NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4816
SPONSOR: Smullen 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 N1CS 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 defi-
nition 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 26536 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 26537 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
weapon in a household and making these weaponi 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 goal should be a full repeal of the SAFE Act, this legis-
lation recoanizes that the SAFE Act is specifically harmful to the rural
and suburban areas of our State.
PRIOR LEGISLATIVE HISTORY:
2016-A10354 Held in Codes
2018-A6140 Held in Codes
2020-A5758 Held in Codes
2022-A2335 Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Positive to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4816
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, the family court act, the
domestic relations law, the general business law, the judiciary law,
the mental hygiene law, the penal law and the surrogate's court proce-
dure act, in relation to limiting the application of certain
provisions of law relating to firearms to the counties of Kings,
Queens, Richmond, New York and Bronx; and to repeal section 400.02 of
the penal law relating to the statewide license and record database
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
2 law, as added by chapter 1 of the laws of 2013, is amended to read as
3 follows:
4 2-a. Firearm, rifle or shotgun surrender order in certain counties.
5 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
6 upon entry of a verdict of not responsible by reason of mental disease
7 or defect, or upon the acceptance of a plea of not responsible by reason
8 of mental disease or defect, or upon a finding that the defendant is an
9 incapacitated person pursuant to article seven hundred thirty of this
10 chapter, the court shall revoke the defendant's firearm license, if any,
11 inquire of the defendant as to the existence and location of any
12 firearm, rifle or shotgun owned or possessed by such defendant and
13 direct the surrender of such firearm, rifle or shotgun pursuant to
14 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
15 subdivision six of section 400.05 of the penal law.
16 § 2. Section 380.96 of the criminal procedure law, as added by chapter
17 1 of the laws of 2013, is amended to read as follows:
18 § 380.96 Obligation of sentencing court in certain counties pursuant to
19 article four hundred of the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06933-02-3
A. 4816 2
1 [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx,
2 upon judgment of conviction of any offense which would require the
3 seizure of firearms, shotguns or rifles from an individual so convicted,
4 and the revocation of any license or registration issued pursuant to
5 article four hundred of the penal law, the judge pronouncing sentence
6 shall demand surrender of any such license or registration and all
7 firearms, shotguns and rifles. The failure to so demand surrender shall
8 not effect the validity of any revocation pursuant to article four
9 hundred of the penal law.
10 § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
11 as amended by chapter 60 of the laws of 2018, the opening paragraphs of
12 subdivisions 1, 2 and 3 as amended by chapter 577 of the laws of 2022,
13 paragraphs (a) and (b) of subdivision 1 as amended by section 8 of part
14 M, paragraphs (a) and (b) of subdivision 2 as amended by section 9 of
15 part M, and paragraphs (a) and (b) of subdivision 3 as amended by
16 section 10 of part M of chapter 55 of the laws of 2020, paragraph (c) of
17 subdivision 1, paragraph (c)of subdivision 2 and paragraph (c) of subdi-
18 vision 3, as amended by chapter 576 of the laws of 2022, are amended to
19 read as follows:
20 1. [Suspension] Mandatory and permissive suspension of firearms
21 license and ineligibility for such a license upon the issuance of a
22 temporary order of protection. Whenever a temporary order of protection
23 is issued pursuant to section eight hundred twenty-eight of this arti-
24 cle, or in the counties of Kings, Queens, Richmond, New York and Bronx,
25 pursuant to article four, five, six, seven or ten of this act the court
26 shall inquire of the respondent and, outside of the presence of the
27 respondent, the petitioner or, if the petitioner is not the protected
28 party, any party protected by such order, if the court has reason to
29 believe that such petitioner or protected party would have actual know-
30 ledge or reason to know such information, as to the existence and
31 location of any firearm, rifle or shotgun owned or possessed by the
32 respondent and:
33 (a) the court shall suspend any such existing license possessed by the
34 respondent, order the respondent ineligible for such a license, and
35 order the immediate surrender [pursuant to subparagraph (f) of paragraph
36 one of subdivision a of section 265.20 and subdivision six of section
37 400.05 of the penal law,] of any or all firearms, rifles and shotguns
38 owned or possessed where the court receives information that gives the
39 court good cause to believe that: (i) the respondent has a prior
40 conviction of any violent felony offense as defined in section 70.02 of
41 the penal law; (ii) the respondent has previously been found to have
42 willfully failed to obey a prior order of protection and such willful
43 failure involved (A) the infliction of physical injury, as defined in
44 subdivision nine of section 10.00 of the penal law, (B) the use or
45 threatened use of a deadly weapon or dangerous instrument as those terms
46 are defined in subdivisions twelve and thirteen of section 10.00 of the
47 penal law, or (C) behavior constituting any violent felony offense as
48 defined in section 70.02 of the penal law; or (iii) the respondent has a
49 prior conviction for stalking in the first degree as defined in section
50 120.60 of the penal law, stalking in the second degree as defined in
51 section 120.55 of the penal law, stalking in the third degree as defined
52 in section 120.50 of the penal law or stalking in the fourth degree as
53 defined in section 120.45 of such law;
54 (b) the court may and, in the counties of Kings, Queens, Richmond, New
55 York and Bronx, shall where the court finds a substantial risk that the
56 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
A. 4816 3
1 fully against the person or persons for whose protection the temporary
2 order of protection is issued, suspend any such existing license
3 possessed by the respondent, order the respondent ineligible for such a
4 license, and order the immediate surrender [pursuant to subparagraph (f)
5 of paragraph one of subdivision a of section 265.20 and subdivision six
6 of section 400.05 of the penal law,] of any or all firearms, rifles and
7 shotguns owned or possessed; and
8 (c) the court shall where the defendant willfully refuses to surrender
9 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
10 this subdivision, or may for other good cause shown, order the immediate
11 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
12 to an order issued in accordance with article six hundred ninety of the
13 criminal procedure law, consistent with such rights as the defendant may
14 derive from this article or the constitution of this state or the United
15 States.
16 2. [Revocation] Mandatory and permissive revocation or suspension of
17 firearms license and ineligibility for such a license upon the issuance
18 of an order of protection. Whenever an order of protection is issued
19 pursuant to section eight hundred forty-one of this part, in the county
20 of Kings, Queens, Richmond, New York or Bronx, or pursuant to article
21 four, five, six, seven or ten of this act the court shall inquire of the
22 respondent and, outside of the presence of the respondent, the petition-
23 er or, if the petitioner is not the protected party, any party protected
24 by such order, if the court has reason to believe that such petitioner
25 or protected party would have actual knowledge or reason to know such
26 information, as to the existence and location of any firearm, rifle or
27 shotgun owned or possessed by the respondent and:
28 (a) the court shall revoke any such existing license possessed by the
29 respondent, order the respondent ineligible for such a license, and
30 order the immediate surrender [pursuant to subparagraph (f) of paragraph
31 one of subdivision a of section 265.20 and subdivision six of section
32 400.05 of the penal law,] of any or all firearms, rifles and shotguns
33 owned or possessed where the court finds that the conduct which resulted
34 in the issuance of the order of protection involved (i) the infliction
35 of serious physical injury, as defined in subdivision [nine] ten of
36 section 10.00 of the penal law, (ii) the use or threatened use of a
37 deadly weapon or dangerous instrument as those terms are defined in
38 subdivisions twelve and thirteen of section 10.00 of the penal law, or
39 (iii) behavior constituting any violent felony offense as defined in
40 section 70.02 of the penal law;
41 (b) the court may and, in the counties of Kings, Queens, Richmond, New
42 York and Bronx, shall, where the court finds a substantial risk that the
43 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
44 fully against the person or persons for whose protection the order of
45 protection is issued, (i) revoke any such existing license possessed by
46 the respondent, order the respondent ineligible for such a license and
47 order the immediate surrender [pursuant to subparagraph (f) of paragraph
48 one of subdivision a of section 265.20 and subdivision six of section
49 400.05 of the penal law,] of any or all firearms, rifles and shotguns
50 owned or possessed or (ii) suspend or continue to suspend any such
51 existing license possessed by the respondent, order the respondent inel-
52 igible for such a license, and order the immediate surrender pursuant to
53 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
54 subdivision six of section 400.05 of the penal law, of any or all
55 firearms, rifles and shotguns owned or possessed; and
A. 4816 4
1 (c) the court shall where the defendant willfully refuses to surrender
2 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
3 this subdivision, or may for other good cause shown, order the immediate
4 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
5 to an order issued in accordance with article six hundred ninety of the
6 criminal procedure law, consistent with such rights as the defendant may
7 derive from this article or the constitution of this state or the United
8 States.
9 3. [Revocation] Mandatory and permissive revocation or suspension of
10 firearms license and ineligibility for such a license upon a finding of
11 a willful failure to obey an order of protection or, in the county of
12 Kings, Queens, Richmond, New York or Bronx, temporary order of
13 protection. Whenever a respondent has been found, pursuant to section
14 eight hundred forty-six-a of this part to have willfully failed to obey
15 an order of protection or temporary order of protection issued pursuant
16 to this act or the domestic relations law, or by this court or by a
17 court of competent jurisdiction in another state, territorial or tribal
18 jurisdiction, in addition to any other remedies available pursuant to
19 section eight hundred forty-six-a of this part the court shall inquire
20 of the respondent and, outside the presence of the respondent, the peti-
21 tioner or, if the petitioner is not the protected party, any party
22 protected by such order, if the court has reason to believe that such
23 petitioner or protected party would have actual knowledge or reason to
24 know such information, as to the existence and location of any firearm,
25 rifle or shotgun owned or possessed by the respondent and:
26 (a) the court shall revoke any such existing license possessed by the
27 respondent, order the respondent ineligible for such a license, and
28 order the immediate surrender[ pursuant to subparagraph (f) of paragraph
29 one of subdivision a of section 265.20 and subdivision six of section
30 400.05 of the penal law,] of any or all firearms, rifles and shotguns
31 owned or possessed where the willful failure to obey such order involves
32 (i) the infliction of serious physical injury, as defined in subdivision
33 [nine] ten of section 10.00 of the penal law, (ii) the use or threatened
34 use of a deadly weapon or dangerous instrument as those terms are
35 defined in subdivisions twelve and thirteen of section 10.00 of the
36 penal law, or (iii) behavior constituting any violent felony offense as
37 defined in section 70.02 of the penal law; or (iv) behavior constituting
38 stalking in the first degree as defined in section 120.60 of the penal
39 law, stalking in the second degree as defined in section 120.55 of the
40 penal law, stalking in the third degree as defined in section 120.50 of
41 the penal law or stalking in the fourth degree as defined in section
42 120.45 of such law;
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 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
46 fully against the person or persons for whose protection the order of
47 protection was issued, (i) revoke any such existing license possessed by
48 the respondent, order the respondent ineligible for such a license,
49 whether or not the respondent possesses such a license, and order the
50 immediate surrender [pursuant to subparagraph (f) of paragraph one of
51 subdivision a of section 265.20 and subdivision six of section 400.05 of
52 the penal law,] of any or all firearms, rifles and shotguns owned or
53 possessed or (ii) suspend any such existing license possessed by the
54 respondent, order the respondent ineligible for such a license, and
55 order the immediate surrender of any or all firearms, rifles and shot-
56 guns owned or possessed; and
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1 (c) the court shall where the defendant willfully refuses to surrender
