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A04496 Summary:

BILL NOA04496
 
SAME ASNo Same As
 
SPONSORStec (MS)
 
COSPNSRSalka, Smullen
 
MLTSPNSRBarclay, Crouch, Finch, Goodell, Hawley, Kolb, Palmesano, Walsh
 
Amd 446-a, 552, 656-a & 780-a, Fam Ct Act; amd 240 & 252, Dom Rel L; rpld Art 39-DDD, Gen Bus L; rpld 9.46, Ment Hyg L; rpld 37, 38, 46 & 51, amd 58, Chap 1 of 2013; amd 265.02 & 400.00, rpld 265.01-b, 265.36, 265.37, 265.45, 400.02 & 400.03 Pen L; rpld 2509, SCPA
 
Relates to the suspension and revocation of a license to carry firearms; relates to the applicability of certain provisions of the penal law, large capacity ammunition feeding devices, and gun licenses; relates to effectiveness of certain provisions of the NY SAFE Act relating to suspension and revocation of firearms licenses, private sale or disposal of firearms, rifles or shotguns; establishes a minimum age to possess a firearm; repeals various other provisions of law relating to the NY SAFE Act.
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A04496 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4496
 
SPONSOR: Stec (MS)
  TITLE OF BILL: An act to amend the family court act, in relation to the suspension and revocation of a license to carry firearms; to amend the domestic relations law, in relation to orders of protection; to amend the penal law, in relation to the applicability of certain provisions of the penal law, large capacity ammunition feeding devices, and gun licenses; to amend section 58 of chapter 1 of the laws of 2013 amending the criminal procedure law and other laws relating to suspension and revocation of firearms licenses; private sale or disposal of firearms, rifles or shot- guns and establishing a minimum age to possess a firearm, in relation to the effectiveness thereof; and to repeal article 39-DDD of the general business law relating to the private sale or disposal of firearms, rifles and shotguns, section 9.46 of the mental hygiene law relating to reports of substantial risk or threat of harm by mental health profes- sionals, sections 37, 38, 46 and 51 of chapter 1 of the laws of 2013, amending the criminal procedure law and other laws relating to suspen- sion and revocation of firearms licenses; private sale or disposal of firearms, rifles or shotguns and establishing a minimum age to possess a firearm relating to gun control, section 265.01-b of the penal law relating to criminal possession of a firearm, section 265.36 of the penal law relating to unlawful possession of a large capacity ammunition feeding device, 265.37 of the penal law relating to unlawful possession of certain ammunition feeding devices, 265.45 of the penal law relating to the safe storage of rifles, shotguns, and firearms, 400.02 of the penal law relating to the statewide license and record database and 400.03 of the penal law relating to sellers of ammunition, and section 2509 of the surrogate's court procedure act relating to a firearms inventory   PURPOSE: This bill seeks to amend or repeal those sections of the NY SAFE Act that are of questionable legality or which present practical problems for mental health officials or law enforcement and those sections that impose an unfunded mandate on local governments.   SUMMARY OF PROVISIONS: Section 1 of the bill seeks to amend section 446-a of the Family Court Act to clarify that the Family Court Judge can determine to suspend or revoke the license to carry, possess, repair or dispose of a firearm or the eligibility for such a license when issuing an order of protection; this is particularly important in the case of a temporary order where suspension, rather than revocation may be most appropriate until all facts are known or adjudicated. Section 2 makes the same amendment to 552 of the Family Court Act as section 1 does for section 446 for much the same reasons. Depending on the nature of the violation, the Family Court Judge should decide wheth- er suspension or revocation is appropriate. Sections 3, 4, 5 and 6 make the same amendments as sections 1 and 2 for similar reasons. Section 7 repeals section 17 of the SAFE act which added a new Article 39-DDD to the General Business Law. While there is some merit to requir- ing a background check for sales or exchanges of certain weapons, the SAFE act presumes that licensed dealers will be willing to perform the background check, complete the necessary paperwork and maintain records of such transaction and assume the liability therefor for a fee not to exceed ten ($10.00) dollars per transaction. At a time when the minimum wage is proposed to be increased to $9.00 per hour this is unrealistic if the dealer were to charge more than ten ($10) dollars, the dealer would violate the law and commit a misdemeanor, punishable by up to one year in jail. It is more probable that no dealers would consent to undertake these tasks for the limited fee authorized and the individual seller would be left without the ability to transfer the weapon or risk punishment for a class A misdemeanor by transferring the weapon without a dealer's involvement. Section 8 of this bill repeals section 20 of the SAFE Act. While undoubtedly well intended, the new section 9.46 added to the Mental Hygiene Law has been opposed by some organizations of mental health professionals because it may deter individuals from seeking professional help or from fully disclosing their intentions to their mental health professional. There is further opposition to this provision on the basis that it reinforces stereotypes of persons with mental illness as danger- ous To add to the problems with this provision, it would appear to be an unfunded mandate. If just all hospital admissions to psychiatric units (presumably because the individual is likely to engage in conduct that would result in harm to himself/herself or another) required a MHL 9.46 report, there would be over 200.000 reports annually in the state to be received, evaluated and passed on to DCJS. County mental health offices are not equipped to handle this flood of new work and would have to hire at least hundreds of new staff without a revenue stream. Lastly, while MHL 9.46 protects the mental health professional from civil or criminal liability, no such protection is afforded the directors of community services or their counties. Section 9 of this bill will repeal section 37 of the SAFE Act which redefined an "assault weapon" by stating that a semiautomatic rifle or pistol that has an ability to accept a detachable magazine (regardless of size) or a semiautomatic shotgun, either of which has only one of the characteristics listed in the statute, such as a folding or telescoping stock, would now be defined as an "assault weapon". These artificial distinctions would re- classify a large number of the weapons currently owned by law abiding citizens for sporting and personal protection, arguably infringing upon the rights guaranteed them by the Second Amend- ment to the U.S. Constitution and Article 2, section 4 of the New York Civil Rights Law. Section 9 of this bill will also repeal section 38 of the SAFE Act which redefines "large capacity ammunition feeding device" to include those that can accept more than seven rounds of ammunition Section 35 contains measures that would be extremely burdensome to enforce and would create new "New York only" manufacturing standards on manufacturers of ammuni- tion feeding devices. The SAFE act also does not contain appropriate exemptions for police, military and other government agencies. Section 9 of this bill also repeals the amendment to paragraph 3 of subdivision a of section 265.20 of the Penal Law contained in section 46 of the SAFE Act as it refers to the registration of firearms, that by the repeal of other sections would no longer be required. This section also repeals new paragraph 7-f as that exemption would no longer be needed with the repeal of sections dealing with the possession of ammu- nition feeding devices capable of holding more than seven rounds. Section 9 additionally repeals section 51 of the SAFE Act which would