S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3538
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced  by M. of A. HAWLEY, B. MILLER, DiPIETRO, J. M. GIGLIO, MORI-
   NELLO, DeSTEFANO, FRIEND, SMULLEN,  ASHBY,  SALKA  --  read  once  and
   referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to licenses to carry and
   possess firearms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  400.00  of the penal law, as
 amended by chapter 189 of the laws  of  2000,  is  amended  to  read  as
 follows:
   2.  Types  of  licenses.  A license for gunsmith or 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  institution  or  express  company;  (d)  have  and  carry
 concealed by a justice of the supreme court in the first or second judi-
 cial  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, penitentiary, workhouse, county jail or other institu-
 tion  for the detention of persons convicted or accused of crime or held
 as witnesses in criminal cases, provided that application is made there-
 for 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

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

                                                            LBD02075-01-1

 A. 3538                             2

 a  matchlock,  flintlock,  percussion  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 repli-
 ca 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].
   § 2. Paragraph (a) of subdivision 3 of section  400.00  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (a) Applications shall be made and renewed, in the case of  a  license
 to carry [or] AND 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 busi-
 ness is located. Blank applications shall, except in  the  city  of  New
 York,  be  approved as to form by the superintendent of state police. An
 application shall state the full name, date of birth, residence, present
 occupation of each person or individual 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 individual 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,  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.
   § 3. Subdivision 6 of section 400.00 of the penal law, as  amended  by
 chapter 104 of the laws of 2019, is amended to read as follows:
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance.    No  license shall be transferable to any other person or prem-
 ises. A license to carry [or] AND possess a  pistol  or  revolver[,  not
 otherwise limited as to place or time of possession,] shall be effective
 throughout the state, except that the same shall not be valid within the
 city  of New York unless a special permit granting validity is issued by
 the police commissioner of that city. Such license  to  carry  [or]  AND
 possess  shall  be valid within the city of New York in the absence of a
 permit issued by the police commissioner of that city, provided that (a)
 the firearms covered by such license have been purchased from a licensed

 A. 3538                             3
 
 dealer within the city of New York and are being transported out of said
 city forthwith and immediately from said dealer by  the  licensee  in  a
 locked container during a continuous and uninterrupted trip; or provided
 that  (b)  the firearms covered by such license are being transported by
 the licensee in a locked container and the trip through the city of  New
 York  is continuous and uninterrupted; or provided that (c) the firearms
 covered by such license are  carried  by  armored  car  security  guards
 transporting  money  or  other valuables, in, to, or from motor vehicles
 commonly known as armored cars, during the course of  their  employment;
 or  provided that (d) the licensee is a retired police officer as police
 officer is defined pursuant to subdivision thirty-four of  section  1.20
 of the criminal procedure law or a retired federal law enforcement offi-
 cer,  as  defined in section 2.15 of the criminal procedure law, who has
 been issued a license by an authorized licensing officer as  defined  in
 subdivision  ten  of  section 265.00 of this chapter; provided, further,
 however, that if such license was not issued in the city of New York  it
 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
 ment Officer", as the case may be, and, in the case of a retired officer
 the  license  shall  be  deemed  to  permit  only  police or federal law
 enforcement regulations weapons; or provided that (e) the licensee is  a
 peace officer described in subdivision four of section 2.10 of the crim-
 inal  procedure law and the license, if issued by other than the city of
 New York, is marked "New York State Tax Department Peace Officer" and in
 such case the exemption shall apply only to the firearm issued  to  such
 licensee  by  the  department  of  taxation  and  finance.  A license as
 gunsmith or dealer in firearms shall not be valid outside  the  city  or
 county, as the case may be, where issued. Notwithstanding any inconsist-
 ent  provision of state or local law or rule or regulation, the premises
 limitation set forth in any license to have  and  possess  a  pistol  or
 revolver  in  the  licensee's  dwelling or place of business pursuant to
 paragraph (a) or (b) of  subdivision  two  of  this  section  shall  not
 prevent the transport of such pistol or revolver directly to or from (i)
 another dwelling or place of business of the licensee where the licensee
 is  authorized  to  have  and  possess  such pistol or revolver, (ii) an
 indoor or outdoor shooting range that is authorized by law to operate as
 such, (iii) a shooting competition at which  the  licensee  may  possess
 such  pistol or revolver consistent with the provisions of subdivision a
 of section 265.20 of this chapter or consistent with the law  applicable
 at  the  place of such competition, or (iv) any other location where the
 licensee is lawfully authorized to  have  and  possess  such  pistol  or
 revolver;  provided  however,  that  during  such transport to or from a
 location specified in clauses (i) through (iv) of  this  paragraph,  the
 pistol  or revolver shall be unloaded and carried in a locked container,
 and the  ammunition  therefor  shall  be  carried  separately;  provided
 further,  however, that a license to have and possess a pistol or revol-
 ver in the licensee's dwelling or place of business  pursuant  to  para-
 graph  (a) or (b) of subdivision two of this section that is issued by a
 licensing officer other than the police commissioner of the city of  New
 York shall not authorize transport of a pistol or revolver into the city
 of  New  York  in  the  absence of written authorization to do so by the
 police commissioner of that city. The term "locked container" shall  not
 include the glove compartment or console of a vehicle.
   §  4.  Subdivision  7 of section 400.00 of the penal law is amended to
 read as follows:
   7. License: form. Any license issued pursuant to this  section  shall,
 except  in  the  city  of New York, be approved as to form by the super-