2 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
3 this subdivision, or may for other good cause shown, order the immediate
4 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
5 to an order issued in accordance with article six hundred ninety of the
6 criminal procedure law, consistent with such rights as the defendant may
7 derive from this article or the constitution of this state or the United
8 States.
9 § 4. Section 846-a of the family court act, as amended by chapter 1 of
10 the laws of 2013, is amended to read as follows:
11 § 846-a. Powers on failure to obey order. If a respondent is brought
12 before the court for failure to obey any lawful order issued under this
13 article or an order of protection or, in the county of Kings, Queens,
14 Richmond, New York or Bronx, temporary order of protection issued
15 [pursuant to this act or issued] by a court of competent jurisdiction of
16 another state, territorial or tribal jurisdiction and if, after hearing,
17 the court is satisfied by competent proof that the respondent has will-
18 fully failed to obey any such order, the court may modify an existing
19 order or, in the county of Kings, Queens, Richmond, New York or Bronx,
20 temporary order of protection to add reasonable conditions of behavior
21 to the existing order, make a new order of protection in accordance with
22 section eight hundred forty-two of this part, may order the forfeiture
23 of bail in a manner consistent with article five hundred forty of the
24 criminal procedure law if bail has been ordered pursuant to this act,
25 may order the respondent to pay the petitioner's reasonable and neces-
26 sary counsel fees in connection with the violation petition where the
27 court finds that the violation of its order was willful, and may commit
28 the respondent to jail for a term not to exceed six months. Such commit-
29 ment may be served upon certain specified days or parts of days as the
30 court may direct, and the court may, at any time within the term of such
31 sentence, revoke such suspension and commit the respondent for the
32 remainder of the original sentence, or suspend the remainder of such
33 sentence. If the court determines that the willful failure to obey such
34 order involves violent behavior constituting the crimes of menacing,
35 reckless endangerment, assault or attempted assault and if such a
36 respondent is licensed to carry, possess, repair and dispose of firearms
37 pursuant to section 400.00 of the penal law, the court may also imme-
38 diately revoke such license and may arrange for the immediate surrender
39 [pursuant to subparagraph (f) of paragraph one of subdivision a of
40 section 265.20 and subdivision six of section 400.05 of the penal law,]
41 and disposal of any firearm such respondent owns or possesses. If the
42 willful failure to obey such order involves the infliction of serious
43 physical injury as defined in subdivision [nine] ten of section 10.00 of
44 the penal law or the use or threatened use of a deadly weapon or danger-
45 ous instrument, as those terms are defined in subdivisions twelve and
46 thirteen of section 10.00 of the penal law, such revocation and immedi-
47 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
48 sion a of section 265.20 and subdivision six of section 400.05 of the
49 penal law six] and disposal of any firearm owned or possessed by
50 respondent shall be mandatory, pursuant to subdivision eleven of section
51 400.00 of the penal law.
52 § 5. Section 446-a of the family court act, as added by chapter 1 of
53 the laws of 2013, is amended to read as follows:
54 § 446-a. Firearms; surrender and license suspension, revocation and
55 ineligibility; certain counties. [Upon] In the counties of Kings,
56 Queens, Richmond, New York and Bronx, upon the issuance of an order of
A. 4816 6
1 protection or temporary order of protection, or upon a violation of such
2 order, the court shall make a determination regarding the suspension and
3 revocation of a license to carry, possess, repair or dispose of a
4 firearm or firearms, ineligibility for such a license and the surrender
5 of firearms in accordance with section eight hundred forty-two-a of this
6 act.
7 § 6. Section 552 of the family court act, as added by chapter 1 of the
8 laws of 2013, is amended to read as follows:
9 § 552. Firearms; surrender and license suspension, revocation and
10 ineligibility; certain counties. [Upon] In the counties of Kings,
11 Queens, Richmond, New York and Bronx, upon the issuance of an order of
12 protection or temporary order of protection, or upon a violation of such
13 order, the court shall make a determination regarding the suspension and
14 revocation of a license to carry, possess, repair or dispose of a
15 firearm or firearms, ineligibility for such a license and the surrender
16 of firearms in accordance with section eight hundred forty-two-a of this
17 act.
18 § 7. Section 656-a of the family court act, as added by chapter 1 of
19 the laws of 2013, is amended to read as follows:
20 § 656-a. Firearms; surrender and license suspension, revocation and
21 ineligibility; certain counties. [Upon] In the counties of Kings,
22 Queens, Richmond, New York and Bronx, upon the issuance of an order of
23 protection or temporary order of protection, or upon a violation of such
24 order, the court shall make a determination regarding the suspension and
25 revocation of a license to carry, possess, repair or dispose of a
26 firearm or firearms, ineligibility for such a license and the surrender
27 of firearms in accordance with section eight hundred forty-two-a of this
28 act.
29 § 8. Section 780-a of the family court act, as added by chapter 1 of
30 the laws of 2013, is amended to read as follows:
31 § 780-a. Firearms; surrender and license suspension, revocation and
32 ineligibility; certain counties. [Upon] In the counties of Kings,
33 Queens, Richmond, New York and Bronx, upon the issuance of an order of
34 protection or temporary order of protection, or upon a violation of such
35 order, the court shall make a determination regarding the suspension and
36 revocation of a license to carry, possess, repair or dispose of a
37 firearm or firearms, ineligibility for such a license and the surrender
38 of firearms in accordance with section eight hundred forty-two-a of this
39 act.
40 § 9. Section 1056-a of the family court act, as added by chapter 1 of
41 the laws of 2013, is amended to read as follows:
42 § 1056-a. Firearms; surrender and license suspension, revocation and
43 ineligibility; certain counties. [Upon] In the counties of Kings,
44 Queens, Richmond, New York and Bronx, upon the issuance of an order of
45 protection or temporary order of protection, or upon a violation of such
46 order, the court shall make an order in accordance with section eight
47 hundred forty-two-a of this act.
48 § 10. Paragraph h of subdivision 3 of section 240 of the domestic
49 relations law, as amended by chapter 1 of the laws of 2013, is amended
50 to read as follows:
51 h. Upon issuance of an order of protection or temporary order of
52 protection or upon a violation of such order, the court may and, in the
53 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
54 determination regarding the suspension and revocation of a license to
55 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
56 ity for such a license and the surrender of firearms in accordance with
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1 sections eight hundred forty-two-a and eight hundred forty-six-a of the
2 family court act, as applicable. Upon issuance of an order of protection
3 pursuant to this section or upon a finding of a violation thereof, the
4 court also may direct payment of restitution in an amount not to exceed
5 ten thousand dollars in accordance with subdivision (e) of section eight
6 hundred forty-one of such act; provided, however, that in no case shall
7 an order of restitution be issued where the court determines that the
8 party against whom the order would be issued has already compensated the
9 injured party or where such compensation is incorporated in a final
10 judgment or settlement of the action.
11 § 11. Subdivision 9 of section 252 of the domestic relations law, as
12 amended by chapter 1 of the laws of 2013, is amended to read as follows:
13 9. Upon issuance of an order of protection or temporary order of
14 protection or upon a violation of such order, the court may and, in the
15 counties of Kings, Queens, Richmond, New York and Bronx, shall make a
16 determination regarding the suspension and revocation of a license to
17 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
18 ity for such a license and the surrender of firearms in accordance with
19 sections eight hundred forty-two-a and eight hundred forty-six-a of the
20 family court act, as applicable. Upon issuance of an order of protection
21 pursuant to this section or upon a finding of a violation thereof, the
22 court also may direct payment of restitution in an amount not to exceed
23 ten thousand dollars in accordance with subdivision (e) of section eight
24 hundred forty-one of such act; provided, however, that in no case shall
25 an order of restitution be issued where the court determines that the
26 party against whom the order would be issued has already compensated the
27 injured party or where such compensation is incorporated in a final
28 judgment or settlement of the action.
