S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3421--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. BRINDISI, BARCLAY, BLANKENBUSH, BUTLER, CROUCH,
   CURRAN, DiPIETRO, FRIEND, GIGLIO,  GOODELL,  McDONOUGH,  KOLB,  LALOR,
   MURRAY,  OAKS, PALMESANO, MONTESANO, SCHIMMINGER, STEC, WALTER -- read
   once and referred to the Committee on  Codes  --  recommitted  to  the
   Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to authorizing the transfer
   of certain weapons from an  estate  to  an  immediate  member  of  the
   decedent's  family;  to amend the penal law, in relation to the filing
   of approved applications for licenses to carry,  possess,  repair  and
   dispose  of  firearms; to amend the mental hygiene law, in relation to
   reports of substantial risk or threat of harm by mental health profes-
   sionals; to amend the penal law, in relation  to  licenses  to  carry,
   possess,  repair and dispose of firearms; and to repeal section 400.03
   of the penal law relating to sellers of ammunition
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 400.03 of the penal law is REPEALED.
   §  2.  Paragraph  (g) of subdivision 22 of section 265.00 of the penal
 law is amended by adding a new subparagraph (vii) to read as follows:
   (VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT  TO
 SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
 PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN  IMMEDI-
 ATE  FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
 PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR  PURPOSES  OF  THIS
 SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
 SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
 BUSINESS LAW;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02060-03-8

              

 A. 3421--A                          2
 
   §  3.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
   (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
 and  any  large  capacity  ammunition  feeding  device  that was legally
 possessed by an individual prior to the enactment of [the]  chapter  ONE
 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 transfer to an individual or entity outside
 of the state must be reported to the entity wherein the weapon is regis-
 tered  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 ONE of the laws of  two  thousand
 thirteen [which added this paragraph], is transferred within one year of
 the  effective  date  of  [the]  chapter ONE of the laws of two thousand
 thirteen [which added this paragraph].
   (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARA-
 GRAPH,  ANY  WEAPON  DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION
 THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
 TO HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH  INDIVIDUAL
 TO  ONE  OF  HIS  OR  HER IMMEDIATE FAMILY MEMBERS. FOR PURPOSES OF THIS
 SUBPARAGRAPH, THE MEANING OF IMMEDIATE FAMILY MEMBER IS  AS  DEFINED  BY
 SUBDIVISION  ONE  OF  SECTION  EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL
 BUSINESS LAW.
   § 4. 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
 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,

 A. 3421--A                          3
 
 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
   (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.

 A. 3421--A                          4

   (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
 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.]

