S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7763--A
 
                             I N  S E N A T E
 
                             February 14, 2020
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  KAPLAN,  BIAGGI, GOUNARDES, LIU -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Codes  --  reported  favorably  from said committee and
   committed to the Committee on  Rules  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the penal law, in relation to enacting the Jose  Webster
   untraceable firearms act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "Jose
 Webster untraceable firearms act".
   §  2.  Subdivision 8 of section 265.00 of the penal law, as amended by
 chapter 189 of the laws of 2000, is amended to read as follows:
   8. "Gunsmith" means (A) any person, firm, partnership, corporation  or
 company  who engages in the business of repairing, altering, assembling,
 manufacturing,  cleaning,  polishing,  engraving  or  trueing,  or   who
 performs  any mechanical operation on, any firearm, large capacity ammu-
 nition feeding device or machine-gun; OR (B) ANY PERSON  WHO  ASSEMBLES,
 MANUFACTURES,  FABRICATES,  BUILDS, OR FITS TOGETHER THE COMPONENT PARTS
 OF A FIREARM, RIFLE OR SHOTGUN, REGARDLESS OF WHETHER THE FIREARM, RIFLE
 OR SHOTGUN IS INTENDED FOR PERSONAL USE,  COMMERCIAL  SALE  OR  FOR  ANY
 OTHER  PURPOSE.    "GUNSMITH"  SHALL NOT INCLUDE ANY PERSON WHO PERFORMS
 ROUTINE CLEANING OR MAINTENANCE ON A LAWFULLY POSSESSED  FIREARM,  RIFLE
 OR SHOTGUN FOR NON-COMMERCIAL PURPOSES.
   § 3. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 31 to read as follows:
   31. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT DOES NOT COMPLY
 WITH THE PROVISIONS OF SECTION 265.07 OF THIS ARTICLE AND IS NOT SERIAL-
 IZED  IN  ACCORDANCE WITH THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS
 AND LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I) OF SECTION 923  OF
 TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
 ETO,  EXCEPT  FOR ANTIQUE FIREARMS AS DEFINED IN SUBDIVISION FOURTEEN OF
 THIS SECTION, AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SIX OF THE LAWS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15385-06-0

