S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3993
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 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 extending the deadline for
   recertification of licenses to carry or possess a pistol or revolver
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  10  of  section  400.00 of the penal law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02964-02-9

 S. 3993                             2
 
 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 effective
 date of the chapter of the laws of two  thousand  thirteen  which  added
 this  paragraph shall be recertified by the licensee on or before [Janu-
 ary thirty-first, two thousand eighteen] JULY THIRTY-FIRST, TWO THOUSAND
 TWENTY, 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 elec-
 tronic form if so designated 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  proc-
 ess  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 and shall be deemed to
 have been in full force and effect on and after January 31, 2018.