S T A T E O F N E W Y O R K
________________________________________________________________________
9458
I N S E N A T E
May 30, 2022
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the purchase or taking
possession of a semiautomatic rifle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 3, 6, 7, 8, 9 and 14 of section 400.00 of
the penal law, subdivisions 2 and 8 as amended by chapter 189 of the
laws of 2000, paragraph (a) of subdivision 3 and subdivision 9 as
amended by chapter 1 of the laws of 2013, paragraph (b) of subdivision 3
as added by chapter 778 of the laws of 1985, subdivision 6 as amended by
chapter 104 of the laws of 2019, and subdivision 14 as amended by chap-
ter 195 of the laws of 2005, are amended to read as follows:
2. Types of licenses. A license for gunsmith or dealer in firearms
shall be issued to engage in such business. A LICENSE FOR A SEMIAUTO-
MATIC RIFLE, OTHER THAN AN ASSAULT WEAPON OR DISGUISED GUN, SHALL BE
ISSUED TO PURCHASE OR TAKE POSSESSION OF SUCH A FIREARM WHEN SUCH TRANS-
FER OF OWNERSHIP OCCURS ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION. A
license for a pistol or revolver, other than an assault weapon or a
disguised gun, shall be issued to (a) have and possess in his dwelling
by a householder; (b) have and possess in his place of business by a
merchant or storekeeper; (c) have and carry concealed while so employed
by a messenger employed by a banking institution or express company; (d)
have and carry concealed by a justice of the supreme court in the first
or second judicial departments, or by a judge of the New York city civil
court or the New York city criminal court; (e) have and carry concealed
while so employed by a regular employee of an institution of the state,
or of any county, city, town or village, under control of a commissioner
of correction of the city or any warden, superintendent or head keeper
of any state prison, penitentiary, workhouse, county jail or other
institution for the detention of persons convicted or accused of crime
or held as witnesses in criminal cases, provided that application is
made therefor by such commissioner, warden, superintendent or head keep-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16020-02-2
S. 9458 2
er; (f) have and carry concealed, without regard to employment or place
of possession, by any person when proper cause exists for the issuance
thereof; and (g) have, possess, collect and carry antique pistols which
are defined as follows: (i) any single shot, muzzle loading pistol with
a matchlock, flintlock, percussion cap, or similar type of ignition
system manufactured in or before l898, which is not designed for using
rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
ca of any pistol described in clause (i) hereof if such replica--
(1) is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition, or
(2) uses rimfire or conventional centerfire fixed ammunition which is
no longer manufactured in the United States and which is not readily
available in the ordinary channels of commercial trade.
3. Applications. (a) Applications shall be made and renewed, in the
case of a license to carry or possess a pistol or revolver OR TO
PURCHASE OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE, 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 business 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, resi-
dence, 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 appli-
cation 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 or dealer in firearms, the photographs submit-
ted 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.
(b) Application for an exemption under paragraph seven-b of subdivi-
sion a of section 265.20 of this chapter. Each applicant desiring to
obtain the exemption set forth in paragraph seven-b of subdivision a of
section 265.20 of this chapter shall make such request in writing of the
licensing officer with whom his application for a license is filed, at
the time of filing such application. Such request shall include a signed
and verified statement by the person authorized to instruct and super-
vise the applicant, that has met with the applicant and that he has
determined that, in his judgment, said applicant does not appear to be
or poses a threat to be, a danger to himself or to others. He shall
S. 9458 3
include a copy of his certificate as an instructor in small arms, if he
is required to be certified, and state his address and telephone number.
He shall specify the exact location by name, address and telephone
number where such instruction will take place. Such licensing officer
shall, no later than ten business days after such filing, request the
duly constituted police authorities of the locality where such applica-
tion is made to investigate and ascertain any previous criminal record
of the applicant pursuant to subdivision four of this section. Upon
completion of this investigation, the police authority shall report the
results to the licensing officer without unnecessary delay. The licens-
ing officer shall no later than ten business days after the receipt of
such investigation, determine if the applicant has been previously
denied a license, been convicted of a felony, or been convicted of a
serious offense, and either approve or disapprove the applicant for
exemption purposes based upon such determinations. If the applicant is
approved for the exemption, the licensing officer shall notify the
appropriate duly constituted police authorities and the applicant. Such
exemption shall terminate if the application for the license is denied,
or at any earlier time based upon any information obtained by the
licensing officer or the appropriate police authorities which would
cause the license to be denied. The applicant and appropriate police
authorities shall be notified of any such terminations.
