Senate Bill S3636

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3636
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the family  court  act,  the
   domestic  relations  law, the general business law, the judiciary law,
   the mental hygiene law, the penal law and the surrogate's court proce-
   dure  act,  in  relation  to  limiting  the  application  of   certain
   provisions  of  law  relating  to  firearms  to the counties of Kings,
   Queens, Richmond, New York and Bronx; and to repeal section 400.02  of
   the penal law relating to the statewide license and record database
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 330.20 of the criminal procedure
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
   2-a.  Firearm,  rifle  or shotgun surrender order IN CERTAIN COUNTIES.
 [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK  AND  BRONX,
 UPON  entry  of a verdict of not responsible by reason of mental disease
 or defect, or upon the acceptance of a plea of not responsible by reason
 of mental disease or defect, or upon a finding that the defendant is  an
 incapacitated  person  pursuant  to article seven hundred thirty of this
 chapter, the court shall revoke the defendant's firearm license, if any,
 inquire of the defendant  as  to  the  existence  and  location  of  any
 firearm,  rifle  or  shotgun  owned  or  possessed by such defendant and
 direct the surrender of such  firearm,  rifle  or  shotgun  pursuant  to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision six of section 400.05 of the penal law.
   § 2. Section 380.96 of the criminal procedure law, as added by chapter
 1 of the laws of 2013, is amended to read as follows:
 § 380.96 Obligation  of sentencing court IN CERTAIN COUNTIES pursuant to
            article four hundred of the penal law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01549-02-1
              

 S. 3636                             2
 
   [Upon] IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
 UPON judgment of conviction of  any  offense  which  would  require  the
 seizure of firearms, shotguns or rifles from an individual so convicted,
 and  the  revocation  of  any license or registration issued pursuant to
 article  four  hundred  of the penal law, the judge pronouncing sentence
 shall demand surrender of any  such  license  or  registration  and  all
 firearms,  shotguns and rifles. The failure to so demand surrender shall
 not effect the validity of  any  revocation  pursuant  to  article  four
 hundred of the penal law.
   § 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
 as  amended by chapter 60 of the laws of 2018, paragraphs (a) and (b) of
 subdivision 1 as amended and paragraph (c) as added by section 8 of part
 M, paragraphs (a) and (b) of subdivision 2 as amended and paragraph  (c)
 as  added by section 9 of part M, and paragraphs (a) and (b) of subdivi-
 sion 3 as amended and paragraph (c) as added by section 10 of part M  of
 chapter 55 of the laws of 2020, are amended to read as follows:
   1.  [Suspension]  MANDATORY  AND  PERMISSIVE  SUSPENSION  of  firearms
 license and ineligibility for such a license  upon  the  issuance  of  a
 temporary  order of protection. Whenever a temporary order of protection
 is issued pursuant to section eight hundred twenty-eight of  this  arti-
 cle,  or IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,
 pursuant to article four, five, six, seven or ten of this act:
   (a) the court shall suspend any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
 owned  or  possessed where the court receives information that gives the
 court good cause to  believe  that:  (i)  the  respondent  has  a  prior
 conviction  of any violent felony offense as defined in section 70.02 of
 the penal law; (ii) the respondent has previously  been  found  to  have
 willfully  failed  to  obey a prior order of protection and such willful
 failure involved (A) the infliction of physical injury,  as  defined  in
 subdivision  nine  of  section  10.00  of  the penal law, (B) the use or
 threatened use of a deadly weapon or dangerous instrument as those terms
 are defined in subdivisions twelve and thirteen of section 10.00 of  the
 penal  law,  or  (C) behavior constituting any violent felony offense as
 defined in section 70.02 of the penal law; or (iii) the respondent has a
 prior conviction for stalking in the first degree as defined in  section
 120.60  of  the  penal  law, stalking in the second degree as defined in
 section 120.55 of the penal law, stalking in the third degree as defined
 in section 120.50 of the penal law or stalking in the fourth  degree  as
 defined in section 120.45 of such law;
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully against the person or persons for whose protection  the  temporary
 order  of  protection  is  issued,  suspend  any  such  existing license
 possessed by the respondent, order the respondent ineligible for such  a
 license, and order the immediate surrender [pursuant to subparagraph (f)
 of  paragraph one of subdivision a of section 265.20 and subdivision six
 of section 400.05 of the penal law,] of any or all firearms, rifles  and
 shotguns owned or possessed; and
   (c)  the  court may where the defendant willfully refuses to surrender
 such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
 this  subdivision,  or  for  other good cause shown, order the immediate

 S. 3636                             3
 
 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
 to an order issued in accordance with article six hundred ninety of  the
 criminal procedure law, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   2.  [Revocation]  MANDATORY AND PERMISSIVE REVOCATION or suspension of
 firearms license and ineligibility for such a license upon the  issuance
 of  an  order  of  protection. Whenever an order of protection is issued
 pursuant to section eight hundred forty-one of  this  part,  or  IN  THE
 COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, pursuant to arti-
 cle four, five, six, seven or ten of this act:
   (a) the court shall revoke any such existing license possessed by  the
 respondent,  order  the  respondent  ineligible  for such a license, and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed where the court finds that the conduct which resulted
 in the issuance of the order of protection involved (i)  the  infliction
 of  SERIOUS  physical  injury,  as  defined in subdivision [nine] TEN of
 section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
 deadly  weapon  or  dangerous  instrument  as those terms are defined in
 subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
 (iii)  behavior  constituting  any  violent felony offense as defined in
 section 70.02 of the penal law;
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall, where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully against the person or persons for whose protection  the  order  of
 protection  is issued, (i) revoke any such existing license possessed by
 the respondent, order the respondent ineligible for such a  license  and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
 owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
 existing license possessed by the respondent, order the respondent inel-
 igible for such a license, and order the immediate surrender pursuant to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision six of section 400.05 of  the  penal  law,  of  any  or  all
 firearms, rifles and shotguns owned or possessed; and
   (c)  the  court may where the defendant willfully refuses to surrender
 such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
 this  subdivision,  or  for  other good cause shown, order the immediate
 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
 to an order issued in accordance with article six hundred ninety of  the
 criminal procedure law, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   3.  [Revocation]  MANDATORY AND PERMISSIVE REVOCATION or suspension of
 firearms license and ineligibility for such a license upon a finding  of
 a  willful  failure  to obey an order of protection or, IN THE COUNTY OF
 KINGS,  QUEENS,  RICHMOND,  NEW  YORK  OR  BRONX,  temporary  order   of
 protection.  Whenever  a  respondent has been found, pursuant to section
 eight hundred forty-six-a of this part to have willfully failed to  obey
 an order of protection or temporary order of protection issued [pursuant
 to  this  act  or  the domestic relations law, or] by this court or by a
 court of competent jurisdiction in another state, territorial or  tribal

