Assembly Bill A3295

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

                                  3295

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  COOK,  SCHIMEL,  ROSENTHAL, JAFFEE,
  KAVANAGH, ABINANTI, COLTON,  DINOWITZ,  ENGLEBRIGHT,  KELLNER,  MAYER,
  SCARBOROUGH, WEINSTEIN -- Multi-Sponsored by -- M. of A. ARROYO, BREN-
  NAN,  BUCHWALD,  CYMBROWITZ, GOTTFRIED, HOOPER, PERRY -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to providing for the  expira-
  tion  and renewal of certain firearms licenses outside the city of New
  York

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

  Section  1.    Subdivision  10  of section 400.00 of the penal law, as
amended by chapter 447 of the laws  of  1997,  is  amended  to  read  as
follows:
  10.  License: expiration[, certification] and renewal. 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 be certified prior to
the first day of April, two thousand, in accordance with a  schedule  to
be contained in regulations promulgated by the commissioner of the divi-
sion  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 licens-
ing officer the following information  only:    current  name,  date  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01075-01-3
              

A. 3295                             2

birth,  current  address, and the make, model, caliber and serial number
of all firearms  currently  possessed.  Such  certification  information
shall  be filed by the licensing officer in the same manner as an amend-
ment. 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.] ELSEWHERE THAN 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  FIVE  YEARS  AFTER  THE  DATE  OF  ISSUANCE,
PROVIDED  THAT ELSEWHERE THAN IN THE CITY OF NEW YORK, NASSAU COUNTY AND
SUFFOLK COUNTY, THE DATE OF ISSUANCE OF ANY SUCH LICENSE FOR PURPOSES OF
DETERMINING THE EXPIRATION DATE OF SUCH LICENSE SHALL BE ESTABLISHED  IN
ACCORDANCE WITH A SCHEDULE TO BE CONTAINED IN REGULATIONS PROMULGATED BY
THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES. Any license not previous-
ly 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  application  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 duplicate license.
  S 2. This act shall take effect immediately.