 A. 3421--A                          5
 
   §  5. Section 9.46 of the mental hygiene law, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
 § 9.46 Reports  of  substantial  risk or threat of harm by mental health
          professionals.
   (a) For purposes of this section,  the  term  "mental  health  profes-
 sional"  shall  include  a  physician, psychologist, registered nurse or
 licensed clinical social worker.
   (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
 health  professional  currently providing treatment services to a person
 determines, in the exercise of reasonable  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]. ANY REPORT MADE BY A MENTAL HEALTH PROFESSIONAL TO THE  DIREC-
 TOR  OF  COMMUNITY  SERVICES,  OR  THE DIRECTOR'S DESIGNEE SHALL INCLUDE
 CURRENT CONTACT INFORMATION FOR SUCH PERSON INCLUDING, BUT  NOT  LIMITED
 TO,  THE  PERSON'S:  (1) NAME, (2) MAILING ADDRESS, (3) PHONE NUMBER AND
 (4) EMAIL ADDRESS. THE DIRECTOR OF COMMUNITY SERVICES OR THE  DIRECTOR'S
 DESIGNEE  SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES UPON
 A FINDING THAT THE PERSON IS LIKELY TO  ENGAGE  IN  CONDUCT  THAT  WOULD
 RESULT IN SERIOUS HARM TO SELF OR OTHERS. 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.
   (c)  THE  DIRECTOR  OF  COMMUNITY  SERVICES OR THE DIRECTOR'S DESIGNEE
 SHALL INFORM SUCH PERSON VIA WRITTEN NOTICE WHEN A REPORT REGARDING  THE
 SUBSTANTIAL  RISK  OR  THREAT OF HARM POSED BY THE PERSON IS SENT TO THE
 DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH NOTICE  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   (1) THE PERSON'S NAME;
   (2)  NOTICE  THAT  A  REPORT HAS BEEN SENT TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES STATING THAT THE NAMED PERSON HAS BEEN DEEMED LIKELY TO
 ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO SELF OR OTHERS;
   (3) THE DATE THE REPORT WAS SENT TO THE DIVISION OF  CRIMINAL  JUSTICE
 SERVICES;
   (4) THE PERSON'S RIGHT TO SUBMIT A PETITION FOR RELIEF FROM DISABILITY
 TO  THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) APPEALS
 OFFICE OF THE OFFICE OF MENTAL HEALTH OR  NICS  APPEALS  OFFICE  OF  THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  AS SET FORTH IN
 SUBDIVISION (J) OF SECTION 7.09 OF THIS TITLE  AND  SUBDIVISION  (G)  OF
 SECTION  13.09 OF THIS CHAPTER AND SECTIONS FIVE HUNDRED FORTY-THREE AND
 SIX HUNDRED FORTY-THREE OF ARTICLE FOURTEEN OF  THE  NEW  YORK  CODE  OF
 RULES AND REGULATIONS;
   (5)  CONTACT  INFORMATION FOR THE NICS APPEALS OFFICE OF THE OFFICE OF
 MENTAL HYGIENE OR THE NICS APPEALS OFFICE OF THE OFFICE FOR PEOPLE  WITH
 DEVELOPMENTAL DISABILITIES; AND
   (6)  ANY  APPLICABLE  DEADLINE FOR SUBMISSION OF A PETITION FOR RELIEF
 FROM DISABILITY.
   (D) Nothing in this section shall be construed  to  require  a  mental
 health professional to take any action which, in the exercise of reason-

 A. 3421--A                          6
 
 able  professional  judgment,  would endanger such mental health profes-
 sional or increase the danger to a potential victim or victims.
   [(d)]  (E) The decision of a mental health professional to disclose or
 not to disclose in accordance with this section,  when  made  reasonably
 and  in  good  faith,  shall  not be the basis for any civil or criminal
 liability of such mental health professional.
   § 6. Paragraph 2 of 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:
   (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  was  involuntarily
 committed  or  civilly  confined to a facility under the jurisdiction of
 the commissioner, OR WHO HAS BEEN THE SUBJECT OF A REPORT  SUBMITTED  BY
 THE  DIRECTOR  OF  COMMUNITY  SERVICES OR THE DIRECTOR'S DESIGNEE TO THE
 DIVISION OF CRIMINAL JUSTICE SERVICES STATING THAT THE NAMED PERSON  HAS
 BEEN  DEEMED  LIKELY  TO  ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS
 HARM TO SELF OR OTHERS PURSUANT TO SECTION 9.46 OF THIS TITLE, to  peti-
 tion  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  promul-
 gate  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 authority for the agency to require that the petition-
 er 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.
   §  7.  Paragraph  2  of subdivision (g) of section 13.09 of the mental
 hygiene law, as amended by chapter 1 of the laws of 2013, is amended  to
 read as follows:
   (2) The commissioner shall establish within the office for people with
 developmental  disabilities 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
 was involuntarily committed or civilly confined to a facility under  the
 jurisdiction  of  the  commissioner,  OR  WHO  HAS BEEN THE SUBJECT OF A
 REPORT SUBMITTED BY THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S
 DESIGNEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES STATING  THAT  THE
 NAMED  PERSON  HAS  BEEN  DEEMED  LIKELY TO ENGAGE IN CONDUCT THAT WOULD
 RESULT IN SERIOUS HARM TO SELF OR OTHERS PURSUANT  TO  SECTION  9.46  OF
 THIS  CHAPTER,  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,

