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A06140 Summary:

BILL NOA06140
 
SAME ASSAME AS S00879-C
 
SPONSORButler
 
COSPNSRKolb, Barclay, Byrne, Crouch, Errigo, Friend, Giglio, Graf, Hawley, Lalor, McLaughlin, Miller B, Morinello, Murray, Norris, Oaks, Palmesano, Goodell, Stec, Montesano, DiPietro, Curran, Blankenbush, Walter, Kearns, Lawrence
 
MLTSPNSRMcDonough, Walsh
 
Amd 330.20, 380.96 & 530.14, CP L; amd 842-a, 846-a, 446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd 240 & 252, Dom Rel L; amd Art 39-DDD Art Head, 898, Gen Bus L; amd 212, Judy L; amd 7.09 & 9.46, Ment Hyg L; amd 265.00, 265.01-b, 265.20, 265.36, 265.37, 265.45, 400.00, 400.03 & 400.10, rpld 400.02, Pen L; amd 2509, SCPA
 
Limits the application of the "safe act" to the counties of Kings, Queens, Richmond, New York and Bronx.
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A06140 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6140
 
SPONSOR: Butler (MS)
  TITLE OF BILL: An act to amend the criminal procedure law, the family court act, the domestic relations law, the general business law, the judiciary law, the mental hygiene law, the penal law and the surrogate's court procedure act, in relation to limiting the application of certain provisions of law relating to firearms to the counties of Kings, Queens, Richmond, New York and Bronx; and to repeal section 400.02 of the penal law relating to the statewide license and record database   PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to reestablish the rights of law abiding citizens' in rural and suburban areas of the state by limiting the application of the SAFE Act to Kings, Queens, Richmond, New York, and the Bronx   SUMMARY OF PROVISIONS: Sections 1: Amends subdivision 2-a of Section 330.20 of Criminal Proce- dure Law relating to firearm, rifle and shotgun surrender orders to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 2: Amends Section 380.96 of Criminal Procedure Law relating to a sentencing court's obligation to seize firearms, shotguns and rifles and demand surrender of pistol permit license to apply only within the coun- ties of Kings, Queens, Richmond, New York, and the Bronx. Sections 3, 4, 5, 6, 7, 8, 9 and 10 Amend the Family Court Act relating to mandatory and permissive suspension of firearm licenses to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 11: amends Domestic Relations Law regarding firearm suspension, revocation and surrender to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Sections 12, 13, 14: Amend Criminal Procedure Law relating to suspension and ineligibility of firearm licenses and firearm surrender to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Sections 15 and 16: Amends Article 39-DDD of General Business Law which extends the requirement for a federal NICS background check to private sales of firearms, rifles and shotguns to apply only within the counties of, Kings, Queens, Richmond, New York, and the Bronx. Section 17: Amends Judiciary Law relating to transmission of records to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 18: Amends Mental Hygiene Law relating to certain record collection and transmission to DCJS to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 19: amends Section 9.46 of Mental Hygiene Law relating to reporting requirements by mental health professionals of persons under their care to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 20: Amends subdivision 22 of Section 265.00 of Penal Law to replace the definition of assault weapon in all counties (except Kings, Queens, Richmond, New York, and the Bronx ) with the assault weapon definition in effect prior to enactment of the SAFE Act. Section 21: Amends subdivision 23 of Section 23 of Penal Law relating to the definition of large capacity ammunition feeding device to exclude ammunition feeding devices manufactured prior to September 30, 1994 from its definition. Section 22: Amends Section 265.00 of Penal Law relating to the defi- nition of "seller of ammunition" to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Sections 23 and 24: Amends Sections 265.01-b and 265.20 of Penal Law relating to the penalty for failing to register an assault weapon to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 25: Amends Section 265.36 of Penal Law relating to criminalizing the knowing possession of a large capacity ammunition feeding device manufactured prior to September 13, 1994, to apply only within the coun- ties of Kings, Queens, Richmond, New York, and the Bronx. Section 26: Amends Section 265.37 of Penal Law relating to knowingly possessing certain ammunition feeding devices to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 27: Amends Section 265.45 of Penal Law relating to the storage a weapons in a household and making these weapons inaccessible to certain family members to apply only within the counties of Kings, Queens, Rich- mond, New York, and the Bronx. Section 28: Amends Section 400.00 of Penal Law relating to specified pistol permit eligibility provisions to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 29: Amends Section 400.00 of Penal Law ) removes pistol permit recertification requirement for all counties except Kings, Queens, Rich- mond, New York, Bronx, Nassau, Suffolk and Westchester. These counties will continue to be subject to the pistol permit renewal/recertification requirements that were in place prior to SAFE Act enactment. Section 30: Amends Section 400.00 of Penal Law relating to assault weap- on registration requirements and penalty for failure to register to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 31: Repeals Section 400.02 of the Penal Law - the Statewide License and Record Database. Section 32: Amends section 400.03 of Penal Law relating to ammunition purchases which requires background checks, record keeping requirements and all sales to be made in person, to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Section 33: Amends Section 400.10 of Penal Law relating to gun dealer theft/loss reporting requirements to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. Makes the failure to report such theft/loss punishable by a civil fine not to exceed $100 instead of a class A misdemeanor. Section 34: Amends Section 2509 of the Surrogate's Court Procedure Act relating to filing requirements of all firearms, rifles or shotguns that are part of an estate to apply only within counties of Kings, Queens, Richmond, New York, and the Bronx. Section 35: Effective Date.   JUSTIFICATION: As the implementation of the NY SAFE Act has progressed, it has become clear that the law infringes on the rights of lawful gun owners. From a memorandum of understanding acknowledging the pistol permit database cannot be established, to a court case that struck down the seven-round load limit, the evidence is all around us that the law needs to be repealed. As the recent minimum wage agreement pointed out, the diversity of New York State demands that laws are tailored to accommodate each region. There are some areas of the State, especially in our upstate rural Areas and suburban, where it is not practical to keep firearms out of the hands of homeowners who would have to wait extended periods for law enforcement to arrive at their home for protection. In an attempt to remedy this situation, this bill repeals provisions of the SAFE Act that would limit access to firearms in areas outside of New York City. While the ultimate goal should be a full repeal of the SAFE Act, this legislation recognizes that the SAFE Act is specifically harm- ful to the rural and suburban areas of our State.   PRIOR LEGISLATIVE HISTORY: A.10354/S.7897- referred to Codes 2016   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Positive to the State   EFFECTIVE DATE: This act shall take effect immediately.
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A06140 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6140
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2017
                                       ___________
 
        Introduced  by  M.  of  A. BUTLER, KOLB, BARCLAY, BYRNE, CROUCH, ERRIGO,
          FRIEND, GIGLIO, GRAF, HAWLEY, LALOR, McLAUGHLIN, B. MILLER, MORINELLO,
          MURRAY, NORRIS, OAKS, PALMESANO -- Multi-Sponsored  by  --  M.  of  A.
          M. L. MILLER,  WALSH  --  read  once  and referred to the Committee on
          Codes

        AN ACT to amend the criminal procedure law, the family  court  act,  the
          domestic  relations  law, the general business law, the judiciary law,
          the mental hygiene law, the penal law and the surrogate's court proce-
          dure  act,  in  relation  to  limiting  the  application  of   certain
          provisions  of  law  relating  to  firearms  to the counties of Kings,
          Queens, Richmond, New York and Bronx; and to repeal section 400.02  of
          the penal law relating to the statewide license and record database
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
     2  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
     3  follows:
     4    2-a.  Firearm,  rifle  or shotgun surrender order in certain counties.
     5  [Upon] In the counties of Kings, Queens, Richmond, New York  and  Bronx,
     6  upon  entry  of a verdict of not responsible by reason of mental disease
     7  or defect, or upon the acceptance of a plea of not responsible by reason
     8  of mental disease or defect, or upon a finding that the defendant is  an
     9  incapacitated  person  pursuant  to article seven hundred thirty of this
    10  chapter, the court shall revoke the defendant's firearm license, if any,
    11  inquire of the defendant  as  to  the  existence  and  location  of  any
    12  firearm,  rifle  or  shotgun  owned  or  possessed by such defendant and
    13  direct the surrender of such  firearm,  rifle  or  shotgun  pursuant  to
    14  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
    15  subdivision six of section 400.05 of the penal law.
    16    § 2. Section 380.96 of the criminal procedure law, as added by chapter
    17  1 of the laws of 2013, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04769-06-7

        A. 6140                             2
 
     1  § 380.96 Obligation  of sentencing court in certain counties pursuant to
     2             article four hundred of the penal law.
     3    [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
     4  upon  judgment  of  conviction  of  any  offense which would require the
     5  seizure of firearms, shotguns or rifles from an individual so convicted,
     6  and the revocation of any license or  registration  issued  pursuant  to
     7  article  four  hundred  of the penal law, the judge pronouncing sentence
     8  shall demand surrender of any  such  license  or  registration  and  all
     9  firearms,  shotguns and rifles. The failure to so demand surrender shall
    10  not effect the validity of  any  revocation  pursuant  to  article  four
    11  hundred of the penal law.
    12    § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
    13  as  amended  by  chapter  1  of the laws of 2013, are amended to read as
    14  follows:
    15    1.  [Suspension]  Mandatory  and  permissive  suspension  of  firearms
    16  license  and  ineligibility  for  such  a license upon the issuance of a
    17  temporary order of protection. Whenever a temporary order of  protection
    18  is  issued  pursuant to section eight hundred twenty-eight of this arti-
    19  cle, or in the counties of Kings, Queens, Richmond, New York and Bronx,
    20   pursuant to article four, five, six, seven or ten of this act:
    21    (a) the court shall suspend any such existing license possessed by the
    22  respondent, order the respondent ineligible  for  such  a  license,  and
    23  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    24  one  of  subdivision  a of section 265.20 and subdivision six of section
    25  400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
    26  where  the court receives information that gives the court good cause to
    27  believe that: (i) the respondent has a prior conviction of  any  violent
    28  felony  offense  as  defined in section 70.02 of the penal law; (ii) the
    29  respondent has previously been found to have willfully failed to obey  a
    30  prior  order  of  protection  and  such willful failure involved (A) the
    31  infliction of physical injury, as defined in subdivision nine of section
    32  10.00 of the penal law, (B) the use or threatened use of a deadly weapon
    33  or dangerous instrument as  those  terms  are  defined  in  subdivisions
    34  twelve  and  thirteen of section 10.00 of the penal law, or (C) behavior
    35  constituting any violent felony offense as defined in section  70.02  of
    36  the penal law; or (iii) the respondent has a prior conviction for stalk-
    37  ing  in  the first degree as defined in section 120.60 of the penal law,
    38  stalking in the second degree as defined in section 120.55 of the  penal
    39  law,  stalking  in  the third degree as defined in section 120.50 of the
    40  penal law or stalking in the fourth degree as defined in section  120.45
    41  of such law; and
    42    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    43  York  and Bronx, shall where the court finds a substantial risk that the
    44  respondent may use or threaten to use a firearm unlawfully  against  the
    45  person or persons for whose protection the temporary order of protection
    46  is  issued,  suspend any such existing license possessed by the respond-
    47  ent, order the respondent ineligible for such a license, and  order  the
    48  immediate  surrender  [pursuant  to subparagraph (f) of paragraph one of
    49  subdivision a of section 265.20 and subdivision six of section 400.05 of
    50  the penal law,] of any or all firearms owned or possessed.
    51    2. [Revocation] Mandatory and permissive revocation or  suspension  of
    52  firearms  license and ineligibility for such a license upon the issuance
    53  of an order of protection. Whenever an order  of  protection  is  issued
    54  pursuant  to  section  eight  hundred  forty-one of this part, or in the
    55  county of Kings, Queens, Richmond, New York or Bronx, pursuant to  arti-
    56  cle four, five, six, seven or ten of this act:

