Senate Bill S3855

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3855
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- 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 removing the photograph
   requirement for a firearm license where the licensee  is  of  a  faith
   that forbids a photograph be taken of himself or herself

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3, subdivision  7,  and  para-
 graph  (a)  of  subdivision 10 of section 400.00 of the penal law, para-
 graph (a) of subdivision 3  and  paragraph  (a)  of  subdivision  10  as
 amended  by  chapter  1  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. 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 requirement for eligibility specified in subdivision
 one of this section and such other facts as may be required to show  the
 good  character,  competency  and integrity of each person or individual
 signing the application. 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, EXCEPT FOR APPLICANTS WHOSE RELI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09008-01-7

 S. 3855                             2
 
 GION DOES NOT ALLOW FOR PHOTOGRAPHY, SUCH AS THOSE OF THE  AMISH  FAITH.
 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 part-
 nership, 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.
   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. A license to carry or  possess  a  pistol  or
 revolver  shall  have  attached  the  licensee's  photograph, EXCEPT FOR
 APPLICANTS WHOSE RELIGION DOES NOT ALLOW FOR PHOTOGRAPHY, SUCH AS  THOSE
 OF  THE AMISH FAITH, 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.
   (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 Westches-
 ter, 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,  nine-
 teen  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  thou-
 sand,  in  accordance  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 infor-
 mation  only:    current  name,  date of birth, current address, and the
 make, model,  caliber  and  serial  number  of  all  firearms  currently
 possessed.  Such certification information shall be filed by the licens-
 ing 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

 S. 3855                             3
 
 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 application by the licensing officer. In the case  of
 a license for gunsmith or dealer in firearms, in counties having a popu-
 lation  of  less  than  two  hundred  thousand inhabitants, photographs,
 EXCEPT FOR APPLICANTS WHOSE RELIGION DOES  NOT  ALLOW  FOR  PHOTOGRAPHY,
 SUCH AS THOSE OF THE AMISH FAITH, 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.
   §  2.  Paragraph  (c)  of subdivision 3 of section 400.03 of the penal
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
   (c)  the  transferor  has  verified  the identity of the transferee by
 examining a valid state identification document of the transferee issued
 by the department of motor vehicles or if the transferee is not a  resi-
 dent of the state of New York, a valid identification document issued by
 the  transferee's  state or country of residence containing a photograph
 of the transferee, EXCEPT FOR TRANSFEREES WHOSE RELIGION DOES NOT  ALLOW
 FOR  PHOTOGRAPHY,  SUCH AS THOSE OF THE AMISH FAITH, WHOSE IDENTITY MUST
 BE VERIFIED THROUGH FINGERPRINTING.
   § 3. This act shall take effect immediately.