The New York State Senate

                    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.