Senate Bill S6834

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6834
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             November 6, 2019
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to  protecting  the  personal
   and private information of persons granted a pistol permit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of  section  400.00  of  the  penal  law,  as
 amended by chapter 1 of the laws of 2013 and subparagraph (iii) of para-
 graph  (e)  as amended by chapter 244 of the laws of 2019, is amended to
 read as follows:
   5. Filing of  approved  applications.  (a)  The  application  for  any
 license,  if  granted,  shall be filed by the licensing officer with the
 clerk of the county of issuance, except that in the  city  of  New  York
 and,  in the counties of Nassau and Suffolk, the licensing officer shall
 designate the place of filing in the  appropriate  division,  bureau  or
 unit  of the police department thereof, and in the county of Suffolk the
 county clerk is hereby authorized to transfer all  records  or  applica-
 tions  relating  to  firearms to the licensing authority of that county.
 Except as provided in paragraphs (b) through (f)  of  this  subdivision,
 the  name  and  address  of  any  person  to whom an application for any
 license has been granted shall NOT be a public record. Upon  application
 by a licensee who has changed his OR HER place of residence such records
 or  applications  shall be transferred to the appropriate officer at the
 licensee's new place of residence. A duplicate copy of such  application
 shall  be  filed  by  the licensing officer in the executive department,
 division of state police, Albany, within ten days after issuance of  the
 license.  The  superintendent  of  state  police may designate that such
 application shall be transmitted to the division of state  police  elec-
 tronically.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13884-02-9

 S. 6834                             2
 
 the  appropriate  clerk, department or authority and such clerk, depart-
 ment or authority shall provide the division with such records.  In  the
 event  such clerk, department or authority lacks such records, the divi-
 sion  may  request  the license holder provide information sufficient to
 constitute such record and such license holder shall provide  the  divi-
 sion  with  such  information.  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 subdivision 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 estab-
 lished by this section shall ONLY 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.
 NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS  PARAGRAPH,  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 PARAGRAPH SHALL NOT BE
 CONSIDERED A PUBLIC RECORD OF SUCH LAW ENFORCEMENT AGENCY.
   (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 of the laws of two thousand [thirteen] NINETEEN,  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]  BECOME public record pursuant to paragraph (a) of this
 subdivision. [Such forms, which shall also be made available to individ-
 uals who had applied for or been granted a license prior to  the  effec-
 tive  date  of  the  chapter  of the laws of two thousand thirteen which
 amended this section, shall notify applicants that, upon discovery  that
 an applicant knowingly provided false information, such applicant may be
 subject  to  penalties  pursuant  to section 175.30 of this chapter, and
 further, that his or her request for an  exception  shall  be  null  and
 void,  provided  that  written  notice  containing such determination is
 provided to the applicant. Further, such forms shall provide each appli-
 cant an opportunity to specify the grounds on which he or  she  believes
 his  or  her  application  information should not be publicly disclosed.
 These grounds, which shall be identified on the application with  a  box
 beside  each  for checking, as applicable, by the applicant, shall be as
 follows:
   (i) the applicant's life or safety may  be  endangered  by  disclosure
 because:
   (A)  the applicant is an active or retired police officer, peace offi-
 cer, probation officer, parole officer, or corrections officer;
   (B) the applicant is a protected person under a currently valid  order
 of protection;
   (C) the applicant is or was a witness in a criminal proceeding involv-
 ing a criminal charge;
   (D)  the  applicant  is  participating or previously participated as a
 juror in a criminal proceeding, or is or was a member of a  grand  jury;
 or
   (E) the applicant is a spouse, domestic partner or household member of
 a  person  identified  in this subparagraph or subparagraph (ii) of this

 S. 6834                             3

 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] BECOME public record pursuant to paragraph (a) of
 this subdivision. Such forms shall [notify applicants that, upon discov-
 ery that an applicant knowingly provided false information, such  appli-
 cant  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 determi-
 nation is provided to the applicant. Further, such forms  shall  provide
 each  applicant an opportunity to either decline to request the grant or
 continuation 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.] PROVIDE EACH APPLICANT
 THE OPPORTUNITY TO SPECIFY THAT HE OR SHE WOULD LIKE HIS OR HER INFORMA-
 TION PUBLICLY DISCLOSED AND TO BE A PART OF THE PUBLIC RECORD.
   (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)  (i)  Upon receiving a request for [exception from] PUBLIC disclo-
 sure, 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]  MAKE  SUCH  APPLICATION  PART  OF  THE  PUBLIC
 RECORD.
   (ii)  A  request  for  [an  exception  from]  PUBLIC disclosure may be
 submitted at any time, including after a license or recertification  has
 been granted.
   (iii) If [an exception] PUBLIC DISCLOSURE is sought and granted pursu-
 ant  to paragraph (b) OR (C) of this subdivision, the application infor-
 mation 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  subdivision,  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 subparagraph, local and state law enforcement  shall,
 upon request, be granted access to and copies of such application infor-
 mation provided that such information obtained by law enforcement pursu-
 ant to this subparagraph shall not be considered a public record of such
 law enforcement agency].
   (f) 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 of the laws of two  thousand
 [thirteen]  NINETEEN, 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]  PUBLIC
 DISCLOSURE,  pursuant  to  paragraph  (b)  of  this  subdivision, may be
 released only if such individuals did [not] file a request for such  [an

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 exception]  PUBLIC DISCLOSURE 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) [If a request for an exception is determined to be null  and  void
 pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
 request review of such determination pursuant to  article  seventy-eight
 of  the  civil  practice  laws  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.]  WITHIN  THIRTY  DAYS  OF  THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN WHICH
 AMENDED  THIS  SECTION,  ALL  INFORMATION  WHICH  WAS PART OF THE PUBLIC
 RECORD UNDER PARAGRAPH (A) OF THIS SUBDIVISION  FOR  ANY  APPLICANT  WHO
 REQUESTED THAT HIS OR HER INFORMATION BE EXEMPTED FROM THE PUBLIC RECORD
 WILL BE REMOVED FROM THE PUBLIC RECORD.
   §  2.  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.