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

                                  7897

                            I N  S E N A T E

                              May 23, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, the family  court  act,  the
  domestic  relations  law, the general business law, the judiciary law,
  the mental hygiene law, the penal law and the surrogate's court proce-
  dure  act,  in  relation  to  limiting  the  application  of   certain
  provisions  of  law  relating  to firearms to the counties of Suffolk,
  Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester;  and
  to  repeal  section  400.02 of the penal law relating to the statewide
  license and record database

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

  Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
follows:
  2-a. Firearm, rifle or shotgun surrender order  IN  CERTAIN  COUNTIES.
[Upon]  IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
YORK, BRONX AND WESTCHESTER, UPON entry of a verdict of not  responsible
by  reason of mental disease or defect, or upon the acceptance of a plea
of not responsible by reason of mental disease  or  defect,  or  upon  a
finding  that the defendant is an incapacitated person pursuant to arti-
cle seven hundred thirty of this chapter, the  court  shall  revoke  the
defendant's  firearm license, if any, inquire of the defendant as to the
existence and location  of  any  firearm,  rifle  or  shotgun  owned  or
possessed  by  such  defendant and direct the surrender of such firearm,
rifle or shotgun pursuant to subparagraph (f) of paragraph one of subdi-
vision a of section 265.20 and subdivision six of section 400.05 of  the
penal law.
  S 2. Section 380.96 of the criminal procedure law, as added by chapter
1 of the laws of 2013, is amended to read as follows:
S 380.96 Obligation  of sentencing court IN CERTAIN COUNTIES pursuant to
           article four hundred of the penal law.
  [Upon] IN THE COUNTIES OF SUFFOLK, NASSAU,  KINGS,  QUEENS,  RICHMOND,
NEW  YORK,  BRONX  AND  WESTCHESTER,  UPON judgment of conviction of any

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

                                                           LBD15422-04-6

S. 7897                             2

offense which would require the seizure of firearms, shotguns or  rifles
from  an  individual  so convicted, and the revocation of any license or
registration issued pursuant to article four hundred of the  penal  law,
the  judge  pronouncing  sentence  shall  demand  surrender  of any such
license or registration and all firearms, shotguns and rifles. The fail-
ure to so demand surrender shall not effect the validity of any  revoca-
tion pursuant to article four hundred of the penal law.
  S 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
as  amended  by  chapter  1  of the laws of 2013, are amended to read as
follows:
  1.  [Suspension]  MANDATORY  AND  PERMISSIVE  SUSPENSION  of  firearms
license  and  ineligibility  for  such  a license upon the issuance of a
temporary order of protection. Whenever a temporary order of  protection
is  issued  pursuant to section eight hundred twenty-eight of this arti-
cle, or IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
YORK, BRONX AND WESTCHESTER, pursuant to article four, five, six,  seven
or ten of this act:
  (a) the court shall suspend any such existing license possessed by the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender [pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law,]  of any or all firearms owned or possessed
where the court receives information that gives the court good cause  to
believe  that:  (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal  law;  (ii)  the
respondent  has previously been found to have willfully failed to obey a
prior order of protection and such  willful  failure  involved  (A)  the
infliction of physical injury, as defined in subdivision nine of section
10.00 of the penal law, (B) the use or threatened use of a deadly weapon
or  dangerous  instrument  as  those  terms  are defined in subdivisions
twelve and thirteen of section 10.00 of the penal law, or  (C)  behavior
constituting  any  violent felony offense as defined in section 70.02 of
the penal law; or (iii) the respondent has a prior conviction for stalk-
ing in the first degree as defined in section 120.60 of the  penal  law,
stalking  in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section  120.50  of  the
penal  law or stalking in the fourth degree as defined in section 120.45
of such law; and
  (b) the court MAY AND, IN THE  COUNTIES  OF  SUFFOLK,  NASSAU,  KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
finds  a substantial risk that the respondent may use or threaten to use
a firearm unlawfully against the person or persons for whose  protection
the  temporary  order of protection is issued, suspend any such existing
license possessed by the respondent, order the respondent ineligible for
such a license, and order the immediate surrender [pursuant to  subpara-
graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
vision  six  of section 400.05 of the penal law,] of any or all firearms
owned or possessed.
  2. [Revocation] MANDATORY AND PERMISSIVE REVOCATION or  suspension  of
firearms  license and ineligibility for such a license upon the issuance
of an order of protection. Whenever an order  of  protection  is  issued
pursuant  to  section  eight  hundred  forty-one of this part, or IN THE
COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK,  BRONX  OR
WESTCHESTER,  pursuant  to article four, five, six, seven or ten of this
act:

S. 7897                             3

  (a) the court shall revoke any such existing license possessed by  the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender [pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law,]  of any or all firearms owned or possessed
where the court finds that the conduct which resulted in the issuance of
the order of protection involved (i) the infliction of SERIOUS  physical
injury,  as  defined  in  subdivision [nine] TEN of section 10.00 of the
penal law, (ii) the use or threatened use of a deadly weapon or  danger-
ous  instrument  as  those  terms are defined in subdivisions twelve and
thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
ing any violent felony offense as defined in section 70.02 of the  penal
law; and
  (b)  the  court  MAY  AND,  IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX  AND  WESTCHESTER,  shall,  where  the
court  finds  a substantial risk that the respondent may use or threaten
to use a firearm unlawfully against the  person  or  persons  for  whose
protection the order of protection is issued, (i) revoke any such exist-
ing license possessed by the respondent, order the respondent ineligible
for  such  a  license  and  order  the  immediate surrender [pursuant to
subparagraph (f) of paragraph one of subdivision a of section 265.20 and
subdivision six of section 400.05 of the  penal  law,]  of  any  or  all
firearms  owned  or possessed or (ii) suspend or continue to suspend any
such existing license possessed by the respondent, order the  respondent
ineligible for such a license, and order the immediate surrender [pursu-
ant  to  subparagraph  (f)  of paragraph one of subdivision a of section
265.20 and subdivision six of section 400.05 of the penal law,]  of  any
or all firearms owned or possessed.
  3.  [Revocation]  MANDATORY AND PERMISSIVE REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding  of
a  willful  failure  to obey an order of protection or, IN THE COUNTY OF
SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX  OR  WESTCHES-
TER,  temporary  order  of  protection.  Whenever  a respondent has been
found, pursuant to section eight hundred forty-six-a  of  this  part  to
have  willfully failed to obey an order of protection or temporary order
of protection issued [pursuant to this act  or  the  domestic  relations
law, or] by this court or by a court of competent jurisdiction in anoth-
er  state,  territorial or tribal jurisdiction, in addition to any other
remedies available pursuant to section eight hundred forty-six-a of this
part:
  (a) the court shall revoke any such existing license possessed by  the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender [pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law,]  of any or all firearms owned or possessed
where the willful failure to obey such order involves (i) the infliction
of SERIOUS physical injury, as defined  in  subdivision  [nine]  TEN  of
section  10.00  of  the  penal  law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as  those  terms  are  defined  in
subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony  offense  as  defined  in
section  70.02  of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in  section  120.60  of  the  penal  law,
stalking  in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section  120.50  of  the

