S T A T E O F N E W Y O R K
________________________________________________________________________
9388
I N A S S E M B L Y
February 24, 2012
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to pistol permit privacy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 400.00 of the penal law, as
amended by chapter 332 of the laws of 1994, is amended to read as
follows:
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 name and address of any person to whom an application for any
license has been granted shall be [a public record] CONFIDENTIAL AND
SHALL NOT BE MADE AVAILABLE EXCEPT AS SET FORTH IN PARAGRAPH (B) OF THIS
SUBDIVISION. Upon application by a licensee who has changed his place
of residence such records or applications shall be transferred to the
appropriate officer at the licensee's new place of residence. A dupli-
cate 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. Nothing in this subdivision shall be
construed to change the expiration date or term of such licenses if
otherwise provided for in law.
(B) THE DIVISION OF STATE POLICE SHALL MAINTAIN AN AUTOMATED LISTING
OF EVERY LICENSE HOLDER ISSUED A LICENSE FOR A PISTOL OR REVOLVER PURSU-
ANT TO THIS SECTION. SUCH LISTING SHALL BE MADE AVAILABLE, UPON REQUEST,
PROVIDED, THAT:
(I) ONLY REQUESTS RELATING TO A NAMED LICENSEE SHALL BE HONORED OR
MADE AVAILABLE ONLINE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05965-05-1
A. 9388 2
(II) A REQUEST FOR THE ENTIRE LIST OF LICENSEES, OR FOR ALL LICENSEES
IN A GEOGRAPHIC AREA, SHALL BE DENIED, EXCEPT TO ANY LAW ENFORCEMENT
AGENCY OR ANY ENTITY ACTING ON BEHALF OF OR PROVIDING SERVICES TO ANY
LAW ENFORCEMENT AGENCY.
FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "LAW ENFORCEMENT AGEN-
CY" SHALL MEAN THE DIVISION OF STATE POLICE, ANY NEW YORK STATE COUNTY
SHERIFF'S DEPARTMENT, ANY POLICE DEPARTMENT OF ANY CITY, VILLAGE OR TOWN
WITHIN NEW YORK STATE, THE POLICE FORCE OF ANY NEW YORK STATE AUTHORITY
OR AGENCY, THE STATE POLICE FORCE OF ANY OTHER STATE, ANY FEDERAL LAW
ENFORCEMENT AGENCY AND ANY DISTRICT ATTORNEY OFFICE IN NEW YORK STATE.
S 2. This act shall take effect immediately.