Bill Text: NY S03383 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to licensing and other provisions relating to firearms.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2025-01-27 - REFERRED TO CODES [S03383 Detail]

Download: New_York-2025-S03383-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3383

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 27, 2025
                                       ___________

        Introduced  by  Sens.  GRIFFO,  BORRELLO,  GALLIVAN, HELMING, OBERACKER,
          PALUMBO, STEC, WALCZYK, WEIK -- read twice and  ordered  printed,  and
          when printed to be committed to the Committee on Codes

        AN  ACT  to amend the penal law, the general business law and the execu-
          tive law, in relation to licensing and other  provisions  relating  to
          firearms; and to repeal certain provisions of the penal law, the exec-
          utive law, the general business law, the state finance law and chapter
          371 of the laws of 2022 amending the penal law and other laws relating
          to licensing and other provisions relating to firearms, relating ther-
          eto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The section heading and subdivisions 1, 1-a, 1-b,  2,  4-a,
     2  4-b,  4-c,  10  and 11 of section 400.00 of the penal law, as amended by
     3  chapter 371 of the laws of 2022, subdivision 1 as separately amended  by
     4  chapter 669 of the laws of 2022, are amended to read as follows:
     5  [Licensing and other provisions relating to] Licenses to carry, possess,
     6             repair and dispose of firearms.
     7    1. Eligibility. No license shall be issued or renewed pursuant to this
     8  section  except  by  the licensing officer, and then only after investi-
     9  gation and finding that all statements in a  proper  application  for  a
    10  license  are  true.  No license shall be issued or renewed except for an
    11  applicant (a) twenty-one years of age or older, provided, however,  that
    12  where  such  applicant  has  been  honorably  discharged from the United
    13  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    14  national  guard  of the state of New York, no such age restriction shall
    15  apply; (b) of good moral character[, which, for  the  purposes  of  this
    16  article,  shall  mean  having  the  essential character, temperament and
    17  judgement necessary to be entrusted with a weapon and to use it only  in
    18  a manner that does not endanger oneself or others]; (c) who has not been
    19  convicted  anywhere  of  a felony or a serious offense or who is not the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06780-01-5
        S. 3383                             2

     1  subject of an outstanding warrant of  arrest  issued  upon  the  alleged
     2  commission  of  a  felony  or serious offense; (d) who is not a fugitive
     3  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
     4  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
     5  a noncitizen (i) is not illegally or unlawfully in the United States  or
     6  (ii)  has  not  been  admitted to the United States under a nonimmigrant
     7  visa subject to the exception in 18 U.S.C. 922(y)(2); (g)  who  has  not
     8  been discharged from the Armed Forces under dishonorable conditions; (h)
     9  who,  having been a citizen of the United States, has not renounced [his
    10  or her] their citizenship; (i) who has stated whether [he  or  she  has]
    11  they  have ever suffered any mental illness; (j) who has not been invol-
    12  untarily committed to a facility under the jurisdiction of an office  of
    13  the  department of mental hygiene pursuant to article nine or fifteen of
    14  the mental hygiene law, article seven hundred thirty or  section  330.20
    15  of  the  criminal  procedure  law  [or substantially similar laws of any
    16  other state], section four hundred two or  five  hundred  eight  of  the
    17  correction  law, section 322.2 or 353.4 of the family court act, has not
    18  been civilly confined in a secure treatment facility pursuant to article
    19  ten of the mental hygiene law, or has not been the subject of  a  report
    20  made pursuant to section 9.46 of the mental hygiene law; (k) who has not
    21  had  a license revoked or who is not under a suspension or ineligibility
    22  order issued pursuant to the provisions of section 530.14 of the  crimi-
    23  nal  procedure  law  or  section eight hundred forty-two-a of the family
    24  court act; (l) in  the  county  of  Westchester,  who  has  successfully
    25  completed  a  firearms  safety course and test as evidenced by a certif-
    26  icate of completion issued in [his or her] their name and  endorsed  and
    27  affirmed under the penalties of perjury by a duly authorized instructor,
    28  except  that:  (i)  persons who are honorably discharged from the United
    29  States army, navy, marine corps or coast guard, or of the national guard
    30  of the state of New York, and produce evidence of official qualification
    31  in firearms during  the  term  of  service  are  not  required  to  have
    32  completed those hours of a firearms safety course pertaining to the safe
    33  use,  carrying,  possession,  maintenance  and storage of a firearm; and
    34  (ii) persons who were licensed to possess a pistol or revolver prior  to
    35  the  effective date of this paragraph are not required to have completed
    36  a firearms safety course and test[, provided, however,  persons  with  a
    37  license  issued  under  paragraph (f) of subdivision two of this section
    38  prior to the effective date of the laws of two thousand twenty-two which
    39  amended this paragraph  shall  be  required  to  complete  the  training
    40  required  by subdivision nineteen of this section prior to the recertif-
    41  ication of such license; and (iii) persons applying for a license  under
    42  paragraph  (f) of subdivision two of this section on or after the effec-
    43  tive date of the chapter of the laws of two  thousand  twenty-two  which
    44  amended  this  paragraph  who shall be required to complete the training
    45  required under subdivision nineteen of this section for  such  license;]
    46  (m)  who has not had a guardian appointed for [him or her] them pursuant
    47  to any provision of state law, based on a determination that as a result
    48  of marked subnormal intelligence, mental illness, [incompetency,]  inca-
    49  pacity,  condition  or  disease,  [he or she lacks] they lack the mental
    50  capacity to contract or manage [his or her] their own affairs; [(n)  for
    51  a license issued under paragraph (f) of subdivision two of this section,
    52  that  the applicant has not been convicted within five years of the date
    53  of the application of any of the following: (i)  assault  in  the  third
    54  degree,  as  defined in section 120.00 of this chapter; (ii) misdemeanor
    55  driving while intoxicated, as defined in section eleven hundred  ninety-
    56  two  of  the  vehicle  and traffic law; or (iii) menacing, as defined in
        S. 3383                             3