S. 7897                             4

penal  law or stalking in the fourth degree as defined in section 120.45
of such law; and
  (b)  the  court  MAY  AND,  IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
finds a substantial risk that the respondent may use or threaten to  use
a  firearm unlawfully against the person or persons for whose protection
the order of protection was issued, (i) revoke any such existing license
possessed by the respondent, order the respondent ineligible for such  a
license,  whether  or  not  the respondent possesses such a license, and
order the immediate surrender [pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the penal law,] of any or all firearms owned or possessed or
(ii) suspend any such existing  license  possessed  by  the  respondent,
order  the respondent ineligible for such a license, and order the imme-
diate surrender of any or all firearms owned or possessed.
  S 4. Section 846-a of the family court act, as amended by chapter 1 of
the laws of 2013, is amended to read as follows:
  S 846-a. Powers on failure to obey order. If a respondent  is  brought
before  the court for failure to obey any lawful order issued under this
article or an order of protection or, IN THE COUNTY OF SUFFOLK,  NASSAU,
KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, temporary order
of  protection  issued  [pursuant  to  this act or issued] by a court of
competent jurisdiction of another state, territorial or tribal jurisdic-
tion and if, after hearing, the court is satisfied  by  competent  proof
that  the  respondent  has  willfully failed to obey any such order, the
court may modify an existing order or, IN THE COUNTY OF SUFFOLK, NASSAU,
KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, temporary order
of protection to add reasonable conditions of behavior to  the  existing
order,  make  a new order of protection in accordance with section eight
hundred forty-two of this part, may order the forfeiture of  bail  in  a
manner consistent with article five hundred forty of the criminal proce-
dure  law  if  bail has been ordered pursuant to this act, may order the
respondent to pay the petitioner's reasonable and necessary counsel fees
in connection with the violation petition where the court finds that the
violation of its order was willful, and may  commit  the  respondent  to
jail  for a term not to exceed six months. Such commitment may be served
upon certain specified days or parts of days as the  court  may  direct,
and  the court may, at any time within the term of such sentence, revoke
such suspension and commit the  respondent  for  the  remainder  of  the
original  sentence,  or  suspend  the remainder of such sentence. If the
court determines that the willful failure to obey  such  order  involves
violent behavior constituting the crimes of menacing, reckless endanger-
ment,  assault or attempted assault and if such a respondent is licensed
to carry, possess, repair and dispose of firearms  pursuant  to  section
400.00  of  the  penal  law,  the court may also immediately revoke such
license and may arrange for the immediate surrender [pursuant to subpar-
agraph (f) of paragraph one of  subdivision  a  of  section  265.20  and
subdivision six of section 400.05 of the penal law,] and disposal of any
firearm  such  respondent  owns  or possesses. If the willful failure to
obey such order involves the infliction of SERIOUS  physical  injury  as
defined  in  subdivision [nine] TEN of section 10.00 of the penal law or
the use or threatened use of a deadly weapon or dangerous instrument, as
those terms are defined in subdivisions twelve and thirteen  of  section
10.00  of the penal law, such revocation and immediate surrender [pursu-
ant to subparagraph (f) of paragraph one of  subdivision  a  of  section
265.20  and  subdivision six of section 400.05 of the penal law six] and

S. 7897                             5

disposal of any firearm owned or possessed by respondent shall be manda-
tory, pursuant to subdivision eleven of section 400.00 of the penal law.
  S  5.  Section 446-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
  S 446-a. Firearms; surrender and license  suspension,  revocation  and
ineligibility;  CERTAIN  COUNTIES.    [Upon] IN THE COUNTIES OF SUFFOLK,
NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX AND  WESTCHESTER,  UPON
the issuance of an order of protection or temporary order of protection,
or  upon a violation of such order, the court shall make a determination
regarding the suspension and revocation of a license to carry,  possess,
repair  or  dispose  of  a firearm or firearms, ineligibility for such a
license and the surrender of firearms in accordance with  section  eight
hundred forty-two-a of this act.
  S 6. Section 552 of the family court act, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
  S  552.  Firearms;  surrender  and  license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon]  IN  THE  COUNTIES  OF  SUFFOLK,
NASSAU,  KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, UPON
the issuance of an order of protection or temporary order of protection,
or upon a violation of such order, the court shall make a  determination
regarding  the suspension and revocation of a license to carry, possess,
repair or dispose of a firearm or firearms,  ineligibility  for  such  a
license  and  the surrender of firearms in accordance with section eight
hundred forty-two-a of this act.
  S 7. Section 656-a of the family court act, as added by chapter  1  of
the laws of 2013, is amended to read as follows:
  S  656-a.  Firearms;  surrender and license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon]  IN  THE  COUNTIES  OF  SUFFOLK,
NASSAU,  KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, UPON
the issuance of an order of protection or temporary order of protection,
or upon a violation of such order, the court shall make a  determination
regarding  the suspension and revocation of a license to carry, possess,
repair or dispose of a firearm or firearms,  ineligibility  for  such  a
license  and  the surrender of firearms in accordance with section eight
hundred forty-two-a of this act.
  S 8. Section 780-a of the family court act, as added by chapter  1  of
the laws of 2013, is amended to read as follows:
  S  780-a.  Firearms;  surrender and license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon]  IN  THE  COUNTIES  OF  SUFFOLK,
NASSAU,  KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, UPON
the issuance of an order of protection or temporary order of protection,
or upon a violation of such order, the court shall make a  determination
regarding  the suspension and revocation of a license to carry, possess,
repair or dispose of a firearm or firearms,  ineligibility  for  such  a
license  and  the surrender of firearms in accordance with section eight
hundred forty-two-a of this act.
  S 9. Section 1056-a of the family court act, as added by chapter 1  of
the laws of 2013, is amended to read as follows:
  S  1056-a.  Firearms; surrender and license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon]  IN  THE  COUNTIES  OF  SUFFOLK,
NASSAU,  KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, UPON
the issuance of an order of protection or temporary order of protection,
or upon a violation of such order, the court  shall  make  an  order  in
accordance with section eight hundred forty-two-a of this act.

S. 7897                             6

  S  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 1 of the laws of 2013,  is  amended
to read as follows:
  h.  Upon  issuance  of  an  order  of protection or temporary order of
protection or upon a violation of such order, the court MAY AND, IN  THE
COUNTIES  OF  SUFFOLK,  NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX
AND WESTCHESTER, shall make a determination regarding the suspension and
revocation of a license to  carry,  possess,  repair  or  dispose  of  a
firearm  or firearms, ineligibility for such a license and the surrender
of firearms in accordance with sections eight  hundred  forty-two-a  and
eight  hundred  forty-six-a of the family court act, as applicable. Upon
issuance of an order of protection pursuant to this section  or  upon  a
finding  of  a  violation  thereof, the court also may direct payment of
restitution in an amount not to exceed ten thousand dollars  in  accord-
ance  with  subdivision  (e)  of section eight hundred forty-one of such
act; provided, however, that in no case shall an order of restitution be
issued where the court determines that the party against whom the  order
would  be issued has already compensated the injured party or where such
compensation is incorporated in a final judgment or  settlement  of  the
action.
  S  11.  Subdivision 9 of section 252 of the domestic relations law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  9. Upon issuance of an order  of  protection  or  temporary  order  of
protection  or upon a violation of such order, the court MAY AND, IN THE
COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND,  NEW  YORK,  BRONX
AND WESTCHESTER, shall make a determination regarding the suspension and
revocation  of  a  license  to  carry,  possess,  repair or dispose of a
firearm or firearms, ineligibility for such a license and the  surrender
of  firearms  in  accordance with sections eight hundred forty-two-a and
eight hundred forty-six-a of the family court act, as  applicable.  Upon
issuance  of  an  order of protection pursuant to this section or upon a
finding of a violation thereof, the court also  may  direct  payment  of
restitution  in  an amount not to exceed ten thousand dollars in accord-
ance with subdivision (e) of section eight  hundred  forty-one  of  such
act; provided, however, that in no case shall an order of restitution be
issued  where the court determines that the party against whom the order
would be issued has already compensated the injured party or where  such
compensation  is  incorporated  in a final judgment or settlement of the
action.
  S 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
section 530.14 of the criminal procedure law, as amended by chapter 1 of
the laws of 2013, are amended to read as follows:
  [Suspension]  MANDATORY  AND PERMISSIVE SUSPENSION of firearms license
and ineligibility for such a license upon issuance of temporary order of
protection. Whenever a temporary order of protection is issued  pursuant
to  subdivision  one  of  section  530.12  or subdivision one of section
530.13 of this article:
  (b) the court MAY AND, IN THE  COUNTIES  OF  SUFFOLK,  NASSAU,  KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
finds a substantial risk that the defendant may use or threaten to use a
firearm  unlawfully  against  the person or persons for whose protection
the temporary order of protection is issued, suspend any  such  existing
license  possessed  by the defendant, order the defendant ineligible for
such a license and order the immediate surrender [pursuant  to  subpara-
graph (f) of paragraph one of subdivision a of section 265.20 and subdi-