29 § 12. The opening paragraph and paragraph (b) of subdivision 1 of
30 section 530.14 of the criminal procedure law, the opening paragraph as
31 amended by chapter 577 of the laws of 2022 and paragraph (b) as amended
32 by section 3 of part M of chapter 55 of the laws of 2020, are amended to
33 read as follows:
34 [Suspension] Mandatory and permissive suspension of firearms license
35 and ineligibility for such a license upon issuance of temporary order of
36 protection. Whenever a temporary order of protection is issued pursuant
37 to subdivision one of section 530.12 or subdivision one of section
38 530.13 of this article the court shall inquire of the defendant and the
39 prosecutor as to the existence and location of any firearm, rifle or
40 shotgun reasonably believed to be owned or possessed by the defendant,
41 and the prosecutor will make reasonable efforts to obtain such informa-
42 tion regarding the same and present it to the court and:
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, rifle or shotgun unlaw-
46 fully against the person or persons for whose protection the temporary
47 order of protection is issued, suspend any such existing license
48 possessed by the defendant, order the defendant ineligible for such a
49 license and order the immediate surrender [pursuant to subparagraph (f)
50 of paragraph one of subdivision a of section 265.20 and subdivision six
51 of section 400.05 of the penal law,] of any or all firearms, rifles and
52 shotguns owned or possessed; and
53 § 13. The opening paragraph and paragraph (b) of subdivision 2 of
54 section 530.14 of the criminal procedure law, the opening paragraph as
55 amended by chapter 577 of the laws of 2022 and paragraph (b) as amended
A. 4816 8
1 by section 4 of part M of chapter 55 of the laws of 2020, are amended to
2 read as follows:
3 [Revocation] Mandatory and permissive revocation or suspension of
4 firearms license and ineligibility for such a license upon issuance of
5 an order of protection. Whenever an order of protection is issued pursu-
6 ant to subdivision five of section 530.12 or subdivision four of section
7 530.13 of this article the court shall inquire of the defendant and the
8 prosecutor as to the existence and location of any firearm, rifle or
9 shotgun reasonably believed to be owned or possessed by the defendant,
10 and the prosecutor will make reasonable efforts to obtain such informa-
11 tion regarding the same and present it to the court and:
12 (b) the court may and, in the counties of Kings, Queens, Richmond, New
13 York and Bronx, shall where the court finds a substantial risk that the
14 defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
15 fully against the person or persons for whose protection the order of
16 protection is issued, (i) revoke any such existing license possessed by
17 the defendant, order the defendant ineligible for such a license and
18 order the immediate surrender of any or all firearms, rifles and shot-
19 guns owned or possessed or (ii) suspend or continue to suspend any such
20 existing license possessed by the defendant, order the defendant ineli-
21 gible for such a license and order the immediate surrender [pursuant to
22 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
23 subdivision six of section 400.05 of the penal law,] of any or all
24 firearms, rifles and shotguns owned or possessed; and
25 § 14. The opening paragraph and paragraph (b) of subdivision 3 of
26 section 530.14 of the criminal procedure law, the opening paragraph as
27 amended by chapter 577 of the laws of 2022 and paragraph (b) as amended
28 by section 5 of part M of chapter 55 of the laws of 2020, are amended to
29 read as follows:
30 [Revocation] Mandatory and permissive revocation or suspension of
31 firearms license and ineligibility for such a license upon a finding of
32 a willful failure to obey an order of protection. Whenever a defendant
33 has been found pursuant to subdivision eleven of section 530.12 or
34 subdivision eight of section 530.13 of this article to have willfully
35 failed to obey an order of protection issued by a court of competent
36 jurisdiction in this state or another state, territorial or tribal
37 jurisdiction, in addition to any other remedies available pursuant to
38 subdivision eleven of section 530.12 or subdivision eight of section
39 530.13 of this article the court shall inquire of the defendant and the
40 prosecutor as to the existence and location of any firearm, rifle or
41 shotgun reasonably believed to be owned or possessed by the defendant,
42 and the prosecutor will make reasonable efforts to obtain such informa-
43 tion regarding the same and present it to the court and:
44 (b) the court may and, in the counties of Kings, Queens, Richmond, New
45 York and Bronx, shall where the court finds a substantial risk that the
46 defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
47 fully against the person or persons for whose protection the order of
48 protection was issued, (i) revoke any such existing license possessed by
49 the defendant, order the defendant ineligible for such a license and
50 order the immediate surrender [pursuant to subparagraph (f) of paragraph
51 one of subdivision a of section 265.20 and subdivision six of section
52 400.05 of the penal law,] of any or all firearms, rifles and shotguns
53 owned or possessed or (ii) suspend any such existing license possessed
54 by the defendant, order the defendant ineligible for such a license and
55 order the immediate surrender [pursuant to subparagraph (f) of paragraph
56 one of subdivision a of section 265.20 and subdivision six of section
A. 4816 9
1 400.05 of the penal law,] of any or all firearms, rifles and shotguns
2 owned or possessed; and
3 § 15. The article heading of article 39-DDD of the general business
4 law, as added by chapter 1 of the laws of 2013, is amended to read as
5 follows:
6 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
7 IN CERTAIN COUNTIES
8 § 16. Subdivision 1 of section 898 of the general business law, as
9 amended by chapter 129 of the laws of 2019, is amended to read as
10 follows:
11 1. In addition to any other requirements pursuant to state and federal
12 law, all sales, exchanges or disposals of firearms, rifles or shotguns,
13 in the counties of Kings, Queens, Richmond, New York and Bronx, shall be
14 conducted in accordance with this section unless such sale, exchange or
15 disposal is conducted by a licensed importer, licensed manufacturer or
16 licensed dealer, as those terms are defined in 18 USC § 922, when such
17 sale, exchange or disposal is conducted pursuant to that person's feder-
18 al firearms license or such sale, exchange or disposal is between
19 members of an immediate family. When a sale, exchange or disposal is
20 conducted pursuant to a person's federal firearms license, before deliv-
21 ering a firearm, rifle or shotgun to any person, either (a) the National
22 Instant Criminal Background Check System (NICS) or its successor has
23 issued a "proceed" response to the federal firearms licensee, or (b)
24 thirty calendar days shall have elapsed since the date the federal
25 firearms licensee contacted NICS to initiate a national instant criminal
26 background check and NICS has not notified the federal firearms licensee
27 that the transfer of the firearm, rifle or shotgun to such person should
28 be denied. For purposes of this section, "immediate family" shall mean
29 spouses, domestic partners, children and step-children.
30 § 17. Paragraph (q) of subdivision 2 of section 212 of the judiciary
31 law, as amended by chapter 1 of the laws of 2013, is amended to read as
32 follows:
33 (q) Adopt rules to require transmission, to the criminal justice
34 information services division of the federal bureau of investigation or
35 to the division of criminal justice services, of the name and other
36 identifying information of each person who has a guardian appointed for
37 him or her pursuant to any provision of state law, based on a determi-
38 nation that as a result of marked subnormal intelligence, mental
39 illness, incapacity, condition or disease, he or she lacks the mental
40 capacity to contract or manage his or her own affairs. Any such records,
41 relating to persons residing in the county of Kings, Queens, Richmond,
42 New York or Bronx, transmitted directly to the federal bureau of inves-
43 tigation must also be transmitted to the division of criminal justice
44 services[, and any records received by the division of criminal justice
45 services pursuant to this paragraph may be checked against the statewide
46 license and record database].
47 § 18. Subdivision (j) of section 7.09 of the mental hygiene law, as
48 amended by chapter 1 of the laws of 2013, is amended to read as follows:
49 (j) (1) The commissioner, in cooperation with other applicable state
50 agencies, shall collect, retain or modify data or records, and shall
51 transmit such data or records: (i) to the division of criminal justice
52 services, or to the criminal justice information services division of
53 the federal bureau of investigation, for the purposes of responding to
54 queries to the national instant criminal background check system regard-
55 ing attempts to purchase or otherwise take possession of firearms, as
56 defined in 18 USC 921(a)(3), in accordance with applicable federal laws
A. 4816 10
1 or regulations, or (ii) for persons residing in the county of Kings,
2 Queens, Richmond, New York or Bronx, to the division of criminal justice
3 services, which may re-disclose such data and records only for determin-
4 ing whether a license issued pursuant to section 400.00 of the penal law
5 should be denied, suspended or revoked, under subdivision eleven of such
6 section, or for determining whether a person is no longer permitted
7 under federal or state law to possess a firearm. Such records, which may
8 not be used for any other purpose, shall include only names and other
9 non-clinical identifying information of persons who have been involun-
10 tarily committed to a hospital pursuant to article nine of this chapter,
11 [or section four hundred two or subdivision two of section five hundred
12 eight of the correction law,] or article seven hundred thirty or section
13 330.20 of the criminal procedure law or sections 322.2 or 353.4 of the
14 family court act, or to a secure treatment facility pursuant to article
15 ten of this chapter.
16 (2) The commissioner shall establish within the office of mental
17 health an administrative process to permit a person who has been or may
18 be disqualified from possessing such a firearm pursuant to 18 USC
19 922(4)(d) or who has been or may be disqualified from continuing to have
20 a license to carry, possess, repair, or dispose of a firearm under
21 section 400.00 of the penal law because such person, who resides in the
22 county of Kings, Queens, Richmond, New York or Bronx, was involuntarily
23 committed or civilly confined to a facility under the jurisdiction of
24 the commissioner, to petition for relief from that disability where such
25 person's record and reputation are such that such person will not be
26 likely to act in a manner dangerous to public safety and where the
27 granting of the relief would not be contrary to public safety. The
28 commissioner shall promulgate regulations to establish the relief from
29 disabilities program, which shall include, but not be limited to,
30 provisions providing for: (i) an opportunity for a disqualified person
31 to petition for relief in writing; (ii) the authority for the agency to
32 require that the petitioner undergo a clinical evaluation and risk
33 assessment; and (iii) a requirement that the agency issue a decision in
34 writing explaining the reasons for a denial or grant of relief. The
35 denial of a petition for relief from disabilities may be reviewed de
36 novo pursuant to the proceedings under article seventy-eight of the
37 civil practice law and rules.
38 § 19. Subdivision (b) of section 9.46 of the mental hygiene law, as
39 added by chapter 1 of the laws of 2013, is amended to read as follows:
40 (b) Notwithstanding any other law to the contrary, when a mental
41 health professional currently providing treatment services to a person,
42 who resides in the county of Kings, Queens, Richmond, New York or Bronx,
43 determines, in the exercise of reasonable professional judgment, that
44 such person is likely to engage in conduct that would result in serious
45 harm to self or others, he or she shall be required to report, as soon
46 as practicable, to the director of community services, or the director's
47 designee, who shall report to the division of criminal justice services
48 whenever he or she agrees that the person is likely to engage in such
49 conduct. Information transmitted to the division of criminal justice
50 services shall be limited to names and other non-clinical identifying
51 information, which may only be used for determining whether a license
52 issued pursuant to section 400.00 of the penal law should be suspended
53 or revoked, or for determining whether a person is ineligible for a
54 license issued pursuant to section 400.00 of the penal law, or is no
55 longer permitted under state or federal law to possess a firearm.