     1  section 120.15 of this chapter; and (o) for a license issued under para-
     2  graph (f) of subdivision two of this section, the applicant  shall  meet
     3  in  person  with  the  licensing  officer for an interview and shall, in
     4  addition  to  any  other  information  or  forms required by the license
     5  application submit to the licensing officer the  following  information:
     6  (i) names and contact information for the applicant's current spouse, or
     7  domestic  partner,  any  other  adults residing in the applicant's home,
     8  including any adult children of the applicant, and whether or not  there
     9  are  minors  residing,  full time or part time, in the applicant's home;
    10  (ii) names and contact information of no less than four character refer-
    11  ences who can attest to the applicant's good moral  character  and  that
    12  such  applicant has not engaged in any acts, or made any statements that
    13  suggest they are likely to engage in conduct that would result  in  harm
    14  to themselves or others; (iii) certification of completion of the train-
    15  ing  required  in  subdivision  nineteen of this section; (iv) a list of
    16  former and current social media accounts of the applicant from the  past
    17  three  years to confirm the information regarding the applicants charac-
    18  ter and conduct as required in subparagraph (ii) of this paragraph;  and
    19  (v)  such  other  information  required by the licensing officer that is
    20  reasonably necessary and related to the review of the licensing applica-
    21  tion] and (n) concerning whom no good cause exists for the denial of the
    22  license.
    23    [1-a.] No person shall engage in the business of gunsmith or dealer in
    24  firearms unless licensed pursuant  to  this  section.  An  applicant  to
    25  engage  in  such  business shall also be a citizen of the United States,
    26  more than twenty-one years of age and [shall be required] to maintain  a
    27  place of business in the city or county where the license is issued. For
    28  such  business,  if  the applicant is a firm or partnership, each member
    29  thereof shall comply with all of the  requirements  set  forth  in  this
    30  subdivision  and if the applicant is a corporation, each officer thereof
    31  shall so comply.
    32    [1-b.] 1-a. For purposes of subdivision one of this  section,  serious
    33  offense shall include an offense in any jurisdiction or the former penal
    34  law  that includes all of the essential elements of a serious offense as
    35  defined by subdivision seventeen of  section  265.00  of  this  chapter.
    36  Nothing in this subdivision shall preclude the denial of a license based
    37  on  the  commission  of,  arrest  for or conviction of an offense in any
    38  other jurisdiction which does not include all of the essential  elements
    39  of a serious offense.
    40    2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
    41  shall be issued to engage in such business. A license for a semiautomat-
    42  ic rifle, other than an assault weapon or disguised gun, shall be issued
    43  to purchase or take possession of such a [semiautomatic  rifle]  firearm
    44  when such transfer of ownership occurs on or after the effective date of
    45  chapter  [two  hundred  twelve] three hundred seventy-one of the laws of
    46  two thousand twenty-two that amended this subdivision. A license  for  a
    47  pistol  or  revolver,  other  than an assault weapon or a disguised gun,
    48  shall be issued to (a) have and possess in [his]  their  dwelling  by  a
    49  householder;  (b) have and possess in [his] their place of business by a
    50  merchant or storekeeper; (c) have and carry concealed while so  employed
    51  by a messenger employed by a banking institution or express company; (d)
    52  have  and carry concealed by a justice of the supreme court in the first
    53  or second judicial departments, or by a judge of the New York city civil
    54  court or the New York city criminal court; (e) have and carry  concealed
    55  while  so employed by a regular employee of an institution of the state,
    56  or of any county, city, town or village, under control of a commissioner
        S. 3383                             4

     1  of correction of the city or any warden, superintendent or  head  keeper
     2  of  any  state  prison,  penitentiary,  workhouse,  county jail or other
     3  institution for the detention of persons convicted or accused  of  crime
     4  or  held  as  witnesses  in criminal cases, provided that application is
     5  made therefor by such commissioner, warden, superintendent or head keep-
     6  er; (f) have and carry concealed, without regard to employment or  place
     7  of possession [subject to the restrictions of state and federal law], by
     8  any  person  when  proper cause exists for the issuance thereof; and (g)
     9  have, possess, collect and carry antique pistols which  are  defined  as
    10  follows:  (i)  any  single shot, muzzle loading pistol with a matchlock,
    11  flintlock, percussion cap, or similar type of ignition  system  manufac-
    12  tured  in  or  before  1898,  which is not designed for using rimfire or
    13  conventional centerfire fixed ammunition; and (ii) any  replica  of  any
    14  pistol described in clause (i) hereof if such replica[;]:
    15    (1)  is  not  designed or redesigned for using rimfire or conventional
    16  centerfire fixed ammunition, or
    17    (2) uses rimfire or conventional centerfire fixed ammunition which  is
    18  no  longer  manufactured  in  the United States and which is not readily
    19  available in the ordinary channels of commercial trade.
    20    4-a. [Appeals from denial of an application, renewal,  recertification
    21  or  license  revocation.  If an application for a license is denied, not
    22  renewed, not recertified, or revoked, the licensing officer shall  issue
    23  a  written  notice  to  the applicant setting forth the reasons for such
    24  denial. An applicant may, within ninety days of receipt of such  notice,
    25  request  a  hearing to appeal the denial to the appeals board created by
    26  the division of criminal justice  services  and  the  superintendent  of
    27  state police. An individual may be represented by counsel at any appear-
    28  ance  before  the  appeals board and shall be afforded an opportunity to
    29  present additional evidence in support of their application. The commis-
    30  sioner of criminal justice services  and  the  superintendent  of  state
    31  police  shall  promulgate  rules  and regulations governing such appeals
    32  process.
    33    4-b.] Processing of license applications.  Applications  for  licenses
    34  shall be accepted for processing by the licensing officer at the time of
    35  presentment.  Except  upon  written notice to the applicant specifically
    36  stating the reasons for any delay, in each case  the  licensing  officer
    37  shall  act  upon  any application for a license pursuant to this section
    38  within six months of the date of presentment of such an  application  to
    39  the  appropriate  authority.  Such  delay may only be for good cause and
    40  with respect to the  applicant.  In  acting  upon  an  application,  the
    41  licensing  officer shall either deny the application for reasons specif-
    42  ically and concisely stated in writing  or  grant  the  application  and
    43  issue the license applied for.
    44    [4-c.]  4-b. Westchester county firearms safety course certificate. In
    45  the county of Westchester, at the time  of  application,  the  licensing
    46  officer to which the license application is made shall provide a copy of
    47  the safety course booklet to each license applicant. Before such license
    48  is  issued,  such  licensing  officer  shall  require that the applicant
    49  submit a certificate of  successful  completion  of  a  firearms  safety
    50  course  and  test  issued  in  [his  or her] their name and endorsed and
    51  affirmed under the penalties of perjury by a duly authorized instructor.
    52    10. License: expiration, certification and renewal.  (a)  Any  license
    53  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
    54  license to carry or possess a pistol or revolver,  issued  at  any  time
    55  pursuant  to  this  section  or prior to the first day of July, nineteen
    56  hundred sixty-three and not limited to expire on an earlier  date  fixed
        S. 3383                             5

