senate Bill S2230

Signed by Governor

Enacts the NY SAFE Act of 2013

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 14 / Jan / 2013
    • REFERRED TO RULES
  • 14 / Jan / 2013
    • ORDERED TO THIRD READING CAL.1
  • 14 / Jan / 2013
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 14 / Jan / 2013
    • PASSED SENATE
  • 14 / Jan / 2013
    • DELIVERED TO ASSEMBLY
  • 14 / Jan / 2013
    • REFERRED TO CODES
  • 15 / Jan / 2013
    • SUBSTITUTED FOR A2388
  • 15 / Jan / 2013
    • ORDERED TO THIRD READING RULES CAL.3
  • 15 / Jan / 2013
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 15 / Jan / 2013
    • PASSED ASSEMBLY
  • 15 / Jan / 2013
    • RETURNED TO SENATE
  • 15 / Jan / 2013
    • DELIVERED TO GOVERNOR
  • 15 / Jan / 2013
    • SIGNED CHAP.1

Summary

Enacts the NY Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013.

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Bill Details

See Assembly Version of this Bill:
A2388
Versions:
S2230
Legislative Cycle:
2013-2014
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§330.20 & 530.14, add §380.96, CP L; amd §404, Cor L; amd §§842-a & 846-a, add §§446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd §§240 & 252, Dom Rel L; amd §837, Exec L; amd §212, Judy L; add Art 39-DDD §898, Gen Bus L; md §§7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add §9.46, Ment Hyg L; amd Pen L, generally, add §2509, SCPA; add §2801-b, amd §3602, Ed L; amd §18, Chap 408 of 1999

Sponsor Memo

BILL NUMBER:S2230

TITLE OF BILL:

An act to amend the criminal procedure law, the correction law, the
family court act, the executive law, the general business law, the
judiciary law, the mental hygiene law, the penal law and the
surrogate's court procedure act, in relation to suspension and
revocation of firearms licenses; private sale or disposal of firearms,
rifles or shotguns and establishing a minimum age to possess a
firearm; to amend the family court act, the domestic relations law and
the criminal procedure law, in relation to providing for the mandatory
suspension or revocation of the firearms license of a person against
whom an order of protection or a temporary order of protection has
been issued under certain circumstances, or upon violation of any such
order; to amend the penal law, in relation to community guns and the
criminal sale of a firearm and in relation to the definitions of
aggravated and first degree murder; to amend chapter 408 of the laws
of 1999 constituting Kendra's Law, in relation to extending the
expiration thereof; and to amend the education law, in relation to the
New York state school safety improvement teams; and in relation to
building aid for metal detectors and safety devices

PURPOSE:

This legislation will protect New Yorkers by reducing the availability
of assault weapons and deterring the criminal use of firearms while
promoting a fair, consistent and efficient method of ensuring that
sportsmen and other legal gun owners have full enjoyment of the guns
to which they are entitled. A thoughtful network of laws provides the
toughest, most comprehensive and balanced answer in the nation to gun
violence. Through this legislation, New York is the first in the
nation to completely ban all pre-1994 high capacity magazines; to ban
any magazine that holds more than seven rounds (rather than a limit of
ten) and to both track ammunition purchases in real time to permit
alerts on high volume buyers, while also checking on the buyer's
background.

In a range of reforms the bill attends to the weaknesses in the
state's current regulatory structure to bring a consistency and
rationality that must be the cornerstone of a safe society. A single
standard across the State will ensure that legal gun owners obtain
their licenses expeditiously while those prohibited are denied that
privilege. A statewide database will keep the registry current and
guard against the dangerous or unstable possessing guns. New rules
will close a loophole that excludes private sales of guns from a
federal background check; tighten provisions governing gun ownership
by persons with serious mental illness; require safe storage of guns
for gun owners who live with someone who has been convicted of certain
crimes, is under an order of protection, or who has been involuntarily
committed as a result of a mental illness. The bill also creates new
and enhanced penalties for illegal gun use, and enhances protections
for victims of domestic violence by requiring the firearm surrenders
and gun license suspension and revocation in cases where an order of
protection has been issued.

SUMMARY OF PROVISIONS:


Assault Weapons

Section 37 of the bill amends Penal Law § 265.00(22) in order to
strengthen New York's assault weapon ban, expanding its reach and
making it easier to enforce. The proposed amendments replace the
existing ban consisting of and a "two-feature" test adopted from the
now-expired federal assault weapons ban with a clearer "one-feature"
test. The "two-feature" test bans any gun that is semi-automatic, has
a detachable magazine (in the case of pistols and rifles), and
possesses two features that are commonly associated with military
weapons. The "one-feature" test would ban semi-automatic guns with
detachable magazines that possess one feature commonly associated with
military weapons. This section also adds to the list of "features"
that characterize a banned weapon.

Within one year of the effective date, all weapons defined as assault
weapons under the new "one-feature" test, as well as weapons
grandfathered in under the original assault weapons ban, must be
registered. Current owners of these banned weapons may transfer the
weapons only to a firearms dealer or transfer to an out of state
buyer. All registered owners will be subject to a review of
disqualifiers by the State Police.

Ammunition

Section 38 of the bill amends Penal Law § 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten rounds
of ammunition including those that were grandfathered in under the
original assault weapons ban and creates a new ban on magazines that
hold more than seven rounds of ammunition. Magazines that can hold
more than seven rounds but not more than ten rounds and are currently
possessed will be grandfathered in, but may only contain seven rounds
of ammunition. Exceptions are made for large capacity magazines that
are curios or relics.

Section 39 also adds a new section to Penal Law § 265.00 to define
seller of ammunition.

Section 50 of the bill enhances control over sales of ammunition by
adding a new Penal Law § 400.03 requiring (1) that sellers of
ammunition register with the superintendent of the State Police (2)
that prior to a sale of ammunition, a seller must run the buyer
through a State-created review of disqualifiers to ensure that the
buyer is not prohibited by law from possessing ammunition, and (3)
that ammunition sales are electronically accessible to the State. In
addition, to prevent from purchasing ammunition, the bill requires
that any ammunition sold commercially must be conducted by a seller
that can perform a background check.

Licensing

Section 49 creates a new Penal Law § 400.02 establishing a statewide
gun license and record database. Section 18 amends Section 212 of the
Judiciary Law to require that records submitted to the Federal Bureau


of Investigation regarding individuals for whom a guardian has been
appointed be transmitted to the State and checked against the
statewide gun license and record database.

Several sections of the bill strengthen statutory provisions related
to the licensing of firearms, shotguns, and rifles. Section 1 amends
Criminal Procedure Law (CPL) § 330.20 to require the revocation of any
gun license from and the surrender of any gun by a defendant upon an
entry of a verdict of not responsible by reason of mental disease or
defect, upon the acceptance of a plea of not responsible by reason of
mental disease or defect, or upon a finding that a defendant is an
incapacitated person pursuant to the CPL. Section 2 adds a new section
to the CPL that requires a sentencing judge to demand surrender of a
gun license or registration and all guns possessed by the defendant
upon judgment of conviction for an offense that requires the seizure
of a gun and the revocation of a gun license or registration. Sections
4 through 16 amend the Family Court Act, the Domestic Relations Law
and the CPL to require, under certain circumstances, the mandatory
suspension or revocation of the firearms license of a person against
whom an order of protection or a temporary order of protection has
been issued.

Section 48 of the bill amends the Penal Law to require that every
county recertify a gun license holder's license every five years.
Failure to recertify during this five year period equates to
revocation of the license. The section also adds bases for denial of a
license to an applicant, including connection of a felony or serious
offense, being presently subject to an order of protection; and
expands the criteria for denial based on an applicant's history of
mental illness.

Private Sales

Under current New York law, background checks on gun purchasers are
required for all purchases of guns from gun dealers and at gun shows.
Section 17 will expand this requirement by adding a new article to the
General Business Law requiring background checks to be completed for
all gun sales, except for immediate family. Thus private sellers may
transfer a gun only if the buyer has obtained a federal "NICS" check.
Further, dealers must maintain records of private sale background
checks, and private sellers may charge a fee of up to $10 on a
transaction. Transfers between immediate family members will be exempt
from the requirements of this section.

Safe Storage

To prevent, among other things, unauthorized and unlicensed use of
guns, section 47 of the bill adds a new Penal Law § 265.45
establishing safe storage requirements for rifles, shotguns and
firearms. Under this new section, a gun owner who lives with someone
who the owner has reason to know is prohibited from possessing a gun
because the prohibited person has been convicted of a crime punishable
by a term of imprisonment exceeding one year, has been adjudicated
mentally defective or committed to a mental institution, is subject to
a court order of protection or has been convicted of a misdemeanor


crime of domestic violence whose sentence has been completed in the
last five years must, when the gun is out of the owner's immediate
control, keep the gun secured in a safe storage depository (for
example, a safe or similar secure container with a lock that can be
opened only with a key or combination, or other locking mechanism) or
render it incapable of being fired by putting a safety lock on the
gun.

Provisions Related to Persons with Mental Illness

Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating is
likely to engage in conduct that will cause serious harm to him- or
herself or others. A good faith decision about whether to report will
not be a basis for any criminal or civil liability. When a Section
9.46 report is made, the Division of Criminal Justice Services will
determine whether the person possesses a firearms license and, if so,
will notify the appropriate local licensing official, who must suspend
the license. The person's firearms will then be removed.

The bill extends Kendra's Law through 2017 and amends the law by:
extending the duration of the initial assisted out-patient treatment
order from 6 months to one year; requiring a review before the
assisted out-patient treatment order for a mentally ill inmate is
terminated; requiring an assisted out-patient treatment order to
follow a person from one county to another if he or she changes
residence; and will require the Office of Mental Hygiene (OMH) to
conduct an assisted out-patient treatment assessment when a state
prisoner is being discharged to the community from an OHM hospital.

New and Enhanced Criminal Penalties

Several sections of the bill create new and enhanced penalties for
illegal gun use. Sections 33 through 36, known as "Mark's Law," will
include the intentional murder of certain first responders in the
Class A-1 felonies of murder in the first degree and aggravated
murder. The mandatory penalty for a conviction of aggravated murder is
life without parole.

A new Penal Law Section 460.22, aggravated enterprise corruption,
recognizes the significant threat to public safety posed by organized
violent gangs and their illegal purchases of weapons by creating an
A-1 felony for cases when members of the enterprise commit certain
combinations of offenses. Those combinations are: first, a pattern of
criminal activity that constitutes Class B felonies or higher, and at
least two of those acts are armed felonies; or second, one act is a
Class B violent felony and two acts constitute a violation of the
newly added Section 265.17 (3) which prohibits the purchase on behalf
of or disposal of a weapon to an individual who is prohibited by law
from possessing such a weapon. This provision also addresses the issue


of "straw purchasers" where individuals who are not prohibited by law
to purchase weapons do so for others, for example, gang members who
may not possess a weapon because of a prior conviction or other
disability under law.

Section 41 increases the penalty for possession of a firearm on school
grounds or on a school bus from a misdemeanor to a Class E felony.
Section 41-a creates a new subdivision of criminal possession of a
weapon in the third degree, a Class D violent felony, when a person
possesses an unloaded firearm and also commits a drug trafficking
felony or possesses an unloaded firearm and also commits any violent
felony as part of the same criminal transaction. The mandatory minimum
sentence for these new Class D felonies is a three and one-half year
determinate sentence, although the court may consider mitigating
factors and impose a lesser sentence in some limited circumstances
involving drug trafficking.

Section 45 creates the crime of aggravated criminal possession of a
weapon, a Class C felony, which is committed when one possesses a
loaded firearm under § 255.03 of the Penal Law and also commits any
violent felony offense or a drug trafficking felony. The minimum
mandatory sentence is 5 years.

Section 32 amends Penal Law § 120.05 by adding a new subdivision 4-a
to create the crime of assault in the second degree when a person
recklessly causes physical injury to a child by the intentional
discharge of a firearm, rifle or shotgun.

Section 43 amends Penal Law § 265.17 to include criminal sale or
disposal of a weapon by providing a firearm, rifle or shotgun to a
person knowing he or she is prohibited by law from possessing such
firearm, rifle or shotgun. The penalty is raised from a Class A
misdemeanor to a Class D felony.

Section 31 adds Penal Law § 115.20 making it a Class A misdemeanor to
make available, sell, exchange, give or dispose of a community gun
that aids a person in committing a crime. A community gun is defined
as one that is made available to, among, or between two or more
persons at least one of whom is not authorized pursuant to law to
possess such firearm.

Safer Schools

The bill adds a new Section 2801-b to the Education Law to establish
New York State School Safety Improvement Teams to review, assess, and
make recommendations on School Safety Plans submitted by school
districts on a voluntary basis. Section 3602 of the Education Law is
amended to allow school districts that purchase various security
devices included in their School Safety Plans to receive state
building aid reimbursement at a rate ten percent higher than their
current building aid ratio. Section 55 is the severability clause, and
Section 56 establishes the effective date.

EXISTING LAW:


This bill amends the Correction Law, the Criminal Procedure Law, the
Domestic Relations Law, the Executive Law, the Family Court Act, the
General Business Law, the Judiciary Law, Kendra's Law (Section 18 of
Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the Laws
of 2010), the Mental Hygiene Law, the Penal Law, and the Surrogates
Court Act.

STATEMENT IN SUPPORT:

In the wrong hands, guns are weapons of untold destruction and
heartbreak: family and community members are taken from us in an
instant; mass shootings shatter our sense of safety in public spaces;
street crimes plague our neighborhoods. Nationwide, gun violence
claims over 30,000 lives annually.

While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that that right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the
Heller case, the Supreme Court explained, "nothing in our opinion
should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws
forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms." 554 U.S. at 626-27.
The Court also recognized there is a "historical tradition of
prohibiting the carrying of 'dangerous and unusual' weapons." Id.
This piece of legislation heeds the guidance of the Supreme Court by
refining and improving the assault weapon ban and increasing the
safety of New Yorkers while observing the protections of the Second
Amendment.

Some weapons are so dangerous and some ammunition devices so lethal
that we simply cannot afford to continue selling them in our state.
Assault weapons that have military-style features unnecessary for
hunting and sporting purposes are this kind of weapon. The test
adopted in this legislation is intended to bring a simplicity of
definition focusing on the lethality of the weapon, amplified by the
particular features. Given the difficulty of maintaining a list of
guns that keeps pace with changes in weapon design, the one-feature
test is a more comprehensive means for addressing these dangerous
weapons.

Ammunition

The state's previous ban against high capacity magazines faltered
because it was impossible to tell the difference between magazines
manufactured before or after the effective date of the ban. This bill
prohibits possession of all magazines with the capacity to contain
more than ten rounds, regardless of the date of manufacture. Going
forward, individuals will only be able to obtain magazines that can
contain up to seven rounds. Those who currently possess magazines that
can contain more than seven rounds will only be permitted to maintain
up to seven rounds in such magazines.

The new law also provides a mechanism to identify individuals who
purchase unusually high volumes of ammunition, either in person or


over the internet. Sellers must run the buyer's name through a State
database modeled after the federal "NICS" database to ensure the buyer
is not prohibited by law from possessing ammunition. Ammunition
sellers are also required to electronically file with the State
records of each ammunition sale, including amount sold.

In order to prevent circumvention of these new controls, this bill
requires that any seller--whether located in New York or out of
state--ship the ammunition to a dealer within New York for in-person
pick-up. The dealer is required to maintain records of the ammunition
sale and to perform a State review of disqualifiers. Direct shipment
of ammunition without a face-to-face transaction prevents a seller
from being able to adequately confirm the identity of a buyer through
the in-person inspection of a valid photo ID. Without adequate
confirmation of a buyer's identity, the benefits of background checks
and record keeping are completely circumvented. A law requiring all
ammunition sales to culminate in a face-to-face transfer, thereby
allowing for effective confirmation of purchaser identity and
corresponding background check, is consistent with this scheme.

Licensing

Currently in New York State, outside of New York City, Westchester,
Nassau and Suffolk Counties, a gun license never expires. Lack of a
renewal procedure means there is no periodic review of a licensee's
qualifications. Thus, if a license holder becomes disqualified from
carrying a gun subsequent to obtaining a license, he or she will
likely retain the license. This law requires every license holder to
recertify the licensee's gun license every five years. Failure of a
licensee to have his or her license recertified will result in
revocation of the license.

In addition, in order to ensure that legal gun license holders receive
their licenses as swiftly as possible and to ensure the swift and
accurate ability to match license holders with disqualifying events
such as a felony conviction, the bill establishes an electronic
license and record database. The electronic database will permit
regular matching by the State against records of prohibited persons
(e.g., those with criminal histories, orders of protection, and mental
illnesses that bar gun ownership and licensing) as well as against
other databases such as death records to ensure that New York's
license records are up to date.

Furthermore, orders of protection are intended to protect victims of
domestic violence from their abusers and prevent violent crimes from
occurring. This bill enhances protections for victims of domestic
violence by strengthening the provisions regarding the possession and
surrender of firearms and the suspension and revocation of, and
ineligibility for, licenses by individuals who are the respondents in
an order of protection. The bill makes changes to the Family Court Act
to conform to the 2007 amendments made to the CPL.

Private Gun Sales


Under current New York law, background checks on purchasers are
required for all purchases of guns from gun dealers and at gun shows,
however, individuals that purchase guns through private sellers are
not required to undergo background checks. This bill requires
background checks for all gun sales, including private sales, ensuring
that otherwise disqualified individuals cannot circumvent the law by
obtaining guns buying from a private seller.

Safe Storage

To prevent unauthorized possession and use of guns, this bill requires
anyone who owns a gun or who lives with someone who the owner has
reason to know is disqualified from possessing a gun under certain
provisions of federal law to secure any gun in a safe storage
depository or render it incapable of being fired by putting a safety
lock on the gun if it is to be outside the owner's direct control.

Persons with Mental Illness

This bill adds provisions to revoke or suspend licenses of individuals
with mental illness who, in the opinion of mental health professionals
would pose a danger to themselves or others should they possess guns.
The bill also extends and expands Kendra's Law to provide additional
out-patient treatment services to persons with mental illness.

New and Enhanced Criminal Penalties

The new and amended sections of the Penal Law are focused on the
methods by which gun violence is often carried out in our communities,
giving law enforcement better tools to punish and deter such conduct.
As the presence of illegal guns on our streets endangers the welfare
of entire communities, these provisions ensure appropriate penalties
for making guns available to prohibited persons, as well as putting
our children at risk by, among other dangerous and illegal activities,
possessing guns near school grounds. In addition, recognizing the
widespread violence caused by gang activity, the bill establishes
penalties for participation in gang activity resulting in the
commission of a violent crime.

The bill also contains new provisions acknowledging the danger that
our first responders face every day as they protect other New Yorkers
by establishing an enhanced penalty for knowingly causing the death of
a first responder in the course of his or her duties.

LEGISLATIVE HISTORY:

New proposal.

BUDGET IMPLICATIONS:

Any costs related to this bill will be paid out of the Division of
State Police capital budget.