criminalize the failure of a gun owner to report the loss or theft of a gun to a police department within twenty-four hours of discovery by making it a class A misdemeanor, punishable by up to a year in jail previously, such a failure was only punishable by a fine not to exceed one hundred dollars. This amendment criminalizes this failure or omis- sion to act, without requiring knowledge or intent on the part of the person failing to act and without regard to his or her ability to act. Conceivably, a victim of a robbery, hospitalized as a result of injuries sustained in the robbery for more than 24 hours, could be guilty of failing to make a timely report Section 10 of this bill would repeal section 41-a of the SAFE Act which would criminalize the possession of a firearm, which would include the newly defined "assault weapon" and make the failure to register a firearm, including the newly defined assault weapon, a felony crime. The latter provision of the SAFE Act could result in thousands of otherwise law abiding New Yorkers being subject to felony prosecution if they fail, refuse or neglect to register weapons that are now legal. This section is of questionable constitutional validity and appears in conflict with the New York Civil Rights Law. Section 10 of this bill also repeals section 46-a of the SAFE Act which would make possession of a newly defined large capacity ammunition feed- ing device a crime. Section 10 of this bill also repeals section 47 of the SAFE Act which added a new requirement for the storage of rifles, shotguns and firearms. While this section of the SAFE Act is well intentioned, it was not fully thought out and contains practical problems that could unin- tentionally subject otherwise law abiding citizens to criminal prose- cution. The provisions of the SAFE Act would seem to require that persons living with someone prohibited from possessing a firearm would have to use a gun locking device or lock his or her weapons in a "safe storage depository" nearly all of the time, which would seemingly prevent such weapons from being immediately available for self-defense, the defense of others or the protection of home invasion. Section 10 of this bill would repeal section 49 of the SAFE Act which would create a new statewide license and record database, This database would cost approximately $32.7 million, according to the Executive's proposed 2013-14 budget. While the creation of the database is well-in- tended, the chilling effect on the rights of legal gun owners imposed by the additional records maintained in this database, outweighs its bene- fit. Section 10 repeals section 50 of the SAFE Act which would impose a new requirement on sellers of ammunition to record, in detail, every ammuni- tion sale and clear every transaction through the proposed, to-be-es- tablished statewide license and record database. This is a new mandate on ammunition sellers and purchasers, regardless of the type of ammuni- tion or quantity, which will result in tens of thousands of new records required to be kept. The likely impact will be additional costs to New York business owners, a chilling effect on the rights of New York gun owners exercise of their legal rights and the shift of ammunition purchases out of state. Section 11 of this bill repeals the amendments to subdivision (8) of section 265.02 of the Penal Law, added by section 41-b of the SAFE Act, as that section would criminalize the possession of the newly defined "large capacity ammunition feeding device". Section 12 of this bill repeals those amendments of section 48 of the SAFE Act that create a new firearm licensing system. The Executive's proposed 2013-14 budget estimates the cost of this new system at $35.9 million at a time when the state is struggling to meet the challenges of our current economic climate and faces significant cuts in federal assistance. Additionally, this system would seem duplicative of the record keeping of county clerks and separate from any national gun registration database. The SAFE Act additionally establishes a complex system for certain gun owners to request that their license information to be withheld from disclosure. This issue is dealt with more simply in this bill by making license information not subject to FOIL, The reason for exempting this information arc ninny and varied and have been the subject of much media attention since the disclosure by a Hudson Valley newspaper of the names and addresses of those in certain counties that had pistol permits The potential harm to police officers, corrections officers, parole officers, federal agents, judges, victims of domestic violence and others outweighs the need for public disclosure of this information. These license holders have committed no cr ime, in fact, they have submitted to a background investigation in order to get their licenses so sufficient safeguards are in place obviating the need for public disclosure of their personal information. Additionally, this bill will repeal the new requirement that pistol license holders recertify every five years under the threat of license revocation. Most important, this bill repeals those new sections of law added by the SAFE Act which would require, for the first time, registration of newly defined assault weapons. This registration requirement will affect tens of thousands of sportsmen and hunters in New York and potentially subject them to crimi- nal prosecution for their failure to register their firearms. This requirement could create a chilling effect on the exercise of citizens' rights under the Second Amendment to the U.S. Constitution, the NYS Constitution and the New York Civil Rights Law. Section 13 of this bill repeals section 53 of the SAFE Act which would require that the fiduciary or attorney of record include a particular- ized description of every firearm, shotgun and rifle in the list of assets of the decedent's estate in the surrogate's court and with the division of criminal justice services. This section appears to require all firearms, shotguns, and rifles, whether antique, non-working or otherwise to be listed. While there appears to be no sanction for a failure to list, it is practically difficult for an attorney of record, who generally does not control the decedent's household effects and personal property to report any specific property; he must usually trust the next-of-kin to provide the list. Section 14 amends the effective dates of the SAFE Act's various sections. Section 15 is a standard severability clause. Section 16 sets the effective date.   EXISTING LAW: In large part, this bill seeks, in many respects, to return to the law existing prior to the enactment of the SAFE Act.   JUSTIFICATION: The SAFE Act was rushed into print and to votes in both chambers of the Legislature without the opportunity for rank and file members to review the text, analyze the impacts or to consult with constituents and inter- ested parties. Since its enactment, over 125,000 New Yorkers have signed a petition requesting its repeal. Now that the public has had an oppor- tunity to review the provisions of the SAFE Act, law enforcement groups, mental health organizations, gun owner groups, and others have identi- fied problems with the bill. Since the SAFE Act's signing into law, several lawsuits have been instituted to challenge various aspects of the law. This bill attempts to address the legitimate concerns raised about the SAFE Act.   LEGISLATIVE HISTORY: 2017-18: S.2070 referred to Judiciary; A.2847 held for consideration in Codes 2015-16: S.1556 referred to Judiciary; A.2391 held for consideration in Codes 2013-14: S.3948 referred to Judiciary; A.6094 referred to Codes   EFFECTIVE DATE: Immediately.
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A04496 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4496
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced  by  M. of A. STEC -- Multi-Sponsored by -- M. of A. BARCLAY,
          CROUCH, FINCH, GOODELL, HAWLEY, KOLB, PALMESANO, WALSH  --  read  once
          and referred to the Committee on Codes
 