     1  in the license, shall[, except as otherwise provided in paragraph (d) of
     2  this  subdivision,]  expire  not more than three years after the date of
     3  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
     4  license  to  carry  or  possess a pistol or revolver, issued at any time
     5  pursuant to this section or prior to the first  day  of  July,  nineteen
     6  hundred  sixty-three  and not limited to expire on an earlier date fixed
     7  in the license, shall expire not more than five years after the date  of
     8  issuance;  however, in the county of Westchester, any such license shall
     9  be certified prior to the first day of April, two thousand,  in  accord-
    10  ance  with  a schedule to be contained in regulations promulgated by the
    11  commissioner of the division of criminal  justice  services,  and  every
    12  such  license  shall[,  except as otherwise provided in paragraph (d) of
    13  this subdivision,] be  recertified  every  five  years  thereafter.  For
    14  purposes  of  this  section  certification  shall mean that the licensee
    15  shall provide to the licensing officer the following  information  only:
    16  current name, date of birth, current address, and the make, model, cali-
    17  ber  and serial number of all firearms currently possessed. Such certif-
    18  ication information shall be filed by the licensing officer in the  same
    19  manner  as  an amendment. Elsewhere than in the city of New York and the
    20  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
    21  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
    22  section or prior to the first day of July, nineteen hundred  sixty-three
    23  and  not  previously  revoked or cancelled, shall be in force and effect
    24  until revoked as herein provided. Any license not  previously  cancelled
    25  or  revoked shall remain in full force and effect for thirty days beyond
    26  the stated expiration date on such license. Any application to  renew  a
    27  license that has not previously expired, been revoked or cancelled shall
    28  thereby extend the term of the license until disposition of the applica-
    29  tion  by the licensing officer. In the case of a license for gunsmith or
    30  dealer in firearms, in counties having a population  of  less  than  two
    31  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
    32  submitted on original applications and upon renewal thereafter  only  at
    33  [three]  six  year  intervals.  Upon satisfactory proof that a currently
    34  valid original license has been despoiled,  lost  or  otherwise  removed
    35  from  the  possession of the licensee and upon application containing an
    36  additional photograph of the licensee, the licensing officer shall issue
    37  a duplicate license.
    38    (b) All licensees shall be recertified to the division of state police
    39  every five years thereafter[, except as otherwise provided in  paragraph
    40  (d)  of  this subdivision]. Any license issued before the effective date
    41  of the chapter of the laws of two thousand  thirteen  which  added  this
    42  paragraph  shall  be  recertified  by  the licensee on or before January
    43  thirty-first, two thousand eighteen, and not less than one year prior to
    44  such date, the state police shall send a notice to all  license  holders
    45  who  have not recertified by such time. Such recertification shall be in
    46  a form as approved by the superintendent of state  police,  which  shall
    47  request the license holder's name, date of birth, gender, race, residen-
    48  tial address, social security number, firearms possessed by such license
    49  holder,  email address at the option of the license holder and an affir-
    50  mation that such  license  holder  is  not  prohibited  from  possessing
    51  firearms.  The form may be in an electronic form if so designated by the
    52  superintendent of state police. Failure to  recertify  shall  act  as  a
    53  revocation  of  such license. If the New York state police discover as a
    54  result of the recertification process that a licensee failed to  provide
    55  a  change  of  address,  the New York state police shall not require the
    56  licensing officer to revoke such license.
        S. 3383                             6