        A. 6140                             3
 
     1    (a)  the court shall revoke any such existing license possessed by the
     2  respondent, order the respondent ineligible  for  such  a  license,  and
     3  order the immediate surrender [pursuant to subparagraph (f) of paragraph
     4  one  of  subdivision  a of section 265.20 and subdivision six of section
     5  400.05  of  the  penal  law,]  of any or all firearms owned or possessed
     6  where the court finds that the conduct which resulted in the issuance of
     7  the order of protection involved (i) the infliction of serious  physical
     8  injury,  as  defined  in  subdivision [nine] ten of section 10.00 of the
     9  penal law, (ii) the use or threatened use of a deadly weapon or  danger-
    10  ous  instrument  as  those  terms are defined in subdivisions twelve and
    11  thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
    12  ing any violent felony offense as defined in section 70.02 of the  penal
    13  law; and
    14    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    15  York and Bronx, shall, where the court finds a substantial risk that the
    16  respondent  may  use or threaten to use a firearm unlawfully against the
    17  person or persons for  whose  protection  the  order  of  protection  is
    18  issued,  (i)  revoke any such existing license possessed by the respond-
    19  ent, order the respondent ineligible for such a license  and  order  the
    20  immediate  surrender  [pursuant  to subparagraph (f) of paragraph one of
    21  subdivision a of section 265.20 and subdivision six of section 400.05 of
    22  the penal law,] of any or  all  firearms  owned  or  possessed  or  (ii)
    23  suspend  or  continue  to suspend any such existing license possessed by
    24  the respondent, order the respondent ineligible for such a license,  and
    25  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    26  one  of  subdivision  a of section 265.20 and subdivision six of section
    27  400.05 of the penal law,] of any or all firearms owned or possessed.
    28    3. [Revocation] Mandatory and permissive revocation or  suspension  of
    29  firearms  license and ineligibility for such a license upon a finding of
    30  a willful failure to obey an order of protection or, in  the  county  of
    31  Kings,   Queens,  Richmond,  New  York  or  Bronx,  temporary  order  of
    32  protection. Whenever a respondent has been found,  pursuant  to  section
    33  eight  hundred forty-six-a of this part to have willfully failed to obey
    34  an order of protection or temporary order of protection issued [pursuant
    35  to this act or the domestic relations law, or] by this  court  or  by  a
    36  court  of competent jurisdiction in another state, territorial or tribal
    37  jurisdiction, in addition to any other remedies  available  pursuant  to
    38  section eight hundred forty-six-a of this part:
    39    (a)  the court shall revoke any such existing license possessed by the
    40  respondent, order the respondent ineligible  for  such  a  license,  and
    41  order the immediate surrender [pursuant to subparagraph (f) of paragraph
    42  one  of  subdivision  a of section 265.20 and subdivision six of section
    43  400.05 of the penal law,] of any or  all  firearms  owned  or  possessed
    44  where the willful failure to obey such order involves (i) the infliction
    45  of  serious  physical  injury,  as  defined in subdivision [nine] ten of
    46  section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
    47  deadly  weapon  or  dangerous  instrument  as those terms are defined in
    48  subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
    49  (iii)  behavior  constituting  any  violent felony offense as defined in
    50  section 70.02 of the penal law; or (iv) behavior  constituting  stalking
    51  in  the  first  degree  as  defined  in section 120.60 of the penal law,
    52  stalking in the second degree as defined in section 120.55 of the  penal
    53  law,  stalking  in  the third degree as defined in section 120.50 of the
    54  penal law or stalking in the fourth degree as defined in section  120.45
    55  of such law; and

        A. 6140                             4
 
     1    (b) the court may and, in the counties of Kings, Queens, Richmond, New
     2  York  and Bronx, shall where the court finds a substantial risk that the
     3  respondent may use or threaten to use a firearm unlawfully  against  the
     4  person  or  persons  for  whose  protection  the order of protection was
     5  issued,  (i)  revoke any such existing license possessed by the respond-
     6  ent, order the respondent ineligible for such a license, whether or  not
     7  the respondent possesses such a license, and order the immediate surren-
     8  der  [pursuant  to subparagraph (f) of paragraph one of subdivision a of
     9  section 265.20 and subdivision six of section 400.05 of the penal  law,]
    10  of  any  or  all  firearms  owned  or possessed or (ii) suspend any such
    11  existing license possessed by the respondent, order the respondent inel-
    12  igible for such a license, and order the immediate surrender of  any  or
    13  all firearms owned or possessed.
    14    § 4. Section 846-a of the family court act, as amended by chapter 1 of
    15  the laws of 2013, is amended to read as follows:
    16    §  846-a.  Powers on failure to obey order. If a respondent is brought
    17  before the court for failure to obey any lawful order issued under  this
    18  article  or  an  order of protection or, in the county of Kings, Queens,
    19  Richmond, New York  or  Bronx,  temporary  order  of  protection  issued
    20  [pursuant to this act or issued] by a court of competent jurisdiction of
    21  another state, territorial or tribal jurisdiction and if, after hearing,
    22  the  court is satisfied by competent proof that the respondent has will-
    23  fully failed to obey any such order, the court may  modify  an  existing
    24  order  or,  in the county of Kings, Queens, Richmond, New York or Bronx,
    25  temporary order of protection to add reasonable conditions  of  behavior
    26  to the existing order, make a new order of protection in accordance with
    27  section  eight  hundred forty-two of this part, may order the forfeiture
    28  of bail in a manner consistent with article five hundred  forty  of  the
    29  criminal  procedure  law  if bail has been ordered pursuant to this act,
    30  may order the respondent to pay the petitioner's reasonable  and  neces-
    31  sary  counsel  fees  in connection with the violation petition where the
    32  court finds that the violation of its order was willful, and may  commit
    33  the respondent to jail for a term not to exceed six months. Such commit-
    34  ment  may  be served upon certain specified days or parts of days as the
    35  court may direct, and the court may, at any time within the term of such
    36  sentence, revoke such suspension  and  commit  the  respondent  for  the
    37  remainder  of  the  original  sentence, or suspend the remainder of such
    38  sentence. If the court determines that the willful failure to obey  such
    39  order  involves  violent  behavior  constituting the crimes of menacing,
    40  reckless endangerment, assault  or  attempted  assault  and  if  such  a
    41  respondent is licensed to carry, possess, repair and dispose of firearms
    42  pursuant  to  section  400.00 of the penal law, the court may also imme-
    43  diately revoke such license and may arrange for the immediate  surrender
    44  [pursuant  to  subparagraph  (f)  of  paragraph  one of subdivision a of
    45  section 265.20 and subdivision six of section 400.05 of the penal  law,]
    46  and  disposal  of  any firearm such respondent owns or possesses. If the
    47  willful failure to obey such order involves the  infliction  of  serious
    48  physical injury as defined in subdivision [nine] ten of section 10.00 of
    49  the penal law or the use or threatened use of a deadly weapon or danger-
    50  ous  instrument,  as  those terms are defined in subdivisions twelve and
    51  thirteen of section 10.00 of the penal law, such revocation and  immedi-
    52  ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
    53  sion  a  of  section 265.20 and subdivision six of section 400.05 of the
    54  penal law six] and  disposal  of  any  firearm  owned  or  possessed  by
    55  respondent shall be mandatory, pursuant to subdivision eleven of section
    56  400.00 of the penal law.

        A. 6140                             5
 
     1    §  5.  Section 446-a of the family court act, as added by chapter 1 of
     2  the laws of 2013, is amended to read as follows:
     3    §  446-a.  Firearms;  surrender and license suspension, revocation and
     4  ineligibility; certain counties.   [Upon]  In  the  counties  of  Kings,
     5  Queens,  Richmond,  New York and Bronx, upon the issuance of an order of
     6  protection or temporary order of protection, or upon a violation of such
     7  order, the court shall make a determination regarding the suspension and
     8  revocation of a license to  carry,  possess,  repair  or  dispose  of  a
     9  firearm  or firearms, ineligibility for such a license and the surrender
    10  of firearms in accordance with section eight hundred forty-two-a of this
    11  act.
    12    § 6. Section 552 of the family court act, as added by chapter 1 of the
    13  laws of 2013, is amended to read as follows:
    14    § 552. Firearms; surrender  and  license  suspension,  revocation  and
    15  ineligibility;  certain  counties.  [Upon]  In  the  counties  of Kings,
    16  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
    17  protection or temporary order of protection, or upon a violation of such
    18  order, the court shall make a determination regarding the suspension and
    19  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
    20  firearm or firearms, ineligibility for such a license and the  surrender
    21  of firearms in accordance with section eight hundred forty-two-a of this
    22  act.
    23    §  7.  Section 656-a of the family court act, as added by chapter 1 of
    24  the laws of 2013, is amended to read as follows:
    25    § 656-a. Firearms; surrender and license  suspension,  revocation  and
    26  ineligibility;  certain  counties.  [Upon]  In  the  counties  of Kings,
    27  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
    28  protection or temporary order of protection, or upon a violation of such
    29  order, the court shall make a determination regarding the suspension and
    30  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
    31  firearm or firearms, ineligibility for such a license and the  surrender
    32  of firearms in accordance with section eight hundred forty-two-a of this
    33  act.
    34    §  8.  Section 780-a of the family court act, as added by chapter 1 of
    35  the laws of 2013, is amended to read as follows:
    36    § 780-a. Firearms; surrender and license  suspension,  revocation  and
    37  ineligibility;  certain  counties.  [Upon]  In  the  counties  of Kings,
    38  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
    39  protection or temporary order of protection, or upon a violation of such
    40  order, the court shall make a determination regarding the suspension and
    41  revocation  of  a  license  to  carry,  possess,  repair or dispose of a
    42  firearm or firearms, ineligibility for such a license and the  surrender
    43  of firearms in accordance with section eight hundred forty-two-a of this
    44  act.
    45    §  9. Section 1056-a of the family court act, as added by chapter 1 of
    46  the laws of 2013, is amended to read as follows:
    47    § 1056-a. Firearms; surrender and license suspension,  revocation  and
    48  ineligibility;  certain  counties.  [Upon]  In  the  counties  of Kings,
    49  Queens, Richmond, New York and Bronx, upon the issuance of an  order  of
    50  protection or temporary order of protection, or upon a violation of such
    51  order,  the  court  shall make an order in accordance with section eight
    52  hundred forty-two-a of this act.
    53    § 10. Paragraph h of subdivision 3 of  section  240  of  the  domestic
    54  relations  law,  as amended by chapter 1 of the laws of 2013, is amended
    55  to read as follows:

        A. 6140                             6
 
     1    h. Upon issuance of an order  of  protection  or  temporary  order  of
     2  protection  or upon a violation of such order, the court may and, in the
     3  counties of Kings, Queens, Richmond, New York and Bronx,  shall  make  a
     4  determination  regarding  the  suspension and revocation of a license to
     5  carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
     6  ity for such a license and the surrender of firearms in accordance  with
     7  sections  eight hundred forty-two-a and eight hundred forty-six-a of the
     8  family court act, as applicable. Upon issuance of an order of protection
     9  pursuant to this section or upon a finding of a violation  thereof,  the
    10  court  also may direct payment of restitution in an amount not to exceed
    11  ten thousand dollars in accordance with subdivision (e) of section eight
    12  hundred forty-one of such act; provided, however, that in no case  shall
    13  an  order  of  restitution be issued where the court determines that the
    14  party against whom the order would be issued has already compensated the
    15  injured party or where such compensation  is  incorporated  in  a  final
    16  judgment or settlement of the action.
    17    §  11.  Subdivision 9 of section 252 of the domestic relations law, as
    18  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    19    9. Upon issuance of an order  of  protection  or  temporary  order  of
    20  protection  or upon a violation of such order, the court may and, in the
    21  counties of Kings, Queens, Richmond, New York and Bronx,  shall  make  a
    22  determination  regarding  the  suspension and revocation of a license to
    23  carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
    24  ity  for such a license and the surrender of firearms in accordance with
    25  sections eight hundred forty-two-a and eight hundred forty-six-a of  the
    26  family court act, as applicable. Upon issuance of an order of protection
    27  pursuant  to  this section or upon a finding of a violation thereof, the
    28  court also may direct payment of restitution in an amount not to  exceed
    29  ten thousand dollars in accordance with subdivision (e) of section eight
    30  hundred  forty-one of such act; provided, however, that in no case shall
    31  an order of restitution be issued where the court  determines  that  the
    32  party against whom the order would be issued has already compensated the
    33  injured  party  or  where  such  compensation is incorporated in a final
    34  judgment or settlement of the action.
    35    § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
    36  section 530.14 of the criminal procedure law, as amended by chapter 1 of
    37  the laws of 2013, are amended to read as follows:
    38    [Suspension]  Mandatory  and permissive suspension of firearms license
    39  and ineligibility for such a license upon issuance of temporary order of
    40  protection. Whenever a temporary order of protection is issued  pursuant
    41  to  subdivision  one  of  section  530.12  or subdivision one of section
    42  530.13 of this article:
    43    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    44  York and Bronx, shall where the court finds a substantial risk that  the
    45  defendant  may  use  or threaten to use a firearm unlawfully against the
    46  person or persons for whose protection the temporary order of protection
    47  is issued, suspend any such existing license possessed by the defendant,
    48  order the defendant ineligible for such a license and order the  immedi-
    49  ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
    50  sion  a  of  section 265.20 and subdivision six of section 400.05 of the
    51  penal law,] of any or all firearms owned or possessed.
    52    § 13. The opening paragraph and paragraph  (b)  of  subdivision  2  of
    53  section 530.14 of the criminal procedure law, as amended by chapter 1 of
    54  the laws of 2013, are amended to read as follows:
    55    [Revocation]  Mandatory  and  permissive  revocation  or suspension of
    56  firearms license and ineligibility for such a license upon  issuance  of

        A. 6140                             7
 
     1  an order of protection. Whenever an order of protection is issued pursu-
     2  ant to subdivision five of section 530.12 or subdivision four of section
     3  530.13 of this article:
     4    (b) the court may and, in the counties of Kings, Queens, Richmond, New
     5  York  and Bronx, shall where the court finds a substantial risk that the
     6  defendant may use or threaten to use a firearm  unlawfully  against  the
     7  person  or  persons  for  whose  protection  the  order of protection is
     8  issued, (i) revoke any such existing license possessed by the defendant,
     9  order the defendant ineligible for such a license and order the  immedi-
    10  ate  surrender of any or all firearms owned or possessed or (ii) suspend
    11  or continue to suspend  any  such  existing  license  possessed  by  the
    12  defendant,  order  the defendant ineligible for such a license and order
    13  the immediate surrender [pursuant to subparagraph (f) of  paragraph  one
    14  of subdivision a of section 265.20 and subdivision six of section 400.05
    15  of the penal law,] of any or all firearms owned or possessed.
    16    §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
    17  section 530.14 of the criminal procedure law, as amended by chapter 1 of
    18  the laws of 2013, are amended to read as follows:
    19    [Revocation] Mandatory and  permissive  revocation  or  suspension  of
    20  firearms  license and ineligibility for such a license upon a finding of
    21  a willful failure to obey an order of protection. Whenever  a  defendant
    22  has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
    23  subdivision eight of section 530.13 of this article  to  have  willfully
    24  failed  to  obey  an  order of protection issued by a court of competent
    25  jurisdiction in this state  or  another  state,  territorial  or  tribal
    26  jurisdiction,  in  addition  to any other remedies available pursuant to
    27  subdivision eleven of section 530.12 or  subdivision  eight  of  section
    28  530.13 of this article:
    29    (b) the court may and, in the counties of Kings, Queens, Richmond, New
    30  York  and Bronx, shall where the court finds a substantial risk that the
    31  defendant may use or threaten to use a firearm  unlawfully  against  the
    32  person  or  persons  for  whose  protection  the order of protection was
    33  issued, (i) revoke any such existing license possessed by the defendant,
    34  order the defendant ineligible for such a license and order the  immedi-
    35  ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
    36  sion  a  of  section 265.20 and subdivision six of section 400.05 of the
    37  penal law,] of any or all firearms owned or possessed  or  (ii)  suspend
    38  any  such existing license possessed by the defendant, order the defend-
    39  ant ineligible for such a license  and  order  the  immediate  surrender
    40  [pursuant  to  subparagraph  (f)  of  paragraph  one of subdivision a of
    41  section 265.20 and subdivision six of section 400.05 of the penal  law,]
    42  of any or all firearms owned or possessed.
    43    §  15.  The  article heading of article 39-DDD of the general business
    44  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
    45  follows:
    46          PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
    47                             IN CERTAIN COUNTIES
    48    §  16.  Subdivision  1  of section 898 of the general business law, as
    49  added by chapter 1 of the laws of 2013, is amended to read as follows:
    50    1. In addition to any other requirements pursuant to state and federal
    51  law, all sales, exchanges or disposals of firearms, rifles or  shotguns,
    52  in the counties of Kings, Queens, Richmond, New York and Bronx, shall be
    53  conducted  in accordance with this section unless such sale, exchange or
    54  disposal is conducted by a licensed importer, licensed  manufacturer  or
    55  licensed  dealer,  as those terms are defined in 18 USC § 922, when such
    56  sale, exchange or disposal is conducted pursuant to that person's feder-

        A. 6140                             8
 
     1  al firearms license or  such  sale,  exchange  or  disposal  is  between
     2  members of an immediate family. For purposes of this section, "immediate
     3  family"  shall  mean spouses, domestic partners, children and step-chil-
     4  dren.
     5    §  17.  Paragraph (q) of subdivision 2 of section 212 of the judiciary
     6  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
     7  follows:
     8    (q)  Adopt  rules  to  require  transmission,  to the criminal justice
     9  information services division of the federal bureau of investigation  or
    10  to  the  division  of  criminal  justice services, of the name and other
    11  identifying information of each person who has a guardian appointed  for
    12  him  or  her pursuant to any provision of state law, based on a determi-
    13  nation that  as  a  result  of  marked  subnormal  intelligence,  mental
    14  illness,  incapacity,  condition  or disease, he or she lacks the mental
    15  capacity to contract or manage his or her own affairs. Any such records,
    16  relating to persons residing in the county of Kings,  Queens,  Richmond,
    17  New  York or Bronx, transmitted directly to the federal bureau of inves-
    18  tigation must also be transmitted to the division  of  criminal  justice
    19  services[,  and any records received by the division of criminal justice
    20  services pursuant to this paragraph may be checked against the statewide
    21  license and record database].
    22    § 18. Subdivision (j) of section 7.09 of the mental  hygiene  law,  as
    23  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    24    (j)  (1)  The commissioner, in cooperation with other applicable state
    25  agencies, shall collect, retain or modify data  or  records,  and  shall
    26  transmit  such  data or records: (i) to the division of criminal justice
    27  services, or to the criminal justice information  services  division  of
    28  the  federal  bureau of investigation, for the purposes of responding to
    29  queries to the national instant criminal background check system regard-
    30  ing attempts to purchase or otherwise take possession  of  firearms,  as
    31  defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
    32  or regulations, or (ii) for persons residing in  the  county  of  Kings,
    33  Queens, Richmond, New York or Bronx, to the division of criminal justice
    34  services, which may re-disclose such data and records only for determin-
    35  ing whether a license issued pursuant to section 400.00 of the penal law
    36  should be denied, suspended or revoked, under subdivision eleven of such
    37  section,  or  for  determining  whether  a person is no longer permitted
    38  under federal or state law to possess a firearm. Such records, which may
    39  not be used for any other purpose, shall include only  names  and  other
    40  non-clinical  identifying  information of persons who have been involun-
    41  tarily committed to a hospital pursuant to article nine of this chapter,
    42  [or section four hundred two or subdivision two of section five  hundred
    43  eight of the correction law,] or article seven hundred thirty or section
    44  330.20  of  the criminal procedure law or sections 322.2 or 353.4 of the
    45  family court act, or to a secure treatment facility pursuant to  article
    46  ten of this chapter.
    47    (2)  The  commissioner  shall  establish  within  the office of mental
    48  health an administrative process to permit a person who has been or  may
    49  be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
    50  922(4)(d) or who has been or may be disqualified from continuing to have
    51  a license to carry, possess, repair,  or  dispose  of  a  firearm  under
    52  section  400.00 of the penal law because such person, who resides in the
    53  county of Kings, Queens, Richmond, New York or Bronx, was  involuntarily
    54  committed  or  civilly  confined to a facility under the jurisdiction of
    55  the commissioner, to petition for relief from that disability where such
    56  person's record and reputation are such that such  person  will  not  be