 S. 7763--A                          2
 
 NINETEEN HUNDRED SEVENTY-FOUR, OR ANY FIREARM, RIFLE OR SHOTGUN MANUFAC-
 TURED PRIOR TO NINETEEN HUNDRED SIXTY-EIGHT.
   §  4.  Subdivision  10 of section 265.02 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
 added to read as follows:
   (10)  Such  person  possesses an unloaded firearm and also commits any
 violent felony offense as defined in subdivision one of section 70.02 of
 this chapter as part of the same criminal transaction[.]; OR
   (11) SUCH PERSON IS NOT A GUNSMITH DULY LICENSED PURSUANT  TO  SECTION
 400.00  OF  THIS  CHAPTER AND POSSESSES A GHOST GUN, PROVIDED THAT FOR A
 PERIOD OF SIX MONTHS AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  A
 PERSON  SHALL  NOT  BE  GUILTY OF CRIMINAL POSSESSION OF A WEAPON IN THE
 THIRD DEGREE WHEN SUCH PERSON POSSESSES A GHOST GUN DURING  THE  PROCESS
 OF  PROVIDING  SUCH  GHOST  GUN  TO A GUNSMITH DULY LICENSED PURSUANT TO
 SECTION 400.00 OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUN
 SERIALIZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   § 5. The penal law is amended by adding a new section 265.07  to  read
 as follows:
 § 265.07 REGISTRATION  AND  SERIALIZATION OF FIREARMS, RIFLES, SHOTGUNS,
            FINISHED  FRAMES  OR  RECEIVERS,  AND  UNFINISHED  FRAMES  OR
            RECEIVERS BY GUNSMITHS.
   (1)  FOR  THE PURPOSES OF THIS SECTION, "UNFINISHED FRAME OR RECEIVER"
 MEANS A PIECE OF ANY MATERIAL THAT DOES  NOT  CONSTITUTE  THE  FRAME  OR
 RECEIVER  OF  A  FIREARM,  RIFLE  OR SHOTGUN BUT THAT HAS BEEN SHAPED OR
 FORMED IN ANY WAY FOR THE PURPOSE OF BECOMING THE FRAME OR RECEIVER OF A
 FIREARM, RIFLE OR SHOTGUN, AND WHICH MAY READILY BE MADE  INTO  A  FUNC-
 TIONAL  FRAME OR RECEIVER THROUGH MILLING, DRILLING OR OTHER MEANS.  THE
 TERM SHALL NOT INCLUDE A PIECE OF MATERIAL THAT  HAS  HAD  ITS  SIZE  OR
 EXTERNAL  SHAPE  ALTERED  TO FACILITATE TRANSPORTATION OR STORAGE OR HAS
 HAD ITS CHEMICAL COMPOSITION ALTERED.
   (2) A GUNSMITH SHALL ENGRAVE, CAST, STAMP OR  OTHERWISE  CONSPICUOUSLY
 PLACE  BOTH  A  UNIQUE  SERIAL NUMBER AND HIS OR HER NAME (OR RECOGNIZED
 ABBREVIATION) ON ANY FIREARM, RIFLE, SHOTGUN, FINISHED FRAME OR  RECEIV-
 ER,  OR UNFINISHED FRAME OR RECEIVER THAT HE OR SHE MANUFACTURES, ASSEM-
 BLES OR CAUSES TO BE MANUFACTURED OR ASSEMBLED AFTER THE EFFECTIVE  DATE
 OF  THIS SECTION, REGARDLESS OF THE MANNER OF MANUFACTURING OR ASSEMBLY,
 IN A MANNER THAT  SATISFIES  OR  EXCEEDS  THE  REQUIREMENTS  IMPOSED  ON
 LICENSED IMPORTERS AND LICENSED MANUFACTURERS PURSUANT TO SUBSECTION (I)
 OF  SECTION  923  OF  TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS
 ISSUED PURSUANT THERETO.
   (3) A GUNSMITH SHALL REGISTER WITH THE DIVISION OF  STATE  POLICE  ANY
 FIREARM, RIFLE, SHOTGUN, FINISHED FRAME OR RECEIVER, OR UNFINISHED FRAME
 OR RECEIVER THAT HE OR SHE MANUFACTURES, ASSEMBLES OR CAUSES TO BE MANU-
 FACTURED  OR ASSEMBLED AFTER THE EFFECTIVE DATE OF THIS SECTION, REGARD-
 LESS OF THE MANNER OF MANUFACTURING OR ASSEMBLY, THAT WOULD  NOT  OTHER-
 WISE  BE  SUBJECT  TO THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS AND
 LICENSED MANUFACTURERS PURSUANT TO SUBSECTION  (I)  OF  SECTION  923  OF
 TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
 ETO.
   ANY  GUNSMITH  WHO FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION
 SHALL BE GUILTY OF A CLASS C FELONY.
   § 6. Section 265.10 of the penal law is amended by adding a new subdi-
 vision 8 to read as follows:
   8. ANY PERSON OTHER THAN A GUNSMITH DULY LICENSED PURSUANT TO  SECTION
 400.00  OF  THIS CHAPTER WHO ASSEMBLES, MANUFACTURES, FABRICATES, BUILDS
 OR FITS TOGETHER THE COMPONENT PARTS OF A  FIREARM,  RIFLE  OR  SHOTGUN,

