NY State Senate Bill 2019-S1413

Senate Bill S1413

2019-2020 Legislative Session

Relates to requiring social media reviews prior to the approval of an application for a license to carry or possess a pistol or revolver or to purchase a rifle or shotgun

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 14, 2019	referred to codes

2019-S1413 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, add §400.20, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S9191

2019-S1413 (ACTIVE) - Summary

Relates to requiring social media and search engine reviews prior to the approval of an application or renewal of a license to carry or possess a pistol or revolver; requires a person applying for a license to carry or possess a pistol or revolver or a renewal of such license to consent to having his or her social media accounts and search engine history reviewed and investigated for certain posts and/or searches over a period of 1-3 years prior to the approval of such application or renewal; defines terms.

2019-S1413 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1413

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the penal law, in relation to requiring social media
reviews prior to the approval of an application of a license to carry or
possess a pistol or revolver; and to amend the penal law, in relation to
requiring social media reviews prior to the delivery of a rifle or shot-
gun

 
PURPOSE OR GENERAL IDEA OF BILL:

in relation to requiring social media reviews prior to the approval of
an application of a license to carry or possess a pistol or revolver;
and to amend the penal law, in relation to requiring social media
reviews prior to the delivery of a rifle or shot gun

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The Penal law is amended by adding a new section 400.20

Section 2. This act shall take effect on the ninetieth day after it
shall have become law. Effective immediately the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

 
JUSTIFICATION:

Three hundred and twenty three mass shootings have occurred in the
United States as of November 28, 2018. The most recent is the "Tree of
Life" synagogue massacre in Pittsburg where once again eleven innocent
people were brutally murdered. Strengthening gun policies has become the
topic of conversation, not only in New York State but for the entire
country. In this and other mass shootings, authorities have noticed a
trend. The shooters not only promoted and encouraged violence against
others, but in some cases posted on their social media about their
planned actions prior to the attacks.

New York is 1 of 6 states with constitutions that do not explicitly
protect the right of the people to keep and bear arms. Although New York
State has some of the strictest gun laws in the country, we can no long-
er provide protection to existing gun owners at the expense of the rest
of society. FBI Statistics show that over a 13-year period, 72 percent
of the mass shootings in the U.S. were committed with legally obtained
firearms. New York State is a "May Issue" policy state and the issuance
of a firearm is at the discretion of the issuing officer. This legis-
lation will give them an added line of defense in deciphering
intentions, if any of individuals purchasing rifles/shotguns.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law

2019-S1413 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1413
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  requiring  social  media
   reviews  prior to the approval of an application of a license to carry
   or possess a pistol or revolver;  and  to  amend  the  penal  law,  in
   relation  to requiring social media reviews prior to the delivery of a
   rifle or shotgun
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 and subdivision 4 of section
 400.00  of  the  penal law, as amended by chapter 1 of the laws of 2013,
 are amended to read as follows:
   (a) Applications shall be made and renewed, in the case of  a  license
 to  carry  or  possess a pistol or revolver, to the licensing officer in
 the city or county, as the case may be, where the applicant resides,  is
 principally  employed  or  has his or her principal place of business as
 merchant or storekeeper; and, in the case of a license  as  gunsmith  or
 dealer  in  firearms, to the licensing officer where such place of busi-
 ness is located. Blank applications shall, except in  the  city  of  New
 York,  be  approved as to form by the superintendent of state police. An
 application shall state the full name, date of birth, residence, present
 occupation of each person or individual signing the same, whether or not
 he or she is a citizen of the United States, whether or not  he  or  she
 complies  with each requirement for eligibility specified in subdivision
 one of this section, CONSENT TO HAVE HIS OR HER  SOCIAL  MEDIA  ACCOUNTS
 REVIEWED  AND INVESTIGATED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION,
 and such other facts as may be required  to  show  the  good  character,
 competency and integrity of each person or individual signing the appli-
 cation.    THE  SOCIAL  MEDIA  ACCOUNT CONSENT REQUIRED PURSUANT TO THIS
 SUBDIVISION SHALL INCLUDE TWO CHECK BOXES AS  PART  OF  THE  APPLICATION
 WITH THE FOLLOWING TYPED IN CLEAR AND CONSPICUOUS TYPE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06589-01-9

