Senate Bill S6279

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

                                  6279

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 prohibiting the  provision
  of  licenses  for  firearms  to  persons on the federal no-fly list or
  terrorist screening database; to amend the criminal procedure law,  in
  relation to revoking or suspending firearms licenses of persons on the
  federal  no-fly list or terrorist screening database; and to amend the
  executive law, in relation to requiring the  superintendent  of  state
  police  to search the federal no-fly list or terrorist screening data-
  base and report findings to appropriate enforcement agencies

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

  Section  1.  This  act  shall  be  known and may be cited as the "Deny
Firearms to Dangerous Terrorists Act".
  S 2. Subdivision 1 of section 400.00 of the penal law, as  amended  by
chapter 1 of the laws of 2013, is amended to read as follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section  except  by  the licensing officer, and then only after investi-
gation and finding that all statements in a  proper  application  for  a
license  are  true.  No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however,  that
where  such  applicant  has  been  honorably  discharged from the United
States army, navy, marine corps,  air  force  or  coast  guard,  or  the
national  guard  of the state of New York, no such age restriction shall
apply; (b) of good moral character;  (c)  who  has  not  been  convicted
anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user  of  or  addicted  to  any
controlled  substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States  under  a  nonimmigrant  visa
subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13346-01-5

S. 6279                             2

citizenship; (i) who has stated whether he or she has ever suffered  any
mental illness; (j) who has not been involuntarily committed to a facil-
ity  under  the  jurisdiction  of  an office of the department of mental
hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
article seven hundred thirty or section 330.20 of the criminal procedure
law, section four hundred two or five hundred eight  of  the  correction
law,  section  322.2  or  353.4 of the family court act, or has not been
civilly confined in a secure treatment facility pursuant to article  ten
of  the mental hygiene law; (k) who has not had a license revoked or who
is not under a suspension or ineligibility order issued pursuant to  the
provisions  of  section  530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act; (l) in the county  of
Westchester, who has successfully completed a firearms safety course and
test  as  evidenced  by a certificate of completion issued in his or her
name and endorsed and affirmed under the penalties of perjury by a  duly
authorized  instructor,  except  that:  (i)  persons  who  are honorably
discharged from the United States army,  navy,  marine  corps  or  coast
guard,  or  of  the national guard of the state of New York, and produce
evidence of official  qualification  in  firearms  during  the  term  of
service  are  not  required  to have completed those hours of a firearms
safety course pertaining to the safe use, carrying, possession,  mainte-
nance  and  storage  of a firearm; and (ii) persons who were licensed to
possess a pistol or revolver prior to the effective date of  this  para-
graph  are  not  required to have completed a firearms safety course and
test; (m) who has not had a guardian appointed for him or  her  pursuant
to any provision of state law, based on a determination that as a result
of  marked subnormal intelligence, mental illness, incapacity, condition
or disease, he or she lacks the mental capacity to  contract  or  manage
his  or  her own affairs; [and] (n) concerning whom no good cause exists
for the denial of the license; AND (O) WHO HAS NOT BEEN  LISTED  ON  THE
FEDERAL  NO-FLY  LIST  OR  TERRORIST  SCREENING DATABASE OPERATED BY THE
FEDERAL BUREAU OF INVESTIGATION.  No person shall engage in the business
of gunsmith or dealer in  firearms  unless  licensed  pursuant  to  this
section. An applicant to engage in such business shall also be a citizen
of  the  United States, more than twenty-one years of age and maintain a
place of business in the city or county where the license is issued. For
such business, if the applicant is a firm or  partnership,  each  member
thereof  shall  comply  with  all  of the requirements set forth in this
subdivision and if the applicant is a corporation, each officer  thereof
shall so comply.
  S 3. Section 530.14 of the criminal procedure law is amended by adding
a new subdivision 3-a to read as follows:
  3-A. REVOCATION OR SUSPENSION OF LICENSE UPON A FINDING THAT THE HOLD-
ER  OF  THE FIREARM LICENSE IS A SUSPECTED TERRORIST. WHERE THE DIVISION
OF STATE POLICE FINDS THAT A HOLDER OF A FIREARM LICENSE  IS  LISTED  ON
THE  FEDERAL NO-FLY LIST OR TERRORIST SCREENING DATABASE OPERATED BY THE
FEDERAL BUREAU OF INVESTIGATION, THE  DIVISION  OF  STATE  POLICE  SHALL
IMMEDIATELY  REVOKE THE HOLDER'S LICENSE.  THE INDIVIDUAL SHALL BE NOTI-
FIED IN WRITING WITHIN THIRTY DAYS OF THE REVOCATION.
  S 4. Section 223 of the executive law  is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  THE SUPERINTENDENT SHALL SEARCH THE FEDERAL NO-FLY LIST OR TERROR-
IST SCREENING DATABASE AT LEAST ONCE EACH YEAR AND UPON A FINDING THAT A
FIREARM LICENSE HOLDER IS ON SUCH A LIST, THE SUPERINTENDENT SHALL IMME-
DIATELY NOTIFY ALL APPROPRIATE LAW ENFORCEMENT AGENCIES AND SHALL DIRECT
THE STATE POLICE TO REMOVE ANY AND ALL SUCH  FIREARMS  UNTIL  SUCH  TIME