 S. 7763--A                          3
 
 OTHER  THAN  FOR  THE PURPOSES OF PERFORMING ROUTINE CLEANING OR MAINTE-
 NANCE ON A LAWFULLY POSSESSED FIREARM, RIFLE OR SHOTGUN FOR  NON-COMMER-
 CIAL PURPOSES, IS GUILTY OF A CLASS C FELONY.
   §  7.  The  penal  law is amended by adding three new sections 265.60,
 265.61 and 265.62 to read as follows:
 § 265.60 CRIMINAL SALE OF A GHOST GUN IN THE THIRD DEGREE.
   1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  A
 PERSON  IS  GUILTY  OF  CRIMINAL SALE OF A GHOST GUN IN THE THIRD DEGREE
 WHEN SUCH PERSON SELLS, EXCHANGES, GIVES OR DISPOSES OF A GHOST GUN.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 THIRD DEGREE WHEN SUCH PERSON:
   (A) VOLUNTARILY SURRENDERS SUCH GHOST GUN TO ANY LAW ENFORCEMENT OFFI-
 CIAL DESIGNATED PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDI-
 VISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B)  WITHIN  SIX  MONTHS  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION,
 PROVIDES SUCH GHOST GUN TO A GUNSMITH DULY LICENSED PURSUANT TO  SECTION
 400.00 OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUN SERIAL-
 IZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 265.61 CRIMINAL SALE OF A GHOST GUN IN THE SECOND DEGREE.
   1.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, A
 PERSON IS GUILTY OF CRIMINAL SALE OF A GHOST GUN IN  THE  SECOND  DEGREE
 WHEN SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF FIVE OR MORE GHOST GUNS; OR
   (B)  SELLS,  EXCHANGES,  GIVES  OR DISPOSES OF A TOTAL OF FIVE OR MORE
 GHOST GUNS IN A PERIOD OF NOT MORE THAN ONE YEAR.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 SECOND DEGREE WHEN SUCH PERSON:
   (A) VOLUNTARILY SURRENDERS SUCH GHOST  GUNS  TO  ANY  LAW  ENFORCEMENT
 OFFICIAL  DESIGNATED  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
 SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B) WITHIN SIX MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION,
 PROVIDES SUCH GHOST GUNS TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00  OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUNS SERI-
 ALIZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 265.62 CRIMINAL SALE OF A GHOST GUN IN THE FIRST DEGREE.
   1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  A
 PERSON  IS  GUILTY  OF  CRIMINAL SALE OF A GHOST GUN IN THE FIRST DEGREE
 WHEN SUCH PERSON:
   (A) SELLS, EXCHANGES, GIVES OR DISPOSES OF TEN OR MORE GHOST GUNS; OR
   (B) SELLS, EXCHANGES, GIVES OR DISPOSES OF A  TOTAL  OF  TEN  OR  MORE
 GHOST GUNS IN A PERIOD OF NOT MORE THAN ONE YEAR.
   2. A PERSON SHALL NOT BE GUILTY OF CRIMINAL SALE OF A GHOST GUN IN THE
 FIRST DEGREE IF SUCH PERSON:
   (A)  VOLUNTARILY  SURRENDERS  SUCH  GHOST  GUNS TO ANY LAW ENFORCEMENT
 OFFICIAL DESIGNATED PURSUANT TO SUBPARAGRAPH (F)  OF  PARAGRAPH  ONE  OF
 SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE; OR
   (B)  WITHIN  SIX  MONTHS  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION,
 PROVIDES SUCH GHOST GUNS TO A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER FOR THE PURPOSES OF HAVING SUCH GHOST GUNS  SERI-
 ALIZED AND REGISTERED PURSUANT TO SECTION 265.07 OF THIS ARTICLE.
   CRIMINAL SALE OF A GHOST GUN IN THE FIRST DEGREE IS A CLASS B FELONY.
   §  8.  Subdivisions  1,  2, 3, and 12-a of section 400.00 of the penal
 law, subdivision 1 and paragraph (a) of  subdivision  3  as  amended  by
 chapter 1 of the laws of 2013, paragraph (c) of subdivision 1 as amended