 A. 3538                             4
 
 intendent of state police. A license to carry [or] AND possess a  pistol
 or  revolver shall have attached the licensee's photograph, and a coupon
 which shall be removed and retained by any person disposing of a firearm
 to  the licensee. Such license shall specify the weapon covered by cali-
 bre, make, model, manufacturer's name and serial number, or if none,  by
 any other distinguishing number or identification mark[, and shall indi-
 cate  whether  issued to carry on the person or possess on the premises,
 and if on the premises shall also specify the place where  the  licensee
 shall  possess the same]. If such license is issued to an alien, or to a
 person not a citizen of and usually a resident in the state, the licens-
 ing officer shall state in the license the  particular  reason  for  the
 issuance  and  the names of the persons certifying to the good character
 of the applicant. Any license as gunsmith or dealer  in  firearms  shall
 mention  and  describe  the premises for which it is issued and shall be
 valid only for such premises.
   § 5. Subdivision 9 of section 400.00 of the penal law, as  amended  by
 chapter 1 of the laws of 2013, is amended to read as follows:
   9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
 person licensed to carry [or] AND possess a pistol or revolver may apply
 at any time to his or her licensing officer for amendment of his or  her
 license  to  include  one or more such weapons or to cancel weapons held
 under license. If granted, a record  of  the  amendment  describing  the
 weapons  involved  shall be filed by the licensing officer in the execu-
 tive department, division of state police, Albany. The superintendent of
 state police may authorize that such amendment be completed  and  trans-
 mitted  to  the  state  police in electronic form.   Notification of any
 change of residence shall be made in writing by any licensee within  ten
 days  after  such  change  occurs,  and a record of such change shall be
 inscribed by such licensee on the reverse side of his  or  her  license.
 Elsewhere  than  in  the city of New York, and in the counties of Nassau
 and Suffolk, such notification shall be made to  the  executive  depart-
 ment,  division  of state police, Albany, and in the city of New York to
 the police commissioner of that city, and in the county of Nassau to the
 police commissioner of that county, and in the county of Suffolk to  the
 licensing  officer of that county, who shall, within ten days after such
 notification shall be received by him or her, give notice in writing  of
 such  change  to  the executive department, division of state police, at
 Albany.
   § 6. Paragraph (a) of 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:
   (a) Any license for gunsmith or dealer in firearms and, in the city of
 New York, any license to carry [or] AND 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] AND 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 accordance 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