A. 4816 11
1 § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
2 chapter 1 of the laws of 2013, paragraph (h) as amended by chapter 209
3 of the laws of 2022, is amended to read as follows:
4 22. "Assault weapon" means
5 (a) (i) except as otherwise provided in paragraph (b) of this subdivi-
6 sion, a semiautomatic rifle that has an ability to accept a detachable
7 magazine and has at least two of the following characteristics:
8 (A) a folding or telescoping stock;
9 (B) a pistol grip that protrudes conspicuously beneath the action of
10 the weapon;
11 (C) a bayonet mount;
12 (D) a flash suppressor or threaded barrel designed to accommodate a
13 flash suppressor;
14 (E) a grenade launcher; or
15 (ii) a semiautomatic shotgun that has at least two of the following
16 characteristics:
17 (A) a folding or telescoping stock;
18 (B) a pistol grip that protrudes conspicuously beneath the action of
19 the weapon;
20 (C) a fixed magazine capacity in excess of five rounds;
21 (D) an ability to accept a detachable magazine; or
22 (iii) a semiautomatic pistol that has an ability to accept a detacha-
23 ble magazine and has at least two of the following characteristics:
24 (A) an ammunition magazine that attaches to the pistol outside of the
25 pistol grip;
26 (B) a threaded barrel capable of accepting a barrel extender, flash
27 suppressor, forward handgrip, or silencer;
28 (C) a shroud that is attached to, or partially or completely encir-
29 cles, the barrel and that permits the shooter to hold the firearm with
30 the nontrigger hand without being burned;
31 (D) a manufactured weight of fifty ounces or more when the pistol is
32 unloaded;
33 (E) a semiautomatic version of an automatic rifle, shotgun or firearm;
34 or
35 (iv) any of the weapons, or functioning frames or receivers of such
36 weapons, or copies or duplicates of such weapons, in any caliber, known
37 as:
38 (A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
39 models);
40 (B) Action Arms Israeli Military Industries UZI and Galil;
41 (C) Beretta Ar70 (SC-70);
42 (D) Colt AR-15;
43 (E) Fabrique National FN/FAL, FN/LAR, and FNC;
44 (F) SWD M-10, M-11, M-11/9, and M-12;
45 (G) Steyr AUG;
46 (H) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
47 (I) revolving cylinder shotguns, such as (or similar to) the Street
48 Sweeper and Striker 12;
49 (v) provided, however, that such term does not include: (A) any rifle,
50 shotgun or pistol that (I) is manually operated by bolt, pump, lever or
51 slide action; (II) has been rendered permanently inoperable; or (III) is
52 an antique firearm as defined in 18 U.S.C. 921(a)(16);
53 (B) a semiautomatic rifle that cannot accept a detachable magazine
54 that holds more than five rounds of ammunition;
55 (C) a semiautomatic shotgun that cannot hold more than five rounds of
56 ammunition in a fixed or detachable magazine;
A. 4816 12
1 (D) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
2 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
3 manufactured on October first, nineteen hundred ninety-three. The mere
4 fact that a weapon is not listed in Appendix A shall not be construed to
5 mean that such weapon is an assault weapon; or
6 (E) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
7 pistol or any of the weapons defined in subparagraph (iv) of paragraph
8 (b) of this subdivision lawfully possessed prior to September four-
9 teenth, nineteen hundred ninety-four; and
10 (b) (i) in the counties of Kings, Queens, Richmond, New York and
11 Bronx, a semiautomatic rifle that has an ability to accept a detachable
12 magazine and has at least one of the following characteristics:
13 [(i)] (A) a folding or telescoping stock;
14 [(ii)] (B) a pistol grip that protrudes conspicuously beneath the
15 action of the weapon;
16 [(iii)] (C) a thumbhole stock;
17 [(iv)] (D) a second handgrip or a protruding grip that can be held by
18 the non-trigger hand;
19 [(v)] (E) a bayonet mount;
20 [(vi)] (F) a flash suppressor, muzzle break, muzzle compensator, or
21 threaded barrel designed to accommodate a flash suppressor, muzzle
22 break, or muzzle compensator;
23 [(vii)] (G) a grenade launcher; or
24 [(b)] (ii) a semiautomatic shotgun that has at least one of the
25 following characteristics:
26 [(i)] (A) a folding or telescoping stock;
27 [(ii)] (B) a thumbhole stock;
28 [(iii)] (C) a second handgrip or a protruding grip that can be held by
29 the non-trigger hand;
30 [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
31 [(v)] (E) an ability to accept a detachable magazine; or
32 [(c)] (iii) a semiautomatic pistol that has an ability to accept a
33 detachable magazine and has at least one of the following character-
34 istics:
35 [(i)] (A) a folding or telescoping stock;
36 [(ii)] (B) a thumbhole stock;
37 [(iii)] (C) a second handgrip or a protruding grip that can be held by
38 the non-trigger hand;
39 [(iv)] (D) capacity to accept an ammunition magazine that attaches to
40 the pistol outside of the pistol grip;
41 [(v)] (E) a threaded barrel capable of accepting a barrel extender,
42 flash suppressor, forward handgrip, or silencer;
43 [(vi)] (F) a shroud that is attached to, or partially or completely
44 encircles, the barrel and that permits the shooter to hold the firearm
45 with the non-trigger hand without being burned;
46 [(vii)] (G) a manufactured weight of fifty ounces or more when the
47 pistol is unloaded; or
48 [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
49 firearm;
50 [(d)] (iv) a revolving cylinder shotgun;
51 [(e)] (v) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
52 tomatic pistol or weapon defined in former subparagraph (v) of paragraph
53 (e) of subdivision twenty-two of section 265.00 of this chapter as added
54 by chapter one hundred eighty-nine of the laws of two thousand and
55 otherwise lawfully possessed pursuant to such chapter of the laws of two
56 thousand prior to September fourteenth, nineteen hundred ninety-four;
A. 4816 13
1 [(f)] (vi) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
2 tomatic pistol or weapon defined in this paragraph or paragraph (a)[,
3 (b) or (c)] of this subdivision, possessed prior to the date of enact-
4 ment of [the] chapter one of the laws of two thousand thirteen which
5 added this paragraph;
6 [(g)] (vii) provided, however, that such term does not include:
7 [(i)] (A) any rifle, shotgun or pistol that [(A)] (I) is manually
8 operated by bolt, pump, lever or slide action; [(B)] (II) has been
9 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
10 defined in 18 U.S.C. 921(a)(16);
11 [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
12 zine that holds more than five rounds of ammunition;
13 [(iii)] (C) a semiautomatic shotgun that cannot hold more than five
14 rounds of ammunition in a fixed or detachable magazine; or
15 [(iv)] (D) a rifle, shotgun or pistol, or a replica or a duplicate
16 thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was
17 manufactured on October first, nineteen hundred ninety-three. The mere
18 fact that a weapon is not listed in Appendix A shall not be construed to
19 mean that such weapon is an assault weapon;
20 [(v)] (E) any weapon validly registered pursuant to subdivision
21 sixteen-a of section 400.00 of this chapter. Such weapons shall be
22 subject to the provisions of [paragraph (h)] subparagraph (viii) of this
23 [subdivision] paragraph;
24 [(vi)] (F) any firearm, rifle, or shotgun that was manufactured at
25 least fifty years prior to the current date, but not including replicas
26 thereof that is validly registered pursuant to subdivision sixteen-a of
27 section 400.00 of this chapter;
28 [(h)] (viii) Any weapon defined in [paragraph (e) or (f) of this
29 subdivision] subparagraph (v) or (vi) of this paragraph may only be sold
30 to, exchanged with or disposed of to a purchaser authorized to possess
31 such weapons or to an individual or entity outside of the state provided
32 that any such transfer to an individual or entity outside of the state
33 must be reported to the entity wherein the weapon is registered within
34 seventy-two hours of such transfer. An individual who transfers any such
35 weapon to an individual inside New York state or without complying with
36 the provisions of this paragraph shall be guilty of a class A misdemea-
37 nor.
38 § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
39 chapter 209 of the laws of 2022, is amended to read as follows:
40 23. "Large capacity ammunition feeding device" means a magazine, belt,
41 drum, feed strip, or similar device, that has a capacity of, or that can
42 be readily restored or converted to accept, more than ten rounds of
43 ammunition; provided, however, that such term does not include an
44 attached tubular device designed to accept, and capable of operating
45 only with, .22 caliber rimfire ammunition [or a feeding device that is a
46 curio or relic. A feeding device that is a curio or relic is defined as
47 a device that (i) was manufactured at least fifty years prior to the
48 current date, (ii) is only capable of being used exclusively in a
49 firearm, rifle, or shotgun that was manufactured at least fifty years
50 prior to the current date, but not including replicas thereof, (iii) is
51 possessed by an individual who is not prohibited by state or federal law
52 from possessing a firearm and (iv) is registered with the division of
53 state police pursuant to subdivision sixteen-a of section 400.00 of this
54 chapter, except such feeding devices transferred into the state may be
55 registered at any time, provided they are registered within thirty days
56 of their transfer into the state. Notwithstanding paragraph (h) of
A. 4816 14
1 subdivision twenty-two of this section, such feeding devices may be
2 transferred provided that such transfer shall be subject to the
3 provisions of section 400.03 of this chapter including the check
4 required to be conducted pursuant to such section].
5 § 22. Subdivision 24 of section 265.00 of the penal law, as added by
6 chapter 1 of the laws of 2013, is amended to read as follows:
7 24. "Seller of ammunition" means any person, firm, partnership, corpo-
8 ration or company who engages in the business of purchasing, selling or
9 keeping ammunition in the county of Kings, Queens, Richmond, New York or
10 Bronx.
11 § 23. The opening paragraph of section 265.01-b of the penal law, as
12 added by chapter 1 of the laws of 2013, is amended to read as follows:
13 A person is guilty of criminal possession of a firearm when he or she,
14 being a resident of the county of Kings, Queens, Richmond, New York or
15 Bronx: (1) possesses any firearm or; (2) lawfully possesses a firearm
16 prior to the effective date of [the] chapter one of the laws of two
17 thousand thirteen which added this section subject to the registration
18 requirements of subdivision sixteen-a of section 400.00 of this chapter
19 and knowingly fails to register such firearm pursuant to such subdivi-
20 sion.
21 § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
22 penal law, paragraph 3 as amended and paragraph 7-f as added by chapter
23 1 of the laws of 2013, are amended to read as follows:
24 3. Possession of a pistol or revolver by a person to whom a license
25 therefor has been issued as provided under section 400.00 or 400.01 of
26 this chapter or possession, in the county of Kings, Queens, Richmond,
27 New York or Bronx, of a weapon as defined in subparagraph (v) or (vi) of
28 paragraph [(e) or (f)] (b) of subdivision twenty-two of section 265.00
29 of this article which is registered pursuant to paragraph (a) of subdi-
30 vision sixteen-a of section 400.00 of this chapter or is included on an
31 amended license issued pursuant to section 400.00 of this chapter. In
32 the event such license is revoked, other than because such licensee is
33 no longer permitted to possess a firearm, rifle or shotgun under federal
34 or state law, information sufficient to satisfy the requirements of
35 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
36 mitted by the licensing officer to the division of state police, in a
37 form as determined by the superintendent of state police. Such trans-
38 mission shall constitute a valid registration under such section.
