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A01213 Summary:

COSPNSRTaylor, Steck, D'Urso, Ortiz, Gottfried, Blake, Perry, Weprin, Seawright, Bichotte, Simon, Burke, Cruz, Frontus, Griffin, Jacobson, McMahon, Pichardo, Reyes, Sayegh, Stern, Buttenschon, Ramos, Otis, Dinowitz, Jaffee
Amd 400.00, Pen L
Relates to access to foreign state records concerning previous or present mental illness of applicants for firearms licenses.
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A01213 Actions:

01/14/2019referred to codes
01/28/2019reported referred to rules
01/28/2019rules report cal.17
01/28/2019ordered to third reading rules cal.17
01/29/2019passed assembly
01/29/2019delivered to senate
01/29/2019SUBSTITUTED FOR S2438
01/29/20193RD READING CAL.90
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A01213 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
        Introduced  by M. of A. HUNTER, TAYLOR, STECK, D'URSO, ORTIZ, GOTTFRIED,
          BLAKE, PERRY, WEPRIN, SEAWRIGHT, BICHOTTE,  SIMON  --  read  once  and
          referred to the Committee on Codes
        AN  ACT  to  amend the penal law, in relation to access to foreign state
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  4  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    4. Investigation. Before a license is issued or renewed,  there  shall
     4  be an investigation of all statements required in the application by the
     5  duly  constituted police authorities of the locality where such applica-
     6  tion is made, including but not limited to such records as may be acces-
     7  sible to the division of state police or division  of  criminal  justice
     8  services  pursuant  to section 400.02 of this article. For that purpose,
     9  the records of the  appropriate  office  of  the  department  of  mental
    10  hygiene  concerning  previous or present mental illness of the applicant
    11  shall be available for inspection by the investigating  officer  of  the
    12  police  authority.  Where the applicant is domiciled in a foreign state,
    13  the investigation shall include inquiry of the foreign state for records
    14  concerning the previous or present mental illness of the applicant, and,
    15  to the extent necessary for inspection by the investigating officer, the
    16  applicant shall execute a waiver of confidentiality of  such  record  in
    17  such form as may be required by the foreign state. In order to ascertain
    18  any  previous  criminal record, the investigating officer shall take the
    19  fingerprints and physical descriptive  data  in  quadruplicate  of  each
    20  individual by whom the application is signed and verified. Two copies of
    21  such  fingerprints  shall  be  taken on standard fingerprint cards eight
    22  inches square, and one copy may be taken on a  card  supplied  for  that
    23  purpose  by the federal bureau of investigation; provided, however, that
    24  in the case of a corporate applicant that  has  already  been  issued  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1213                             2
     1  dealer  in firearms license and seeks to operate a firearm dealership at
     2  a second or subsequent location, the original fingerprints on  file  may
     3  be  used  to  ascertain  any criminal record in the second or subsequent
     4  application  unless any of the corporate officers have changed since the
     5  prior application, in which case the new corporate officer shall  comply
     6  with  procedures governing an initial application for such license. When
     7  completed, one standard card shall be forwarded to and retained  by  the
     8  division  of  criminal  justice services in the executive department, at
     9  Albany. A search of the files of such division and written  notification
    10  of  the results of the search to the investigating officer shall be made
    11  without unnecessary delay. Thereafter, such division  shall  notify  the
    12  licensing  officer  and  the  executive  department,  division  of state
    13  police, Albany, of any criminal record of the  applicant  filed  therein
    14  subsequent  to  the  search of its files. A second standard card, or the
    15  one supplied by the federal bureau of investigation, as the case may be,
    16  shall be forwarded to that bureau at Washington with a request that  the
    17  files  of  the bureau be searched and notification of the results of the
    18  search be made to the investigating police authority. Of  the  remaining
    19  two fingerprint cards, one shall be filed with the executive department,
    20  division  of state police, Albany, within ten days after issuance of the
    21  license, and the other remain on  file  with  the  investigating  police
    22  authority.  No  such  fingerprints  may be inspected by any person other
    23  than a peace officer, who is acting  pursuant  to  his  or  her  special
    24  duties,  or a police officer, except on order of a judge or justice of a
    25  court of record either upon notice to the licensee or without notice, as
    26  the judge or justice may deem appropriate. Upon completion of the inves-
    27  tigation, the police authority shall report the results to the licensing
    28  officer without unnecessary delay.
    29    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    30  have become a law.
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