S T A T E O F N E W Y O R K
________________________________________________________________________
862
2019-2020 Regular Sessions
I N S E N A T E
January 9, 2019
___________
Introduced by Sen. GALLIVAN -- 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 authorizing the transfer
of certain weapons from an estate to an immediate member of the
decedent's family; to amend the general business law, in relation to
expanding the definition of immediate family to include siblings,
grandparents and grandchildren as such term relates to the private
sale or disposal of certain firearms; to amend the penal law, in
relation to the filing of approved applications for licenses to carry,
possess, repair and dispose of firearms; to amend the penal law, in
relation to certain large capacity ammunition feeding devices; to
repeal section 265.37 of the penal law, relating to unlawful
possession of certain ammunition feeding devices; and to repeal
section 400.03 of the penal law relating to sellers of ammunition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (g) of subdivision 22 of section 265.00 of the
penal law is amended by adding a new subparagraph (vii) to read as
follows:
(VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT TO
SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN IMMEDI-
ATE FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR PURPOSES OF THIS
SUBPARAGRAPH, THE MEANING OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
SUBDIVISION ONE OF SECTION EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL
BUSINESS LAW;
§ 2. Paragraph (h) of subdivision 22 of section 265.00 of the penal
law, as added by chapter 1 of the laws of 2013, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03844-01-9
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(h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
and any large capacity ammunition feeding device that was legally
possessed by an individual prior to [the enactment of the chapter of the
laws of two thousand thirteen which added this paragraph] JANUARY
FIFTEENTH, TWO THOUSAND THIRTEEN, 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], is
transferred within one year [of the effective date of the chapter of the
laws of two thousand thirteen which added this paragraph] OF JANUARY
FIFTEENTH, TWO THOUSAND FOURTEEN.
(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION
THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
TO HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
TO ONE OF HIS OR HER IMMEDIATE FAMILY MEMBERS. FOR PURPOSES OF THIS
SUBPARAGRAPH, THE MEANING OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
SUBDIVISION ONE OF SECTION EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL
BUSINESS LAW.
§ 3. 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 feder-
al law, all sales, exchanges or disposals of firearms, rifles or shot-
guns 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] 921, when such sale, exchange or disposal is conducted pursuant to
that person's federal 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, chil-
dren and step-children, SIBLINGS, GRANDPARENTS AND GRANDCHILDREN.
§ 4. Subdivision 5 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, 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] THE APPLICATION AND ANY SUPPORTING RECORDS,
INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person to whom an
application for any license has been granted shall NOT be a public
record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW. 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
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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 superinten-
dent of state police may designate that such application shall be trans-
mitted 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, depart-
ment 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] ARTICLE 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 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 appli-
cant to request an exception from his or her application information
becoming public record pursuant to paragraph (a) of this subdivision.
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 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 applicant an opportunity to spec-
ify 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
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(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) (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) 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, 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, pursuant to para-
graph (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) 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
S. 862 5
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.]
§ 5. Subdivision a of section 265.20 of the penal law is amended by
adding a new paragraph 11-a to read as follows:
11-A. POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE BY AN
INDIVIDUAL WHO LEGALLY POSSESSED THE LARGE CAPACITY AMMUNITION FEEDING
DEVICE BEFORE APRIL FIFTEENTH, TWO THOUSAND THIRTEEN.
§ 6. Section 265.37 of the penal law is REPEALED.
§ 7. Section 400.03 of the penal law is REPEALED.
§ 8. Any funds or portion of funds allocated in the state budget or
otherwise appropriated to any office, agency or department for the
purpose of implementing the provisions of section 400.03 of the penal
law repealed by this act shall be reallocated or appropriated for the
purpose of hiring school resource officers in public schools in the
state.
§ 9. This act shall take effect immediately; provided, however, that
the provisions of section four of this act shall take effect the first
of November next succeeding the date on which it shall have become a
law; and provided, further, that the provisions of section five of this
act shall be deemed to have been in full force and effect on and after
January 15, 2014.