        AN  ACT to amend the family court act, in relation to the suspension and
          revocation of a license to  carry  firearms;  to  amend  the  domestic
          relations law, in relation to orders of protection; to amend the penal
          law,  in  relation  to  the applicability of certain provisions of the
          penal  law,  large  capacity  ammunition  feeding  devices,  and   gun
          licenses;  to amend section 58 of chapter 1 of the laws of 2013 amend-
          ing the criminal procedure law and other laws relating  to  suspension
          and  revocation  of  firearms  licenses;  private  sale or disposal of
          firearms, rifles or shotguns and establishing a minimum age to possess
          a firearm, in relation to the effectiveness  thereof;  and  to  repeal
          article  39-DDD  of  the  general business law relating to the private
          sale or disposal of firearms, rifles and shotguns, section 9.46 of the
          mental hygiene law relating to reports of substantial risk  or  threat
          of  harm by mental health professionals, sections 37, 38, 46 and 51 of
          chapter 1 of the laws of 2013, amending the criminal procedure law and
          other laws relating to suspension and revocation of firearms licenses;
          private sale or disposal of firearms, rifles or  shotguns  and  estab-
          lishing  a  minimum  age to possess a firearm relating to gun control,
          section 265.01-b of the penal law relating to criminal possession of a
          firearm,  section  265.36  of  the  penal  law  relating  to  unlawful
          possession  of  a  large capacity ammunition feeding device, 265.37 of
          the penal law relating to unlawful possession  of  certain  ammunition
          feeding  devices, 265.45 of the penal law relating to the safe storage
          of rifles, shotguns, and firearms, 400.02 of the penal law relating to
          the statewide license and record database and 400.03 of the penal  law
          relating to sellers of ammunition, and section 2509 of the surrogate's
          court procedure act relating to a firearms inventory
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08756-01-9