 S. 3636                             4
 
 jurisdiction,  in  addition  to any other remedies available pursuant to
 section eight hundred forty-six-a of this part:
   (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order the immediate surrender[ pursuant to subparagraph (f) of paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law,] of any or all firearms,  rifles  and  shotguns
 owned or possessed where the willful failure to obey such order involves
 (i) the infliction of SERIOUS physical injury, as defined in subdivision
 [nine] TEN of section 10.00 of the penal law, (ii) the use or threatened
 use  of  a  deadly  weapon  or  dangerous  instrument as those terms are
 defined in subdivisions twelve and thirteen  of  section  10.00  of  the
 penal  law, or (iii) behavior constituting any violent felony offense as
 defined in section 70.02 of the penal law; or (iv) behavior constituting
 stalking in the first degree as defined in section 120.60 of  the  penal
 law,  stalking  in the second degree as defined in section 120.55 of the
 penal law, stalking in the third degree as defined in section 120.50  of
 the  penal  law  or  stalking in the fourth degree as defined in section
 120.45 of such law;
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully  against  the  person or persons for whose protection the order of
 protection was issued, (i) revoke any such existing license possessed by
 the respondent, order the respondent  ineligible  for  such  a  license,
 whether  or  not  the respondent possesses such a license, and order the
 immediate surrender [pursuant to subparagraph (f) of  paragraph  one  of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the  penal  law,]  of  any or all firearms, rifles and shotguns owned or
 possessed or (ii) suspend any such existing  license  possessed  by  the
 respondent,  order  the  respondent  ineligible  for such a license, and
 order the immediate surrender of any or all firearms, rifles  and  shot-
 guns owned or possessed; and
   (c)  the  court may where the defendant willfully refuses to surrender
 such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
 this  subdivision,  or  for  other good cause shown, order the immediate
 seizure of such firearm, rifle or shotgun, and search therefor, pursuant
 to an order issued in accordance with article six hundred ninety of  the
 criminal procedure law, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   § 4. Section 846-a of the family court act, as amended by chapter 1 of
 the laws of 2013, is amended to read as follows:
   §  846-a.  Powers on failure to obey order. If a respondent is brought
 before the court for failure to obey any lawful order issued under  this
 article  or  an  order of protection or, IN THE COUNTY OF KINGS, QUEENS,
 RICHMOND, NEW YORK  OR  BRONX,  temporary  order  of  protection  issued
 [pursuant to this act or issued] by a court of competent jurisdiction of
 another state, territorial or tribal jurisdiction and if, after hearing,
 the  court is satisfied by competent proof that the respondent has will-
 fully failed to obey any such order, the court may  modify  an  existing
 order  or,  IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 temporary order of protection to add reasonable conditions  of  behavior
 to the existing order, make a new order of protection in accordance with
 section  eight  hundred forty-two of this part, may order the forfeiture
 of bail in a manner consistent with article five hundred  forty  of  the

 S. 3636                             5

 criminal  procedure  law  if bail has been ordered pursuant to this act,
 may order the respondent to pay the petitioner's reasonable  and  neces-
 sary  counsel  fees  in connection with the violation petition where the
 court  finds that the violation of its order was willful, and may commit
 the respondent to jail for a term not to exceed six months. Such commit-
 ment may be served upon certain specified days or parts of days  as  the
 court may direct, and the court may, at any time within the term of such
 sentence,  revoke  such  suspension  and  commit  the respondent for the
 remainder of the original sentence, or suspend  the  remainder  of  such
 sentence.  If the court determines that the willful failure to obey such
 order involves violent behavior constituting  the  crimes  of  menacing,
 reckless  endangerment,  assault  or  attempted  assault  and  if such a
 respondent is licensed to carry, possess, repair and dispose of firearms
 pursuant to section 400.00 of the penal law, the court  may  also  imme-
 diately  revoke such license and may arrange for the immediate surrender
 [pursuant to subparagraph (f) of  paragraph  one  of  subdivision  a  of
 section  265.20 and subdivision six of section 400.05 of the penal law,]
 and disposal of any firearm such respondent owns or  possesses.  If  the
 willful  failure  to  obey such order involves the infliction of SERIOUS
 physical injury as defined in subdivision [nine] TEN of section 10.00 of
 the penal law or the use or threatened use of a deadly weapon or danger-
 ous instrument, as those terms are defined in  subdivisions  twelve  and
 thirteen  of section 10.00 of the penal law, such revocation and immedi-
 ate surrender [pursuant to subparagraph (f) of paragraph one of subdivi-
 sion a of section 265.20 and subdivision six of section  400.05  of  the
 penal  law  six]  and  disposal  of  any  firearm  owned or possessed by
 respondent shall be mandatory, pursuant to subdivision eleven of section
 400.00 of the penal law.
   § 5. Section 446-a of the family court act, as added by chapter  1  of
 the laws of 2013, is amended to read as follows:
   §  446-a.  Firearms;  surrender and license suspension, revocation and
 ineligibility; CERTAIN COUNTIES.   [Upon]  IN  THE  COUNTIES  OF  KINGS,
 QUEENS,  RICHMOND,  NEW YORK AND BRONX, UPON the issuance of an order of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation of a license to  carry,  possess,  repair  or  dispose  of  a
 firearm  or firearms, ineligibility for such a license and the surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   § 6. Section 552 of the family court act, as added by chapter 1 of the
 laws of 2013, is amended to read as follows:
   § 552. Firearms; surrender  and  license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  7.  Section 656-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 656-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such

 S. 3636                             6
 
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  8.  Section 780-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 780-a. Firearms; surrender and license  suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order, the court shall make a determination regarding the suspension and
 revocation  of  a  license  to  carry,  possess,  repair or dispose of a
 firearm or firearms, ineligibility for such a license and the  surrender
 of firearms in accordance with section eight hundred forty-two-a of this
 act.
   §  9. Section 1056-a of the family court act, as added by chapter 1 of
 the laws of 2013, is amended to read as follows:
   § 1056-a. Firearms; surrender and license suspension,  revocation  and
 ineligibility;  CERTAIN  COUNTIES.  [Upon]  IN  THE  COUNTIES  OF KINGS,
 QUEENS, RICHMOND, NEW YORK AND BRONX, UPON the issuance of an  order  of
 protection or temporary order of protection, or upon a violation of such
 order,  the  court  shall make an order in accordance with section eight
 hundred forty-two-a of this act.
   § 10. Paragraph h of subdivision 3 of  section  240  of  the  domestic
 relations  law,  as amended by chapter 1 of the laws of 2013, is amended
 to read as follows:
   h. Upon issuance of an order  of  protection  or  temporary  order  of
 protection  or upon a violation of such order, the court MAY AND, IN THE
 COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX,  shall  make  a
 determination  regarding  the  suspension and revocation of a license to
 carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
 ity  for such a license and the surrender of firearms in accordance with
 sections eight hundred forty-two-a and eight hundred forty-six-a of  the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant  to  this section or upon a finding of a violation thereof, the
 court also may direct payment of restitution in an amount not to  exceed
 ten thousand dollars in accordance with subdivision (e) of section eight
 hundred  forty-one of such act; provided, however, that in no case shall
 an order of restitution be issued where the court  determines  that  the
 party against whom the order would be issued has already compensated the
 injured  party  or  where  such  compensation is incorporated in a final
 judgment or settlement of the action.
   § 11. Subdivision 9 of section 252 of the domestic relations  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   9.  Upon  issuance  of  an  order  of protection or temporary order of
 protection or upon a violation of such order, the court MAY AND, IN  THE
 COUNTIES  OF  KINGS,  QUEENS, RICHMOND, NEW YORK AND BRONX, shall make a
 determination regarding the suspension and revocation of  a  license  to
 carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
 ity for such a license and the surrender of firearms in accordance  with
 sections  eight hundred forty-two-a and eight hundred forty-six-a of the
 family court act, as applicable. Upon issuance of an order of protection
 pursuant to this section or upon a finding of a violation  thereof,  the
 court  also may direct payment of restitution in an amount not to exceed
 ten thousand dollars in accordance with subdivision (e) of section eight