 A. 3421--A                          7
 
 provisions  providing  for: (i) an opportunity for a disqualified person
 to petition for relief in writing; (ii) the authority 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.
   § 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
 and  16-b  of section 400.00 of the penal law, paragraph (a) of subdivi-
 sion 3 and subdivisions 4, 9 and 10 as amended and subdivisions 16-a and
 16-b as added by chapter 1 of the  laws  of  2013,  paragraph  (a-1)  of
 subdivision 16-a as added by chapter 98 of the laws of 2013, are amended
 to read as follows:
   (a)  Applications  shall be made and renewed, in the case of a license
 to carry or possess a pistol or revolver, to the  licensing  officer  in
 the  city or county, as the case may be, where the applicant resides, is
 principally employed or has his or her principal place  of  business  as
 merchant  or  storekeeper;  and, in the case of a license as gunsmith or
 dealer in firearms, to the licensing officer where such place  of  busi-
 ness  is  located.  Blank  applications shall, except in the city of New
 York, be approved as to form by the  [superintendent  of  state  police]
 DIVISION  OF  CRIMINAL  JUSTICE SERVICES. An application shall state the
 full name, date of birth, residence, present occupation of  each  person
 or individual signing the same, whether or not he or she is a citizen of
 the  United States, whether or not he or she complies with each require-
 ment for eligibility specified in subdivision one of  this  section  and
 such  other  facts as may be required to show the good character, compe-
 tency and integrity of each person or individual  signing  the  applica-
 tion. An application shall be signed and verified by the applicant. Each
 individual signing an application shall submit one photograph of himself
 or  herself  and  a duplicate for each required copy of the application.
 Such photographs shall have been  taken  within  thirty  days  prior  to
 filing  the  application.  In case of a license as gunsmith or dealer in
 firearms, the photographs submitted shall be two inches square, and  the
 application  shall also state the previous occupation of each individual
 signing the same and the location of the place of such business,  or  of
 the  bureau,  agency,  subagency,  office or branch office for which the
 license is sought, specifying the name of the  city,  town  or  village,
 indicating   the  street  and  number  and  otherwise  giving  such  apt
 description as to point out reasonably the  location  thereof.  In  such
 case,  if the applicant is a firm, partnership or corporation, its name,
 date and place of formation, and principal place of  business  shall  be
 stated.  For  such  firm or partnership, the application shall be signed
 and verified by each individual composing or intending  to  compose  the
 same, and for such corporation, by each officer thereof.
   4.  Investigation.  Before a license is issued or renewed, there shall
 be an investigation of all statements required in the application by the
 duly constituted police authorities of the locality where such  applica-
 tion is made, including but not limited to such records as may be acces-
 sible  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,

 A. 3421--A                          8
 
 the  investigating  officer  shall  take  the  fingerprints and physical
 descriptive data in quadruplicate of each individual by whom the  appli-
 cation  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 corporate
 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] CRIMINAL JUSTICE SERVICES, Albany, within ten days  after  issu-
 ance 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 inves-
 tigation, the police authority shall report the results to the licensing
 officer without unnecessary delay.
   7. License: form. Any license issued pursuant to this  section  shall,
 except  in  the  city of New York, be approved as to form by the [super-
 intendent of state police] DIVISION  OF  CRIMINAL  JUSTICE  SERVICES.  A
 license to carry or possess a pistol or revolver shall have attached the
 licensee's  photograph, and a coupon which shall be removed and retained
 by any person disposing of a firearm to the licensee. Such license shall
 specify the weapon covered by calibre, make, model, manufacturer's  name
 and  serial  number,  or  if none, by any other distinguishing number or
 identification mark, and shall indicate whether issued to carry  on  the
 person  or  possess  on  the premises, and if on the premises shall also
 specify the place where the licensee shall possess  the  same.  If  such
 license  is  issued  to  an  alien,  or to a person not a citizen of and
 usually a resident in the state, the licensing officer  shall  state  in
 the  license the particular reason for the issuance and the names of the
 persons certifying to the good character of the applicant.  Any  license
 as  gunsmith  or dealer in firearms shall mention and describe the prem-
 ises for which it is issued and shall be valid only for such premises.
   9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
 person  licensed  to  carry or possess a pistol or revolver may apply at
 any time to his or her licensing officer for amendment  of  his  or  her
 license  to  include  one or more such weapons or to cancel weapons held

