Bill Text: NY A04816 | 2023-2024 | General Assembly | Introduced
Bill Title: Limits the application of the "safe act" to the counties of Kings, Queens, Richmond, New York and Bronx.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-03 - referred to codes [A04816 Detail]
Download: New_York-2023-A04816-Introduced.html
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. LBD06933-02-3A. 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 paragraph36one of subdivision a of section 265.20 and subdivision six of section37400.05 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)5of paragraph one of subdivision a of section 265.20 and subdivision six6of 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 paragraph31one of subdivision a of section 265.20 and subdivision six of section32400.05 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 paragraph48one of subdivision a of section 265.20 and subdivision six of section49400.05 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; andA. 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 paragraph29one of subdivision a of section 265.20 and subdivision six of section30400.05 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 of51subdivision a of section 265.20 and subdivision six of section 400.05 of52the 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; andA. 4816 5 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 of40section 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-48sion a of section 265.20 and subdivision six of section 400.05 of the49penal 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 ofA. 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 withA. 4816 7 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)50of paragraph one of subdivision a of section 265.20 and subdivision six51of 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 amendedA. 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 to22subparagraph (f) of paragraph one of subdivision a of section 265.20 and23subdivision 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 paragraph51one of subdivision a of section 265.20 and subdivision six of section52400.05 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 paragraph56one of subdivision a of section 265.20 and subdivision six of sectionA. 4816 9 1400.05 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 justice45services pursuant to this paragraph may be checked against the statewide46license 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 lawsA. 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 hundred12eight 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 this29subdivision] 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 a46curio or relic. A feeding device that is a curio or relic is defined as47a device that (i) was manufactured at least fifty years prior to the48current date, (ii) is only capable of being used exclusively in a49firearm, rifle, or shotgun that was manufactured at least fifty years50prior to the current date, but not including replicas thereof, (iii) is51possessed by an individual who is not prohibited by state or federal law52from possessing a firearm and (iv) is registered with the division of53state police pursuant to subdivision sixteen-a of section 400.00 of this54chapter, except such feeding devices transferred into the state may be55registered at any time, provided they are registered within thirty days56of their transfer into the state. Notwithstanding paragraph (h) ofA. 4816 14 1subdivision twenty-two of this section, such feeding devices may be2transferred provided that such transfer shall be subject to the3provisions of section 400.03 of this chapter including the check4required 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 ofA. 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 theA. 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 inA. 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 be19accessible to the division of state police or division of criminal20justice 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 or41collected for purposes of inclusion in the database established by this42section shall be released pursuant to a court order. Records assembled43or collected for purposes of inclusion in the database created pursuant44to section 400.02 of this chapter shall not be subject to disclosure45pursuant 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 amendedA. 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)32of subdivision ten of this section shall include an opportunity for the33applicant to request an exception from the information provided on such34form becoming public record pursuant to paragraph (a) of this subdivi-35sion. Such forms shall notify applicants that, upon discovery that an36applicant knowingly provided false information, such applicant may be37subject to penalties pursuant to section 175.30 of this chapter, and38further, that his or her request for an exception shall be null and39void, provided that written notice containing such determination is40provided to the applicant. Further, such forms shall provide each appli-41cant an opportunity to either decline to request the grant or continua-42tion of an exception, or specify the grounds on which he or she believes43his or her information should not be publicly disclosed. These grounds,44which shall be identified in the application with a box beside each for45checking, as applicable, by the applicant, shall be the same as provided46in 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 an4exception is sought and granted pursuant to paragraph (c) of this subdi-5vision, the information concerning such recertification application6shall not be public record, unless the request is determined to be null7and void. Notwithstanding the foregoing provisions of this subparagraph,8local and state law enforcement shall, upon request, be granted access9to and copies of such application information provided that such infor-10mation obtained by law enforcement pursuant to this subparagraph shall11not 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 theA. 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 state20police every five years thereafter, except as otherwise provided in21paragraph (d) of this subdivision. Any license issued before the effec-22tive date of the chapter of the laws of two thousand thirteen which23added this paragraph shall be recertified by the licensee on or before24January thirty-first, two thousand eighteen, and not less than one year25prior to such date, the state police shall send a notice to all license26holders who have not recertified by such time. Such recertification27shall be in a form as approved by the superintendent of state police,28which shall request the license holder's name, date of birth, gender,29race, residential address, social security number, firearms possessed by30such license holder, email address at the option of the license holder31and an affirmation that such license holder is not prohibited from32possessing firearms. The form may be in an electronic form if so desig-33nated by the superintendent of state police. Failure to recertify shall34act as a revocation of such license. If the New York state police35discover as a result of the recertification process that a licensee36failed to provide a change of address, the New York state police shall37not 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 time56becoming ineligible to obtain a license, including engaging in conductA. 4816 22 1that 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-25base created pursuant to section 400.02 of this article shall not be26subject to disclosure pursuant to article six of the public officers27law.] 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)40or (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)] clauseA. 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 state20police certifies that the statewide license and record database estab-21lished pursuant to section 400.02 of this article is operational for the22purposes 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 beA. 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[, which3shall not be incorporated into the database established pursuant to4section 400.02 of this article or the registry established pursuant to5subdivision 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 orA. 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-19meanor] 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.
