senate Bill S1796A

2013-2014 Legislative Session

Relates to expiration and renewal provisions of certain firearms licenses

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 12, 2013 print number 1796a
amend and recommit to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1796 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S5914A

S1796 - Bill Texts

view summary

Relates to expiration and renewal provisions of certain firearms licenses; shortens length of certification in NYC from three years to two; Westchester, Nassau and Suffolk from five to two and all other places in the state from six to two years.

view sponsor memo
BILL NUMBER:S1796

TITLE OF BILL: An act to amend the penal law, in relation to
expiration and renewal provisions of certain firearms licenses

PURPOSE: Extends statewide, the requirement that a license to carry
or possess a firearm be renewed every 2 years.

SUMMARY OF SPECIFIC PROVISIONS:

Section one: Amends subdivision 10 of section 400.00 of the penal law
to extend license expiration and renewal regulations for pistols or
revolvers.

Any license to carry or possess a pistol or revolver, shall expire not
more than two years after the date of issuance.

Section two: The bill takes effect immediately.

JUSTIFICATION: New York state requires individuals to obtain a
license in order to lawfully carry or possess a firearm. Prior to the
issuance of such license, an investigation must be conducted by law
enforcement officers to verify that all statements in the applicant's
license application are true. Typically, the investigating officer
interviews the references named in the application. In addition,
records of the department of mental hygiene must be made available for
inspection by such officer and fingerprints must be taken from the
applicant in order to conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester
and the city of New York, once a license to carry or possess a firearm
has been issued, the license is permanent unless otherwise revoked or
suspended. There is no opportunity for the licensing officer to
determine whether the conditions that existed at the time of the
issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION THAT THE
LICENSE IS STILL QUALIFIED TO HAVE A FIREARM:

Without a renewal system, certain criminal convictions obtained after
the issuance of a firearm and/or development of mental illness by the
licensee - changes in conditions that could result in a license
revocation or denial of a license renewal - may go undetected.

RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING
INFORMATION:

Such information includes the licensee's current name and address, and
the make, caliber and serial number of all firearms possessed without
a renewal system licensees who move out-of-state - a change in
conditions that could result in license revocation or denial of a
license renewal may go undetected.


REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE FOR LICENSEES TO
COMPLY WITH THE TERMS OF THEIR LICENSES:

Without a renewal system, licensees are less likely to update their
licensing information.

RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING SYSTEM:

Without a renewal system, there is no opportunity for licensing
officers to determine whether licensees remain in compliance with the
terms of their licensees.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately.

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

                                  1796

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. ESPAILLAT, KRUEGER, PARKER -- 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 expiration and renewal
  provisions of certain firearms licenses

  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] TWO 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] TWO years after the date of issuance; howev-
er,  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 division of criminal justice services,  and  every  such  license
shall  be recertified every [five] TWO 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, caliber and serial
number of all firearms currently possessed. Such certification  informa-
tion  shall  be  filed by the licensing officer in the same manner as an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05340-01-3

S. 1796                             2

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 previous-
ly  revoked  or cancelled, shall be in force and effect until revoked as
herein provided. ELSEWHERE THAN IN THE CITY OF  NEW  YORK,  COUNTIES  OF
NASSAU, SUFFOLK OR 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  TWO  YEARS  AFTER THE DATE OF ISSUANCE. 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  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]  TWO  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 offi-
cer shall issue a duplicate license.
  S 2. This act shall take effect immediately.

Co-Sponsors

S1796A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S5914A

S1796A (ACTIVE) - Bill Texts

view summary

Relates to expiration and renewal provisions of certain firearms licenses; shortens length of certification in NYC from three years to two; Westchester, Nassau and Suffolk from five to two and all other places in the state from six to two years.

view sponsor memo
BILL NUMBER:S1796A

TITLE OF BILL: An act to amend the penal law, in relation to expiration
and renewal provisions of certain firearms licenses

PURPOSE: Extends statewide, the requirement that a license to carry or
possess a firearm be renewed every 2 years.

SUMMARY OF SPECIFIC PROVISIONS:

Section one: Amends subdivision 10 of section 400.00 of the penal law to
extend license expiration and renewal regulations for pistols or revol-
vers. Any license to carry or possess a pistol or revolver, shall
expire not more than two years after the date of issuance.