 S. 3636                             7
 
 hundred forty-one of such act; provided, however, that in no case  shall
 an  order  of  restitution be issued where the court determines that the
 party against whom the order would be issued has already compensated the
 injured  party  or  where  such  compensation is incorporated in a final
 judgment or settlement of the action.
   § 12. The opening paragraph and paragraph  (b)  of  subdivision  1  of
 section  530.14  of the criminal procedure law, the opening paragraph as
 amended by chapter 60 of the laws of 2018 and paragraph (b)  as  amended
 by section 3 of part M of chapter 55 of the laws of 2020, are amended to
 read as follows:
   [Suspension]  MANDATORY  AND PERMISSIVE SUSPENSION of firearms license
 and ineligibility for such a license upon issuance of temporary order of
 protection. Whenever a temporary order of protection is issued  pursuant
 to  subdivision  one  of  section  530.12  or subdivision one of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully against the person or persons for whose protection  the  temporary
 order  of  protection  is  issued,  suspend  any  such  existing license
 possessed by the defendant, order the defendant ineligible  for  such  a
 license  and order the immediate surrender [pursuant to subparagraph (f)
 of paragraph one of subdivision a of section 265.20 and subdivision  six
 of  section 400.05 of the penal law,] of any or all firearms, rifles and
 shotguns owned or possessed; and
   § 13. The opening paragraph and paragraph  (b)  of  subdivision  2  of
 section  530.14  of the criminal procedure law, the opening paragraph as
 amended by chapter 60 of the laws of 2018 and paragraph (b)  as  amended
 by section 4 of part M of chapter 55 of the laws of 2020, are amended to
 read as follows:
   [Revocation]  MANDATORY  AND  PERMISSIVE  REVOCATION  or suspension of
 firearms license and ineligibility for such a license upon  issuance  of
 an order of protection. Whenever an order of protection is issued pursu-
 ant to subdivision five of section 530.12 or subdivision four of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK  AND BRONX, shall where the court finds a substantial risk that the
 defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
 fully  against  the  person or persons for whose protection the order of
 protection is issued, (i) revoke any such existing license possessed  by
 the  defendant,  order  the  defendant ineligible for such a license and
 order the immediate surrender of any or all firearms, rifles  and  shot-
 guns  owned or possessed or (ii) suspend or continue to suspend any such
 existing license possessed by the defendant, order the defendant  ineli-
 gible  for such a license and order the immediate surrender [pursuant to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision six of section 400.05 of the  penal  law,]  of  any  or  all
 firearms, rifles and shotguns owned or possessed; and
   §  14.  The  opening  paragraph  and paragraph (b) of subdivision 3 of
 section 530.14 of the criminal procedure law, the opening  paragraph  as
 amended  by  chapter 60 of the laws of 2018 and paragraph (b) as amended
 by section 5 of part M of chapter 55 of the laws of 2020, are amended to
 read as follows:
   [Revocation] MANDATORY AND  PERMISSIVE  REVOCATION  or  suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection. Whenever  a  defendant

 S. 3636                             8
 
 has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
 subdivision eight of section 530.13 of this article  to  have  willfully
 failed  to  obey  an  order of protection issued by a court of competent
 jurisdiction  in  this  state  or  another  state, territorial or tribal
 jurisdiction, in addition to any other remedies  available  pursuant  to
 subdivision  eleven  of  section  530.12 or subdivision eight of section
 530.13 of this article:
   (b) the court MAY AND, IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW
 YORK AND BRONX, shall where the court finds a substantial risk that  the
 defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
 fully against the person or persons for whose protection  the  order  of
 protection was issued, (i) revoke any such existing license possessed by
 the  defendant,  order  the  defendant ineligible for such a license and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed or (ii) suspend any such existing  license  possessed
 by  the defendant, order the defendant ineligible for such a license and
 order the immediate surrender [pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal law,] of any or all firearms, rifles and shotguns
 owned or possessed; and
   § 15. The article heading of article 39-DDD of  the  general  business
 law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
 follows:
         PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
                            IN CERTAIN COUNTIES
   § 16. Subdivision 1 of section 898 of the  general  business  law,  as
 amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
 follows:
   1. In addition to any other requirements pursuant to state and federal
 law, all sales, exchanges or disposals of firearms, rifles or  shotguns,
 IN THE COUNTIES OF KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, shall be
 conducted  in accordance with this section unless such sale, exchange or
 disposal is conducted by a licensed importer, licensed  manufacturer  or
 licensed  dealer,  as those terms are defined in 18 USC § 922, when such
 sale, exchange or disposal is conducted pursuant to that person's feder-
 al firearms license or  such  sale,  exchange  or  disposal  is  between
 members  of  an  immediate  family. When a sale, exchange or disposal is
 conducted pursuant to a person's federal firearms license, before deliv-
 ering a firearm, rifle or shotgun to any person, either (a) the National
 Instant Criminal Background Check System (NICS)  or  its  successor  has
 issued  a  "proceed"  response  to the federal firearms licensee, or (b)
 thirty calendar days shall have  elapsed  since  the  date  the  federal
 firearms licensee contacted NICS to initiate a national instant criminal
 background check and NICS has not notified the federal firearms licensee
 that the transfer of the firearm, rifle or shotgun to such person should
 be  denied.  For purposes of this section, "immediate family" shall mean
 spouses, domestic partners, children and step-children.
   § 17. Paragraph (q) of subdivision 2 of section 212 of  the  judiciary
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (q) Adopt rules to  require  transmission,  to  the  criminal  justice
 information  services division of the federal bureau of investigation or
 to the division of criminal justice services,  of  the  name  and  other
 identifying  information of each person who has a guardian appointed for

 S. 3636                             9

 him or her pursuant to any provision of state law, based on  a  determi-
 nation  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. Any such records,
 RELATING  TO  PERSONS RESIDING IN THE COUNTY OF KINGS, QUEENS, RICHMOND,
 NEW YORK OR BRONX, transmitted directly to the federal bureau of  inves-
 tigation  must  also  be transmitted to the division of criminal justice
 services[, and any records received by the division of criminal  justice
 services pursuant to this paragraph may be checked against the statewide
 license and record database].
   §  18.  Subdivision  (j) of section 7.09 of the mental hygiene law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (j) (1) The commissioner, in cooperation with other  applicable  state
 agencies,  shall  collect,  retain  or modify data or records, and shall
 transmit such data or records: (i) to the division of  criminal  justice
 services,  or  to  the criminal justice information services division of
 the federal bureau of investigation, for the purposes of  responding  to
 queries to the national instant criminal background check system regard-
 ing  attempts  to  purchase or otherwise take possession of firearms, as
 defined in 18 USC 921(a)(3), in accordance with applicable federal  laws
 or  regulations,  or  (ii)  FOR PERSONS RESIDING IN THE COUNTY OF KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, to the division of criminal justice
 services, which may re-disclose such data and records only for determin-
 ing whether a license issued pursuant to section 400.00 of the penal law
 should be denied, suspended or revoked, under subdivision eleven of such
 section, or for determining whether a  person  is  no  longer  permitted
 under federal or state law to possess a firearm. Such records, which may
 not  be  used  for any other purpose, shall include only names and other
 non-clinical identifying information of persons who have  been  involun-
 tarily committed to a hospital pursuant to article nine of this chapter,
 [or  section four hundred two or subdivision two of section five hundred
 eight of the correction law,] or article seven hundred thirty or section
 330.20 of the criminal procedure law or sections 322.2 or 353.4  of  the
 family  court act, or to a secure treatment facility pursuant to article
 ten of this chapter.
   (2) The commissioner shall  establish  within  the  office  of  mental
 health  an administrative process to permit a person who has been or may
 be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
 922(4)(d) or who has been or may be disqualified from continuing to have
 a  license  to  carry,  possess,  repair,  or dispose of a firearm under
 section 400.00 of the penal law because such person, WHO RESIDES IN  THE
 COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, was involuntarily
 committed or civilly confined to a facility under  the  jurisdiction  of
 the commissioner, to petition for relief from that disability where such
 person's  record  and  reputation  are such that such person will not be
 likely to act in a manner dangerous  to  public  safety  and  where  the
 granting  of  the  relief  would  not  be contrary to public safety. The
 commissioner shall promulgate regulations to establish the  relief  from
 disabilities  program,  which  shall  include,  but  not  be limited to,
 provisions providing for: (i) an opportunity for a  disqualified  person
 to  petition for relief in writing; (ii) the authority for the agency to
 require that the petitioner  undergo  a  clinical  evaluation  and  risk
 assessment;  and (iii) a requirement that the agency issue a decision in
 writing explaining the reasons for a denial  or  grant  of  relief.  The
 denial  of  a  petition  for relief from disabilities may be reviewed de