EFFECTIVE DATE:



The bill will take effect immediately except where otherwise provided.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2230                                                  A. 2388

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 14, 2013
                               ___________

IN  SENATE  --  Introduced  by  Sens. KLEIN, SMITH -- (at request of the
  Governor) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Rules

IN  ASSEMBLY  --  Introduced by M. of A. SILVER, LENTOL, ORTIZ, MORELLE,
  FARRELL, WEINSTEIN, CAMARA, HOOPER, O'DONNELL, TITONE,  PAULIN,  MOYA,
  GLICK,  WRIGHT, SCHIMEL, GOTTFRIED, ROSENTHAL, KAVANAGH, STECK, WEPRIN
  --  Multi-Sponsored  by  --  M.  of  A.  ABINANTI,  BOYLAND,  BRENNAN,
  BROOK-KRASNY,  BUCHWALD,  CASTRO, COLTON, DINOWITZ, ENGLEBRIGHT, ESPI-
  NAL, FAHY, JACOBS,  JAFFEE,  KELLNER,  KIM,  LAVINE,  LIFTON,  MARKEY,
  MAYER, MILLMAN, MOSLEY, OTIS, ROSA, ROZIC -- (at request of the Gover-
  nor) -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  criminal procedure law, the correction law, the
  family court act, the executive law, the  general  business  law,  the
  judiciary  law,  the  mental hygiene law, the penal law and the surro-
  gate's court procedure act, in relation to suspension  and  revocation
  of  firearms licenses; private sale or disposal of firearms, rifles or
  shotguns and establishing a minimum age to possess a firearm; to amend
  the family court act, the domestic  relations  law  and  the  criminal
  procedure  law,  in relation to providing for the mandatory suspension
  or revocation of the firearms license of  a  person  against  whom  an
  order of protection or a temporary order of protection has been issued
  under  certain  circumstances, or upon violation of any such order; to
  amend the penal law, in relation to community guns  and  the  criminal
  sale of a firearm and in relation to the definitions of aggravated and
  first  degree murder; to amend chapter 408 of the laws of 1999 consti-
  tuting Kendra's Law, in relation to extending the expiration  thereof;
  and  to  amend  the  education  law, in relation to the New York state
  school safety improvement teams; and in relation to building  aid  for
  metal detectors and safety devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12007-03-3

S. 2230                             2                            A. 2388

  Section 1. Section 330.20 of the criminal procedure law is amended  by
adding a new subdivision 2-a to read as follows:
  2-A.  FIREARM,  RIFLE  OR  SHOTGUN  SURRENDER  ORDER.  UPON ENTRY OF A
VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL  DISEASE  OR  DEFECT,  OR
UPON  THE  ACCEPTANCE  OF  A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
DISEASE OR DEFECT, OR UPON A FINDING THAT THE DEFENDANT IS AN  INCAPACI-
TATED  PERSON  PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS CHAPTER,
THE COURT SHALL REVOKE THE DEFENDANT'S FIREARM LICENSE, IF ANY,  INQUIRE
OF  THE DEFENDANT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM, RIFLE
OR SHOTGUN OWNED OR POSSESSED BY SUCH DEFENDANT AND DIRECT THE SURRENDER
OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBPARAGRAPH (F) OF  PARA-
GRAPH  ONE  OF  SUBDIVISION  A  OF SECTION 265.20 AND SUBDIVISION SIX OF
SECTION 400.05 OF THE PENAL LAW.
  S 2. The criminal procedure law is amended by  adding  a  new  section
380.96 to read as follows:
S 380.96 OBLIGATION OF SENTENCING COURT PURSUANT TO ARTICLE FOUR HUNDRED
           OF THE PENAL LAW.
  UPON  JUDGMENT  OF  CONVICTION  OF ANY OFFENSE WHICH WOULD REQUIRE THE
SEIZURE OF FIREARMS, SHOTGUNS OR RIFLES FROM AN INDIVIDUAL SO CONVICTED,
AND THE REVOCATION OF ANY LICENSE OR  REGISTRATION  ISSUED  PURSUANT  TO
ARTICLE  FOUR  HUNDRED  OF THE PENAL LAW, THE JUDGE PRONOUNCING SENTENCE
SHALL DEMAND SURRENDER OF ANY  SUCH  LICENSE  OR  REGISTRATION  AND  ALL
FIREARMS,  SHOTGUNS AND RIFLES. THE FAILURE TO SO DEMAND SURRENDER SHALL
NOT EFFECT THE VALIDITY OF  ANY  REVOCATION  PURSUANT  TO  ARTICLE  FOUR
HUNDRED OF THE PENAL LAW.
  S  3.  Section  404  of  the correction law is amended by adding a new
subdivision 3 to read as follows:
  3. WITHIN A REASONABLE PERIOD PRIOR TO DISCHARGE OF AN INMATE  COMMIT-
TED FROM A STATE CORRECTIONAL FACILITY FROM A HOSPITAL IN THE DEPARTMENT
OF  MENTAL  HYGIENE  TO  THE COMMUNITY, THE DIRECTOR SHALL ENSURE THAT A
CLINICAL ASSESSMENT HAS BEEN COMPLETED TO DETERMINE WHETHER  THE  INMATE
MEETS  THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDI-
VISION (C) OF SECTION 9.60 OF THE MENTAL HYGIENE LAW.  IF, AS  A  RESULT
OF  SUCH  ASSESSMENT, THE DIRECTOR DETERMINES THAT THE INMATE MEETS SUCH
CRITERIA, PRIOR TO DISCHARGE THE DIRECTOR OF THE HOSPITAL  SHALL  EITHER
PETITION  FOR  A  COURT  ORDER  PURSUANT  TO  SECTION 9.60 OF THE MENTAL
HYGIENE LAW, OR REPORT IN WRITING TO THE DIRECTOR OF COMMUNITY  SERVICES
OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INMATE IS EXPECTED TO RESIDE
SO  THAT  AN  INVESTIGATION MAY BE CONDUCTED PURSUANT TO SECTION 9.47 OF
THE MENTAL HYGIENE LAW.
  S 4. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
as added by chapter 644 of the laws of 1996, paragraph (a)  of  subdivi-
sion  1 as amended by chapter 434 of the laws of 2000, the opening para-
graph of subdivision 3 as amended by chapter 597 of the  laws  of  1998,
paragraph  (a) of subdivision 3 as amended by chapter 635 of the laws of
1999, are amended to read as follows:
  1.  [Mandatory  and  permissive  suspension]  SUSPENSION  of  firearms
license  and  ineligibility  for  such  a license upon the issuance of a
temporary order of protection.  Whenever a temporary order of protection
is issued  pursuant  to  section  eight  hundred  twenty-eight  of  this
article,  OR  PURSUANT  TO ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS
ACT:
  (a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION

S. 2230                             3                            A. 2388

400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the  court  receives  information  that  gives  the  court good cause to
believe that: (i) the respondent has a prior conviction of  any  violent
felony  offense  as  defined in section 70.02 of the penal law; (ii) the
respondent has previously been found to have willfully failed to obey  a
prior  order  of  protection  and  such willful failure involved (A) the
infliction of [serious] physical injury, as defined in subdivision [ten]
NINE of section 10.00 of the penal law, (B) the use or threatened use of
a deadly weapon or dangerous instrument as those terms  are  defined  in
subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
(C) behavior constituting any  violent  felony  offense  as  defined  in
section  70.02  of  the  penal  law; or (iii) the respondent has a prior
conviction for stalking in the first degree as defined in section 120.60
of the penal law, stalking in the second degree as  defined  in  section
120.55  of  the  penal  law,  stalking in the third degree as defined in
section 120.50 of the penal law or stalking  in  the  fourth  degree  as
defined in section 120.45 of such law; and
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed  by
the  respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
  2. [Mandatory and permissive revocation] REVOCATION or  suspension  of
firearms  license and ineligibility for such a license upon the issuance
of an order of protection. Whenever an order  of  protection  is  issued
pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:
  (a)  the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the  court  finds that the conduct which resulted in the issuance of the
order of protection involved (i) the infliction  of  [serious]  physical
injury,  as  defined  in  subdivision [ten] NINE of section 10.00 of the
penal law, (ii) the use or threatened use of a deadly weapon or  danger-
ous  instrument  as  those  terms are defined in subdivisions twelve and
thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
ing any violent felony offense as defined in section 70.02 of the  penal
law; and
  (b)  the  court  [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  respondent,  order the respondent ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned  or  possessed  or
(ii)  suspend or continue to suspend any such existing license possessed
by the respondent, order the respondent ineligible for such  a  license,
and  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARA-
GRAPH ONE OF SUBDIVISION A OF SECTION  265.20  AND  SUBDIVISION  SIX  OF

S. 2230                             4                            A. 2388

SECTION  400.05  OF  THE  PENAL  LAW,  of  any  or all firearms owned or
possessed.
  3.  [Mandatory  and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding  of
a  willful  failure to obey an order of protection OR TEMPORARY ORDER OF
PROTECTION.  Whenever a respondent has been found, pursuant  to  section
eight  hundred forty-six-a of this part to have willfully failed to obey
an order of protection OR TEMPORARY ORDER OF PROTECTION issued  PURSUANT
TO THIS ACT OR THE DOMESTIC RELATIONS LAW, OR by this court or [an order
of  protection  issued]  by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction,  in  addition  to  any  other
remedies available pursuant to section eight hundred forty-six-a of this
part:
  (a)  the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the  willful  failure  to obey such order involves (i) the infliction of
[serious] physical injury, as  defined  in  subdivision  [ten]  NINE  of
section  10.00  of  the  penal  law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as  those  terms  are  defined  in
subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony  offense  as  defined  in
section  70.02  of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in  section  120.60  of  the  penal  law,
stalking  in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section  120.50  of  the
penal  law or stalking in the fourth degree as defined in section 120.45
of such law; and
  (b) the court [may] SHALL where the court  finds  a  substantial  risk
that  the  respondent  may  use  or threaten to use a firearm unlawfully
against the  person  or  persons  for  whose  protection  the  order  of
protection was issued, (i) revoke any such existing license possessed by
the  respondent,  order  the  respondent  ineligible for such a license,
whether or not the respondent possesses such a license,  and  order  the
immediate  surrender  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF
THE PENAL LAW, of any or all firearms owned or possessed or (ii) suspend
any such  existing  license  possessed  by  the  respondent,  order  the
respondent  ineligible  for  such  a  license,  and  order the immediate
surrender of any or all firearms owned or possessed.
  S 5. Section 846-a of the family court act, as amended by chapter  597
of the laws of 1998, is amended to read as follows:
  S  846-a.  Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under  this
article  or  an  order  of  protection  OR TEMPORARY ORDER OF PROTECTION
issued PURSUANT TO THIS ACT OR ISSUED by a court of competent  jurisdic-
tion of another state, territorial or tribal jurisdiction [in a proceed-
ing]  and  if,  after hearing, the court is satisfied by competent proof
that the respondent has willfully failed to obey  any  such  order,  the
court  may  modify an existing order OR TEMPORARY ORDER OF PROTECTION to
add  reasonable  conditions  of  behavior  to  the  existing  order  [of
protection],  make  a new order of protection in accordance with section
eight hundred forty-two OF THIS PART, may order the forfeiture  of  bail
in  a  manner consistent with article five hundred forty of the criminal

S. 2230                             5                            A. 2388

procedure law if bail has been ordered pursuant to this act,  may  order
the  respondent to pay the petitioner's reasonable and necessary counsel
fees in connection with the violation petition  where  the  court  finds
that the violation of its order was willful, and may commit the respond-
ent to jail for a term not to exceed six months.  Such commitment may be
served  upon  certain  specified  days or parts of days as the court may
direct, and the court may, at any time within the term of such sentence,
revoke such suspension and commit the respondent for  the  remainder  of
the original sentence, or suspend the remainder of such sentence. If the
court  determines  that  the willful failure to obey such order involves
violent behavior constituting the crimes of menacing, reckless endanger-
ment, assault or attempted assault and if such a respondent is  licensed
to  carry,  possess,  repair and dispose of firearms pursuant to section
400.00 of the penal law, the court  may  also  immediately  revoke  such
license and may arrange for the immediate surrender PURSUANT TO SUBPARA-
GRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDI-
VISION  SIX  OF  SECTION  400.05  OF  THE PENAL LAW, and disposal of any
firearm such respondent owns or possesses.   If the willful  failure  to
obey  such order involves the infliction of [serious] physical injury as
defined in subdivision [ten] NINE of section 10.00 of the penal  law  or
the use or threatened use of a deadly weapon or dangerous instrument, as
those  terms  are defined in subdivisions twelve and thirteen of section
10.00 of the penal law, such revocation and immediate surrender PURSUANT
TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION  265.20
AND  SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW SIX and disposal
of any firearm owned or possessed  by  respondent  shall  be  mandatory,
pursuant to subdivision eleven of section 400.00 of the penal law.
  S  6. The family court act is amended by adding a new section 446-a to
read as follows:
  S 446-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION  OF  A
LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
  S  7.  The  family court act is amended by adding a new section 552 to
read as follows:
  S 552. FIREARMS; SURRENDER  AND  LICENSE  SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
MAKE  A  DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  OR  FIREARMS,
INELIGIBILITY  FOR  SUCH  A  LICENSE  AND  THE  SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
  S 8.  The family court act is amended by adding a new section 656-a to
read as follows:
  S 656-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
MAKE  A  DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  OR  FIREARMS,
INELIGIBILITY  FOR  SUCH  A  LICENSE  AND  THE  SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
  S 9. The family court act is amended by adding a new section 780-a  to
read as follows:

S. 2230                             6                            A. 2388

  S  780-A.  FIREARMS;  SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR  TEMPORARY
ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION  OF  A
LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
  S  10.  The family court act is amended by adding a new section 1056-a
to read as follows:
  S 1056-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
MAKE  AN  ORDER  IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF
THIS ACT.
  S 11. The first undesignated and closing paragraphs of  subdivision  3
of section 240 of the domestic relations law, as added by chapter 606 of
the laws of 1999, are amended to read as follows:
  G.  Any  party  moving for a temporary order of protection pursuant to
this subdivision during hours when the court is open shall  be  entitled
to  file  such  motion  or pleading containing such prayer for emergency
relief on the same day that such person first appears at such court, and
a hearing on the motion or portion of the pleading requesting such emer-
gency relief shall be held on the same day or  the  next  day  that  the
court is in session following the filing of such motion or pleading.
  H.  Upon  issuance  of  an  order  of protection or temporary order of
protection or upon a violation of such order, the court [may] SHALL make
[an order] A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF  A
LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  in
accordance  with  [section] SECTIONS eight hundred forty-two-a AND EIGHT
HUNDRED FORTY-SIX-A of the family court act [directing the surrender  of
firearms,  revoking  or  suspending  a  party's firearms license, and/or
directing that such party be ineligible to receive a firearms  license],
AS  APPLICABLE. Upon issuance of an order of protection pursuant to this
section or upon a finding of a violation thereof,  the  court  also  may
direct  payment  of  restitution in an amount not to exceed ten thousand
dollars in accordance with subdivision  (e)  of  section  eight  hundred
forty-one of such act; provided, however, that in no case shall an order
of  restitution  be  issued  where  the  court determines that the party
against whom the order would  be  issued  has  already  compensated  the
injured  party  or  where  such  compensation is incorporated in a final
judgment or settlement of the action.
  S 12. Subdivision 9 of section 252 of the domestic relations  law,  as
added by chapter 606 of the laws of 1999, is amended to read as follows:
  9.  Upon  issuance  of  an  order  of protection or temporary order of
protection or upon a violation of such order, the  court  [may  take  an
order]  SHALL  MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCA-
TION OF A LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A  FIREARM  OR
FIREARMS, INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS
in  accordance  with  [section]  SECTIONS  eight hundred forty-two-a AND
EIGHT HUNDRED FORTY-SIX-A of the family court act [directing the surren-
der of firearms, revoking or  suspending  a  party's  firearms  license,
and/or  directing  that  such  party be ineligible to receive a firearms
license], AS APPLICABLE. Upon issuance of an order of protection  pursu-
ant  to this section or upon a finding of a violation thereof, the court
also may direct payment of restitution in an amount not  to  exceed  ten

S. 2230                             7                            A. 2388

thousand  dollars  in  accordance  with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case  shall
an  order  of  restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured  party  or  where  such  compensation is incorporated in a final
[judgement] JUDGMENT or settlement of the action.
  S 13. The opening paragraph and paragraph  (b)  of  subdivision  1  of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
  [Mandatory  and  permissive suspension] SUSPENSION of firearms license
and ineligibility for such a license upon issuance of temporary order of
protection.  Whenever a temporary order of protection is issued pursuant
to subdivision one of section  530.12  or  subdivision  one  of  section
530.13 of this article:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed  by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
  S 14. The opening paragraph and paragraph  (b)  of  subdivision  2  of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
  [Mandatory  and  permissive  revocation]  REVOCATION  or suspension of
firearms license and ineligibility for such a license upon  issuance  of
an order of protection. Whenever an order of protection is issued pursu-
ant to subdivision five of section 530.12 or subdivision four of section
530.13 of this article:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the defendant, order the defendant ineligible  for  such  a
license  and  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F)
OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX
OF  SECTION  400.05  OF  THE  PENAL LAW, of any or all firearms owned or
possessed.
  S 15. The opening paragraph and paragraph  (b)  of  subdivision  3  of
section  530.14  of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:
  [Mandatory and permissive  revocation]  REVOCATION  or  suspension  of
firearms  license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection. Whenever  a  defendant
has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
subdivision eight of section 530.13 of this article  to  have  willfully
failed  to  obey  an  order of protection issued by a court of competent
jurisdiction in this state  or  another  state,  territorial  or  tribal
jurisdiction,  in  addition  to any other remedies available pursuant to
subdivision eleven of section 530.12 or  subdivision  eight  of  section
530.13 of this article:

S. 2230                             8                            A. 2388

  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection was issued, (i) revoke any such existing license possessed by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned  or  possessed  or
(ii) suspend any such existing license possessed by the defendant, order
the  defendant  ineligible  for  such  a license and order the immediate
surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION  400.05  OF  THE  PENAL
LAW, of any or all firearms owned or possessed.
  S  16.  Section  837  of  the executive law is amended by adding a new
subdivision 19 to read as follows:
  19. RECEIVE  NAMES  AND  OTHER  NON-CLINICAL  IDENTIFYING  INFORMATION
PURSUANT  TO  SECTION 9.46 OF THE MENTAL HYGIENE LAW; PROVIDED, HOWEVER,
ANY SUCH INFORMATION SHALL BE DESTROYED FIVE YEARS AFTER  SUCH  RECEIPT,
OR  PURSUANT  TO A PROCEEDING BROUGHT UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES DETERMINING THAT AN INDIVIDUAL IS  ELIGIBLE
FOR  A LICENSE PURSUANT TO SECTION 400.00 OF THE PENAL LAW AND OTHERWISE
PERMITTED TO POSSESS A FIREARM.
  S 17. The general business law is amended  by  adding  a  new  article
39-DDD to read as follows:
                             ARTICLE 39-DDD
        PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
SECTION 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.
  S  898.  PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS. 1.
IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO STATE AND FEDERAL LAW,
ALL SALES, EXCHANGES OR DISPOSALS OF FIREARMS, RIFLES OR SHOTGUNS  SHALL
BE  CONDUCTED IN ACCORDANCE WITH THIS SECTION UNLESS SUCH SALE, EXCHANGE
OR DISPOSAL IS CONDUCTED BY A LICENSED IMPORTER,  LICENSED  MANUFACTURER
OR  LICENSED  DEALER,  AS  THOSE TERMS ARE DEFINED IN 18 USC S 922, WHEN
SUCH SALE, EXCHANGE OR DISPOSAL IS CONDUCTED PURSUANT TO  THAT  PERSON'S
FEDERAL  FIREARMS  LICENSE OR SUCH SALE, EXCHANGE OR DISPOSAL IS BETWEEN
MEMBERS OF AN IMMEDIATE FAMILY. FOR PURPOSES OF THIS SECTION, "IMMEDIATE
FAMILY" SHALL MEAN SPOUSES, DOMESTIC PARTNERS, CHILDREN  AND  STEP-CHIL-
DREN.
  2.  BEFORE  ANY SALE, EXCHANGE OR DISPOSAL PURSUANT TO THIS ARTICLE, A
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK MUST BE COMPLETED BY A DEALER
WHO CONSENTS TO CONDUCT SUCH CHECK, AND UPON COMPLETION  OF  SUCH  BACK-
GROUND  CHECK,  SHALL  COMPLETE  A  DOCUMENT, THE FORM OF WHICH SHALL BE
APPROVED BY THE SUPERINTENDENT OF  STATE  POLICE,  THAT  IDENTIFIES  AND
CONFIRMS THAT SUCH CHECK WAS PERFORMED.
  3.  ALL DEALERS SHALL MAINTAIN A RECORD OF SUCH TRANSACTIONS CONDUCTED
PURSUANT TO THIS SECTION AND SUCH RECORD  SHALL  BE  MAINTAINED  ON  THE
PREMISES MENTIONED AND DESCRIBED IN THE LICENSE AND SHALL BE OPEN AT ALL
REASONABLE HOURS FOR INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO
HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER.
  4.  A  DEALER MAY REQUIRE THAT ANY SALE OR TRANSFER CONDUCTED PURSUANT
TO THIS SECTION BE SUBJECT TO A FEE OF NOT TO  EXCEED  TEN  DOLLARS  PER
TRANSACTION.
  5.  ANY  RECORD PRODUCED PURSUANT TO THIS SECTION AND ANY TRANSMISSION
THEREOF TO ANY GOVERNMENT AGENCY SHALL NOT BE CONSIDERED A PUBLIC RECORD
FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.