        A. 4496                             2
 
     1    Section 1. Section 446-a of the family court act, as added by  chapter
     2  1 of the laws of 2013, is amended to read as follows:
     3    §  446-a.  Firearms;  surrender and license suspension, revocation and
     4  ineligibility. Upon the issuance of an order of protection or  temporary
     5  order  of protection, or upon a violation of such order, the court shall
     6  make a determination regarding the suspension [and] and/or revocation of
     7  a license to carry, possess, repair or dispose of a firearm or firearms,
     8  ineligibility for such a  license  and  the  surrender  of  firearms  in
     9  accordance with section eight hundred forty-two-a of this act.
    10    § 2. Section 552 of the family court act, as added by chapter 1 of the
    11  laws of 2013, is amended to read as follows:
    12    §  552.  Firearms;  surrender  and  license suspension, revocation and
    13  ineligibility. Upon the issuance of an order of protection or  temporary
    14  order  of protection, or upon a violation of such order, the court shall
    15  make a determination regarding the suspension [and] and/or revocation of
    16  a license to carry, possess, repair or dispose of a firearm or firearms,
    17  ineligibility for such a  license  and  the  surrender  of  firearms  in
    18  accordance with section eight hundred forty-two-a of this act.
    19    §  3.  Section 656-a of the family court act, as added by chapter 1 of
    20  the laws of 2013, is amended to read as follows:
    21    § 656-a. Firearms; surrender and license  suspension,  revocation  and
    22  ineligibility.  Upon the issuance of an order of protection or temporary
    23  order of protection, or upon a violation of such order, the court  shall
    24  make a determination regarding the suspension [and] and/or revocation of
    25  a license to carry, possess, repair or dispose of a firearm or firearms,
    26  ineligibility  for  such  a  license  and  the  surrender of firearms in
    27  accordance with section eight hundred forty-two-a of this act.
    28    § 4. Section 780-a of the family court act, as added by chapter  1  of
    29  the laws of 2013, is amended to read as follows:
    30    §  780-a.  Firearms;  surrender and license suspension, revocation and
    31  ineligibility. Upon the issuance of an order of protection or  temporary
    32  order  of protection, or upon a violation of such order, the court shall
    33  make a determination regarding the suspension [and] and/or revocation of
    34  a license to carry, possess, repair or dispose of a firearm or firearms,
    35  ineligibility for such a  license  and  the  surrender  of  firearms  in
    36  accordance with section eight hundred forty-two-a of this act.
    37    §  5.  Paragraph  h  of  subdivision  3 of section 240 of the domestic
    38  relations law, as amended by chapter 1 of the laws of 2013,  is  amended
    39  to read as follows:
    40    h.  Upon  issuance  of  an  order  of protection or temporary order of
    41  protection or upon a violation of such order, the  court  shall  make  a
    42  determination  regarding  the  suspension  [and]  and/or revocation of a
    43  license to carry, possess, repair or dispose of a firearm  or  firearms,
    44  ineligibility  for  such  a  license  and  the  surrender of firearms in
    45  accordance with sections eight hundred  forty-two-a  and  eight  hundred
    46  forty-six-a  of the family court act, as applicable. Upon issuance of an
    47  order of protection pursuant to this section or  upon  a  finding  of  a
    48  violation  thereof,  the court also may direct payment of restitution in
    49  an amount not to exceed ten thousand dollars in accordance with subdivi-
    50  sion (e) of section eight  hundred  forty-one  of  such  act;  provided,
    51  however,  that  in no case shall an order of restitution be issued where
    52  the court determines that the party against  whom  the  order  would  be
    53  issued  has  already compensated the injured party or where such compen-
    54  sation is incorporated in a final judgment or settlement of the action.
    55    § 6. Subdivision 9 of section 252 of the domestic  relations  law,  as
    56  amended by chapter 1 of the laws of 2013, is amended to read as follows:

        A. 4496                             3
 
     1    9.  Upon  issuance  of  an  order  of protection or temporary order of
     2  protection or upon a violation of such order, the  court  shall  make  a
     3  determination  regarding  the  suspension  [and]  and/or revocation of a
     4  license to carry, possess, repair or dispose of a firearm  or  firearms,
     5  ineligibility  for  such  a  license  and  the  surrender of firearms in
     6  accordance with sections eight hundred  forty-two-a  and  eight  hundred
     7  forty-six-a  of the family court act, as applicable. Upon issuance of an
     8  order of protection pursuant to this section or  upon  a  finding  of  a
     9  violation  thereof,  the court also may direct payment of restitution in
    10  an amount not to exceed ten thousand dollars in accordance with subdivi-
    11  sion (e) of section eight  hundred  forty-one  of  such  act;  provided,
    12  however,  that  in no case shall an order of restitution be issued where
    13  the court determines that the party against  whom  the  order  would  be
    14  issued  has  already compensated the injured party or where such compen-
    15  sation is incorporated in a final judgment or settlement of the action.
    16    § 7. Article 39-DDD of the general business law is REPEALED.
    17    § 8. Section 9.46 of the mental hygiene law is REPEALED.
    18    § 9. Sections 37, 38, 46 and 51 of chapter 1  of  the  laws  of  2013,
    19  amending  the  criminal procedure law and other laws relating to suspen-
    20  sion and revocation of firearms licenses; private sale  or  disposal  of
    21  firearms, rifles or shotguns and establishing a minimum age to possess a
    22  firearm are REPEALED.
    23    §  10. Sections 265.01-b, 265.36, 265.37, 265.45, 400.02 and 400.03 of
    24  the penal law are REPEALED.
    25    § 11. Subdivision 8 of section 265.02 of the penal law, as amended  by
    26  chapter 1 of the laws of 2013, is amended to read as follows:
    27    (8) Such person possesses a large capacity ammunition feeding device[.
    28  For  purposes  of  this subdivision, a large capacity ammunition feeding
    29  device shall not include an ammunition feeding device lawfully possessed
    30  by such person before the effective date of the chapter of the  laws  of
    31  two thousand thirteen which amended this subdivision, that has a capaci-
    32  ty  of, or that can be readily restored or converted to accept more than
    33  seven but less than eleven rounds of ammunition, or  that  was  manufac-
    34  tured  before  September  thirteenth, nineteen hundred ninety-four, that
    35  has a capacity of, or that can  be  readily  restored  or  converted  to
    36  accept, more than ten rounds of ammunition]; or
    37    §  12.  Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00 of the
    38  penal law, subdivisions 5, 10 and 12 as amended  and  subdivisions  16-a
    39  and  16-b as added by chapter 1 of the laws of 2013, and paragraph (a-1)
    40  of subdivision 16-a as added by chapter 98 of  the  laws  of  2013,  are
    41  amended to read as follows:
    42    5.  Filing  of  approved  applications.  [(a)] The application for any
    43  license, if granted, shall be filed by the licensing  officer  with  the
    44  clerk  of  the  county  of issuance, except that in the city of New York
    45  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    46  designate  the  place  of  filing in the appropriate division, bureau or
    47  unit of the police department thereof, and in the county of Suffolk  the
    48  county  clerk  is  hereby authorized to transfer all records or applica-
    49  tions relating to firearms to the licensing authority  of  that  county.
    50  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    51  the] The name and address of any person to whom an application  for  any
    52  license  has been granted shall not be a public record. Upon application
    53  by a licensee who has changed his place of  residence  such  records  or
    54  applications  shall  be  transferred  to  the appropriate officer at the
    55  licensee's new place of residence. A duplicate copy of such  application
    56  shall  be  filed  by  the licensing officer in the executive department,

