LBD04769-06-7
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§ 380.96 Obligation of sentencing court IN CERTAIN COUNTIES pursuant to
article four hundred of the penal law.
[Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
UPON judgment of conviction of any offense which would require the
seizure of firearms, shotguns or rifles from an individual so convicted,
and the revocation of any license or registration issued pursuant to
article four hundred of the penal law, the judge pronouncing sentence
shall demand surrender of any such license or registration and all
firearms, shotguns and rifles. The failure to so demand surrender shall
not effect the validity of any revocation pursuant to article four
hundred of the penal law.
§ 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
as amended by chapter 1 of the laws of 2013, are amended to read as
follows:
1. [Suspension] MANDATORY AND PERMISSIVE SUSPENSION of firearms
license and ineligibility for such a license upon the issuance of a
temporary order of protection. Whenever a temporary order of protection
is issued pursuant to section eight hundred twenty-eight of this arti-
cle, or IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
pursuant to article four, five, six, seven or ten of this act:
(a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender [pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law,] of any or all firearms owned or possessed
where the court receives information that gives the court good cause to
believe that: (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal law; (ii) the
respondent has previously been found to have willfully failed to obey a
prior order of protection and such willful failure involved (A) the
infliction of physical injury, as defined in subdivision nine of section
10.00 of the penal law, (B) the use or threatened use of a deadly weapon
or dangerous instrument as those terms are defined in subdivisions
twelve and thirteen of section 10.00 of the penal law, or (C) behavior
constituting any violent felony offense as defined in section 70.02 of
the penal law; or (iii) the respondent has a prior conviction for stalk-
ing in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law; and
(b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
YORK AND BRONX, shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm unlawfully against the
person or persons for whose protection the temporary order of protection
is issued, suspend any such existing license possessed by the respond-
ent, order the respondent ineligible for such a license, and order the
immediate surrender [pursuant to subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the penal law,] of any or all firearms owned or possessed.
2. [Revocation] MANDATORY AND PERMISSIVE REVOCATION or suspension of
firearms license and ineligibility for such a license upon the issuance
of an order of protection. Whenever an order of protection is issued
pursuant to section eight hundred forty-one of this part, or IN THE
COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, pursuant to arti-
cle four, five, six, seven or ten of this act:
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(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender [pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law,] of any or all firearms owned or possessed
where the court finds that the conduct which resulted in the issuance of
the order of protection involved (i) the infliction of SERIOUS physical
injury, as defined in subdivision [nine] TEN of section 10.00 of the
penal law, (ii) the use or threatened use of a deadly weapon or danger-
ous instrument as those terms are defined in subdivisions twelve and
thirteen of section 10.00 of the penal law, or (iii) behavior constitut-
ing any violent felony offense as defined in section 70.02 of the penal
law; and
(b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
YORK AND BRONX, shall, where the court finds a substantial risk that the
respondent may use or threaten to use a firearm unlawfully against the
person or persons for whose protection the order of protection is
issued, (i) revoke any such existing license possessed by the respond-
ent, order the respondent ineligible for such a license and order the
immediate surrender [pursuant to subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the penal law,] of any or all firearms owned or possessed or (ii)
suspend or continue to suspend any such existing license possessed by
the respondent, order the respondent ineligible for such a license, and
order the immediate surrender [pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law,] of any or all firearms owned or possessed.
3. [Revocation] MANDATORY AND PERMISSIVE REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection or, IN THE COUNTY OF
KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, temporary order of
protection. Whenever a respondent has been found, pursuant to section
eight hundred forty-six-a of this part to have willfully failed to obey
an order of protection or temporary order of protection issued [pursuant
to this act or the domestic relations law, or] by this court or by a
court of competent jurisdiction in another state, territorial or tribal
jurisdiction, in addition to any other remedies available pursuant to
section eight hundred forty-six-a of this part:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender [pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law,] of any or all firearms owned or possessed
where the willful failure to obey such order involves (i) the infliction
of SERIOUS physical injury, as defined in subdivision [nine] TEN of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law; and
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(b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
YORK AND BRONX, shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm unlawfully against the
person or persons for whose protection the order of protection was
issued, (i) revoke any such existing license possessed by the respond-
ent, order the respondent ineligible for such a license, whether or not
the respondent possesses such a license, and order the immediate surren-
der [pursuant to subparagraph (f) of paragraph one of subdivision a of
section 265.20 and subdivision six of section 400.05 of the penal law,]
of any or all firearms owned or possessed or (ii) suspend any such
existing license possessed by the respondent, order the respondent inel-
igible for such a license, and order the immediate surrender of any or
all firearms owned or possessed.