S. 2230                             9                            A. 2388

  6. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS  OF  THIS  ARTICLE
SHALL  BE  GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN
THE PENAL LAW.
  S  18.  Paragraph (q) of subdivision 2 of section 212 of the judiciary
law, as added by chapter 491 of the laws of 2008, is amended to read  as
follows:
  (q)  Adopt  rules  to  require  transmission,  to the criminal justice
information services division of the federal bureau of investigation  or
to  the  division  of  criminal  justice services, of the name and other
identifying information of each person who has a guardian appointed  for
him  or  her pursuant to any provision of state law, based on a determi-
nation that  as  a  result  of  marked  subnormal  intelligence,  mental
illness,  incapacity,  condition  or disease, he or she lacks the mental
capacity to contract or manage his or her own affairs.  ANY SUCH RECORDS
TRANSMITTED DIRECTLY TO THE FEDERAL BUREAU OF INVESTIGATION MUST ALSO BE
TRANSMITTED TO THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  AND  ANY
RECORDS  RECEIVED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT
TO THIS PARAGRAPH MAY BE  CHECKED  AGAINST  THE  STATEWIDE  LICENSE  AND
RECORD DATABASE.
  S  19.  Subdivision  (j) of section 7.09 of the mental hygiene law, as
added by chapter 491 of the laws of 2008, is amended to read as follows:
  (j) (1) The commissioner, in cooperation with other  applicable  state
agencies,  shall  [be  authorized  to] collect, retain or modify data or
records, [or to] AND SHALL transmit such data or  records:  (I)  to  the
division of criminal justice services, or to the criminal justice infor-
mation services division of the federal bureau of investigation, for the
purposes of responding to queries to the national instant criminal back-
ground  check  system  regarding  attempts to purchase or otherwise take
possession of firearms, as defined in 18 USC  921(a)(3),  in  accordance
with  applicable federal laws or regulations, OR (II) TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES, WHICH MAY RE-DISCLOSE SUCH DATA  AND  RECORDS
ONLY FOR DETERMINING WHETHER A LICENSE ISSUED PURSUANT TO SECTION 400.00
OF  THE PENAL LAW SHOULD BE DENIED, SUSPENDED OR REVOKED, UNDER SUBDIVI-
SION ELEVEN OF SUCH SECTION, OR FOR DETERMINING WHETHER A PERSON  IS  NO
LONGER  PERMITTED UNDER FEDERAL OR STATE LAW TO POSSESS A FIREARM.  Such
records, WHICH MAY NOT BE USED FOR ANY OTHER PURPOSE, shall include only
names and other non-clinical identifying information of persons who have
been involuntarily committed to a hospital pursuant to article  nine  of
this  chapter, OR SECTION FOUR HUNDRED TWO OR SUBDIVISION TWO OF SECTION
FIVE HUNDRED EIGHT OF THE CORRECTION LAW, or article seven hundred thir-
ty or section 330.20 of the criminal procedure law or sections 322.2  or
353.4  of the family court act, or to a secure treatment facility pursu-
ant to article ten of this chapter.
  (2) The commissioner shall  establish  within  the  office  of  mental
health  an administrative process to permit a person who has been or may
be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
922(4)(d) OR WHO HAS BEEN OR MAY BE DISQUALIFIED FROM CONTINUING TO HAVE
A  LICENSE  TO  CARRY,  POSSESS,  REPAIR,  OR DISPOSE OF A FIREARM UNDER
SECTION 400.00 OF THE PENAL LAW BECAUSE SUCH  PERSON  WAS  INVOLUNTARILY
COMMITTED  OR  CIVILLY  CONFINED TO A FACILITY UNDER THE JURISDICTION OF
THE COMMISSIONER, to petition for relief from that disability where such
person's record and reputation are such that such  person  will  not  be
likely  to  act  in  a  manner  dangerous to public safety and where the
granting of the relief would not  be  contrary  to  public  safety.  The
commissioner  shall  promulgate regulations to establish the relief from
disabilities program, which  shall  include,  but  not  be  limited  to,

S. 2230                            10                            A. 2388

provisions  providing  for: (i) an opportunity for a disqualified person
to petition for relief in writing; (ii) the authority for the agency  to
require  that  the  petitioner  undergo  a  clinical evaluation and risk
assessment;  and (iii) a requirement that the agency issue a decision in
writing explaining the reasons for a denial  or  grant  of  relief.  The
denial  of  a  petition  for relief from disabilities may be reviewed de
novo pursuant to the proceedings  under  article  seventy-eight  of  the
civil practice law and rules.
  S  20.  The mental hygiene law is amended by adding a new section 9.46
to read as follows:
S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM  BY  MENTAL  HEALTH
          PROFESSIONALS.
  (A)  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "MENTAL HEALTH PROFES-
SIONAL" SHALL INCLUDE A PHYSICIAN,  PSYCHOLOGIST,  REGISTERED  NURSE  OR
LICENSED CLINICAL SOCIAL WORKER.
  (B)  NOTWITHSTANDING  ANY  OTHER  LAW  TO  THE CONTRARY, WHEN A MENTAL
HEALTH PROFESSIONAL CURRENTLY PROVIDING TREATMENT SERVICES TO  A  PERSON
DETERMINES,  IN  THE  EXERCISE OF REASONABLE PROFESSIONAL JUDGMENT, THAT
SUCH PERSON IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN  SERIOUS
HARM  TO  SELF OR OTHERS, HE OR SHE SHALL BE REQUIRED TO REPORT, AS SOON
AS PRACTICABLE, TO THE DIRECTOR OF COMMUNITY SERVICES, OR THE DIRECTOR'S
DESIGNEE, WHO SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE  SERVICES
WHENEVER  HE  OR  SHE AGREES THAT THE PERSON IS LIKELY TO ENGAGE IN SUCH
CONDUCT.  INFORMATION TRANSMITTED TO THE DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL  BE  LIMITED TO NAMES AND OTHER NON-CLINICAL IDENTIFYING
INFORMATION, WHICH MAY ONLY BE USED FOR DETERMINING  WHETHER  A  LICENSE
ISSUED  PURSUANT  TO SECTION 400.00 OF THE PENAL LAW SHOULD BE SUSPENDED
OR REVOKED, OR FOR DETERMINING WHETHER A  PERSON  IS  INELIGIBLE  FOR  A
LICENSE  ISSUED  PURSUANT  TO  SECTION 400.00 OF THE PENAL LAW, OR IS NO
LONGER PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM.
  (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  REQUIRE  A  MENTAL
HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON-
ABLE  PROFESSIONAL  JUDGMENT,  WOULD ENDANGER SUCH MENTAL HEALTH PROFES-
SIONAL OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
  (D) THE DECISION OF A MENTAL HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO
DISCLOSE IN ACCORDANCE WITH THIS SECTION, WHEN MADE  REASONABLY  AND  IN
GOOD  FAITH,  SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
OF SUCH MENTAL HEALTH PROFESSIONAL.
  S 21. Paragraph 5 of subdivision (b) of section  9.47  of  the  mental
hygiene law is renumbered paragraph 7 and two new paragraphs 5 and 6 are
added to read as follows:
  (5)  ENSURING  EVALUATION  OF THE NEED FOR ONGOING ASSISTED OUTPATIENT
TREATMENT PURSUANT TO SUBDIVISION (K) OF SECTION 9.60  OF  THIS  ARTICLE
PRIOR TO THE EXPIRATION OF ANY ASSISTED OUTPATIENT TREATMENT ORDER;
  (6)  IF  HE  OR  SHE  HAS  BEEN  ORDERED TO PROVIDE FOR OR ARRANGE FOR
ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH FIVE OF  SUBDIVISION
(J)  OF  SECTION 9.60 OF THIS ARTICLE OR BECAME THE APPROPRIATE DIRECTOR
PURSUANT TO THIS PARAGRAPH OR SUBDIVISION (C) OF SECTION  9.48  OF  THIS
ARTICLE,  NOTIFYING THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY
OF RESIDENCE WHEN HE OR SHE HAS  REASON  TO  BELIEVE  THAT  AN  ASSISTED
OUTPATIENT  HAS OR WILL CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE
PENDENCY OF AN ASSISTED OUTPATIENT TREATMENT ORDER.  UPON SUCH CHANGE OF
RESIDENCE, THE DIRECTOR OF THE NEW COUNTY OF RESIDENCE SHALL BECOME  THE
APPROPRIATE  DIRECTOR,  AS  SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS
ARTICLE; AND

S. 2230                            11                            A. 2388

  S 22. Section 9.48 of the mental hygiene law is amended  by  adding  a
new subdivision (c) to read as follows:
  (C)  DIRECTORS  OF  ASSISTED  OUTPATIENT  TREATMENT PROGRAMS PROVIDING
SERVICES DESCRIBED IN PARAGRAPH ONE OF SUBDIVISION (A) OF  SECTION  9.60
OF  THIS  ARTICLE  PURSUANT TO ANY COURT ORDER ISSUED UNDER SUCH SECTION
SHALL EVALUATE THE NEED FOR ONGOING ASSISTED OUTPATIENT TREATMENT PURSU-
ANT TO SUBDIVISION (K) OF SECTION 9.60 OF  THIS  ARTICLE  PRIOR  TO  THE
EXPIRATION  OF ANY ASSISTED OUTPATIENT TREATMENT ORDER; AND SHALL NOTIFY
THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY OF  RESIDENCE  WHEN
HE  OR SHE HAS REASON TO BELIEVE THAT AN ASSISTED OUTPATIENT HAS OR WILL
CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE PENDENCY OF AN ASSISTED
OUTPATIENT TREATMENT ORDER.  UPON SUCH CHANGE OF RESIDENCE, THE DIRECTOR
OF THE NEW COUNTY OF RESIDENCE SHALL BECOME THE APPROPRIATE DIRECTOR, AS
SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS ARTICLE.
  S 23. Paragraph 3 of subdivision (a), paragraphs 2 and 5  of  subdivi-
sion  (j)  and  subdivisions  (k)  and (n) of section 9.60 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005, are  amended
to read as follows:
  (3)  "director  of  community  services" and "local governmental unit"
shall have the same meanings as provided in article  forty-one  of  this
chapter.  THE "APPROPRIATE DIRECTOR" SHALL MEAN THE DIRECTOR OF COMMUNI-
TY SERVICES OF THE COUNTY WHERE THE ASSISTED OUTPATIENT RESIDES, EVEN IF
IT  IS  A DIFFERENT COUNTY THAN THE COUNTY WHERE THE ASSISTED OUTPATIENT
TREATMENT ORDER WAS ORIGINALLY ISSUED.
  (2) If after hearing all relevant evidence, the court finds  by  clear
and  convincing  evidence  that  the  subject  of the petition meets the
criteria for assisted outpatient treatment, and there is no  appropriate
and  feasible  less  restrictive  alternative,  the  court may order the
subject to receive assisted outpatient treatment for an  initial  period
not to exceed [six months] ONE YEAR.  In fashioning the order, the court
shall  specifically  make findings by clear and convincing evidence that
the proposed treatment is the least  restrictive  treatment  appropriate
and  feasible  for the subject. The order shall state an assisted outpa-
tient treatment plan, which shall include  all  categories  of  assisted
outpatient  treatment,  as set forth in paragraph one of subdivision (a)
of this section, which the assisted outpatient is to receive, but  shall
not  include any such category that has not been recommended in both the
proposed written treatment plan and the testimony provided to the  court
pursuant to subdivision (i) of this section.
  (5)  If  the petitioner is the director of a hospital that operates an
assisted outpatient treatment program, the court order shall direct  the
hospital  director  to provide or arrange for all categories of assisted
outpatient treatment for the assisted outpatient throughout  the  period
of  the order. [For all other persons] IN ALL OTHER INSTANCES, the order
shall require the APPROPRIATE director [of  community  services  of  the
appropriate  local  governmental  unit], AS THAT TERM IS DEFINED IN THIS
SECTION, to provide or arrange for all categories of assisted outpatient
treatment for the assisted  outpatient  throughout  the  period  of  the
order.
  (k)  Petition  for  additional  periods of treatment. (1) PRIOR TO THE
EXPIRATION OF AN ORDER PURSUANT TO THIS SECTION, THE APPROPRIATE  DIREC-
TOR  SHALL  REVIEW WHETHER THE ASSISTED OUTPATIENT CONTINUES TO MEET THE
CRITERIA FOR ASSISTED OUTPATIENT TREATMENT. IF,  AS  DOCUMENTED  IN  THE
PETITION,  THE DIRECTOR DETERMINES THAT SUCH CRITERIA CONTINUE TO BE MET
OR HAS MADE APPROPRIATE ATTEMPTS TO, BUT  HAS  NOT  BEEN  SUCCESSFUL  IN
ELICITING,  THE  COOPERATION OF THE SUBJECT TO SUBMIT TO AN EXAMINATION,

S. 2230                            12                            A. 2388

WITHIN THIRTY DAYS PRIOR TO THE  EXPIRATION  OF  AN  ORDER  OF  ASSISTED
OUTPATIENT  TREATMENT,  SUCH  DIRECTOR  MAY  PETITION THE COURT TO ORDER
CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT  TO  PARAGRAPH  TWO  OF
THIS  SUBDIVISION. UPON DETERMINING WHETHER SUCH CRITERIA CONTINUE TO BE
MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINATOR IN WRITING AS TO
WHETHER A  PETITION  FOR  CONTINUED  ASSISTED  OUTPATIENT  TREATMENT  IS
WARRANTED AND WHETHER SUCH A PETITION WAS OR WILL BE FILED.
  (2) Within thirty days prior to the expiration of an order of assisted
outpatient  treatment, the appropriate director or the current petition-
er, if the current petition was filed pursuant to  subparagraph  (i)  or
(ii)  of  paragraph  one  of  subdivision  (e)  of this section, and the
current petitioner retains his or her original status  pursuant  to  the
applicable  subparagraph,  may  petition  the  court  to order continued
assisted outpatient treatment for a period not to exceed one  year  from
the  expiration date of the current order. If the court's disposition of
such petition does not occur prior to the expiration date of the current
order, the current order shall remain in effect until such  disposition.
The  procedures  for  obtaining  any  order pursuant to this subdivision
shall be in accordance with the provisions of the foregoing subdivisions
of this section; provided that the time restrictions included  in  para-
graph  four  of subdivision (c) of this section shall not be applicable.
The notice provisions set forth in paragraph six of subdivision  (j)  of
this  section  shall be applicable.   Any court order requiring periodic
blood tests or urinalysis for the presence of alcohol or  illegal  drugs
shall  be subject to review after six months by the physician who devel-
oped the written treatment plan or another physician designated  by  the
director, and such physician shall be authorized to terminate such blood
tests or urinalysis without further action by the court.
  (n) Failure to comply with assisted outpatient treatment. Where in the
clinical  judgment  of  a  physician,  (i)  the assisted outpatient, has
failed or refused to comply with the assisted outpatient treatment, (ii)
efforts were made to solicit compliance, and (iii) such assisted  outpa-
tient  may be in need of involuntary admission to a hospital pursuant to
section 9.27 of this article or immediate observation, care  and  treat-
ment  pursuant  to  section 9.39 or 9.40 of this article, such physician
may request the APPROPRIATE director of community services,  the  direc-
tor's designee, or any physician designated by the director of community
services pursuant to section 9.37 of this article, to direct the removal
of  such  assisted outpatient to an appropriate hospital for an examina-
tion to determine if such person has a mental illness for  which  hospi-
talization  is  necessary pursuant to section 9.27, 9.39 or 9.40 of this
article. Furthermore, if such assisted outpatient refuses to take  medi-
cations as required by the court order, or he or she refuses to take, or
fails  a  blood test, urinalysis, or alcohol or drug test as required by
the court order, such physician may consider  such  refusal  or  failure
when  determining whether the assisted outpatient is in need of an exam-
ination to determine whether he or she has a mental  illness  for  which
hospitalization  is  necessary.  Upon the request of such physician, the
APPROPRIATE director, the director's designee, or any  physician  desig-
nated  pursuant  to section 9.37 of this article, may direct peace offi-
cers, acting pursuant to their special duties, or  police  officers  who
are  members  of  an authorized police department or force or of a sher-
iff's department to take the assisted outpatient into custody and trans-
port him or her to the hospital operating the assisted outpatient treat-
ment program or to any hospital authorized by the director of  community
services  to  receive such persons. Such law enforcement officials shall

S. 2230                            13                            A. 2388

carry out such directive. Upon the request of such physician, the APPRO-
PRIATE director, the director's designee, or  any  physician  designated
pursuant  to  section  9.37  of  this  article, an ambulance service, as
defined  by  subdivision two of section three thousand one of the public
health law, or an approved mobile crisis outreach  team  as  defined  in
section  9.58  of  this article shall be authorized to take into custody
and transport any such person to the  hospital  operating  the  assisted
outpatient treatment program, or to any other hospital authorized by the
APPROPRIATE  director of community services to receive such persons. Any
director of community services, or  designee,  shall  be  authorized  to
direct  the  removal  of an assisted outpatient who is present in his or
her county to an appropriate hospital, in accordance with the provisions
of this subdivision, based  upon  a  determination  of  the  appropriate
director  of  community  services directing the removal of such assisted
outpatient pursuant to this subdivision. Such person may be retained for
observation, care and treatment and further examination in the  hospital
for  up  to seventy-two hours to permit a physician to determine whether
such person has a mental illness and is in need of involuntary care  and
treatment  in a hospital pursuant to the provisions of this article. Any
continued involuntary retention in  such  hospital  beyond  the  initial
seventy-two  hour  period  shall be in accordance with the provisions of
this article relating to the involuntary admission and  retention  of  a
person.  If at any time during the seventy-two hour period the person is
determined  not  to  meet  the  involuntary  admission   and   retention
provisions  of  this article, and does not agree to stay in the hospital
as a voluntary or informal patient, he or she must be released.  Failure
to  comply  with  an order of assisted outpatient treatment shall not be
grounds for involuntary civil commitment or a  finding  of  contempt  of
court.
  S  24.  Subdivision (g) of section 13.09 of the mental hygiene law, as
amended by chapter 168 of the laws  of  2010,  is  amended  to  read  as
follows:
  (g)  (1)  The commissioner, in cooperation with other applicable state
agencies, shall [be authorized to] collect, retain  or  modify  data  or
records,  [or  to]  AND  SHALL transmit such data or records to: (I) the
division of criminal justice services, or to the criminal justice infor-
mation services division of the federal bureau of investigation, for the
purposes of responding to queries to the national instant criminal back-
ground check system regarding attempts to  purchase  or  otherwise  take
possession  of  firearms,  as defined in 18 USC 921(a)(3), in accordance
with applicable federal laws or regulations, OR (II) TO THE DIVISION  OF
CRIMINAL  JUSTICE  SERVICES,  FOR  THE PURPOSES OF DETERMINING WHETHER A
LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  SHOULD  BE
DENIED,  SUSPENDED OR REVOKED, UNDER SUBDIVISION ELEVEN OF SUCH SECTION,
OR FOR DETERMINING WHETHER A PERSON IS NO LONGER PERMITTED UNDER FEDERAL
OR STATE LAW TO POSSESS A FIREARM.   Such  records  shall  include  only
names and other non-clinical identifying information of persons who have
had  a  guardian  appointed  for them pursuant to any provision of state
law, based on a determination that  as  a  result  of  marked  subnormal
intelligence,  mental  illness,  incapacity,  condition or disease, they
lack the mental capacity to contract or manage their  own  affairs,  and
persons  who have been involuntarily committed to a facility pursuant to
article fifteen of this chapter, or  article  seven  hundred  thirty  or
section  330.20 of the criminal procedure law or sections 322.2 or 353.4
of the family court act.

