Assembly Bill A6187

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

                                  6187

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER, SCHROEDER, DelMONTE, LUPARDO --
  Multi-Sponsored by -- M.  of A. QUINN -- read once and referred to the
  Committee on Codes

AN ACT to amend the  penal  law,  in  relation  to  licenses  to  carry,
  possess, repair and dispose of firearms

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

  Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section
400.00 of the penal law, paragraph (f) of subdivision 2  as  amended  by
chapter  189 of the laws of 2000 and subdivision 4 as amended by chapter
331 of the laws of 2005, are amended to read as follows:
  (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
  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. 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 inves-
tigating officer of the police authority.  THE POLICE AUTHORITY  IN  THE
LOCALITY  WHERE  THE  APPLICATION  IS MADE SHALL CONDUCT A SEARCH OF THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS).  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  application 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08936-01-9
              

A. 6187                             2

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 pursu-
ant to his special duties, or a police officer, except  on  order  of  a
judge or justice of a court of record either upon notice to the licensee
or  without  notice,  as the judge or justice may deem appropriate. Upon
completion of the investigation, the police authority shall  report  the
results to the licensing officer without unnecessary delay.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.