§ 4. Section 846-a of the family court act, as amended by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 846-a. Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under this
article or an order of protection or, IN THE COUNTY OF KINGS, QUEENS,
RICHMOND, NEW YORK OR BRONX, temporary order of protection issued
[pursuant to this act or issued] by a court of competent jurisdiction of
another state, territorial or tribal jurisdiction and if, after hearing,
the court is satisfied by competent proof that the respondent has will-
fully failed to obey any such order, the court may modify an existing
order or, IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
temporary order of protection to add reasonable conditions of behavior
to the existing order, make a new order of protection in accordance with
section eight hundred forty-two of this part, may order the forfeiture
of bail in a manner consistent with article five hundred forty of the
criminal procedure law if bail has been ordered pursuant to this act,
may order the respondent to pay the petitioner's reasonable and neces-
sary counsel fees in connection with the violation petition where the
court finds that the violation of its order was willful, and may commit
the respondent to jail for a term not to exceed six months. Such commit-
ment may be served upon certain specified days or parts of days as the
court may direct, and the court may, at any time within the term of such
sentence, revoke such suspension and commit the respondent for the
remainder of the original sentence, or suspend the remainder of such
sentence. If the court determines that the willful failure to obey such
order involves violent behavior constituting the crimes of menacing,
reckless endangerment, assault or attempted assault and if such a
respondent is licensed to carry, possess, repair and dispose of firearms
pursuant to section 400.00 of the penal law, the court may also imme-
diately revoke such license and may arrange for the immediate surrender
[pursuant to subparagraph (f) of paragraph one of subdivision a of
section 265.20 and subdivision six of section 400.05 of the penal law,]
and disposal of any firearm such respondent owns or possesses. If the
willful failure to obey such order involves the infliction of SERIOUS
physical injury as defined in subdivision [nine] TEN of section 10.00 of
the penal law or the use or threatened use of a deadly weapon or danger-
ous instrument, as those terms are defined in subdivisions twelve and
thirteen of section 10.00 of the penal law, such revocation and immedi-
ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
sion a of section 265.20 and subdivision six of section 400.05 of the
penal law six] and disposal of any firearm owned or possessed by
respondent shall be mandatory, pursuant to subdivision eleven of section
400.00 of the penal law.
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§ 5. Section 446-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 446-a. Firearms; surrender and license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon] IN THE COUNTIES OF KINGS,
QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an order of
protection or temporary order of protection, or upon a violation of such
order, the court shall make a determination regarding the suspension and
revocation of a license to carry, possess, repair or dispose of a
firearm or firearms, ineligibility for such a license and the surrender
of firearms in accordance with section eight hundred forty-two-a of this
act.
§ 6. Section 552 of the family court act, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
§ 552. Firearms; surrender and license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon] IN THE COUNTIES OF KINGS,
QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an order of
protection or temporary order of protection, or upon a violation of such
order, the court shall make a determination regarding the suspension and
revocation of a license to carry, possess, repair or dispose of a
firearm or firearms, ineligibility for such a license and the surrender
of firearms in accordance with section eight hundred forty-two-a of this
act.
§ 7. Section 656-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 656-a. Firearms; surrender and license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon] IN THE COUNTIES OF KINGS,
QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an order of
protection or temporary order of protection, or upon a violation of such
order, the court shall make a determination regarding the suspension and
revocation of a license to carry, possess, repair or dispose of a
firearm or firearms, ineligibility for such a license and the surrender
of firearms in accordance with section eight hundred forty-two-a of this
act.
§ 8. Section 780-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 780-a. Firearms; surrender and license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon] IN THE COUNTIES OF KINGS,
QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an order of
protection or temporary order of protection, or upon a violation of such
order, the court shall make a determination regarding the suspension and
revocation of a license to carry, possess, repair or dispose of a
firearm or firearms, ineligibility for such a license and the surrender
of firearms in accordance with section eight hundred forty-two-a of this
act.
§ 9. Section 1056-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 1056-a. Firearms; surrender and license suspension, revocation and
ineligibility; CERTAIN COUNTIES. [Upon] IN THE COUNTIES OF KINGS,
QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an order of
protection or temporary order of protection, or upon a violation of such
order, the court shall make an order in accordance with section eight
hundred forty-two-a of this act.
§ 10. Paragraph h of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 1 of the laws of 2013, is amended
to read as follows:
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h. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court MAY AND, IN THE
COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, shall make a
determination regarding the suspension and revocation of a license to
carry, possess, repair or dispose of a firearm or firearms, ineligibil-
ity for such a license and the surrender of firearms in accordance with
sections eight hundred forty-two-a and eight hundred forty-six-a of the
family court act, as applicable. Upon issuance of an order of protection
pursuant to this section or upon a finding of a violation thereof, the
court also may direct payment of restitution in an amount not to exceed
ten thousand dollars in accordance with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case shall
an order of restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
judgment or settlement of the action.
§ 11. Subdivision 9 of section 252 of the domestic relations law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
9. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court MAY AND, IN THE
COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, shall make a
determination regarding the suspension and revocation of a license to
carry, possess, repair or dispose of a firearm or firearms, ineligibil-
ity for such a license and the surrender of firearms in accordance with
sections eight hundred forty-two-a and eight hundred forty-six-a of the
family court act, as applicable. Upon issuance of an order of protection
pursuant to this section or upon a finding of a violation thereof, the
court also may direct payment of restitution in an amount not to exceed
ten thousand dollars in accordance with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case shall
an order of restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
judgment or settlement of the action.
§ 12. The opening paragraph and paragraph (b) of subdivision 1 of
section 530.14 of the criminal procedure law, as amended by chapter 1 of
the laws of 2013, are amended to read as follows:
[Suspension] MANDATORY AND PERMISSIVE SUSPENSION of firearms license
and ineligibility for such a license upon issuance of temporary order of
protection. Whenever a temporary order of protection is issued pursuant
to subdivision one of section 530.12 or subdivision one of section
530.13 of this article:
(b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
YORK AND BRONX, shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm unlawfully against the
person or persons for whose protection the temporary order of protection
is issued, suspend any such existing license possessed by the defendant,
order the defendant ineligible for such a license and order the immedi-
ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
sion a of section 265.20 and subdivision six of section 400.05 of the
penal law,] of any or all firearms owned or possessed.
