S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6160
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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  local  and  state  law
   enforcement's  access  to  records  of  applications  for  licenses of
   firearms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iii)  of paragraph (e) of subdivision 5 of
 section 400.00 of the penal law, as added by chapter 1 of  the  laws  of
 2013, is amended to read as follows:
   (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.   NOTWITHSTANDING THE FOREGOING PROVISIONS  OF  THIS  SUBPARA-
 GRAPH,  LOCAL  AND STATE LAW ENFORCEMENT SHALL, UPON REQUEST, BE GRANTED
 ACCESS TO AND COPIES OF SUCH APPLICATION INFORMATION PROVIDED THAT  SUCH
 INFORMATION  OBTAINED  BY  LAW ENFORCEMENT PURSUANT TO THIS SUBPARAGRAPH
 SHALL NOT BE CONSIDERED A PUBLIC RECORD OF SUCH LAW ENFORCEMENT AGENCY.
   § 2. Section 400.02 of the penal law, as added by  chapter  1  of  the
 laws of 2013, is amended to read as follows:
 § 400.02 Statewide license and record database.
   There  shall be a statewide license and record database which shall be
 created and maintained by the division of state police the cost of which
 shall not be borne by any municipality. Records assembled  or  collected
 for  purposes  of  inclusion  in  such  database shall not be subject to
 disclosure pursuant to article six of the public officers  law.  Records
 containing granted license applications shall be periodically checked by
 the  division  of criminal justice services against criminal conviction,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11149-02-9

 S. 6160                             2
 
 mental health, and all other records as are necessary to determine their
 continued accuracy as well as whether an individual is no longer a valid
 license holder. The division of criminal  justice  services  shall  also
 check  pending  applications  made pursuant to this article against such
 records to determine whether a license may be granted. All  state  agen-
 cies  shall cooperate with the division of criminal justice services, as
 otherwise authorized by law, in making their records available for  such
 checks. The division of criminal justice services, upon determining that
 an  individual  is  ineligible  to  possess a license, or is no longer a
 valid license holder, shall notify the applicable licensing official  of
 such determination and such licensing official shall not issue a license
 or  revoke such license and any weapons owned or possessed by such indi-
 vidual shall be removed consistent with the  provisions  of  subdivision
 eleven  of  section 400.00 of this article. Local and state law enforce-
 ment shall have access to such database[,  as  otherwise  authorized  by
 law,] in the performance of their duties. Records assembled or collected
 for  purposes  of  inclusion in the database established by this section
 shall be released pursuant to a court order.
   § 3. This act shall take effect immediately.