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

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 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.