§ 13. The opening paragraph and paragraph (b) of subdivision 2 of
section 530.14 of the criminal procedure law, as amended by chapter 1 of
the laws of 2013, are amended to read as follows:
[Revocation] MANDATORY AND PERMISSIVE REVOCATION or suspension of
firearms license and ineligibility for such a license upon issuance of
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an order of protection. Whenever an order of protection is issued pursu-
ant to subdivision five of section 530.12 or subdivision four of section
530.13 of this article:
(b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
YORK AND BRONX, shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm unlawfully against the
person or persons for whose protection the order of protection is
issued, (i) revoke any such existing license possessed by the defendant,
order the defendant ineligible for such a license and order the immedi-
ate surrender of any or all firearms owned or possessed or (ii) suspend
or continue to suspend any such existing license possessed by the
defendant, order the defendant ineligible for such a license and order
the immediate surrender [pursuant to subparagraph (f) of paragraph one
of subdivision a of section 265.20 and subdivision six of section 400.05
of the penal law,] of any or all firearms owned or possessed.
§ 14. The opening paragraph and paragraph (b) of subdivision 3 of
section 530.14 of the criminal procedure law, as amended by chapter 1 of
the laws of 2013, are amended to read as follows:
[Revocation] MANDATORY AND PERMISSIVE REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection. Whenever a defendant
has been found pursuant to subdivision eleven of section 530.12 or
subdivision eight of section 530.13 of this article to have willfully
failed to obey an order of protection issued by a court of competent
jurisdiction in this state or another state, territorial or tribal
jurisdiction, in addition to any other remedies available pursuant to
subdivision eleven of section 530.12 or subdivision eight of section
530.13 of this article:
(b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
YORK AND BRONX, shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm unlawfully against the
person or persons for whose protection the order of protection was
issued, (i) revoke any such existing license possessed by the defendant,
order the defendant ineligible for such a license and order the immedi-
ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
sion a of section 265.20 and subdivision six of section 400.05 of the
penal law,] of any or all firearms owned or possessed or (ii) suspend
any such existing license possessed by the defendant, order the defend-
ant ineligible for such a license and order the immediate surrender
[pursuant to subparagraph (f) of paragraph one of subdivision a of
section 265.20 and subdivision six of section 400.05 of the penal law,]
of any or all firearms owned or possessed.
§ 15. The article heading of article 39-DDD of the general business
law, as added by chapter 1 of the laws of 2013, is amended to read as
follows:
PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
IN CERTAIN COUNTIES
§ 16. Subdivision 1 of section 898 of the general business law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:
1. In addition to any other requirements pursuant to state and federal
law, all sales, exchanges or disposals of firearms, rifles or shotguns,
IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, shall be
conducted in accordance with this section unless such sale, exchange or
disposal is conducted by a licensed importer, licensed manufacturer or
licensed dealer, as those terms are defined in 18 USC § 922, when such
sale, exchange or disposal is conducted pursuant to that person's feder-
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al firearms license or such sale, exchange or disposal is between
members of an immediate family. For purposes of this section, "immediate
family" shall mean spouses, domestic partners, children and step-chil-
dren.
§ 17. Paragraph (q) of subdivision 2 of section 212 of the judiciary
law, as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
(q) Adopt rules to require transmission, to the criminal justice
information services division of the federal bureau of investigation or
to the division of criminal justice services, of the name and other
identifying information of each person who has a guardian appointed for
him or her pursuant to any provision of state law, based on a determi-
nation that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, he or she lacks the mental
capacity to contract or manage his or her own affairs. Any such records,
RELATING TO PERSONS RESIDING IN THE COUNTY OF KINGS, QUEENS, RICHMOND,
NEW YORK OR BRONX, transmitted directly to the federal bureau of inves-
tigation must also be transmitted to the division of criminal justice
services[, and any records received by the division of criminal justice
services pursuant to this paragraph may be checked against the statewide
license and record database].
§ 18. 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:
(j) (1) The commissioner, in cooperation with other applicable state
agencies, shall collect, retain or modify data or records, and shall
transmit such data or records: (i) to the division of criminal justice
services, or to the criminal justice information services division of
the federal bureau of investigation, for the purposes of responding to
queries to the national instant criminal background check system regard-
ing attempts to purchase or otherwise take possession of firearms, as
defined in 18 USC 921(a)(3), in accordance with applicable federal laws
or regulations, or (ii) FOR PERSONS RESIDING IN THE COUNTY OF KINGS,
QUEENS, RICHMOND, NEW YORK OR BRONX, to the division of criminal justice
services, which may re-disclose such data and records only for determin-
ing whether a license issued pursuant to section 400.00 of the penal law
should be denied, suspended or revoked, under subdivision eleven of such
section, or for determining whether a person is no longer permitted
under federal or state law to possess a firearm. Such records, which may
not be used for any other purpose, shall include only names and other
non-clinical identifying information of persons who have been involun-
tarily committed to a hospital pursuant to article nine of this chapter,
[or section four hundred two or subdivision two of section five hundred
eight of the correction law,] or article seven hundred thirty or section
330.20 of the criminal procedure law or sections 322.2 or 353.4 of the
family court act, or to a secure treatment facility pursuant to article
ten of this chapter.
(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, WHO RESIDES IN THE
COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, was involuntarily
committed or civilly confined to a facility under the jurisdiction of
the commissioner, to petition for relief from that disability where such
person's record and reputation are such that such person will not be
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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,
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.
§ 19. Subdivision (b) of section 9.46 of the mental hygiene law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:
(b) Notwithstanding any other law to the contrary, when a mental
health professional currently providing treatment services to a person,
WHO RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
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. 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.