S. 2230                            14                            A. 2388

  (2) The commissioner shall establish within the office for people with
developmental disabilities an administrative process to permit a  person
who  has  been  or  may  be  disqualified from possessing such a firearm
pursuant to 18 USC 922(4)(d), OR WHO HAS BEEN  OR  MAY  BE  DISQUALIFIED
FROM  CONTINUING TO HAVE A LICENSE TO CARRY, POSSESS, REPAIR, OR DISPOSE
OF A FIREARM UNDER SECTION 400.00 OF THE PENAL LAW BECAUSE  SUCH  PERSON
WAS  INVOLUNTARILY COMMITTED OR CIVILLY CONFINED TO A FACILITY UNDER THE
JURISDICTION OF THE COMMISSIONER, to petition for relief from that disa-
bility where such person's record and  reputation  are  such  that  such
person  will not be likely to act in a manner dangerous to public safety
and where the granting of the relief would not  be  contrary  to  public
safety.  The  commissioner shall promulgate regulations to establish the
relief from disabilities program, which shall include, but not be limit-
ed to, provisions providing for: (i) an opportunity for  a  disqualified
person  to  petition  for  relief in writing; (ii) the authority for the
agency to require that the petitioner undergo a clinical evaluation  and
risk  assessment;  and (iii) a requirement that the agency issue a deci-
sion in writing explaining the reasons for a denial or grant of  relief.
The denial of a petition for relief from disabilities may be reviewed de
novo  pursuant  to  the  proceedings  under article seventy-eight of the
civil practice law and rules.
  S 25. Paragraph 12 of subdivision (c) of section 33.13 of  the  mental
hygiene  law,  as amended by chapter 158 of the laws of 2005, is amended
and a new paragraph 15 is added to read as follows:
  12. to a director of community services as defined in article nine  of
this  chapter or his OR HER designee, provided that such director or his
or her designee (I) requests such information in the exercise of his  or
her  statutory  functions,  powers  and duties pursuant to section 9.37,
9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter; OR (II) THE  DISCLOSURE
OF INFORMATION IS REQUIRED PURSUANT TO SECTION 9.46 OF THIS CHAPTER.
  15.  TO  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES, NAMES AND OTHER
NON-CLINICAL IDENTIFYING INFORMATION FOR THE SOLE PURPOSE OF  IMPLEMENT-
ING THE DIVISION'S RESPONSIBILITIES AND DUTIES UNDER SECTIONS 400.00 AND
400.02 OF THE PENAL LAW.
  S 26. Section 10.00 of the penal law is amended by adding a new subdi-
vision 21 to read as follows:
  21.  "DRUG  TRAFFICKING  FELONY"  MEANS  ANY OF THE FOLLOWING OFFENSES
DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER: VIOLATION OF  USE
OF  A  CHILD  TO  COMMIT  A  CONTROLLED  SUBSTANCE OFFENSE AS DEFINED IN
SECTION 220.28; CRIMINAL SALE OF A CONTROLLED SUBSTANCE  IN  THE  FOURTH
DEGREE  AS  DEFINED  IN  SECTION  220.34;  CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE THIRD DEGREE AS DEFINED  IN  SECTION  220.39;  CRIMINAL
SALE  OF  A  CONTROLLED  SUBSTANCE  IN  THE  SECOND DEGREE AS DEFINED IN
SECTION 220.41; CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN  THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  220.43;  CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN OR NEAR SCHOOL GROUNDS AS DEFINED IN SECTION 220.44; UNLAW-
FUL MANUFACTURE OF METHAMPHETAMINE IN THE SECOND DEGREE  AS  DEFINED  IN
SECTION  220.74;  UNLAWFUL  MANUFACTURE  OF METHAMPHETAMINE IN THE FIRST
DEGREE AS DEFINED IN SECTION 220.75; OR OPERATING AS A MAJOR  TRAFFICKER
AS DEFINED IN SECTION 220.77.
  S  26-a.  The  penal law is amended by adding a new section 60.11-a to
read as follows:
S 60.11-A AUTHORIZED DISPOSITIONS;  CERTAIN  CRIMINAL  POSSESSION  OF  A
             WEAPON IN THE THIRD DEGREE OFFENDERS.
  WHEN A PERSON IS TO BE SENTENCED UPON CONVICTION OF THE CRIME OF CRIM-
INAL  POSSESSION  OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN SUBDIVI-

S. 2230                            15                            A. 2388

SION TEN OF SECTION 265.02 OF THIS CHAPTER, THE COURT MUST SENTENCE SUCH
DEFENDANT TO A DETERMINATE SENTENCE AS PROVIDED IN SUBPARAGRAPH (II)  OF
PARAGRAPH  (C)  OF  SUBDIVISION  THREE OF SECTION 70.02 OF THIS CHAPTER,
UNLESS  A  GREATER  MINIMUM  SENTENCE  IS  OTHERWISE REQUIRED BY ANOTHER
PROVISION OF THIS CHAPTER.
  S 27. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
penal  law,  paragraph (b) as amended by chapter 148 of the laws of 2011
and paragraph (c) as amended by chapter 405 of the  laws  of  2010,  are
amended to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  possession  of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, AGGRAVATED CRIMINAL POSSESSION OF A
WEAPON AS DEFINED IN SECTION 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision  five,  six,  seven  [or],
eight,  NINE OR TEN of section 265.02, criminal sale of a firearm in the
third degree as defined in section  265.11,  intimidating  a  victim  or
witness in the second degree as defined in section 215.16, soliciting or
providing  support  for  an  act  of  terrorism  in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in  the  first  degree  as
defined  in  section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a  false  bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility  or  enclosed  shopping  mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.

S. 2230                            16                            A. 2388

  S 28. The opening paragraph of  paragraph  (c)  of  subdivision  2  of
section 70.02 of the penal law, as amended by chapter 764 of the laws of
2005, is amended to read as follows:
  Except  as  provided in subdivision six of section 60.05, the sentence
imposed upon a person who stands convicted of the class D violent felony
offenses of criminal possession of a  weapon  in  the  third  degree  as
defined  in  subdivision  [four,]  five,  seven  [or],  eight OR NINE of
section 265.02, criminal sale of  a  firearm  in  the  third  degree  as
defined  in  section 265.11 or the class E violent felonies of attempted
criminal possession of a weapon in the third degree as defined in subdi-
vision [four,] five, seven [or], eight OR NINE of section 265.02 must be
a sentence to a determinate period of imprisonment, or, in the  alterna-
tive,  a  definite sentence of imprisonment for a period of no less than
one year, except that:
  S 29. Paragraph (b) of subdivision 3 of section  70.02  of  the  penal
law,  as  amended by chapter 765 of the laws of 2005, is amended to read
as follows:
  (b) For a class C felony, the term must be at least three and one-half
years and must not exceed fifteen years,  provided,  however,  that  the
term  must be: (i) at least seven years and must not exceed twenty years
where the sentence is for the crime of aggravated  manslaughter  in  the
second  degree  as  defined  in  section 125.21 of this chapter; (ii) at
least seven years and must not exceed twenty years where the sentence is
for the crime of attempted aggravated assault upon a police  officer  or
peace  officer as defined in section 120.11 of this chapter; [and] (iii)
at least three and one-half years and must not exceed twenty years where
the sentence is for the crime of aggravated criminally  negligent  homi-
cide  as  defined  in  section 125.11 of this chapter; AND (IV) AT LEAST
FIVE YEARS AND MUST NOT EXCEED  FIFTEEN  YEARS  WHERE  THE  SENTENCE  IS
IMPOSED  FOR  THE CRIME OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS
DEFINED IN SECTION 265.19 OF THIS CHAPTER;
  S 30. Paragraph (c) of subdivision 3 of section  70.02  of  the  penal
law,  as  amended by chapter 765 of the laws of 2005, is amended to read
as follows:
  (c) For a class D felony, the term must be at least two years and must
not exceed seven years, provided, however, that the term must be: (I) at
least two years and must not exceed eight years where  the  sentence  is
for  the  crime of menacing a police officer or peace officer as defined
in section 120.18 of this chapter; and (II) AT LEAST THREE AND  ONE-HALF
YEARS  AND MUST NOT EXCEED SEVEN YEARS WHERE THE SENTENCE IS IMPOSED FOR
THE CRIME OF CRIMINAL POSSESSION OF A WEAPON  IN  THE  THIRD  DEGREE  AS
DEFINED IN SUBDIVISION TEN OF SECTION 265.02 OF THIS CHAPTER;
  S  31. The penal law is amended by adding a new section 115.20 to read
as follows:
S 115.20 CRIMINAL FACILITATION; DEFINITIONS AND CONSTRUCTION.
  FOR PURPOSES OF THIS ARTICLE, SUCH CONDUCT SHALL INCLUDE, BUT  NOT  BE
LIMITED  TO,  MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
OF A COMMUNITY GUN, WHICH IN FACT, AIDS A  PERSON  TO  COMMIT  A  CRIME.
"COMMUNITY  GUN"  SHALL  MEAN  A  FIREARM  THAT IS ACTUALLY SHARED, MADE
AVAILABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR
MORE PERSONS, AT LEAST ONE OF WHOM IS NOT AUTHORIZED PURSUANT TO LAW  TO
POSSESS  SUCH  FIREARM. "DISPOSE OF" SHALL HAVE THE SAME MEANING AS THAT
TERM IS DEFINED IN SECTION 265.00 OF THIS  CHAPTER.  "SHARE"  AND  "MAKE
AVAILABLE"  SHALL,  IN  THE  CASE  OF A FIREARM, BE CONSTRUED TO INCLUDE
KNOWINGLY PLACING SUCH FIREARM AT A LOCATION ACCESSIBLE AND KNOWN TO ONE
OR MORE OTHER PERSONS.

S. 2230                            17                            A. 2388

  S 32. Section 120.05 of the penal law  is  amended  by  adding  a  new
subdivision 4-a to read as follows:
  4-A.  HE  RECKLESSLY CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHO IS A
CHILD UNDER THE AGE OF EIGHTEEN BY INTENTIONAL DISCHARGE OF  A  FIREARM,
RIFLE OR SHOTGUN; OR
  S  33.  Sections  34,  35 and 36 of this act shall be known and may be
cited as "Mark's Law".
  S 34. The opening paragraph of subdivision 1 of section 125.26 of  the
penal  law,  as  added by chapter 765 of the laws of 2005, is amended to
read as follows:
  With intent to cause the death of another person, he or she causes the
death of such person, or of a third person who was a person described in
subparagraph (i), (ii), (II-A) or (iii) of paragraph (a) of this  subdi-
vision  engaged  at  the time of the killing in the course of performing
his or her official duties; and
  S 35. Paragraph (a) of subdivision 1 of section 125.26  of  the  penal
law is amended by adding a new subparagraph (ii-a) to read as follows:
   (II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH-
NICIAN,  AMBULANCE  DRIVER,  PARAMEDIC,  PHYSICIAN  OR  REGISTERED NURSE
INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO,  IN  THE
COURSE  OF  OFFICIAL  DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES AND
WAS ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE  DEFENDANT
KNEW  OR  REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS SUCH
FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER,  PARAMEDIC,
PHYSICIAN OR REGISTERED NURSE; OR
  S  36.  Paragraph  (a) of subdivision 1 of section 125.27 of the penal
law is amended by adding a new subparagraph (ii-a) to read as follows:
   (II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH-
NICIAN, AMBULANCE  DRIVER,  PARAMEDIC,  PHYSICIAN  OR  REGISTERED  NURSE
INVOLVED  IN  A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN THE
COURSE OF OFFICIAL DUTIES, PERFORMS EMERGENCY  RESPONSE  ACTIVITIES  AND
WAS  ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE DEFENDANT
KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM  WAS  SUCH
FIREFIGHTER,  EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC,
PHYSICIAN OR REGISTERED NURSE; OR
  S 37. Subdivision 22 of section 265.00 of the penal law, as  added  by
chapter 189 of the laws of 2000, is amended to read as follows:
  22.  "Assault  weapon"  means  [(a)  a semiautomatic rifle that has an
ability to accept a detachable magazine and has  at  least  two  of  the
following characteristics:
  (i) a folding or telescoping stock;
  (ii)  a pistol grip that protrudes conspicuously beneath the action of
the weapon;
  (iii) a bayonet mount;
  (iv) a flash suppressor or threaded barrel designed to  accommodate  a
flash suppressor;
  (v) a grenade launcher; or
  (b)  a  semiautomatic  shotgun  that has at least two of the following
characteristics:
  (i) a folding or telescoping stock;
  (ii) a pistol grip that protrudes conspicuously beneath the action  of
the weapon;
  (iii) a fixed magazine capacity in excess of five rounds;
  (iv) an ability to accept a detachable magazine; or
  (c)  a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least two of the following characteristics:

S. 2230                            18                            A. 2388

  (i) an ammunition magazine that attaches to the pistol outside of  the
pistol grip;
  (ii)  a  threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
  (iii) a shroud that is attached to, or partially or completely  encir-
cles,  the  barrel and that permits the shooter to hold the firearm with
the nontrigger hand without being burned;
  (iv) a manufactured weight of fifty ounces or more when the pistol  is
unloaded;
  (v) a semiautomatic version of an automatic rifle, shotgun or firearm;
or
  (d)  any  of  the  weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber,  known
as:
  (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);
  (ii) Action Arms Israeli Military Industries UZI and Galil;
  (iii) Beretta Ar70 (SC-70);
  (iv) Colt AR-15;
  (v) Fabrique National FN/FAL, FN/LAR, and FNC;
  (vi) SWD M-10, M-11, M-11/9, and M-12;
  (vii) Steyr AUG;
  (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
  (ix)  revolving  cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
  (e) provided, however, that such term does not include: (i) any rifle,
shotgun or pistol that (A) is manually operated by bolt, pump, lever  or
slide action; (B) has been rendered permanently inoperable; or (C) is an
antique firearm as defined in 18 U.S.C. 921(a)(16);
  (ii)  a  semiautomatic  rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
  (iii) a semiautomatic shotgun that cannot hold more than  five  rounds
of ammunition in a fixed or detachable magazine;
  (iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to section 922 of 18 U.S.C. as such  weapon  was
manufactured  on  October first, nineteen hundred ninety-three. The mere
fact that a weapon is not listed in Appendix A shall not be construed to
mean that such weapon is an assault weapon; or
  (v) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
pistol  or  any of the weapons defined in paragraph (d) of this subdivi-
sion lawfully possessed prior to September fourteenth, nineteen  hundred
ninety-four.]
  (A)  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
  (I) A FOLDING OR TELESCOPING STOCK;
  (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
THE WEAPON;
  (III) A THUMBHOLE STOCK;
  (IV)  A  SECOND  HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
  (V) A BAYONET MOUNT;
  (VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
BARREL DESIGNED TO ACCOMMODATE A  FLASH  SUPPRESSOR,  MUZZLE  BREAK,  OR
MUZZLE COMPENSATOR;
  (VII) A GRENADE LAUNCHER; OR

S. 2230                            19                            A. 2388

  (B)  A  SEMIAUTOMATIC  SHOTGUN  THAT HAS AT LEAST ONE OF THE FOLLOWING
CHARACTERISTICS:
  (I) A FOLDING OR TELESCOPING STOCK;
  (II) A THUMBHOLE STOCK;
  (III)  A  SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
  (IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
  (V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
  (C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
  (I) A FOLDING OR TELESCOPING STOCK;
  (II) A THUMBHOLE STOCK;
  (III)  A  SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
  (IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT  ATTACHES  TO  THE
PISTOL OUTSIDE OF THE PISTOL GRIP;
  (V)  A  THREADED  BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
  (VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR  COMPLETELY  ENCIR-
CLES,  THE  BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NON-TRIGGER HAND WITHOUT BEING BURNED;
  (VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED; OR
  (VIII) A SEMIAUTOMATIC VERSION  OF  AN  AUTOMATIC  RIFLE,  SHOTGUN  OR
FIREARM;
  (D) A REVOLVING CYLINDER SHOTGUN;
  (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF  SUBDI-
VISION  TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER
ONE HUNDRED EIGHTY-NINE OF  THE  LAWS  OF  TWO  THOUSAND  AND  OTHERWISE
LAWFULLY  POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;
  (F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
PISTOL  OR  WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI-
SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF  THE  CHAPTER  OF  THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;
  (G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
  (I)  ANY  RIFLE,  SHOTGUN  OR  PISTOL THAT (A) IS MANUALLY OPERATED BY
BOLT, PUMP, LEVER OR SLIDE ACTION; (B)  HAS  BEEN  RENDERED  PERMANENTLY
INOPERABLE;  OR  (C)  IS  AN  ANTIQUE  FIREARM  AS  DEFINED IN 18 U.S.C.
921(A)(16);
  (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT  A  DETACHABLE  MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
  (III)  A  SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR
  (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE  THEREOF,
SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED
ON  OCTOBER  FIRST,  NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A
WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO  MEAN  THAT
SUCH WEAPON IS AN ASSAULT WEAPON;
  (V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION  400.00  OF  THIS  CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;
  (VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT  WAS  MANUFACTURED  AT  LEAST
FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE-

S. 2230                            20                            A. 2388

OF  THAT  IS  VALIDLY  REGISTERED  PURSUANT  TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER;
  (H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
ANY  LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF  THE  LAWS  OF
TWO  THOUSAND  THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS  SUCH
WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
ANY  SUCH  TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN-
TY-TWO HOURS OF SUCH TRANSFER. AN  INDIVIDUAL  WHO  TRANSFERS  ANY  SUCH
WEAPON  OR  LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS  OF  THIS  PARAGRAPH
SHALL  BE  GUILTY  OF  A  CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS  MADE  ILLEGAL  BY
THE  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA-
GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.
  S 38. Subdivision 23 of section 265.00 of the penal law, as  added  by
chapter 189 of the laws of 2000, is amended to read as follows:
  23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, [manufactured after September thir-
teenth,  nineteen  hundred  ninety-four,] that (A) has a capacity of, or
that can be readily restored or  converted  to  accept,  more  than  ten
rounds  of ammunition, OR (B) CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNI-
TION, OR (C) IS OBTAINED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF  THE
LAWS  OF  TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION AND HAS A
CAPACITY OF, OR THAT CAN BE READILY RESTORED  OR  CONVERTED  TO  ACCEPT,
MORE  THAN SEVEN ROUNDS OF AMMUNITION; provided, however, that such term
does not include an attached tubular  device  designed  to  accept,  and
capable  of  operating  only  with,  .22 caliber rimfire ammunition OR A
FEEDING DEVICE THAT IS A CURIO OR RELIC. A  FEEDING  DEVICE  THAT  IS  A
CURIO OR RELIC IS DEFINED AS A DEVICE THAT (I) WAS MANUFACTURED AT LEAST
FIFTY  YEARS  PRIOR  TO  THE CURRENT DATE, (II) IS ONLY CAPABLE OF BEING
USED EXCLUSIVELY IN A FIREARM, RIFLE, OR SHOTGUN THAT  WAS  MANUFACTURED
AT LEAST FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLI-
CAS  THEREOF,  (III) IS POSSESSED BY AN INDIVIDUAL WHO IS NOT PROHIBITED
BY STATE OR FEDERAL LAW FROM POSSESSING A FIREARM AND (IV) IS REGISTERED
WITH THE DIVISION OF STATE POLICE PURSUANT TO SUBDIVISION  SIXTEEN-A  OF
SECTION  400.00 OF THIS CHAPTER, EXCEPT SUCH FEEDING DEVICES TRANSFERRED
INTO THE STATE MAY BE REGISTERED AT ANY TIME, PROVIDED THEY  ARE  REGIS-
TERED  WITHIN  THIRTY  DAYS  OF THEIR TRANSFER INTO THE STATE.  NOTWITH-
STANDING PARAGRAPH (H) OF SUBDIVISION TWENTY-TWO OF THIS  SECTION,  SUCH
FEEDING  DEVICES MAY BE TRANSFERRED PROVIDED THAT SUCH TRANSFER SHALL BE
SUBJECT TO THE PROVISIONS OF SECTION 400.03 OF  THIS  CHAPTER  INCLUDING
THE CHECK REQUIRED TO BE CONDUCTED PURSUANT TO SUCH SECTION.
  S  39.  Section  265.00  of  the  penal law is amended by adding a new
subdivision 24 to read as follows:
  24. "SELLER OF AMMUNITION" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO-
RATION OR COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING  OR
KEEPING AMMUNITION.
  S 40. Section 265.01 of the penal law, as added by chapter 1041 of the
laws  of  1974,  subdivision  1 as amended by chapter 257 of the laws of
2008, subdivision 2 as amended by chapter  220  of  the  laws  of  1988,
subdivision 3 as amended by chapter 199 of the laws of 2006, subdivision
4  as amended by chapter 357 of the laws of 2011, subdivision 7 as added