        A. 4496                             4
 
     1  division of state police, Albany, within ten days after issuance of  the
     2  license.  The  superintendent  of  state  police may designate that such
     3  application shall be transmitted to the division of state  police  elec-
     4  tronically.  In  the  event  the superintendent of the division of state
     5  police determines that it lacks any of the records required to be  filed
     6  with the division, it may request that such records be provided to it by
     7  the  appropriate  clerk, department or authority and such clerk, depart-
     8  ment or authority shall provide the division with such records.  In  the
     9  event  such clerk, department or authority lacks such records, the divi-
    10  sion may request the license holder provide  information  sufficient  to
    11  constitute  such  record and such license holder shall provide the divi-
    12  sion with such information. Such information shall  be  limited  to  the
    13  license  holder's name, date of birth, gender,race, residential address,
    14  social security number and firearms possessed by  said  license  holder.
    15  Nothing  in this subdivision shall be construed to change the expiration
    16  date or term of such licenses if otherwise provided for in law. [Records
    17  assembled or collected for purposes of inclusion in the database  estab-
    18  lished  by  this  section  shall  be released pursuant to a court order.
    19  Records assembled or collected for purposes of inclusion in the database
    20  created pursuant to section 400.02 of this chapter shall not be  subject
    21  to disclosure pursuant to article six of the public officers law.
    22    (b)  Each  application for a license pursuant to paragraph (a) of this
    23  subdivision shall include, on a separate written form  prepared  by  the
    24  division of state police within thirty days of the effective date of the
    25  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
    26  section, and provided to the applicant at the same time and in the  same
    27  manner  as  the application for a license, an opportunity for the appli-
    28  cant to request an exception from his  or  her  application  information
    29  becoming  public  record  pursuant to paragraph (a) of this subdivision.
    30  Such forms, which shall also be made available to  individuals  who  had
    31  applied for or been granted a license prior to the effective date of the
    32  chapter of the laws of two thousand thirteen which amended this section,
    33  shall notify applicants that, upon discovery that an applicant knowingly
    34  provided  false  information, such applicant may be subject to penalties
    35  pursuant to section 175.30 of this chapter, and further, that his or her
    36  request for an exception shall be null and void, provided  that  written
    37  notice  containing  such  determination  is  provided  to the applicant.
    38  Further, such forms shall provide each applicant an opportunity to spec-
    39  ify the grounds on which he or  she  believes  his  or  her  application
    40  information should not be publicly disclosed. These grounds, which shall
    41  be identified on the application with a box beside each for checking, as
    42  applicable, by the applicant, shall be as follows:
    43    (i)  the  applicant's  life  or safety may be endangered by disclosure
    44  because:
    45    (A) the applicant is an active or retired police officer, peace  offi-
    46  cer, probation officer, parole officer, or corrections officer;
    47    (B)  the applicant is a protected person under a currently valid order
    48  of protection;
    49    (C) the applicant is or was a witness in a criminal proceeding involv-
    50  ing a criminal charge;
    51    (D) the applicant is participating or  previously  participated  as  a
    52  juror  in  a criminal proceeding, or is or was a member of a grand jury;
    53  or
    54    (E) the applicant is a spouse, domestic partner or household member of
    55  a person identified in this subparagraph or subparagraph  (ii)  of  this