39 Further provided, notwithstanding any other section of this title, a
40 failure to register such weapon by an individual, in the county of
41 Kings, Queens, Richmond, New York or Bronx, who possesses such weapon
42 before the enactment of [the] chapter one of the laws of two thousand
43 thirteen which amended this paragraph and may so lawfully possess it
44 thereafter upon registration, shall only be subject to punishment pursu-
45 ant to paragraph (c) of subdivision sixteen-a of section 400.00 of this
46 chapter; provided, that such a license or registration shall not
47 preclude a conviction for the offense defined in subdivision three of
48 section 265.01 of this article or section 265.01-a of this article.
49 7-f. Possession and use of a magazine, belt, feed strip or similar
50 device, in the county of Kings, Queens, Richmond, New York or Bronx,
51 that contains more than seven rounds of ammunition, but that does not
52 have a capacity of or can readily be restored or converted to accept
53 more than ten rounds of ammunition, at an indoor or outdoor firing range
54 located in or on premises owned or occupied by a duly incorporated
55 organization organized for conservation purposes or to foster proficien-
56 cy in arms; at an indoor or outdoor firing range for the purpose of
A. 4816 15
1 firing a rifle or shotgun; at a collegiate, olympic or target shooting
2 competition under the auspices of or approved by the national rifle
3 association; or at an organized match sanctioned by the International
4 Handgun Metallic Silhouette Association.
5 § 25. The opening paragraph of section 265.37 of the penal law, as
6 amended by section 2 of part FF of chapter 57 of the laws of 2013, is
7 amended to read as follows:
8 It shall be unlawful for a person to knowingly possess, in the county
9 of Kings, Queens, Richmond, New York or Bronx, an ammunition feeding
10 device where such device contains more than seven rounds of ammunition.
11 § 26. Subdivision 1 of section 265.45 of the penal law, as amended by
12 chapter 371 of the laws of 2022, is amended to read as follows:
13 1. No person, residing in the county of Kings, Queens, Richmond, New
14 York or Bronx, who owns or is custodian of a rifle, shotgun or firearm
15 who resides with an individual who: (i) is under eighteen years of age;
16 (ii) such person knows or has reason to know is prohibited from possess-
17 ing a rifle, shotgun or firearm pursuant to a temporary or final extreme
18 risk protection order issued under article sixty-three-A of the civil
19 practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or
20 (iii) such person knows or has reason to know is prohibited from
21 possessing a rifle, shotgun or firearm based on a conviction for a felo-
22 ny or a serious offense, shall store or otherwise leave such rifle,
23 shotgun or firearm out of his or her immediate possession or control
24 without having first securely locked such rifle, shotgun or firearm in
25 an appropriate safe storage depository or rendered it incapable of being
26 fired by use of a gun locking device appropriate to that weapon.
27 § 27. Subdivision 1 of section 400.00 of the penal law, as separately
28 amended by chapters 371 and 669 of the laws of 2022, is amended to read
29 as follows:
30 1. Eligibility. No license shall be issued or renewed pursuant to this
31 section except by the licensing officer, and then only after investi-
32 gation and finding that all statements in a proper application for a
33 license are true. No license shall be issued or renewed except for an
34 applicant (a) twenty-one years of age or older, provided, however, that
35 where such applicant has been honorably discharged from the United
36 States army, navy, marine corps, air force or coast guard, or the
37 national guard of the state of New York, no such age restriction shall
38 apply; (b) of good moral character, which, for the purposes of this
39 article, shall mean having the essential character, temperament and
40 judgement necessary to be entrusted with a weapon and to use it only in
41 a manner that does not endanger oneself or others; (c) who has not been
42 convicted anywhere of a felony or a serious offense or who is not the
43 subject of an outstanding warrant of arrest issued upon the alleged
44 commission of a felony or 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 a noncitizen (i) is not illegally or unlawfully in the United States or
48 (ii) has not been admitted to the United States under a nonimmigrant
49 visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not
50 been discharged from the Armed Forces under dishonorable conditions; (h)
51 who, having been a citizen of the United States, has not renounced his
52 or her citizenship; (i) who has stated whether he or she has ever
53 suffered any mental illness; (j) who, being a resident of the county of
54 Kings, Queens, Richmond, New York or Bronx, has not been involuntarily
55 committed to a facility under the jurisdiction of an office of the
56 department of mental hygiene pursuant to article nine or fifteen of the
A. 4816 16
1 mental hygiene law, article seven hundred thirty or section 330.20 of
2 the criminal procedure law or substantially similar laws of any other
3 state, section four hundred two or five hundred eight of the correction
4 law, section 322.2 or 353.4 of the family court act, has not been civil-
5 ly confined in a secure treatment facility pursuant to article ten of
6 the mental hygiene law, or has not been the subject of a report made
7 pursuant to section 9.46 of the mental hygiene law; (k) who has not had
8 a license revoked or who is not under a suspension or ineligibility
9 order issued pursuant to the provisions of section 530.14 of the crimi-
10 nal procedure law or section eight hundred forty-two-a of the family
11 court act; (l) in the county of Westchester, who has successfully
12 completed a firearms safety course and test as evidenced by a certif-
13 icate of completion issued in his or her name and endorsed and affirmed
14 under the penalties of perjury by a duly authorized instructor, except
15 that: (i) persons who are honorably discharged from the United States
16 army, navy, marine corps or coast guard, or of the national guard of the
17 state of New York, and produce evidence of official qualification in
18 firearms during the term of service are not required to have completed
19 those hours of a firearms safety course pertaining to the safe use,
20 carrying, possession, maintenance and storage of a firearm; (ii) persons
21 who were licensed to possess a pistol or revolver prior to the effective
22 date of this paragraph are not required to have completed a firearms
23 safety course and test, provided, however, persons with a license issued
24 under paragraph (f) of subdivision two of this section prior to the
25 effective date of the laws of two thousand twenty-two which amended this
26 paragraph shall be required to complete the training required by subdi-
27 vision nineteen of this section prior to the recertification of such
28 license; and (iii) persons applying for a license under paragraph (f) of
29 subdivision two of this section on or after the effective date of the
30 chapter of the laws of two thousand twenty-two which amended this para-
31 graph who shall be required to complete the training required under
32 subdivision nineteen of this section for such license; (m) who, being a
33 resident of the county of Kings, Queens, Richmond, New York or Bronx,
34 has not had a guardian appointed for him or her pursuant to any
35 provision of state law, based on a determination that as a result of
36 marked subnormal intelligence, mental illness, incompetency, incapacity,
37 condition or disease, he or she lacks the mental capacity to contract or
38 manage his or her own affairs; (n) for a license issued under paragraph
39 (f) of subdivision two of this section, that the applicant has not been
40 convicted within five years of the date of the application of any of the
41 following: (i) assault in the third degree, as defined in section 120.00
42 of this chapter; (ii) misdemeanor driving while intoxicated, as defined
43 in section eleven hundred ninety-two of the vehicle and traffic law; or
44 (iii) menacing, as defined in section 120.15 of this chapter; and (o)
45 for a license issued under paragraph (f) of subdivision two of this
46 section, the applicant shall meet in person with the licensing officer
47 for an interview and shall, in addition to any other information or
48 forms required by the license application submit to the licensing offi-
49 cer the following information: (i) names and contact information for the
50 applicant's current spouse, or domestic partner, any other adults resid-
51 ing in the applicant's home, including any adult children of the appli-
52 cant, and whether or not there are minors residing, full time or part
53 time, in the applicant's home; (ii) names and contact information of no
54 less than four character references who can attest to the applicant's
55 good moral character and that such applicant has not engaged in any
56 acts, or made any statements that suggest they are likely to engage in
A. 4816 17
1 conduct that would result in harm to themselves or others; (iii) certif-
2 ication of completion of the training required in subdivision nineteen
3 of this section; (iv) a list of former and current social media accounts
4 of the applicant from the past three years to confirm the information
5 regarding the applicants character and conduct as required in subpara-
6 graph (ii) of this paragraph; and (v) such other information required by
7 the licensing officer that is reasonably necessary and related to the
8 review of the licensing application.
9 § 28. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
10 law, subdivisions 4, 10 and 11 as amended by chapter 371 of the laws of
11 2022, subdivision 5 as amended by chapter 1 of the laws of 2013, subpar-
12 agraph (iii) of paragraph (e) of subdivision 5 as amended by chapter 244
13 of the laws of 2019, and subdivision 12 as amended by chapter 207 of the
14 laws of 2022, are amended to read as follows:
15 4. Investigation. Before a license is issued or renewed, there shall
16 be an investigation of all statements required in the application by the
17 duly constituted police authorities of the locality where such applica-
18 tion is made[, including but not limited to such records as may be
19 accessible to the division of state police or division of criminal
20 justice services pursuant to section 400.02 of this article]. For that
21 purpose, the records of the appropriate office of the department of
22 mental hygiene concerning previous or present mental illness of the
23 applicant shall be available for inspection by the investigating officer
24 of the police authority. Where the applicant is domiciled in a foreign
25 state, the investigation shall include inquiry of the foreign state for
26 records concerning the previous or present mental illness of the appli-
27 cant, and, to the extent necessary for inspection by the investigating
28 officer, the applicant shall execute a waiver of confidentiality of such
29 record in such form as may be required by the foreign state. In order to
30 ascertain any previous criminal record, the investigating officer shall
31 take the fingerprints and physical descriptive data in quadruplicate of
32 each individual by whom the application is signed and verified. Two
33 copies of such fingerprints shall be taken on standard fingerprint cards
34 eight inches square, and one copy may be taken on a card supplied for
35 that purpose by the federal bureau of investigation; provided, however,
36 that in the case of a corporate applicant that has already been issued a
37 dealer in firearms license and seeks to operate a firearm dealership at
38 a second or subsequent location, the original fingerprints on file may
39 be used to ascertain any criminal record in the second or subsequent
40 application unless any of the corporate officers have changed since the
41 prior application, in which case the new corporate officer shall comply
42 with procedures governing an initial application for such license. When
43 completed, one standard card shall be forwarded to and retained by the
44 division of criminal justice services in the executive department, at
45 Albany. A search of the files of such division and written notification
46 of the results of the search shall be forwarded to the investigating
47 officer and shall be made without unnecessary delay. Thereafter, such
48 division shall notify the licensing officer and the executive depart-
49 ment, division of state police, Albany, of any criminal record of the
50 applicant filed therein subsequent to the search of its files. A second
51 standard card, or the one supplied by the federal bureau of investi-
52 gation, as the case may be, shall be forwarded to that bureau at Wash-
53 ington with a request that the files of the bureau be searched and
54 notification of the results of the search be made to the investigating
55 police authority. Of the remaining two fingerprint cards, one shall be
56 filed with the executive department, division of state police, Albany,
A. 4816 18
1 within ten days after issuance of the license, and the other shall
2 remain on file with the investigating police authority. No such finger-
3 prints may be inspected by any person other than a peace officer, who is
4 acting pursuant to his or her special duties, or a police officer,
5 except on order of a judge or justice of a court of record either upon
6 notice to the licensee or without notice, as the judge or justice may
7 deem appropriate. Upon completion of the investigation, the police
8 authority shall report the results to the licensing officer without
9 unnecessary delay.