§ 20. Subdivision 22 of section 265.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
22. "Assault weapon" means
(a) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION, A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
(A) A FOLDING OR TELESCOPING STOCK;
(B) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(C) A BAYONET MOUNT;
(D) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
FLASH SUPPRESSOR;
(E) A GRENADE LAUNCHER; OR
(II) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
CHARACTERISTICS:
(A) A FOLDING OR TELESCOPING STOCK;
(B) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(C) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
(D) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
(III) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHA-
BLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
(A) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
PISTOL GRIP;
(B) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
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(C) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NONTRIGGER HAND WITHOUT BEING BURNED;
(D) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED;
(E) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
OR
(IV) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
AS:
(A) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
MODELS);
(B) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
(C) BERETTA AR70 (SC-70);
(D) COLT AR-15;
(E) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
(F) SWD M-10, M-11, M-11/9, AND M-12;
(G) STEYR AUG;
(H) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
(I) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
SWEEPER AND STRIKER 12;
(V) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: (A) ANY RIFLE,
SHOTGUN OR PISTOL THAT (I) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR
SLIDE ACTION; (II) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (III) IS
AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);
(B) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
(C) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS OF
AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
(D) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
(E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF THIS SUBDIVI-
SION LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
NINETY-FOUR; AND
(B) (I) IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND
BRONX, a semiautomatic rifle that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
[(i)] (A) a folding or telescoping stock;
[(ii)] (B) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
[(iii)] (C) a thumbhole stock;
[(iv)] (D) a second handgrip or a protruding grip that can be held by
the non-trigger hand;
[(v)] (E) a bayonet mount;
[(vi)] (F) a flash suppressor, muzzle break, muzzle compensator, or
threaded barrel designed to accommodate a flash suppressor, muzzle
break, or muzzle compensator;
[(vii)] (G) a grenade launcher; or
[(b)] (II) a semiautomatic shotgun that has at least one of the
following characteristics:
[(i)] (A) a folding or telescoping stock;
[(ii)] (B) a thumbhole stock;
A. 6140 11
[(iii)] (C) a second handgrip or a protruding grip that can be held by
the non-trigger hand;
[(iv)] (D) a fixed magazine capacity in excess of seven rounds;
[(v)] (E) an ability to accept a detachable magazine; or
[(c)] (III) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least one of the following character-
istics:
[(i)] (A) a folding or telescoping stock;
[(ii)] (B) a thumbhole stock;
[(iii)] (C) a second handgrip or a protruding grip that can be held by
the non-trigger hand;
[(iv)] (D) capacity to accept an ammunition magazine that attaches to
the pistol outside of the pistol grip;
[(v)] (E) a threaded barrel capable of accepting a barrel extender,
flash suppressor, forward handgrip, or silencer;
[(vi)] (F) a shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the firearm
with the non-trigger hand without being burned;
[(vii)] (G) a manufactured weight of fifty ounces or more when the
pistol is unloaded; or
[(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
firearm;
[(d)] (IV) a revolving cylinder shotgun;
[(e)] (V) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
tomatic pistol or weapon defined in FORMER subparagraph (v) of paragraph
(e) of subdivision twenty-two of section 265.00 of this chapter as added
by chapter one hundred eighty-nine of the laws of two thousand and
otherwise lawfully possessed pursuant to such chapter of the laws of two
thousand prior to September fourteenth, nineteen hundred ninety-four;
[(f)] (VI) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
tomatic pistol or weapon defined in THIS paragraph OR PARAGRAPH (a)[,
(b) or (c)] of this subdivision, possessed prior to the date of enact-
ment of [the] chapter ONE of the laws of two thousand thirteen which
added this paragraph;
[(g)] (VII) provided, however, that such term does not include:
[(i)] (A) any rifle, shotgun or pistol that [(A)] (I) is manually
operated by bolt, pump, lever or slide action; [(B)] (II) has been
rendered permanently inoperable; or [(C)] (III) is an antique firearm as
defined in 18 U.S.C. 921(a)(16);
[(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
zine that holds more than five rounds of ammunition;
[(iii)] (C) a semiautomatic shotgun that cannot hold more than five
rounds of ammunition in a fixed or detachable magazine; or
[(iv)] (D) a rifle, shotgun or pistol, or a replica or a duplicate
thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was
manufactured on October first, nineteen hundred ninety-three. The mere
fact that a weapon is not listed in Appendix A shall not be construed to
mean that such weapon is an assault weapon;
[(v)] (E) any weapon validly registered pursuant to subdivision
sixteen-a of section 400.00 of this chapter. Such weapons shall be
subject to the provisions of [paragraph (h)] SUBPARAGRAPH (VIII) of this
[subdivision] PARAGRAPH;
[(vi)] (F) any firearm, rifle, or shotgun that was manufactured at
least fifty years prior to the current date, but not including replicas
thereof that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter;
A. 6140 12
[(h)] (VIII) Any weapon defined in [paragraph (e) or (f)] SUBPARAGRAPH
(V) OR (VI) of this [subdivision] PARAGRAPH and any large capacity ammu-
nition feeding device that was legally possessed by an individual prior
to the enactment of [the] chapter ONE of the laws of two thousand thir-
teen 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 trans-
fer to an individual or entity outside of the state must be reported to
the entity wherein the weapon is registered 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] SUBPARA-
GRAPH, is transferred within one year of the effective date of [the]
chapter ONE of the laws of two thousand thirteen which added this [para-
graph] SUBPARAGRAPH.
