S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5145
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced by M. of A. BENEDETTO, AUBRY, JACKSON, STERN, GRIFFIN -- read
   once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to prohibiting the provision
   of licenses for firearms to persons on  the  federal  no-fly  list  or
   terrorist  screening database; to amend the criminal procedure law, in
   relation to revoking or suspending firearms licenses of persons on the
   federal no-fly list or terrorist screening database; and to amend  the
   executive  law,  in  relation to requiring the superintendent of state
   police to search the federal no-fly list or terrorist screening  data-
   base and report findings to appropriate enforcement agencies
 
   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  "Deny
 Firearms to Dangerous Terrorists Act".
   §  2.  Subdivision 1 of section 400.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
 the laws of 2018, is 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08466-01-1

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 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; AND (O) WHO HAS NOT BEEN LISTED ON THE FEDER-
 AL NO-FLY LIST OR TERRORIST SCREENING DATABASE OPERATED BY  THE  FEDERAL
 BUREAU  OF  INVESTIGATION.    No  person shall engage in the business of
 gunsmith or dealer in firearms 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.
   § 3. Section 530.14 of the criminal procedure law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. REVOCATION OR SUSPENSION OF LICENSE UPON A FINDING THAT THE HOLD-
 ER OF THE FIREARM LICENSE IS A SUSPECTED TERRORIST. WHERE  THE  DIVISION
 OF  STATE  POLICE  FINDS THAT A HOLDER OF A FIREARM LICENSE IS LISTED ON
 THE FEDERAL NO-FLY LIST OR TERRORIST SCREENING DATABASE OPERATED BY  THE
 FEDERAL  BUREAU  OF  INVESTIGATION,  THE  DIVISION OF STATE POLICE SHALL
 IMMEDIATELY REVOKE THE HOLDER'S LICENSE.  THE INDIVIDUAL SHALL BE  NOTI-
 FIED IN WRITING WITHIN THIRTY DAYS OF THE REVOCATION.
   §  4.  Section  223  of  the  executive law is amended by adding a new
 subdivision 3 to read as follows:

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   3. THE SUPERINTENDENT SHALL SEARCH THE FEDERAL NO-FLY LIST OR  TERROR-
 IST SCREENING DATABASE AT LEAST ONCE EACH YEAR AND UPON A FINDING THAT A
 FIREARM LICENSE HOLDER IS ON SUCH A LIST, THE SUPERINTENDENT SHALL IMME-
 DIATELY NOTIFY ALL APPROPRIATE LAW ENFORCEMENT AGENCIES AND SHALL DIRECT
 THE  STATE  POLICE  TO  REMOVE ANY AND ALL SUCH FIREARMS UNTIL SUCH TIME
 THAT THE INDIVIDUAL IS NO LONGER ON THE FEDERAL NO-FLY LIST OR TERRORIST
 SCREENING DATABASE.
   § 5. Section 223 of the executive law, as amended by  section  3-b  of
 part  MM  of  chapter  54  of  the  laws  of 2016, is amended to read as
 follows:
   § 223. Duties and powers of the superintendent of state police and  of
 members  of the state police. 1. It shall be the duty of the superinten-
 dent of the state police and of members of the state police  to  prevent
 and  detect crime and apprehend criminals. They shall also be subject to
 the call of the governor and are empowered to co-operate with any  other
 department  of  the  state  or  with  local authorities. They shall also
 collect and analyze information relating to prevention and detection  of
 terrorist  threats  and  terrorist  activities  throughout the state and
 share all such information subject to paragraph (g) of  subdivision  two
 of  section  seven  hundred  nine  of this chapter among the division of
 homeland security and emergency services and local, state,  and  federal
 law  enforcement  agencies  to  ensure  the  coordination of appropriate
 intelligence to assist in the early identification of  and  response  to
 potential  terrorist  threats  and terrorist activities. They shall have
 power to arrest, without a warrant, any person committing or  attempting
 to  commit  within their presence or view a breach of the peace or other
 violation of law, to serve and execute  warrants  of  arrest  or  search
 issued  by  proper  authority and to exercise all other powers of police
 officers of the state of New York.  Any  such  warrants  issued  by  any
 magistrate of the state may be executed by them in any part of the state
 according  to  the  tenor thereof without [indorsement] ENDORSEMENT. But
 they shall not exercise their powers within the limits of  any  city  to
 suppress  rioting  and  disorder  except by direction of the governor or
 upon the request of the mayor of the  city  with  the  approval  of  the
 governor.  Any member of the rank of sergeant or above may take pre-arr-
 aignment bail from any defendant in the amounts and  under  the  circum-
 stances and conditions that police may take bail.
   2.  THE SUPERINTENDENT SHALL SEARCH THE FEDERAL NO-FLY LIST OR TERROR-
 IST SCREENING DATABASE AT LEAST ONCE EACH YEAR AND UPON A FINDING THAT A
 FIREARM LICENSE HOLDER IS ON SUCH A LIST, THE SUPERINTENDENT SHALL IMME-
 DIATELY NOTIFY ALL APPROPRIATE LAW ENFORCEMENT AGENCIES AND SHALL DIRECT
 THE STATE POLICE TO REMOVE ANY AND ALL SUCH  FIREARMS  UNTIL  SUCH  TIME
 THAT THE INDIVIDUAL IS NO LONGER ON THE FEDERAL NO-FLY LIST OR TERRORIST
 SCREENING DATABASE.
   § 6. The superintendent of state police and the commissioner of crimi-
 nal  justice services shall promulgate any regulations necessary for the
 provisions of this act to take effect.
   § 7. This act shall take effect  immediately;  provided  however,  the
 provisions of this act shall not take effect until the superintendent of
 state  police receives approval to access the information on the federal
 no-fly list or terrorist screening database from  the  relevant  federal
 agencies;  provided  further  that  the amendments to section 223 of the
 executive law made by section four of this act shall be subject  to  the
 expiration  and reversion of such section pursuant to section 3 of chap-
 ter 428 of the laws of  1999,  as  amended,  when  upon  such  date  the
 provisions  of section five of this act shall take effect; provided that

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 the superintendent of state police shall  notify  the  legislative  bill
 drafting  commission  upon the occurrence of the enactment of the legis-
 lation provided for in this act in order that the commission  may  main-
 tain  an  accurate and timely effective database of the official text of
 the laws of the state of New York in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.