Bill Text: NY A03657 | 2023-2024 | 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) 2024-01-03 - referred to codes [A03657 Detail]
Download: New_York-2023-A03657-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3657 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. MANKTELOW, HAWLEY, WALSH, MILLER, SMULLEN, ANGEL- INO, BRABENEC, DeSTEFANO -- 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 subdivisions 9 and 14 as amended by chapter 212 of the laws of 2022, and 7 subdivision 10 as amended by chapter 371 of the laws of 2022, are 8 amended to read as follows: 9 9. License: amendment. Elsewhere than in the city of New York, a 10 person licensed to carry or possess a pistol or revolver or to purchase 11 or take possession of a semiautomatic rifle may apply at any time to 12 [his or her licensing] the filing officer for amendment of his or her 13 license to include one or more such weapons or to cancel weapons held 14 under license. [If granted, a] A record of the amendment describing the 15 weapons involved shall be filed by the [licensing] filing officer in the 16 executive department, division of state police, Albany. The superinten- 17 dent of state police may authorize that such amendment be completed and 18 transmitted to the state police in electronic form. Notification of any 19 change of residence shall be made in writing by any licensee within ten 20 days after such change occurs, and a record of such change shall be 21 inscribed by such licensee on the reverse side of his or her license. 22 Elsewhere than in the city of New York, and in the counties of Nassau 23 and Suffolk, such notification shall be made to the executive depart- 24 ment, division of state police, Albany, and in the city of New York to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04687-01-3A. 3657 2 1 the police commissioner of that city, and in the county of Nassau to the 2 police commissioner of that county, and in the county of Suffolk to the 3 [licensing] filing officer of that county, who shall, within ten days 4 after such notification shall be received by him or her, give notice in 5 writing of such change to the executive department, division of state 6 police, at Albany. 7 10. License: expiration, certification and renewal. (a) Any license 8 for gunsmith or dealer in firearms and, in the city of New York, any 9 license to carry or possess a pistol or revolver, issued at any time 10 pursuant to this section or prior to the first day of July, nineteen 11 hundred sixty-three and not limited to expire on an earlier date fixed 12 in the license, shall, except as otherwise provided in paragraph (d) of 13 this subdivision, expire not more than three years after the date of 14 issuance. In the counties of Nassau, Suffolk and Westchester, any 15 license to carry or possess a pistol or revolver, issued at any time 16 pursuant to this section or prior to the first day of July, nineteen 17 hundred sixty-three and not limited to expire on an earlier date fixed 18 in the license, shall expire not more than five years after the date of 19 issuance; however, in the county of Westchester, any such license shall 20 be certified prior to the first day of April, two thousand, in accord- 21 ance with a schedule to be contained in regulations promulgated by the 22 commissioner of the division of criminal justice services, and every 23 such license shall, except as otherwise provided in paragraph (d) of 24 this subdivision, be recertified every five years thereafter. For 25 purposes of this section certification shall mean that the licensee 26 shall provide to the [licensing] filing officer the following informa- 27 tion only: current name, date of birth, current address, and the make, 28 model, caliber and serial number of all firearms currently possessed. 29 Such certification information shall be filed by the [licensing] filing 30 officer in the same manner as an amendment. Elsewhere than in the city 31 of New York and the counties of Nassau, Suffolk and Westchester, any 32 license to carry or possess a pistol or revolver, issued at any time 33 pursuant to this section or prior to the first day of July, nineteen 34 hundred sixty-three and not previously revoked or cancelled, shall be in 35 force and effect until revoked as herein provided. Any license not 36 previously cancelled or revoked shall remain in full force and effect 37 for thirty days beyond the stated expiration date on such license. Any 38 application to renew a license that has not previously expired, been 39 revoked or cancelled shall thereby extend the term of the license until 40 disposition of the application by the [licensing] filing officer. In the 41 case of a license for gunsmith or dealer in firearms, in counties having 42 a population of less than two hundred thousand inhabitants, photographs 43 and fingerprints shall be submitted on original applications and upon 44 renewal thereafter at three year intervals. Upon satisfactory proof that 45 a currently valid original license has been despoiled, lost or otherwise 46 removed from the possession of the licensee and upon application 47 containing an additional photograph of the licensee, the [licensing] 48 filing officer shall issue a duplicate license. 