S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2176
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. SIMON -- Multi-Sponsored by -- M. of A. CRUZ,
   DINOWITZ, FERNANDEZ, GLICK,  GOTTFRIED,  GRIFFIN,  McDONOUGH,  SAYEGH,
   WILLIAMS -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to security requirements for
   gunsmiths and dealers in firearms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 400.00 of the penal law is amended by adding a new
 subdivision 12-d to read as follows:
   12-D. SECURITY REQUIREMENTS FOR GUNSMITHS AND DEALERS IN FIREARMS. ANY
 PERSON LICENSED AS A GUNSMITH OR DEALER IN FIREARMS  SHALL  IMPLEMENT  A
 SECURITY  PLAN  FOR  SECURING  FIREARMS,  RIFLES AND SHOTGUNS, INCLUDING
 FIREARMS, RIFLES AND SHOTGUNS TRANSPORTED IN  INTERSTATE  COMMERCE,  AND
 SHALL  AT ALL TIMES COMPLY THEREWITH. THE PLAN MUST SATISFY AT LEAST THE
 FOLLOWING REQUIREMENTS: (A) ALL DISPLAY CASES SHALL  BE  LOCKED  AT  ALL
 TIMES  EXCEPT WHEN REMOVING A SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A
 CUSTOMER, AND CUSTOMERS SHALL HANDLE FIREARMS, RIFLES OR SHOTGUNS  UNDER
 THE  DIRECT  SUPERVISION  OF  AN  EMPLOYEE; (B) ALL FIREARMS, RIFLES AND
 SHOTGUNS SHALL BE SECURED IN A LOCKED FIREPROOF SAFE  OR  VAULT  IN  THE
 LICENSED PREMISES OR IN A SIMILAR SECURED AND LOCKED AREA; AND (C) AMMU-
 NITION  SHALL BE STORED AND SECURED SEPARATELY FROM THE FIREARMS, RIFLES
 AND SHOTGUNS, AND OUT OF REACH OF THE CUSTOMERS.
   § 2. Paragraph (a) of subdivision 11 of section 400.00 the penal  law,
 as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
 follows:
   (a) The conviction of a licensee  anywhere  of  a  felony  or  serious
 offense  or  a  licensee  at  any  time  becoming ineligible to obtain a
 license under this section shall operate as a revocation of the license.
 A license may be revoked or suspended as provided for in section  530.14
 of  the  criminal  procedure law or section eight hundred forty-two-a of
 the family court act. Except for a license issued  pursuant  to  section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01134-01-1

 A. 2176                             2
 
 400.01  of  this  article, a license may be revoked and cancelled at any
 time in the city of New York, and in the counties of Nassau and Suffolk,
 by the licensing officer, and elsewhere than in the city of New York  by
 any  judge or justice of a court of record; a license issued pursuant to
 section 400.01 of this article may be revoked and cancelled at any  time
 by  the  licensing officer or any judge or justice of a court of record.
 A LICENSE TO CONDUCT BUSINESS AS A DEALER OR RETAIL DEALER OF  FIREARMS,
 RIFLES,  OR SHOTGUNS ISSUED PURSUANT TO THIS SECTION SHALL BE REVOKED OR
 SUSPENDED FOR ANY VIOLATION OF SUBDIVISION TWELVE-D OF THIS SECTION. The
 official revoking a license shall give written  notice  thereof  without
 unnecessary delay to the executive department, division of state police,
 Albany,  and  shall  also notify immediately the duly constituted police
 authorities of the locality.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.