 S. 3636                            10
 
 novo pursuant to the proceedings  under  article  seventy-eight  of  the
 civil practice law and rules.
   §  19.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
 health  professional currently providing treatment services to a person,
 WHO RESIDES IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 determines, in the exercise of reasonable  professional  judgment,  that
 such  person is likely to engage in conduct that would result in serious
 harm to self or others, he or she shall be required to report,  as  soon
 as practicable, to the director of community services, or the director's
 designee,  who shall report to the division of criminal justice services
 whenever he or she agrees that the person is likely to  engage  in  such
 conduct.  Information  transmitted  to  the division of criminal justice
 services shall be limited to names and  other  non-clinical  identifying
 information,  which  may  only be used for determining whether a license
 issued pursuant to section 400.00 of the penal law should  be  suspended
 or  revoked,  or  for  determining  whether a person is ineligible for a
 license issued pursuant to section 400.00 of the penal  law,  or  is  no
 longer permitted under state or federal law to possess a firearm.
   § 20. Subdivision 22 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   22. "Assault weapon" means
   (a) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION,  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE  ACTION  OF
 THE WEAPON;
   (C) A BAYONET MOUNT;
   (D)  A  FLASH  SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
 FLASH SUPPRESSOR;
   (E) A GRENADE LAUNCHER; OR
   (II) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO  OF  THE  FOLLOWING
 CHARACTERISTICS:
   (A) A FOLDING OR TELESCOPING STOCK;
   (B)  A  PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
 THE WEAPON;
   (C) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   (D) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   (III) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHA-
 BLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   (A)  AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
 PISTOL GRIP;
   (B) A THREADED BARREL CAPABLE OF ACCEPTING A  BARREL  EXTENDER,  FLASH
 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   (C)  A  SHROUD  THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE  FIREARM  WITH
 THE NONTRIGGER HAND WITHOUT BEING BURNED;
   (D)  A  MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
 UNLOADED;
   (E) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
 OR
   (IV) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR  RECEIVERS  OF  SUCH
 WEAPONS,  OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
 AS:

 S. 3636                            11
 
   (A) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
 MODELS);
   (B) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
   (C) BERETTA AR70 (SC-70);
   (D) COLT AR-15;
   (E) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
   (F) SWD M-10, M-11, M-11/9, AND M-12;
   (G) STEYR AUG;
   (H) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   (I)  REVOLVING  CYLINDER  SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
 SWEEPER AND STRIKER 12;
   (V) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: (A) ANY RIFLE,
 SHOTGUN OR PISTOL THAT (I) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER  OR
 SLIDE ACTION; (II) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (III) IS
 AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);
   (B)  A  SEMIAUTOMATIC  RIFLE  THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
   (C) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS  OF
 AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
   (D)  A  RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
 SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH  WEAPON  WAS
 MANUFACTURED  ON  OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   (E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
 PISTOL  OR  ANY OF THE WEAPONS DEFINED IN SUBPARAGRAPH (IV) OF PARAGRAPH
 (B) OF THIS SUBDIVISION LAWFULLY  POSSESSED  PRIOR  TO  SEPTEMBER  FOUR-
 TEENTH, NINETEEN HUNDRED NINETY-FOUR; AND
   (B)  (I)  IN  THE  COUNTIES  OF  KINGS, QUEENS, RICHMOND, NEW YORK AND
 BRONX, a semiautomatic rifle that has an ability to accept a  detachable
 magazine and has at least one of the following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)]  (B)  a  pistol  grip  that protrudes conspicuously beneath the
 action of the weapon;
   [(iii)] (C) a thumbhole stock;
   [(iv)] (D) a second handgrip or a protruding grip that can be held  by
 the non-trigger hand;
   [(v)] (E) a bayonet mount;
   [(vi)]  (F)  a  flash suppressor, muzzle break, muzzle compensator, or
 threaded barrel designed  to  accommodate  a  flash  suppressor,  muzzle
 break, or muzzle compensator;
   [(vii)] (G) a grenade launcher; or
   [(b)]  (II)  a  semiautomatic  shotgun  that  has  at least one of the
 following characteristics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)] (D) a fixed magazine capacity in excess of seven rounds;
   [(v)] (E) an ability to accept a detachable magazine; or
   [(c)] (III) a semiautomatic pistol that has an  ability  to  accept  a
 detachable  magazine  and  has  at least one of the following character-
 istics:
   [(i)] (A) a folding or telescoping stock;
   [(ii)] (B) a thumbhole stock;

 S. 3636                            12
 
   [(iii)] (C) a second handgrip or a protruding grip that can be held by
 the non-trigger hand;
   [(iv)]  (D) capacity to accept an ammunition magazine that attaches to
 the pistol outside of the pistol grip;
   [(v)] (E) a threaded barrel capable of accepting  a  barrel  extender,
 flash suppressor, forward handgrip, or silencer;
   [(vi)]  (F)  a  shroud that is attached to, or partially or completely
 encircles, the barrel and that permits the shooter to hold  the  firearm
 with the non-trigger hand without being burned;
   [(vii)]  (G)  a  manufactured  weight of fifty ounces or more when the
 pistol is unloaded; or
   [(viii)] (H) a semiautomatic version of an automatic rifle, shotgun or
 firearm;
   [(d)] (IV) a revolving cylinder shotgun;
   [(e)] (V) a semiautomatic rifle, a semiautomatic shotgun or a  semiau-
 tomatic pistol or weapon defined in FORMER subparagraph (v) of paragraph
 (e) of subdivision twenty-two of section 265.00 of this chapter as added
 by  chapter  one  hundred  eighty-nine  of  the laws of two thousand and
 otherwise lawfully possessed pursuant to such chapter of the laws of two
 thousand prior to September fourteenth, nineteen hundred ninety-four;
   [(f)] (VI) a semiautomatic rifle, a semiautomatic shotgun or a semiau-
 tomatic pistol or weapon defined in THIS paragraph  OR  PARAGRAPH  (a)[,
 (b)  or  (c)] of this subdivision, possessed prior to the date of enact-
 ment of [the] chapter ONE of the laws of  two  thousand  thirteen  which
 added this paragraph;
   [(g)] (VII) provided, however, that such term does not include:
   [(i)]  (A)  any  rifle,  shotgun  or pistol that [(A)] (I) is manually
 operated by bolt, pump, lever or  slide  action;  [(B)]  (II)  has  been
 rendered permanently inoperable; or [(C)] (III) is an antique firearm as
 defined in 18 U.S.C.  921(a)(16);
   [(ii)] (B) a semiautomatic rifle that cannot accept a detachable maga-
 zine that holds more than five rounds of ammunition;
   [(iii)]  (C)  a  semiautomatic shotgun that cannot hold more than five
 rounds of ammunition in a fixed or detachable magazine; or
   [(iv)] (D) a rifle, shotgun or pistol, or a  replica  or  a  duplicate
 thereof,  specified  in  Appendix  A to 18 U.S.C. 922 as such weapon was
 manufactured on October first, nineteen hundred ninety-three.  The  mere
 fact that a weapon is not listed in Appendix A shall not be construed to
 mean that such weapon is an assault weapon;
   [(v)]  (E)  any  weapon  validly  registered  pursuant  to subdivision
 sixteen-a of section 400.00 of  this  chapter.  Such  weapons  shall  be
 subject to the provisions of [paragraph (h)] SUBPARAGRAPH (VIII) of this
 [subdivision] PARAGRAPH;
   [(vi)]  (F)  any  firearm,  rifle, or shotgun that was manufactured at
 least fifty years prior to the current date, but not including  replicas
 thereof  that is validly registered pursuant to subdivision sixteen-a of
 section 400.00 of this chapter;
   [(h)] (VIII) Any weapon defined in [paragraph (e) or (f)] SUBPARAGRAPH
 (V) OR (VI) of this [subdivision] PARAGRAPH and any large capacity ammu-
 nition feeding device that was legally possessed by an individual  prior
 to  the enactment of [the] chapter ONE of the laws of two thousand thir-
 teen which added this paragraph, may only be sold to, exchanged with  or
 disposed  of  to a purchaser authorized to possess such weapons or to an
 individual or entity outside of the state provided that any such  trans-
 fer  to an individual or entity outside of the state must be reported to
 the entity wherein the weapon is registered within seventy-two hours  of