§ 21. Subdivision 23 of section 265.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER THIR-
TIETH, NINETEEN HUNDRED NINETY-FOUR, that [(a)] has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
tion, or (c) is obtained after the effective date of the chapter of the
laws of two thousand thirteen which amended this subdivision and has a
capacity of, or that can be readily restored or converted to accept,
more than seven rounds of ammunition]; provided, however, that such term
does not include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition [or a
feeding device that is a curio or relic. A feeding device that is a
curio or relic is defined as a device that (i) was manufactured at least
fifty years prior to the current date, (ii) is only capable of being
used exclusively in a firearm, rifle, or shotgun that was manufactured
at least fifty years prior to the current date, but not including repli-
cas thereof, (iii) is possessed by an individual who is not prohibited
by state or federal law from possessing a firearm and (iv) is registered
with the division of state police pursuant to subdivision sixteen-a of
section 400.00 of this chapter, except such feeding devices transferred
into the state may be registered at any time, provided they are regis-
tered within thirty days of their transfer into the state. Notwithstand-
ing paragraph (h) of subdivision twenty-two of this section, such feed-
ing devices may be transferred provided that such transfer shall be
subject to the provisions of section 400.03 of this chapter including
the check required to be conducted pursuant to such section].
§ 22. Subdivision 24 of section 265.00 of the penal law, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
24. "Seller of ammunition" means any person, firm, partnership, corpo-
ration or company who engages in the business of purchasing, selling or
keeping ammunition IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR
BRONX.
§ 23. The opening paragraph of section 265.01-b of the penal law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:
A person is guilty of criminal possession of a firearm when he or she,
BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR
A. 6140 13
BRONX: (1) possesses any firearm or; (2) lawfully possesses a firearm
prior to the effective date of [the] chapter ONE of the laws of two
thousand thirteen which added this section subject to the registration
requirements of subdivision sixteen-a of section 400.00 of this chapter
and knowingly fails to register such firearm pursuant to such subdivi-
sion.
§ 24. Paragraphs 3 and 7-f of subdivision a of section 265.20 of the
penal law, paragraph 3 as amended and paragraph 7-f as added by chapter
1 of the laws of 2013, are amended to read as follows:
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter or possession, IN THE COUNTY OF KINGS, QUEENS, RICHMOND,
NEW YORK OR BRONX, of a weapon as defined in SUBPARAGRAPH (V) OR (VI) OF
paragraph [(e) or (f)] (B) of subdivision twenty-two of section 265.00
of this article which is registered pursuant to paragraph (a) of subdi-
vision sixteen-a of section 400.00 of this chapter or is included on an
amended license issued pursuant to section 400.00 of this chapter. In
the event such license is revoked, other than because such licensee is
no longer permitted to possess a firearm, rifle or shotgun under federal
or state law, information sufficient to satisfy the requirements of
subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
mitted by the licensing officer to the DIVISION OF state police, in a
form as determined by the superintendent of state police. Such trans-
mission shall constitute a valid registration under such section.
Further provided, notwithstanding any other section of this title, a
failure to register such weapon by an individual, IN THE COUNTY OF
KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, who possesses such weapon
before the enactment of [the] chapter ONE of the laws of two thousand
thirteen which amended this paragraph and may so lawfully possess it
thereafter upon registration, shall only be subject to punishment pursu-
ant to paragraph (c) of subdivision sixteen-a of section 400.00 of this
chapter; provided, that such a license or registration shall not
preclude a conviction for the offense defined in subdivision three of
section 265.01 of this article or section 265.01-a of this article.
7-f. Possession and use of a magazine, belt, feed strip or similar
device, IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
that contains more than seven rounds of ammunition, but that does not
have a capacity of or can readily be restored or converted to accept
more than ten rounds of ammunition, at an indoor or outdoor firing range
located in or on premises owned or occupied by a duly incorporated
organization organized for conservation purposes or to foster proficien-
cy in arms; at an indoor or outdoor firing range for the purpose of
firing a rifle or shotgun; at a collegiate, olympic or target shooting
competition under the auspices of or approved by the national rifle
association; or at an organized match sanctioned by the International
Handgun Metallic Silhouette Association.
§ 25. The opening paragraph of section 265.36 of the penal law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:
It shall be unlawful for a person, IN THE COUNTY OF KINGS, QUEENS,
RICHMOND, NEW YORK OR BRONX, to knowingly possess a large capacity ammu-
nition feeding device manufactured before September thirteenth, nineteen
hundred ninety-four, and if such person lawfully possessed such large
capacity feeding device before the effective date of [the] chapter ONE
of the laws of two thousand thirteen which added this section, that has
a capacity of, or that can be readily restored or converted to accept,
more than ten rounds of ammunition.
A. 6140 14
§ 26. The opening paragraph of section 265.37 of the penal law, as
amended by section 2 of part FF of chapter 57 of the laws of 2013, is
amended to read as follows:
It shall be unlawful for a person to knowingly possess, IN THE COUNTY
OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, an ammunition feeding
device where such device contains more than seven rounds of ammunition.
§ 27. The opening paragraph of section 265.45 of the penal law, as
amended by section 3 of part FF of chapter 57 of the laws of 2013, is
amended to read as follows:
No person, RESIDING IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK
OR BRONX, who owns or is custodian of a rifle, shotgun or firearm who
resides with an individual who such person knows or has reason to know
is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)
(1), (4), (8) or (9) shall store or otherwise leave such rifle, shotgun
or firearm out of his or her immediate possession or control without
having first securely locked such rifle, shotgun or firearm in an appro-
priate safe storage depository or rendered it incapable of being fired
by use of a gun locking device appropriate to that weapon. For purposes
of this section "safe storage depository" shall mean a safe or other
secure container which, when locked, is incapable of being opened with-
out the key, combination or other unlocking mechanism and is capable of
preventing an unauthorized person from obtaining access to and
possession of the weapon contained therein. With respect to a person who
is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
for purposes of this section, this section applies only if such person
has been convicted of a crime included in subdivision one of section
370.15 of the criminal procedure law and such gun is possessed within
five years from the later of the date of conviction or completion of
sentence. Nothing in this section shall be deemed to affect, impair or
supersede any special or local act relating to the safe storage of
rifles, shotguns or firearms which impose additional requirements on the
owner or custodian of such weapons.