S. 2230                            21                            A. 2388

by chapter 807 of the laws of 1981, and subdivision 8 as added by  chap-
ter 646 of the laws of 1986, is amended to read as follows:
S 265.01 Criminal possession of a weapon in the fourth degree.
  A  person  is  guilty of criminal possession of a weapon in the fourth
degree when:
  (1) He or she possesses any firearm, electronic dart  gun,  electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
shot or slungshot, shirken or "Kung Fu star"; or
  (2)  He  possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or  weapon
with intent to use the same unlawfully against another; or
  (3) [He or she knowingly has in his or her possession a rifle, shotgun
or  firearm  in  or  upon  a  building  or grounds, used for educational
purposes, of any school, college  or  university,  except  the  forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and traf-
fic  law, without the written authorization of such educational institu-
tion]; or
  (4) He possesses a  rifle,  shotgun,  antique  firearm,  black  powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
  (5)  He  possesses any dangerous or deadly weapon and is not a citizen
of the United States; or
  (6) He is a person who has been certified not suitable  to  possess  a
rifle  or  shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person  is  certified  not  suitable  to
possess  a  rifle or shotgun, a member of the police department to which
such certification is made, or of  the  state  police,  shall  forthwith
seize  any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police  department,  or  state  police,  and
there retained until the aforesaid certificate has been rescinded by the
director  or  physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent jurisdic-
tion.
  (7) He knowingly possesses a bullet containing an explosive  substance
designed to detonate upon impact.
  (8)  He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.
  Criminal possession of a weapon in the fourth  degree  is  a  class  A
misdemeanor.
  S  41.  The  penal  law is amended by adding a new section 265.01-a to
read as follows:
S 265.01-A. CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS.
  A PERSON IS GUILTY OF  CRIMINAL  POSSESSION  OF  A  WEAPON  ON  SCHOOL
GROUNDS  WHEN  HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,
SHOTGUN, OR FIREARM IN OR UPON A BUILDING OR GROUNDS,  USED  FOR  EDUCA-
TIONAL  PURPOSES,  OF  ANY  SCHOOL,  COLLEGE,  OR UNIVERSITY, EXCEPT THE
FORESTRY LANDS, WHEREVER LOCATED, OWNED  AND  MAINTAINED  BY  THE  STATE
UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, OR
UPON  A  SCHOOL  BUS  AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE

S. 2230                            22                            A. 2388

VEHICLE AND TRAFFIC LAW,  WITHOUT  THE  WRITTEN  AUTHORIZATION  OF  SUCH
EDUCATIONAL INSTITUTION.
  CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS IS A CLASS E FELONY.
  S  41-a.  The penal law is amended by adding a new section 265.01-b to
read as follows:
S 265.01-B CRIMINAL POSSESSION OF A FIREARM.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM WHEN HE OR SHE:
(1) POSSESSES ANY FIREARM OR; (2) LAWFULLY POSSESSES A FIREARM PRIOR  TO
THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN
WHICH ADDED THIS SECTION SUBJECT TO  THE  REGISTRATION  REQUIREMENTS  OF
SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER AND KNOWINGLY
FAILS TO REGISTER SUCH FIREARM PURSUANT TO SUCH SUBDIVISION.
  CRIMINAL POSSESSION OF A FIREARM IS A CLASS E FELONY.
  S 41-b. Subdivision 8 of section 265.02 of the penal law,  as  amended
by  chapter 764 of the laws of 2005, is amended and two new subdivisions
9 and 10 are added to read as follows:
  (8) Such person possesses a large capacity ammunition feeding  device.
FOR  PURPOSES  OF  THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING
DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED
BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF
TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACI-
TY  OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN
SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR  THAT  WAS  MANUFAC-
TURED  BEFORE  SEPTEMBER  THIRTEENTH, NINETEEN HUNDRED NINETY-FOUR, THAT
HAS A CAPACITY OF, OR THAT CAN  BE  READILY  RESTORED  OR  CONVERTED  TO
ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION; OR
  (9)  SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS A DRUG
TRAFFICKING FELONY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00
OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION; OR
  (10) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND  ALSO  COMMITS  ANY
VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION.
  S  42.  Subdivision  2 of section 265.09 of the penal law, as added by
chapter 650 of the laws of 1996, is amended to read as follows:
  (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
contrary, when a person is convicted of criminal use of a firearm in the
first  degree  as  defined in subdivision one of this section, the court
shall impose an additional consecutive sentence of  five  years  to  the
[minimum  term  of  an indeterminate] sentence imposed on the underlying
class B violent felony offense where the person convicted of such  crime
displays a loaded weapon from which a shot, readily capable of producing
death  or  other serious injury may be discharged, in furtherance of the
commission of  such  crime,  provided,  however,  that  such  additional
sentence  shall not be imposed if the court, having regard to the nature
and circumstances of the crime and to the history and character  of  the
defendant, finds on the record that such additional consecutive sentence
would  be  unduly  harsh  and  that  not imposing such sentence would be
consistent with the public safety and would not deprecate  the  serious-
ness  of  the crime.   Notwithstanding any other provision of law to the
contrary, the aggregate of the five year consecutive term imposed pursu-
ant to this subdivision  and  the  minimum  term  of  the  indeterminate
sentence  imposed on the underlying class B violent felony shall consti-
tute the new aggregate  minimum  term  of  imprisonment,  and  a  person
subject  to  such  term  shall be required to serve the entire aggregate
minimum term and shall not be eligible for release on parole  or  condi-
tional  release during such term. This subdivision shall not apply where

S. 2230                            23                            A. 2388

the defendant's criminal liability for displaying a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged, in furtherance of the commission of crime is based on
the conduct of another pursuant to section 20.00 of [the penal law] THIS
CHAPTER.
  S  43. Section 265.17 of the penal law, as added by chapter 189 of the
laws of 2000, is amended to read as follows:
S 265.17 Criminal purchase OR DISPOSAL of a weapon.
  A person is guilty of criminal purchase OR DISPOSAL of a weapon when:
  1. Knowing that he or she is  prohibited  by  law  from  possessing  a
firearm,  rifle  or  shotgun because of a prior conviction or because of
some other disability which  would  render  him  or  her  ineligible  to
lawfully  possess a firearm, rifle or shotgun in this state, such person
[attempts to purchase] PURCHASES a firearm, rifle or shotgun from anoth-
er person; or
  2. Knowing that it would be unlawful for another person to  possess  a
firearm, rifle or shotgun, he or she purchases a firearm, rifle or shot-
gun for, on behalf of, or for the use of such other person[.]; OR
  3.  KNOWING THAT ANOTHER PERSON IS PROHIBITED BY LAW FROM POSSESSING A
FIREARM, RIFLE OR SHOTGUN BECAUSE OF A PRIOR CONVICTION  OR  BECAUSE  OF
SOME  OTHER  DISABILITY  WHICH  WOULD  RENDER  HIM  OR HER INELIGIBLE TO
LAWFULLY POSSESS A FIREARM, RIFLE OR SHOTGUN IN  THIS  STATE,  A  PERSON
DISPOSES OF A FIREARM, RIFLE OR SHOTGUN TO SUCH OTHER PERSON.
  Criminal purchase OR DISPOSAL of a weapon is a class [A misdemeanor] D
FELONY.
  S 44. Intentionally omitted.
  S  45. The penal law is amended by adding a new section 265.19 to read
as follows:
S 265.19 AGGRAVATED CRIMINAL POSSESSION OF A WEAPON.
  A PERSON IS GUILTY OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON  WHEN
HE  OR  SHE  COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 265.03 OF  THIS
ARTICLE AND ALSO COMMITS ANY VIOLENT FELONY OFFENSE AS DEFINED IN SUBDI-
VISION ONE OF SECTION 70.02 OF THIS CHAPTER OR A DRUG TRAFFICKING FELONY
AS  DEFINED  IN  SUBDIVISION TWENTY-ONE OF SECTION 10.00 OF THIS CHAPTER
ARISING OUT OF THE SAME CRIMINAL TRANSACTION.
  AGGRAVATED CRIMINAL POSSESSION OF A WEAPON IS A CLASS C FELONY.
  S 46. Paragraph 3 of subdivision a of section 265.20 of the penal law,
as amended by chapter 210 of the laws of 1999,  is  amended  and  a  new
paragraph 7-f is added to read as follows:
  3.  Possession  of  a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or  400.01  of
this  chapter  OR  POSSESSION OF A WEAPON AS DEFINED IN PARAGRAPH (E) OR
(F) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS ARTICLE WHICH IS
REGISTERED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIXTEEN-A OF SECTION
400.00 OF THIS CHAPTER OR IS  INCLUDED  ON  AN  AMENDED  LICENSE  ISSUED
PURSUANT  TO  SECTION 400.00 OF THIS CHAPTER.  IN THE EVENT SUCH LICENSE
IS REVOKED, OTHER THAN BECAUSE SUCH LICENSEE IS NO LONGER  PERMITTED  TO
POSSESS A FIREARM, RIFLE OR SHOTGUN UNDER FEDERAL OR STATE LAW, INFORMA-
TION  SUFFICIENT TO SATISFY THE REQUIREMENTS OF SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER, SHALL BE TRANSMITTED  BY  THE  LICENSING
OFFICER  TO THE STATE POLICE, IN A FORM AS DETERMINED BY THE SUPERINTEN-
DENT OF STATE POLICE. SUCH TRANSMISSION SHALL CONSTITUTE A VALID  REGIS-
TRATION UNDER SUCH SECTION.  FURTHER PROVIDED, NOTWITHSTANDING ANY OTHER
SECTION  OF THIS TITLE, A FAILURE TO REGISTER SUCH WEAPON BY AN INDIVID-
UAL WHO POSSESSES SUCH WEAPON BEFORE THE ENACTMENT OF THE CHAPTER OF THE

S. 2230                            24                            A. 2388

LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS PARAGRAPH  AND  MAY  SO
LAWFULLY  POSSESS IT THEREAFTER UPON REGISTRATION, SHALL ONLY BE SUBJECT
TO PUNISHMENT PURSUANT TO PARAGRAPH  (C)  OF  SUBDIVISION  SIXTEEN-A  OF
SECTION  400.00 OF THIS CHAPTER; provided, that such a license OR REGIS-
TRATION shall not preclude a  conviction  for  the  offense  defined  in
subdivision  three of section 265.01 of this article OR SECTION 265.01-A
OF THIS ARTICLE.
  7-F. POSSESSION AND USE OF A MAGAZINE, BELT,  FEED  STRIP  OR  SIMILAR
DEVICE,  THAT  CONTAINS  MORE  THAN SEVEN ROUNDS OF AMMUNITION, BUT THAT
DOES NOT HAVE A CAPACITY OF OR CAN READILY BE RESTORED OR  CONVERTED  TO
ACCEPT  MORE  THAN  TEN  ROUNDS  OF  AMMUNITION, AT AN INDOOR OR OUTDOOR
FIRING RANGE LOCATED IN OR ON PREMISES  OWNED  OR  OCCUPIED  BY  A  DULY
INCORPORATED  ORGANIZATION  ORGANIZED  FOR  CONSERVATION  PURPOSES OR TO
FOSTER PROFICIENCY IN ARMS; AT AN INDOOR OR OUTDOOR FIRING RANGE FOR THE
PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGIATE, OLYMPIC OR TARGET
SHOOTING COMPETITION UNDER THE AUSPICES OF OR APPROVED BY  THE  NATIONAL
RIFLE  ASSOCIATION;  OR AT AN ORGANIZED MATCH SANCTIONED BY THE INTERNA-
TIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.
  S 46-a. The penal law is amended by adding two new sections 265.36 and
265.37 to read as follows:
S 265.36 UNLAWFUL POSSESSION OF  A  LARGE  CAPACITY  AMMUNITION  FEEDING
           DEVICE.
  IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS A LARGE CAPACI-
TY  AMMUNITION  FEEDING DEVICE MANUFACTURED BEFORE SEPTEMBER THIRTEENTH,
NINETEEN HUNDRED NINETY-FOUR, AND IF SUCH PERSON LAWFULLY POSSESSED SUCH
LARGE CAPACITY FEEDING DEVICE BEFORE THE EFFECTIVE DATE OF  THE  CHAPTER
OF  THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS
A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED  TO  ACCEPT,
MORE THAN TEN ROUNDS OF AMMUNITION.
  AN  INDIVIDUAL WHO HAS A REASONABLE BELIEF THAT SUCH DEVICE IS OF SUCH
A CHARACTER THAT IT MAY LAWFULLY BE  POSSESSED  AND  WHO  SURRENDERS  OR
LAWFULLY DISPOSES OF SUCH DEVICE WITHIN THIRTY DAYS OF BEING NOTIFIED BY
LAW  ENFORCEMENT  OR  COUNTY LICENSING OFFICIALS THAT SUCH POSSESSION IS
UNLAWFUL SHALL NOT BE GUILTY OF THIS OFFENSE. IT SHALL BE  A  REBUTTABLE
PRESUMPTION  THAT  SUCH PERSON KNOWS THAT SUCH LARGE CAPACITY AMMUNITION
FEEDING DEVICE MAY NOT BE LAWFULLY POSSESSED  IF  HE  OR  SHE  HAS  BEEN
CONTACTED  BY LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS AND INFORMED
THAT SUCH DEVICE MAY NOT BE LAWFULLY POSSESSED.
  UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE IS A
CLASS A MISDEMEANOR.
S 265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES.
  IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS  AN  AMMUNITION
FEEDING  DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  THIRTEEN  WHICH  ADDED
THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR
CONVERTED  TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNI-
TION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION.
  IF SUCH DEVICE CONTAINING MORE THAN  SEVEN  ROUNDS  OF  AMMUNITION  IS
POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
DEVICE  SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
TERM OF UP TO THREE MONTHS IMPRISONMENT.
  IF SUCH DEVICE CONTAINING MORE THAN  SEVEN  ROUNDS  OF  AMMUNITION  IS
POSSESSED  IN  ANY  LOCATION  OTHER  THAN THE HOME OF THE POSSESSOR, THE
PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF

S. 2230                            25                            A. 2388

A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
TERM OF UP TO SIX MONTHS IMPRISONMENT, AND  FOR  A  SECOND  OFFENSE,  BE
GUILTY OF A CLASS A MISDEMEANOR.
  S  47. The penal law is amended by adding a new section 265.45 to read
as follows:
S 265.45 SAFE STORAGE OF RIFLES, SHOTGUNS, AND FIREARMS.
  NO PERSON WHO OWNS OR IS CUSTODIAN OF A RIFLE, SHOTGUN OR FIREARM  WHO
RESIDES  WITH  AN INDIVIDUAL WHO SUCH PERSON KNOWS OR HAS REASON TO KNOW
IS PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO 18 U.S.C.  S  922(G)
(1),  (4), (8) OR (9) SHALL STORE OR OTHERWISE LEAVE SUCH RIFLE, SHOTGUN
OR FIREARM OUT OF HIS OR HER IMMEDIATE  POSSESSION  OR  CONTROL  WITHOUT
HAVING FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN OR FIREARM IN AN APPRO-
PRIATE  SAFE  STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED
BY USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAPON. FOR  PURPOSES
OF  THIS  SECTION  "SAFE  STORAGE DEPOSITORY" SHALL MEAN A SAFE OR OTHER
SECURE CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED  WITH-
OUT  THE KEY, COMBINATION OR OTHER UNLOCKING MECHANISM AND IS CAPABLE OF
PREVENTING  AN  UNAUTHORIZED  PERSON  FROM  OBTAINING  ACCESS   TO   AND
POSSESSION  OF  THE  WEAPON CONTAINED THEREIN.  WITH RESPECT TO A PERSON
WHO IS PROHIBITED FROM  POSSESSING  A  FIREARM  PURSUANT  TO  18  USC  S
922(G)(9),  FOR  PURPOSES  OF THIS SECTION, THIS SECTION APPLIES ONLY IF
SUCH PERSON HAS BEEN CONVICTED OF A CRIME INCLUDED IN SUBDIVISION ONE OF
SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW AND SUCH GUN  IS  POSSESSED
WITHIN FIVE YEARS FROM THE LATER OF THE DATE OF CONVICTION OR COMPLETION
OF SENTENCE.
  A VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
  S  48.  Subdivision 1, paragraph (a) of subdivision 3, subdivisions 4,
5, 9, 10, 11, 12 and 15 of section 400.00 of the penal law,  subdivision
1 as amended by chapter 189 of the laws of 2000, paragraph (a) of subdi-
vision 3 as designated by chapter 778 of the laws of 1985, subdivision 4
as  amended by chapter 331 of the laws of 2005, subdivision 5 as amended
by chapter 332 of the laws of 1994, subdivision 9 as amended by  chapter
172 of the laws of 1973, subdivision 10 as amended by chapter 447 of the
laws  of  1997,  subdivision 11 as amended by chapter 210 of the laws of
1999, and subdivision 12 as amended by chapter 449 of the laws of  1993,
are  amended and two new subdivisions 16-a and 16-b are added to read as
follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then  only  after  investi-
gation  and  finding  that  all statements in a proper application for a
license are true. No license shall be issued or renewed  except  for  an
applicant  (a) twenty-one years of age or older, provided, however, that
where such applicant has  been  honorably  discharged  from  the  United
States  army,  navy,  marine  corps,  air  force  or coast guard, or the
national guard of the state of New York, no such age  restriction  shall
apply;  (b)  of  good  moral  character;  (c) who has not been convicted
anywhere of a felony or a serious offense; (d) WHO  IS  NOT  A  FUGITIVE
FROM  JUSTICE;  (E)  WHO  IS  NOT AN UNLAWFUL USER OF OR ADDICTED TO ANY
CONTROLLED SUBSTANCE AS DEFINED IN SECTION 21 U.S.C. 802; (F) WHO  BEING
AN ALIEN (I) IS NOT ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES OR (II)
HAS  NOT  BEEN  ADMITTED  TO THE UNITED STATES UNDER A NONIMMIGRANT VISA
SUBJECT TO THE EXCEPTION IN 18 U.S.C. 922(Y)(2); (G) WHO  HAS  NOT  BEEN
DISCHARGED FROM THE ARMED FORCES UNDER DISHONORABLE CONDITIONS; (H) WHO,
HAVING BEEN A CITIZEN OF THE UNITED STATES, HAS NOT RENOUNCED HIS OR HER
CITIZENSHIP;  (I) who has stated whether he or she has ever suffered any
mental illness [or been confined to any hospital or institution,  public