 S. 3636                            13

 such  transfer.  An  individual  who  transfers any such weapon or large
 capacity ammunition device to an individual inside  New  York  state  or
 without  complying with the provisions of this paragraph shall be guilty
 of  a  class A misdemeanor unless such large capacity ammunition feeding
 device, the possession of which is made illegal by [the] chapter ONE  of
 the  laws of two thousand thirteen which added this [paragraph] SUBPARA-
 GRAPH, is transferred within one year of the  effective  date  of  [the]
 chapter ONE of the laws of two thousand thirteen which added this [para-
 graph] SUBPARAGRAPH.
   § 21. Subdivision 23 of section 265.00 of the penal law, as amended by
 chapter 1 of the laws of 2013, is amended to read as follows:
   23. "Large capacity ammunition feeding device" means a magazine, belt,
 drum,  feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER THIR-
 TIETH, NINETEEN HUNDRED NINETY-FOUR, that [(a)] has a  capacity  of,  or
 that  can  be  readily  restored  or  converted to accept, more than ten
 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
 tion, or (c) is obtained after the effective date of the chapter of  the
 laws  of  two thousand thirteen which amended this subdivision and has a
 capacity of, or that can be readily restored  or  converted  to  accept,
 more than seven rounds of ammunition]; provided, however, that such term
 does  not  include  an  attached  tubular device designed to accept, and
 capable of operating only with, .22 caliber  rimfire  ammunition  [or  a
 feeding  device  that  is  a  curio or relic. A feeding device that is a
 curio or relic is defined as a device that (i) was manufactured at least
 fifty years prior to the current date, (ii) is  only  capable  of  being
 used  exclusively  in a firearm, rifle, or shotgun that was manufactured
 at least fifty years prior to the current date, but not including repli-
 cas thereof, (iii) is possessed by an individual who is  not  prohibited
 by state or federal law from possessing a firearm and (iv) is registered
 with  the  division of state police pursuant to subdivision sixteen-a of
 section 400.00 of this chapter, except such feeding devices  transferred
 into  the  state may be registered at any time, provided they are regis-
 tered within thirty days of their transfer into the state. Notwithstand-
 ing paragraph (h) of subdivision twenty-two of this section, such  feed-
 ing  devices  may  be  transferred  provided that such transfer shall be
 subject to the provisions of section 400.03 of  this  chapter  including
 the check required to be conducted pursuant to such section].
   §  22.  Subdivision 24 of section 265.00 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   24. "Seller of ammunition" means any person, firm, partnership, corpo-
 ration or company who engages in the business of purchasing, selling  or
 keeping ammunition IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR
 BRONX.
   §  23.  The opening paragraph of section 265.01-b of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   A person is guilty of criminal possession of a firearm when he or she,
 BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR
 BRONX:    (1) possesses any firearm or; (2) lawfully possesses a firearm
 prior to the effective date of [the] chapter ONE  of  the  laws  of  two
 thousand  thirteen  which added this section subject to the registration
 requirements of subdivision sixteen-a of section 400.00 of this  chapter
 and  knowingly  fails to register such firearm pursuant to such subdivi-
 sion.
   § 24. Paragraphs 3 and 7-f of subdivision a of section 265.20  of  the
 penal  law, paragraph 3 as amended and paragraph 7-f as added by chapter
 1 of the laws of 2013, are amended to read as follows:

 S. 3636                            14
 
   3. Possession of a pistol or revolver by a person to  whom  a  license
 therefor  has  been issued as provided under section 400.00 or 400.01 of
 this chapter or possession, IN THE COUNTY OF  KINGS,  QUEENS,  RICHMOND,
 NEW YORK OR BRONX, of a weapon as defined in SUBPARAGRAPH (V) OR (VI) OF
 paragraph  [(e)  or (f)] (B) of subdivision twenty-two of section 265.00
 of this article which is registered pursuant to paragraph (a) of  subdi-
 vision  sixteen-a of section 400.00 of this chapter or is included on an
 amended license issued pursuant to section 400.00 of  this  chapter.  In
 the  event  such license is revoked, other than because such licensee is
 no longer permitted to possess a firearm, rifle or shotgun under federal
 or state law, information sufficient  to  satisfy  the  requirements  of
 subdivision sixteen-a of section 400.00 of this chapter, shall be trans-
 mitted  by  the  licensing officer to the DIVISION OF state police, in a
 form as determined by the superintendent of state  police.  Such  trans-
 mission  shall  constitute  a  valid  registration  under  such section.
 Further provided, notwithstanding any other section  of  this  title,  a
 failure  to  register  such  weapon  by  an individual, IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, who  possesses  such  weapon
 before  the  enactment  of [the] chapter ONE of the laws of two thousand
 thirteen which amended this paragraph and may  so  lawfully  possess  it
 thereafter upon registration, shall only be subject to punishment pursu-
 ant  to paragraph (c) of subdivision sixteen-a of section 400.00 of this
 chapter; provided,  that  such  a  license  or  registration  shall  not
 preclude  a  conviction  for the offense defined in subdivision three of
 section 265.01 of this article or section 265.01-a of this article.
   7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
 device,  IN  THE  COUNTY  OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 that contains more than seven rounds of ammunition, but  that  does  not
 have  a  capacity  of  or can readily be restored or converted to accept
 more than ten rounds of ammunition, at an indoor or outdoor firing range
 located in or on premises owned  or  occupied  by  a  duly  incorporated
 organization organized for conservation purposes or to foster proficien-
 cy  in  arms;  at  an  indoor or outdoor firing range for the purpose of
 firing a rifle or shotgun; at a collegiate, olympic or  target  shooting
 competition  under  the  auspices  of  or approved by the national rifle
 association; or at an organized match sanctioned  by  the  International
 Handgun Metallic Silhouette Association.
   §  25.  The  opening  paragraph of section 265.36 of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   It shall be unlawful for a person, IN THE  COUNTY  OF  KINGS,  QUEENS,
 RICHMOND, NEW YORK OR BRONX, to knowingly possess a large capacity ammu-
 nition feeding device manufactured before September thirteenth, nineteen
 hundred  ninety-four,  and  if such person lawfully possessed such large
 capacity feeding device before the effective date of [the]  chapter  ONE
 of  the laws of two thousand thirteen which added this section, that has
 a capacity of, or that can be readily restored or converted  to  accept,
 more than ten rounds of ammunition.
   §  26.  The  opening  paragraph of section 265.37 of the penal law, as
 amended by section 2 of part FF of chapter 57 of the laws  of  2013,  is
 amended to read as follows:
   It  shall be unlawful for a person to knowingly possess, IN THE COUNTY
 OF KINGS, QUEENS, RICHMOND, NEW YORK OR  BRONX,  an  ammunition  feeding
 device where such device contains more than seven rounds of ammunition.
   §  27.  The  opening  paragraph of section 265.45 of the penal law, as
 amended by chapter 133 of the laws  of  2019,  is  amended  to  read  as
 follows:

 S. 3636                            15

   No person, RESIDING IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK
 OR  BRONX,  who  owns or is custodian of a rifle, shotgun or firearm who
 resides with an individual who: (i) is under sixteen years of age;  (ii)
 such  person knows or has reason to know is prohibited from possessing a
 rifle,  shotgun or firearm pursuant to a temporary or final extreme risk
 protection order issued under article sixty-three-A of the  civil  prac-
 tice  law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii)
 such person knows or has reason to know is prohibited from possessing  a
 rifle,  shotgun or firearm based on a conviction for a felony or a seri-
 ous offense, shall store or  otherwise  leave  such  rifle,  shotgun  or
 firearm out of his or her immediate possession or control without having
 first  securely  locked such rifle, shotgun or firearm in an appropriate
 safe storage depository or rendered it incapable of being fired  by  use
 of a gun locking device appropriate to that weapon. For purposes of this
 section  "safe  storage  depository"  shall  mean a safe or other secure
 container which, when locked, is incapable of being opened  without  the
 key, combination or other unlocking mechanism and is capable of prevent-
 ing  an  unauthorized  person from obtaining access to and possession of
 the weapon contained therein. Nothing in this section shall be deemed to
 affect, impair or supersede any special or local  act  relating  to  the
 safe  storage  of  rifles,  shotguns or firearms which impose additional
 requirements on the owner or custodian of such weapons.
   § 28. 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
 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, BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND,  NEW
 YORK  OR BRONX, has not been involuntarily committed to a facility under
 the jurisdiction of an office of the department of mental hygiene pursu-
 ant 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

 S. 3636                            16
 
 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,
 BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW  YORK  OR
 BRONX,  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.  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.
   § 29. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the  penal
 law, subdivision 4 as amended by chapter 242 of the laws of 2019, subdi-
 visions  5,  10  and  11  as  amended  by chapter 1 of the laws of 2013,
 subparagraph (iii) of paragraph (e) of subdivision 5 as amended by chap-
 ter 244 of the laws of 2019, and subdivision 12 as  amended  by  chapter
 129 of the laws of 2019, are amended to read as follows:
   4.  Investigation.  Before a license is issued or renewed, there shall
 be an investigation of all statements required in the application by the
 duly constituted police authorities of the locality where such  applica-
 tion  is  made[,  including  but  not  limited to such records as may be
 accessible to the division of  state  police  or  division  of  criminal
 justice  services  pursuant to section 400.02 of this article]. For that
 purpose, the records of the appropriate  office  of  the  department  of
 mental  hygiene  concerning  previous  or  present mental illness of the
 applicant shall be available for inspection by the investigating officer
 of the police authority. Where the applicant is domiciled in  a  foreign
 state,  the investigation shall include inquiry of the foreign state for
 records concerning the previous or present mental illness of the  appli-
 cant,  and,  to the extent necessary for inspection by the investigating
 officer, the applicant shall execute a waiver of confidentiality of such
 record in such form as may be required by the foreign state. In order to
 ascertain any previous criminal record, the investigating officer  shall
 take  the fingerprints and physical descriptive data in quadruplicate of
 each individual by whom the application  is  signed  and  verified.  Two
 copies of such fingerprints shall be taken on standard fingerprint cards
 eight  inches  square,  and one copy may be taken on a card supplied for
 that purpose by the federal bureau of investigation; provided,  however,
 that in the case of a corporate applicant that has already been issued a

 S. 3636                            17
 
 dealer  in firearms license and seeks to operate a firearm dealership at
 a second or subsequent location, the original fingerprints on  file  may
 be  used  to  ascertain  any criminal record in the second or subsequent
 application  unless any of the corporate officers have changed since the
 prior application, in which case the new corporate officer shall  comply
 with  procedures governing an initial application for such license. When
 completed, one standard card shall be forwarded to and retained  by  the
 division  of  criminal  justice services in the executive department, at
 Albany. A search of the files of such division and written  notification
 of  the results of the search to the investigating officer shall be made
 without unnecessary delay. Thereafter, such division  shall  notify  the
 licensing  officer  and  the  executive  department,  division  of state
 police, Albany, of any criminal record of the  applicant  filed  therein
 subsequent  to  the  search of its files. A second standard card, or the
 one supplied by the federal bureau of investigation, as the case may be,
 shall be forwarded to that bureau at Washington with a request that  the
 files  of  the bureau be searched and notification of the results of the
 search be made to the investigating police authority. Of  the  remaining
 two fingerprint cards, one shall be filed with the executive department,
 division  of state police, Albany, within ten days after issuance of the
 license, and the other remain on  file  with  the  investigating  police
 authority.  No  such  fingerprints  may be inspected by any person other
 than a peace officer, who is acting  pursuant  to  his  or  her  special
 duties,  or a police officer, except on order of a judge or justice of a
 court of record either upon notice to the licensee or without notice, as
 the judge or justice may deem appropriate. Upon completion of the inves-
 tigation, the police authority shall report the results to the licensing
 officer without unnecessary delay.
   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)] (E) of this  subdivi-
 sion,  the name and address of any person to whom an application for any
 license has been granted shall be a public record. Upon application by a
 licensee who has changed his place of residence such records or applica-
 tions 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, Albany, within 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 division with such records. In the event such clerk,
 department 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

 S. 3636                            18
 
 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 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 ONE 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
 applicant  to  request an exception from his or her application informa-
 tion becoming public record pursuant to paragraph (a) of  this  subdivi-
 sion.  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 ONE 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 appli-
 cant an opportunity to specify 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
 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

 S. 3636                            19

 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)] (D) (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)] (E) 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 ONE 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, pursu-
 ant to paragraph (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)] (F) If a request for an exception is determined to be  null  and
 void  pursuant  to paragraph (b) [or (c)] of this subdivision, an appli-
 cant may request review of such determination pursuant to article seven-
 ty-eight of the civil practice [laws] LAW  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.
   10.  License: expiration, certification and renewal. [(a)] Any license
 for gunsmith or dealer in firearms and, in the city  of  New  York,  any
 license  to  carry  or  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