10 5. Filing of approved applications. (a) The application for any
11 license, if granted, shall be filed by the licensing officer with the
12 clerk of the county of issuance, except that in the city of New York
13 and, in the counties of Nassau and Suffolk, the licensing officer shall
14 designate the place of filing in the appropriate division, bureau or
15 unit of the police department thereof, and in the county of Suffolk the
16 county clerk is hereby authorized to transfer all records or applica-
17 tions relating to firearms to the licensing authority of that county.
18 Except as provided in paragraphs (b) through [(f)] (e) of this subdivi-
19 sion, the name and address of any person to whom an application for any
20 license has been granted shall be a public record. Upon application by a
21 licensee who has changed his place of residence such records or applica-
22 tions shall be transferred to the appropriate officer at the licensee's
23 new place of residence. A duplicate copy of such application shall be
24 filed by the licensing officer in the executive department, division of
25 state police, Albany, within ten days after issuance of the license. The
26 superintendent of state police may designate that such application shall
27 be transmitted to the division of state police electronically. In the
28 event the superintendent of the division of state police determines that
29 it lacks any of the records required to be filed with the division, it
30 may request that such records be provided to it by the appropriate
31 clerk, department or authority and such clerk, department or authority
32 shall provide the division with such records. In the event such clerk,
33 department or authority lacks such records, the division may request the
34 license holder provide information sufficient to constitute such record
35 and such license holder shall provide the division with such informa-
36 tion. Such information shall be limited to the license holder's name,
37 date of birth, gender, race, residential address, social security number
38 and firearms possessed by said license holder. Nothing in this subdivi-
39 sion shall be construed to change the expiration date or term of such
40 licenses if otherwise provided for in law. [Records assembled or
41 collected for purposes of inclusion in the database established by this
42 section shall be released pursuant to a court order. Records assembled
43 or collected for purposes of inclusion in the database created pursuant
44 to section 400.02 of this chapter shall not be subject to disclosure
45 pursuant to article six of the public officers law.]
46 (b) Each application for a license pursuant to paragraph (a) of this
47 subdivision shall include, on a separate written form prepared by the
48 division of state police within thirty days of the effective date of
49 [the] chapter one of the laws of two thousand thirteen, which amended
50 this section, and provided to the applicant at the same time and in the
51 same manner as the application for a license, an opportunity for the
52 applicant to request an exception from his or her application informa-
53 tion becoming public record pursuant to paragraph (a) of this subdivi-
54 sion. Such forms, which shall also be made available to individuals who
55 had applied for or been granted a license prior to the effective date of
56 [the] chapter one of the laws of two thousand thirteen which amended
A. 4816 19
1 this section, shall notify applicants that, upon discovery that an
2 applicant knowingly provided false information, such applicant may be
3 subject to penalties pursuant to section 175.30 of this chapter, and
4 further, that his or her request for an exception shall be null and
5 void, provided that written notice containing such determination is
6 provided to the applicant. Further, such forms shall provide each appli-
7 cant an opportunity to specify the grounds on which he or she believes
8 his or her application information should not be publicly disclosed.
9 These grounds, which shall be identified on the application with a box
10 beside each for checking, as applicable, by the applicant, shall be as
11 follows:
12 (i) the applicant's life or safety may be endangered by disclosure
13 because:
14 (A) the applicant is an active or retired police officer, peace offi-
15 cer, probation officer, parole officer, or corrections officer;
16 (B) the applicant is a protected person under a currently valid order
17 of protection;
18 (C) the applicant is or was a witness in a criminal proceeding involv-
19 ing a criminal charge;
20 (D) the applicant is participating or previously participated as a
21 juror in a criminal proceeding, or is or was a member of a grand jury;
22 or
23 (E) the applicant is a spouse, domestic partner or household member of
24 a person identified in this subparagraph or subparagraph (ii) of this
25 paragraph, specifying which subparagraph or subparagraphs and clauses
26 apply.
27 (ii) the applicant has reason to believe his or her life or safety may
28 be endangered by disclosure due to reasons stated by the applicant.
29 (iii) the applicant has reason to believe he or she may be subject to
30 unwarranted harassment upon disclosure of such information.
31 (c) [Each form provided for recertification pursuant to paragraph (b)
32 of subdivision ten of this section shall include an opportunity for the
33 applicant to request an exception from the information provided on such
34 form becoming public record pursuant to paragraph (a) of this subdivi-
35 sion. Such forms shall notify applicants that, upon discovery that an
36 applicant knowingly provided false information, such applicant may be
37 subject to penalties pursuant to section 175.30 of this chapter, and
38 further, that his or her request for an exception shall be null and
39 void, provided that written notice containing such determination is
40 provided to the applicant. Further, such forms shall provide each appli-
41 cant an opportunity to either decline to request the grant or continua-
42 tion of an exception, or specify the grounds on which he or she believes
43 his or her information should not be publicly disclosed. These grounds,
44 which shall be identified in the application with a box beside each for
45 checking, as applicable, by the applicant, shall be the same as provided
46 in paragraph (b) of this subdivision.
47 (d)] Information submitted on the forms described in paragraph (b) of
48 this subdivision shall be excepted from disclosure and maintained by the
49 entity retaining such information separate and apart from all other
50 records.
51 [(e)] (d) (i) Upon receiving a request for exception from disclosure,
52 the licensing officer shall grant such exception, unless the request is
53 determined to be null and void, pursuant to paragraph (b)[ or (c)] of
54 this subdivision.
55 (ii) A request for an exception from disclosure may be submitted at
56 any time, including after a license or recertification has been granted.
A. 4816 20
1 (iii) If an exception is sought and granted pursuant to paragraph (b)
2 of this subdivision, the application information shall not be public
3 record, unless the request is determined to be null and void. [If an
4 exception is sought and granted pursuant to paragraph (c) of this subdi-
5 vision, the information concerning such recertification application
6 shall not be public record, unless the request is determined to be null
7 and void. Notwithstanding the foregoing provisions of this subparagraph,
8 local and state law enforcement shall, upon request, be granted access
9 to and copies of such application information provided that such infor-
10 mation obtained by law enforcement pursuant to this subparagraph shall
11 not be considered a public record of such law enforcement agency.
12 (f)] (e) The information of licensees or applicants for a license
13 shall not be disclosed to the public during the first one hundred twenty
14 days following the effective date of [the] chapter one of the laws of
15 two thousand thirteen, which amended this section. After such period,
16 the information of those who had applied for or been granted a license
17 prior to the preparation of the form for requesting an exception, pursu-
18 ant to paragraph (b) of this subdivision, may be released only if such
19 individuals did not file a request for such an exception during the
20 first sixty days following such preparation; provided, however, that no
21 information contained in an application for licensure or recertification
22 shall be disclosed by an entity that has not completed processing any
23 such requests received during such sixty days.
24 [(g)] (f) If a request for an exception is determined to be null and
25 void pursuant to paragraph (b) [or (c)] of this subdivision, an appli-
26 cant may request review of such determination pursuant to article seven-
27 ty-eight of the civil practice [laws] law and rules. Such proceeding
28 must commence within thirty days after service of the written notice
29 containing the adverse determination. Notice of the right to commence
30 such a petition, and the time period therefor, shall be included in the
31 notice of the determination. Disclosure following such a petition shall
32 not be made prior to the disposition of such review.
33 10. License: expiration, certification and renewal. (a) Any license
34 for gunsmith or dealer in firearms and, in the city of New York, any
35 license to carry or possess a pistol or revolver, issued at any time
36 pursuant to this section or prior to the first day of July, nineteen
37 hundred sixty-three and not limited to expire on an earlier date fixed
38 in the license, shall, except as otherwise provided in paragraph [(d)]
39 (c) of this subdivision, expire not more than three years after the date
40 of issuance. In the counties of Nassau, Suffolk and Westchester, any
41 license to carry or possess a pistol or revolver, issued at any time
42 pursuant to this section or prior to the first day of July, nineteen
43 hundred sixty-three and not limited to expire on an earlier date fixed
44 in the license, shall expire not more than five years after the date of
45 issuance; however, in the county of Westchester, any such license shall
46 be certified prior to the first day of April, two thousand, in accord-
47 ance with a schedule to be contained in regulations promulgated by the
48 commissioner of the division of criminal justice services, and every
49 such license shall, except as otherwise provided in paragraph [(d)] (c)
50 of this subdivision, be recertified every five years thereafter. For
51 purposes of this section certification shall mean that the licensee
52 shall provide to the licensing officer the following information only:
53 current name, date of birth, current address, and the make, model, cali-
54 ber and serial number of all firearms currently possessed. Such certif-
55 ication information shall be filed by the licensing officer in the same
56 manner as an amendment. Elsewhere than in the city of New York and the
A. 4816 21
1 counties of Nassau, Suffolk and Westchester, any license to carry or
2 possess a pistol or revolver, issued at any time pursuant to this
3 section or prior to the first day of July, nineteen hundred sixty-three
4 and not previously revoked or cancelled, shall be in force and effect
5 until revoked as herein provided. Any license not previously cancelled
6 or revoked shall remain in full force and effect for thirty days beyond
7 the stated expiration date on such license. Any application to renew a
8 license that has not previously expired, been revoked or cancelled shall
9 thereby extend the term of the license until disposition of the applica-
10 tion by the licensing officer. In the case of a license for gunsmith or
11 dealer in firearms, in counties having a population of less than two
12 hundred thousand inhabitants, photographs and fingerprints shall be
13 submitted on original applications and upon renewal thereafter at three
14 year intervals. Upon satisfactory proof that a currently valid original
15 license has been despoiled, lost or otherwise removed from the
16 possession of the licensee and upon application containing an additional
17 photograph of the licensee, the licensing officer shall issue a dupli-
18 cate license.