S. 7897                             7

vision  six  of section 400.05 of the penal law,] of any or all firearms
owned or possessed.
  S  13.  The  opening  paragraph  and paragraph (b) of subdivision 2 of
section 530.14 of the criminal procedure law, as amended by chapter 1 of
the laws of 2013, are amended to read as follows:
  [Revocation] MANDATORY AND  PERMISSIVE  REVOCATION  or  suspension  of
firearms  license  and ineligibility for such a license upon issuance of
an order of protection. Whenever an order of protection is issued pursu-
ant to subdivision five of section 530.12 or subdivision four of section
530.13 of this article:
  (b) the court MAY AND, IN THE  COUNTIES  OF  SUFFOLK,  NASSAU,  KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
finds a substantial risk that the defendant may use or threaten to use a
firearm  unlawfully  against  the person or persons for whose protection
the order of protection is issued, (i) revoke any such existing  license
possessed  by  the  defendant, order the defendant ineligible for such a
license and order the immediate surrender of any or all  firearms  owned
or  possessed  or  (ii) suspend or continue to suspend any such existing
license possessed by the defendant, order the defendant  ineligible  for
such  a  license and order the immediate surrender [pursuant to subpara-
graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
vision six of section 400.05 of the penal law,] of any or  all  firearms
owned or possessed.
  S  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
section 530.14 of the criminal procedure law, as amended by chapter 1 of
the laws of 2013, are amended to read as follows:
  [Revocation] MANDATORY AND  PERMISSIVE  REVOCATION  or  suspension  of
firearms  license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection. Whenever  a  defendant
has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
subdivision eight of section 530.13 of this article  to  have  willfully
failed  to  obey  an  order of protection issued by a court of competent
jurisdiction in this state  or  another  state,  territorial  or  tribal
jurisdiction,  in  addition  to any other remedies available pursuant to
subdivision eleven of section 530.12 or  subdivision  eight  of  section
530.13 of this article:
  (b)  the  court  MAY  AND,  IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHESTER, shall where the court
finds a substantial risk that the defendant may use or threaten to use a
firearm unlawfully against the person or persons  for  whose  protection
the order of protection was issued, (i) revoke any such existing license
possessed  by  the  defendant, order the defendant ineligible for such a
license and order the immediate surrender [pursuant to subparagraph  (f)
of  paragraph one of subdivision a of section 265.20 and subdivision six
of section 400.05 of the penal law,] of any or  all  firearms  owned  or
possessed  or  (ii)  suspend  any such existing license possessed by the
defendant, order the defendant ineligible for such a license  and  order
the  immediate  surrender [pursuant to subparagraph (f) of paragraph one
of subdivision a of section 265.20 and subdivision six of section 400.05
of the penal law,] of any or all firearms owned or possessed.
  S 15. The article heading of article 39-DDD of  the  general  business
law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
follows:
        PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
                           IN CERTAIN COUNTIES

S. 7897                             8

  S 16. Subdivision 1 of section 898 of the  general  business  law,  as
added by chapter 1 of the laws of 2013, is amended to read as follows:
  1. In addition to any other requirements pursuant to state and federal
law,  all sales, exchanges or disposals of firearms, rifles or shotguns,
IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND,  NEW  YORK,
BRONX  AND  WESTCHESTER,  shall  be  conducted  in  accordance with this
section unless such  sale,  exchange  or  disposal  is  conducted  by  a
licensed  importer,  licensed  manufacturer or licensed dealer, as those
terms are defined in 18 USC S 922, when such sale, exchange or  disposal
is  conducted pursuant to that person's federal firearms license or such
sale, exchange or disposal is between members of  an  immediate  family.
For  purposes  of  this  section, "immediate family" shall mean spouses,
domestic partners, children and step-children.
  S 17. Paragraph (q) of subdivision 2 of section 212 of  the  judiciary
law,  as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
  (q) Adopt rules to  require  transmission,  to  the  criminal  justice
information  services division of the federal bureau of investigation or
to the division of criminal justice services,  of  the  name  and  other
identifying  information of each person who has a guardian appointed for
him or her pursuant to any provision of state law, based on  a  determi-
nation  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. Any such records,
RELATING  TO  PERSONS  RESIDING IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER,  transmitted  directly
to  the  federal bureau of investigation must also be transmitted to the
division of criminal justice services[, and any records received by  the
division  of criminal justice services pursuant to this paragraph may be
checked against the statewide license and record database].
  S 18. Subdivision (j) of section 7.09 of the mental  hygiene  law,  as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  (j)  (1)  The commissioner, in cooperation with other applicable state
agencies, shall collect, retain or modify data  or  records,  and  shall
transmit  such  data or records: (i) to the division of criminal justice
services, or to the criminal justice information  services  division  of
the  federal  bureau of investigation, for the purposes of responding to
queries to the national instant criminal background check system regard-
ing attempts to purchase or otherwise take possession  of  firearms,  as
defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
or regulations, or (ii) FOR PERSONS RESIDING IN THE COUNTY  OF  SUFFOLK,
NASSAU,  KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, to the
division of criminal justice services, which may re-disclose  such  data
and  records  only  for determining whether a license issued pursuant to
section 400.00 of the penal law should be denied, suspended or  revoked,
under  subdivision  eleven of such section, or for determining whether a
person is no longer permitted under federal or state law  to  possess  a
firearm.  Such  records,  which  may  not be used for any other purpose,
shall include only names and other non-clinical identifying  information
of  persons who have been involuntarily committed to a hospital pursuant
to article nine of this chapter, [or section four hundred two or  subdi-
vision  two  of  section  five  hundred eight of the correction law,] or
article seven hundred thirty or section 330.20 of the criminal procedure
law or sections 322.2 or 353.4 of the family court act, or to  a  secure
treatment facility pursuant to article ten of this chapter.