        A. 4496                             5

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

        A. 4496                             6

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

        A. 4496                             7

     1  possessing  firearms. The form may be in an electronic form if so desig-
     2  nated by the superintendent of state police. Failure to recertify  shall
     3  act  as  a  revocation  of  such  license.  If the New York state police
     4  discover  as  a  result  of  the recertification process that a licensee
     5  failed to provide a change of address, the New York state  police  shall
     6  not require the licensing officer to revoke such license.]
     7    12.  Records required of gunsmiths and dealers in firearms. Any person
     8  licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
     9  approved  as to form, except in the city of New York, by the superinten-
    10  dent of state police. In the record book shall be entered at the time of
    11  every transaction involving a firearm the date,  name,  age,  occupation
    12  and residence of any person from whom a firearm is received or to whom a
    13  firearm  is delivered, and the calibre, make, model, manufacturer's name
    14  and serial number, or if none, any other distinguishing number or  iden-
    15  tification  mark  on  such  firearm.  Before delivering a firearm to any
    16  person, the licensee shall require him to produce either a license valid
    17  under this section to carry or possess the  same,  or  proof  of  lawful
    18  authority  as  an exempt person pursuant to section 265.20. In addition,
    19  before delivering a firearm to a peace officer, the licensee shall veri-
    20  fy that person's status as a peace officer with the  division  of  state
    21  police.  After  completing  the foregoing, the licensee shall remove and
    22  retain the attached coupon and enter in the record book the date of such
    23  license, number, if any, and name of the licensing officer, in the  case
    24  of  the  holder of a license to carry or possess, or the shield or other
    25  number, if any, assignment and department, unit or agency, in  the  case
    26  of  an exempt person. The original transaction report shall be forwarded
    27  to the division of state police within ten days of delivering a  firearm
    28  to  any  person, and a duplicate copy shall be kept by the licensee. The
    29  superintendent of state police may designate that such record  shall  be
    30  completed  and transmitted in electronic form. A dealer may be granted a
    31  waiver from transmitting such records in electronic form if  the  super-
    32  intendent  determines that such dealer is incapable of such transmission
    33  due to technological limitations that  are  not  reasonably  within  the
    34  control  of  the dealer, or other exceptional circumstances demonstrated
    35  by the dealer, pursuant to a process established in regulation,  and  at
    36  the  discretion  of  the superintendent. [Records assembled or collected
    37  for purposes of inclusion in the database created  pursuant  to  section
    38  400.02  of  this  article shall not be subject to disclosure pursuant to
    39  article six of the public officers law.] The record book shall be  main-
    40  tained  on the premises mentioned and described in the license and shall
    41  be open at all reasonable hours for inspection  by  any  peace  officer,
    42  acting  pursuant  to his special duties, or police officer. In the event
    43  of cancellation or revocation of the license for gunsmith or  dealer  in
    44  firearms,  or discontinuance of business by a licensee, such record book
    45  shall be immediately surrendered to the licensing officer in the city of
    46  New York, and in the counties of Nassau and Suffolk,  and  elsewhere  in
    47  the state to the executive department, division of state police.
    48    16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
    49  or  (f)  of  subdivision  twenty-two  of section 265.00 of this chapter,
    50  possessed before the date of the effective date of the  chapter  of  the
    51  laws  of  two thousand thirteen which added this paragraph, must make an
    52  application to register such weapon with  the  superintendent  of  state
    53  police,  in  the manner provided by the superintendent, or by amending a
    54  license issued pursuant to this section within one year of the effective
    55  date of this subdivision except any weapon  defined  under  subparagraph
    56  (vi)  of  paragraph  (g)  of subdivision twenty-two of section 265.00 of

        A. 4496                             8

     1  this chapter transferred into the state may be registered at  any  time,
     2  provided  such weapons are registered within thirty days of their trans-
     3  fer into the state. Registration information shall  include  the  regis-
     4  trant's  name,  date of birth, gender, race, residential address, social
     5  security number and a description of each  weapon  being  registered.  A
     6  registration  of any weapon defined under subparagraph (vi) of paragraph
     7  (g) of subdivision twenty-two of section 265.00 or a feeding  device  as
     8  defined under subdivision twenty-three of section 265.00 of this chapter
     9  shall  be  transferable,  provided  that  the  seller notifies the state
    10  police within seventy-two hours of the transfer and the  buyer  provides
    11  the  state  police with information sufficient to constitute a registra-
    12  tion under this section. Such registration shall not be  valid  if  such
    13  registrant is prohibited or becomes prohibited from possessing a firearm
    14  pursuant  to  state  or  federal law. The superintendent shall determine
    15  whether such registrant is prohibited from possessing  a  firearm  under
    16  state or federal law. Such check shall be limited to determining whether
    17  the  factors  in  18  USC 922 (g) apply or whether a registrant has been
    18  convicted of a serious offense as defined in  subdivision  sixteen-b  of
    19  section  265.00  of this chapter, so as to prohibit such registrant from
    20  possessing a firearm, and whether a report has been issued  pursuant  to
    21  section  9.46 of the mental hygiene law. All registrants shall recertify
    22  to the division of state police every five years thereafter. Failure  to
    23  recertify shall result in a revocation of such registration.
    24    (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
    25  this subdivision, an owner of an assault weapon as defined  in  subdivi-
    26  sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
    27  retired New York or federal law enforcement officer as defined in subdi-
    28  vision twenty-five of section 265.00 of this chapter, where such  weapon
    29  was  issued  to  or purchased by such officer prior to retirement and in
    30  the course of his or her official duties, and for which such officer was
    31  qualified by the agency that employed such officer within twelve  months
    32  prior  to  his or her retirement, must register such weapon within sixty
    33  days of retirement.
    34    (b) The superintendent of state police shall create  and  maintain  an
    35  internet  website to educate the public as to which semiautomatic rifle,
    36  semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
    37  as a result of the enactment of the chapter of the laws of two  thousand
    38  thirteen  which  added  this  paragraph, as well as such assault weapons
    39  which are illegal pursuant to article two  hundred  sixty-five  of  this
    40  chapter.  Such website shall contain information to assist the public in
    41  recognizing the relevant features proscribed by such article two hundred
    42  sixty-five, as well as which make and  model  of  weapons  that  require
    43  registration.
    44    (c)  A person who knowingly fails to apply to register such weapon, as
    45  required by this section, within one year of the effective date  of  the
    46  chapter  of the laws of two thousand thirteen which added this paragraph
    47  shall be guilty of a class A misdemeanor and such person who unknowingly
    48  fails to validly register such weapon within such one year period  shall
    49  be  given  a  warning  by an appropriate law enforcement authority about
    50  such failure and given thirty days in which to apply  to  register  such
    51  weapon  or  to surrender it. A failure to apply or surrender such weapon
    52  within such thirty-day period shall result in such weapon being  removed
    53  by an appropriate law enforcement authority and declared a nuisance.
    54    16-b.] The cost of the software, programming and interface required to
    55  transmit any record that must be electronically transmitted by the deal-