§ 28. Subdivision 1 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi-
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user of or addicted to any
controlled substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States under a nonimmigrant visa
subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her
citizenship; (i) who has stated whether he or she has ever suffered any
mental illness; (j) who, BEING A RESIDENT OF THE COUNTY OF KINGS,
QUEENS, RICHMOND, NEW YORK OR BRONX, has not been involuntarily commit-
ted to a facility under the jurisdiction of an office of the department
of mental hygiene pursuant to article nine or fifteen of the mental
A. 6140 15
hygiene law, article seven hundred thirty or section 330.20 of the crim-
inal procedure law, section four hundred two or five hundred eight of
the correction law, section 322.2 or 353.4 of the family court act, or
has not been civilly confined in a secure treatment facility pursuant to
article ten of the mental hygiene law; (k) who has not had a license
revoked or who is not under a suspension or ineligibility order issued
pursuant to the provisions of section 530.14 of the criminal procedure
law or section eight hundred forty-two-a of the family court act; (l) in
the county of Westchester, who has successfully completed a firearms
safety course and test as evidenced by a certificate of completion
issued in his or her name and endorsed and affirmed under the penalties
of perjury by a duly authorized instructor, except that: (i) persons who
are honorably discharged from the United States army, navy, marine corps
or coast guard, or of the national guard of the state of New York, and
produce evidence of official qualification in firearms during the term
of service are not required to have completed those hours of a firearms
safety course pertaining to the safe use, carrying, possession, mainte-
nance and storage of a firearm; and (ii) persons who were licensed to
possess a pistol or revolver prior to the effective date of this para-
graph are not required to have completed a firearms safety course and
test; (m) who, BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICH-
MOND, NEW YORK OR BRONX, has not had a guardian appointed for him or her
pursuant to any provision of state law, based on a determination that as
a result of marked subnormal intelligence, mental illness, incapacity,
condition or disease, he or she lacks the mental capacity to contract or
manage his or her own affairs; and (n) concerning whom no good cause
exists for the denial of the license. No person shall engage in the
business of gunsmith or dealer in firearms unless licensed pursuant to
this section. An applicant to engage in such business shall also be a
citizen of the United States, more than twenty-one years of age and
maintain a place of business in the city or county where the license is
issued. For such business, if the applicant is a firm or partnership,
each member thereof shall comply with all of the requirements set forth
in this subdivision and if the applicant is a corporation, each officer
thereof shall so comply.
§ 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
law, as amended by chapter 1 of the laws of 2013, are amended to read as
follows:
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
accessible 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, the investigating officer shall take the fingerprints and phys-
ical descriptive data in quadruplicate of each individual by whom the
application 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 corpo-
rate applicant that has already been issued a dealer in firearms license
and seeks to operate a firearm dealership at a second or subsequent
A. 6140 16
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, Albany, within ten days after issuance 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 investigation, the police
authority shall report the results to the licensing officer without
unnecessary delay.
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 of any person to whom an application for any
license has been granted shall be a public record. Upon application by a
licensee who has changed his place of residence such records or applica-
tions 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, Albany, within ten days after issuance of the license. The
superintendent of state police may designate that such application shall
be transmitted to the division of state police electronically. In the
event the superintendent of the division of state police 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,
department 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-
A. 6140 17
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 shall not be subject to disclosure
pursuant to article six of the public officers law.]
(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 ONE 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
applicant to request an exception from his or her application informa-
tion becoming public record pursuant to paragraph (a) of this subdivi-
sion. 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 ONE 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 appli-
cant an opportunity to specify 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.
(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
A. 6140 18
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)] (D) (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)] (E) 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 ONE 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, pursu-
ant to paragraph (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)] (F) If a request for an exception is determined to be null and
void pursuant to paragraph (b) [or (c)] of this subdivision, an appli-
cant may request review of such determination pursuant to article seven-
ty-eight of the civil practice [laws] LAW 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.
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
A. 6140 19
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
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 effec-
tive date of the chapter of the laws of two thousand thirteen which
added this paragraph shall be recertified by the licensee on or before
January thirty-first, two thousand eighteen, and not less than one year
prior to such date, the state police shall send a notice to all license
holders who have not recertified 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 desig-
nated 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.]
11. License: revocation and suspension. (a) The conviction of a licen-
see anywhere of a felony or serious offense [or a licensee at any time
becoming ineligible to obtain a license under this section] shall oper-
ate as a revocation of the license. A license may be revoked or
suspended as provided for in section 530.14 of the criminal procedure
law or section eight hundred forty-two-a of the family court act. Except
for a license issued pursuant to section 400.01 of this article, a
license may be revoked and cancelled at any time in the city of New
A. 6140 20
York, and in the counties of Nassau and Suffolk, by the licensing offi-
cer, and elsewhere than in the city of New York by any judge or justice
of a court of record; a license issued pursuant to section 400.01 of
this article may be revoked and cancelled at any time by the licensing
officer or any judge or justice of a court of record. The official
revoking a license shall give written notice thereof without unnecessary
delay to the executive department, division of state police, Albany, and
shall also notify immediately the duly constituted police authorities of
the locality.
