm, rifle or shotgun is not authorized to conduct such a check
9 by (i) requiring firearm exhibitors who are firearm dealers licensed
10 under federal law and who are authorized to conduct a national instant
11 criminal background check to provide such a check at cost or (ii) desig-
12 nating a specific location at the gun show where a firearm dealer
13 licensed under federal law who is authorized to conduct a national
14 instant criminal background check will be present to perform such a
15 check at cost. Any firearm dealer licensed under federal law who
16 [submits a request to the division of state police to perform] performs
17 a national instant criminal background check pursuant to this paragraph
18 shall provide the seller or transferor of the firearm, rifle or shotgun
19 with a copy of the United States Department of Treasury, Bureau of Alco-
20 hol, Tobacco and Firearms Form ATF F 4473 and such dealer shall maintain
21 such form and make such form available for inspection by law enforcement
22 agencies for a period of ten years thereafter.
23 § 19. Section 19 of chapter 371 of the laws of 2022 is REPEALED.
24 § 20. Section 400.06 of the penal law is REPEALED.
25 § 21. Section 99-pp of the state finance law as added by chapter 371
26 of the laws of 2022, is REPEALED.
27 § 22. Subdivision 19 of section 265.00 of the penal law, as amended by
28 chapter 371 of the laws of 2022, is amended to read as follows:
29 19. "Duly authorized instructor" means (a) a duly commissioned officer
30 of the United States army, navy, marine corps or coast guard, or of the
31 national guard of the state of New York; or (b) a duly qualified adult
32 citizen of the United States who has been granted a certificate as an
33 instructor in small arms practice issued by the United States army, navy
34 or marine corps, or by the adjutant general of this state, [or by the
35 division of criminal justice services,] or by the national rifle associ-
36 ation of America, a not-for-profit corporation duly organized under the
37 laws of this state; or (c) [by] a person duly qualified and designated
38 by the department of environmental conservation under paragraph c of
39 subdivision three of section 11-0713 of the environmental conservation
40 law as its agent in the giving of instruction and the making of certif-
41 ications of qualification in responsible hunting practices; or (d) a New
42 York state 4-H certified shooting sports instructor.
43 § 23. Subdivision 18 of section 400.00 of the penal law, as amended by
44 chapter 371 of the laws of 2022 and paragraph (c) as amended and (d) as
45 added by chapter 432 of the laws of 2024, is amended to read as follows:
46 18. Notice. Upon the issuance of a license, the licensing officer
47 shall issue therewith[, and such licensee shall attest to the receipt
48 of,] the following [information and notifications: (a) the grounds for
49 which the license issued may be revoked, which shall include but not be
50 limited to the areas and locations for which the licenses issued under
51 paragraph (f) of subdivision two of this section prohibits the
52 possession of firearms, rifles, and shotguns, and that a conviction
53 under sections 265.01-d and 265.01-e of this chapter are felonies for
54 which licensure will be revoked;
55 (b) a notification regarding the requirements for safe storage which
56 shall be] notice in conspicuous and legible twenty-four point type on
S. 3383 13
1 eight and one-half inches by eleven inches paper stating in bold print
2 the following:
3 WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.
4 [WHEN STORED IN A HOME] FIREARMS[, RIFLES, OR SHOTGUNS] MUST EITHER BE
5 STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT
6 BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR
7 OTHER LAWFUL POSSESSOR IF A CHILD [UNDER THE AGE OF EIGHTEEN] RESIDES IN
8 THE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A
9 PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW.
10 FIREARMS SHOULD BE STORED [BY REMOVING THE AMMUNITION FROM AND SECURELY
11 LOCKING SUCH FIREARM] UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM
12 AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED
13 PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. [WHEN STORED IN A
14 VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR CONTROL, FIREARMS,
15 RIFLES, AND SHOTGUNS MUST BE STORED IN AN APPROPRIATE SAFE STORAGE
16 DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.
17 (c) any other information necessary to ensure such licensee is aware
18 of their responsibilities as a license holder; and
19 (d) statewide resources and information relating to safe storage of
20 firearms, child access prevention and firearm violence prevention as
21 well as information on county and local specific laws and regulations
22 related to child access prevention and the safe storage of firearms.]
23 Nothing in this subdivision shall be deemed to affect, impair or
24 supersede any special or local law relating to providing notice regard-
25 ing the safe storage of rifles, shotguns or firearms.
26 § 23-a. Subdivision 19 of section 400.00 of the penal law is
27 REPEALED.
28 § 24. Subdivisions 11 and 12 of section 265.00 of the penal law, as
29 amended by chapter 371 of the laws of 2022, are amended to read as
30 follows:
31 11. "Rifle" means a weapon designed or redesigned, made or remade, and
32 intended to be fired from the shoulder and designed or redesigned and
33 made or remade to use the energy of the explosive in a fixed metallic
34 cartridge to fire only a single projectile through a rifled bore for
35 each single pull of the trigger [using either: (a) fixed metallic
36 cartridge; or (b) each projectile and explosive charge are loaded indi-
37 vidually for each shot discharged. In addition to common, modern usage,
38 rifles include those using obsolete ammunition not commonly available in
39 commercial trade, or that load through the muzzle and fire a single
40 projectile with each discharge, or loading, including muzzle loading
41 rifles, flintlock rifles, and black powder rifles].
42 12. "Shotgun" means a weapon designed or redesigned, made or remade,
43 and intended to be fired from the shoulder and designed or redesigned
44 and made or remade to use the energy of the explosive in a fixed shotgun
45 shell to fire through a smooth [or rifled] bore either a number of ball
46 shot or a single projectile for each single pull of the trigger [using
47 either: (a) a fixed shotgun shell; or (b) a projectile or number of ball
48 shot and explosive charge are loaded individually for each shot
49 discharged. In addition to common, modern usage, shotguns include those
50 using obsolete ammunition not commonly available in commercial trade, or
51 that load through the muzzle and fires ball shot with each discharge, or
52 loading, including muzzle loading shotguns, flintlock shotguns, and
53 black powder shotguns].
54 § 25. Severability. If any clause, sentence, paragraph or section of
55 this act shall be adjudged by any court of competent jurisdiction to be
56 invalid, the judgment shall not affect, impair or invalidate the remain-
S. 3383 14
1 der thereof, but shall be confined in its operation to the clause,
2 sentence, paragraph or section thereof directly involved in the contro-
3 versy in which the judgment shall have been rendered.
4 § 26. This act shall take effect immediately.