 S. 3636                            20

 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  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 accord-
 ance 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  thereafter.  For
 purposes  of  this  section  certification  shall mean that the licensee
 shall provide to the licensing officer the following  information  only:
 current name, date of birth, current address, and the make, model, cali-
 ber  and serial number of all firearms currently possessed. Such certif-
 ication information shall be filed by the licensing 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
 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 applica-
 tion  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  satisfactory  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 dupli-
 cate license.
   [(b) All licensees shall be  recertified  to  the  division  of  state
 police every five years thereafter. Any license issued before the effec-
 tive  date  of  the  chapter  of the laws of two thousand thirteen which
 added this paragraph shall be recertified by the licensee on  or  before
 January  thirty-first, two thousand eighteen, and not less than one year
 prior to such date, the state police shall send a notice to all  license
 holders  who  have  not  recertified  by such time. Such recertification
 shall be in a form as approved by the superintendent  of  state  police,
 which  shall  request  the license holder's name, date of birth, gender,
 race, residential address, social security number, firearms possessed by
 such license holder, email address at the option of the  license  holder
 and  an  affirmation  that  such  license  holder is not prohibited from
 possessing firearms. The form may be in an electronic form if so  desig-
 nated  by the superintendent of state police. Failure to recertify shall
 act as a revocation of such  license.  If  the  New  York  state  police
 discover  as  a  result  of  the recertification process that a licensee
 failed to provide a change of address, the New York state  police  shall
 not require the licensing officer to revoke such license.]
   11. License: revocation and suspension. (a) The conviction of a licen-
 see  anywhere  of a felony or serious offense [or a licensee at any time
 becoming ineligible to obtain a license under this section] shall  oper-

 S. 3636                            21
 
 ate  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 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 offi-
 cer, 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. 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.
   (b) Whenever the director of community services  IN  THE  COUNTIES  OF
 KINGS,  QUEENS,  RICHMOND,  NEW  YORK  AND BRONX, or his or her designee
 makes a report pursuant to section 9.46 of the mental hygiene  law,  the
 division  of  criminal  justice  services shall convey such information,
 whenever it determines that the person named in the report  possesses  a
 license  issued  pursuant  to this section, to the appropriate licensing
 official, who shall issue an order suspending or revoking such license.
   (c) In any instance in  which  a  person's  license  is  suspended  or
 revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
 shall surrender such license to the appropriate licensing  official  and
 any  and  all  firearms,  rifles, or shotguns owned or possessed by such
 person shall be surrendered to an appropriate law enforcement agency  as
 provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
 section 265.20 of this chapter. In  the  event  such  license,  firearm,
 shotgun,  or  rifle  is not surrendered, such items shall be removed and
 declared a nuisance and any  police  officer  or  peace  officer  acting
 pursuant  to  his  or her special duties is authorized to remove any and
 all such weapons.
   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 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 background  check
 and  NICS has not notified the licensee that the transfer of the firearm
 to such person should  be  denied.  In  addition,  before  delivering  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 possess, or the shield or other  number,

 S. 3636                            22
 
 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 super-
 intendent of state police  may  designate  that  such  record  shall  be
 completed  and transmitted in electronic form. A dealer may be granted a
 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.
   § 30. Subdivision 16-a of section 400.00 of the penal law, as added by
 chapter 1 of the laws of 2013, paragraph (a-1) as added by chapter 98 of
 the laws of 2013, is amended to read as follows:
   16-a. Registration. (a) An owner of a weapon defined in [paragraph (e)
 or  (f)]  SUBPARAGRAPH (V) OR (VI) OF PARAGRAPH (B) of subdivision twen-
 ty-two of section 265.00 of this chapter, WHO RESIDES IN THE  COUNTY  OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, possessed before the date of
 the  effective  date  of  [the]  chapter ONE of the laws of two thousand
 thirteen which added this paragraph, must make an application to  regis-
 ter  such  weapon with the superintendent of state police, in the manner
 provided by the superintendent, or by amending a license issued pursuant
 to this section within one year of the effective date of  this  subdivi-
 sion  except  any weapon defined under [subparagraph (vi)] CLAUSE (F) OF
 SUBPARAGRAPH (VII) of paragraph [(g)] (B) of subdivision  twenty-two  of
 section  265.00 of this chapter transferred into the state may be regis-
 tered at any time, provided such weapons are  registered  within  thirty
 days  of  their  transfer into the state. Registration information shall
 include the registrant's name, date of birth, gender, race,  residential
 address,  social  security number and a description of each weapon being
 registered. A registration IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW
 YORK OR BRONX, of any weapon defined under  [subparagraph  (vi)]  CLAUSE
 (F)  OF SUBPARAGRAPH (VII) of paragraph [(g)] (B) of subdivision twenty-
 two of section 265.00 or a feeding device as defined  under  subdivision
 twenty-three  of  section  265.00 of this chapter shall be transferable,
 provided that the seller notifies the DIVISION OF  state  police  within
 seventy-two hours of the transfer and the buyer provides the DIVISION OF
 state  police  with  information sufficient to constitute a registration
 under this section. Such registration shall not be valid if such  regis-
 trant  is  prohibited  or  becomes  prohibited from possessing a firearm
 pursuant to state or federal law.  The  superintendent  shall  determine
 whether  such  registrant  is prohibited from possessing a firearm under
 state or federal law. Such check shall be limited to determining whether
 the factors in 18 USC 922 (g) apply or whether  a  registrant  has  been

 S. 3636                            23

 convicted  of  a  serious offense as defined in subdivision sixteen-b of
 section 265.00 of this chapter, so as to prohibit such  registrant  from
 possessing  a  firearm, and whether a report has been issued pursuant to
 section  9.46  of  the mental hygiene law.  [All] SUCH registrants shall
 recertify to the division of state police every five  years  thereafter.
 Failure to recertify shall result in a revocation of such registration.
   (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
 this subdivision, an owner, WHO RESIDES IN THE COUNTY OF KINGS,  QUEENS,
 RICHMOND, NEW YORK OR BRONX, of an assault weapon as defined in subdivi-
 sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
 retired New York or federal law enforcement officer as defined in subdi-
 vision twenty-five of section 265.00 of this chapter, where such  weapon
 was  issued  to  or purchased by such officer prior to retirement and in
 the course of his or her official duties, and for which such officer was
 qualified by the agency that employed such officer within twelve  months
 prior  to  his or her retirement, must register such weapon within sixty
 days of retirement.
   (b) The superintendent of state police shall create  and  maintain  an
 internet  website  to  educate  the  public, WHO RESIDE IN THE COUNTY OF
 KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, as  to  which  semiautomatic
 rifle,  semiautomatic shotgun or semiautomatic pistol or weapon that are
 illegal as a result of the enactment of [the] chapter ONE of the laws of
 two thousand thirteen which  added  this  paragraph,  as  well  as  such
 assault  weapons  which  are  illegal  pursuant  to  article two hundred
 sixty-five of this chapter. Such website shall  contain  information  to
 assist [the] SUCH public in recognizing the relevant features proscribed
 by  such article two hundred sixty-five, as well as which make and model
 of weapons that require registration.
   (c) A person, WHO RESIDES IN THE COUNTY OF  KINGS,  QUEENS,  RICHMOND,
 NEW YORK OR BRONX, who knowingly fails to apply to register such weapon,
 as  required  by  this section, within one year of the effective date of
 [the] chapter ONE of the laws of two thousand thirteen which added  this
 paragraph  shall  be guilty of a class A misdemeanor and such person who
 unknowingly fails to validly register such weapon within such  one  year
 period  shall  be  given  a  warning  by  an appropriate law enforcement
 authority about such failure and given thirty days in which to apply  to
 register such weapon or to surrender it. A failure to apply or surrender
 such  weapon  within  such thirty-day period shall result in such weapon
 being removed by an appropriate law enforcement authority and declared a
 nuisance.
   § 31. Section 400.02 of the penal law is REPEALED.
   § 32. Section 400.03 of the penal law, as added by chapter  1  of  the
 laws of 2013, is amended to read as follows:
 § 400.03 Sellers of ammunition.
   1.  A  seller  of  ammunition as defined in subdivision twenty-four of
 section 265.00 of this chapter DOING BUSINESS IN THE  COUNTY  OF  KINGS,
 QUEENS, RICHMOND, NEW YORK OR BRONX, shall register with the superinten-
 dent  of  state  police  in a manner provided by the superintendent. Any
 dealer in firearms that is validly licensed pursuant to  section  400.00
 of this article shall not be required to complete such registration.
   2.  Any  seller  of ammunition or dealer in firearms DOING BUSINESS IN
 THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, shall  keep  a
 record  book  approved as to form by the superintendent of state police.
 In the record book shall be entered at the  time  of  every  transaction
 involving  ammunition  the  date, name, age, occupation and residence of
 any person from whom ammunition is received or  to  whom  ammunition  is

