S T A T E O F N E W Y O R K
________________________________________________________________________
6787
2017-2018 Regular Sessions
I N A S S E M B L Y
March 17, 2017
___________
Introduced by M. of A. CASTORINA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the disclosure of firearm
licensees and applicants information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares that
municipalities and towns, which provides licenses to own firearms to any
eligible resident municipality or town who files an application with
sufficient proof of eligibility. The legislature further finds and
declares that information submitted when applying for their constitu-
tionally protected right to bear arms is confidential by the munici-
palities and towns in New York. The legislature further finds and
declares that in order to adequately protect the confidentiality of such
applicants, such documents fall within the personal privacy and other
exemptions of the freedom of information law, and would therefore be
exempt from disclosure. However, due to the great importance of the
privacy interests of such applicants, it should be made clear that these
materials are not subject to disclosure under the freedom of information
law. Accordingly, the legislature hereby finds and declares that it is
necessary and appropriate to prevent such documents from being made
available for inspection and copying under the freedom of information
law and comparable provisions of the New York city charter.
§ 2. Paragraphs (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:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10492-01-7
A. 6787 2
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] AND SHALL BE EXEMPT FROM
DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW AND SECTIONS ONE
THOUSAND FIFTY-EIGHT AND ONE THOUSAND FIFTY-NINE OF THE NEW YORK CITY
CHARTER.
[(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.]
§ 3. This act shall take effect immediately.