(b) Whenever the director of community services IN THE COUNTIES OF
KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene law, the
division of criminal justice services shall convey such information,
whenever it determines that the person named in the report possesses a
license issued pursuant to this section, to the appropriate licensing
official, who shall issue an order suspending or revoking such license.
(c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph (f) of paragraph one of subdivision a of
section 265.20 of this chapter. In the event such license, firearm,
shotgun, or rifle is not surrendered, such items shall be removed and
declared a nuisance and any police officer or peace officer acting
pursuant to his or her special duties is authorized to remove any and
all such weapons.
12. Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms shall keep a record book
approved as to form, except in the city of New York, by the superinten-
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or iden-
tification mark on such firearm. Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20 OF THIS
CHAPTER. In addition, before delivering a firearm to a peace officer,
the licensee shall verify that person's status as a peace officer with
the division of state police. After completing the foregoing, the licen-
see shall remove and retain the attached coupon and enter in the record
book the date of such license, number, if any, and name of the licensing
officer, in the case of the holder of a license to carry or possess, or
the shield or other number, if any, assignment and department, unit or
agency, in the case of an exempt person. The original transaction report
shall be forwarded to the division of state police within ten days of
delivering a firearm to any person, and a duplicate copy shall be kept
by the licensee. The superintendent of state police may designate that
such record shall be completed and transmitted in electronic form. A
dealer may be granted a waiver from transmitting such records in elec-
tronic form if the superintendent determines that such dealer is incapa-
ble of such transmission due to technological limitations that are not
reasonably within the control of the dealer, or other exceptional
circumstances demonstrated by the dealer, pursuant to a process estab-
A. 6140 21
lished in regulation, and at the discretion of the superintendent.
[Records assembled or collected for purposes of inclusion in the data-
base created pursuant to section 400.02 of this article shall not be
subject to disclosure pursuant to article six of the public officers
law.] The record book shall be maintained on the premises mentioned and
described in the license and shall be open at all reasonable hours for
inspection by any peace officer, acting pursuant to his special duties,
or police officer. In the event of cancellation or revocation of the
license for gunsmith or dealer in firearms, or discontinuance of busi-
ness by a licensee, such record book shall be immediately surrendered to
the licensing officer in the city of New York, and in the counties of
Nassau and Suffolk, and elsewhere in the state to the executive depart-
ment, division of state police.
§ 30. Subdivision 16-a of section 400.00 of the penal law, as added by
chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
the laws of 2013, is amended to read as follows:
16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
or (f)] SUBPARAGRAPH (V) OR (VI) OF PARAGRAPH (B) of subdivision twen-
ty-two of section 265.00 of this chapter, WHO RESIDES IN THE COUNTY OF
KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, 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 regis-
ter such weapon with the superintendent of state police, in the manner
provided by the superintendent, or by amending a license issued pursuant
to this section within one year of the effective date of this subdivi-
sion except any weapon defined under [subparagraph (vi)] CLAUSE (F) OF
SUBPARAGRAPH (VII) of paragraph [(g)] (B) 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 IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW
YORK OR BRONX, of any weapon defined under [subparagraph (vi)] CLAUSE
(F) OF SUBPARAGRAPH (VII) of paragraph [(g)] (B) of subdivision twenty-
two of section 265.00 or a feeding device as defined under subdivision
twenty-three of section 265.00 of this chapter shall be transferable,
provided that the seller notifies the DIVISION OF state police within
seventy-two hours of the transfer and the buyer provides the DIVISION OF
state police with information sufficient to constitute a registration
under this section. Such registration shall not be valid if such regis-
trant is prohibited or becomes prohibited from possessing a firearm
pursuant to state or federal law. The superintendent shall determine
whether such registrant is prohibited from possessing a firearm under
state or federal 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 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] SUCH registrants shall
recertify to the division of state police 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, WHO RESIDES IN THE COUNTY OF KINGS, QUEENS,
RICHMOND, NEW YORK OR BRONX, of an assault weapon as defined in subdivi-
sion twenty-two of section 265.00 of this chapter, who is a qualified
A. 6140 22
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 shall create and maintain an
internet website to educate the public, WHO RESIDE IN THE COUNTY OF
KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, as to which semiautomatic
rifle, semiautomatic shotgun or semiautomatic 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 pursuant to article two hundred
sixty-five of this chapter. Such website shall contain information to
assist [the] SUCH public in recognizing the relevant 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 RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND,
NEW YORK OR BRONX, 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
paragraph 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.
§ 31. Section 400.02 of the penal law is REPEALED.
§ 32. Section 400.03 of the penal law, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
§ 400.03 Sellers of ammunition.
1. A seller of ammunition as defined in subdivision twenty-four of
section 265.00 of this chapter DOING BUSINESS IN THE COUNTY OF KINGS,
QUEENS, RICHMOND, NEW YORK OR BRONX, shall register with the superinten-
dent of state police in a manner provided by the superintendent. Any
dealer in firearms that is validly licensed pursuant to section 400.00
of this article shall not be required to complete such registration.
2. Any seller of ammunition or dealer in firearms DOING BUSINESS IN
THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, shall keep a
record book approved as to form by the superintendent of state police.
In the record book shall be entered at the time of every transaction
involving ammunition the date, name, age, occupation and residence of
any person from whom ammunition is received or to whom ammunition is
delivered, and the amount, calibre, manufacturer's name and serial
number, or if none, any other distinguishing number or identification
mark on such ammunition. The record book shall be maintained on the
premises mentioned and described in the license and shall be open at all
reasonable hours for inspection by any peace officer, acting pursuant to
his or her special duties, or police officer. Any record produced pursu-
ant to this section and any transmission thereof to any government agen-
cy shall not be considered a public record for purposes of article six
of the public officers law.
