S T A T E O F N E W Y O R K
________________________________________________________________________
9614
I N A S S E M B L Y
January 26, 2018
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to extending the deadline for
recertification of licenses to carry or possess a pistol or revolver
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 10 of section 400.00 of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14236-01-8
A. 9614 2
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 shall be recertified to the division of state police
every five years thereafter. Any license 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 [Janu-
ary thirty-first, two thousand eighteen] JULY THIRTY-FIRST, TWO THOUSAND
NINETEEN, and not less than one year prior to such date, the state
police shall send a notice to all license holders who have not recerti-
fied 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 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 state police discover as a result of the recertification
process that a licensee failed to provide a change of address, the New
York state police shall not require the licensing officer to revoke such
license.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 31, 2018.