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A00514 Summary:

COSPNSRGottfried, Dickens, Simotas, Dinowitz, Fernandez, McDonough, Fahy, Pichardo, Sayegh, Stirpe, D'Urso, Jaffee, Lavine, Colton, Galef, Williams, Hyndman, Taylor, Fall, Griffin, Davila, Steck, Smullen
MLTSPNSRCrespo, Nolan
Amd §400.00, Pen L
Prohibits persons named on the No Fly List maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation from obtaining or renewing a license to carry, possess, repair and dispose of firearms.
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A00514 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2019
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Codes
        AN  ACT to amend the penal law, in relation to prohibiting persons named
          on the No Fly List maintained by the Terrorist Screening Center admin-
          istered by the Federal  Bureau  of  Investigation  from  obtaining  or
          renewing a license to carry, possess, repair and dispose of firearms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of  section  400.00  of  the  penal  law,  as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3    1. Eligibility. No license shall be issued or renewed pursuant to this
     4  section  except  by  the licensing officer, and then only after investi-
     5  gation and finding that all statements in a  proper  application  for  a
     6  license  are  true.  No license shall be issued or renewed except for an
     7  applicant (a) twenty-one years of age or older, provided, however,  that
     8  where  such  applicant  has  been  honorably  discharged from the United
     9  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    10  national  guard  of the state of New York, no such age restriction shall
    11  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
    12  anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
    13  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
    14  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
    15  an alien (i) is not illegally or unlawfully in the United States or (ii)
    16  has not been admitted to the United States  under  a  nonimmigrant  visa
    17  subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
    18  discharged from the Armed Forces under dishonorable conditions; (h) who,
    19  having been a citizen of the United States, has not renounced his or her
    20  citizenship; (i) who has stated whether he or she has ever suffered  any
    21  mental illness; (j) who has not been involuntarily committed to a facil-
    22  ity  under  the  jurisdiction  of  an office of the department of mental
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 514                              2
     1  hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
     2  article seven hundred thirty or section 330.20 of the criminal procedure
     3  law,  section  four  hundred two or five hundred eight of the correction
     4  law,  section  322.2  or  353.4 of the family court act, or has not been
     5  civilly confined in a secure treatment facility pursuant to article  ten
     6  of  the mental hygiene law; (k) who has not had a license revoked or who
     7  is not under a suspension or ineligibility order issued pursuant to  the
     8  provisions  of  section  530.14 of the criminal procedure law or section
     9  eight hundred forty-two-a of the family court act; (l) in the county  of
    10  Westchester, who has successfully completed a firearms safety course and
    11  test  as  evidenced  by a certificate of completion issued in his or her
    12  name and endorsed and affirmed under the penalties of perjury by a  duly
    13  authorized  instructor,  except  that:  (i)  persons  who  are honorably
    14  discharged from the United States army,  navy,  marine  corps  or  coast
    15  guard,  or  of  the national guard of the state of New York, and produce
    16  evidence of official  qualification  in  firearms  during  the  term  of
    17  service  are  not  required  to have completed those hours of a firearms
    18  safety course pertaining to the safe use, carrying, possession,  mainte-
    19  nance  and  storage  of a firearm; and (ii) persons who were licensed to
    20  possess a pistol or revolver prior to the effective date of  this  para-
    21  graph  are  not  required to have completed a firearms safety course and
    22  test; (m) who has not had a guardian appointed for him or  her  pursuant
    23  to any provision of state law, based on a determination that as a result
    24  of  marked subnormal intelligence, mental illness, incapacity, condition
    25  or disease, he or she lacks the mental capacity to  contract  or  manage
    26  his  or  her  own affairs; [and] (n) who is not named on the No Fly List
    27  maintained by the Terrorist Screening Center administered by the Federal
    28  Bureau of Investigation; and (o) concerning whom no  good  cause  exists
    29  for the denial of the license. No person shall engage in the business of
    30  gunsmith or dealer in firearms unless licensed pursuant to this section.
    31  An  applicant  to engage in such business shall also be a citizen of the
    32  United States, more than twenty-one years of age and maintain a place of
    33  business in the city or county where the license  is  issued.  For  such
    34  business, if the applicant is a firm or partnership, each member thereof
    35  shall  comply with all of the requirements set forth in this subdivision
    36  and if the applicant is a corporation, each  officer  thereof  shall  so
    37  comply.
    38    §  2.  Subdivision 4 of section 400.00 of the penal law, as amended by
    39  chapter 1 of the laws of 2013, is amended to read as follows:
    40    4. Investigation. Before a license is issued or renewed,  there  shall
    41  be an investigation of all statements required in the application by the
    42  duly  constituted police authorities of the locality where such applica-
    43  tion is made, including but not limited to such records as may be acces-
    44  sible to the division of state police or division  of  criminal  justice
    45  services  pursuant  to section 400.02 of this article. For that purpose,
    46  the records of the  appropriate  office  of  the  department  of  mental
    47  hygiene  concerning  previous or present mental illness of the applicant
    48  shall be available for inspection by the investigating  officer  of  the
    49  police  authority.  In  order to ascertain any previous criminal record,
    50  the investigating officer  shall  take  the  fingerprints  and  physical
    51  descriptive  data in quadruplicate of each individual by whom the appli-
    52  cation is signed and verified. Two copies of such fingerprints shall  be
    53  taken  on  standard  fingerprint cards eight inches square, and one copy
    54  may be taken on a card supplied for that purpose by the  federal  bureau
    55  of  investigation;  provided,  however,  that in the case of a corporate
    56  applicant that has already been issued a dealer in firearms license  and

        A. 514                              3
     1  seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
     2  location, the original fingerprints on file may be used to ascertain any
     3  criminal record in the second or subsequent application  unless  any  of
     4  the  corporate  officers  have  changed  since the prior application, in
     5  which case the  new  corporate  officer  shall  comply  with  procedures
     6  governing  an  initial application for such license. When completed, one
     7  standard card shall be forwarded to and  retained  by  the  division  of
     8  criminal  justice  services  in  the  executive department, at Albany. A
     9  search of the files of such division and  written  notification  of  the
    10  results of the search to the investigating officer shall be made without
    11  unnecessary  delay. Thereafter, such division shall notify the licensing
    12  officer and the executive department, division of state police,  Albany,
    13  of  any criminal record of the applicant filed therein subsequent to the
    14  search of its files. A second standard card, or the one supplied by  the
    15  federal  bureau of investigation, as the case may be, shall be forwarded
    16  to that bureau at Washington with  a  request  that  the  files  of  the
    17  bureau,  including the No Fly List maintained by the Terrorist Screening
    18  Center, be searched and notification of the results  of  the  search  be
    19  made to the investigating police authority. Of the remaining two finger-
    20  print  cards, one shall be filed with the executive department, division
    21  of state police, Albany, within ten days after issuance of the  license,
    22  and the other remain on file with the investigating police authority. No
    23  such  fingerprints  may  be  inspected  by any person other than a peace
    24  officer, who is acting pursuant to his special duties, or a police offi-
    25  cer, except on order of a judge or justice of a court of  record  either
    26  upon  notice  to the licensee or without notice, as the judge or justice
    27  may deem appropriate. Upon completion of the investigation,  the  police
    28  authority  shall  report  the  results  to the licensing officer without
    29  unnecessary delay.
    30    § 3. This act shall take effect immediately.
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