19 (b) [All licensees shall be recertified to the division of state
20 police every five years thereafter, except as otherwise provided in
21 paragraph (d) of this subdivision. Any license issued before the effec-
22 tive date of the chapter of the laws of two thousand thirteen which
23 added this paragraph shall be recertified by the licensee on or before
24 January thirty-first, two thousand eighteen, and not less than one year
25 prior to such date, the state police shall send a notice to all license
26 holders who have not recertified by such time. Such recertification
27 shall be in a form as approved by the superintendent of state police,
28 which shall request the license holder's name, date of birth, gender,
29 race, residential address, social security number, firearms possessed by
30 such license holder, email address at the option of the license holder
31 and an affirmation that such license holder is not prohibited from
32 possessing firearms. The form may be in an electronic form if so desig-
33 nated by the superintendent of state police. Failure to recertify shall
34 act as a revocation of such license. If the New York state police
35 discover as a result of the recertification process that a licensee
36 failed to provide a change of address, the New York state police shall
37 not require the licensing officer to revoke such license.
38 (c)] A license to purchase or take possession of a semiautomatic rifle
39 as defined in subdivision two of this section shall be recertified to
40 the applicable licensing officer every five years following the issuance
41 of such license. Failure to renew such a license shall be a violation
42 punishable by a fine not to exceed two hundred fifty dollars, and such
43 failure to renew shall be considered by the licensing officer when
44 reviewing future license applications by the license holder pursuant to
45 this chapter.
46 [(d)] (c) Licenses issued under paragraph (f) of subdivision two of
47 this section shall be recertified or renewed in the same form and manner
48 as otherwise required by this subdivision, provided however, that such
49 licenses shall be recertified or renewed every three years following the
50 issuance of such license. For licenses issued prior to the effective
51 date of this paragraph that were issued more than three years prior to
52 such date, or will expire in less than one year from such date shall be
53 recertified or renewed within one year of such date.
54 11. License: revocation and suspension. (a) The conviction of a licen-
55 see anywhere of a felony or serious offense [or a licensee at any time
56 becoming ineligible to obtain a license, including engaging in conduct
A. 4816 22
1 that would have resulted in the denial of a license, under this section]
2 shall operate as or be grounds for, a revocation of the license. A
3 license may be revoked or suspended as provided for in section 530.14 of
4 the criminal procedure law or section eight hundred forty-two-a of the
5 family court act. Except for a license issued pursuant to section 400.01
6 of this article, a license may be revoked and cancelled at any time in
7 the city of New York, and in the counties of Nassau and Suffolk, by the
8 licensing officer, and elsewhere than in the city of New York by any
9 judge or justice of a court of record; a license issued pursuant to
10 section 400.01 of this article may be revoked and cancelled at any time
11 by the licensing officer or any judge or justice of a court of record. A
12 license to engage in the business of dealer may be revoked or suspended
13 for any violation of the provisions of article thirty-nine-BB of the
14 general business law. The official revoking a license shall give written
15 notice thereof without unnecessary delay to the executive department,
16 division of state police, Albany, and shall also notify immediately the
17 duly constituted police authorities of the locality. The licensing offi-
18 cer shall revoke any license issued in which an applicant knowingly made
19 a material false statement on the application. Notice of a revocation
20 under this subdivision shall be issued in writing and shall include the
21 basis for the determination, which shall be supported by a preponderance
22 of the evidence. Such notice shall also include information regarding
23 the ability to appeal such decision in accordance with subdivision
24 four-a of this section.
25 (b) Whenever the director of community services in the counties of
26 Kings, Queens, Richmond, New York and Bronx, or his or her designee
27 makes a report pursuant to section 9.46 of the mental hygiene law, the
28 division of criminal justice services shall convey such information,
29 whenever it determines that the person named in the report possesses a
30 license issued pursuant to this section, to the appropriate licensing
31 official, who shall issue an order suspending or revoking such license.
32 (c) In any instance in which a person's license is suspended or
33 revoked under paragraph (a) or (b) of this subdivision, such person
34 shall surrender such license to the appropriate licensing official and
35 any and all firearms, rifles, or shotguns owned or possessed by such
36 person shall be surrendered to an appropriate law enforcement agency as
37 provided in subparagraph (f) of paragraph one of subdivision a of
38 section 265.20 of this chapter. In the event such license, firearm,
39 shotgun, or rifle is not surrendered, such items shall be removed and
40 declared a nuisance and any police officer or peace officer acting
41 pursuant to his or her special duties is authorized to remove any and
42 all such weapons.
43 12. Records required of gunsmiths and dealers in firearms. In addition
44 to the requirements set forth in article thirty-nine-BB of the general
45 business law, any person licensed as gunsmith or dealer in firearms
46 shall keep a record book approved as to form, except in the city of New
47 York, by the superintendent of state police. In the record book shall be
48 entered at the time of every transaction involving a firearm the date,
49 name, age, occupation and residence of any person from whom a firearm is
50 received or to whom a firearm is delivered, and the calibre, make,
51 model, manufacturer's name and serial number, or if none, any other
52 distinguishing number or identification mark on such firearm. Before
53 delivering a firearm to any person, the licensee shall require him to
54 produce either a license valid under this section to carry or possess
55 the same, or proof of lawful authority as an exempt person pursuant to
56 section 265.20 of this chapter and either (a) the National Instant Crim-
A. 4816 23
1 inal Background Check System (NICS) or its successor has issued a
2 "proceed" response to the licensee, or (b) thirty calendar days have
3 elapsed since the date the licensee contacted NICS to initiate a
4 national instant criminal background check and NICS has not notified the
5 licensee that the transfer of the firearm to such person should be
6 denied. In addition, before delivering a firearm to a peace officer, the
7 licensee shall verify that person's status as a peace officer with the
8 division of state police. After completing the foregoing, the licensee
9 shall remove and retain the attached coupon and enter in the record book
10 the date of such license, number, if any, and name of the licensing
11 officer, in the case of the holder of a license to carry or possess, or
12 the shield or other number, if any, assignment and department, unit or
13 agency, in the case of an exempt person. The original transaction report
14 shall be forwarded to the division of state police within ten days of
15 delivering a firearm to any person, and a duplicate copy shall be kept
16 by the licensee. The superintendent of state police may designate that
17 such record shall be completed and transmitted in electronic form. A
18 dealer may be granted a waiver from transmitting such records in elec-
19 tronic form if the superintendent determines that such dealer is incapa-
20 ble of such transmission due to technological limitations that are not
21 reasonably within the control of the dealer, or other exceptional
22 circumstances demonstrated by the dealer, pursuant to a process estab-
23 lished in regulation, and at the discretion of the superintendent.
24 [Records assembled or collected for purposes of inclusion in the data-
25 base created pursuant to section 400.02 of this article shall not be
26 subject to disclosure pursuant to article six of the public officers
27 law.] The record book shall be maintained on the premises mentioned and
28 described in the license and shall be open at all reasonable hours for
29 inspection by any peace officer, acting pursuant to his special duties,
30 or police officer. In the event of cancellation or revocation of the
31 license for gunsmith or dealer in firearms, or discontinuance of busi-
32 ness by a licensee, such record book shall be immediately surrendered to
33 the licensing officer in the city of New York, and in the counties of
34 Nassau and Suffolk, and elsewhere in the state to the executive depart-
35 ment, division of state police.
36 § 29. Subdivision 16-a of section 400.00 of the penal law, as added by
37 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
38 the laws of 2013, is amended to read as follows:
39 16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
40 or (f)] subparagraph (v) or (vi) of paragraph (b) of subdivision twen-
41 ty-two of section 265.00 of this chapter, who resides in the county of
42 Kings, Queens, Richmond, New York or Bronx, possessed before the date of
43 the effective date of [the] chapter one of the laws of two thousand
44 thirteen which added this paragraph, must make an application to regis-
45 ter such weapon with the superintendent of state police, in the manner
46 provided by the superintendent, or by amending a license issued pursuant
47 to this section within one year of the effective date of this subdivi-
48 sion except any weapon defined under [subparagraph (vi)] clause (F) of
49 subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-two of
50 section 265.00 of this chapter transferred into the state may be regis-
51 tered at any time, provided such weapons are registered within thirty
52 days of their transfer into the state. Registration information shall
53 include the registrant's name, date of birth, gender, race, residential
54 address, social security number and a description of each weapon being
55 registered. A registration in the county of Kings, Queens, Richmond, New
56 York or Bronx, of any weapon defined under [subparagraph (vi)] clause
A. 4816 24
1 (F) of subparagraph (vii) of paragraph [(g)] (b) of subdivision twenty-
2 two of section 265.00 or a feeding device as defined under subdivision
3 twenty-three of section 265.00 of this chapter shall be transferable,
4 provided that the seller notifies the division of state police within
5 seventy-two hours of the transfer and the buyer provides the division of
6 state police with information sufficient to constitute a registration
7 under this section. Such registration shall not be valid if such regis-
8 trant is prohibited or becomes prohibited from possessing a firearm
9 pursuant to state or federal law. The superintendent shall determine
10 whether such registrant is prohibited from possessing a firearm under
11 state or federal law. Such check shall be limited to determining whether
12 the factors in 18 USC 922 (g) apply or whether a registrant has been
13 convicted of a serious offense as defined in subdivision sixteen-b of
14 section 265.00 of this chapter, so as to prohibit such registrant from
15 possessing a firearm, and whether a report has been issued pursuant to
16 section 9.46 of the mental hygiene law. [All] Such registrants shall
17 recertify to the division of state police every five years thereafter.