A. 6140 23
3. [No later than thirty days after the superintendent of the state
police certifies that the statewide license and record database estab-
lished pursuant to section 400.02 of this article is operational for the
purposes of this section, a] A dealer in firearms licensed pursuant to
section 400.00 of this article, a seller of ammunition as defined in
subdivision twenty-four of section 265.00 of this chapter DOING BUSINESS
IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, shall not
transfer any ammunition to any other person who is not a dealer in
firearms as defined in subdivision nine of such section 265.00 or a
seller of ammunition as defined in subdivision twenty-four of section
265.00 of this chapter, unless:
(a) before the completion of the transfer, the licensee or seller
contacts the [statewide license and record database] SUPERINTENDENT OF
STATE POLICE and provides the [database] SUPERINTENDENT with information
sufficient to identify such dealer or seller, transferee based on infor-
mation on the transferee's identification document as defined in para-
graph (c) of this subdivision, as well as the amount, calibre, manufac-
turer's name and serial number, if any, of such ammunition;
(b) the [system] SUPERINTENDENT provides the licensee or seller with a
unique identification number; and
(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.
4. If the [database] SUPERINTENDENT OF STATE POLICE determines that
the purchaser of ammunition is eligible to possess ammunition pursuant
to state and federal laws, [the system] HE OR SHE shall:
(a) assign a unique identification number to the transfer; and
(b) provide the licensee or seller with the number.
5. If the [statewide license and record database] SUPERINTENDENT OF
STATE POLICE notifies the licensee or seller that the information avail-
able [to the database] does not demonstrate that the receipt of ammuni-
tion by such other person would violate 18 U.S.C. 922(g) or state law,
and the licensee transfers ammunition to such other person, the licensee
shall indicate to the [database] SUPERINTENDENT that such transaction
has been completed at which point a record of such transaction shall be
created which shall be accessible by the division of state police and
maintained for no longer than one year from point of purchase[, which
shall not be incorporated into the database established pursuant to
section 400.02 of this article or the registry established pursuant to
subdivision sixteen-a of section 400.00 of this article]. The division
of state police may share such information with a local law enforcement
agency. Evidence of the purchase of ammunition is not sufficient to
establish probable cause to believe that the purchaser has committed a
crime absent other information tending to prove the commission of a
crime. Records assembled or accessed pursuant to this section shall not
be subject to disclosure pursuant to article six of the public officers
law. This requirement of this section shall not apply (i) if a back-
ground check cannot be completed because the system is not operational
as determined by the superintendent of state police, or where it cannot
be accessed by the practitioner due to a temporary technological or
electrical failure, as set forth in regulation, or (ii) a dealer or
seller has been granted a waiver from conducting such background check
if the superintendent of state police determines that such dealer is
A. 6140 24
incapable of such check due to technological limitations that are not
reasonably within the control of the dealer, or other exceptional
circumstances demonstrated by the dealer, pursuant to a process estab-
lished in regulation, and at the discretion of such superintendent.
6. If the superintendent of state police certifies that background
checks of ammunition purchasers IN THE COUNTY OF KINGS, QUEENS, RICH-
MOND, NEW YORK OR BRONX may be conducted through the national instant
criminal background check system, use of that system by a dealer or
seller shall be sufficient to satisfy subdivisions four and five of this
section and such checks shall be conducted through such system, provided
that a record of such transaction shall be forwarded to the state police
in a form determined by the superintendent.
7. No commercial transfer of ammunition shall take place IN THE COUNTY
OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX unless a licensed dealer
in firearms or registered seller of ammunition acts as an intermediary
between the transferor and the ultimate transferee of the ammunition for
the purposes of contacting the statewide license and record database
pursuant to this section. Such transfer between the dealer or seller,
and transferee must occur in person.
8. A seller of ammunition who fails to register pursuant to this
section and sells ammunition, for a first offense, shall be guilty of a
violation and subject to the fine of one thousand dollars and for a
second offense, shall be guilty of a class A misdemeanor.
A seller of ammunition that fails to keep any record required pursuant
to this section, for a first offense shall be guilty of a violation and
subject to a fine of five hundred dollars, and for a second offense
shall be guilty of a class B misdemeanor, and the registration of such
seller shall be revoked.
§ 33. Paragraph (a) of subdivision 1 and subdivision 3 of section
400.10 of the penal law, as amended by chapter 1 of the laws of 2013,
are amended to read as follows:
(a) Any owner or other person lawfully in possession of: (i) a
firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
on; (ii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
ammunition as well as a firearm, rifle or shotgun who suffers the loss
or theft of such ammunition as well as a firearm, rifle or shotgun; or
(iii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, ammu-
nition and is a dealer in firearms or seller of ammunition who suffers
the loss or theft of such ammunition shall within twenty-four hours of
the discovery of the loss or theft report the facts and circumstances of
the loss or theft to a police department or sheriff's office.
3. Notwithstanding any other provision of law, a violation of para-
graph (a) of subdivision one of this section shall be [a class A misde-
meanor] PUNISHABLE ONLY BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
§ 34. Section 2509 of the surrogate's court procedure act, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
§ 2509. Firearms inventory
Whenever, by regulation, rule or statute, a fiduciary or attorney of
record IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX must
file a list of assets constituting a decedent's estate, such list must
include a particularized description of every firearm, shotgun and
rifle, as such terms are defined in section 265.00 of the penal law,
that are part of such estate. Such list must be filed with the surro-
gate's court in the county in which the estate proceeding, if any, is
pending and a copy must be filed with the division of criminal justice
services.
A. 6140 25
§ 35. This act shall take effect immediately.