        A. 4496                             9
 
     1  er or licensing officer to the division of state police pursuant to this
     2  chapter shall be borne by the state.
     3    § 13. Section 2509 of the surrogate's court procedure act is REPEALED.
     4    §  14. Section 58 of chapter 1 of the laws of 2013 amending the crimi-
     5  nal procedure law and other laws relating to suspension  and  revocation
     6  of  firearms  licenses;  private sale or disposal of firearms, rifles or
     7  shotguns and establishing a minimum age to possess a  firearm,  subdivi-
     8  sion  b  as amended by section 4 of part FF of chapter 57 of the laws of
     9  2013, is amended to read as follows:
    10    § 58. This act shall take effect immediately; provided, however, that:
    11    a. Sections one, two, three, four, five, [six,  seven,  eight,  nine,]
    12  ten,  [eleven, twelve,] thirteen, fourteen, fifteen, sixteen, seventeen,
    13  eighteen,  nineteen,  [twenty,]  twenty-one,  twenty-two,  twenty-three,
    14  twenty-four,  twenty-five, twenty-six, twenty-six-a, twenty-seven, twen-
    15  ty-eight, twenty-nine,  thirty,  thirty-one,  thirty-two,  thirty-three,
    16  thirty-four,  thirty-five,  thirty-six,  thirty-nine, forty, [forty-one,
    17  forty-one-a, forty-one-b,] forty-two, forty-three,  forty-five,  [forty-
    18  six,  forty-six-a,  forty-seven,  fifty-one,]  fifty-two, [fifty-three,]
    19  fifty-four, fifty-five, and fifty-six of this act shall take  effect  on
    20  the sixtieth day after it shall have become a law;
    21    b.  [The  amendments  to subdivision 23 of section 265.00 of the penal
    22  law made by section thirty-eight of this act shall take  effect  on  the
    23  ninetieth  day  after  this act shall have become a law, except that the
    24  amendments designating paragraph (a) of subdivision 23 shall take effect
    25  immediately; and provided further that the effective date of the  amend-
    26  ments  adding  paragraphs  (b)  and  (c)  to  such  subdivision shall be
    27  suspended and not effective;
    28    c.] The amendments to subdivision 1, paragraph (a) of  subdivision  3,
    29  and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
    30  penal  law made by section forty-eight of this act shall take effect one
    31  year after this act shall have become a law;
    32    [d. The amendments to subdivision 16-a of section 400.00 of the  penal
    33  law  made  by  section  forty-eight of this act shall take effect on the
    34  ninetieth day after this act shall have become a law;
    35    e. The amendments to sections 400.02 and 400.03 of the penal law  made
    36  by  sections forty-nine and fifty of this act shall take effect one year
    37  after it shall have become a law;] and
    38    [f.] c. The amendments to subdivision (b) of section 9.47 and sections
    39  9.48 and 9.60 of the mental hygiene law  made  by  sections  twenty-one,
    40  twenty-two  and twenty-three of this act shall not affect the expiration
    41  and repeal of such paragraph and sections and shall be  deemed  repealed
    42  therewith.
    43    §  15.  Severability.  If  any clause, sentence, paragraph, section or
    44  part of this act shall be adjudged by any court of  competent  jurisdic-
    45  tion  to be invalid and after exhaustion of all further judicial review,
    46  the judgment shall not affect, impair or invalidate the remainder there-
    47  of, but shall be confined in its  operation  to  the  clause,  sentence,
    48  paragraph,  section or part of this act directly involved in the contro-
    49  versy in which the judgment shall have been rendered.
    50    § 16. This act shall take effect immediately.
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