 A. 3421--A                          9

 under license. If granted, a record  of  the  amendment  describing  the
 weapons  involved  shall be filed by the licensing officer in the execu-
 tive department, division of [state police] CRIMINAL  JUSTICE  SERVICES,
 Albany.  The  [superintendent  of  state  police]  DIVISION  OF CRIMINAL
 JUSTICE SERVICES may authorize that  such  amendment  be  completed  and
 transmitted  to the [state police] DIVISION in electronic form.  Notifi-
 cation of any change of residence shall be made in writing by any licen-
 see within ten days after such change  occurs,  and  a  record  of  such
 change shall be inscribed by such licensee on the reverse side of his or
 her license. Elsewhere than in the city of New York, and in the counties
 of  Nassau and Suffolk, such notification shall be made to the executive
 department, division of [state police] CRIMINAL JUSTICE SERVICES,  Alba-
 ny, and in the city of New York to the police commissioner of that city,
 and  in  the county of Nassau to the police commissioner of that county,
 and in the county of Suffolk to the licensing officer  of  that  county,
 who  shall, within ten days after such notification shall be received by
 him or her, give notice in writing  of  such  change  to  the  executive
 department,  division  of  [state  police] CRIMINAL JUSTICE SERVICES, at
 Albany.
   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

 A. 3421--A                         10
 
 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  shall  be  recertified  to the [division of state
 police] LICENSING OFFICER  every  five  years  thereafter.  Any  license
 issued before the effective date of [the] chapter ONE of the laws of two
 thousand  thirteen  [which added this paragraph] shall be recertified by
 the licensee on or before [January]  MARCH  thirty-first,  two  thousand
 eighteen,  and  not  less  than  one year prior to such date, the [state
 police] DIVISION OF CRIMINAL JUSTICE SERVICES shall send a notice to all
 license holders who have not recertified by such time.  [Such  recertif-
 ication  shall  be  in a form as approved by the superintendent of state
 police, which shall request the license holder's name,  date  of  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.] RECERTIFICATION SHALL CONTAIN  THE
 INFORMATION AND SHALL BE IN THE FORM SET FORTH HEREINBELOW:
 
                              RECERTIFICATION
 
 1. NAME ________________________________________________________________
 
 2. DATE OF BIRTH _______________________________________________________
 
 3. GENDER ______________________________________________________________

 4. RACE ________________________________________________________________
 
 5. RESIDENTIAL ADDRESS _________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
 6. SOCIAL SECURITY NUMBER ______________________________________________
 
 7. EMAIL ADDRESS (OPTIONAL) ____________________________________________
 
 8. LIST ALL FIREARMS POSSESSED ON LICENSE: _____________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
 UPON  RECEIPT OF THE COMPLETED RECERTIFICATION FORM, THE LICENSING OFFI-
 CER WILL COMPARE THE INFORMATION PROVIDED  WITH  THE  INFORMATION  MAIN-
 TAINED  BY  THE  LICENSING OFFICER FOR SUCH LICENSE HOLDER, AND PROMPTLY
 NOTIFY THE LICENSE HOLDER OF  ANY  DISCREPANCIES  THAT  MAY  EXIST,  AND
 PROVIDE INSTRUCTION AS TO APPLYING FOR AN AMENDMENT PURSUANT TO SUBDIVI-
 SION NINE THIS SECTION. AFTER THE RESOLUTION OF ANY PENDING APPLICATIONS
 FOR  AMENDMENTS, THE LICENSING OFFICER SHALL RETAIN A COPY OF THE RECER-
 TIFICATION AND A COPY SHALL BE FILED BY THE  LICENSING  OFFICER  IN  THE
 EXECUTIVE  DEPARTMENT,  DIVISION  OF  CRIMINAL JUSTICE SERVICES, ALBANY,
 WITHIN TEN DAYS. The form may be in an electronic form if so  designated
 by  the  [superintendent  of  state police] DIVISION OF CRIMINAL JUSTICE
 SERVICES. Failure to  recertify  shall  act  as  a  revocation  of  such
 license.  If  the  [New  York state police] DIVISION SHALL discover as a