S. 2230                            26                            A. 2388

or  private,  for  mental  illness];  (J) WHO HAS NOT BEEN INVOLUNTARILY
COMMITTED TO A FACILITY UNDER THE  JURISDICTION  OF  AN  OFFICE  OF  THE
DEPARTMENT  OF MENTAL HYGIENE PURSUANT TO ARTICLE NINE OR FIFTEEN OF THE
MENTAL  HYGIENE  LAW,  ARTICLE SEVEN HUNDRED THIRTY OR SECTION 330.20 OF
THE CRIMINAL PROCEDURE LAW, SECTION FOUR HUNDRED  TWO  OR  FIVE  HUNDRED
EIGHT  OF THE CORRECTION LAW, SECTION 322.2 OR 353.4 OF THE FAMILY COURT
ACT, OR HAS NOT BEEN CIVILLY CONFINED IN  A  SECURE  TREATMENT  FACILITY
PURSUANT TO ARTICLE TEN OF THE MENTAL HYGIENE LAW; [(e)] (K) who has not
had  a license revoked or who is not under a suspension or ineligibility
order issued pursuant to the provisions of section 530.14 of the  crimi-
nal  procedure  law  or  section eight hundred forty-two-a of the family
court act; [(f)] (L) in the county of Westchester, who has  successfully
completed  a  firearms  safety course and test as evidenced by a certif-
icate of completion issued in his or her name and endorsed and  affirmed
under  the  penalties of perjury by a duly authorized instructor, except
that: (i) persons who are honorably discharged from  the  United  States
army, navy, marine corps or coast guard, or of the national guard of the
state  of  New  York,  and produce evidence of official qualification in
firearms during the term of service are not required to  have  completed
those  hours  of  a  firearms  safety course pertaining to the safe use,
carrying, possession, maintenance and storage of  a  firearm;  and  (ii)
persons  who  were licensed to possess a pistol or revolver prior to the
effective date of this paragraph are not required to  have  completed  a
firearms safety course and test; [and (g)] (M) WHO HAS NOT HAD A GUARDI-
AN  APPOINTED  FOR  HIM  OR  HER PURSUANT TO ANY PROVISION OF STATE LAW,
BASED ON A DETERMINATION THAT AS A RESULT OF MARKED  SUBNORMAL  INTELLI-
GENCE, MENTAL ILLNESS, INCAPACITY, CONDITION OR DISEASE, HE OR SHE LACKS
THE  MENTAL  CAPACITY  TO CONTRACT OR MANAGE HIS OR HER OWN AFFAIRS; AND
(N) concerning whom no good cause exists for the denial of the  license.
No person shall engage in the business of gunsmith or dealer in firearms
unless licensed pursuant to this section. An applicant to engage in such
business  shall  also be a citizen of the United States, more than twen-
ty-one years of age and maintain a place of  business  in  the  city  or
county  where the license is issued. For such business, if the applicant
is a firm or partnership, each member thereof shall comply with  all  of
the requirements set forth in this subdivision and if the applicant is a
corporation, each officer thereof shall so comply.
  (a)  Applications  shall be made and renewed, in the case of a license
to carry or possess a pistol or revolver, to the  licensing  officer  in
the  city or county, as the case may be, where the applicant resides, is
principally employed or has his OR HER principal place  of  business  as
merchant  or  storekeeper;  and, in the case of a license as gunsmith or
dealer in firearms, to the licensing officer where such place  of  busi-
ness  is  located.  Blank  applications shall, except in the city of New
York, be approved as to form by the superintendent of state police.   An
application shall state the full name, date of birth, residence, present
occupation of each person or individual signing the same, whether or not
he  OR  SHE  is a citizen of the United States, whether or not he OR SHE
complies with each requirement for eligibility specified in  subdivision
one  of this section and such other facts as may be required to show the
good character, competency and integrity of each  person  or  individual
signing  the application. An application shall be signed and verified by
the applicant. Each individual signing an application shall  submit  one
photograph  of himself OR HERSELF and a duplicate for each required copy
of the application. Such photographs shall have been taken within thirty
days prior to filing the application. In case of a license  as  gunsmith

S. 2230                            27                            A. 2388

or  dealer  in  firearms,  the photographs submitted shall be two inches
square, and the application shall also state the previous occupation  of
each  individual  signing the same and the location of the place of such
business,  or  of the bureau, agency, subagency, office or branch office
for which the license is sought, specifying the name of the  city,  town
or  village,  indicating the street and number and otherwise giving such
apt description as to point out reasonably the location thereof. In such
case, if the applicant is a firm, partnership or corporation, its  name,
date  and  place  of formation, and principal place of business shall be
stated. For such firm or partnership, the application  shall  be  signed
and  verified  by  each individual composing or intending to compose the
same, and for such corporation, by each officer thereof.
  4. Investigation. Before a license is issued or renewed,  there  shall
be an investigation of all statements required in the application by the
duly  constituted police authorities of the locality where such applica-
tion is made, INCLUDING BUT NOT LIMITED TO SUCH RECORDS AS MAY BE ACCES-
SIBLE TO THE DIVISION OF STATE POLICE OR DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  PURSUANT TO SECTION 400.02 OF THIS ARTICLE.  For that purpose,
the records of the  appropriate  office  of  the  department  of  mental
hygiene  concerning  previous or present mental illness of the applicant
shall be available for inspection by the investigating  officer  of  the
police  authority.   In order to ascertain any previous criminal record,
the investigating officer  shall  take  the  fingerprints  and  physical
descriptive  data in quadruplicate of each individual by whom the appli-
cation is signed and verified. Two copies of such fingerprints shall  be
taken  on  standard  fingerprint cards eight inches square, and one copy
may be taken on a card supplied for that purpose by the  federal  bureau
of  investigation;  provided,  however,  that in the case of a corporate
applicant that has already been issued a dealer in firearms license  and
seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
location, the original fingerprints on file may be used to ascertain any
criminal record in the second or subsequent application  unless  any  of
the  corporate  officers  have  changed  since the prior application, in
which case the  new  corporate  officer  shall  comply  with  procedures
governing  an  initial application for such license. When completed, one
standard card shall be forwarded to and  retained  by  the  division  of
criminal  justice  services  in  the  executive department, at Albany. A
search of the files of such division and  written  notification  of  the
results of the search to the investigating officer shall be made without
unnecessary delay.  Thereafter, such division shall notify the licensing
officer  and the executive department, division of state police, Albany,
of any criminal record of the applicant filed therein subsequent to  the
search  of its files. A second standard card, or the one supplied by the
federal bureau of investigation, as the case may be, shall be  forwarded
to that bureau at Washington with a request that the files of the bureau
be searched and notification of the results of the search be made to the
investigating  police  authority. [The failure or refusal of the federal
bureau of investigation to make the fingerprint check  provided  for  in
this  section shall not constitute the sole basis for refusal to issue a
permit pursuant to the provisions of this section.] Of the remaining two
fingerprint cards, one shall be filed  with  the  executive  department,
division  of state police, Albany, within ten days after issuance of the
license, and the other remain on  file  with  the  investigating  police
authority.  No  such  fingerprints  may be inspected by any person other
than a peace officer, who is acting pursuant to his special duties, or a
police officer, except on order of a judge or  justice  of  a  court  of

S. 2230                            28                            A. 2388

record  either  upon  notice  to  the licensee or without notice, as the
judge or justice may deem appropriate. Upon completion of  the  investi-
gation,  the  police authority shall report the results to the licensing
officer without unnecessary delay.
  5.    Filing  of  approved applications.   (A) The application for any
license, if granted, shall be filed by the licensing  officer  with  the
clerk  of  the  county  of issuance, except that in the city of New York
and, in the counties of Nassau and Suffolk, the licensing officer  shall
designate  the  place  of  filing in the appropriate division, bureau or
unit of the police department thereof, and in the county of Suffolk  the
county  clerk  is  hereby authorized to transfer all records or applica-
tions relating to firearms to the licensing authority  of  that  county.
[The]  EXCEPT AS PROVIDED IN PARAGRAPHS (B) THROUGH (F) OF THIS SUBDIVI-
SION, THE name and address of any person to whom an application for  any
license has been granted shall be a public record. Upon application by a
licensee who has changed his place of residence such records or applica-
tions  shall be transferred to the appropriate officer at the licensee's
new place of residence. A duplicate copy of such  application  shall  be
filed  by the licensing officer in the executive department, division of
state police, Albany, within ten days after  issuance  of  the  license.
THE  SUPERINTENDENT  OF STATE POLICE MAY DESIGNATE THAT SUCH APPLICATION
SHALL BE TRANSMITTED TO THE DIVISION OF STATE POLICE ELECTRONICALLY.  IN
THE  EVENT THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE DETERMINES
THAT IT LACKS ANY OF THE RECORDS REQUIRED TO BE FILED WITH THE DIVISION,
IT MAY REQUEST THAT SUCH RECORDS BE PROVIDED TO IT  BY  THE  APPROPRIATE
CLERK,  DEPARTMENT  OR AUTHORITY AND SUCH CLERK, DEPARTMENT OR AUTHORITY
SHALL PROVIDE THE DIVISION WITH SUCH RECORDS. IN THE EVENT  SUCH  CLERK,
DEPARTMENT OR AUTHORITY LACKS SUCH RECORDS, THE DIVISION MAY REQUEST THE
LICENSE  HOLDER PROVIDE INFORMATION SUFFICIENT TO CONSTITUTE SUCH RECORD
AND SUCH LICENSE HOLDER SHALL PROVIDE THE DIVISION  WITH  SUCH  INFORMA-
TION.    SUCH INFORMATION SHALL BE LIMITED TO THE LICENSE HOLDER'S NAME,
DATE OF BIRTH, GENDER,RACE, RESIDENTIAL ADDRESS, SOCIAL SECURITY  NUMBER
AND  FIREARMS POSSESSED BY SAID LICENSE HOLDER. Nothing in this subdivi-
sion shall be construed to change the expiration date or  term  of  such
licenses  if  otherwise  provided  for  in  law.  RECORDS  ASSEMBLED  OR
COLLECTED FOR PURPOSES OF INCLUSION IN THE DATABASE ESTABLISHED BY  THIS
SECTION  SHALL BE RELEASED PURSUANT TO A COURT ORDER.  RECORDS ASSEMBLED
OR COLLECTED FOR PURPOSES OF INCLUSION IN THE DATABASE CREATED  PURSUANT
TO  SECTION  400.02  OF  THIS CHAPTER SHALL NOT BE SUBJECT TO DISCLOSURE
PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  (B) EACH APPLICATION FOR A LICENSE PURSUANT TO PARAGRAPH (A)  OF  THIS
SUBDIVISION  SHALL  INCLUDE,  ON A SEPARATE WRITTEN FORM PREPARED BY THE
DIVISION OF STATE POLICE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE  LAWS  OF  TWO  THOUSAND  THIRTEEN,  WHICH  AMENDED  THIS
SECTION,  AND PROVIDED TO THE APPLICANT AT THE SAME TIME AND IN THE SAME
MANNER AS THE APPLICATION FOR A LICENSE, AN OPPORTUNITY FOR  THE  APPLI-
CANT  TO  REQUEST  AN  EXCEPTION FROM HIS OR HER APPLICATION INFORMATION
BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION.
SUCH  FORMS,  WHICH  SHALL ALSO BE MADE AVAILABLE TO INDIVIDUALS WHO HAD
APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SECTION,
SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN APPLICANT KNOWINGLY
PROVIDED FALSE INFORMATION, SUCH APPLICANT MAY BE SUBJECT  TO  PENALTIES
PURSUANT TO SECTION 175.30 OF THIS CHAPTER, AND FURTHER, THAT HIS OR HER
REQUEST  FOR  AN EXCEPTION SHALL BE NULL AND VOID, PROVIDED THAT WRITTEN
NOTICE CONTAINING SUCH  DETERMINATION  IS  PROVIDED  TO  THE  APPLICANT.

S. 2230                            29                            A. 2388

FURTHER, SUCH FORMS SHALL PROVIDE EACH APPLICANT AN OPPORTUNITY TO SPEC-
IFY  THE  GROUNDS  ON  WHICH  HE  OR SHE BELIEVES HIS OR HER APPLICATION
INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE GROUNDS, WHICH SHALL
BE IDENTIFIED ON THE APPLICATION WITH A BOX BESIDE EACH FOR CHECKING, AS
APPLICABLE, BY THE APPLICANT, SHALL BE AS FOLLOWS:
  (I)  THE  APPLICANT'S  LIFE  OR SAFETY MAY BE ENDANGERED BY DISCLOSURE
BECAUSE:
  (A) THE APPLICANT IS AN ACTIVE OR RETIRED POLICE OFFICER, PEACE  OFFI-
CER, PROBATION OFFICER, PAROLE OFFICER, OR CORRECTIONS OFFICER;
  (B)  THE APPLICANT IS A PROTECTED PERSON UNDER A CURRENTLY VALID ORDER
OF PROTECTION;
  (C) THE APPLICANT IS OR WAS A WITNESS IN A CRIMINAL PROCEEDING INVOLV-
ING A CRIMINAL CHARGE;
  (D) THE APPLICANT IS PARTICIPATING OR  PREVIOUSLY  PARTICIPATED  AS  A
JUROR  IN  A CRIMINAL PROCEEDING, OR IS OR WAS A MEMBER OF A GRAND JURY;
OR
  (E) THE APPLICANT IS A SPOUSE, DOMESTIC PARTNER OR HOUSEHOLD MEMBER OF
A PERSON IDENTIFIED IN THIS SUBPARAGRAPH OR SUBPARAGRAPH  (II)  OF  THIS
PARAGRAPH,  SPECIFYING  WHICH  SUBPARAGRAPH OR SUBPARAGRAPHS AND CLAUSES
APPLY.
  (II) THE APPLICANT HAS REASON TO BELIEVE HIS OR HER LIFE OR SAFETY MAY
BE ENDANGERED BY DISCLOSURE DUE TO REASONS STATED BY THE APPLICANT.
  (III) THE APPLICANT HAS REASON TO BELIEVE HE OR SHE MAY BE SUBJECT  TO
UNWARRANTED HARASSMENT UPON DISCLOSURE OF SUCH INFORMATION.
  (C)  EACH  FORM PROVIDED FOR RECERTIFICATION PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TEN OF THIS SECTION SHALL INCLUDE AN OPPORTUNITY FOR  THE
APPLICANT  TO REQUEST AN EXCEPTION FROM THE INFORMATION PROVIDED ON SUCH
FORM BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVI-
SION.    SUCH FORMS SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN
APPLICANT KNOWINGLY PROVIDED FALSE INFORMATION, SUCH  APPLICANT  MAY  BE
SUBJECT  TO  PENALTIES  PURSUANT  TO SECTION 175.30 OF THIS CHAPTER, AND
FURTHER, THAT HIS OR HER REQUEST FOR AN  EXCEPTION  SHALL  BE  NULL  AND
VOID,  PROVIDED  THAT  WRITTEN  NOTICE  CONTAINING SUCH DETERMINATION IS
PROVIDED TO THE APPLICANT.   FURTHER,  SUCH  FORMS  SHALL  PROVIDE  EACH
APPLICANT  AN  OPPORTUNITY  TO  EITHER  DECLINE  TO REQUEST THE GRANT OR
CONTINUATION OF AN EXCEPTION, OR SPECIFY THE GROUNDS ON WHICH HE OR  SHE
BELIEVES  HIS OR HER INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE
GROUNDS, WHICH SHALL BE IDENTIFIED IN THE APPLICATION WITH A BOX  BESIDE
EACH FOR CHECKING, AS APPLICABLE, BY THE APPLICANT, SHALL BE THE SAME AS
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (D)  INFORMATION  SUBMITTED ON THE FORMS DESCRIBED IN PARAGRAPH (B) OF
THIS SUBDIVISION SHALL BE EXCEPTED FROM DISCLOSURE AND MAINTAINED BY THE
ENTITY RETAINING SUCH INFORMATION SEPARATE  AND  APART  FROM  ALL  OTHER
RECORDS.
  (E)  (I)  UPON  RECEIVING A REQUEST FOR EXCEPTION FROM DISCLOSURE, THE
LICENSING OFFICER SHALL GRANT SUCH  EXCEPTION,  UNLESS  THE  REQUEST  IS
DETERMINED TO BE NULL AND VOID, PURSUANT TO PARAGRAPH (B) OR (C) OF THIS
SUBDIVISION.
  (II)  A  REQUEST  FOR AN EXCEPTION FROM DISCLOSURE MAY BE SUBMITTED AT
ANY TIME, INCLUDING AFTER A LICENSE OR RECERTIFICATION HAS BEEN GRANTED.
  (III) IF AN EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH  (B)
OF  THIS  SUBDIVISION,  THE  APPLICATION INFORMATION SHALL NOT BE PUBLIC
RECORD, UNLESS THE REQUEST IS DETERMINED TO BE  NULL  AND  VOID.  IF  AN
EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDI-
VISION,  THE  INFORMATION  CONCERNING  SUCH  RECERTIFICATION APPLICATION

S. 2230                            30                            A. 2388

SHALL NOT BE PUBLIC RECORD, UNLESS THE REQUEST IS DETERMINED TO BE  NULL
AND VOID.
  (F) THE INFORMATION OF LICENSEES OR APPLICANTS FOR A LICENSE SHALL NOT
BE  DISCLOSED  TO  THE  PUBLIC  DURING THE FIRST ONE HUNDRED TWENTY DAYS
FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND
THIRTEEN,  WHICH  AMENDED THIS SECTION.  AFTER SUCH PERIOD, THE INFORMA-
TION OF THOSE WHO HAD APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE
PREPARATION OF THE FORM FOR REQUESTING AN EXCEPTION, PURSUANT  TO  PARA-
GRAPH  (B) OF THIS SUBDIVISION, MAY BE RELEASED ONLY IF SUCH INDIVIDUALS
DID NOT FILE A REQUEST FOR SUCH AN EXCEPTION DURING THE FIRST SIXTY DAYS
FOLLOWING SUCH  PREPARATION;  PROVIDED,  HOWEVER,  THAT  NO  INFORMATION
CONTAINED  IN  AN  APPLICATION FOR LICENSURE OR RECERTIFICATION SHALL BE
DISCLOSED BY AN ENTITY  THAT  HAS  NOT  COMPLETED  PROCESSING  ANY  SUCH
REQUESTS RECEIVED DURING SUCH SIXTY DAYS.
  (G)  IF  A  REQUEST FOR AN EXCEPTION IS DETERMINED TO BE NULL AND VOID
PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AN  APPLICANT  MAY
REQUEST  REVIEW  OF SUCH DETERMINATION PURSUANT TO ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAWS AND  RULES.  SUCH  PROCEEDING  MUST  COMMENCE
WITHIN  THIRTY  DAYS  AFTER SERVICE OF THE WRITTEN NOTICE CONTAINING THE
ADVERSE DETERMINATION. NOTICE OF THE RIGHT TO COMMENCE SUCH A  PETITION,
AND  THE  TIME  PERIOD  THEREFOR, SHALL BE INCLUDED IN THE NOTICE OF THE
DETERMINATION. DISCLOSURE FOLLOWING SUCH A PETITION SHALL  NOT  BE  MADE
PRIOR TO THE DISPOSITION OF SUCH REVIEW.
  9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
person licensed to carry or possess a pistol or revolver  may  apply  at
any  time  to  his  OR HER licensing officer for amendment of his OR HER
license to include one or more such weapons or to  cancel  weapons  held
under  license.  If  granted,  a  record of the amendment describing the
weapons involved shall be filed by the licensing officer in  the  execu-
tive department, division of state police, Albany. THE SUPERINTENDENT OF
STATE  POLICE  MAY AUTHORIZE THAT SUCH AMENDMENT BE COMPLETED AND TRANS-
MITTED TO THE STATE POLICE  IN  ELECTRONIC  FORM.  Notification  of  any
change  of residence shall be made in writing by any licensee within ten
days after such change occurs, and a record  of  such  change  shall  be
inscribed  by  such  licensee on the reverse side of his OR HER license.
Elsewhere than in the city of New York, and in the  counties  of  Nassau
and  Suffolk,  such  notification shall be made to the executive depart-
ment, division of state police, Albany, and in the city of New  York  to
the police commissioner of that city, and in the county of Nassau to the
police  commissioner of that county, and in the county of Suffolk to the
licensing officer of that county, who shall, within ten days after  such
notification  shall be received by him OR HER, give notice in writing of
such change to the executive department, division of  state  police,  at
Albany.
  10.  License:  expiration,  certification and renewal. (A) Any license
for gunsmith or dealer in firearms and, in the city  of  New  York,  any
license  to  carry  or  possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first  day  of  July,  nineteen
hundred  sixty-three  and not limited to expire on an earlier date fixed
in the license, shall expire not more than three years after the date of
issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
license  to  carry  or  possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first  day  of  July,  nineteen
hundred  sixty-three  and not limited to expire on an earlier date fixed
in the license, shall expire not more than five years after the date  of
issuance;  however, in the county of Westchester, any such license shall

