S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5180
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. DiPIETRO, NORRIS, KOLB -- Multi-Sponsored by --
   M. of A. WALSH -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the recertification  proc-
   ess for licenses for firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 5 and 10 of section 400.00 of the  penal  law,
 as  amended  by  chapter  1  of the laws of 2013, are 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)] (E) of this  subdivi-
 sion,  the name and address of any person to whom an application for any
 license has been granted shall be a public record. Upon application by a
 licensee who has changed his place of residence such records or applica-
 tions 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 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,
 department or authority lacks such records, the division may request the
 license holder provide information sufficient to constitute such  record
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02716-01-9

 A. 5180                             2
 
 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 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  ONE 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
 applicant  to  request an exception from his or her application informa-
 tion becoming public record pursuant to paragraph (a) of  this  subdivi-
 sion.  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 ONE 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
 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-

 A. 5180                             3

 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)] (D) (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)]  (E)  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 ONE 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, pursu-
 ant to paragraph (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)] (F) If a request for an exception is determined to be  null  and
 void  pursuant  to paragraph (b) [or (c)] of this subdivision, an appli-
 cant may request review of such determination pursuant to article seven-
 ty-eight of the civil practice [laws] LAW  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.
   10.  License: expiration, certification and renewal. [(a)] Any license
 for gunsmith or dealer in firearms and, in the city  of  New  York,  any
 license  to  carry  or  possess a pistol or revolver, issued at any time
 pursuant to this section or prior to the first  day  of  July,  nineteen
 hundred  sixty-three  and not limited to expire on an earlier date fixed
 in the license, shall expire not more than three years after the date of

 A. 5180                             4
 
 issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
 license  to  carry  or  possess a pistol or revolver, issued at any time
 pursuant to this section or prior to the first  day  of  July,  nineteen
 hundred  sixty-three  and not limited to expire on an earlier date fixed
 in the license, shall expire not more than five years after the date  of
 issuance;  however, in the county of Westchester, any such license shall
 be certified prior to the first day of April, two thousand,  in  accord-
 ance  with  a schedule to be contained in regulations promulgated by the
 commissioner of the division of criminal  justice  services,  and  every
 such  license  shall  be  recertified  every  five years thereafter. For
 purposes of this section certification  shall  mean  that  the  licensee
 shall  provide  to the licensing officer the following information only:
 current name, date of birth, current address, and the make, model, cali-
 ber and serial number of all firearms currently possessed. Such  certif-
 ication  information shall be filed by the licensing officer in the same
 manner as an amendment. Elsewhere than in the city of New York  and  the
 counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
 possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
 section  or prior to the first day of July, nineteen hundred sixty-three
 and not previously revoked or cancelled, shall be in  force  and  effect
 until  revoked  as herein provided. Any license not previously cancelled
 or revoked shall remain in full force and effect for thirty days  beyond
 the  stated  expiration date on such license. Any application to renew a
 license that has not previously expired, been revoked or cancelled shall
 thereby extend the term of the license until disposition of the applica-
 tion by the licensing officer. In the case of a license for gunsmith  or
 dealer  in  firearms,  in  counties having a population of less than two
 hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
 submitted  on  original applications and upon renewal thereafter only at
 six year intervals. Upon  satisfactory  proof  that  a  currently  valid
 original  license has been despoiled, lost or otherwise removed from the
 possession of the licensee and upon application containing an additional
 photograph of the licensee, the licensing officer shall issue  a  dupli-
 cate license.
   [(b)  All  licensees  shall  be  recertified  to the division of state
 police every five years thereafter. Any license issued before the effec-
 tive date of the chapter of the laws  of  two  thousand  thirteen  which
 added  this  paragraph shall be recertified by the licensee on or before
 January thirty-first, two thousand eighteen, and not less than one  year
 prior  to such date, the state police shall send a notice to all license
 holders who have not recertified  by  such  time.  Such  recertification
 shall  be  in  a form as approved by the superintendent of state police,
 which shall request the license holder's name, date  of  birth,  gender,
 race, residential address, social security number, firearms possessed by
 such  license  holder, email address at the option of the license holder
 and an affirmation that such  license  holder  is  not  prohibited  from
 possessing  firearms. The form may be in an electronic form if so desig-
 nated by the superintendent of state police. Failure to recertify  shall
 act  as  a  revocation  of  such  license.  If the New York state police
 discover as a result of the  recertification  process  that  a  licensee
 failed  to  provide a change of address, the New York state police shall
 not require the licensing officer to revoke such license.]
   § 2. This act shall take effect immediately.