S. 7897                             9

  (2)  The  commissioner  shall  establish  within  the office of mental
health an administrative process to permit a person who has been or  may
be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
922(4)(d) or who has been or may be disqualified from continuing to have
a  license  to  carry,  possess,  repair,  or dispose of a firearm under
section 400.00 of the penal law because such person, WHO RESIDES IN  THE
COUNTY  OF  SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR
WESTCHESTER, was involuntarily committed or civilly confined to a facil-
ity under the jurisdiction of the commissioner, to petition  for  relief
from  that disability where such person's record and reputation are such
that such person will not be likely to act  in  a  manner  dangerous  to
public safety and where the granting of the relief would not be contrary
to  public  safety.  The  commissioner  shall  promulgate regulations to
establish the relief from disabilities program, which shall include, but
not be limited to, provisions providing for: (i) an  opportunity  for  a
disqualified person to petition for relief in writing; (ii) the authori-
ty  for  the  agency  to  require that the petitioner undergo a clinical
evaluation and risk assessment; and (iii) a requirement that the  agency
issue a decision in writing explaining the reasons for a denial or grant
of  relief. The denial of a petition for relief from disabilities may be
reviewed de novo pursuant to the proceedings under article seventy-eight
of the civil practice law and rules.
  S 19. Subdivision (b) of section 9.46 of the mental  hygiene  law,  as
added by chapter 1 of the laws of 2013, is amended to read as follows:
  (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
health professional currently providing treatment services to a  person,
WHO  RESIDES  IN THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND,
NEW YORK, BRONX OR WESTCHESTER, determines, in the exercise  of  reason-
able  professional  judgment,  that  such  person is likely to engage in
conduct that would result in serious harm to self or others, he  or  she
shall  be required to report, as soon as practicable, to the director of
community services, or the director's designee, who shall report to  the
division of criminal justice services whenever he or she agrees that the
person  is  likely to engage in such conduct. Information transmitted to
the division of criminal justice services shall be limited to names  and
other  non-clinical  identifying information, which may only be used for
determining whether a license issued pursuant to section 400.00  of  the
penal  law  should be suspended or revoked, or for determining whether a
person is ineligible for a license issued pursuant to section 400.00  of
the  penal  law, or is no longer permitted under state or federal law to
possess a firearm.
  S 20. Subdivision 22 of section 265.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
  22. "Assault weapon" means
  (a) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION, A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT  A  DETACHABLE
MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
  (A) A FOLDING OR TELESCOPING STOCK;
  (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
  (C) A BAYONET MOUNT;
  (D) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED  TO  ACCOMMODATE  A
FLASH SUPPRESSOR;
  (E) A GRENADE LAUNCHER; OR
  (II)  A  SEMIAUTOMATIC  SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
CHARACTERISTICS:

S. 7897                            10

  (A) A FOLDING OR TELESCOPING STOCK;
  (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
  (C) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
  (D) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
  (III) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHA-
BLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
  (A)  AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
PISTOL GRIP;
  (B) A THREADED BARREL CAPABLE OF ACCEPTING A  BARREL  EXTENDER,  FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
  (C)  A  SHROUD  THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE  FIREARM  WITH
THE NONTRIGGER HAND WITHOUT BEING BURNED;
  (D)  A  MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED;
  (E) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
OR
  (IV) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR  RECEIVERS  OF  SUCH
WEAPONS,  OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
AS:
  (A) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
MODELS);
  (B) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
  (C) BERETTA AR70 (SC-70);
  (D) COLT AR-15;
  (E) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
  (F) SWD M-10, M-11, M-11/9, AND M-12;
  (G) STEYR AUG;
  (H) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
  (I) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR  TO)  THE  STREET
SWEEPER AND STRIKER 12;
  (V) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: (A) ANY RIFLE,
SHOTGUN  OR PISTOL THAT (I) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR
SLIDE ACTION; (II) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (III) IS
AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);
  (B) A SEMIAUTOMATIC RIFLE THAT CANNOT  ACCEPT  A  DETACHABLE  MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
  (C)  A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS OF
AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
  (D) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A  DUPLICATE  THEREOF,
SPECIFIED  IN  APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE.  THE  MERE
FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
  (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF  THIS  SUBDIVI-
SION  LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
NINETY-FOUR.
  (B)  (I) IN THE COUNTIES OF SUFFOLK, NASSAU, KINGS, QUEENS,  RICHMOND,
NEW YORK, BRONX AND WESTCHESTER, a semiautomatic rifle that has an abil-
ity  to accept a detachable magazine and has at least one of the follow-
ing characteristics:
  [(i)] (A) a folding or telescoping stock;
  [(ii)] (B) a pistol grip  that  protrudes  conspicuously  beneath  the
action of the weapon;

S. 7897                            11

  [(iii)] (C) a thumbhole stock;
  [(iv)]  (D) a second handgrip or a protruding grip that can be held by
the non-trigger hand;
  [(v)] (E) a bayonet mount;
  [(vi)] (F) a flash suppressor, muzzle break,  muzzle  compensator,  or
threaded  barrel  designed  to  accommodate  a  flash suppressor, muzzle
break, or muzzle compensator;
  [(vii)] (G) a grenade launcher; or
  [(b)] (II) a semiautomatic shotgun  that  has  at  least  one  of  the
following characteristics:
  [(i)] (A) a folding or telescoping stock;
  [(ii)] (B) a thumbhole stock;
  [(iii)] (C) a second handgrip or a protruding grip that can be held by
the non-trigger hand;
  [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
  [(v)] (E) an ability to accept a detachable magazine; or
  [(c)]  (III)  a  semiautomatic  pistol that has an ability to accept a
detachable magazine and has at least one  of  the  following  character-
istics:
  [(i)] (A) a folding or telescoping stock;
  [(ii)] (B) a thumbhole stock;
  [(iii)] (C) a second handgrip or a protruding grip that can be held by
the non-trigger hand;
  [(iv)]  (D) capacity to accept an ammunition magazine that attaches to
the pistol outside of the pistol grip;
  [(v)] (E) a threaded barrel capable of accepting  a  barrel  extender,
flash suppressor, forward handgrip, or silencer;
  [(vi)]  (F)  a  shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold  the  firearm
with the non-trigger hand without being burned;
  [(vii)]  (G)  a  manufactured  weight of fifty ounces or more when the
pistol is unloaded; or
  [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
firearm;
  [(d)] (IV) a revolving cylinder shotgun;
  [(e)] (V) a semiautomatic rifle, a semiautomatic shotgun or a  semiau-
tomatic pistol or weapon defined in subparagraph (v) of paragraph (e) of
subdivision  twenty-two  of  section  265.00 of this chapter as added by
chapter one hundred eighty-nine of the laws of two thousand  and  other-
wise  lawfully  possessed  pursuant  to  such chapter of the laws of two
thousand prior to September fourteenth, nineteen hundred ninety-four;
  [(f)] (VI) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
tomatic pistol or weapon defined in paragraph (a), (b) or  (c)  of  this
subdivision,  possessed prior to the date of enactment of the chapter of
the laws of two thousand thirteen which added this paragraph;
  [(g)] (VII) provided, however, that such term does not include:
  [(i)] (A) any rifle, shotgun or pistol  that  [(A)]  (I)  is  manually
operated  by  bolt,  pump,  lever  or  slide action; [(B)] (II) has been
rendered permanently inoperable; or [(C)] (III) is an antique firearm as
defined in 18 U.S.C.  921(a)(16);
  [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
zine that holds more than five rounds of ammunition;
  [(iii)] (C) a semiautomatic shotgun that cannot hold  more  than  five
rounds of ammunition in a fixed or detachable magazine; or
  [(iv)]  (D)  a  rifle,  shotgun or pistol, or a replica or a duplicate
thereof, specified in Appendix A to 18 U.S.C. 922  as  such  weapon  was

