S T A T E   O F   N E W   Y O R K
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                                  3713

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. DiPIETRO, STEC -- Multi-Sponsored by -- M. of A.
  McDONOUGH -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to  allowing  applicants  for
  gun  licenses to consent to disclosure of the information contained in
  the license application

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

  Section 1. Paragraphs (b), (c), (d), (e), (f) and (g) of subdivision 5
of section 400.00 of the penal law, as added by chapter 1 of the laws of
2013, are amended to read as follows:
  (b)  Each  application for a license pursuant to paragraph (a) of this
subdivision shall include, on a separate written form  prepared  by  the
division  of  state  police [within thirty days of the effective date of
the chapter of the laws of two thousand  thirteen,  which  amended  this
section,] and provided to the applicant at the same time and in the same
manner  as  the application for a license, an opportunity for the appli-
cant to [request an exception from] CONSENT TO his  or  her  application
information  becoming  public  record  pursuant to paragraph (a) of this
subdivision. Such forms, which shall also be made available to  individ-
uals  who  had applied for or been granted a license prior to the effec-
tive date of [the] SECTION FORTY-EIGHT OF chapter ONE of the laws of two
thousand thirteen [which amended this section], shall notify  applicants
that, upon discovery that an applicant knowingly provided false informa-
tion,  such  applicant  may  be subject to penalties pursuant to section
175.30 of this chapter[, and further, that his or  her  request  for  an
exception  shall be null and void, provided that written notice contain-
ing such determination is provided to the applicant. Further, such forms
shall provide each applicant an opportunity to specify  the  grounds  on
which  he  or she believes his or her application information should not
be publicly disclosed. These grounds, which shall be identified  on  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07859-01-5

              

A. 3713                             2

application  with  a box beside each for checking, as applicable, by the
applicant, shall be as follows:
  (i)  the  applicant's  life  or safety may be endangered by disclosure
because:
  (A) the applicant is an active or retired police officer, peace  offi-
cer, probation officer, parole officer, or corrections officer;
  (B)  the applicant is a protected person under a currently valid order
of protection;
  (C) the applicant is or was a witness in a criminal proceeding involv-
ing a criminal charge;
  (D) the applicant is participating or  previously  participated  as  a
juror  in  a criminal proceeding, or is or was a member of a grand jury;
or
  (E) the applicant is a spouse, domestic partner or household member of
a person identified in this subparagraph or subparagraph  (ii)  of  this
paragraph,  specifying  which  subparagraph or subparagraphs and clauses
apply.
  (ii) the applicant has reason to believe his or her life or safety may
be endangered by disclosure due to reasons stated by the applicant.
  (iii) the applicant has reason to believe he or she may be subject  to
unwarranted harassment upon disclosure of such information].
  (c)  Each  form provided for recertification pursuant to paragraph (b)
of subdivision ten of this section shall include an opportunity for  the
applicant  to  [request  an  exception  from] CONSENT TO the information
provided on such form becoming public record pursuant to  paragraph  (a)
of  this  subdivision.  Such  forms  shall  notify applicants that, upon
discovery that an applicant knowingly provided false  information,  such
applicant may be subject to penalties pursuant to section 175.30 of this
chapter[, and further, that his or her request for an exception shall be
null  and  void,  provided  that written notice containing such determi-
nation is provided to the applicant. Further, such forms  shall  provide
each  applicant an opportunity to either decline to request the grant or
continuation of an exception, or specify the grounds on which he or  she
believes  his or her information should not be publicly disclosed. These
grounds, which shall be identified in the application with a box  beside
each for checking, as applicable, by the applicant, shall be the same as
provided in paragraph (b) of this subdivision].
  (d)  Information  submitted on the forms described in paragraph (b) of
this subdivision shall be [excepted from disclosure and]  maintained  by
the  entity retaining such information separate and apart from all other
records.
  (e) [(i) Upon receiving a request for exception from  disclosure,  the
licensing  officer  shall  grant  such  exception, unless the request is
determined to be null and void, pursuant to paragraph (b) or (c) of this
subdivision.
  (ii) A request for an exception from disclosure may  be  submitted  at
any time, including after a license or recertification has been granted.
  (iii)  If an exception is sought and granted pursuant to paragraph (b)
of this subdivision, the application information  shall  not  be  public
record,  unless  the  request  is  determined to be null and void. If an
exception is sought and granted pursuant to paragraph (c) of this subdi-
vision, the  information  concerning  such  recertification  application
shall  not be public record, unless the request is determined to be null
and void.
  (f)] The information of licensees or applicants for  a  license  shall
not  be disclosed to the public during the first one hundred twenty days

A. 3713                             3

following the effective date of [the] SECTION FORTY-EIGHT OF chapter ONE
of the laws of two thousand  thirteen[,  which  amended  this  section].
After  such period, the information of those who had applied for or been
granted a license prior to the preparation of the form for requesting an
exception,  pursuant  to  paragraph  (b)  of  this  subdivision,  may be
released only if such individuals [did not file a request  for  such  an
exception]  CONSENTED  TO  THE  DISCLOSURE  during  the first sixty days
following such  preparation;  provided,  however,  that  no  information
contained  in  an  application for licensure or recertification shall be
disclosed by an entity  that  has  not  completed  processing  any  such
requests received during such sixty days.
  [(g)  If  a request for an exception is determined to be null and void
pursuant to paragraph (b) or (c) of this subdivision, an  applicant  may
request  review  of such determination pursuant to article seventy-eight
of the civil practice laws and  rules.  Such  proceeding  must  commence
within  thirty  days  after service of the written notice containing the
adverse determination. Notice of the right to commence such a  petition,
and  the  time  period  therefor, shall be included in the notice of the
determination. Disclosure following such a petition shall  not  be  made
prior to the disposition of such review.]
  S 2. This act shall take effect immediately.