Senate Bill S5694

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

                                  5694

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 28, 2015
                               ___________

Introduced  by  Sens.  NOZZOLIO,  GRIFFO,  GALLIVAN,  MARCHIONE, O'MARA,
  SEWARD, YOUNG -- read twice and ordered printed, and when  printed  to
  be committed to the Committee on Codes

AN  ACT  to  amend  the penal law, in relation to the filing of approved
  applications for licenses to carry, possess,  repair  and  dispose  of
  firearms

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

  Section 1. Subdivision 5 of  section  400.00  of  the  penal  law,  as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  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]  THE  APPLICATION  AND  ANY  SUPPORTING  RECORDS,
INCLUDING  ANY  INFORMATION  CONTAINED THEREIN, of any person to whom an
application for any license has been  granted  shall  NOT  be  a  public
record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE  PUBLIC OFFICERS LAW. Upon application by a licensee who has changed
his OR HER place of residence such  records  or  applications  shall  be
transferred  to  the  appropriate officer at the licensee's 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] CRIMINAL JUSTICE SERVICES, Albany, within ten days  after  issu-
ance of the license. The [superintendent] COMMISSIONER of [state police]
CRIMINAL  JUSTICE  SERVICES may designate that such application shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11195-01-5
              

S. 5694                             2

transmitted to the division of [state police] CRIMINAL JUSTICE  SERVICES
electronically.  In  the  event the [superintendent] COMMISSIONER of the
division of [state police] CRIMINAL JUSTICE SERVICES 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, depart-
ment 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] ARTICLE  shall  not  be  subject  to
disclosure  pursuant  to  article  six of the public officers law EXCEPT
THAT THE TOTAL NUMBER OF PERSONS REGISTERED IN ANY COUNTY OF  THE  STATE
MAY  BE  DISCLOSED  WITHOUT  ANY  OTHER  IDENTIFYING INFORMATION ABOUT A
REGISTRANT.
  [(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. 5694                             3

  (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. 5694                             4

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 the first of November next succeeding
the date on which it shall have become a law.