S. 7897                            12

manufactured  on  October first, nineteen hundred ninety-three. The mere
fact that a weapon is not listed in Appendix A shall not be construed to
mean that such weapon is an assault weapon;
  [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
subject to the provisions of [paragraph (h)] SUBPARAGRAPH (VIII) of this
[subdivision] PARAGRAPH;
  [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
least fifty years prior to the current date, but not including  replicas
thereof  that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter;
  [(h)] (VIII) Any weapon defined in [paragraph (e) or (f)] SUBPARAGRAPH
(V) OR (VI) of this [subdivision] PARAGRAPH and any large capacity ammu-
nition feeding device that was legally possessed by an individual  prior
to  the  enactment  of  the chapter of the laws of two thousand thirteen
which added this paragraph, may only  be  sold  to,  exchanged  with  or
disposed  of  to a purchaser authorized to possess such weapons or to an
individual or entity outside of the state provided that any such  trans-
fer  to an individual or entity outside of the state must be reported to
the entity wherein the weapon is registered within seventy-two hours  of
such  transfer.  An  individual  who  transfers any such weapon or large
capacity ammunition device to an individual inside  New  York  state  or
without  complying with the provisions of this paragraph shall be guilty
of a class A misdemeanor unless such large capacity  ammunition  feeding
device,  the  possession  of which is made illegal by the chapter of the
laws of two thousand thirteen which added this [paragraph] SUBPARAGRAPH,
is transferred within one year of the effective date of the  chapter  of
the  laws of two thousand thirteen which added this [paragraph] SUBPARA-
GRAPH.
  S 21. Subdivision 23 of section 265.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
  23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER  THIR-
TIETH,  NINETEEN  HUNDRED  NINETY-FOUR, that [(a)] has a capacity of, or
that can be readily restored or  converted  to  accept,  more  than  ten
rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
tion,  or (c) is obtained after the effective date of the chapter of the
laws of two thousand thirteen which amended this subdivision and  has  a
capacity  of,  or  that  can be readily restored or converted to accept,
more than seven rounds of ammunition]; provided, however, that such term
does not include an attached tubular  device  designed  to  accept,  and
capable  of  operating  only  with, .22 caliber rimfire ammunition [or a
feeding device that is a curio or relic. A  feeding  device  that  is  a
curio or relic is defined as a device that (i) was manufactured at least
fifty  years  prior  to  the current date, (ii) is only capable of being
used exclusively in a firearm, rifle, or shotgun that  was  manufactured
at least fifty years prior to the current date, but not including repli-
cas  thereof,  (iii) is possessed by an individual who is not prohibited
by state or federal law from possessing a firearm and (iv) is registered
with the division of state police pursuant to subdivision  sixteen-a  of
section  400.00 of this chapter, except such feeding devices transferred
into the state may be registered at any time, provided they  are  regis-
tered within thirty days of their transfer into the state. Notwithstand-
ing  paragraph (h) of subdivision twenty-two of this section, such feed-
ing devices may be transferred provided  that  such  transfer  shall  be

S. 7897                            13

subject  to  the  provisions of section 400.03 of this chapter including
the check required to be conducted pursuant to such section].
  S  22.  Subdivision 24 of section 265.00 of the penal law, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
  24. "Seller of ammunition" means any person, firm, partnership, corpo-
ration or company who engages in the business of purchasing, selling  or
keeping  ammunition  IN  THE  COUNTY  OF SUFFOLK, NASSAU, KINGS, QUEENS,
RICHMOND, NEW YORK, BRONX OR WESTCHESTER.
  S 23. The opening paragraph of section 265.01-b of the penal  law,  as
added by chapter 1 of the laws of 2013, is amended to read as follows:
  A person is guilty of criminal possession of a firearm when he or she,
BEING  A RESIDENT OF THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICH-
MOND, NEW YORK, BRONX OR WESTCHESTER:  (1) possesses any firearm or; (2)
lawfully possesses a firearm prior to the effective date of the  chapter
of the laws of two thousand thirteen which added this section subject to
the registration requirements of subdivision sixteen-a of section 400.00
of this chapter and knowingly fails to register such firearm pursuant to
such subdivision.
  S  24.  Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
penal law, paragraph 3 as amended and paragraph 7-f as added by  chapter
1 of the laws of 2013, are amended to read as follows:
  3.  Possession  of  a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or  400.01  of
this  chapter  or  possession,  IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, of a weapon as defined
in SUBPARAGRAPH (V) OR (VI) OF paragraph [(e) or (f)] (B) of subdivision
twenty-two of section 265.00 of this article which is registered  pursu-
ant  to paragraph (a) of subdivision sixteen-a of section 400.00 of this
chapter or is included on an amended license issued pursuant to  section
400.00 of this chapter. In the event such license is revoked, other than
because such licensee is no longer permitted to possess a firearm, rifle
or shotgun under federal or state law, information sufficient to satisfy
the  requirements  of  subdivision  sixteen-a  of section 400.00 of this
chapter, shall be transmitted by the licensing officer to  the  DIVISION
OF  state police, in a form as determined by the superintendent of state
police. Such transmission shall constitute a  valid  registration  under
such  section.  Further  provided,  notwithstanding any other section of
this title, a failure to register such weapon by an individual,  IN  THE
COUNTY  OF  SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR
WESTCHESTER, who possesses such weapon before the enactment of the chap-
ter of the laws of two thousand thirteen which  amended  this  paragraph
and  may so lawfully possess it thereafter upon registration, shall only
be subject to  punishment  pursuant  to  paragraph  (c)  of  subdivision
sixteen-a  of  section  400.00  of  this  chapter; provided, that such a
license or registration shall not preclude a conviction for the  offense
defined  in  subdivision  three  of  section  265.01  of this article or
section 265.01-a of this article.
  7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
device,  IN  THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
YORK, BRONX OR WESTCHESTER, that contains  more  than  seven  rounds  of
ammunition,  but  that  does  not  have  a capacity of or can readily be
restored or converted to accept more than ten rounds of  ammunition,  at
an  indoor  or  outdoor  firing range located in or on premises owned or
occupied by a duly incorporated organization organized for  conservation
purposes  or  to  foster  proficiency  in  arms; at an indoor or outdoor
firing range for the purpose of firing a rifle or shotgun; at a collegi-

S. 7897                            14

ate, olympic or target shooting competition under  the  auspices  of  or
approved  by  the  national  rifle association; or at an organized match
sanctioned by the International Handgun Metallic Silhouette Association.
  S  25.  The  opening  paragraph of section 265.36 of the penal law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:
  It shall be unlawful for a person, IN THE COUNTY OF  SUFFOLK,  NASSAU,
KINGS,  QUEENS,  RICHMOND,  NEW YORK, BRONX OR WESTCHESTER, to knowingly
possess a large capacity ammunition feeding device  manufactured  before
September  thirteenth,  nineteen hundred ninety-four, and if such person
lawfully possessed such large capacity feeding device before the  effec-
tive  date  of  the  chapter  of the laws of two thousand thirteen which
added this section, that has a capacity  of,  or  that  can  be  readily
restored or converted to accept, more than ten rounds of ammunition.
  S  26.  The  opening  paragraph of section 265.37 of the penal law, as
amended by section 2 of part FF of chapter 57 of the laws  of  2013,  is
amended to read as follows:
  It  shall be unlawful for a person to knowingly possess, IN THE COUNTY
OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK,  BRONX  OR  WEST-
CHESTER,  an  ammunition  feeding device where such device contains more
than seven rounds of ammunition.
  S 27. The opening paragraph of section 265.45 of  the  penal  law,  as
amended  by  section  3 of part FF of chapter 57 of the laws of 2013, is
amended to read as follows:
  No person, RESIDING IN THE COUNTY OF SUFFOLK, NASSAU,  KINGS,  QUEENS,
RICHMOND,  NEW YORK, BRONX OR WESTCHESTER, who owns or is custodian of a
rifle, shotgun or firearm who resides with an individual who such person
knows or has reason to know is  prohibited  from  possessing  a  firearm
pursuant  to  18  U.S.C.  S  922(g)  (1), (4), (8) or (9) shall store or
otherwise leave such rifle, shotgun or firearm out of his or her immedi-
ate possession or control without  having  first  securely  locked  such
rifle,  shotgun  or firearm in an appropriate safe storage depository or
rendered it incapable of being fired by use  of  a  gun  locking  device
appropriate  to  that weapon. For purposes of this section "safe storage
depository" shall mean a safe or  other  secure  container  which,  when
locked,  is  incapable  of  being opened without the key, combination or
other unlocking mechanism and is capable of preventing  an  unauthorized
person  from  obtaining access to and possession of the weapon contained
therein. With respect to a person who is prohibited  from  possessing  a
firearm  pursuant  to  18 USC S 922(g)(9), for purposes of this section,
this section applies only if such person has been convicted of  a  crime
included  in subdivision one of section 370.15 of the criminal procedure
law and such gun is possessed within five years from the  later  of  the
date  of  conviction  or completion of sentence. Nothing in this section
shall be deemed to affect, impair or supersede any special or local  act
relating  to  the  safe  storage  of  rifles, shotguns or firearms which
impose additional requirements on the owner or custodian of  such  weap-
ons.
  S  28. 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