     1    (c) A license to purchase or take possession of a semiautomatic  rifle
     2  as  defined  in  subdivision two of this section shall be recertified to
     3  the applicable licensing officer every five years following the issuance
     4  of such license. Failure to renew such a license shall  be  a  violation
     5  punishable  by  a fine not to exceed two hundred fifty dollars, and such
     6  failure to renew shall be  considered  by  the  licensing  officer  when
     7  reviewing  future license applications by the license holder pursuant to
     8  this chapter.
     9    [(d) Licenses issued under paragraph (f) of subdivision  two  of  this
    10  section  shall  be recertified or renewed in the same form and manner as
    11  otherwise required by this  subdivision,  provided  however,  that  such
    12  licenses shall be recertified or renewed every three years following the
    13  issuance  of  such  license.  For licenses issued prior to the effective
    14  date of this paragraph that were issued more than three years  prior  to
    15  such  date, or will expire in less than one year from such date shall be
    16  recertified or renewed within one year of such date.]
    17    11. License: revocation and suspension. (a) The conviction of a licen-
    18  see anywhere of a felony or serious offense or a licensee  at  any  time
    19  becoming  ineligible to obtain a license[, including engaging in conduct
    20  that would have resulted in the denial of a license, under this  section
    21  shall operate as or be grounds for,] under this section shall operate as
    22  a  revocation  of the license.  A license may be revoked or suspended as
    23  provided for in section 530.14 of the criminal procedure law or  section
    24  eight  hundred forty-two-a of the family court act. Except for a license
    25  issued pursuant to section 400.01 of this  article,  a  license  may  be
    26  revoked  and  cancelled  at any time in the city of New York, and in the
    27  counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
    28  than  in  the  city  of  New  York by any judge or justice of a court of
    29  record; a license issued pursuant to section 400.01 of this article  may
    30  be  revoked  and  cancelled  at any time by the licensing officer or any
    31  judge or justice of a court of record. A license to engage in the  busi-
    32  ness  of  dealer  may  be  revoked or suspended for any violation of the
    33  provisions of article thirty-nine-BB of the general  business  law.  The
    34  official  revoking  a  license shall give written notice thereof without
    35  unnecessary delay to the executive department, division of state police,
    36  Albany, and shall also notify immediately the  duly  constituted  police
    37  authorities  of  the  locality.  [The licensing officer shall revoke any
    38  license issued in which an applicant knowingly  made  a  material  false
    39  statement on the application. Notice of a revocation under this subdivi-
    40  sion  shall  be  issued  in  writing and shall include the basis for the
    41  determination, which shall  be  supported  by  a  preponderance  of  the
    42  evidence. Such notice shall also include information regarding the abil-
    43  ity  to  appeal  such  decision in accordance with subdivision four-a of
    44  this section.]
    45    (b) Whenever the director of community services or [his or her]  their
    46  designee  makes  a report pursuant to section 9.46 of the mental hygiene
    47  law, the division of criminal justice services shall convey such  infor-
    48  mation,  whenever  it  determines  that  the  person named in the report
    49  possesses a license issued pursuant to this section, to the  appropriate
    50  licensing official, who shall issue an order suspending or revoking such
    51  license.
    52    (c)  In  any  instance  in  which  a  person's license is suspended or
    53  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    54  shall  surrender  such license to the appropriate licensing official and
    55  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
    56  person  shall be surrendered to an appropriate law enforcement agency as
        S. 3383                             7

     1  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
     2  section  265.20  of  this  chapter.  In the event such license, firearm,
     3  shotgun, or rifle is not surrendered, such items shall  be  removed  and
     4  declared  a  nuisance  and  any  police  officer or peace officer acting
     5  pursuant to [his or her] their special duties is  authorized  to  remove
     6  any and all such weapons.
     7    § 2. Subdivision 23 of section 837 of the executive law is REPEALED.
     8    § 3. Section 235 of the executive law is REPEALED.
     9    § 4. Section 265.01-e of the penal law is REPEALED.
    10    § 5. Section 265.01-d of the penal law is REPEALED.
    11    § 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law
    12  is REPEALED.
    13    § 7. Section 400.02 of the penal law, as amended by chapter 371 of the
    14  laws of 2022, is amended to read as follows:
    15  § 400.02 Statewide license and record database.
    16    [1.]  There  shall  be  a  statewide license and record database which
    17  shall be created and maintained by the division of state police the cost
    18  of which shall not be borne by any municipality.  Records  assembled  or
    19  collected  for  purposes  of  inclusion  in  such  database shall not be
    20  subject to disclosure pursuant to article six  of  the  public  officers
    21  law. [All records] Records containing granted license applications [from
    22  all  licensing  authorities]  shall be [monthly] periodically checked by
    23  the division of criminal justice services [in conjunction with the divi-
    24  sion of state police] against  criminal  conviction,  [criminal  indict-
    25  ment,]  mental  health,  [extreme  risk  protection  orders,  orders  of
    26  protection,] and all other records as are necessary to  determine  their
    27  continued accuracy as well as whether an individual is no longer a valid
    28  license  holder.  The  division  of criminal justice services shall also
    29  check pending applications made pursuant to this  article  against  such
    30  records  to  determine  whether a license may be granted. All state [and
    31  local] agencies shall cooperate with the division  of  criminal  justice
    32  services, as otherwise authorized by law, in making their records avail-
    33  able  for  such  checks. The division of criminal justice services, upon
    34  determining that an individual is ineligible to possess a license, or is
    35  no longer a valid license holder, shall notify the applicable  licensing
    36  official  of  such  determination  and such licensing official shall not
    37  issue a license or [shall] revoke such license and any weapons owned  or
    38  possessed  by  such  individual  shall  be  removed  consistent with the
    39  provisions of subdivision eleven of  section  400.00  of  this  article.
    40  Local  and  state  law enforcement shall have access to such database in
    41  the performance of their duties.  Records  assembled  or  collected  for
    42  purposes  of inclusion in the database established by this section shall
    43  be released pursuant to a court order.
    44    [2. There shall be a statewide license and  record  database  specific
    45  for  ammunition sales which shall be created and maintained by the divi-
    46  sion of state police the cost of which shall not be borne by any munici-
    47  pality no later than thirty days upon designating the division of  state
    48  police  as  the  point of contact to perform both firearm and ammunition
    49  background checks under federal and  state  law.  Records  assembled  or
    50  collected  for  purposes  of  inclusion  in  such  database shall not be
    51  subject to disclosure pursuant to article six  of  the  public  officers
    52  law.  All  records  containing  granted  license  applications  from all
    53  licensing authorities shall be monthly checked by the division of crimi-
    54  nal justice services in conjunction with the division  of  state  police
    55  against   criminal  conviction,  criminal  indictments,  mental  health,
    56  extreme risk protection orders, orders  of  protection,  and  all  other
        S. 3383                             8