        A. 6140                             9
 
     1  likely  to  act  in  a  manner  dangerous to public safety and where the
     2  granting of the relief would not  be  contrary  to  public  safety.  The
     3  commissioner  shall  promulgate regulations to establish the relief from
     4  disabilities  program,  which  shall  include,  but  not  be limited to,
     5  provisions providing for: (i) an opportunity for a  disqualified  person
     6  to  petition for relief in writing; (ii) the authority for the agency to
     7  require that the petitioner  undergo  a  clinical  evaluation  and  risk
     8  assessment;  and (iii) a requirement that the agency issue a decision in
     9  writing explaining the reasons for a denial  or  grant  of  relief.  The
    10  denial  of  a  petition  for relief from disabilities may be reviewed de
    11  novo pursuant to the proceedings  under  article  seventy-eight  of  the
    12  civil practice law and rules.
    13    §  19.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
    14  added by chapter 1 of the laws of 2013, is amended to read as follows:
    15    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
    16  health  professional currently providing treatment services to a person,
    17  who resides in the county of Kings, Queens, Richmond, New York or Bronx,
    18  determines, in the exercise of reasonable  professional  judgment,  that
    19  such  person is likely to engage in conduct that would result in serious
    20  harm to self or others, he or she shall be required to report,  as  soon
    21  as practicable, to the director of community services, or the director's
    22  designee,  who shall report to the division of criminal justice services
    23  whenever he or she agrees that the person is likely to  engage  in  such
    24  conduct.  Information  transmitted  to  the division of criminal justice
    25  services shall be limited to names and  other  non-clinical  identifying
    26  information,  which  may  only be used for determining whether a license
    27  issued pursuant to section 400.00 of the penal law should  be  suspended
    28  or  revoked,  or  for  determining  whether a person is ineligible for a
    29  license issued pursuant to section 400.00 of the penal  law,  or  is  no
    30  longer permitted under state or federal law to possess a firearm.
    31    § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
    32  chapter 1 of the laws of 2013, is amended to read as follows:
    33    22. "Assault weapon" means
    34    (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
    35  sion,  a  semiautomatic rifle that has an ability to accept a detachable
    36  magazine and has at least two of the following characteristics:
    37    (A) a folding or telescoping stock;
    38    (B) a pistol grip that protrudes conspicuously beneath the  action  of
    39  the weapon;
    40    (C) a bayonet mount;
    41    (D)  a  flash  suppressor or threaded barrel designed to accommodate a
    42  flash suppressor;
    43    (E) a grenade launcher; or
    44    (ii) a semiautomatic shotgun that has at least two  of  the  following
    45  characteristics:
    46    (A) a folding or telescoping stock;
    47    (B)  a  pistol grip that protrudes conspicuously beneath the action of
    48  the weapon;
    49    (C) a fixed magazine capacity in excess of five rounds;
    50    (D) an ability to accept a detachable magazine; or
    51    (iii) a semiautomatic pistol that has an ability to accept a  detacha-
    52  ble magazine and has at least two of the following characteristics:
    53    (A)  an ammunition magazine that attaches to the pistol outside of the
    54  pistol grip;
    55    (B) a threaded barrel capable of accepting a  barrel  extender,  flash
    56  suppressor, forward handgrip, or silencer;

        A. 6140                            10
 
     1    (C)  a  shroud  that is attached to, or partially or completely encir-
     2  cles, the barrel and that permits the shooter to hold the  firearm  with
     3  the nontrigger hand without being burned;
     4    (D)  a  manufactured weight of fifty ounces or more when the pistol is
     5  unloaded;
     6    (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
     7  or
     8    (iv) any of the weapons, or functioning frames or  receivers  of  such
     9  weapons,  or copies or duplicates of such weapons, in any caliber, known
    10  as:
    11    (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
    12  models);
    13    (B) Action Arms Israeli Military Industries UZI and Galil;
    14    (C) Beretta Ar70 (SC-70);
    15    (D) Colt AR-15;
    16    (E) Fabrique National FN/FAL, FN/LAR, and FNC;
    17    (F) SWD M-10, M-11, M-11/9, and M-12;
    18    (G) Steyr AUG;
    19    (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    20    (I) revolving cylinder shotguns, such as (or similar  to)  the  Street
    21  Sweeper and Striker 12;
    22    (v) provided, however, that such term does not include: (A) any rifle,
    23  shotgun  or pistol that (I) is manually operated by bolt, pump, lever or
    24  slide action; (II) has been rendered permanently inoperable; or (III) is
    25  an antique firearm as defined in 18 U.S.C. 921(a)(16);
    26    (B) a semiautomatic rifle that cannot  accept  a  detachable  magazine
    27  that holds more than five rounds of ammunition;
    28    (C)  a semiautomatic shotgun that cannot hold more than five rounds of
    29  ammunition in a fixed or detachable magazine;
    30    (D) a rifle, shotgun or pistol, or a replica or a  duplicate  thereof,
    31  specified  in  Appendix A to section 922 of 18 U.S.C. as such weapon was
    32  manufactured on October first, nineteen hundred ninety-three.  The  mere
    33  fact that a weapon is not listed in Appendix A shall not be construed to
    34  mean that such weapon is an assault weapon; or
    35    (E)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
    36  pistol or any of the weapons defined in paragraph (d) of  this  subdivi-
    37  sion  lawfully possessed prior to September fourteenth, nineteen hundred
    38  ninety-four; and
    39    (b)  (i) in the counties of Kings,  Queens,  Richmond,  New  York  and
    40  Bronx,  a semiautomatic rifle that has an ability to accept a detachable
    41  magazine and has at least one of the following characteristics:
    42    [(i)] (A) a folding or telescoping stock;
    43    [(ii)] (B) a pistol grip  that  protrudes  conspicuously  beneath  the
    44  action of the weapon;
    45    [(iii)] (C) a thumbhole stock;
    46    [(iv)]  (D) a second handgrip or a protruding grip that can be held by
    47  the non-trigger hand;
    48    [(v)] (E) a bayonet mount;
    49    [(vi)] (F) a flash suppressor, muzzle break,  muzzle  compensator,  or
    50  threaded  barrel  designed  to  accommodate  a  flash suppressor, muzzle
    51  break, or muzzle compensator;
    52    [(vii)] (G) a grenade launcher; or
    53    [(b)] (ii) a semiautomatic shotgun  that  has  at  least  one  of  the
    54  following characteristics:
    55    [(i)] (A) a folding or telescoping stock;
    56    [(ii)] (B) a thumbhole stock;

        A. 6140                            11
 
     1    [(iii)] (C) a second handgrip or a protruding grip that can be held by
     2  the non-trigger hand;
     3    [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
     4    [(v)] (E) an ability to accept a detachable magazine; or
     5    [(c)]  (iii)  a  semiautomatic  pistol that has an ability to accept a
     6  detachable magazine and has at least one  of  the  following  character-
     7  istics:
     8    [(i)] (A) a folding or telescoping stock;
     9    [(ii)] (B) a thumbhole stock;
    10    [(iii)] (C) a second handgrip or a protruding grip that can be held by
    11  the non-trigger hand;
    12    [(iv)]  (D) capacity to accept an ammunition magazine that attaches to
    13  the pistol outside of the pistol grip;
    14    [(v)] (E) a threaded barrel capable of accepting  a  barrel  extender,
    15  flash suppressor, forward handgrip, or silencer;
    16    [(vi)]  (F)  a  shroud that is attached to, or partially or completely
    17  encircles, the barrel and that permits the shooter to hold  the  firearm
    18  with the non-trigger hand without being burned;
    19    [(vii)]  (G)  a  manufactured  weight of fifty ounces or more when the
    20  pistol is unloaded; or
    21    [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
    22  firearm;
    23    [(d)] (iv) a revolving cylinder shotgun;
    24    [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a  semiau-
    25  tomatic pistol or weapon defined in former subparagraph (v) of paragraph
    26  (e) of subdivision twenty-two of section 265.00 of this chapter as added
    27  by  chapter  one  hundred  eighty-nine  of  the laws of two thousand and
    28  otherwise lawfully possessed pursuant to such chapter of the laws of two
    29  thousand prior to September fourteenth, nineteen hundred ninety-four;
    30    [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
    31  tomatic pistol or weapon defined in this paragraph  or  paragraph  (a)[,
    32  (b)  or  (c)] of this subdivision, possessed prior to the date of enact-
    33  ment of [the] chapter one of the laws of  two  thousand  thirteen  which
    34  added this paragraph;
    35    [(g)] (vii) provided, however, that such term does not include:
    36    [(i)]  (A)  any  rifle,  shotgun  or pistol that [(A)] (I) is manually
    37  operated by bolt, pump, lever or  slide  action;  [(B)]  (II)  has  been
    38  rendered permanently inoperable; or [(C)] (III) is an antique firearm as
    39  defined in 18 U.S.C.  921(a)(16);
    40    [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
    41  zine that holds more than five rounds of ammunition;
    42    [(iii)]  (C)  a  semiautomatic shotgun that cannot hold more than five
    43  rounds of ammunition in a fixed or detachable magazine; or
    44    [(iv)] (D) a rifle, shotgun or pistol, or a  replica  or  a  duplicate
    45  thereof,  specified  in  Appendix  A to 18 U.S.C. 922 as such weapon was
    46  manufactured on October first, nineteen hundred ninety-three.  The  mere
    47  fact that a weapon is not listed in Appendix A shall not be construed to
    48  mean that such weapon is an assault weapon;
    49    [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
    50  sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
    51  subject to the provisions of [paragraph (h)] subparagraph (viii) of this
    52  [subdivision] paragraph;
    53    [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
    54  least fifty years prior to the current date, but not including  replicas
    55  thereof  that is validly registered pursuant to subdivision sixteen-a of
    56  section 400.00 of this chapter;