 A. 3538                             5
 
 thereafter.  For  purposes of this section certification shall mean that
 the licensee shall provide to the licensing officer the following infor-
 mation only:   current name, date of birth,  current  address,  and  the
 make,  model,  caliber  and  serial  number  of  all  firearms currently
 possessed. Such certification information shall be filed by the  licens-
 ing  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] AND 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 application 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 satisfac-
 tory 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 duplicate license.
   §  7. Subdivision 12 of section 400.00 of the penal law, as amended by
 chapter 129 of the laws of 2019, is amended to read as follows:
   12. Records required of gunsmiths and dealers in firearms. Any  person
 licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
 approved as to form, except in the city of New York, by the  superinten-
 dent of state police. In the record book shall be entered at the time of
 every  transaction  involving  a firearm the date, name, age, occupation
 and residence of any person from whom a firearm is received or to whom a
 firearm is delivered, and the calibre, make, model, manufacturer's  name
 and  serial number, or if none, any other distinguishing number or iden-
 tification mark on such firearm. Before  delivering  a  firearm  to  any
 person, the licensee shall require him to produce either a license valid
 under  this  section  to  carry  [or]  AND possess the same, or proof of
 lawful authority as an exempt person pursuant to section 265.20 of  this
 chapter  and  either  (a) the National Instant Criminal Background Check
 System (NICS) or its successor has issued a "proceed"  response  to  the
 licensee,  or  (b)  thirty calendar days have elapsed since the date the
 licensee contacted NICS to initiate a national  instant  criminal  back-
 ground check and NICS has not notified the licensee that the transfer of
 the  firearm to such person should be denied. In addition, before deliv-
 ering a firearm to a peace  officer,  the  licensee  shall  verify  that
 person's  status  as  a peace officer with the division of state police.
 After completing the foregoing, the licensee shall remove and retain the
 attached coupon and enter in the record book the date of  such  license,
 number,  if  any,  and name of the licensing officer, in the case of the
 holder of a license to carry [or] AND possess, or the  shield  or  other
 number,  if  any, assignment and department, unit or agency, in the case
 of an exempt person. The original transaction report shall be  forwarded
 to  the division of state police within ten days of delivering a firearm
 to any person, and a duplicate copy shall be kept by the  licensee.  The
 superintendent  of  state police may designate that such record shall be
 completed and transmitted in electronic form. A dealer may be granted  a

 A. 3538                             6
 
 waiver  from  transmitting such records in electronic form if the super-
 intendent determines that such dealer is incapable of such  transmission
 due  to  technological  limitations  that  are not reasonably within the
 control  of  the dealer, or other exceptional circumstances demonstrated
 by the dealer, pursuant to a process established in regulation,  and  at
 the  discretion  of the superintendent.   Records assembled or collected
 for purposes of inclusion in the database created  pursuant  to  section
 400.02  of  this  article shall not be subject to disclosure pursuant to
 article six of the public officers law. The record book shall  be  main-
 tained  on the premises mentioned and described in the license and shall
 be open at all reasonable hours for inspection  by  any  peace  officer,
 acting  pursuant  to his special duties, or police officer. In the event
 of cancellation or revocation of the license for gunsmith or  dealer  in
 firearms,  or discontinuance of business by a licensee, such record book
 shall be immediately surrendered to the licensing officer in the city of
 New York, and in the counties of Nassau and Suffolk,  and  elsewhere  in
 the state to the executive department, division of state police.
   §  8. Subdivision 14 of section 400.00 of the penal law, as amended by
 chapter 195 of the laws of 2005, is amended to read as follows:
   14. Fees. In the city of New York and the county of Nassau, the annual
 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
 for dealers in firearms. In such city, the city council and in the coun-
 ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
 for a license to carry [or] AND possess a pistol or revolver and provide
 for  the disposition of such fees. Elsewhere in the state, the licensing
 officer shall collect and pay into the  county  treasury  the  following
 fees:  for  each license to carry [or] AND possess a pistol or revolver,
 not less than three dollars nor more than ten dollars as may  be  deter-
 mined by the legislative body of the county; for each amendment thereto,
 three  dollars,  and five dollars in the county of Suffolk; and for each
 license issued to a gunsmith or dealer in firearms, ten dollars. The fee
 for a duplicate license shall be five dollars. The fee for processing  a
 license  transfer  between  counties  shall be five dollars. The fee for
 processing a license or renewal thereof for a qualified  retired  police
 officer  as defined under subdivision thirty-four of section 1.20 of the
 criminal procedure law, or a qualified retired sheriff, undersheriff, or
 deputy sheriff of the city of New York as defined under subdivision  two
 of  section  2.10  of the criminal procedure law, or a qualified retired
 bridge and tunnel officer, sergeant  or  lieutenant  of  the  triborough
 bridge  and  tunnel  authority  as  defined  under subdivision twenty of
 section 2.10 of the criminal  procedure  law,  or  a  qualified  retired
 uniformed  court  officer  in  the  unified court system, or a qualified
 retired court clerk in the unified court system in the first and  second
 judicial  departments,  as  defined in paragraphs a and b of subdivision
 twenty-one of section 2.10 of the criminal procedure law  or  a  retired
 correction officer as defined in subdivision twenty-five of section 2.10
 of the criminal procedure law shall be waived in all counties throughout
 the state.
   §  9.  This  act  shall take effect immediately and shall apply to all
 licenses held and issued on and after such date.