     1  records  as  are necessary to determine their continued accuracy as well
     2  as whether an individual is no longer a valid license holder. The  divi-
     3  sion  of criminal justice services shall also check pending applications
     4  made  pursuant to this article against such records to determine whether
     5  a license may be granted. All state and local agencies  shall  cooperate
     6  with  the division of criminal justice services, as otherwise authorized
     7  by law, in making their records available for such checks. No later than
     8  thirty days after the superintendent of the state police certifies  that
     9  the  statewide  license and record database established pursuant to this
    10  section and the statewide license and record  database  established  for
    11  ammunition  sales  are  operational  for the purposes of this section, a
    12  dealer in firearms licensed pursuant to section 400.00 of this  article,
    13  a  seller of ammunition as defined in subdivision twenty-four of section
    14  265.00 of this chapter shall not transfer any ammunition  to  any  other
    15  person who is not a dealer in firearms as defined in subdivision nine of
    16  such  section 265.00 or a seller of ammunition as defined in subdivision
    17  twenty-four of section 265.00 of this chapter, unless:
    18    (a) before the completion of the  transfer,  the  licensee  or  seller
    19  contacts  the  statewide  license  and  record database and provides the
    20  database with information sufficient to identify such dealer  or  seller
    21  transferee based on information on the transferee's identification docu-
    22  ment  as  defined  in  paragraph (c) of this subdivision, as well as the
    23  amount, caliber, manufacturer's name and serial number, if any, of  such
    24  ammunition;
    25    (b)  the  licensee  or seller is provided with a unique identification
    26  number; and
    27    (c) the transferor has verified the  identity  of  the  transferee  by
    28  examining a valid state identification document of the transferee issued
    29  by  the department of motor vehicles or if the transferee is not a resi-
    30  dent of the state of New York, a valid identification document issued by
    31  the transferee's state or country of residence containing  a  photograph
    32  of the transferee.]
    33    §  8.  Subdivisions  2  and  6  of section 400.03 of the penal law, as
    34  amended by section 8 of chapter 371 of the laws of 2022, are amended  to
    35  read as follows:
    36    2.  Any  seller of ammunition or dealer in firearms shall keep [either
    37  an electronic record, or dataset, or an organized collection  of  struc-
    38  tured information, or data, typically stored electronically in a comput-
    39  er  system]  a  record book approved as to form by the superintendent of
    40  state police. In the record book shall be entered at the time  of  every
    41  transaction  involving  ammunition  the  date, name, age, occupation and
    42  residence of any person from whom ammunition  is  received  or  to  whom
    43  ammunition  is  delivered,  and the amount, calibre, manufacturer's name
    44  and serial number, or if none, any other distinguishing number or  iden-
    45  tification mark on such ammunition.  The record book shall be maintained
    46  on the premises mentioned and described in the license and shall be open
    47  at  all  reasonable  hours  for  inspection by any peace officer, acting
    48  pursuant to their special duties, or police officer. Any record produced
    49  pursuant to this section and any transmission thereof to any  government
    50  agency  shall  not be considered a public record for purposes of article
    51  six of the public officers law.
    52    6. If the superintendent of state  police  certifies  that  background
    53  checks  of  ammunition  purchasers may be conducted through the national
    54  instant criminal background check system [or  through  the  division  of
    55  state  police  once  the division has been designated point of contact],
    56  use of that system by a dealer or seller shall be sufficient to  satisfy
        S. 3383                             9