        A. 6140                            12
 
     1    [(h)] (viii) Any weapon defined in [paragraph (e) or (f)] subparagraph
     2  (v) or (vi) of this [subdivision] paragraph and any large capacity ammu-
     3  nition feeding device that was legally possessed by an individual  prior
     4  to  the enactment of [the] chapter one of the laws of two thousand thir-
     5  teen  which added this paragraph, may only be sold to, exchanged with or
     6  disposed of to a purchaser authorized to possess such weapons or  to  an
     7  individual  or entity outside of the state provided that any such trans-
     8  fer to an individual or entity outside of the state must be reported  to
     9  the  entity wherein the weapon is registered within seventy-two hours of
    10  such transfer. An individual who transfers  any  such  weapon  or  large
    11  capacity  ammunition  device  to  an individual inside New York state or
    12  without complying with the provisions of this paragraph shall be  guilty
    13  of  a  class A misdemeanor unless such large capacity ammunition feeding
    14  device, the possession of which is made illegal by [the] chapter one  of
    15  the  laws of two thousand thirteen which added this [paragraph] subpara-
    16  graph, is transferred within one year of the  effective  date  of  [the]
    17  chapter one of the laws of two thousand thirteen which added this [para-
    18  graph] subparagraph.
    19    § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
    20  chapter 1 of the laws of 2013, is amended to read as follows:
    21    23. "Large capacity ammunition feeding device" means a magazine, belt,
    22  drum,  feed strip, or similar device, manufactured after September thir-
    23  tieth, nineteen hundred ninety-four, that [(a)] has a  capacity  of,  or
    24  that  can  be  readily  restored  or  converted to accept, more than ten
    25  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
    26  tion, or (c) is obtained after the effective date of the chapter of  the
    27  laws  of  two thousand thirteen which amended this subdivision and has a
    28  capacity of, or that can be readily restored  or  converted  to  accept,
    29  more than seven rounds of ammunition]; provided, however, that such term
    30  does  not  include  an  attached  tubular device designed to accept, and
    31  capable of operating only with, .22 caliber  rimfire  ammunition  [or  a
    32  feeding  device  that  is  a  curio or relic. A feeding device that is a
    33  curio or relic is defined as a device that (i) was manufactured at least
    34  fifty years prior to the current date, (ii) is  only  capable  of  being
    35  used  exclusively  in a firearm, rifle, or shotgun that was manufactured
    36  at least fifty years prior to the current date, but not including repli-
    37  cas thereof, (iii) is possessed by an individual who is  not  prohibited
    38  by state or federal law from possessing a firearm and (iv) is registered
    39  with  the  division of state police pursuant to subdivision sixteen-a of
    40  section 400.00 of this chapter, except such feeding devices  transferred
    41  into  the  state may be registered at any time, provided they are regis-
    42  tered within thirty days of their transfer into the state. Notwithstand-
    43  ing paragraph (h) of subdivision twenty-two of this section, such  feed-
    44  ing  devices  may  be  transferred  provided that such transfer shall be
    45  subject to the provisions of section 400.03 of  this  chapter  including
    46  the check required to be conducted pursuant to such section].
    47    §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
    48  chapter 1 of the laws of 2013, is amended to read as follows:
    49    24. "Seller of ammunition" means any person, firm, partnership, corpo-
    50  ration or company who engages in the business of purchasing, selling  or
    51  keeping ammunition in the county of Kings, Queens, Richmond, New York or
    52  Bronx.
    53    §  23.  The opening paragraph of section 265.01-b of the penal law, as
    54  added by chapter 1 of the laws of 2013, is amended to read as follows:
    55    A person is guilty of criminal possession of a firearm when he or she,
    56  being a resident of the county of Kings, Queens, Richmond, New  York  or

        A. 6140                            13
 
     1  Bronx:    (1) possesses any firearm or; (2) lawfully possesses a firearm
     2  prior to the effective date of [the] chapter one  of  the  laws  of  two
     3  thousand  thirteen  which added this section subject to the registration
     4  requirements  of subdivision sixteen-a of section 400.00 of this chapter
     5  and knowingly fails to register such firearm pursuant to  such  subdivi-
     6  sion.
     7    §  24.  Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
     8  penal law, paragraph 3 as amended and paragraph 7-f as added by  chapter
     9  1 of the laws of 2013, are amended to read as follows:
    10    3.  Possession  of  a pistol or revolver by a person to whom a license
    11  therefor has been issued as provided under section 400.00 or  400.01  of
    12  this  chapter  or  possession, in the county of Kings, Queens, Richmond,
    13  New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
    14  paragraph [(e) or (f)] (b) of subdivision twenty-two of  section  265.00
    15  of  this article which is registered pursuant to paragraph (a) of subdi-
    16  vision sixteen-a of section 400.00 of this chapter or is included on  an
    17  amended  license  issued  pursuant to section 400.00 of this chapter. In
    18  the event such license is revoked, other than because such  licensee  is
    19  no longer permitted to possess a firearm, rifle or shotgun under federal
    20  or  state  law,  information  sufficient  to satisfy the requirements of
    21  subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
    22  mitted by the licensing officer to the division of state  police,  in  a
    23  form  as  determined  by the superintendent of state police. Such trans-
    24  mission shall  constitute  a  valid  registration  under  such  section.
    25  Further  provided,  notwithstanding  any  other section of this title, a
    26  failure to register such weapon by  an  individual,  in  the  county  of
    27  Kings,  Queens,  Richmond,  New York or Bronx, who possesses such weapon
    28  before the enactment of [the] chapter one of the laws  of  two  thousand
    29  thirteen  which  amended  this  paragraph and may so lawfully possess it
    30  thereafter upon registration, shall only be subject to punishment pursu-
    31  ant to paragraph (c) of subdivision sixteen-a of section 400.00 of  this
    32  chapter;  provided,  that  such  a  license  or  registration  shall not
    33  preclude a conviction for the offense defined in  subdivision  three  of
    34  section 265.01 of this article or section 265.01-a of this article.
    35    7-f.  Possession  and  use  of a magazine, belt, feed strip or similar
    36  device, in the county of Kings, Queens, Richmond,  New  York  or  Bronx,
    37  that  contains  more  than seven rounds of ammunition, but that does not
    38  have a capacity of or can readily be restored  or  converted  to  accept
    39  more than ten rounds of ammunition, at an indoor or outdoor firing range
    40  located  in  or  on  premises  owned  or occupied by a duly incorporated
    41  organization organized for conservation purposes or to foster proficien-
    42  cy in arms; at an indoor or outdoor firing  range  for  the  purpose  of
    43  firing  a  rifle or shotgun; at a collegiate, olympic or target shooting
    44  competition under the auspices of or  approved  by  the  national  rifle
    45  association;  or  at  an organized match sanctioned by the International
    46  Handgun Metallic Silhouette Association.
    47    § 25. The opening paragraph of section 265.36 of  the  penal  law,  as
    48  added by chapter 1 of the laws of 2013, is amended to read as follows:
    49    It  shall  be  unlawful  for a person, in the county of Kings, Queens,
    50  Richmond, New York or Bronx, to knowingly possess a large capacity ammu-
    51  nition feeding device manufactured before September thirteenth, nineteen
    52  hundred ninety-four, and if such person lawfully  possessed  such  large
    53  capacity  feeding  device before the effective date of [the] chapter one
    54  of the laws of two thousand thirteen which added this section, that  has
    55  a  capacity  of, or that can be readily restored or converted to accept,
    56  more than ten rounds of ammunition.

        A. 6140                            14
 
     1    § 26. The opening paragraph of section 265.37 of  the  penal  law,  as
     2  amended  by  section  2 of part FF of chapter 57 of the laws of 2013, is
     3  amended to read as follows:
     4    It  shall be unlawful for a person to knowingly possess, in the county
     5  of Kings, Queens, Richmond, New York or  Bronx,  an  ammunition  feeding
     6  device where such device contains more than seven rounds of ammunition.
     7    §  27.  The  opening  paragraph of section 265.45 of the penal law, as
     8  amended by section 3 of part FF of chapter 57 of the laws  of  2013,  is
     9  amended to read as follows:
    10    No person, residing in the county of Kings, Queens, Richmond, New York
    11  or  Bronx,  who  owns or is custodian of a rifle, shotgun or firearm who
    12  resides with an individual who such person knows or has reason  to  know
    13  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
    14  (1), (4), (8) or (9) shall store or otherwise leave such rifle,  shotgun
    15  or  firearm  out  of  his or her immediate possession or control without
    16  having first securely locked such rifle, shotgun or firearm in an appro-
    17  priate safe storage depository or rendered it incapable of  being  fired
    18  by  use of a gun locking device appropriate to that weapon. For purposes
    19  of this section "safe storage depository" shall mean  a  safe  or  other
    20  secure  container which, when locked, is incapable of being opened with-
    21  out the key, combination or other unlocking mechanism and is capable  of
    22  preventing   an   unauthorized  person  from  obtaining  access  to  and
    23  possession of the weapon contained therein. With respect to a person who
    24  is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
    25  for  purposes  of this section, this section applies only if such person
    26  has been convicted of a crime included in  subdivision  one  of  section
    27  370.15  of  the  criminal procedure law and such gun is possessed within
    28  five years from the later of the date of  conviction  or  completion  of
    29  sentence.  Nothing  in this section shall be deemed to affect, impair or
    30  supersede any special or local act  relating  to  the  safe  storage  of
    31  rifles, shotguns or firearms which impose additional requirements on the
    32  owner or custodian of such weapons.
    33    §  28. Subdivision 1 of section 400.00 of the penal law, as amended by
    34  chapter 1 of the laws of 2013, is amended to read as follows:
    35    1. Eligibility. No license shall be issued or renewed pursuant to this
    36  section except by the licensing officer, and then  only  after  investi-
    37  gation  and  finding  that  all statements in a proper application for a
    38  license are true. No license shall be issued or renewed  except  for  an
    39  applicant  (a) twenty-one years of age or older, provided, however, that
    40  where such applicant has  been  honorably  discharged  from  the  United
    41  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    42  national guard of the state of New York, no such age  restriction  shall
    43  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    44  anywhere of a felony or a serious offense; (d) who  is  not  a  fugitive
    45  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
    46  controlled substance as defined in section 21 U.S.C. 802; (f) who  being
    47  an alien (i) is not illegally or unlawfully in the United States or (ii)
    48  has  not  been  admitted  to the United States under a nonimmigrant visa
    49  subject to the exception in 18 U.S.C. 922(y)(2); (g) who  has  not  been
    50  discharged from the Armed Forces under dishonorable conditions; (h) who,
    51  having been a citizen of the United States, has not renounced his or her
    52  citizenship;  (i) who has stated whether he or she has ever suffered any
    53  mental illness; (j) who, being  a  resident  of  the  county  of  Kings,
    54  Queens,  Richmond, New York or Bronx, has not been involuntarily commit-
    55  ted to a facility under the jurisdiction of an office of the  department
    56  of  mental  hygiene  pursuant  to  article nine or fifteen of the mental

