S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    856
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  GALLIVAN, AKSHAR, YOUNG -- 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  the  filing  of  approved
   applications  for  licenses  to  carry, possess, repair and dispose of
   firearms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of  section  400.00  of the penal law, as
 amended by chapter 1 of the laws of 2013, is 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) of  this  subdivision,
 the  name  and  address]  THE  APPLICATION  AND  ANY SUPPORTING RECORDS,
 INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person  to  whom  an
 application  for  any  license  has  been  granted shall NOT be a public
 record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
 THE PUBLIC OFFICERS LAW.  Upon application by a licensee who has changed
 his place of residence such records or applications 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 offi-
 cer in the executive department, division of state police, Albany, with-
 in  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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02873-01-9

 S. 856                              2
 
 division with such records. In  the  event  such  clerk,  department  or
 authority lacks such records, the division may request the license hold-
 er  provide  information  sufficient  to constitute such record and such
 license  holder  shall  provide the division with such information. 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  subdivision
 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] ARTICLE  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  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 appli-
 cant to request an exception from his  or  her  application  information
 becoming  public  record  pursuant to paragraph (a) of this subdivision.
 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 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 applicant an opportunity to spec-
 ify 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

 S. 856                              3

 applicant  to request an exception from the information provided on such
 form becoming public record pursuant to paragraph (a) of  this  subdivi-
 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) (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) 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 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, pursuant to para-
 graph (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) If a request for an exception is determined to be  null  and  void
 pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
 request review of such determination pursuant to  article  seventy-eight
 of  the  civil  practice  laws  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.]
   § 2. This act shall take effect the first of November next  succeeding
 the date on which it shall have become a law.