S. 7897                            15

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
citizenship;  (i) who has stated whether he or she has ever suffered any
mental illness; (j) who, BEING A RESIDENT  OF  THE  COUNTY  OF  SUFFOLK,
NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, has not
been  involuntarily committed to a facility 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  author-
ized  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, maintenance and  stor-
age of a firearm; and (ii) persons who were licensed to possess a pistol
or  revolver  prior  to  the  effective  date  of this paragraph are not
required to have completed a firearms safety course and test;  (m)  who,
BEING  A RESIDENT OF THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICH-
MOND, NEW YORK, BRONX OR WESTCHESTER, has not had a  guardian  appointed
for him or her pursuant to any provision of state law, based on a deter-
mination  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) concern-
ing whom no good cause exists for the denial of the license.  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  busi-
ness  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 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
law, as amended by chapter 1 of the laws of 2013, are amended to read as
follows:
  4.  Investigation.  Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the

S. 7897                            16

duly constituted police authorities of the locality where such  applica-
tion  is  made[,  including  but  not  limited to such records as may be
accessible to the division of  state  police  or  division  of  criminal
justice  services  pursuant to section 400.02 of this article]. For that
purpose, the records of the appropriate  office  of  the  department  of
mental  hygiene  concerning  previous  or  present mental illness of the
applicant shall be available for inspection by the investigating officer
of the police authority. In order to  ascertain  any  previous  criminal
record,  the investigating officer shall take the fingerprints and phys-
ical descriptive data in quadruplicate of each individual  by  whom  the
application  is  signed  and  verified.  Two copies of such fingerprints
shall be taken on standard fingerprint cards eight  inches  square,  and
one copy may be taken on a card supplied for that purpose by the federal
bureau of investigation; provided, however, that in the case of a corpo-
rate applicant that has already been issued a dealer in firearms license
and  seeks  to  operate  a  firearm dealership at a second or subsequent
location, the original fingerprints on file may be used to ascertain any
criminal record in the second or subsequent application  unless  any  of
the  corporate  officers  have  changed  since the prior application, in
which case the  new  corporate  officer  shall  comply  with  procedures
governing  an  initial application for such license. When completed, one
standard card shall be forwarded to and  retained  by  the  division  of
criminal  justice  services  in  the  executive department, at Albany. A
search of the files of such division and  written  notification  of  the
results of the search to the investigating officer shall be made without
unnecessary  delay. Thereafter, such division shall notify the licensing
officer and the executive department, division of state police,  Albany,
of  any criminal record of the applicant filed therein subsequent to the
search of its files. A second standard card, or the one supplied by  the
federal  bureau of investigation, as the case may be, shall be forwarded
to that bureau at Washington with a request that the files of the bureau
be searched and notification of the results of the search be made to the
investigating police authority. Of the remaining two fingerprint  cards,
one  shall  be  filed  with  the executive department, division of state
police, Albany, within ten days after issuance of the license,  and  the
other  remain  on  file with the investigating police authority. No such
fingerprints may be inspected by any person other than a peace  officer,
who  is  acting  pursuant  to  his  special duties, or a police officer,
except on order of a judge or justice of a court of record  either  upon
notice  to  the  licensee or without notice, as the judge or justice may
deem appropriate. Upon  completion  of  the  investigation,  the  police
authority  shall  report  the  results  to the licensing officer without
unnecessary delay.
  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.
Except as provided in paragraphs (b) through (f)  of  this  subdivision,
the  name  and  address  of  any  person  to whom an application for any
license has been granted shall be a public record. Upon application by a
licensee who has changed his place of residence such records or applica-
tions shall be transferred to the appropriate officer at the  licensee's

S. 7897                            17

new  place  of  residence. A duplicate 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. The
superintendent of state police may designate that such application shall
be  transmitted  to  the division of state police electronically. In the
event the superintendent of the division of state police determines that
it lacks any of the records required to be filed with the  division,  it
may  request  that  such  records  be  provided to it by the appropriate
clerk, department or authority and such clerk, department  or  authority
shall  provide  the division with such records. In the event such clerk,
department or authority lacks such records, the division may request the
license holder provide information sufficient to constitute such  record
and  such  license  holder shall provide the division with such informa-
tion. Such information shall be limited to the  license  holder's  name,
date of birth, gender, race, residential address, social security number
and  firearms possessed by said license holder. Nothing in this subdivi-
sion shall be construed to change the expiration date or  term  of  such
licenses  if  otherwise  provided  for  in  law.  [Records  assembled or
collected for purposes of inclusion in the database established by  this
section  shall  be released pursuant to a court order. Records assembled
or collected for purposes of inclusion in the database created  pursuant
to  section  400.02  of  this chapter shall not be subject to disclosure
pursuant to article six of the public officers law.]
  (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 his or her application information
becoming public record pursuant to paragraph (a)  of  this  subdivision.
Such  forms,  which  shall also be made available to individuals who had
applied for or been granted a license prior to the effective date of the
chapter of the laws of two thousand thirteen which amended this section,
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  determination  is  provided  to  the  applicant.
Further, such forms shall provide each applicant an opportunity to spec-
ify  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 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

S. 7897                            18

  (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 the information provided on  such
form  becoming  public record pursuant to paragraph (a) of this subdivi-
sion. 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  determination  is
provided to the applicant. Further, such forms shall provide each appli-
cant  an opportunity to either decline to request the grant or continua-
tion 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
following  the effective date of the chapter 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 para-
graph (b) of this subdivision, may be released only if such  individuals
did not file a request for such an exception 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

S. 7897                            19

of  the  civil  practice  [laws]  LAW  and  rules.  Such proceeding must
commence within thirty days after service of the written notice contain-
ing 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.
  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 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  accord-
ance  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 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, cali-
ber and serial number of all firearms currently possessed. Such  certif-
ication  information 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 previously revoked or cancelled, shall be in  force  and  effect
until  revoked  as herein provided. 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 applica-
tion 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  dupli-
cate license.
  (b)  All  licensees,  WHO  RESIDE  IN THE COUNTY OF SUFFOLK, NASSAU OR
WESTCHESTER, shall be recertified to the division of state police  every
five  years thereafter. Any license TO SUCH A LICENSEE issued before the
effective date of the chapter 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, and not less than one year
prior to such date, the DIVISION OF state police shall send a notice  to
all  SUCH  license  holders  who have not recertified by such time. Such
recertification shall be in a form as approved by the superintendent  of
state  police,  which  shall  request the license holder's name, date of