 S. 7763--A                          4

 by  chapter  60 of the laws of 2018, subdivision 2 as amended by chapter
 189 of the laws of 2000, paragraph (b) of  subdivision  3  as  added  by
 chapter  778 of the laws of 1985, and subdivision 12-a as added by chap-
 ter 1042 of the laws of 1974, are amended to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section  except  by  the licensing officer, and then only after investi-
 gation and finding that all statements in a  proper  application  for  a
 license  are  true.  No license shall be issued or renewed except for an
 applicant (a) twenty-one years of age or older, provided, however,  that
 where  such  applicant  has  been  honorably  discharged from the United
 States army, navy, marine corps,  air  force  or  coast  guard,  or  the
 national  guard  of the state of New York, no such age restriction shall
 apply; (b) of good moral character;  (c)  who  has  not  been  convicted
 anywhere  of  a felony or a serious offense or who is not the subject of
 an outstanding warrant of arrest issued upon the alleged commission of a
 felony or serious offense; (d) who is not a fugitive from  justice;  (e)
 who  is  not an unlawful user of or addicted to any controlled substance
 as defined in section 21 U.S.C. 802; (f) who being an alien (i)  is  not
 illegally or unlawfully in the United States or (ii) has not been admit-
 ted to the United States under a nonimmigrant visa subject to the excep-
 tion  in  18  U.S.C. 922(y)(2); (g) who has not been discharged from the
 Armed Forces under dishonorable conditions; (h) who, having been a citi-
 zen of the United States, has not renounced his or her citizenship;  (i)
 who  has  stated whether he or she has ever suffered any mental illness;
 (j) who has not been involuntarily committed to  a  facility  under  the
 jurisdiction  of  an office of the department of mental hygiene pursuant
 to article nine or fifteen of the  mental  hygiene  law,  article  seven
 hundred  thirty or section 330.20 of the criminal procedure law, section
 four hundred two or five hundred eight of the  correction  law,  section
 322.2 or 353.4 of the family court act, or has not been civilly confined
 in  a  secure  treatment  facility pursuant to article ten of the mental
 hygiene law; (k) who has not had a license revoked or who is not under a
 suspension or ineligibility order issued pursuant to the  provisions  of
 section  530.14  of  the criminal procedure law or section eight hundred
 forty-two-a of the family court act; (l) in the county  of  Westchester,
 who  has  successfully  completed  a  firearms safety course and test as
 evidenced by a certificate of completion issued in his or her  name  and
 endorsed  and  affirmed under the penalties of perjury by a duly author-
 ized instructor, except that: (i) persons who are  honorably  discharged
 from  the  United  States army, navy, marine corps or coast guard, or of
 the national guard of the state of New York,  and  produce  evidence  of
 official  qualification  in  firearms during the term of service are not
 required to have completed those  hours  of  a  firearms  safety  course
 pertaining  to the safe use, carrying, possession, maintenance and stor-
 age of a firearm; and (ii) persons who were licensed to possess a pistol
 or revolver prior to the  effective  date  of  this  paragraph  are  not
 required  to  have  completed a firearms safety course and test; (m) who
 has not had a  guardian  appointed  for  him  or  her  pursuant  to  any
 provision  of  state  law,  based on a determination that as a result of
 marked subnormal intelligence, mental illness, incapacity, condition  or
 disease,  he  or she lacks the mental capacity to contract or manage his
 or her own affairs; and (n) concerning whom no good cause exists for the
 denial of the license.  No  person  shall  engage  in  the  business  of
 gunsmith  or  dealer  in firearms, NOR ASSEMBLE, MANUFACTURE, FABRICATE,
 BUILD, OR FIT TOGETHER THE COMPONENT PARTS OF A FIREARM, RIFLE, OR SHOT-
 GUN, OTHER THAN FOR THE PURPOSES OF PERFORMING ROUTINE CLEANING OR MAIN-