 S. 1413                             2
 
   "I CONSENT TO MAKING MY SOCIAL MEDIA PAGE PUBLIC FOR A PERIOD OF SIXTY
 DAYS."; AND
   "I CERTIFY THAT NO CONTENT ON MY SOCIAL MEDIA PAGE HAS BEEN ALTERED OR
 REMOVED  SIXTY  DAYS PRIOR TO MY APPLICATION DATE AND SUCH CONTENT SHALL
 NOT BE ALTERED OR REMOVED UNTIL THE INVESTIGATION  REQUIRED  TO  APPROVE
 THIS APPLICATION HAS BEEN COMPLETED."
   FAILURE TO CHECK SUCH BOX SHALL RESULT IN DENIAL OF AN APPLICATION. An
 application  shall be signed and verified by the applicant.  SUCH APPLI-
 CATION SHALL INFORM THE APPLICANT THAT HE OR SHE SIGNS SUCH  APPLICATION
 UNDER  THE  PENALTIES OF PERJURY. Each individual signing an application
 shall submit one photograph of himself or herself and  a  duplicate  for
 each  required copy of the application. Such photographs shall have been
 taken within thirty days prior to filing the application. In case  of  a
 license  as  gunsmith  or  dealer in firearms, the photographs submitted
 shall be two inches square, and the application  shall  also  state  the
 previous occupation of each individual signing the same and the location
 of  the  place  of  such  business, or of the bureau, agency, subagency,
 office or branch office for which the license is sought, specifying  the
 name  of the city, town or village, indicating the street and number and
 otherwise giving such apt description as to  point  out  reasonably  the
 location  thereof. In such case, if the applicant is a firm, partnership
 or corporation, its name, date and place  of  formation,  and  principal
 place  of  business  shall  be stated. For such firm or partnership, the
 application shall be signed and verified by each individual composing or
 intending to compose the same, and for such corporation, by each officer
 thereof.
   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 acces-
 sible 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  physical
 descriptive  data in quadruplicate of each individual by whom the appli-
 cation 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 corporate
 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