        A. 6140                            15
 
     1  hygiene law, article seven hundred thirty or section 330.20 of the crim-
     2  inal procedure law, section four hundred two or five  hundred  eight  of
     3  the  correction  law, section 322.2 or 353.4 of the family court act, or
     4  has not been civilly confined in a secure treatment facility pursuant to
     5  article  ten  of  the  mental hygiene law; (k) who has not had a license
     6  revoked or who is not under a suspension or ineligibility  order  issued
     7  pursuant  to  the provisions of section 530.14 of the criminal procedure
     8  law or section eight hundred forty-two-a of the family court act; (l) in
     9  the county of Westchester, who has  successfully  completed  a  firearms
    10  safety  course  and  test  as  evidenced  by a certificate of completion
    11  issued in his or her name and endorsed and affirmed under the  penalties
    12  of perjury by a duly authorized instructor, except that: (i) persons who
    13  are honorably discharged from the United States army, navy, marine corps
    14  or  coast  guard, or of the national guard of the state of New York, and
    15  produce evidence of official qualification in firearms during  the  term
    16  of  service are not required to have completed those hours of a firearms
    17  safety course pertaining to the safe use, carrying, possession,  mainte-
    18  nance  and  storage  of a firearm; and (ii) persons who were licensed to
    19  possess a pistol or revolver prior to the effective date of  this  para-
    20  graph  are  not  required to have completed a firearms safety course and
    21  test; (m) who, being a resident of the county of  Kings,  Queens,  Rich-
    22  mond, New York or Bronx, has not had a guardian appointed for him or her
    23  pursuant to any provision of state law, based on a determination that as
    24  a  result  of marked subnormal intelligence, mental illness, incapacity,
    25  condition or disease, he or she lacks the mental capacity to contract or
    26  manage his or her own affairs; and (n) concerning  whom  no  good  cause
    27  exists  for  the  denial  of  the license. No person shall engage in the
    28  business of gunsmith or dealer in firearms unless licensed  pursuant  to
    29  this  section.  An  applicant to engage in such business shall also be a
    30  citizen of the United States, more than  twenty-one  years  of  age  and
    31  maintain  a place of business in the city or county where the license is
    32  issued. For such business, if the applicant is a  firm  or  partnership,
    33  each  member thereof shall comply with all of the requirements set forth
    34  in this subdivision and if the applicant is a corporation, each  officer
    35  thereof shall so comply.
    36    §  29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
    37  law, as amended by chapter 1 of the laws of 2013, are amended to read as
    38  follows:
    39    4. Investigation. Before a license is issued or renewed,  there  shall
    40  be an investigation of all statements required in the application by the
    41  duly  constituted police authorities of the locality where such applica-
    42  tion is made[, including but not limited  to  such  records  as  may  be
    43  accessible  to  the  division  of  state  police or division of criminal
    44  justice services pursuant to section 400.02 of this article].  For  that
    45  purpose,  the  records  of  the  appropriate office of the department of
    46  mental hygiene concerning previous or  present  mental  illness  of  the
    47  applicant shall be available for inspection by the investigating officer
    48  of  the  police  authority.  In order to ascertain any previous criminal
    49  record, the investigating officer shall take the fingerprints and  phys-
    50  ical  descriptive  data  in quadruplicate of each individual by whom the
    51  application is signed and verified.  Two  copies  of  such  fingerprints
    52  shall  be  taken  on standard fingerprint cards eight inches square, and
    53  one copy may be taken on a card supplied for that purpose by the federal
    54  bureau of investigation; provided, however, that in the case of a corpo-
    55  rate applicant that has already been issued a dealer in firearms license
    56  and seeks to operate a firearm dealership  at  a  second  or  subsequent

        A. 6140                            16
 
     1  location, the original fingerprints on file may be used to ascertain any
     2  criminal  record  in  the second or subsequent application unless any of
     3  the corporate officers have changed  since  the  prior  application,  in
     4  which  case  the  new  corporate  officer  shall  comply with procedures
     5  governing an initial application for such license. When  completed,  one
     6  standard  card  shall  be  forwarded  to and retained by the division of
     7  criminal justice services in the  executive  department,  at  Albany.  A
     8  search  of  the  files  of such division and written notification of the
     9  results of the search to the investigating officer shall be made without
    10  unnecessary delay. Thereafter, such division shall notify the  licensing
    11  officer  and the executive department, division of state police, Albany,
    12  of any criminal record of the applicant filed therein subsequent to  the
    13  search  of its files. A second standard card, or the one supplied by the
    14  federal bureau of investigation, as the case may be, shall be  forwarded
    15  to that bureau at Washington with a request that the files of the bureau
    16  be searched and notification of the results of the search be made to the
    17  investigating  police authority. Of the remaining two fingerprint cards,
    18  one shall be filed with the  executive  department,  division  of  state
    19  police,  Albany,  within ten days after issuance of the license, and the
    20  other remain on file with the investigating police  authority.  No  such
    21  fingerprints  may be inspected by any person other than a peace officer,
    22  who is acting pursuant to his  special  duties,  or  a  police  officer,
    23  except  on  order of a judge or justice of a court of record either upon
    24  notice to the licensee or without notice, as the judge  or  justice  may
    25  deem  appropriate.  Upon  completion  of  the  investigation, the police
    26  authority shall report the results  to  the  licensing  officer  without
    27  unnecessary delay.
    28    5.  Filing  of  approved  applications.  (a)  The  application for any
    29  license, if granted, shall be filed by the licensing  officer  with  the
    30  clerk  of  the  county  of issuance, except that in the city of New York
    31  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    32  designate  the  place  of  filing in the appropriate division, bureau or
    33  unit of the police department thereof, and in the county of Suffolk  the
    34  county  clerk  is  hereby authorized to transfer all records or applica-
    35  tions relating to firearms to the licensing authority  of  that  county.
    36  Except  as  provided  in paragraphs (b) through (f) of this subdivision,
    37  the name and address of any  person  to  whom  an  application  for  any
    38  license has been granted shall be a public record. Upon application by a
    39  licensee who has changed his place of residence such records or applica-
    40  tions  shall be transferred to the appropriate officer at the licensee's
    41  new place of residence. A duplicate copy of such  application  shall  be
    42  filed  by the licensing officer in the executive department, division of
    43  state police, Albany, within ten days after issuance of the license. The
    44  superintendent of state police may designate that such application shall
    45  be transmitted to the division of state police  electronically.  In  the
    46  event the superintendent of the division of state police determines that
    47  it  lacks  any of the records required to be filed with the division, it
    48  may request that such records be  provided  to  it  by  the  appropriate
    49  clerk,  department  or authority and such clerk, department or authority
    50  shall provide the division with such records. In the event  such  clerk,
    51  department or authority lacks such records, the division may request the
    52  license  holder provide information sufficient to constitute such record
    53  and such license holder shall provide the division  with  such  informa-
    54  tion.  Such  information  shall be limited to the license holder's name,
    55  date of birth, gender, race, residential address, social security number
    56  and firearms possessed by said license holder. Nothing in this  subdivi-

        A. 6140                            17
 
     1  sion  shall  be  construed to change the expiration date or term of such
     2  licenses if  otherwise  provided  for  in  law.  [Records  assembled  or
     3  collected  for purposes of inclusion in the database established by this
     4  section  shall  be released pursuant to a court order. Records assembled
     5  or collected for purposes of inclusion in the database created  pursuant
     6  to  section  400.02  of  this chapter shall not be subject to disclosure
     7  pursuant to article six of the public officers law.]
     8    (b) Each application for a license pursuant to paragraph (a)  of  this
     9  subdivision  shall  include,  on a separate written form prepared by the
    10  division of state police within thirty days of  the  effective  date  of
    11  [the]  chapter  one  of the laws of two thousand thirteen, which amended
    12  this section, and provided to the applicant at the same time and in  the
    13  same  manner  as  the  application for a license, an opportunity for the
    14  applicant to request an exception from his or her  application  informa-
    15  tion  becoming  public record pursuant to paragraph (a) of this subdivi-
    16  sion. Such forms, which shall also be made available to individuals  who
    17  had applied for or been granted a license prior to the effective date of
    18  [the]  chapter  one  of  the laws of two thousand thirteen which amended
    19  this section, shall notify  applicants  that,  upon  discovery  that  an
    20  applicant  knowingly  provided  false information, such applicant may be
    21  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    22  further,  that  his  or  her  request for an exception shall be null and
    23  void, provided that written  notice  containing  such  determination  is
    24  provided to the applicant. Further, such forms shall provide each appli-
    25  cant  an  opportunity to specify the grounds on which he or she believes
    26  his or her application information should  not  be  publicly  disclosed.
    27  These  grounds,  which shall be identified on the application with a box
    28  beside each for checking, as applicable, by the applicant, shall  be  as
    29  follows:
    30    (i)  the  applicant's  life  or safety may be endangered by disclosure
    31  because:
    32    (A) the applicant is an active or retired police officer, peace  offi-
    33  cer, probation officer, parole officer, or corrections officer;
    34    (B)  the applicant is a protected person under a currently valid order
    35  of protection;
    36    (C) the applicant is or was a witness in a criminal proceeding involv-
    37  ing a criminal charge;
    38    (D) the applicant is participating or  previously  participated  as  a
    39  juror  in  a criminal proceeding, or is or was a member of a grand jury;
    40  or
    41    (E) the applicant is a spouse, domestic partner or household member of
    42  a person identified in this subparagraph or subparagraph  (ii)  of  this
    43  paragraph,  specifying  which  subparagraph or subparagraphs and clauses
    44  apply.
    45    (ii) the applicant has reason to believe his or her life or safety may
    46  be endangered by disclosure due to reasons stated by the applicant.
    47    (iii) the applicant has reason to believe he or she may be subject  to
    48  unwarranted harassment upon disclosure of such information.
    49    (c)  [Each form provided for recertification pursuant to paragraph (b)
    50  of subdivision ten of this section shall include an opportunity for  the
    51  applicant  to request an exception from the information provided on such
    52  form becoming public record pursuant to paragraph (a) of  this  subdivi-
    53  sion.  Such  forms  shall notify applicants that, upon discovery that an
    54  applicant knowingly provided false information, such  applicant  may  be
    55  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    56  further, that his or her request for an  exception  shall  be  null  and

        A. 6140                            18

     1  void,  provided  that  written  notice  containing such determination is
     2  provided to the applicant. Further, such forms shall provide each appli-
     3  cant an opportunity to either decline to request the grant or  continua-
     4  tion of an exception, or specify the grounds on which he or she believes
     5  his  or her information should not be publicly disclosed. These grounds,
     6  which shall be identified in the application with a box beside each  for
     7  checking, as applicable, by the applicant, shall be the same as provided
     8  in paragraph (b) of this subdivision.
     9    (d)]  Information submitted on the forms described in paragraph (b) of
    10  this subdivision shall be excepted from disclosure and maintained by the
    11  entity retaining such information separate  and  apart  from  all  other
    12  records.
    13    [(e)]  (d) (i) Upon receiving a request for exception from disclosure,
    14  the licensing officer shall grant such exception, unless the request  is
    15  determined  to  be  null and void, pursuant to paragraph (b)[ or (c)] of
    16  this subdivision.
    17    (ii) A request for an exception from disclosure may  be  submitted  at
    18  any time, including after a license or recertification has been granted.
    19    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    20  of this subdivision, the application information  shall  not  be  public
    21  record,  unless  the  request  is  determined to be null and void.[If an
    22  exception is sought and granted pursuant to paragraph (c) of this subdi-
    23  vision, the  information  concerning  such  recertification  application
    24  shall  not be public record, unless the request is determined to be null
    25  and void.]
    26    [(f)] (e) The information of licensees or  applicants  for  a  license
    27  shall not be disclosed to the public during the first one hundred twenty
    28  days  following  the  effective date of [the] chapter one of the laws of
    29  two thousand thirteen, which amended this section.  After  such  period,
    30  the  information  of those who had applied for or been granted a license
    31  prior to the preparation of the form for requesting an exception, pursu-
    32  ant to paragraph (b) of this subdivision, may be released only  if  such
    33  individuals  did  not  file  a  request for such an exception during the
    34  first sixty days following such preparation; provided, however, that  no
    35  information contained in an application for licensure or recertification
    36  shall  be  disclosed  by an entity that has not completed processing any
    37  such requests received during such sixty days.
    38    [(g)] (f) If a request for an exception is determined to be  null  and
    39  void  pursuant  to paragraph (b) [or (c)] of this subdivision, an appli-
    40  cant may request review of such determination pursuant to article seven-
    41  ty-eight of the civil practice [laws] law  and  rules.  Such  proceeding
    42  must  commence  within  thirty  days after service of the written notice
    43  containing the adverse determination. Notice of the  right  to  commence
    44  such  a petition, and the time period therefor, shall be included in the
    45  notice of the determination. Disclosure following such a petition  shall
    46  not be made prior to the disposition of such review.
    47    10.  License: expiration, certification and renewal. [(a)] Any license
    48  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    49  license  to  carry  or  possess a pistol or revolver, issued at any time
    50  pursuant to this section or prior to the first  day  of  July,  nineteen
    51  hundred  sixty-three  and not limited to expire on an earlier date fixed
    52  in the license, shall expire not more than three years after the date of
    53  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  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