S. 2230                            31                            A. 2388

be certified prior to the first day of April, two thousand,  in  accord-
ance  with  a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal  justice  services,  and  every
such  license  shall  be  recertified  every  five years thereafter. For
purposes of this section certification  shall  mean  that  the  licensee
shall  provide  to the licensing officer the following information only:
current name, date of birth, current address, and the make, model, cali-
ber and serial number of all firearms currently possessed. Such  certif-
ication  information shall be filed by the licensing officer in the same
manner as an amendment. Elsewhere than in the city of New York  and  the
counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
section  or prior to the first day of July, nineteen hundred sixty-three
and not previously revoked or cancelled, shall be in  force  and  effect
until  revoked  as herein provided. Any license not previously cancelled
or revoked shall remain in full force and effect for thirty days  beyond
the  stated  expiration date on such license. Any application to renew a
license that has not previously expired, been revoked or cancelled shall
thereby extend the term of the license until disposition of the applica-
tion by the licensing officer. In the case of a license for gunsmith  or
dealer  in  firearms,  in  counties having a population of less than two
hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
submitted  on  original applications and upon renewal thereafter only at
six year intervals. Upon  satisfactory  proof  that  a  currently  valid
original  license has been despoiled, lost or otherwise removed from the
possession of the licensee and upon application containing an additional
photograph of the licensee, the licensing officer shall issue  a  dupli-
cate license.
  (B) ALL LICENSEES SHALL BE RECERTIFIED TO THE DIVISION OF STATE POLICE
EVERY  FIVE  YEARS  THEREAFTER.  ANY LICENSE ISSUED BEFORE THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  THIRTEEN  WHICH  ADDED
THIS PARAGRAPH SHALL BE RECERTIFIED BY THE LICENSEE ON OR BEFORE JANUARY
THIRTY-FIRST, TWO THOUSAND EIGHTEEN, AND NOT LESS THAN ONE YEAR PRIOR TO
SUCH  DATE,  THE STATE POLICE SHALL SEND A NOTICE TO ALL LICENSE HOLDERS
WHO HAVE NOT RECERTIFIED BY SUCH TIME.  SUCH RECERTIFICATION SHALL BE IN
A FORM AS APPROVED BY THE SUPERINTENDENT OF STATE  POLICE,  WHICH  SHALL
REQUEST THE LICENSE HOLDER'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDEN-
TIAL ADDRESS, SOCIAL SECURITY NUMBER, FIREARMS POSSESSED BY SUCH LICENSE
HOLDER,  EMAIL ADDRESS AT THE OPTION OF THE LICENSE HOLDER AND AN AFFIR-
MATION THAT SUCH  LICENSE  HOLDER  IS  NOT  PROHIBITED  FROM  POSSESSING
FIREARMS.  THE FORM MAY BE IN AN ELECTRONIC FORM IF SO DESIGNATED BY THE
SUPERINTENDENT OF STATE POLICE. FAILURE TO  RECERTIFY  SHALL  ACT  AS  A
REVOCATION  OF SUCH LICENSE.  IF THE NEW YORK STATE POLICE DISCOVER AS A
RESULT OF THE RECERTIFICATION PROCESS THAT A LICENSEE FAILED TO  PROVIDE
A  CHANGE  OF  ADDRESS,  THE NEW YORK STATE POLICE SHALL NOT REQUIRE THE
LICENSING OFFICER TO REVOKE SUCH LICENSE.
  11. License: revocation and suspension. (A) The conviction of a licen-
see anywhere of a felony or serious offense OR A LICENSEE  AT  ANY  TIME
BECOMING INELIGIBLE TO OBTAIN A LICENSE UNDER THIS SECTION shall operate
as a revocation of the license. A license may be revoked or suspended as
provided  for in section 530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act. Except for a  license
issued  pursuant  to  section  400.01  of this article, a license may be
revoked and cancelled at any time in the city of New York,  and  in  the
counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
than in the city of New York by any judge  or  justice  of  a  court  of

S. 2230                            32                            A. 2388

record;  a license issued pursuant to section 400.01 of this article may
be revoked and cancelled at any time by the  licensing  officer  or  any
judge  or  justice of a court of record. The official revoking a license
shall give written notice thereof without unnecessary delay to the exec-
utive department, division of state police, Albany, and shall also noti-
fy immediately the duly constituted police authorities of the locality.
  (B) WHENEVER THE DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE
MAKES  A  REPORT PURSUANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW, THE
DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  CONVEY  SUCH  INFORMATION,
WHENEVER  IT  DETERMINES THAT THE PERSON NAMED IN THE REPORT POSSESSES A
LICENSE ISSUED PURSUANT TO THIS SECTION, TO  THE  APPROPRIATE  LICENSING
OFFICIAL, WHO SHALL ISSUE AN ORDER SUSPENDING OR REVOKING SUCH LICENSE.
  (C)  IN  ANY  INSTANCE  IN  WHICH  A  PERSON'S LICENSE IS SUSPENDED OR
REVOKED UNDER PARAGRAPH (A) OR (B)  OF  THIS  SUBDIVISION,  SUCH  PERSON
SHALL  SURRENDER  SUCH LICENSE TO THE APPROPRIATE LICENSING OFFICIAL AND
ANY AND ALL FIREARMS, RIFLES, OR SHOTGUNS OWNED  OR  POSSESSED  BY  SUCH
PERSON  SHALL BE SURRENDERED TO AN APPROPRIATE LAW ENFORCEMENT AGENCY AS
PROVIDED IN SUBPARAGRAPH (F)  OF  PARAGRAPH  ONE  OF  SUBDIVISION  A  OF
SECTION  265.20  OF  THIS  CHAPTER.  IN THE EVENT SUCH LICENSE, FIREARM,
SHOTGUN, OR RIFLE IS NOT SURRENDERED, SUCH ITEMS SHALL  BE  REMOVED  AND
DECLARED  A  NUISANCE  AND  ANY  POLICE  OFFICER OR PEACE OFFICER ACTING
PURSUANT TO HIS OR HER SPECIAL DUTIES IS AUTHORIZED TO  REMOVE  ANY  AND
ALL SUCH WEAPONS.
  12.  Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
approved  as to form, except in the city of New York, by the superinten-
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date,  name,  age,  occupation
and residence of any person from whom a firearm is received or to whom a
firearm  is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or  iden-
tification  mark  on  such  firearm.  Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the  same,  or  proof  of  lawful
authority  as  an exempt person pursuant to section 265.20. In addition,
before delivering a firearm to a peace officer, the licensee shall veri-
fy that person's status as a peace officer with the  division  of  state
police.  After  completing  the foregoing, the licensee shall remove and
retain the attached coupon and enter in the record book the date of such
license, number, if any, and name of the licensing officer, in the  case
of  the  holder of a license to carry or possess, or the shield or other
number, if any, assignment and department, unit or agency, in  the  case
of an exempt person.  The original transaction report shall be forwarded
to  the division of state police within ten days of delivering a firearm
to any person, and a duplicate copy shall be kept by the  licensee.  THE
SUPERINTENDENT  OF  STATE POLICE MAY DESIGNATE THAT SUCH RECORD SHALL BE
COMPLETED AND TRANSMITTED IN ELECTRONIC FORM.  A DEALER MAY BE GRANTED A
WAIVER FROM TRANSMITTING SUCH RECORDS IN ELECTRONIC FORM IF  THE  SUPER-
INTENDENT  DETERMINES THAT SUCH DEALER IS INCAPABLE OF SUCH TRANSMISSION
DUE TO TECHNOLOGICAL LIMITATIONS THAT  ARE  NOT  REASONABLY  WITHIN  THE
CONTROL  OF  THE DEALER, OR OTHER EXCEPTIONAL CIRCUMSTANCES DEMONSTRATED
BY THE DEALER, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION,  AND  AT
THE DISCRETION OF THE SUPERINTENDENT. RECORDS ASSEMBLED OR COLLECTED FOR
PURPOSES OF INCLUSION IN THE DATABASE CREATED PURSUANT TO SECTION 400.02
OF  THIS  ARTICLE SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE
SIX OF THE PUBLIC OFFICERS LAW. The record book shall be  maintained  on

S. 2230                            33                            A. 2388

the premises mentioned and described in the license and shall be open at
all  reasonable hours for inspection by any peace officer, acting pursu-
ant to his special duties, or police officer. In the event of  cancella-
tion or revocation of the license for gunsmith or dealer in firearms, or
discontinuance  of  business  by  a  licensee, such record book shall be
immediately surrendered to the licensing officer  in  the  city  of  New
York,  and  in  the counties of Nassau and Suffolk, and elsewhere in the
state to the executive department, division of state police.
  15. Any violation by any person of any provision of this section is  a
class A misdemeanor.
  16-A.  REGISTRATION. (A) AN OWNER OF A WEAPON DEFINED IN PARAGRAPH (E)
OR (F) OF SUBDIVISION TWENTY-TWO OF  SECTION  265.00  OF  THIS  CHAPTER,
POSSESSED  BEFORE  THE  DATE OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MUST  MAKE  AN
APPLICATION  TO  REGISTER  SUCH  WEAPON WITH THE SUPERINTENDENT OF STATE
POLICE, IN THE MANNER PROVIDED BY THE SUPERINTENDENT, OR BY  AMENDING  A
LICENSE ISSUED PURSUANT TO THIS SECTION WITHIN ONE YEAR OF THE EFFECTIVE
DATE  OF  THIS  SUBDIVISION EXCEPT ANY WEAPON DEFINED UNDER SUBPARAGRAPH
(VI) OF PARAGRAPH (G) OF SUBDIVISION TWENTY-TWO  OF  SECTION  265.00  OF
THIS  CHAPTER  TRANSFERRED INTO THE STATE MAY BE REGISTERED AT ANY TIME,
PROVIDED SUCH WEAPONS ARE REGISTERED WITHIN THIRTY DAYS OF THEIR  TRANS-
FER  INTO  THE  STATE. REGISTRATION INFORMATION SHALL INCLUDE THE REGIS-
TRANT'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDENTIAL  ADDRESS,  SOCIAL
SECURITY  NUMBER  AND  A  DESCRIPTION OF EACH WEAPON BEING REGISTERED. A
REGISTRATION OF ANY WEAPON DEFINED UNDER SUBPARAGRAPH (VI) OF  PARAGRAPH
(G)  OF  SUBDIVISION TWENTY-TWO OF SECTION 265.00 OR A FEEDING DEVICE AS
DEFINED UNDER SUBDIVISION TWENTY-THREE OF SECTION 265.00 OF THIS CHAPTER
SHALL BE TRANSFERABLE, PROVIDED  THAT  THE  SELLER  NOTIFIES  THE  STATE
POLICE  WITHIN  SEVENTY-TWO HOURS OF THE TRANSFER AND THE BUYER PROVIDES
THE STATE POLICE WITH INFORMATION SUFFICIENT TO CONSTITUTE  A  REGISTRA-
TION  UNDER  THIS  SECTION. SUCH REGISTRATION SHALL NOT BE VALID IF SUCH
REGISTRANT IS PROHIBITED OR BECOMES PROHIBITED FROM POSSESSING A FIREARM
PURSUANT TO STATE OR FEDERAL LAW.   THE SUPERINTENDENT  SHALL  DETERMINE
WHETHER  SUCH  REGISTRANT  IS PROHIBITED FROM POSSESSING A FIREARM UNDER
STATE OR FEDERAL LAW.  SUCH CHECK SHALL BE LIMITED TO DETERMINING WHETH-
ER THE FACTORS IN 18 USC 922 (G) APPLY OR  WHETHER A REGISTRANT HAS BEEN
CONVICTED OF A SERIOUS OFFENSE AS DEFINED IN  SUBDIVISION  SIXTEEN-B  OF
SECTION  265.00  OF THIS CHAPTER, SO AS TO PROHIBIT SUCH REGISTRANT FROM
POSSESSING A FIREARM, AND WHETHER A REPORT HAS BEEN ISSUED  PURSUANT  TO
SECTION 9.46 OF THE MENTAL HYGIENE LAW.  ALL REGISTRANTS SHALL RECERTIFY
TO THE DIVISION OF STATE POLICE EVERY FIVE YEARS THEREAFTER.  FAILURE TO
RECERTIFY SHALL RESULT IN A REVOCATION OF SUCH REGISTRATION.
  (B)  THE  SUPERINTENDENT  OF STATE POLICE SHALL CREATE AND MAINTAIN AN
INTERNET WEBSITE TO EDUCATE THE PUBLIC AS TO WHICH SEMIAUTOMATIC  RIFLE,
SEMIAUTOMATIC SHOTGUN OR SEMIAUTOMATIC PISTOL OR WEAPON THAT ARE ILLEGAL
AS  A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
THIRTEEN WHICH ADDED THIS PARAGRAPH, AS WELL  AS  SUCH  ASSAULT  WEAPONS
WHICH  ARE  ILLEGAL  PURSUANT  TO ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS
CHAPTER. SUCH WEBSITE SHALL CONTAIN INFORMATION TO ASSIST THE PUBLIC  IN
RECOGNIZING THE RELEVANT FEATURES PROSCRIBED BY SUCH ARTICLE TWO HUNDRED
SIXTY-FIVE,  AS  WELL  AS  WHICH  MAKE AND MODEL OF WEAPONS THAT REQUIRE
REGISTRATION.
  (C) A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON,  AS
REQUIRED  BY  THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS  PARAGRAPH
SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO UNKNOWINGLY

S. 2230                            34                            A. 2388

FAILS  TO VALIDLY REGISTER SUCH WEAPON WITHIN SUCH ONE YEAR PERIOD SHALL
BE GIVEN A WARNING BY AN APPROPRIATE  LAW  ENFORCEMENT  AUTHORITY  ABOUT
SUCH  FAILURE  AND  GIVEN THIRTY DAYS IN WHICH TO APPLY TO REGISTER SUCH
WEAPON  OR  TO SURRENDER IT. A FAILURE TO APPLY OR SURRENDER SUCH WEAPON
WITHIN SUCH THIRTY-DAY PERIOD SHALL RESULT IN SUCH WEAPON BEING  REMOVED
BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY AND DECLARED A NUISANCE.
  16-B.  THE COST OF THE SOFTWARE, PROGRAMMING AND INTERFACE REQUIRED TO
TRANSMIT ANY RECORD THAT MUST BE ELECTRONICALLY TRANSMITTED BY THE DEAL-
ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
CHAPTER SHALL BE BORNE BY THE STATE.
  S 49. The penal law is amended by adding a new section 400.02 to  read
as follows:
S 400.02 STATEWIDE LICENSE AND RECORD DATABASE.
  THERE  SHALL BE A STATEWIDE LICENSE AND RECORD DATABASE WHICH SHALL BE
CREATED AND MAINTAINED BY THE DIVISION OF STATE POLICE THE COST OF WHICH
SHALL NOT BE BORNE BY ANY MUNICIPALITY.  RECORDS ASSEMBLED OR  COLLECTED
FOR  PURPOSES  OF  INCLUSION  IN  SUCH  DATABASE SHALL NOT BE SUBJECT TO
DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS  LAW.  RECORDS
CONTAINING GRANTED LICENSE APPLICATIONS SHALL BE PERIODICALLY CHECKED BY
THE  DIVISION  OF CRIMINAL JUSTICE SERVICES AGAINST CRIMINAL CONVICTION,
MENTAL HEALTH, AND ALL OTHER RECORDS AS ARE NECESSARY TO DETERMINE THEIR
CONTINUED ACCURACY AS WELL AS WHETHER   AN INDIVIDUAL  IS  NO  LONGER  A
VALID  LICENSE  HOLDER.  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
ALSO CHECK PENDING APPLICATIONS MADE PURSUANT TO  THIS  ARTICLE  AGAINST
SUCH  RECORDS  TO  DETERMINE WHETHER A LICENSE MAY BE GRANTED. ALL STATE
AGENCIES SHALL COOPERATE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES,
AS OTHERWISE AUTHORIZED BY LAW, IN MAKING THEIR  RECORDS  AVAILABLE  FOR
SUCH CHECKS. THE DIVISION OF CRIMINAL JUSTICE SERVICES, UPON DETERMINING
THAT AN INDIVIDUAL IS INELIGIBLE TO POSSESS A LICENSE, OR IS NO LONGER A
VALID  LICENSE HOLDER, SHALL NOTIFY THE APPLICABLE LICENSING OFFICIAL OF
SUCH DETERMINATION AND SUCH LICENSING OFFICIAL SHALL NOT ISSUE A LICENSE
OR REVOKE SUCH LICENSE AND ANY WEAPONS OWNED OR POSSESSED BY SUCH  INDI-
VIDUAL  SHALL  BE  REMOVED CONSISTENT WITH THE PROVISIONS OF SUBDIVISION
ELEVEN OF SECTION 400.00 OF THIS ARTICLE. LOCAL AND STATE  LAW  ENFORCE-
MENT SHALL HAVE ACCESS TO SUCH DATABASE, AS OTHERWISE AUTHORIZED BY LAW,
IN  THE  PERFORMANCE OF THEIR DUTIES. RECORDS ASSEMBLED OR COLLECTED FOR
PURPOSES OF INCLUSION IN THE DATABASE ESTABLISHED BY THIS SECTION  SHALL
BE RELEASED PURSUANT TO A COURT ORDER.
  S  50. The penal law is amended by adding a new section 400.03 to read
as follows:
S 400.03 SELLERS OF AMMUNITION.
  1. A SELLER OF AMMUNITION AS DEFINED  IN  SUBDIVISION  TWENTY-FOUR  OF
SECTION 265.00 OF THIS CHAPTER SHALL REGISTER WITH THE SUPERINTENDENT OF
STATE  POLICE IN A MANNER PROVIDED BY THE SUPERINTENDENT.  ANY DEALER IN
FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO  SECTION  400.00  OF  THIS
ARTICLE SHALL NOT BE REQUIRED TO COMPLETE SUCH REGISTRATION.
  2.  ANY SELLER OF AMMUNITION OR DEALER IN FIREARMS SHALL KEEP A RECORD
BOOK APPROVED AS TO FORM BY THE SUPERINTENDENT OF STATE POLICE.  IN  THE
RECORD  BOOK SHALL BE ENTERED AT THE TIME OF EVERY TRANSACTION INVOLVING
AMMUNITION THE DATE, NAME, AGE, OCCUPATION AND RESIDENCE OF  ANY  PERSON
FROM WHOM AMMUNITION IS RECEIVED OR TO WHOM AMMUNITION IS DELIVERED, AND
THE  AMOUNT, CALIBRE, MANUFACTURER'S NAME AND SERIAL NUMBER, OR IF NONE,
ANY OTHER DISTINGUISHING NUMBER OR IDENTIFICATION MARK ON  SUCH  AMMUNI-
TION.  THE RECORD BOOK SHALL BE MAINTAINED ON THE PREMISES MENTIONED AND
DESCRIBED  IN  THE LICENSE AND SHALL BE OPEN AT ALL REASONABLE HOURS FOR
INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO HIS OR  HER  SPECIAL

