The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5758

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2019
                               ___________

Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure law, the family  court  act,  the
  domestic  relations  law, the general business law, the judiciary law,
  the mental hygiene law, the penal law and the surrogate's court proce-
  dure  act,  in  relation  to  limiting  the  application  of   certain
  provisions  of  law  relating  to  firearms  to the counties of Kings,
  Queens, Richmond, New York and Bronx; and to repeal section 400.02  of
  the penal law relating to the statewide license and record database

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
follows:
  2-a.  Firearm,  rifle  or shotgun surrender order IN CERTAIN COUNTIES.
[Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK  AND  BRONX,
UPON  entry  of a verdict of not responsible by reason of mental disease
or defect, or upon the acceptance of a plea of not responsible by reason
of mental disease or defect, or upon a finding that the defendant is  an
incapacitated  person  pursuant  to article seven hundred thirty of this
chapter, the court shall revoke the defendant's firearm license, if any,
inquire of the defendant  as  to  the  existence  and  location  of  any
firearm,  rifle  or  shotgun  owned  or  possessed by such defendant and
direct the surrender of such  firearm,  rifle  or  shotgun  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.
  § 2. Section 380.96 of the criminal procedure law, as added by chapter
1 of the laws of 2013, is amended to read as follows:
§ 380.96 Obligation  of sentencing court IN CERTAIN COUNTIES pursuant to
           article four hundred of the penal law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03000-01-9

A. 5758                             2

  [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  60 of the laws of 2018, 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, rifles and shotguns
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 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
  (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, rifle or shotgun unlaw-
fully  against  the person or persons for whose protection the temporary
order of  protection  is  issued,  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, rifles and
shotguns 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:

A. 5758                             3

  (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, rifles and shotguns
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  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; 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, rifle or shotgun unlaw-
fully against the person or persons for whose protection  the  order  of
protection  is issued, (i) 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,  rifles  and  shotguns
owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
existing license possessed by the respondent, order the respondent inel-
igible 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, rifles and shotguns 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, rifles and shotguns
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

A. 5758                             4

  (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, rifle or shotgun unlaw-
fully against the person or persons for whose protection  the  order  of
protection was issued, (i) revoke any such existing license possessed by
the  respondent,  order  the  respondent  ineligible for such a license,
whether or not the respondent possesses 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, rifles  and  shotguns  owned  or
possessed  or  (ii)  suspend  any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the  immediate surrender of any or all firearms, rifles and shot-
guns 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

A. 5758                             5

respondent shall be mandatory, pursuant to subdivision eleven of section
400.00 of the penal law.
  §  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.

A. 5758                             6

  §  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:
  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 60
of the laws of 2018, 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, rifle or shotgun  unlaw-
fully  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 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, rifles  and
shotguns owned or possessed.

A. 5758                             7

  §  13.  The  opening  paragraph  and paragraph (b) of subdivision 2 of
section 530.14 of the criminal procedure law, as amended by  chapter  60
of the laws of 2018, 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
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,  [rifles  or  shotguns]
RIFLE  OR  SHOTGUN  unlawfully  against  the person or persons for whose
protection the order of protection is issued, (i) revoke any such exist-
ing license possessed by the defendant, order the  defendant  ineligible
for  such  a  license  and  order  the immediate surrender of any or all
firearms, rifles and shotguns owned or  possessed  or  (ii)  suspend  or
continue  to  suspend any such existing license possessed by the defend-
ant, 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, rifles  and  shotguns  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  60
of the laws of 2018, 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, rifle or shotgun unlaw-
fully 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 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, rifles and shotguns
owned or possessed or (ii) 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, rifles and shotguns
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

A. 5758                             8

  § 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-
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.

A. 5758                             9

  (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
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;

A. 5758                            10

  (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;
  (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;

A. 5758                            11

  [(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;
  [(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

A. 5758                            12

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;
  [(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

A. 5758                            13

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
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

A. 5758                            14

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.
  §  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, paragraph (c) as amended by chapter 60 of
the laws of 2018, 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

A. 5758                            15

anywhere of a felony or a serious offense or who is not the  subject  of
an outstanding warrant of arrest issued upon the alleged commission of a
felony  or  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 admit-
ted to the United States under a nonimmigrant visa subject to the excep-
tion  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 citi-
zen 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 committed to a facility under
the jurisdiction of an office of the department of mental hygiene pursu-
ant to article nine or fifteen of the mental hygiene law, article  seven
hundred  thirty or section 330.20 of the criminal 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 author-
ized 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, maintenance and stor-
age of a firearm; and (ii) persons who were licensed to possess a pistol
or revolver prior to the  effective  date  of  this  paragraph  are  not
required  to  have completed a firearms safety course and test; (m) who,
BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, 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-

A. 5758                            16

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
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] (E) of this subdivi-
sion, 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

A. 5758                            17

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-
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

A. 5758                            18

  (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
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-

A. 5758                            19

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
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

A. 5758                            20

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
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,

A. 5758                            21

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-
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

A. 5758                            22

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
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.

A. 5758                            23

  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.
  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

A. 5758                            24

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
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.

A. 5758                            25

  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.
  § 35. This act shall take effect immediately.