49 (b) All licensees shall be recertified to the division of state police 50 every five years thereafter, except as otherwise provided in paragraph 51 (d) of this subdivision. Any license issued before the effective date of 52 the chapter of the laws of two thousand thirteen which added this para- 53 graph shall be recertified by the licensee on or before January thirty- 54 first, two thousand eighteen, and not less than one year prior to such 55 date, the state police shall send a notice to all license holders who 56 have not recertified by such time. Such recertification shall be in aA. 3657 3 1 form as approved by the superintendent of state police, which shall 2 request the license holder's name, date of birth, gender, race, residen- 3 tial address, social security number, firearms possessed by such license 4 holder, email address at the option of the license holder and an affir- 5 mation that such license holder is not prohibited from possessing 6 firearms. The form may be in an electronic form if so designated by the 7 superintendent of state police. Failure to recertify shall act as a 8 revocation of such license. If the New York state police discover as a 9 result of the recertification process that a licensee failed to provide 10 a change of address, the New York state police shall not require the 11 [licensing] filing officer to revoke such license. 12 (c) A license to purchase or take possession of a semiautomatic rifle 13 as defined in subdivision two of this section shall be recertified to 14 the applicable [licensing] filing officer every five years following the 15 issuance of such license. Failure to renew such a license shall be a 16 violation punishable by a fine not to exceed two hundred fifty dollars, 17 and such failure to renew shall be considered by the [licensing] filing 18 officer when reviewing future license applications by the license holder 19 pursuant to this chapter. 20 (d) Licenses issued under paragraph (f) of subdivision two of this 21 section shall be recertified or renewed in the same form and manner as 22 otherwise required by this subdivision, provided however, that such 23 licenses shall be recertified or renewed every three years following the 24 issuance of such license. For licenses issued prior to the effective 25 date of this paragraph that were issued more than three years prior to 26 such date, or will expire in less than one year from such date shall be 27 recertified or renewed within one year of such date. 28 13. Expenses. The expense of providing a [licensing] filing officer 29 with blank applications, licenses and record books for carrying out the 30 provisions of this section shall be a charge against the county, and in 31 the city of New York against the city. 32 14. Fees. In the city of New York and the county of Nassau, the annual 33 license fee shall be twenty-five dollars for gunsmiths and fifty dollars 34 for dealers in firearms. In such city, the city council and in the coun- 35 ty of Nassau the Board of Supervisors shall fix the fee to be charged 36 for a license to carry or possess a pistol or revolver or to purchase or 37 take possession of a semiautomatic rifle and provide for the disposition 38 of such fees. Elsewhere in the state, the [licensing] filing officer 39 shall collect and pay into the county treasury the following fees: for 40 each license to carry or possess a pistol or revolver or to purchase or 41 take possession of a semiautomatic rifle, not less than three dollars 42 nor more than ten dollars as may be determined by the legislative body 43 of the county; for each amendment thereto, three dollars, and five 44 dollars in the county of Suffolk; and for each license issued to a 45 gunsmith or dealer in firearms, ten dollars. The fee for a duplicate 46 license shall be five dollars. The fee for processing a license transfer 47 between counties shall be five dollars. The fee for processing a license 48 or renewal thereof for a qualified retired police officer as defined 49 under subdivision thirty-four of section 1.20 of the criminal procedure 50 law, or a qualified retired sheriff, undersheriff, or deputy sheriff of 51 the city of New York as defined under subdivision two of section 2.10 of 52 the criminal procedure law, or a qualified retired bridge and tunnel 53 officer, sergeant or lieutenant of the triborough bridge and tunnel 54 authority as defined under subdivision twenty of section 2.10 of the 55 criminal procedure law, or a qualified retired uniformed court officer 56 in the unified court system, or a qualified retired court clerk in theA. 3657 4 1 unified court system in the first and second judicial departments, as 2 defined in paragraphs a and b of subdivision twenty-one of section 2.10 3 of the criminal procedure law or a retired correction officer as defined 4 in subdivision twenty-five of section 2.10 of the criminal procedure law 5 shall be waived in all counties throughout the state. 6 § 3. This act shall take effect immediately.