18 Failure to recertify shall result in a revocation of such registration.
19 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
20 this subdivision, an owner, who resides in the county of Kings, Queens,
21 Richmond, New York or Bronx, of an assault weapon as defined in subdivi-
22 sion twenty-two of section 265.00 of this chapter, who is a qualified
23 retired New York or federal law enforcement officer as defined in subdi-
24 vision twenty-five of section 265.00 of this chapter, where such weapon
25 was issued to or purchased by such officer prior to retirement and in
26 the course of his or her official duties, and for which such officer was
27 qualified by the agency that employed such officer within twelve months
28 prior to his or her retirement, must register such weapon within sixty
29 days of retirement.
30 (b) The superintendent of state police shall create and maintain an
31 internet website to educate the public, who reside in the county of
32 Kings, Queens, Richmond, New York or Bronx, as to which semiautomatic
33 rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are
34 illegal as a result of the enactment of [the] chapter one of the laws of
35 two thousand thirteen which added this paragraph, as well as such
36 assault weapons which are illegal pursuant to article two hundred
37 sixty-five of this chapter. Such website shall contain information to
38 assist [the] such public in recognizing the relevant features proscribed
39 by such article two hundred sixty-five, as well as which make and model
40 of weapons that require registration.
41 (c) A person, who resides in the county of Kings, Queens, Richmond,
42 New York or Bronx, who knowingly fails to apply to register such weapon,
43 as required by this section, within one year of the effective date of
44 [the] chapter one of the laws of two thousand thirteen which added this
45 paragraph shall be guilty of a class A misdemeanor and such person who
46 unknowingly fails to validly register such weapon within such one year
47 period shall be given a warning by an appropriate law enforcement
48 authority about such failure and given thirty days in which to apply to
49 register such weapon or to surrender it. A failure to apply or surrender
50 such weapon within such thirty-day period shall result in such weapon
51 being removed by an appropriate law enforcement authority and declared a
52 nuisance.
53 § 30. Section 400.02 of the penal law is REPEALED.
54 § 31. Section 400.03 of the penal law, as added by chapter 1 of the
55 laws of 2013, subdivisions 2 and 6 as amended by section 8 of chapter
56 371 of the laws of 2022, is amended to read as follows:
A. 4816 25
1 § 400.03 Sellers of ammunition.
2 1. A seller of ammunition as defined in subdivision twenty-four of
3 section 265.00 of this chapter doing business in the county of Kings,
4 Queens, Richmond, New York or Bronx, shall register with the superinten-
5 dent of state police in a manner provided by the superintendent. Any
6 dealer in firearms that is validly licensed pursuant to section 400.00
7 of this article shall not be required to complete such registration.
8 2. Any seller of ammunition or dealer in firearms doing business in
9 the county of Kings, Queens, Richmond, New York or Bronx, shall keep
10 either an electronic record, or dataset, or an organized collection of
11 structured information, or data, typically stored electronically in a
12 computer system approved as to form by the superintendent of state
13 police. In the record shall be entered at the time of every transaction
14 involving ammunition the date, name, age, occupation and residence of
15 any person from whom ammunition is received or to whom ammunition is
16 delivered, and the amount, calibre, manufacturer's name and serial
17 number, or if none, any other distinguishing number or identification
18 mark on such ammunition.
19 3. [No later than thirty days after the superintendent of the state
20 police certifies that the statewide license and record database estab-
21 lished pursuant to section 400.02 of this article is operational for the
22 purposes of this section, a] A dealer in firearms licensed pursuant to
23 section 400.00 of this article, a seller of ammunition as defined in
24 subdivision twenty-four of section 265.00 of this chapter doing business
25 in the county of Kings, Queens, Richmond, New York or Bronx, shall not
26 transfer any ammunition to any other person who is not a dealer in
27 firearms as defined in subdivision nine of such section 265.00 or a
28 seller of ammunition as defined in subdivision twenty-four of section
29 265.00 of this chapter, unless:
30 (a) before the completion of the transfer, the licensee or seller
31 contacts the [statewide license and record database] superintendent of
32 state police and provides the [database] superintendent with information
33 sufficient to identify such dealer or seller, transferee based on infor-
34 mation on the transferee's identification document as defined in para-
35 graph (c) of this subdivision, as well as the amount, calibre, manufac-
36 turer's name and serial number, if any, of such ammunition;
37 (b) the [system] superintendent provides the licensee or seller with a
38 unique identification number; and
39 (c) the transferor has verified the identity of the transferee by
40 examining a valid state identification document of the transferee issued
41 by the department of motor vehicles or if the transferee is not a resi-
42 dent of the state of New York, a valid identification document issued by
43 the transferee's state or country of residence containing a photograph
44 of the transferee.
45 4. If the [database] superintendent of state police determines that
46 the purchaser of ammunition is eligible to possess ammunition pursuant
47 to state and federal laws, [the system] he or she shall:
48 (a) assign a unique identification number to the transfer; and
49 (b) provide the licensee or seller with the number.
50 5. If the [statewide license and record database] superintendent of
51 state police notifies the licensee or seller that the information avail-
52 able [to the database] does not demonstrate that the receipt of ammuni-
53 tion by such other person would violate 18 U.S.C. 922(g) or state law,
54 and the licensee transfers ammunition to such other person, the licensee
55 shall indicate to the [database] superintendent that such transaction
56 has been completed at which point a record of such transaction shall be
A. 4816 26
1 created which shall be accessible by the division of state police and
2 maintained for no longer than one year from point of purchase[, which
3 shall not be incorporated into the database established pursuant to
4 section 400.02 of this article or the registry established pursuant to
5 subdivision sixteen-a of section 400.00 of this article]. The division
6 of state police may share such information with a local law enforcement
7 agency. Evidence of the purchase of ammunition is not sufficient to
8 establish probable cause to believe that the purchaser has committed a
9 crime absent other information tending to prove the commission of a
10 crime. Records assembled or accessed pursuant to this section shall not
11 be subject to disclosure pursuant to article six of the public officers
12 law. This requirement of this section shall not apply (i) if a back-
13 ground check cannot be completed because the system is not operational
14 as determined by the superintendent of state police, or where it cannot
15 be accessed by the practitioner due to a temporary technological or
16 electrical failure, as set forth in regulation, or (ii) a dealer or
17 seller has been granted a waiver from conducting such background check
18 if the superintendent of state police determines that such dealer is
19 incapable of such check due to technological limitations that are not
20 reasonably within the control of the dealer, or other exceptional
21 circumstances demonstrated by the dealer, pursuant to a process estab-
22 lished in regulation, and at the discretion of such superintendent.
23 6. If the superintendent of state police certifies that background
24 checks of ammunition purchasers in the county of Kings, Queens, Rich-
25 mond, New York or Bronx may be conducted through the national instant
26 criminal background check system or through the division of state police
27 once the division has been designated point of contact, use of that
28 system by a dealer or seller shall be sufficient to satisfy subdivisions
29 four and five of this section and such checks shall be conducted through
30 such system, provided that a record of such transaction shall be
31 forwarded to the state police in a form determined by the superinten-
32 dent.
33 7. No commercial transfer of ammunition shall take place in the county
34 of Kings, Queens, Richmond, New York or Bronx unless a licensed dealer
35 in firearms or registered seller of ammunition acts as an intermediary
36 between the transferor and the ultimate transferee of the ammunition for
37 the purposes of contacting the statewide license and record database
38 pursuant to this section. Such transfer between the dealer or seller,
39 and transferee must occur in person.
40 8. A seller of ammunition who fails to register pursuant to this
41 section and sells ammunition, for a first offense, shall be guilty of a
42 violation and subject to the fine of one thousand dollars and for a
43 second offense, shall be guilty of a class A misdemeanor.
44 A seller of ammunition that fails to keep any record required pursuant
45 to this section, for a first offense shall be guilty of a violation and
46 subject to a fine of five hundred dollars, and for a second offense
47 shall be guilty of a class B misdemeanor, and the registration of such
48 seller shall be revoked.
49 § 32. Subdivision 6 of section 400.03 of the penal law, as separately
50 amended by sections 8 and 19 of chapter 371 of the laws of 2022, is
51 amended to read as follows:
52 6. If the superintendent of state police certifies that background
53 checks of ammunition purchasers in the county of Kings, Queens, Rich-
54 mond, New York or Bronx may be conducted through the national instant
55 criminal background check system or through the division of state police
56 once the division has been designated point of contact, a dealer or
A. 4816 27
1 seller shall contact the division of state police to conduct such check
2 which shall be sufficient to satisfy subdivisions four and five of this
3 section.
4 § 33. Paragraph (a) of subdivision 1 and subdivision 3 of section
5 400.10 of the penal law, as amended by chapter 1 of the laws of 2013,
6 are amended to read as follows:
7 (a) Any owner or other person lawfully in possession of: (i) a
8 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
9 on; (ii) in the county of Kings, Queens, Richmond, New York or Bronx,
10 ammunition as well as a firearm, rifle or shotgun who suffers the loss
11 or theft of such ammunition as well as a firearm, rifle or shotgun; or
12 (iii) in the county of Kings, Queens, Richmond, New York or Bronx, ammu-
13 nition and is a dealer in firearms or seller of ammunition who suffers
14 the loss or theft of such ammunition shall within twenty-four hours of
15 the discovery of the loss or theft report the facts and circumstances of
16 the loss or theft to a police department or sheriff's office.
17 3. Notwithstanding any other provision of law, a violation of para-
18 graph (a) of subdivision one of this section shall be [a class A misde-
19 meanor] punishable only by a fine not to exceed one hundred dollars.
20 § 34. Section 2509 of the surrogate's court procedure act, as added by
21 chapter 1 of the laws of 2013, is amended to read as follows:
22 § 2509. Firearms inventory
23 Whenever, by regulation, rule or statute, a fiduciary or attorney of
24 record in the county of Kings, Queens, Richmond, New York or Bronx must
25 file a list of assets constituting a decedent's estate, such list must
26 include a particularized description of every firearm, shotgun and
27 rifle, as such terms are defined in section 265.00 of the penal law,
28 that are part of such estate. Such list must be filed with the surro-
29 gate's court in the county in which the estate proceeding, if any, is
30 pending and a copy must be filed with the division of criminal justice
31 services.
32 § 35. This act shall take effect immediately; provided that the amend-
33 ments to subdivision 6 of section 400.03 of the penal law made by
34 section thirty-two of this act shall take effect on the same date and in
35 the same manner as section 19 of chapter 371 of the laws of 2022 takes
36 effect.