 S. 7763--A                          5
 
 TENANCE ON A LAWFULLY POSSESSED FIREARM, RIFLE, OR SHOTGUN FOR  NON-COM-
 MERCIAL PURPOSES, unless licensed pursuant to this section. An applicant
 to engage in such business shall also be a citizen of the United States,
 more  than  twenty-one  years of age and maintain a place of business in
 the city or county where the license is issued. For  such  business,  if
 the applicant is a firm or partnership, each member thereof shall comply
 with  all  of  the requirements set forth in this subdivision and if the
 applicant is a corporation, each officer thereof shall so comply.
   2. Types of licenses. A license for gunsmith SHALL BE ISSUED TO ENGAGE
 IN SUCH BUSINESS or TO ASSEMBLE, MANUFACTURE, FABRICATE, BUILD,  OR  FIT
 TOGETHER THE COMPONENT PARTS OF A FIREARM, RIFLE OR SHOTGUN FOR NON-COM-
 MERCIAL  PURPOSES,  AND A LICENSE FOR dealer in firearms shall be issued
 to engage in such business. A license for a pistol  or  revolver,  other
 than  an  assault weapon or a disguised gun, shall be issued to (a) have
 and possess in his dwelling by a householder; (b) have  and  possess  in
 his  place  of business by a merchant or storekeeper; (c) have and carry
 concealed while so employed by a messenger employed by a banking  insti-
 tution  or express company; (d) have and carry concealed by a justice of
 the supreme court in the first or second judicial departments, or  by  a
 judge  of  the  New  York city civil court or the New York city criminal
 court; (e) have and carry concealed  while  so  employed  by  a  regular
 employee of an institution of the state, or of any county, city, town or
 village,  under  control  of a commissioner of correction of the city or
 any warden, superintendent or head keeper of any state prison,  peniten-
 tiary,  workhouse, county jail or other institution for the detention of
 persons convicted or accused of crime or held as witnesses  in  criminal
 cases,  provided that application is made therefor by such commissioner,
 warden, superintendent or head keeper; (f)  have  and  carry  concealed,
 without  regard to employment or place of possession, by any person when
 proper cause exists for the issuance thereof;  and  (g)  have,  possess,
 collect  and carry antique pistols which are defined as follows: (i) any
 single shot, muzzle loading pistol with a matchlock, flintlock,  percus-
 sion  cap,  or similar type of ignition system manufactured in or before
 l898, which is not designed for using rimfire or conventional centerfire
 fixed ammunition; and (ii) any replica of any pistol described in clause
 (i) hereof if such replica--
   (1) is not designed or redesigned for using  rimfire  or  conventional
 centerfire fixed ammunition, or
   (2)  uses rimfire or conventional centerfire fixed ammunition which is
 no longer manufactured in the United States and  which  is  not  readily
 available in the ordinary channels of commercial trade.
   3.  Applications.   (a) Applications shall be made and renewed, in the
 case of a license to carry or possess  a  pistol  or  revolver,  to  the
 licensing  officer  in the city or county, as the case may be, where the
 applicant resides, is principally employed or has his or  her  principal
 place  of  business  as  merchant  or storekeeper; and, in the case of a
 license as gunsmith or dealer in  firearms,  to  the  licensing  officer
 where  such place of business is located, OR FOR A PERSON APPLYING FOR A
 LICENSE AS GUNSMITH IN ORDER TO ASSEMBLE, MANUFACTURE, FABRICATE, BUILD,
 OR FIT TOGETHER THE COMPONENT PARTS OF A FIREARM, RIFLE, OR SHOTGUN  FOR
 NON-COMMERCIAL PURPOSES, TO THE LICENSING OFFICER IN THE CITY OR COUNTY,
 AS  THE CASE MAY BE, WHERE THE PREMISES UPON WHICH THE APPLICANT INTENDS
 TO ENGAGE IN SUCH  ACTIVITIES  IS  LOCATED.  Blank  applications  shall,
 except  in  the  city  of New York, be approved as to form by the super-
 intendent of state police. An application shall  state  the  full  name,
 date  of birth, residence, present occupation of each person or individ-