        A. 6140                            19
 
     1  in the license, shall expire not more than five years after the date  of
     2  issuance;  however, in the county of Westchester, any such license shall
     3  be certified prior to the first day of April, two thousand,  in  accord-
     4  ance  with  a schedule to be contained in regulations promulgated by the
     5  commissioner of the division of criminal  justice  services,  and  every
     6  such  license  shall  be  recertified  every  five years thereafter. For
     7  purposes of this section certification  shall  mean  that  the  licensee
     8  shall  provide  to the licensing officer the following information only:
     9  current name, date of birth, current address, and the make, model, cali-
    10  ber and serial number of all firearms currently possessed. Such  certif-
    11  ication  information shall be filed by the licensing officer in the same
    12  manner as an amendment. Elsewhere than in the city of New York  and  the
    13  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
    14  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
    15  section  or prior to the first day of July, nineteen hundred sixty-three
    16  and not previously revoked or cancelled, shall be in  force  and  effect
    17  until  revoked  as herein provided. Any license not previously cancelled
    18  or revoked shall remain in full force and effect for thirty days  beyond
    19  the  stated  expiration date on such license. Any application to renew a
    20  license that has not previously expired, been revoked or cancelled shall
    21  thereby extend the term of the license until disposition of the applica-
    22  tion by the licensing officer. In the case of a license for gunsmith  or
    23  dealer  in  firearms,  in  counties having a population of less than two
    24  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
    25  submitted  on  original applications and upon renewal thereafter only at
    26  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
    27  original  license has been despoiled, lost or otherwise removed from the
    28  possession of the licensee and upon application containing an additional
    29  photograph of the licensee, the licensing officer shall issue  a  dupli-
    30  cate license.
    31    [(b)  All  licensees  shall  be  recertified  to the division of state
    32  police every five years thereafter. Any license issued before the effec-
    33  tive date of the chapter of the laws  of  two  thousand  thirteen  which
    34  added  this  paragraph shall be recertified by the licensee on or before
    35  January thirty-first, two thousand eighteen, and not less than one  year
    36  prior  to such date, the state police shall send a notice to all license
    37  holders who have not recertified  by  such  time.  Such  recertification
    38  shall  be  in  a form as approved by the superintendent of state police,
    39  which shall request the license holder's name, date  of  birth,  gender,
    40  race, residential address, social security number, firearms possessed by
    41  such  license  holder, email address at the option of the license holder
    42  and an affirmation that such  license  holder  is  not  prohibited  from
    43  possessing  firearms. The form may be in an electronic form if so desig-
    44  nated by the superintendent of state police. Failure to recertify  shall
    45  act  as  a  revocation  of  such  license.  If the New York state police
    46  discover as a result of the  recertification  process  that  a  licensee
    47  failed  to  provide a change of address, the New York state police shall
    48  not require the licensing officer to revoke such license.]
    49    11. License: revocation and suspension. (a) The conviction of a licen-
    50  see anywhere of a felony or serious offense [or a licensee at  any  time
    51  becoming  ineligible to obtain a license under this section] shall oper-
    52  ate as a revocation  of  the  license.  A  license  may  be  revoked  or
    53  suspended  as  provided  for in section 530.14 of the criminal procedure
    54  law or section eight hundred forty-two-a of the family court act. Except
    55  for a license issued pursuant to  section  400.01  of  this  article,  a
    56  license  may  be  revoked  and  cancelled at any time in the city of New

        A. 6140                            20
 
     1  York, and in the counties of Nassau and Suffolk, by the licensing  offi-
     2  cer,  and elsewhere than in the city of New York by any judge or justice
     3  of a court of record; a license issued pursuant  to  section  400.01  of
     4  this  article  may be revoked and cancelled at any time by the licensing
     5  officer or any judge or justice of  a  court  of  record.  The  official
     6  revoking a license shall give written notice thereof without unnecessary
     7  delay to the executive department, division of state police, Albany, and
     8  shall also notify immediately the duly constituted police authorities of
     9  the locality.
    10    (b)  Whenever  the  director  of community services in the counties of
    11  Kings, Queens, Richmond, New York and Bronx,  or  his  or  her  designee
    12  makes  a  report pursuant to section 9.46 of the mental hygiene law, the
    13  division of criminal justice services  shall  convey  such  information,
    14  whenever  it  determines that the person named in the report possesses a
    15  license issued pursuant to this section, to  the  appropriate  licensing
    16  official, who shall issue an order suspending or revoking such license.
    17    (c)  In  any  instance  in  which  a  person's license is suspended or
    18  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    19  shall  surrender  such license to the appropriate licensing official and
    20  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
    21  person  shall be surrendered to an appropriate law enforcement agency as
    22  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
    23  section  265.20  of  this  chapter.  In the event such license, firearm,
    24  shotgun, or rifle is not surrendered, such items shall  be  removed  and
    25  declared  a  nuisance  and  any  police  officer or peace officer acting
    26  pursuant to his or her special duties is authorized to  remove  any  and
    27  all such weapons.
    28    12.  Records required of gunsmiths and dealers in firearms. Any person
    29  licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
    30  approved  as to form, except in the city of New York, by the superinten-
    31  dent of state police. In the record book shall be entered at the time of
    32  every transaction involving a firearm the date,  name,  age,  occupation
    33  and residence of any person from whom a firearm is received or to whom a
    34  firearm  is delivered, and the calibre, make, model, manufacturer's name
    35  and serial number, or if none, any other distinguishing number or  iden-
    36  tification  mark  on  such  firearm.  Before delivering a firearm to any
    37  person, the licensee shall require him to produce either a license valid
    38  under this section to carry or possess the  same,  or  proof  of  lawful
    39  authority  as  an  exempt  person  pursuant  to  section  265.20 of this
    40  chapter.  In addition, before delivering a firearm to a  peace  officer,
    41  the  licensee  shall verify that person's status as a peace officer with
    42  the division of state police. After completing the foregoing, the licen-
    43  see shall remove and retain the attached coupon and enter in the  record
    44  book the date of such license, number, if any, and name of the licensing
    45  officer,  in the case of the holder of a license to carry or possess, or
    46  the shield or other number, if any, assignment and department,  unit  or
    47  agency, in the case of an exempt person. The original transaction report
    48  shall  be  forwarded  to the division of state police within ten days of
    49  delivering a firearm to any person, and a duplicate copy shall  be  kept
    50  by  the  licensee. The superintendent of state police may designate that
    51  such record shall be completed and transmitted  in  electronic  form.  A
    52  dealer  may  be granted a waiver from transmitting such records in elec-
    53  tronic form if the superintendent determines that such dealer is incapa-
    54  ble of such transmission due to technological limitations that  are  not
    55  reasonably  within  the  control  of  the  dealer,  or other exceptional
    56  circumstances demonstrated by the dealer, pursuant to a  process  estab-

        A. 6140                            21
 
     1  lished  in  regulation,  and  at  the  discretion of the superintendent.
     2  [Records assembled or collected for purposes of inclusion in  the  data-
     3  base  created  pursuant  to  section 400.02 of this article shall not be
     4  subject  to  disclosure  pursuant  to article six of the public officers
     5  law.] The record book shall be maintained on the premises mentioned  and
     6  described  in  the license and shall be open at all reasonable hours for
     7  inspection by any peace officer, acting pursuant to his special  duties,
     8  or  police  officer.  In  the event of cancellation or revocation of the
     9  license for gunsmith or dealer in firearms, or discontinuance  of  busi-
    10  ness by a licensee, such record book shall be immediately surrendered to
    11  the  licensing  officer  in the city of New York, and in the counties of
    12  Nassau and Suffolk, and elsewhere in the state to the executive  depart-
    13  ment, division of state police.
    14    § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
    15  chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
    16  the laws of 2013, is amended to read as follows:
    17    16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
    18  or  (f)]  subparagraph (v) or (vi) of paragraph (b) of subdivision twen-
    19  ty-two of section 265.00 of this chapter, who resides in the  county  of
    20  Kings, Queens, Richmond, New York or Bronx, possessed before the date of
    21  the  effective  date  of  [the]  chapter one of the laws of two thousand
    22  thirteen which added this paragraph, must make an application to  regis-
    23  ter  such  weapon with the superintendent of state police, in the manner
    24  provided by the superintendent, or by amending a license issued pursuant
    25  to this section within one year of the effective date of  this  subdivi-
    26  sion  except  any weapon defined under [subparagraph (vi)] clause (F) of
    27  subparagraph (vii) of paragraph [(g)] (b) of subdivision  twenty-two  of
    28  section  265.00 of this chapter transferred into the state may be regis-
    29  tered at any time, provided such weapons are  registered  within  thirty
    30  days  of  their  transfer into the state. Registration information shall
    31  include the registrant's name, date of birth, gender, race,  residential
    32  address,  social  security number and a description of each weapon being
    33  registered. A registration in the county of Kings, Queens, Richmond, New
    34  York or Bronx, of any weapon defined under  [subparagraph  (vi)]  clause
    35  (F)  of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-
    36  two of section 265.00 or a feeding device as defined  under  subdivision
    37  twenty-three  of  section  265.00 of this chapter shall be transferable,
    38  provided that the seller notifies the division of  state  police  within
    39  seventy-two hours of the transfer and the buyer provides the division of
    40  state  police  with  information sufficient to constitute a registration
    41  under this section. Such registration shall not be valid if such  regis-
    42  trant  is  prohibited  or  becomes  prohibited from possessing a firearm
    43  pursuant to state or federal law.  The  superintendent  shall  determine
    44  whether  such  registrant  is prohibited from possessing a firearm under
    45  state or federal law. Such check shall be limited to determining whether
    46  the factors in 18 USC 922 (g) apply or whether  a  registrant  has  been
    47  convicted  of  a  serious offense as defined in subdivision sixteen-b of
    48  section 265.00 of this chapter, so as to prohibit such  registrant  from
    49  possessing  a  firearm, and whether a report has been issued pursuant to
    50  section 9.46 of the mental hygiene law.   [All] Such  registrants  shall
    51  recertify  to  the division of state police every five years thereafter.
    52  Failure to recertify shall result in a revocation of such registration.
    53    (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
    54  this  subdivision, an owner, who resides in the county of Kings, Queens,
    55  Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
    56  sion twenty-two of section 265.00 of this chapter, who  is  a  qualified

