Bill Text: NY A02166 | 2025-2026 | General Assembly | Introduced
Bill Title: Authorizes amendments to a license to carry or possess a firearm to be made by the filing officers or county clerk of each county, unless otherwise specified through resolution of the county's legislative body.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2025-01-15 - referred to codes [A02166 Detail]
Download: New_York-2025-A02166-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2166 2025-2026 Regular Sessions IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. MANKTELOW, ANGELINO, BRABENEC, DeSTEFANO, HAWLEY, SMULLEN, WALSH, MILLER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to a license to carry or possess a firearm The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.00 of the penal law is amended by adding a new 2 subdivision 10-a to read as follows: 3 10-a. "Filing officer" means the county clerk of each county, unless 4 otherwise specified through resolution by the county's legislative body. 5 § 2. Subdivisions 9, 10, 13 and 14 of section 400.00 of the penal law, 6 subdivision 9 as amended by chapter 212 of the laws of 2022, subdivision 7 10 as amended by chapter 371 of the laws of 2022, and subdivision 14 as 8 amended by chapter 429 of the laws of 2023 are amended to read as 9 follows: 10 9. License: amendment. Elsewhere than in the city of New York, a 11 person licensed to carry or possess a pistol or revolver or to purchase 12 or take possession of a semiautomatic rifle may apply at any time to 13 [his or her licensing] the filing officer for amendment of [his or her] 14 such officer's license to include one or more such weapons or to cancel 15 weapons held under license. [If granted, a] A record of the amendment 16 describing the weapons involved shall be filed by the [licensing] filing 17 officer in the executive department, division of state police, Albany. 18 The superintendent of state police may authorize that such amendment be 19 completed and transmitted to the state police in electronic form. 20 Notification of any change of residence shall be made in writing by any 21 licensee within ten days after such change occurs, and a record of such 22 change shall be inscribed by such licensee on the reverse side of [his23or her] such licensee's license. Elsewhere than in the city of New York, 24 and in the counties of Nassau and Suffolk, such notification shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03648-01-5A. 2166 2 1 made to the executive department, division of state police, Albany, and 2 in the city of New York to the police commissioner of that city, and in 3 the county of Nassau to the police commissioner of that county, and in 4 the county of Suffolk to the [licensing] filing officer of that county, 5 who shall, within ten days after such notification shall be received by 6 [him or her] them, give notice in writing of such change to the execu- 7 tive department, division of state police, at Albany. 8 10. License: expiration, certification and renewal. (a) Any license 9 for gunsmith or dealer in firearms and, in the city of New York, any 10 license to carry or possess a pistol or revolver, issued at any time 11 pursuant to this section or prior to the first day of July, nineteen 12 hundred sixty-three and not limited to expire on an earlier date fixed 13 in the license, shall, except as otherwise provided in paragraph (d) of 14 this subdivision, expire not more than three years after the date of 15 issuance. In the counties of Nassau, Suffolk and Westchester, any 16 license to carry or possess a pistol or revolver, issued at any time 17 pursuant to this section or prior to the first day of July, nineteen 18 hundred sixty-three and not limited to expire on an earlier date fixed 19 in the license, shall expire not more than five years after the date of 20 issuance; however, in the county of Westchester, any such license shall 21 be certified prior to the first day of April, two thousand, in accord- 22 ance with a schedule to be contained in regulations promulgated by the 23 commissioner of the division of criminal justice services, and every 24 such license shall, except as otherwise provided in paragraph (d) of 25 this subdivision, be recertified every five years thereafter. For 26 purposes of this section certification shall mean that the licensee 27 shall provide to the [licensing] filing officer the following informa- 28 tion only: current name, date of birth, current address, and the make, 29 model, caliber and serial number of all firearms currently possessed. 30 Such certification information shall be filed by the [licensing] filing 31 officer in the same manner as an amendment. Elsewhere than in the city 32 of New York and the counties of Nassau, Suffolk and Westchester, any 33 license to carry or possess a pistol or revolver, issued at any time 34 pursuant to this section or prior to the first day of July, nineteen 35 hundred sixty-three and not previously revoked or cancelled, shall be in 36 force and effect until revoked as herein provided. Any license not 37 previously cancelled or revoked shall remain in full force and effect 38 for thirty days beyond the stated expiration date on such license. Any 39 application to renew a license that has not previously expired, been 40 revoked or cancelled shall thereby extend the term of the license until 41 disposition of the application by the [licensing] filing officer. In the 42 case of a license for gunsmith or dealer in firearms, in counties having 43 a population of less than two hundred thousand inhabitants, photographs 44 and fingerprints shall be submitted on original applications and upon 45 renewal thereafter at three year intervals. Upon satisfactory proof that 46 a currently valid original license has been despoiled, lost or otherwise 47 removed from the possession of the licensee and upon application 48 containing an additional photograph of the licensee, the [licensing] 49 filing officer shall issue a duplicate license. 