S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7739
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred 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

 A. 7739                             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.