        A. 6140                            22
 
     1  retired New York or federal law enforcement officer as defined in subdi-
     2  vision  twenty-five of section 265.00 of this chapter, where such weapon
     3  was issued to or purchased by such officer prior to  retirement  and  in
     4  the course of his or her official duties, and for which such officer was
     5  qualified  by the agency that employed such officer within twelve months
     6  prior to his or her retirement, must register such weapon  within  sixty
     7  days of retirement.
     8    (b)  The  superintendent  of state police shall create and maintain an
     9  internet website to educate the public, who  reside  in  the  county  of
    10  Kings,  Queens,  Richmond,  New York or Bronx, as to which semiautomatic
    11  rifle, semiautomatic shotgun or semiautomatic pistol or weapon that  are
    12  illegal as a result of the enactment of [the] chapter one of the laws of
    13  two  thousand  thirteen  which  added  this  paragraph,  as well as such
    14  assault weapons which  are  illegal  pursuant  to  article  two  hundred
    15  sixty-five  of  this  chapter. Such website shall contain information to
    16  assist [the] such public in recognizing the relevant features proscribed
    17  by such article two hundred sixty-five, as well as which make and  model
    18  of weapons that require registration.
    19    (c)  A  person,  who resides in the county of Kings, Queens, Richmond,
    20  New York or Bronx, who knowingly fails to apply to register such weapon,
    21  as required by this section, within one year of the  effective  date  of
    22  [the]  chapter one of the laws of two thousand thirteen which added this
    23  paragraph shall be guilty of a class A misdemeanor and such  person  who
    24  unknowingly  fails  to validly register such weapon within such one year
    25  period shall be given  a  warning  by  an  appropriate  law  enforcement
    26  authority  about such failure and given thirty days in which to apply to
    27  register such weapon or to surrender it. A failure to apply or surrender
    28  such weapon within such thirty-day period shall result  in  such  weapon
    29  being removed by an appropriate law enforcement authority and declared a
    30  nuisance.
    31    § 31. Section 400.02 of the penal law is REPEALED.
    32    §  32.  Section  400.03 of the penal law, as added by chapter 1 of the
    33  laws of 2013, is amended to read as follows:
    34  § 400.03 Sellers of ammunition.
    35    1. A seller of ammunition as defined  in  subdivision  twenty-four  of
    36  section  265.00  of  this chapter doing business in the county of Kings,
    37  Queens, Richmond, New York or Bronx, shall register with the superinten-
    38  dent of state police in a manner provided  by  the  superintendent.  Any
    39  dealer  in  firearms that is validly licensed pursuant to section 400.00
    40  of this article shall not be required to complete such registration.
    41    2. Any seller of ammunition or dealer in firearms  doing  business  in
    42  the  county  of Kings, Queens, Richmond, New York or Bronx, shall keep a
    43  record book approved as to form by the superintendent of  state  police.
    44  In  the  record  book  shall be entered at the time of every transaction
    45  involving ammunition the date, name, age, occupation  and  residence  of
    46  any  person  from  whom  ammunition is received or to whom ammunition is
    47  delivered, and the  amount,  calibre,  manufacturer's  name  and  serial
    48  number,  or  if  none, any other distinguishing number or identification
    49  mark on such ammunition. The record book  shall  be  maintained  on  the
    50  premises mentioned and described in the license and shall be open at all
    51  reasonable hours for inspection by any peace officer, acting pursuant to
    52  his or her special duties, or police officer. Any record produced pursu-
    53  ant to this section and any transmission thereof to any government agen-
    54  cy  shall  not be considered a public record for purposes of article six
    55  of the public officers law.

        A. 6140                            23
 
     1    3. [No later than thirty days after the superintendent  of  the  state
     2  police  certifies  that the statewide license and record database estab-
     3  lished pursuant to section 400.02 of this article is operational for the
     4  purposes of this section, a] A dealer in firearms licensed  pursuant  to
     5  section  400.00  of  this  article, a seller of ammunition as defined in
     6  subdivision twenty-four of section 265.00 of this chapter doing business
     7  in the county of Kings, Queens, Richmond, New York or Bronx,  shall  not
     8  transfer  any  ammunition  to  any  other  person who is not a dealer in
     9  firearms as defined in subdivision nine of  such  section  265.00  or  a
    10  seller  of  ammunition  as defined in subdivision twenty-four of section
    11  265.00 of this chapter, unless:
    12    (a) before the completion of the  transfer,  the  licensee  or  seller
    13  contacts  the  [statewide license and record database] superintendent of
    14  state police and provides the [database] superintendent with information
    15  sufficient to identify such dealer or seller, transferee based on infor-
    16  mation on the transferee's identification document as defined  in  para-
    17  graph  (c) of this subdivision, as well as the amount, calibre, manufac-
    18  turer's name and serial number, if any, of such ammunition;
    19    (b) the [system] superintendent provides the licensee or seller with a
    20  unique identification number; and
    21    (c) the transferor has verified the  identity  of  the  transferee  by
    22  examining a valid state identification document of the transferee issued
    23  by  the department of motor vehicles or if the transferee is not a resi-
    24  dent of the state of New York, a valid identification document issued by
    25  the transferee's state or country of residence containing  a  photograph
    26  of the transferee.
    27    4.  If  the  [database] superintendent of state police determines that
    28  the purchaser of ammunition is eligible to possess  ammunition  pursuant
    29  to state and federal laws, [the system] he or she shall:
    30    (a) assign a unique identification number to the transfer; and
    31    (b) provide the licensee or seller with the number.
    32    5.  If  the  [statewide license and record database] superintendent of
    33  state police notifies the licensee or seller that the information avail-
    34  able [to the database] does not demonstrate that the receipt of  ammuni-
    35  tion  by  such other person would violate 18 U.S.C. 922(g) or state law,
    36  and the licensee transfers ammunition to such other person, the licensee
    37  shall indicate to the [database] superintendent  that  such  transaction
    38  has  been completed at which point a record of such transaction shall be
    39  created which shall be accessible by the division of  state  police  and
    40  maintained  for  no  longer than one year from point of purchase[, which
    41  shall not be incorporated into  the  database  established  pursuant  to
    42  section  400.02  of this article or the registry established pursuant to
    43  subdivision sixteen-a of section 400.00 of this article].  The  division
    44  of  state police may share such information with a local law enforcement
    45  agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
    46  establish  probable  cause to believe that the purchaser has committed a
    47  crime absent other information tending to  prove  the  commission  of  a
    48  crime.  Records assembled or accessed pursuant to this section shall not
    49  be subject to disclosure pursuant to article six of the public  officers
    50  law.  This  requirement  of  this section shall not apply (i) if a back-
    51  ground check cannot be completed because the system is  not  operational
    52  as  determined by the superintendent of state police, or where it cannot
    53  be accessed by the practitioner due  to  a  temporary  technological  or
    54  electrical  failure,  as  set  forth  in regulation, or (ii) a dealer or
    55  seller has been granted a waiver from conducting such  background  check
    56  if  the  superintendent  of  state police determines that such dealer is

        A. 6140                            24
 
     1  incapable of such check due to technological limitations  that  are  not
     2  reasonably  within  the  control  of  the  dealer,  or other exceptional
     3  circumstances demonstrated by the dealer, pursuant to a  process  estab-
     4  lished in regulation, and at the discretion of such superintendent.
     5    6.  If  the  superintendent  of state police certifies that background
     6  checks of ammunition purchasers in the county of  Kings,  Queens,  Rich-
     7  mond,  New  York  or Bronx may be conducted through the national instant
     8  criminal background check system, use of that  system  by  a  dealer  or
     9  seller shall be sufficient to satisfy subdivisions four and five of this
    10  section and such checks shall be conducted through such system, provided
    11  that a record of such transaction shall be forwarded to the state police
    12  in a form determined by the superintendent.
    13    7. No commercial transfer of ammunition shall take place in the county
    14  of  Kings,  Queens, Richmond, New York or Bronx unless a licensed dealer
    15  in firearms or registered seller of ammunition acts as  an  intermediary
    16  between the transferor and the ultimate transferee of the ammunition for
    17  the  purposes  of  contacting  the statewide license and record database
    18  pursuant to this section. Such transfer between the  dealer  or  seller,
    19  and transferee must occur in person.
    20    8.  A  seller  of  ammunition  who  fails to register pursuant to this
    21  section and sells ammunition, for a first offense, shall be guilty of  a
    22  violation  and  subject  to  the  fine of one thousand dollars and for a
    23  second offense, shall be guilty of a class A misdemeanor.
    24    A seller of ammunition that fails to keep any record required pursuant
    25  to this section, for a first offense shall be guilty of a violation  and
    26  subject  to  a  fine  of  five hundred dollars, and for a second offense
    27  shall be guilty of a class B misdemeanor, and the registration  of  such
    28  seller shall be revoked.
    29    §  33.  Paragraph  (a)  of  subdivision 1 and subdivision 3 of section
    30  400.10 of the penal law, as amended by chapter 1 of the  laws  of  2013,
    31  are amended to read as follows:
    32    (a)  Any  owner  or  other  person  lawfully  in  possession of: (i) a
    33  firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
    34  on; (ii) in the county of Kings, Queens, Richmond, New  York  or  Bronx,
    35  ammunition  as  well as a firearm, rifle or shotgun who suffers the loss
    36  or theft of such ammunition as well as a firearm, rifle or  shotgun;  or
    37  (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
    38  nition  and  is a dealer in firearms or seller of ammunition who suffers
    39  the loss or theft of such ammunition shall within twenty-four  hours  of
    40  the discovery of the loss or theft report the facts and circumstances of
    41  the loss or theft to a police department or sheriff's office.
    42    3.  Notwithstanding  any  other provision of law, a violation of para-
    43  graph (a) of subdivision one of this section shall be [a class A  misde-
    44  meanor] punishable only by a fine not to exceed one hundred dollars.
    45    § 34. Section 2509 of the surrogate's court procedure act, as added by
    46  chapter 1 of the laws of 2013, is amended to read as follows:
    47  § 2509. Firearms inventory
    48    Whenever,  by  regulation, rule or statute, a fiduciary or attorney of
    49  record in the county of Kings, Queens, Richmond, New York or Bronx  must
    50  file  a  list of assets constituting a decedent's estate, such list must
    51  include a particularized  description  of  every  firearm,  shotgun  and
    52  rifle,  as  such  terms  are defined in section 265.00 of the penal law,
    53  that are part of such estate. Such list must be filed  with  the  surro-
    54  gate's  court  in  the county in which the estate proceeding, if any, is
    55  pending and a copy must be filed with the division of  criminal  justice
    56  services.

        A. 6140                            25
 
     1    § 35. This act shall take effect immediately.
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