     1  subdivisions  four  and  five  of  this section and such checks shall be
     2  conducted through such system, provided that a  record  of  such  trans-
     3  action  shall  be  forwarded to the state police in a form determined by
     4  the superintendent.
     5    § 9. Section 265.45 of the penal law, as amended by chapter 371 of the
     6  laws of 2022, subdivision 2 as amended by section 3 of part F of chapter
     7  55 of the laws of 2023, is amended to read as follows:
     8  § 265.45 Failure  to  safely store rifles, shotguns, and firearms in the
     9               first degree.
    10    [1.] No person who owns or is custodian of a rifle, shotgun or firearm
    11  who resides with an individual who:  (i)  is  under  [eighteen]  sixteen
    12  years of age; (ii) such person knows or has reason to know is prohibited
    13  from  possessing  a rifle, shotgun or firearm pursuant to a temporary or
    14  final extreme risk protection order issued under  article  sixty-three-A
    15  of  the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8)
    16  or (9); or (iii) such person knows or has reason to know  is  prohibited
    17  from  possessing a rifle, shotgun or firearm based on a conviction for a
    18  felony or a serious offense, shall store or otherwise leave such  rifle,
    19  shotgun  or  firearm  out  of [his or her] their immediate possession or
    20  control without having first securely  locked  such  rifle,  shotgun  or
    21  firearm in an appropriate safe storage depository or rendered it incapa-
    22  ble  of  being  fired by use of a gun locking device appropriate to that
    23  weapon.
    24    [2. No person shall store or otherwise  leave  a  rifle,  shotgun,  or
    25  firearm  out  of  such person's immediate possession or control inside a
    26  vehicle without first removing the ammunition from and securely  locking
    27  such rifle, shotgun, or firearm in an appropriate safe storage deposito-
    28  ry  out  of  sight  from outside of the vehicle; provided, however, this
    29  subdivision shall not apply to a police officer as such term is  defined
    30  in  subdivision  thirty-four  of  section 1.20 of the criminal procedure
    31  law, a qualified law enforcement officer authorized to  carry  concealed
    32  firearms pursuant to 18 U.S.C. 926B, or a person in the military service
    33  of  the United States or the state of New York when such police officer,
    34  qualified law enforcement officer, or person in such military service is
    35  acting in the course of such person's official duty  or  employment  and
    36  otherwise  complying  with  any  applicable  standards  or  requirements
    37  pertaining to the storage of such rifle, shotgun, or firearm.
    38    3.] For purposes of this section "safe storage depository" shall  mean
    39  a  safe  or  other  secure container which, when locked, is incapable of
    40  being opened without the key, [keypad,] combination or  other  unlocking
    41  mechanism  and  is  capable  of  preventing  an unauthorized person from
    42  obtaining access to and possession of the weapon contained therein  [and
    43  shall  be  fire,  impact, and tamper resistant]. Nothing in this section
    44  shall be deemed to affect, impair or supersede any special or local  act
    45  relating  to  the  safe  storage  of  rifles, shotguns or firearms which
    46  impose additional requirements on the owner or custodian of  such  weap-
    47  ons.  [For  the  purposes  of  subdivision  two of this section, a glove
    48  compartment or glove box shall not be  considered  an  appropriate  safe
    49  storage depository.
    50    4.] It shall not be a violation of this section to allow a person less
    51  than  [eighteen] sixteen years of age access to: (i) a firearm, rifle or
    52  shotgun for lawful use as authorized under paragraph seven or seven-e of
    53  subdivision a of section 265.20 of this article,  or  (ii)  a  rifle  or
    54  shotgun  for  lawful use as authorized by article eleven of the environ-
    55  mental conservation law when such person less  than  [eighteen]  sixteen
        S. 3383                            10

     1  years of age is the holder of a hunting license or permit and such rifle
     2  or shotgun is used in accordance with such law.
     3    Failure  to  safely  store rifles, shotguns, and firearms in the first
     4  degree is a class A misdemeanor.
     5    § 10. Section 400.30 of the penal law is REPEALED.
     6    § 11. Section 270.20 of the penal law, as amended by  chapter  371  of
     7  the laws of 2022, is amended to read as follows:
     8  § 270.20 Unlawful wearing of a body [armor] vest.
     9    1.  A  person is guilty of the unlawful wearing of a body [armor] vest
    10  when acting either alone or with one or more  other  persons  [he]  such
    11  person commits any violent felony offense defined in section 70.02 while
    12  possessing  a  firearm,  rifle  or  shotgun  and in the course of and in
    13  furtherance of such crime [he or she wears] they  wear  a  body  [armor]
    14  vest.
    15    2.  For  the purposes of this section a "body [armor] vest" means [any
    16  product that is a personal protective body covering intended to  protect
    17  against  gunfire, regardless of whether such product is to be worn alone
    18  or is sold as a complement to another product or garment]  a  bullet-re-
    19  sistant  soft  body armor providing, as a minimum standard, the level of
    20  protection known as threat level I  which  shall  mean  at  least  seven
    21  layers  of  bullet-resistant  material  providing  protection from three
    22  shots of one hundred fifty-eight grain lead ammunition fired from a  .38
    23  calibre handgun at a velocity of eight hundred fifty feet per second.
    24    The unlawful wearing of a body [armor] vest is a class E felony.
    25    §  12.  Section  270.21 of the penal law, as amended by chapter 371 of
    26  the laws of 2022, is amended to read as follows:
    27  § 270.21 Unlawful purchase of a body [armor] vest.
    28    A person is guilty of the unlawful purchase of  a  body  [armor]  vest
    29  when,  not  being  engaged  or  employed in an eligible profession, they
    30  knowingly purchase or take possession of a body [armor]  vest,  as  such
    31  term  is  defined  in subdivision two of section 270.20 of this article.
    32  This section shall not apply  to  individuals  or  entities  engaged  or
    33  employed in eligible professions, which shall include police officers as
    34  defined in section 1.20 of the criminal procedure law, peace officers as
    35  defined  in section 2.10 of the criminal procedure law, persons in mili-
    36  tary service in the state of New York or military or other  service  for
    37  the  United States, and such other professions designated by the depart-
    38  ment of state in accordance with section one hundred forty-four-a of the
    39  executive law.
    40    Unlawful purchase of a body [armor] vest is a class A misdemeanor  for
    41  a first offense and a class E felony for any subsequent offense.
    42    §  13.  Section  270.22 of the penal law, as amended by chapter 371 of
    43  the laws of 2022, is amended to read as follows:
    44  § 270.22 Unlawful sale of a body [armor] vest.
    45    A person is guilty of the unlawful sale of a body  [armor]  vest  when
    46  they  sell,  exchange,  give  or dispose of a body [armor] vest, as such
    47  term is defined in subdivision two of section 270.20 of this article, to
    48  an individual whom they know or reasonably  should  have  known  is  not
    49  engaged  or  employed in an eligible profession, as such term is defined
    50  in section 270.21 of this article.
    51    Unlawful sale of a body [armor] vest is a class A misdemeanor for  the
    52  first offense and a class E felony for any subsequent offense.
    53    § 14. Section 396-eee of the general business law, as amended by chap-
    54  ter 371 of the laws of 2022, is amended to read as follows:
    55    §  396-eee.  Unlawful  sale  or  delivery of body [armor] vests. 1. No
    56  person, firm or corporation shall sell or deliver body [armor] vests  to
        S. 3383                            11