 S. 3636                            24
 
 delivered,  and  the  amount,  calibre,  manufacturer's  name and serial
 number, or if none, any other distinguishing  number  or  identification
 mark  on  such  ammunition.  The  record book shall be maintained 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 or her special duties, or police officer. Any record produced pursu-
 ant to this section and any transmission thereof to any government agen-
 cy  shall  not be considered a public record for purposes of article six
 of the public officers law.
   3. [No later than thirty days after the superintendent  of  the  state
 police  certifies  that the statewide license and record database estab-
 lished pursuant to section 400.02 of this article is operational for the
 purposes of this section, a] A dealer in firearms licensed  pursuant  to
 section  400.00  of  this  article, a seller of ammunition as defined in
 subdivision twenty-four of section 265.00 of this chapter DOING BUSINESS
 IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,  shall  not
 transfer  any  ammunition  to  any  other  person who is not a dealer in
 firearms as defined in subdivision nine of  such  section  265.00  or  a
 seller  of  ammunition  as defined in subdivision twenty-four of section
 265.00 of this chapter, unless:
   (a) before the completion of the  transfer,  the  licensee  or  seller
 contacts  the  [statewide license and record database] SUPERINTENDENT OF
 STATE POLICE and provides the [database] SUPERINTENDENT with information
 sufficient to identify such dealer or seller, transferee based on infor-
 mation on the transferee's identification document as defined  in  para-
 graph  (c) of this subdivision, as well as the amount, calibre, manufac-
 turer's name and serial number, if any, of such ammunition;
   (b) the [system] SUPERINTENDENT provides the licensee or seller with a
 unique identification number; and
   (c) the transferor has verified the  identity  of  the  transferee  by
 examining a valid state identification document of the transferee issued
 by  the department of motor vehicles or if the transferee is not a resi-
 dent of the state of New York, a valid identification document issued by
 the transferee's state or country of residence containing  a  photograph
 of the transferee.
   4.  If  the  [database] SUPERINTENDENT OF STATE POLICE determines that
 the purchaser of ammunition is eligible to possess  ammunition  pursuant
 to state and federal laws, [the system] HE OR SHE shall:
   (a) assign a unique identification number to the transfer; and
   (b) provide the licensee or seller with the number.
   5.  If  the  [statewide license and record database] SUPERINTENDENT OF
 STATE POLICE notifies the licensee or seller that the information avail-
 able [to the database] does not demonstrate that the receipt of  ammuni-
 tion  by  such other person would violate 18 U.S.C. 922(g) or state law,
 and the licensee transfers ammunition to such other person, the licensee
 shall indicate to the [database] SUPERINTENDENT  that  such  transaction
 has  been completed at which point a record of such transaction shall be
 created which shall be accessible by the division of  state  police  and
 maintained  for  no  longer than one year from point of purchase[, which
 shall not be incorporated into  the  database  established  pursuant  to
 section  400.02  of this article or the registry established pursuant to
 subdivision sixteen-a of section 400.00 of this article].  The  division
 of  state police may share such information with a local law enforcement
 agency. Evidence of the purchase of  ammunition  is  not  sufficient  to
 establish  probable  cause to believe that the purchaser has committed a
 crime absent other information tending to  prove  the  commission  of  a

 S. 3636                            25
 
 crime.  Records assembled or accessed pursuant to this section shall not
 be subject to disclosure pursuant to article six of the public  officers
 law.  This  requirement  of  this section shall not apply (i) if a back-
 ground  check  cannot be completed because the system is not operational
 as determined by the superintendent of state police, or where it  cannot
 be  accessed  by  the  practitioner  due to a temporary technological or
 electrical failure, as set forth in regulation,  or  (ii)  a  dealer  or
 seller  has  been granted a waiver from conducting such background check
 if the superintendent of state police determines  that  such  dealer  is
 incapable  of  such  check 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 estab-
 lished in regulation, and at the discretion of such superintendent.
   6. If the superintendent of state  police  certifies  that  background
 checks  of  ammunition  purchasers IN THE COUNTY OF KINGS, QUEENS, RICH-
 MOND, NEW YORK OR BRONX may be conducted through  the  national  instant
 criminal  background  check  system,  use  of that system by a dealer or
 seller shall be sufficient to satisfy subdivisions four and five of this
 section and such checks shall be conducted through such system, provided
 that a record of such transaction shall be forwarded to the state police
 in a form determined by the superintendent.
   7. No commercial transfer of ammunition shall take place IN THE COUNTY
 OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX unless a  licensed  dealer
 in  firearms  or registered seller of ammunition acts as an intermediary
 between the transferor and the ultimate transferee of the ammunition for
 the purposes of contacting the statewide  license  and  record  database
 pursuant  to  this  section. Such transfer between the dealer or seller,
 and transferee must occur in person.
   8. A seller of ammunition who  fails  to  register  pursuant  to  this
 section  and sells ammunition, for a first offense, shall be guilty of a
 violation and subject to the fine of one  thousand  dollars  and  for  a
 second offense, shall be guilty of a class A misdemeanor.
   A seller of ammunition that fails to keep any record required pursuant
 to  this section, for a first offense shall be guilty of a violation and
 subject to a fine of five hundred dollars,  and  for  a  second  offense
 shall  be  guilty of a class B misdemeanor, and the registration of such
 seller shall be revoked.
   § 33. Paragraph (a) of subdivision 1  and  subdivision  3  of  section
 400.10  of  the  penal law, as amended by chapter 1 of the laws of 2013,
 are amended to read as follows:
   (a) Any owner or  other  person  lawfully  in  possession  of:  (i)  a
 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
 on;  (ii)  IN  THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX,
 ammunition as well as a firearm, rifle or shotgun who suffers  the  loss
 or  theft  of such ammunition as well as a firearm, rifle or shotgun; or
 (iii) IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, ammu-
 nition and is a dealer in firearms or seller of ammunition  who  suffers
 the  loss  or theft of such ammunition shall within twenty-four hours of
 the discovery of the loss or theft report the facts and circumstances of
 the loss or theft to a police department or sheriff's office.
   3. Notwithstanding any other provision of law, a  violation  of  para-
 graph  (a) of subdivision one of this section shall be [a class A misde-
 meanor] PUNISHABLE ONLY BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
   § 34. Section 2509 of the surrogate's court procedure act, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
 § 2509. Firearms inventory

 S. 3636                            26
 
   Whenever, by regulation, rule or statute, a fiduciary or  attorney  of
 record  IN THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX must
 file a list of assets constituting a decedent's estate, such  list  must
 include  a  particularized  description  of  every  firearm, shotgun and
 rifle,  as  such  terms  are defined in section 265.00 of the penal law,
 that are part of such estate. Such list must be filed  with  the  surro-
 gate's  court  in  the county in which the estate proceeding, if any, is
 pending and a copy must be filed with the division of  criminal  justice
 services.
   § 35. This act shall take effect immediately.