S. 2230                            35                            A. 2388

DUTIES, OR POLICE OFFICER.  ANY RECORD PRODUCED PURSUANT TO THIS SECTION
AND  ANY  TRANSMISSION  THEREOF  TO  ANY  GOVERNMENT AGENCY SHALL NOT BE
CONSIDERED A PUBLIC RECORD FOR PURPOSES OF ARTICLE  SIX  OF  THE  PUBLIC
OFFICERS LAW.
  3.  NO  LATER  THAN  THIRTY DAYS AFTER THE SUPERINTENDENT OF THE STATE
POLICE CERTIFIES THAT THE STATEWIDE LICENSE AND RECORD  DATABASE  ESTAB-
LISHED PURSUANT TO SECTION 400.02 OF THIS ARTICLE IS OPERATIONAL FOR THE
PURPOSES  OF  THIS  SECTION,  A  DEALER IN FIREARMS LICENSED PURSUANT TO
SECTION 400.00 OF THIS ARTICLE, A SELLER OF  AMMUNITION  AS  DEFINED  IN
SUBDIVISION  TWENTY-FOUR  OF  SECTION  265.00  OF THIS CHAPTER SHALL NOT
TRANSFER ANY AMMUNITION TO ANY OTHER PERSON  WHO  IS  NOT  A  DEALER  IN
FIREARMS  AS  DEFINED  IN  SUBDIVISION  NINE OF SUCH SECTION 265.00 OR A
SELLER OF AMMUNITION AS DEFINED IN SUBDIVISION  TWENTY-FOUR  OF  SECTION
265.00 OF THIS CHAPTER, UNLESS:
  (A)  BEFORE  THE  COMPLETION  OF  THE TRANSFER, THE LICENSEE OR SELLER
CONTACTS THE STATEWIDE LICENSE AND  RECORD  DATABASE  AND  PROVIDES  THE
DATABASE  WITH INFORMATION SUFFICIENT TO IDENTIFY SUCH DEALER OR SELLER,
TRANSFEREE BASED ON INFORMATION ON THE TRANSFEREE'S IDENTIFICATION DOCU-
MENT AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION,  AS  WELL  AS  THE
AMOUNT,  CALIBRE, MANUFACTURER'S NAME AND SERIAL NUMBER, IF ANY, OF SUCH
AMMUNITION;
  (B) THE SYSTEM PROVIDES THE LICENSEE OR SELLER WITH A UNIQUE IDENTIFI-
CATION NUMBER; AND
  (C) THE TRANSFEROR HAS VERIFIED THE  IDENTITY  OF  THE  TRANSFEREE  BY
EXAMINING A VALID STATE IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED
BY  THE DEPARTMENT OF MOTOR VEHICLES OR IF THE TRANSFEREE IS NOT A RESI-
DENT OF THE STATE OF NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED BY
THE TRANSFEREE'S STATE OR COUNTRY OF RESIDENCE CONTAINING  A  PHOTOGRAPH
OF THE TRANSFEREE.
  4.  IF  THE  DATABASE  DETERMINES  THAT THE PURCHASER OF AMMUNITION IS
ELIGIBLE TO POSSESS AMMUNITION PURSUANT TO STATE AND FEDERAL  LAWS,  THE
SYSTEM SHALL:
  (A) ASSIGN A UNIQUE IDENTIFICATION NUMBER TO THE TRANSFER; AND
  (B) PROVIDE THE LICENSEE OR SELLER WITH THE NUMBER.
  5.  IF THE STATEWIDE LICENSE AND RECORD DATABASE NOTIFIES THE LICENSEE
OR SELLER THAT THE INFORMATION AVAILABLE TO THE DATABASE DOES NOT DEMON-
STRATE THAT THE RECEIPT OF AMMUNITION BY SUCH OTHER PERSON WOULD VIOLATE
18 U.S.C. 922(G) OR STATE LAW, AND THE LICENSEE TRANSFERS AMMUNITION  TO
SUCH OTHER PERSON, THE LICENSEE SHALL INDICATE TO THE DATABASE THAT SUCH
TRANSACTION  HAS  BEEN  COMPLETED AT WHICH POINT A RECORD OF SUCH TRANS-
ACTION SHALL BE CREATED WHICH SHALL BE ACCESSIBLE  BY  THE  DIVISION  OF
STATE  POLICE  AND  MAINTAINED FOR NO LONGER THAN ONE YEAR FROM POINT OF
PURCHASE, WHICH SHALL NOT BE INCORPORATED INTO THE DATABASE  ESTABLISHED
PURSUANT  TO  SECTION 400.02 OF THIS ARTICLE OR THE REGISTRY ESTABLISHED
PURSUANT TO SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS ARTICLE. THE
DIVISION OF STATE POLICE MAY SHARE SUCH INFORMATION  WITH  A  LOCAL  LAW
ENFORCEMENT  AGENCY.    EVIDENCE  OF  THE  PURCHASE OF AMMUNITION IS NOT
SUFFICIENT TO ESTABLISH PROBABLE CAUSE TO BELIEVE THAT THE PURCHASER HAS
COMMITTED A CRIME ABSENT OTHER INFORMATION TENDING TO PROVE THE  COMMIS-
SION  OF A CRIME. RECORDS ASSEMBLED OR ACCESSED PURSUANT TO THIS SECTION
SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC
OFFICERS LAW. THIS REQUIREMENT OF THIS SECTION SHALL NOT APPLY (I) IF  A
BACKGROUND  CHECK  CANNOT  BE COMPLETED BECAUSE THE SYSTEM IS NOT OPERA-
TIONAL AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, OR WHERE  IT
CANNOT  BE ACCESSED BY THE PRACTITIONER DUE TO A TEMPORARY TECHNOLOGICAL
OR ELECTRICAL FAILURE, AS SET FORTH IN REGULATION, OR (II) A  DEALER  OR

S. 2230                            36                            A. 2388

SELLER  HAS  BEEN GRANTED A WAIVER FROM CONDUCTING SUCH BACKGROUND CHECK
IF THE SUPERINTENDENT OF STATE POLICE DETERMINES  THAT  SUCH  DEALER  IS
INCAPABLE  OF  SUCH  CHECK DUE TO TECHNOLOGICAL LIMITATIONS THAT ARE NOT
REASONABLY  WITHIN  THE  CONTROL  OF  THE  DEALER,  OR OTHER EXCEPTIONAL
CIRCUMSTANCES DEMONSTRATED BY THE DEALER, PURSUANT TO A  PROCESS  ESTAB-
LISHED IN REGULATION, AND AT THE DISCRETION OF SUCH SUPERINTENDENT.
  6.  IF  THE  SUPERINTENDENT  OF STATE POLICE CERTIFIES THAT BACKGROUND
CHECKS OF AMMUNITION PURCHASERS MAY BE CONDUCTED  THROUGH  THE  NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM, USE OF THAT SYSTEM BY A DEALER
OR  SELLER  SHALL BE SUFFICIENT TO SATISFY SUBDIVISIONS FOUR AND FIVE OF
THIS SECTION AND SUCH CHECKS SHALL BE  CONDUCTED  THROUGH  SUCH  SYSTEM,
PROVIDED  THAT  A  RECORD  OF SUCH TRANSACTION SHALL BE FORWARDED TO THE
STATE POLICE IN A FORM DETERMINED BY THE SUPERINTENDENT.
  7. NO COMMERCIAL TRANSFER OF AMMUNITION  SHALL  TAKE  PLACE  UNLESS  A
LICENSED  DEALER  IN FIREARMS OR REGISTERED SELLER OF AMMUNITION ACTS AS
AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE  ULTIMATE  TRANSFEREE  OF
THE  AMMUNITION FOR THE PURPOSES OF CONTACTING THE STATEWIDE LICENSE AND
RECORD DATABASE PURSUANT TO THIS  SECTION.  SUCH  TRANSFER  BETWEEN  THE
DEALER OR SELLER, AND TRANSFEREE MUST OCCUR IN PERSON.
  8.  A  SELLER  OF  AMMUNITION  WHO  FAILS TO REGISTER PURSUANT TO THIS
SECTION AND SELLS AMMUNITION, FOR A FIRST OFFENSE, SHALL BE GUILTY OF  A
VIOLATION  AND  SUBJECT  TO  THE  FINE OF ONE THOUSAND DOLLARS AND FOR A
SECOND OFFENSE, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  A SELLER OF AMMUNITION THAT FAILS TO KEEP ANY RECORD REQUIRED PURSUANT
TO THIS SECTION, FOR A FIRST OFFENSE SHALL BE GUILTY OF A VIOLATION  AND
SUBJECT  TO  A  FINE  OF  FIVE HUNDRED DOLLARS, AND FOR A SECOND OFFENSE
SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AND THE REGISTRATION  OF  SUCH
SELLER SHALL BE REVOKED.
  S  51. Section 400.10 of the penal law, as added by chapter 531 of the
laws of 1984, and subdivision 1 as amended and subdivision 3 as added by
chapter 189 of the laws of 2000, is amended to read as follows:
S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
  1. (a) Any owner or other person lawfully  in  possession  of:  (I)  a
firearm, rifle or, shotgun who suffers the loss or theft of said weapon;
(II)  AMMUNITION  AS WELL AS A FIREARM, RIFLE OR SHOTGUN WHO SUFFERS THE
LOSS OR THEFT OF SUCH AMMUNITION AS WELL AS A FIREARM, RIFLE OR SHOTGUN;
OR (III) AMMUNITION AND IS A DEALER IN FIREARMS OR SELLER OF  AMMUNITION
WHO  SUFFERS  THE  LOSS OR THEFT OF SUCH AMMUNITION shall within twenty-
four hours of the discovery of the loss or theft report  the  facts  and
circumstances  of  the loss or theft to a police department or sheriff's
office.
  (b) Whenever a person reports the theft or loss of  a  firearm,  rifle
[or],  shotgun  OR  AMMUNITION  to  any  police  department or sheriff's
office, the officer or department receiving such  report  shall  forward
notice of such theft or loss to the division of state police via the New
York  Statewide  Police  Information  Network.  The notice shall contain
information in compliance with the New York Statewide Police Information
Network Operating Manual, including the caliber, make,  model,  manufac-
turer's  name  and  serial  number, if any, and any other distinguishing
number or identification mark on the weapon.
  2. The division of state police shall receive, collect  and  file  the
information referred to in subdivision one of this section. The division
shall  cooperate,  and  undertake  to  furnish  or make available to law
enforcement agencies this information, for the purpose  of  coordinating
law enforcement efforts to locate such weapons.

S. 2230                            37                            A. 2388

  3.  Notwithstanding  any  other provision of law, a violation of para-
graph (a) of subdivision one of this section shall be  [punishable  only
by a fine not to exceed one hundred dollars] A CLASS A MISDEMEANOR.
  S  52. The penal law is amended by adding a new section 460.22 to read
as follows:
S 460.22 AGGRAVATED ENTERPRISE CORRUPTION.
  A PERSON IS GUILTY OF AGGRAVATED ENTERPRISE CORRUPTION WHEN HE OR  SHE
COMMITS  THE  CRIME OF ENTERPRISE CORRUPTION AND TWO OR MORE OF THE ACTS
THAT CONSTITUTE HIS OR HER PATTERN OF  CRIMINAL  ACTIVITY  ARE  CLASS  B
FELONIES  OR HIGHER, AND AT LEAST TWO ACTS ARE ARMED FELONIES AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THE  CRIMI-
NAL  PROCEDURE  LAW  OR ONE ACT IS SUCH AN ARMED FELONY AND ONE ACT IS A
VIOLATION OF SUBDIVISION TWO OF SECTION 265.17 OF THIS  CHAPTER  OR  ONE
ACT  IS  A  CLASS B VIOLENT FELONY AND TWO ARE VIOLATIONS OF SUBDIVISION
TWO OF SECTION 265.17 OF THIS CHAPTER.
  AGGRAVATED ENTERPRISE CORRUPTION IS A CLASS A-I FELONY.
  S 53. The surrogate's court procedure act is amended by adding  a  new
section 2509 to read as follows:
S 2509. FIREARMS INVENTORY
  WHENEVER,  BY  REGULATION, RULE OR STATUTE, A FIDUCIARY OR ATTORNEY OF
RECORD MUST FILE A LIST OF ASSETS CONSTITUTING A DECEDENT'S ESTATE, SUCH
LIST MUST INCLUDE A PARTICULARIZED DESCRIPTION OF EVERY FIREARM, SHOTGUN
AND RIFLE, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW,
THAT ARE PART OF SUCH ESTATE. SUCH LIST MUST BE FILED  WITH  THE  SURRO-
GATE'S  COURT  IN  THE COUNTY IN WHICH THE ESTATE PROCEEDING, IF ANY, IS
PENDING AND A COPY MUST BE FILED WITH THE DIVISION OF  CRIMINAL  JUSTICE
SERVICES.
  S  54.  Section  18  of  chapter 408 of the laws of 1999, constituting
Kendra's Law, as amended by chapter 139 of the laws of 2010, is  amended
to read as follows:
  S  18.  This  act shall take effect immediately, provided that section
fifteen of this act shall take effect April 1, 2000, provided,  further,
that  subdivision (e) of section 9.60 of the mental hygiene law as added
by section six of this act shall be effective 90  days  after  this  act
shall  become law; and that this act shall expire and be deemed repealed
June 30, [2015] 2017.
  S 55. The education law is amended by adding a new section  2801-b  to
read as follows:
  S  2801-B. NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS.  THE GOVER-
NOR SHALL ESTABLISH NEW YORK  STATE  SCHOOL  SAFETY  IMPROVEMENT  TEAMS,
WHICH  MAY  BE COMPOSED OF REPRESENTATIVES FROM THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES, AND THE  DEPARTMENT.  SUCH  NEW  YORK
STATE  SCHOOL  SAFETY  IMPROVEMENT  TEAMS SHALL REVIEW AND ASSESS SCHOOL
SAFETY PLANS SUBMITTED, ON A VOLUNTARY BASIS, BY SCHOOL DISTRICTS HAVING
A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND  INHABITANTS,
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND COUNTY VOCATIONAL EDUCA-
TION  AND EXTENSION BOARDS, AND MAY MAKE RECOMMENDATIONS TO IMPROVE SUCH
SCHOOL SAFETY PLANS.
  S 56. Subdivision 6-c of section 3602 of the education law, as amended
by section 1 of part A-2 of chapter 62 of the laws of 2003,  is  amended
to read as follows:
  6-c. A. Building aid for metal detectors, and safety devices for elec-
trically  operated  partitions,  room dividers and doors. In addition to
the apportionments payable to a school district pursuant to  subdivision
six  of this section, the commissioner is hereby authorized to apportion

S. 2230                            38                            A. 2388

to any school district additional building aid pursuant to this subdivi-
sion for its approved expenditures in the base year for the purchase  of
stationary  metal  detectors, security cameras, safety devices for elec-
trically  operated  partitions  and  room  dividers required pursuant to
section four hundred nine-f of this chapter, or other  security  devices
approved  by  the  commissioner that increase the safety of students and
school personnel, provided, however, that funds  apportioned  to  school
districts pursuant to this section shall not supplant funds for existing
district  expenditures  or  for  existing contractual obligations of the
district for stationary metal detectors, security cameras, partition and
room divider safety devices, or security devices.  Portable or hand held
metal detectors shall not be eligible for aid pursuant to this  subdivi-
sion.  Such  additional  aid shall equal the product of the building aid
ratio computed for use in the current year pursuant to  paragraph  c  of
subdivision  six  of  this  section and the actual approved expenditures
incurred in the base year pursuant to this  subdivision,  provided  that
the limitations on cost allowances prescribed by paragraph a of subdivi-
sion six of this section shall not apply. The commissioner shall annual-
ly  prescribe a special cost allowance for metal detectors, and security
cameras, and the approved expenditures shall not exceed such cost allow-
ance. The commissioner shall annually prescribe a special cost allowance
for partition and room divider safety devices, and the approved expendi-
tures shall not exceed such cost allowance.
  B. FOR PROJECTS APPROVED BY THE  COMMISSIONER  AUTHORIZED  TO  RECEIVE
ADDITIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION FOR THE PURCHASE OF
STATIONARY  METAL  DETECTORS, SECURITY CAMERAS OR OTHER SECURITY DEVICES
APPROVED BY THE COMMISSIONER THAT INCREASE THE SAFETY  OF  STUDENTS  AND
SCHOOL  PERSONNEL,  PROVIDED  THAT  FOR  PURPOSES OF THIS PARAGRAPH SUCH
OTHER SECURITY DEVICES SHALL BE LIMITED TO ELECTRONIC  SECURITY  SYSTEMS
AND  HARDENED  DOORS,  AND  PROVIDED  THAT  FOR PROJECTS APPROVED BY THE
COMMISSIONER ON OR AFTER THE FIRST DAY OF JULY TWO THOUSAND THIRTEEN AND
BEFORE THE FIRST DAY OF JULY TWO THOUSAND SIXTEEN  SUCH  ADDITIONAL  AID
SHALL  EQUAL  THE PRODUCT OF (I) THE BUILDING AID RATIO COMPUTED FOR USE
IN THE CURRENT YEAR PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX  OF  THIS
SECTION  PLUS  TEN  PERCENTAGE POINTS, EXCEPT THAT IN NO CASE SHALL THIS
AMOUNT EXCEED ONE HUNDRED PERCENT, AND (II) THE ACTUAL APPROVED EXPENDI-
TURES INCURRED IN THE BASE YEAR PURSUANT TO THIS  SUBDIVISION,  PROVIDED
THAT  THE  LIMITATIONS  ON  COST ALLOWANCES PRESCRIBED BY PARAGRAPH A OF
SUBDIVISION SIX OF THIS SECTION SHALL NOT APPLY,  AND  PROVIDED  FURTHER
THAT  ANY  PROJECTS  AIDED  UNDER  THIS  PARAGRAPH MUST BE INCLUDED IN A
DISTRICT'S SCHOOL SAFETY PLAN. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE
A SPECIAL COST ALLOWANCE FOR METAL DETECTORS, AND SECURITY CAMERAS,  AND
THE APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
  S  57.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S 58. This act shall take effect immediately; provided, however, that:
  a. Sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen,  seventeen,  eigh-
teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty-
four, twenty-five, twenty-six, twenty-six-a, twenty-seven, twenty-eight,
twenty-nine, thirty, thirty-one, thirty-two, thirty-three,  thirty-four,

S. 2230                            39                            A. 2388

thirty-five,  thirty-six,  thirty-nine,  forty,  forty-one, forty-one-a,
forty-one-b, forty-two, forty-three, forty-five, forty-six, forty-six-a,
forty-seven, fifty-one, fifty-two, fifty-three, fifty-four,  fifty-five,
and fifty-six of this act shall take effect on the sixtieth day after it
shall have become a law;
  b. The amendments to subdivision 23 of section 265.00 of the penal law
made  by section thirty-eight of this act shall take effect on the nine-
tieth day after this act shall have become a law, except that the amend-
ments made to paragraph (a) of subdivision 23 shall  take  effect  imme-
diately;
  c.  The  amendments  to subdivision 1, paragraph (a) of subdivision 3,
and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
penal law made by section forty-eight of this act shall take effect  one
year after this act shall have become a law;
  d.  The  amendments to subdivision 16-a of section 400.00 of the penal
law made by section forty-eight of this act shall  take  effect  on  the
ninetieth day after this act shall have become a law;
  e.  The amendments to sections 400.02 and 400.03 of the penal law made
by sections forty-nine and fifty of this act shall take effect one  year
after it shall have become a law; and
  f. The amendments to subdivision (b) of section 9.47 and sections 9.48
and  9.60 of the mental hygiene law made by sections twenty-one, twenty-
two and twenty-three of this act shall not  affect  the  expiration  and
repeal of such paragraph and sections and shall be deemed repealed ther-
ewith.

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