     1  any  individual or entity not engaged or employed in an eligible profes-
     2  sion, and except as provided in subdivision [two] three of this section,
     3  no such sale or delivery shall be permitted unless the transferee  meets
     4  in person with the transferor to accomplish such sale or delivery.
     5    2.  The  provisions  of  subdivision  one of this section regarding in
     6  person sale or delivery shall not apply to purchases made by  [federal,]
     7  state[,] or local government agencies for the purpose of furnishing such
     8  body [armor] vests to employees in eligible professions.
     9    3.  For  the  purposes of this section, "body [armor] vest" shall have
    10  the same meaning as defined in subdivision two of section 270.20 of  the
    11  penal law.
    12    4. Any person, firm or corporation that violate the provisions of this
    13  section shall be guilty of a violation punishable by a fine in an amount
    14  not  to  exceed  five  thousand  dollars for the first offense and in an
    15  amount not to exceed ten thousand dollars for any subsequent offense.
    16    § 15. Section 144-a of the executive law, as amended by chapter 371 of
    17  the laws of 2022, is amended to read as follows:
    18    § 144-a. Eligible professions for the purchase, sale, and use of  body
    19  [armor] vests.  The secretary of state in consultation with the division
    20  of  criminal  justice  services,  the  division of homeland security and
    21  emergency services, the department of corrections and  community  super-
    22  vision,  the  division  of  the  state police, and the office of general
    23  services shall promulgate rules and regulations  to  establish  criteria
    24  for  eligible  professions  requiring the use of a body [armor] vest, as
    25  such term is defined in subdivision two of section 270.20 of  the  penal
    26  law. Such professions shall include those in which the duties may expose
    27  the individual to serious physical injury that may be prevented or miti-
    28  gated by the wearing of a body [armor] vest.  Such rules and regulations
    29  shall  also  include  a  process  by  which  an individual or entity may
    30  request that the profession in which they engage be added to the list of
    31  eligible professions, a process by which the  department  shall  approve
    32  such  professions,  and  a process by which individuals and entities may
    33  present proof of engagement in eligible professions  when  purchasing  a
    34  body [armor] vest.
    35    § 16. Section 228 of the executive law is REPEALED.
    36    §  17.  Subdivision  2  of section 898 of the general business law, as
    37  amended by chapter 371 of the laws  of  2022,  is  amended  to  read  as
    38  follows:
    39    2.  Before  any sale, exchange or disposal pursuant to this article, a
    40  national instant criminal background check must be completed by a dealer
    41  who [shall submit a request to the division of state police pursuant  to
    42  section  two  hundred  twenty-eight  of  the  executive law] consents to
    43  conduct such check, and upon completion of such background check,  shall
    44  complete  a  document, the form of which shall be approved by the super-
    45  intendent of state police, that identifies and confirms that such  check
    46  was performed. Before a dealer who [has submitted a request to the divi-
    47  sion  of  state  police] consents to conduct a national instant criminal
    48  background check delivers a firearm, rifle or  shotgun  to  any  person,
    49  either  (a) NICS [shall have] issued a "proceed" response to the dealer,
    50  or (b) thirty calendar days shall have elapsed since the date the dealer
    51  [submitted a request to the division of state  police  to  contact  the]
    52  contacted  NICS to initiate a national instant criminal background check
    53  and NICS has not notified the [division of state police] dealer that the
    54  transfer of the firearm, rifle or  shotgun  to  such  person  should  be
    55  denied.
        S. 3383                            12

     1    §  18.  Paragraph  (c)  of subdivision 1 of section 896 of the general
     2  business law, as amended by chapter 371 of the laws of 2022, is  amended
     3  to read as follows:
     4    (c)  [coordinate  with the division of state police to] provide access
     5  at the gun show to a firearm dealer licensed under federal  law  who  is
     6  authorized  to  perform  a  national  instant  criminal background check
     7  [prior to any firearm sale or transfer] where the seller  or  transferor
     8  of a firearm, rifle or shotgun is not authorized to conduct such a check
     9  by  (i)  requiring  firearm  exhibitors who are firearm dealers licensed
    10  under federal law and who are authorized to conduct a  national  instant
    11  criminal background check to provide such a check at cost or (ii) desig-
    12  nating  a  specific  location  at  the  gun  show where a firearm dealer
    13  licensed under federal law who  is  authorized  to  conduct  a  national
    14  instant  criminal  background  check  will  be present to perform such a
    15  check at cost.  Any  firearm  dealer  licensed  under  federal  law  who
    16  [submits  a request to the division of state police to perform] performs
    17  a national instant criminal background check pursuant to this  paragraph
    18  shall  provide the seller or transferor of the firearm, rifle or shotgun
    19  with a copy of the United States Department of Treasury, Bureau of Alco-
    20  hol, Tobacco and Firearms Form ATF F 4473 and such dealer shall maintain
    21  such form and make such form available for inspection by law enforcement
    22  agencies for a period of ten years thereafter.
    23    § 19. Section 19 of chapter 371 of the laws of 2022 is REPEALED.
    24    § 20. Section 400.06 of the penal law is REPEALED.
    25    § 21. Section 99-pp of the state finance law as added by  chapter  371
    26  of the laws of 2022, is REPEALED.
    27    § 22. Subdivision 19 of section 265.00 of the penal law, as amended by
    28  chapter 371 of the laws of 2022, is amended to read as follows:
    29    19. "Duly authorized instructor" means (a) a duly commissioned officer
    30  of  the United States army, navy, marine corps or coast guard, or of the
    31  national guard of the state of New York; or (b) a duly  qualified  adult
    32  citizen  of  the  United States who has been granted a certificate as an
    33  instructor in small arms practice issued by the United States army, navy
    34  or marine corps, or by the adjutant general of this state,  [or  by  the
    35  division of criminal justice services,] or by the national rifle associ-
    36  ation  of America, a not-for-profit corporation duly organized under the
    37  laws of this state; or (c) [by] a person duly qualified  and  designated
    38  by  the  department  of  environmental conservation under paragraph c of
    39  subdivision three of section 11-0713 of the  environmental  conservation
    40  law  as its agent in the giving of instruction and the making of certif-
    41  ications of qualification in responsible hunting practices; or (d) a New
    42  York state 4-H certified shooting sports instructor.
    43    § 23. Subdivision 18 of section 400.00 of the penal law, as amended by
    44  chapter 371 of the laws of 2022 and paragraph (c) as amended and (d)  as
    45  added by chapter 432 of the laws of 2024, is amended to read as follows:
    46    18.  Notice.  Upon  the  issuance  of a license, the licensing officer
    47  shall issue therewith[, and such licensee shall attest  to  the  receipt
    48  of,]  the  following [information and notifications: (a) the grounds for
    49  which the license issued may be revoked, which shall include but not  be
    50  limited  to  the areas and locations for which the licenses issued under
    51  paragraph  (f)  of  subdivision  two  of  this  section  prohibits   the
    52  possession  of  firearms,  rifles,  and  shotguns, and that a conviction
    53  under sections 265.01-d and 265.01-e of this chapter  are  felonies  for
    54  which licensure will be revoked;
    55    (b)  a  notification regarding the requirements for safe storage which
    56  shall be] notice in conspicuous and legible twenty-four  point  type  on
        S. 3383                            13