6. License: validity. Any license issued pursuant to this section
shall be valid notwithstanding the provisions of any local law or ordi-
nance. No license shall be transferable to any other person or prem-
ises. A license to carry or possess a pistol or revolver, OR TO PURCHASE
OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE, not otherwise limited as to
place or time of possession, shall be effective throughout the state,
except that the same shall not be valid within the city of New York
unless a special permit granting validity is issued by the police
commissioner of that city. Such license to carry or possess shall be
valid within the city of New York in the absence of a permit issued by
the police commissioner of that city, provided that (a) the firearms
covered by such license have been purchased from a licensed dealer with-
in the city of New York and are being transported out of said city
forthwith and immediately from said dealer by the licensee in a locked
container during a continuous and uninterrupted trip; or provided that
(b) the firearms covered by such license are being transported by the
licensee in a locked container and the trip through the city of New York
is continuous and uninterrupted; or provided that (c) the firearms
covered by such license are carried by armored car security guards
transporting money or other valuables, in, to, or from motor vehicles
commonly known as armored cars, during the course of their employment;
or provided that (d) the licensee is a retired police officer as police
officer is defined pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law or a retired federal law enforcement offi-
cer, as defined in section 2.15 of the criminal procedure law, who has
been issued a license by an authorized licensing officer as defined in
subdivision ten of section 265.00 of this chapter; provided, further,
however, that if such license was not issued in the city of New York it
must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
ment Officer", as the case may be, and, in the case of a retired officer
the license shall be deemed to permit only police or federal law
enforcement regulations weapons; or provided that (e) the licensee is a
peace officer described in subdivision four of section 2.10 of the crim-
inal procedure law and the license, if issued by other than the city of
S. 9458 4
New York, is marked "New York State Tax Department Peace Officer" and in
such case the exemption shall apply only to the firearm issued to such
licensee by the department of taxation and finance. A license as
gunsmith or dealer in firearms shall not be valid outside the city or
county, as the case may be, where issued. Notwithstanding any inconsist-
ent provision of state or local law or rule or regulation, the premises
limitation set forth in any license to have and possess a pistol or
revolver in the licensee's dwelling or place of business pursuant to
paragraph (a) or (b) of subdivision two of this section shall not
prevent the transport of such pistol or revolver directly to or from (i)
another dwelling or place of business of the licensee where the licensee
is authorized to have and possess such pistol or revolver, (ii) an
indoor or outdoor shooting range that is authorized by law to operate as
such, (iii) a shooting competition at which the licensee may possess
such pistol or revolver consistent with the provisions of subdivision a
of section 265.20 of this chapter or consistent with the law applicable
at the place of such competition, or (iv) any other location where the
licensee is lawfully authorized to have and possess such pistol or
revolver; provided however, that during such transport to or from a
location specified in clauses (i) through (iv) of this paragraph, the
pistol or revolver shall be unloaded and carried in a locked container,
and the ammunition therefor shall be carried separately; provided
further, however, that a license to have and possess a pistol or revol-
ver in the licensee's dwelling or place of business pursuant to para-
graph (a) or (b) of subdivision two of this section that is issued by a
licensing officer other than the police commissioner of the city of New
York shall not authorize transport of a pistol or revolver into the city
of New York in the absence of written authorization to do so by the
police commissioner of that city. The term "locked container" shall not
include the glove compartment or console of a vehicle.
7. License: form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form by the super-
intendent of state police. A license to carry or possess a pistol or
revolver OR TO PURCHASE OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE
shall have attached the licensee's photograph, and a coupon which shall
be removed and retained by any person disposing of a firearm to the
licensee. [Such] A license TO CARRY OR POSSESS A PISTOL OR REVOLVER
shall specify the weapon covered by calibre, make, model, manufacturer's
name and serial number, or if none, by any other distinguishing number
or identification mark, and shall indicate whether issued to carry on
the person or possess on the premises, and if on the premises shall also
specify the place where the licensee shall possess the same. If such
license is issued to an alien, or to a person not a citizen of and
usually a resident in the state, the licensing officer shall state in
the license the particular reason for the issuance and the names of the
persons certifying to the good character of the applicant. Any license
as gunsmith or dealer in firearms shall mention and describe the prem-
ises for which it is issued and shall be valid only for such premises.