S. 7897                            20

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 electronic
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]
DIVISION OF state police [discover] DISCOVERS as a result of the  recer-
tification  process  that  a  licensee  failed  to  provide  a change of
address, the [New York] DIVISION OF state police shall not  require  the
licensing officer to revoke such license.
  11. License: revocation and suspension. (a) The conviction of a licen-
see  anywhere  of a felony or serious offense [or a licensee at any time
becoming ineligible to obtain a license under this section] shall  oper-
ate  as  a  revocation  of  the  license.  A  license  may be revoked or
suspended as provided for in section 530.14 of  the  criminal  procedure
law or section eight hundred forty-two-a of the family court act. Except
for  a  license  issued  pursuant  to  section 400.01 of this article, a
license may be revoked and cancelled at any time  in  the  city  of  New
York,  and in the counties of Nassau and Suffolk, by the licensing offi-
cer, and elsewhere than in the city of New York by any judge or  justice
of  a  court  of  record; a license issued pursuant to section 400.01 of
this article may be revoked and cancelled at any time by  the  licensing
officer  or  any  judge  or  justice  of a court of record. The official
revoking a license shall give written notice thereof without unnecessary
delay to the executive department, division of state police, Albany, and
shall also notify immediately the duly constituted police authorities of
the locality.
  (b) Whenever the director of  community  services  IN  THE  COUNTY  OF
SUFFOLK,  NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX AND WESTCHES-
TER, or his or her designee makes a report pursuant to section  9.46  of
the  mental hygiene law, the division of criminal justice services shall
convey such information, whenever it determines that the person named in
the report possesses a license issued pursuant to this section,  to  the
appropriate  licensing  official, who shall issue an order suspending or
revoking such license.
  (c) In any instance in  which  a  person's  license  is  suspended  or
revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
shall surrender such license to the appropriate licensing  official  and
any  and  all  firearms,  rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency  as
provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
section 265.20 of this chapter. In  the  event  such  license,  firearm,
shotgun,  or  rifle  is not surrendered, such items shall be removed and
declared a nuisance and any  police  officer  or  peace  officer  acting
pursuant  to  his  or her special duties is authorized to remove any and
all such weapons.
  12. Records required of gunsmiths and dealers in firearms. Any  person
licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
approved as to form, except in the city of New York, by the  superinten-
dent of state police. In the record book shall be entered at the time of
every  transaction  involving  a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's  name
and  serial number, or if none, any other distinguishing number or iden-
tification mark on such firearm. Before  delivering  a  firearm  to  any
person, the licensee shall require him to produce either a license valid

S. 7897                            21

under  this  section  to  carry  or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20.  In  addition,
before delivering a firearm to a peace officer, the licensee shall veri-
fy  that  person's  status as a peace officer with the division of state
police. After completing the foregoing, the licensee  shall  remove  and
retain the attached coupon and enter in the record book the date of such
license,  number, if any, and name of the licensing officer, in the case
of the holder of a license to carry or possess, or the shield  or  other
number,  if  any, assignment and department, unit or agency, in the case
of an exempt person. The original transaction report shall be  forwarded
to  the division of state police within ten days of delivering a firearm
to any person, and a duplicate copy shall be kept by the  licensee.  The
superintendent  of  state police may designate that such record shall be
completed and transmitted in electronic form. A dealer may be granted  a
waiver  from  transmitting such records in electronic form if the super-
intendent determines that such dealer is incapable of such  transmission
due  to  technological  limitations  that  are not reasonably within the
control of the dealer, or other exceptional  circumstances  demonstrated
by  the  dealer, pursuant to a process established in regulation, and at
the discretion of the superintendent. [Records  assembled  or  collected
for  purposes  of  inclusion in the database created pursuant to section
400.02 of this article shall not be subject to  disclosure  pursuant  to
article  six of the public officers law.] The record book shall be main-
tained on the premises mentioned and described in the license and  shall
be  open  at  all  reasonable hours for inspection by any peace officer,
acting pursuant to his special duties, or police officer. In  the  event
of  cancellation  or revocation of the license for gunsmith or dealer in
firearms, or discontinuance of business by a licensee, such record  book
shall be immediately surrendered to the licensing officer in the city of
New  York,  and  in the counties of Nassau and Suffolk, and elsewhere in
the state to the executive department, division of state police.
  S 30. Subdivision 16-a of section 400.00 of the penal law, as added by
chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
the laws of 2013, is amended to read as follows:
  16-a. Registration. (a) An owner of a weapon defined in paragraph  (e)
or  (f) of subdivision twenty-two of section 265.00 of this chapter, WHO
RESIDES IN THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS,  RICHMOND,  NEW
YORK,  BRONX  OR WESTCHESTER, possessed before the date of the effective
date of the chapter of the laws of two  thousand  thirteen  which  added
this  paragraph,  must  make an application to register such weapon with
the superintendent of state police, in the manner provided by the super-
intendent, or by amending a license  issued  pursuant  to  this  section
within  one  year  of  the effective date of this subdivision except any
weapon defined under subparagraph (vi) of paragraph (g)  of  subdivision
twenty-two  of section 265.00 of this chapter transferred into the state
may be registered at any time,  provided  such  weapons  are  registered
within thirty days of their transfer into the state. Registration infor-
mation shall include the registrant's name, date of birth, gender, race,
residential  address,  social  security number and a description of each
weapon being registered.  A  registration  IN  THE  COUNTY  OF  SUFFOLK,
NASSAU,  KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, of any
weapon defined under subparagraph (vi) of paragraph (g)  of  subdivision
twenty-two of section 265.00 or a feeding device as defined under subdi-
vision twenty-three of section 265.00 of this chapter shall be transfer-
able,  provided  that  the  seller notifies the DIVISION OF state police
within seventy-two hours of the transfer  and  the  buyer  provides  the

S. 7897                            22

DIVISION  OF  state  police  with information sufficient to constitute a
registration under this section. Such registration shall not be valid if
such registrant is prohibited or becomes prohibited  from  possessing  a
firearm  pursuant  to  state  or  federal  law. The superintendent shall
determine whether  such  registrant  is  prohibited  from  possessing  a
firearm  under  state  or  federal  law.  Such check shall be limited to
determining whether the factors in 18 USC 922 (g)  apply  or  whether  a
registrant  has been convicted of a serious offense as defined in subdi-
vision sixteen-b of section 265.00 of this chapter, so  as  to  prohibit
such registrant from possessing a firearm, and whether a report has been
issued  pursuant  to section 9.46 of the mental hygiene law.  [All] SUCH
registrants shall recertify to the division of state police  every  five
years  thereafter.  Failure to recertify shall result in a revocation of
such registration.
  (a-1) Notwithstanding any inconsistent provisions of paragraph (a)  of
this  subdivision,  an  owner,  WHO  RESIDES  IN  THE COUNTY OF SUFFOLK,
NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER,  of  an
assault weapon as defined in subdivision twenty-two of section 265.00 of
this  chapter,  who  is  a  qualified  retired  New  York or federal law
enforcement officer as defined in  subdivision  twenty-five  of  section
265.00  of this chapter, where such weapon was issued to or purchased by
such officer prior to retirement and in the course of his or  her  offi-
cial duties, and for which such officer was qualified by the agency that
employed  such  officer within twelve months prior to his or her retire-
ment, must register such weapon within sixty days of retirement.
  (b) The superintendent of state police shall create  and  maintain  an
internet  website  to  educate  the  public, WHO RESIDE IN THE COUNTY OF
SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX  OR  WESTCHES-
TER, as to which semiautomatic rifle, semiautomatic shotgun or semiauto-
matic  pistol or weapon that are illegal as a result of the enactment of
the chapter of the laws of two thousand thirteen which added this  para-
graph,  as  well  as  such assault weapons which are illegal pursuant to
article two hundred sixty-five  of  this  chapter.  Such  website  shall
contain information to assist [the] SUCH public in recognizing the rele-
vant features proscribed by such article two hundred sixty-five, as well
as which make and model of weapons that require registration.
  (c)  A  person,  WHO  RESIDES IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,
QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, who knowingly fails to
apply to register such weapon, as required by this section,  within  one
year  of  the  effective date of the chapter of the laws of two thousand
thirteen which added this paragraph shall be guilty of a class A  misde-
meanor  and  such  person who unknowingly fails to validly register such
weapon within such one year period shall be given a warning by an appro-
priate law enforcement authority about such  failure  and  given  thirty
days  in  which  to  apply to register such weapon or to surrender it. A
failure to apply or surrender such weapon within such thirty-day  period
shall result in such weapon being removed by an appropriate law enforce-
ment authority and declared a nuisance.
  S 31. Section 400.02 of the penal law is REPEALED.
  S  32.  Section  400.03 of the penal law, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
S 400.03 Sellers of ammunition.
  1. A seller of ammunition as defined  in  subdivision  twenty-four  of
section  265.00 of this chapter DOING BUSINESS IN THE COUNTY OF SUFFOLK,
NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK, BRONX OR  WESTCHESTER,  shall
register with the superintendent of state police in a manner provided by