     1  eight  and  one-half inches by eleven inches paper stating in bold print
     2  the following:
     3    WARNING:  RESPONSIBLE  FIREARM  STORAGE  IS THE LAW IN NEW YORK STATE.
     4  [WHEN STORED IN A HOME] FIREARMS[, RIFLES, OR SHOTGUNS] MUST  EITHER  BE
     5  STORED  WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT
     6  BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL  OF  THE  OWNER  OR
     7  OTHER LAWFUL POSSESSOR IF A CHILD [UNDER THE AGE OF EIGHTEEN] RESIDES IN
     8  THE  HOME  OR  IS  PRESENT,  OR IF THE OWNER OR POSSESSOR RESIDES WITH A
     9  PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL  LAW.
    10  FIREARMS  SHOULD BE STORED [BY REMOVING THE AMMUNITION FROM AND SECURELY
    11  LOCKING SUCH FIREARM] UNLOADED AND LOCKED IN A  LOCATION  SEPARATE  FROM
    12  AMMUNITION.  LEAVING  FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED
    13  PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. [WHEN STORED IN A
    14  VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR  CONTROL,  FIREARMS,
    15  RIFLES,  AND  SHOTGUNS  MUST  BE  STORED  IN AN APPROPRIATE SAFE STORAGE
    16  DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.
    17    (c) any other information necessary to ensure such licensee  is  aware
    18  of their responsibilities as a license holder; and
    19    (d)  statewide  resources  and information relating to safe storage of
    20  firearms, child access prevention and  firearm  violence  prevention  as
    21  well  as  information  on county and local specific laws and regulations
    22  related to child access prevention and the safe storage of firearms.]
    23    Nothing in this subdivision shall  be  deemed  to  affect,  impair  or
    24  supersede  any special or local law relating to providing notice regard-
    25  ing the safe storage of rifles, shotguns or firearms.
    26    § 23-a.   Subdivision 19  of  section  400.00  of  the  penal  law  is
    27  REPEALED.
    28    §  24.  Subdivisions  11 and 12 of section 265.00 of the penal law, as
    29  amended by chapter 371 of the laws of  2022,  are  amended  to  read  as
    30  follows:
    31    11. "Rifle" means a weapon designed or redesigned, made or remade, and
    32  intended  to  be  fired from the shoulder and designed or redesigned and
    33  made or remade to use the energy of the explosive in  a  fixed  metallic
    34  cartridge  to  fire  only  a single projectile through a rifled bore for
    35  each single pull of  the  trigger  [using  either:  (a)  fixed  metallic
    36  cartridge;  or (b) each projectile and explosive charge are loaded indi-
    37  vidually for each shot discharged. In addition to common, modern  usage,
    38  rifles include those using obsolete ammunition not commonly available in
    39  commercial  trade,  or  that  load  through the muzzle and fire a single
    40  projectile with each discharge, or  loading,  including  muzzle  loading
    41  rifles, flintlock rifles, and black powder rifles].
    42    12.  "Shotgun"  means a weapon designed or redesigned, made or remade,
    43  and intended to be fired from the shoulder and  designed  or  redesigned
    44  and made or remade to use the energy of the explosive in a fixed shotgun
    45  shell  to fire through a smooth [or rifled] bore either a number of ball
    46  shot or a single projectile for each single pull of the  trigger  [using
    47  either: (a) a fixed shotgun shell; or (b) a projectile or number of ball
    48  shot  and  explosive  charge  are  loaded  individually  for  each  shot
    49  discharged. In addition to common, modern usage, shotguns include  those
    50  using obsolete ammunition not commonly available in commercial trade, or
    51  that load through the muzzle and fires ball shot with each discharge, or
    52  loading,  including  muzzle  loading  shotguns,  flintlock shotguns, and
    53  black powder shotguns].
    54    § 25. Severability. If any clause, sentence, paragraph or  section  of
    55  this  act shall be adjudged by any court of competent jurisdiction to be
    56  invalid, the judgment shall not affect, impair or invalidate the remain-
        S. 3383                            14

     1  der thereof, but shall be confined  in  its  operation  to  the  clause,
     2  sentence,  paragraph or section thereof directly involved in the contro-
     3  versy in which the judgment shall have been rendered.
     4    § 26. This act shall take effect immediately.