8. License: exhibition and display. Every licensee while carrying a
pistol or revolver shall have on his or her person a license to carry
the same. Every person licensed to possess a pistol or revolver on
particular premises shall have the license for the same on such prem-
ises. EVERY PERSON LICENSED TO PURCHASE OR TAKE POSSESSION OF A SEMIAU-
TOMATIC RIFLE SHALL HAVE THE LICENSE FOR THE SAME ON HIS OR HER PERSON
WHILE PURCHASING OR TAKING POSSESSION OF SUCH WEAPON. Upon demand, the
license shall be exhibited for inspection to any peace officer, who is
S. 9458 5
acting pursuant to his or her special duties, or police officer. A
license as gunsmith or dealer in firearms shall be prominently displayed
on the licensed premises. A gunsmith or dealer of firearms may conduct
business temporarily at a location other than the location specified on
the license if such temporary location is the location for a gun show or
event sponsored by any national, state, or local organization, or any
affiliate of any such organization devoted to the collection, compet-
itive use or other sporting use of firearms. Any sale or transfer at a
gun show must also comply with the provisions of article thirty-nine-DD
of the general business law. Records of receipt and disposition of
firearms transactions conducted at such temporary location shall include
the location of the sale or other disposition and shall be entered in
the permanent records of the gunsmith or dealer of firearms and retained
on the location specified on the license. Nothing in this section shall
authorize any licensee to conduct business from any motorized or towed
vehicle. A separate fee shall not be required of a licensee with respect
to business conducted under this subdivision. Any inspection or exam-
ination of inventory or records under this section at such temporary
location shall be limited to inventory consisting of, or records related
to, firearms held or disposed at such temporary locations. Failure of
any licensee to so exhibit or display his or her license, as the case
may be, shall be presumptive evidence that he or she is not duly
licensed.
9. License: amendment. Elsewhere than in the city of New York, a
person licensed to carry or possess a pistol or revolver OR TO PURCHASE
OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE 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 executive department, division
of state police, Albany. The superintendent of state police may author-
ize that such amendment be completed and transmitted 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 department, 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.
14. Fees. In the city of New York and the county of Nassau, the annual
license fee shall be twenty-five dollars for gunsmiths and fifty dollars
for dealers in firearms. In such city, the city council and in the coun-
ty of Nassau the Board of Supervisors shall fix the fee to be charged
for a license to carry or possess a pistol or revolver OR TO PURCHASE OR
TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE and provide for the disposition
of such fees. Elsewhere in the state, the licensing officer shall
collect and pay into the county treasury the following fees: for each
license to carry or possess a pistol or revolver OR TO PURCHASE OR TAKE
POSSESSION OF A SEMIAUTOMATIC RIFLE, not less than three dollars nor
more than ten dollars as may be determined by the legislative body of
the county; for each amendment thereto, three dollars, and five dollars
S. 9458 6
in the county of Suffolk; and for each license issued to a gunsmith or
dealer in firearms, ten dollars. The fee for a duplicate license shall
be five dollars. The fee for processing a license transfer between coun-
ties shall be five dollars. The fee for processing a license or renewal
thereof for a qualified retired police officer as defined under subdivi-
sion thirty-four of section 1.20 of the criminal procedure law, or a
qualified retired sheriff, undersheriff, or deputy sheriff of the city
of New York as defined under subdivision two of section 2.10 of the
criminal procedure law, or a qualified retired bridge and tunnel offi-
cer, sergeant or lieutenant of the triborough bridge and tunnel authori-
ty as defined under subdivision twenty of section 2.10 of the criminal
procedure law, or a qualified retired uniformed court officer in the
unified court system, or a qualified retired court clerk in the unified
court system in the first and second judicial departments, as defined in
paragraphs a and b of subdivision twenty-one of section 2.10 of the
criminal procedure law or a retired correction officer as defined in
subdivision twenty-five of section 2.10 of the criminal procedure law
shall be waived in all counties throughout the state.