50 (b) All licensees shall be recertified to the division of state police 51 every five years thereafter, except as otherwise provided in paragraph 52 (d) of this subdivision. Any license issued before the effective date of 53 the chapter of the laws of two thousand thirteen which added this para- 54 graph shall be recertified by the licensee on or before January thirty- 55 first, two thousand eighteen, and not less than one year prior to such 56 date, the state police shall send a notice to all license holders whoA. 2166 3 1 have not recertified by such time. Such recertification shall be in a 2 form as approved by the superintendent of state police, which shall 3 request the license holder's name, date of birth, gender, race, residen- 4 tial address, social security number, firearms possessed by such license 5 holder, email address at the option of the license holder and an affir- 6 mation that such license holder is not prohibited from possessing 7 firearms. The form may be in an electronic form if so designated by the 8 superintendent of state police. Failure to recertify shall act as a 9 revocation of such license. If the New York state police discover as a 10 result of the recertification process that a licensee failed to provide 11 a change of address, the New York state police shall not require the 12 [licensing] filing officer to revoke such license. 13 (c) A license to purchase or take possession of a semiautomatic rifle 14 as defined in subdivision two of this section shall be recertified to 15 the applicable [licensing] filing officer every five years following the 16 issuance of such license. Failure to renew such a license shall be a 17 violation punishable by a fine not to exceed two hundred fifty dollars, 18 and such failure to renew shall be considered by the [licensing] filing 19 officer when reviewing future license applications by the license holder 20 pursuant to this chapter. 21 (d) Licenses issued under paragraph (f) of subdivision two of this 22 section shall be recertified or renewed in the same form and manner as 23 otherwise required by this subdivision, provided however, that such 24 licenses shall be recertified or renewed every three years following the 25 issuance of such license. For licenses issued prior to the effective 26 date of this paragraph that were issued more than three years prior to 27 such date, or will expire in less than one year from such date shall be 28 recertified or renewed within one year of such date. 29 13. Expenses. The expense of providing a [licensing] filing officer 30 with blank applications, licenses and record books for carrying out the 31 provisions of this section shall be a charge against the county, and in 32 the city of New York against the city. 33 14. Fees. In the city of New York and the counties of Nassau and West- 34 chester, the annual license fee shall be twenty-five dollars for 35 gunsmiths and fifty dollars for dealers in firearms. In such city, the 36 city council and in the counties of Nassau and Westchester the legisla- 37 tive body of such county shall fix the fee to be charged for a license 38 to carry or possess a pistol or revolver or to purchase or take 39 possession of a semiautomatic rifle and provide for the disposition of 40 such fees. Elsewhere in the state, the [licensing] filing officer shall 41 collect and pay into the county treasury the following fees: for each 42 license to carry or possess a pistol or revolver or to purchase or take 43 possession of a semiautomatic rifle, not less than three dollars nor 44 more than ten dollars as may be determined by the legislative body of 45 the county; for each amendment thereto, three dollars, and five dollars 46 in the county of Suffolk; and for each license issued to a gunsmith or 47 dealer in firearms, ten dollars. The fee for a duplicate license shall 48 be five dollars. The fee for processing a license transfer between coun- 49 ties shall be five dollars. The fee for processing a license or renewal 50 thereof for a qualified retired police officer as defined under subdivi- 51 sion thirty-four of section 1.20 of the criminal procedure law, or a 52 qualified retired sheriff, undersheriff, or deputy sheriff of the city 53 of New York as defined under subdivision two of section 2.10 of the 54 criminal procedure law, or a qualified retired bridge and tunnel offi- 55 cer, sergeant or lieutenant of the triborough bridge and tunnel authori- 56 ty as defined under subdivision twenty of section 2.10 of the criminalA. 2166 4 1 procedure law, or a qualified retired uniformed court officer in the 2 unified court system, or a qualified retired court clerk in the unified 3 court system in the first and second judicial departments, as defined in 4 paragraphs a and b of subdivision twenty-one of section 2.10 of the 5 criminal procedure law or a retired correction officer as defined in 6 subdivision twenty-five of section 2.10 of the criminal procedure law 7 shall be waived in all counties throughout the state. 8 § 3. This act shall take effect immediately.