Section two: The bill takes effect immediately.

JUSTIFICATION: New York state requires individuals to obtain a license
in order to lawfully carry or possess a firearm. Prior to the issuance
of such license, an investigation must be conducted by law enforcement
officers to verify that all statements in the applicant's license appli-
cation are true. Typically, the investigating officer interviews the
references named in the application. In addition, records of the depart-
ment of mental hygiene must be made available for inspection by such
officer and fingerprints must be taken from the applicant in order to
conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester
and the city of New York, once a license to carry or possess a firearm
has been issued, the license is permanent unless otherwise revoked or
suspended. There is no opportunity for the licensing officer to deter-
mine whether the conditions that existed at the time of the issuance of
the license have changed.

Reasons for requiring the renewal of firearm licenses include:

RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION THAT THE LICENSE
IS STILL QUALIFIED TO HAVE A FIREARM:

Without a renewal system, certain criminal convictions obtained after
the issuance of a firearm and/or development of mental illness by the
licensee - changes in conditions that could result in a license revoca-
tion or denial of a license renewal - may go undetected.

RENEWAL OF LICENSES WOULD PROVIDE REGULAR UPDATING OF LICENSING INFORMA-
TION:

Such information includes the licensee's current name and address, and
the make, caliber and serial number of all firearms possessed without a
renewal system licensees who move out-of-state - a change in conditions

that could result in license revocation or denial of a license renewal
may go undetected.

REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE FOR LICENSEES TO COMPLY
WITH THE TERMS OF THEIR LICENSES:

Without a renewal system, licensees are less likely to update their
licensing information.

RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING SYSTEM:

Without a renewal system, there is no opportunity for licensing officers
to determine whether licensees remain in compliance with the terms of
their licensees.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1796--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. ESPAILLAT, KRUEGER, PARKER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the penal law, in relation  to  expiration  and  renewal
  provisions of certain firearms licenses

  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] TWO 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] TWO years after the date of issuance; howev-
er, 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  division  of  criminal justice services, and every such license
shall be recertified every [five] TWO 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, caliber and  serial

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05340-02-3

S. 1796--A                          2

number  of all firearms currently possessed. Such certification informa-
tion 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 previous-
ly revoked or cancelled, shall be in force and effect until  revoked  as
herein  provided.  ELSEWHERE  THAN  IN THE CITY OF NEW YORK, COUNTIES OF
NASSAU, SUFFOLK OR 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 TWO YEARS AFTER THE DATE OF ISSUANCE. 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 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]  TWO  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 offi-
cer shall issue a duplicate license.
  S 2.  Subdivision 10 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
  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] TWO 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] TWO 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 thou-
sand, in accordance 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]  TWO
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,  caliber  and  serial  number  of  all  firearms currently
possessed. Such certification information shall be filed by the  licens-
ing  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.   ELSEWHERE  THAN  IN
THE  CITY  OF  NEW YORK, COUNTIES OF NASSAU, SUFFOLK OR WESTCHESTER, ANY

S. 1796--A                          3

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 TWO YEARS AFTER THE DATE OF
ISSUANCE. 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 application by the  licens-
ing  officer.  In  the  case  of  a  license  for  gunsmith or dealer in
firearms, in counties having a population of less than two hundred thou-
sand inhabitants, photographs and fingerprints  shall  be  submitted  on
original  applications  and  upon renewal thereafter [only] at [six] TWO
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] TWO years thereafter. Any license issued before the effec-
tive date of [the] chapter ONE 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]  FIFTEEN,  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 superinten-
dent of state police, which shall request  the  license  holder's  name,
date  of  birth,  gender,  race,  residential  address,  social security
number, firearms possessed by such license holder, email address at  the
option of the license holder and an affirmation that such license holder
is  not prohibited from possessing firearms. The form may be in an elec-
tronic 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  proc-
ess  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.
  S  3.  This  act shall take effect immediately; provided, however that
section two of this act shall take effect on the same date  and  in  the
same  manner  as  section  48  of  chapter  1 of the laws of 2013, takes
effect.

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