§ 2. Subdivisions 1 and 3 of section 400.01 of the penal law, subdivi-
sion 1 as amended by chapter 511 of the laws of 2014 and subdivision 3
as added by chapter 210 of the laws of 1999, are amended to read as
follows:
1. A license to carry or possess a firearm OR TO PURCHASE OR TAKE
POSSESSION OF A SEMIAUTOMATIC RIFLE for a retired sworn member of the
division of state police shall be granted in the same manner and upon
the same terms and conditions as licenses issued under section 400.00 of
this article provided, however, that applications for such license may
be made to, and the licensing officer may be, the superintendent of
state police.
3. The provisions of this section shall only apply to license applica-
tions made or renewals which must be made on or after the effective date
of this section. A license to carry or possess a pistol or revolver OR
TO PURCHASE OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE issued pursuant
to the provisions of section 400.00 of this article to a person covered
by the provisions of this section shall be valid until such license
would have expired pursuant to the provisions of section 400.00 of this
article; provided that, on or after the effective date of this section,
an application or renewal of such license shall be made pursuant to the
provisions of this section.
§ 3. Subdivision 9 of section 265.00 of the penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
9. "Dealer in firearms" means any person, firm, partnership, corpo-
ration or company who engages in the business of purchasing, selling,
keeping for sale, loaning, leasing, or in any manner disposing of, any
assault weapon, large capacity ammunition feeding device, pistol [or],
revolver, OR SEMIAUTOMATIC RIFLE.
§ 4. Subdivision 7 of section 265.10 of the penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
7. Any person, other than a wholesale dealer, or gunsmith or dealer in
firearms duly licensed pursuant to section 400.00 OF THIS CHAPTER,
lawfully in possession of a firearm OR SEMIAUTOMATIC RIFLE, who disposes
of the same without first notifying in writing the licensing officer in
the city of New York and counties of Nassau and Suffolk and elsewhere in
the state the executive department, division of state police, Albany, is
guilty of a class A misdemeanor.
S. 9458 7
§ 5. The penal law is amended by adding a new section 265.65 to read
as follows:
§ 265.65 CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE.
A PERSON IS GUILTY OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE WHEN
HE OR SHE PURCHASES OR TAKES POSSESSION OF A SEMIAUTOMATIC RIFLE AND
DOES NOT POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF A SEMIAUTO-
MATIC RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS
CHAPTER.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IS A CLASS A MISDEMEANOR FOR
THE FIRST OFFENSE AND A CLASS E FELONY FOR SUBSEQUENT OFFENSES.
§ 6. The penal law is amended by adding a new section 265.66 to read
as follows:
§ 265.66 CRIMINAL SALE OF A SEMIAUTOMATIC RIFLE.
A PERSON IS GUILTY OF CRIMINAL SALE OF A SEMIAUTOMATIC RIFLE WHEN,
KNOWING OR HAVING REASON TO KNOW IT IS A SEMIAUTOMATIC RIFLE, HE OR SHE
SELLS, EXCHANGES, GIVES OR DISPOSES OF A SEMIAUTOMATIC RIFLE TO ANOTHER
PERSON AND SUCH OTHER PERSON DOES NOT POSSESS A LICENSE TO PURCHASE OR
TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE AS PROVIDED IN SUBDIVISION TWO
OF SECTION 400.00 OF THIS CHAPTER.
CRIMINAL SALE OF A SEMIAUTOMATIC RIFLE IS A CLASS E FELONY.
§ 7. Subdivision 10 of section 400.00 of the penal law is amended by
adding a new paragraph (c) to read as follows:
(C) A LICENSE TO PURCHASE OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE
AS DEFINED IN SUBDIVISION TWO OF THIS SECTION SHALL BE RECERTIFIED TO
THE APPLICABLE LICENSING OFFICER EVERY FIVE YEARS FOLLOWING THE ISSUANCE
OF SUCH LICENSE. FAILURE TO RENEW SUCH A LICENSE SHALL BE A VIOLATION
PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS, AND SUCH
FAILURE TO RENEW SHALL BE CONSIDERED BY THE LICENSING OFFICER WHEN
REVIEWING FUTURE LICENSE APPLICATIONS BY THE LICENSE HOLDER PURSUANT TO
THIS CHAPTER.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply only to purchases or transfers of
ownership made on or after such effective date.
