S T A T E O F N E W Y O R K
________________________________________________________________________
3713
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. DiPIETRO, STEC -- Multi-Sponsored by -- M. of A.
McDONOUGH -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to allowing applicants for
gun licenses to consent to disclosure of the information contained in
the license application
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (b), (c), (d), (e), (f) and (g) of subdivision 5
of section 400.00 of the penal law, as added by chapter 1 of the laws of
2013, are amended to read as follows:
(b) Each application for a license pursuant to paragraph (a) of this
subdivision shall include, on a separate written form prepared by the
division of state police [within thirty days of the effective date of
the chapter of the laws of two thousand thirteen, which amended this
section,] and provided to the applicant at the same time and in the same
manner as the application for a license, an opportunity for the appli-
cant to [request an exception from] CONSENT TO his or her application
information becoming public record pursuant to paragraph (a) of this
subdivision. Such forms, which shall also be made available to individ-
uals who had applied for or been granted a license prior to the effec-
tive date of [the] SECTION FORTY-EIGHT OF chapter ONE of the laws of two
thousand thirteen [which amended this section], shall notify applicants
that, upon discovery that an applicant knowingly provided false informa-
tion, such applicant may be subject to penalties pursuant to section
175.30 of this chapter[, and further, that his or her request for an
exception shall be null and void, provided that written notice contain-
ing such determination is provided to the applicant. Further, such forms
shall provide each applicant an opportunity to specify the grounds on
which he or she believes his or her application information should not
be publicly disclosed. These grounds, which shall be identified on the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07859-01-5
A. 3713 2
application with a box beside each for checking, as applicable, by the
applicant, shall be as follows:
(i) the applicant's life or safety may be endangered by disclosure
because:
(A) the applicant is an active or retired police officer, peace offi-
cer, probation officer, parole officer, or corrections officer;
(B) the applicant is a protected person under a currently valid order
of protection;
(C) the applicant is or was a witness in a criminal proceeding involv-
ing a criminal charge;
(D) the applicant is participating or previously participated as a
juror in a criminal proceeding, or is or was a member of a grand jury;
or
(E) the applicant is a spouse, domestic partner or household member of
a person identified in this subparagraph or subparagraph (ii) of this
paragraph, specifying which subparagraph or subparagraphs and clauses
apply.
(ii) the applicant has reason to believe his or her life or safety may
be endangered by disclosure due to reasons stated by the applicant.
(iii) the applicant has reason to believe he or she may be subject to
unwarranted harassment upon disclosure of such information].
(c) Each form provided for recertification pursuant to paragraph (b)
of subdivision ten of this section shall include an opportunity for the
applicant to [request an exception from] CONSENT TO the information
provided on such form becoming public record pursuant to paragraph (a)
of this subdivision. Such forms shall notify applicants that, upon
discovery that an applicant knowingly provided false information, such
applicant may be subject to penalties pursuant to section 175.30 of this
chapter[, and further, that his or her request for an exception shall be
null and void, provided that written notice containing such determi-
nation is provided to the applicant. Further, such forms shall provide
each applicant an opportunity to either decline to request the grant or
continuation of an exception, or specify the grounds on which he or she
believes his or her information should not be publicly disclosed. These
grounds, which shall be identified in the application with a box beside
each for checking, as applicable, by the applicant, shall be the same as
provided in paragraph (b) of this subdivision].
(d) Information submitted on the forms described in paragraph (b) of
this subdivision shall be [excepted from disclosure and] maintained by
the entity retaining such information separate and apart from all other
records.
(e) [(i) Upon receiving a request for exception from disclosure, the
licensing officer shall grant such exception, unless the request is
determined to be null and void, pursuant to paragraph (b) or (c) of this
subdivision.
(ii) A request for an exception from disclosure may be submitted at
any time, including after a license or recertification has been granted.
(iii) If an exception is sought and granted pursuant to paragraph (b)
of this subdivision, the application information shall not be public
record, unless the request is determined to be null and void. If an
exception is sought and granted pursuant to paragraph (c) of this subdi-
vision, the information concerning such recertification application
shall not be public record, unless the request is determined to be null
and void.
(f)] The information of licensees or applicants for a license shall
not be disclosed to the public during the first one hundred twenty days
A. 3713 3
following the effective date of [the] SECTION FORTY-EIGHT OF chapter ONE
of the laws of two thousand thirteen[, which amended this section].
After such period, the information of those who had applied for or been
granted a license prior to the preparation of the form for requesting an
exception, pursuant to paragraph (b) of this subdivision, may be
released only if such individuals [did not file a request for such an
exception] CONSENTED TO THE DISCLOSURE during the first sixty days
following such preparation; provided, however, that no information
contained in an application for licensure or recertification shall be
disclosed by an entity that has not completed processing any such
requests received during such sixty days.
[(g) If a request for an exception is determined to be null and void
pursuant to paragraph (b) or (c) of this subdivision, an applicant may
request review of such determination pursuant to article seventy-eight
of the civil practice laws and rules. Such proceeding must commence
within thirty days after service of the written notice containing the
adverse determination. Notice of the right to commence such a petition,
and the time period therefor, shall be included in the notice of the
determination. Disclosure following such a petition shall not be made
prior to the disposition of such review.]
S 2. This act shall take effect immediately.