 A. 3421--A                         11
 
 result of the recertification process that a licensee failed to  provide
 a  change  of  address, the [New York state police] DIVISION OF CRIMINAL
 JUSTICE SERVICES shall not require the licensing officer to revoke  such
 license.
   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,
 possessed  before the date of the effective date of [the] chapter ONE 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] DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  in  the  manner
 provided  by the [superintendent] DIVISION OF CRIMINAL JUSTICE SERVICES,
 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  regis-
 tered  at  any  time, provided such weapons are registered within thirty
 days of their transfer into the state.  Registration  information  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 of any weapon defined under subparagraph (vi)
 of  paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
 ing device as defined under subdivision twenty-three of  section  265.00
 of this chapter shall be transferable, provided that the seller notifies
 the  [state  police] DIVISION OF CRIMINAL JUSTICE SERVICES within seven-
 ty-two hours of the transfer and the buyer provides the  [state  police]
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES 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 [superinten-
 dent] DIVISION OF CRIMINAL JUSTICE SERVICES shall determine whether such
 registrant is prohibited from possessing a firearm under state or feder-
 al 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  subdivision  [sixteen-b]  SEVENTEEN  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 registrants shall recertify
 to the division of [state police] CRIMINAL JUSTICE SERVICES  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 of an assault weapon as defined in subdivi-
 sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
 retired New York or federal law enforcement officer as defined in subdi-
 vision  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 official duties, and for which such officer was
 qualified  by the agency that employed such officer within twelve months
 prior to his or her retirement, must register such weapon  within  sixty
 days of retirement.
   (b)  The [superintendent of state police] DIVISION OF CRIMINAL JUSTICE
 SERVICES shall create and maintain an internet website  to  educate  the
 public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
 tomatic  pistol  or weapon that are illegal as a result of the enactment
 of [the] chapter ONE of the laws of two thousand thirteen  [which  added
 this  paragraph],  as  well  as  such  assault weapons which are illegal

 A. 3421--A                         12
 
 pursuant to article two hundred sixty-five of this chapter. Such website
 shall contain information to assist the 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 knowingly fails to apply to register such weapon, as
 required by this section, within one year of the effective date of [the]
 chapter ONE of the laws of two thousand thirteen [which added this para-
 graph] shall be guilty of a class A  misdemeanor  and  such  person  who
 unknowingly  fails  to validly register such weapon within such one year
 period shall be given  a  warning  by  an  appropriate  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 enforcement authority and declared a
 nuisance.
   16-b.  The cost of the software, programming and interface required to
 transmit any record that must be electronically transmitted by the deal-
 er or licensing officer to  the  division  of  [state  police]  CRIMINAL
 JUSTICE  SERVICES, AND ANY COST BORNE BY THE LICENSING OFFICER TO ADMIN-
 ISTER OR MAINTAIN RECORDS RELATED TO THE RECERTIFICATION PROCESS BY  THE
 LICENSING  OFFICER,  BOTH pursuant to this chapter shall be borne by the
 state.
   § 9. Section 400.02 of the penal law, as added by  chapter  1  of  the
 laws of 2013, is amended to read as follows:
 § 400.02 Statewide license and record database.
   There  shall be a statewide license and record database which shall be
 created and maintained  by  the  division  of  [state  police]  CRIMINAL
 JUSTICE  SERVICES  the  cost  of which shall not be borne by any munici-
 pality. Records assembled or collected for purposes of inclusion in such
 database shall not be subject to disclosure pursuant to article  six  of
 the public officers law. Records containing granted license applications
 shall  be  periodically  checked  by  the  division  of criminal justice
 services against criminal  conviction,  mental  health,  and  all  other
 records  as  are necessary to determine their continued accuracy as well
 as whether an individual is no longer a valid license holder. The  divi-
 sion  of criminal justice services shall also check pending applications
 made pursuant to this article against such records to determine  whether
 a  license  may  be granted. All state agencies shall cooperate with the
 division of criminal justice services, as otherwise authorized  by  law,
 in making their records available for such checks. The division of crim-
 inal justice services, upon determining that an individual is ineligible
 to  possess  a  license,  or  is no longer a valid license holder, shall
 notify the applicable licensing official of such determination and  such
 licensing  official shall not issue a license or revoke such license and
 any weapons owned or possessed  by  such  individual  shall  be  removed
 consistent  with  the provisions of subdivision eleven of section 400.00
 of this article. Local and state law enforcement shall  have  access  to
 such  database,  as  otherwise  authorized by law, in the performance of
 their duties. Records assembled or collected for purposes  of  inclusion
 in  the  database established by this section shall be released pursuant
 to a court order.
   § 10. This act shall take effect immediately; provided that:
   1. section four of this act shall take effect on the first of November
 next succeeding the date on which it shall have become a law; and
   2. sections five, six and seven of this act shall take effect  on  the
 ninetieth day after it shall have become a law.