 S. 7763--A                          6
 
 ual signing the same, whether or not he or  she  is  a  citizen  of  the
 United  States,  whether or not he or she complies with each requirement
 for eligibility specified in subdivision one of this  section  and  such
 other  facts  as  may be required to show the good character, competency
 and integrity of each person or individual signing the  application.  An
 application shall be signed and verified by the applicant. Each individ-
 ual  signing  an  application  shall submit one photograph of himself or
 herself and a duplicate for each required copy of the application.  Such
 photographs shall have been taken within thirty days prior to filing the
 application. In case of a license as gunsmith or dealer in firearms, the
 photographs  submitted  shall  be two inches square, and the application
 shall also state the previous occupation of each individual signing  the
 same  and  the location of the place of such business, IF APPLICABLE, or
 of the bureau, agency, subagency, office or branch office for which  the
 license  is  sought,  specifying  the name of the city, town or village,
 indicating  the  street  and  number  and  otherwise  giving  such   apt
 description  as  to  point  out reasonably the location thereof. In such
 case, if the applicant is a firm, partnership or corporation, its  name,
 date  and  place  of formation, and principal place of business shall be
 stated. For such firm or partnership, the application  shall  be  signed
 and  verified  by  each individual composing or intending to compose the
 same, and for such corporation, by each officer thereof.  IN THE CASE OF
 A PERSON APPLYING FOR A LICENSE AS GUNSMITH IN ORDER TO ASSEMBLE,  MANU-
 FACTURE,  FABRICATE,  BUILD,  OR  FIT  TOGETHER THE COMPONENT PARTS OF A
 FIREARM, RIFLE, OR SHOTGUN FOR NON-COMMERCIAL  PURPOSES,  THE  APPLICANT
 SHALL  STATE  THE LOCATION OF THE PLACE OF THE PREMISES WHERE THE APPLI-
 CANT INTENDS TO ENGAGE IN SUCH ACTIVITIES, SPECIFYING THE  NAME  OF  THE
 CITY,  TOWN  OR  VILLAGE, INDICATING THE STREET AND NUMBER AND OTHERWISE
 GIVING APT DESCRIPTION AS TO POINT OUT REASONABLY THE LOCATION THEREOF.
   (b) Application for an exemption under paragraph seven-b  of  subdivi-
 sion  a  of  section  265.20 of this chapter. Each applicant desiring to
 obtain the exemption set forth in paragraph seven-b of subdivision a  of
 section 265.20 of this chapter shall make such request in writing of the
 licensing  officer  with whom his application for a license is filed, at
 the time of filing such application. Such request shall include a signed
 and verified statement by the person authorized to instruct  and  super-
 vise  the  applicant,  that  has  met with the applicant and that he has
 determined that, in his judgment, said applicant does not appear  to  be
 or  poses  a  threat  to  be, a danger to himself or to others. He shall
 include a copy of his certificate as an instructor in small arms, if  he
 is required to be certified, and state his address and telephone number.
 He  shall  specify  the  exact  location  by name, address and telephone
 number where such instruction will take place.  Such  licensing  officer
 shall,  no  later  than ten business days after such filing, request the
 duly constituted police authorities of the locality where such  applica-
 tion  is  made to investigate and ascertain any previous criminal record
 of the applicant pursuant to subdivision four of  this  section.    Upon
 completion  of this investigation, the police authority shall report the
 results to the licensing officer without unnecessary delay. The  licens-
 ing  officer  shall no later than ten business days after the receipt of
 such investigation, determine  if  the  applicant  has  been  previously
 denied  a  license,  been  convicted of a felony, or been convicted of a
 serious offense, and either approve  or  disapprove  the  applicant  for
 exemption  purposes  based upon such determinations. If the applicant is
 approved for the exemption,  the  licensing  officer  shall  notify  the
 appropriate  duly constituted police authorities and the applicant. Such

 S. 7763--A                          7
 
 exemption shall terminate if the application for the license is  denied,
 or  at  any  earlier  time  based  upon  any information obtained by the
 licensing officer or the  appropriate  police  authorities  which  would
 cause  the  license  to  be denied. The applicant and appropriate police
 authorities shall be notified of any such terminations.
   12-a.  State  police  regulations  applicable  to  licensed  gunsmiths
 engaged  in  the  business  of assembling or manufacturing firearms. The
 superintendent of state police is hereby authorized to issue such  rules
 and  regulations  as  he deems reasonably necessary to prevent the manu-
 facture and assembly of unsafe firearms in the  state.  Such  rules  and
 regulations  shall  establish  safety  standards  in regard to the manu-
 facture and assembly of firearms in the state, including  specifications
 as  to  materials  and  parts  used,  the proper storage and shipment of
 firearms, and minimum standards of quality control.  Regulations  issued
 by  the  state  police  pursuant  to this subdivision shall apply to any
 person licensed as a gunsmith under this section [engaged in  the  busi-
 ness of manufacturing or assembling firearms,] and any violation thereof
 shall subject the licensee to revocation of license pursuant to subdivi-
 sion eleven of this section.
   § 9. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.