S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2073
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by Sens. JORDAN, GALLIVAN -- 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, subparagraph  (iii)  of  para-
 graph  (e)  as amended by chapter 244 of the laws of 2019, 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  OR  HER  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 officer  in  the  executive  department,  division  of  [state
 police]  CRIMINAL  JUSTICE SERVICES, Albany, within ten days after issu-
 ance of the license. The [superintendent] COMMISSIONER of [state police]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01441-01-1

 S. 2073                             2
 
 CRIMINAL JUSTICE SERVICES may designate that such application  shall  be
 transmitted  to the division of [state police] CRIMINAL JUSTICE SERVICES
 electronically. In the event the [superintendent]  COMMISSIONER  of  the
 division  of [state police] CRIMINAL JUSTICE SERVICES 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 division with such records. In the event such clerk, depart-
 ment  or  authority  lacks  such  records,  the division may request the
 license holder provide information sufficient to constitute such  record
 and  such  license  holder shall provide the division with such informa-
 tion. 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 subdivi-
 sion 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  EXCEPT
 THAT  THE  TOTAL NUMBER OF PERSONS REGISTERED IN ANY COUNTY OF THE STATE
 MAY BE DISCLOSED WITHOUT  ANY  OTHER  IDENTIFYING  INFORMATION  ABOUT  A
 REGISTRANT.
   [(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

 S. 2073                             3

   (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
 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. Notwithstanding the foregoing provisions of this subparagraph,
 local and state law enforcement shall, upon request, be  granted  access
 to  and copies of such application information provided that such infor-
 mation obtained by law enforcement pursuant to this  subparagraph  shall
 not be considered a public record of such law enforcement agency.
   (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

 S. 2073                             4

 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.