 S. 1413                             3
 
 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.    IN  ORDER  TO  ASCERTAIN  WHETHER ANY SOCIAL MEDIA
 ACCOUNT OF AN APPLICANT PRESENTS ANY GOOD CAUSE  FOR  THE  DENIAL  OF  A
 LICENSE,  THE  INVESTIGATING  OFFICER  SHALL, AFTER OBTAINING THE APPLI-
 CANT'S CONSENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION, REVIEW  AN
 APPLICANT'S  SOCIAL  MEDIA  ACCOUNTS  FOR  THE  PREVIOUS THREE YEARS AND
 INVESTIGATE AN APPLICANT'S POSTS RELATED TO (I) EXCESSIVE DISCRIMINATORY
 CONTENT; OR (II) CONTENT THAT IS LIKELY TO INCITE OR PRODUCE  A  VIOLENT
 ACTION  IN  OR  TOWARDS  OTHERS.  FOR  THE PURPOSES OF THIS SUBDIVISION,
 "SOCIAL MEDIA ACCOUNTS" SHALL ONLY INCLUDE FACEBOOK, YOUTUBE, GAB, TWIT-
 TER AND INSTAGRAM AND "EXCESSIVE"  SHALL  MEAN  MORE  THAN  ONE  HUNDRED
 POSTS.  Upon completion of the investigation, the police authority shall
 report the results to the licensing officer without unnecessary delay.
   § 2. The penal law is amended by adding a new section 400.20  to  read
 as follows:
 § 400.20 SOCIAL MEDIA ACCOUNT REVIEW PRIOR TO THE DELIVERY OF A RIFLE OR
            SHOTGUN.
   1.  PRIOR  TO  THE DELIVERY OF ANY RIFLE OR SHOTGUN SOLD BY A LICENSED
 DEALER TO ANY PERSON, THE PURCHASER SHALL CONSENT TO  HAVE  HIS  OR  HER
 SOCIAL  MEDIA ACCOUNTS REVIEWED AND INVESTIGATED BY THE POLICE AUTHORITY
 OF THE LOCALITY WHERE SUCH SALE IS  MADE.    A  FORM  PROVIDING  CONSENT
 PURSUANT  TO  THIS  SUBDIVISION  SHALL  INCLUDE TWO CHECK BOXES WITH THE
 FOLLOWING TYPED IN CLEAR AND CONSPICUOUS TYPE:
   "I CONSENT TO MAKING MY SOCIAL MEDIA PAGE PUBLIC FOR A PERIOD OF SIXTY
 DAYS."; AND
   "I CERTIFY THAT NO CONTENT ON MY SOCIAL MEDIA PAGE HAS BEEN ALTERED OR
 REMOVED SIXTY DAYS PRIOR TO MY APPLICATION DATE AND SUCH  CONTENT  SHALL
 NOT  BE  ALTERED  OR REMOVED UNTIL THE INVESTIGATION REQUIRED TO APPROVE
 THIS APPLICATION HAS BEEN COMPLETED."
   FAILURE TO CHECK SUCH BOX SHALL RESULT IN DENIAL  OF  AN  APPLICATION.
 SUCH FORM SHALL BE SIGNED AND VERIFIED BY THE PURCHASER AND SHALL INFORM
 THE  PURCHASER  THAT  HE  OR  SHE SIGNS SUCH FORM UNDER THE PENALTIES OF
 PERJURY.  AFTER COMPLETION OF THE REVIEW PURSUANT TO SUBDIVISION TWO  OF
 THIS SECTION, THE PURCHASER SHALL PROVIDE THE LICENSED DEALER WITH PROOF
 OF HIS OR HER APPROVAL TO PURCHASE SUCH RIFLE OR SHOTGUN.
   2.  IN  ORDER  TO  ASCERTAIN  WHETHER  ANY  SOCIAL  MEDIA ACCOUNT OF A
 PURCHASER OF A RIFLE OR SHOTGUN PRESENTS ANY GOOD CAUSE FOR  THE  DENIAL
 OF  SUCH  PURCHASE, THE POLICE AUTHORITY OF THE LOCALITY WHERE SUCH SALE
 IS MADE SHALL, AFTER  OBTAINING  THE  PURCHASER'S  CONSENT  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION  REVIEW  A  PURCHASER'S SOCIAL MEDIA
 ACCOUNTS FOR THE PREVIOUS THREE YEARS AND INVESTIGATE POSTS  RELATED  TO
 (I)  EXCESSIVE DISCRIMINATORY CONTENT; OR (II) CONTENT THAT IS LIKELY TO
 INCITE OR PRODUCE A VIOLENT ACTION  IN  OR  TOWARDS  OTHERS.    FOR  THE
 PURPOSES  OF  THIS  SECTION,  "SOCIAL MEDIA ACCOUNTS" SHALL ONLY INCLUDE
 FACEBOOK, YOUTUBE, GAB, TWITTER AND INSTAGRAM AND "EXCESSIVE" SHALL MEAN

 S. 1413                             4
 
 MORE THAN ONE HUNDRED POSTS.  UPON COMPLETION OF THE INVESTIGATION,  THE
 POLICE  AUTHORITY  SHALL  REPORT  THE  RESULTS  TO THE PURCHASER WITHOUT
 UNNECESSARY DELAY AND, IF APPROPRIATE, PROVIDE THE PURCHASER WITH  PROOF
 OF APPROVAL TO PURCHASE SUCH RIFLE OR SHOTGUN.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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