S. 6279                             3

THAT THE INDIVIDUAL IS NO LONGER ON THE FEDERAL NO-FLY LIST OR TERRORIST
SCREENING DATABASE.
  S  5.  Section  223 of the executive law, as amended by chapter 843 of
the laws of 1980, is amended to read as follows:
  S 223. Duties and powers of the superintendent of state police and  of
members  of the state police. 1. It shall be the duty of the superinten-
dent of the state police and of members of the state police  to  prevent
and  detect crime and apprehend criminals. They shall also be subject to
the call of the governor and are empowered to co-operate with any  other
department of the state or with local authorities. They shall have power
to  arrest,  without  a  warrant, any person committing or attempting to
commit within their presence or view a breach  of  the  peace  or  other
violation  of  law,  to  serve  and execute warrants of arrest or search
issued by proper authority and to exercise all other  powers  of  police
officers  of  the  state  of  New  York. Any such warrants issued by any
magistrate of the state may be executed by them in any part of the state
according to the tenor thereof without  [indorsement]  ENDORSEMENT.  But
they  shall  not  exercise their powers within the limits of any city to
suppress rioting and disorder except by direction  of  the  governor  or
upon  the  request  of  the  mayor  of the city with the approval of the
governor. Any member of the rank of sergeant or above may take  pre-arr-
aignment  bail  from  any defendant in the amounts and under the circum-
stances and conditions that police may take bail.
  2. THE SUPERINTENDENT SHALL SEARCH THE FEDERAL NO-FLY LIST OR  TERROR-
IST SCREENING DATABASE AT LEAST ONCE EACH YEAR AND UPON A FINDING THAT A
FIREARM LICENSE HOLDER IS ON SUCH A LIST, THE SUPERINTENDENT SHALL IMME-
DIATELY NOTIFY ALL APPROPRIATE LAW ENFORCEMENT AGENCIES AND SHALL DIRECT
THE  STATE  POLICE  TO  REMOVE ANY AND ALL SUCH FIREARMS UNTIL SUCH TIME
THAT THE INDIVIDUAL IS NO LONGER ON THE FEDERAL NO-FLY LIST OR TERRORIST
SCREENING DATABASE.
  S 6. The superintendent of state police and the commissioner of crimi-
nal justice services shall promulgate any regulations necessary for  the
provisions of this act to take effect.
  S  7.  This  act  shall take effect immediately; provided however, the
provisions of this act shall not take effect until the superintendent of
state police receives approval to access the information on the  federal
no-fly  list  or  terrorist screening database from the relevant federal
agencies; provided further that the amendments to  section  223  of  the
executive  law  made by section four of this act shall be subject to the
expiration and reversion of such section pursuant to section 3 of  chap-
ter  428  of  the  laws  of  1999,  as  amended, when upon such date the
provisions of section five of this act shall take effect; provided  that
the  superintendent  of  state  police shall notify the legislative bill
drafting commission upon the occurrence of the enactment of  the  legis-
lation  provided  for in this act in order that the commission may main-
tain an accurate and timely effective database of the official  text  of
the  laws  of  the  state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.