S. 7897                            23

the  superintendent.  Any  dealer  in  firearms that is validly licensed
pursuant to section 400.00 of this article  shall  not  be  required  to
complete such registration.
  2.  Any  seller  of ammunition or dealer in firearms DOING BUSINESS IN
THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK,  BRONX
OR  WESTCHESTER,  shall  keep  a  record book approved as to form by the
superintendent of state police. In the record book shall be  entered  at
the  time of every transaction involving ammunition the date, name, age,
occupation and residence of any person from whom ammunition is  received
or to whom ammunition is delivered, and the amount, calibre, manufactur-
er's name and serial number, or if none, any other distinguishing number
or  identification  mark  on  such  ammunition. The record book shall be
maintained on the premises mentioned and described in  the  license  and
shall  be open at all reasonable hours for inspection by any peace offi-
cer, acting pursuant to his or her special duties,  or  police  officer.
Any record produced pursuant to this section and any transmission there-
of  to any government agency shall not be considered a public record for
purposes of article six of the public officers law.
  3. [No later than thirty days after the superintendent  of  the  state
police  certifies  that the statewide license and record database estab-
lished pursuant to section 400.02 of this article is operational for the
purposes of this section, a] A dealer in firearms licensed  pursuant  to
section  400.00  of  this  article, a seller of ammunition as defined in
subdivision twenty-four of section 265.00 of this chapter DOING BUSINESS
IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,  QUEENS,  RICHMOND,  NEW  YORK,
BRONX  OR  WESTCHESTER,  shall  not transfer any ammunition to any other
person who is not a dealer in firearms as defined in subdivision nine of
such section 265.00 or a seller of ammunition as defined in  subdivision
twenty-four of section 265.00 of this chapter, unless:
  (a)  before  the  completion  of  the transfer, the licensee or seller
contacts the [statewide license and record database]  SUPERINTENDENT  OF
STATE POLICE and provides the [database] SUPERINTENDENT with information
sufficient to identify such dealer or seller, transferee based on infor-
mation  on  the transferee's identification document as defined in para-
graph (c) of this subdivision, as well as the amount, calibre,  manufac-
turer's name and serial number, if any, of such ammunition;
  (b) the [system] SUPERINTENDENT provides the licensee or seller with a
unique identification number; and
  (c)  the  transferor  has  verified  the identity of the transferee by
examining a valid state identification document of the transferee issued
by the department of motor vehicles or if the transferee is not a  resi-
dent of the state of New York, a valid identification document issued by
the  transferee's  state or country of residence containing a photograph
of the transferee.
  4. If the [database] SUPERINTENDENT OF STATE  POLICE  determines  that
the  purchaser  of ammunition is eligible to possess ammunition pursuant
to state and federal laws, [the system] HE OR SHE shall:
  (a) assign a unique identification number to the transfer; and
  (b) provide the licensee or seller with the number.
  5. If the [statewide license and record  database]  SUPERINTENDENT  OF
STATE POLICE notifies the licensee or seller that the information avail-
able  [to the database] does not demonstrate that the receipt of ammuni-
tion by such other person would violate 18 U.S.C. 922(g) or  state  law,
and the licensee transfers ammunition to such other person, the licensee
shall  indicate  to  the [database] SUPERINTENDENT that such transaction
has been completed at which point a record of such transaction shall  be

S. 7897                            24

created  which  shall  be accessible by the division of state police and
maintained for no longer than one year from point  of  purchase[,  which
shall  not  be  incorporated  into  the database established pursuant to
section  400.02  of this article or the registry established pursuant to
subdivision sixteen-a of section 400.00 of this article].  The  division
of  state police may share such information with a local law enforcement
agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
establish  probable  cause to believe that the purchaser has committed a
crime absent other information tending to  prove  the  commission  of  a
crime.  Records assembled or accessed pursuant to this section shall not
be subject to disclosure pursuant to article six of the public  officers
law.  This  requirement  of  this section shall not apply (i) if a back-
ground check cannot be completed because the system is  not  operational
as  determined by the superintendent of state police, or where it cannot
be accessed by the practitioner due  to  a  temporary  technological  or
electrical  failure,  as  set  forth  in regulation, or (ii) a dealer or
seller has been granted a waiver from conducting such  background  check
if  the  superintendent  of  state police determines that such dealer is
incapable of such check due to technological limitations  that  are  not
reasonably  within  the  control  of  the  dealer,  or other exceptional
circumstances demonstrated by the dealer, pursuant to a  process  estab-
lished in regulation, and at the discretion of such superintendent.
  6.  If  the  superintendent  of state police certifies that background
checks of ammunition purchasers IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,
QUEENS, RICHMOND, NEW  YORK,  BRONX  OR  WESTCHESTER  may  be  conducted
through  the  national  instant criminal background check system, use of
that system by a dealer or seller shall be sufficient to satisfy  subdi-
visions four and five of this section and such checks shall be conducted
through such system, provided that a record of such transaction shall be
forwarded  to  the  state police in a form determined by the superinten-
dent.
  7. No commercial transfer of ammunition shall take place IN THE COUNTY
OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW YORK,  BRONX  OR  WEST-
CHESTER  unless  a  licensed  dealer in firearms or registered seller of
ammunition acts as an intermediary between the transferor and the  ulti-
mate  transferee  of  the  ammunition for the purposes of contacting the
statewide license and record database pursuant  to  this  section.  Such
transfer  between  the  dealer  or  seller, and transferee must occur in
person.
  8. A seller of ammunition who  fails  to  register  pursuant  to  this
section  and sells ammunition, for a first offense, shall be guilty of a
violation and subject to the fine of one  thousand  dollars  and  for  a
second offense, shall be guilty of a class A misdemeanor.
  A seller of ammunition that fails to keep any record required pursuant
to  this section, for a first offense shall be guilty of a violation and
subject to a fine of five hundred dollars,  and  for  a  second  offense
shall  be  guilty of a class B misdemeanor, and the registration of such
seller shall be revoked.
  S 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
are amended to read as follows:
  (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
on;  (ii) IN THE COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
YORK, BRONX OR WESTCHESTER, ammunition as well as a  firearm,  rifle  or
shotgun  who  suffers  the loss or theft of such ammunition as well as a

S. 7897                            25

firearm, rifle or shotgun; or (iii) IN THE COUNTY  OF  SUFFOLK,  NASSAU,
KINGS,  QUEENS, RICHMOND, NEW YORK, BRONX OR WESTCHESTER, ammunition and
is a dealer in firearms or seller of ammunition who suffers the loss  or
theft of such ammunition shall within twenty-four hours of the discovery
of  the  loss or theft report the facts and circumstances of the loss or
theft to a police department or sheriff's office.
  3. Notwithstanding any other provision of law, a  violation  of  para-
graph  (a) of subdivision one of this section shall be [a class A misde-
meanor] PUNISHABLE ONLY BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
  S 34. Section 2509 of the surrogate's court procedure act, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
S 2509. Firearms inventory
  Whenever, by regulation, rule or statute, a fiduciary or  attorney  of
record  IN  THE  COUNTY OF SUFFOLK, NASSAU, KINGS, QUEENS, RICHMOND, NEW
YORK, BRONX OR WESTCHESTER must file a list  of  assets  constituting  a
decedent's  estate,  such list must include a particularized description
of every firearm, shotgun and  rifle,  as  such  terms  are  defined  in
section 265.00 of the penal law, that are part of such estate. Such list
must  be  filed  with  the  surrogate's court in the county in which the
estate proceeding, if any, is pending and a copy must be filed with  the
division of criminal justice services.
  S 35. This act shall take effect immediately.