S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1023--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by M. of A. PAULIN, GRIFFIN -- read once and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule 3, sec. 2 --  reported  and  referred  to  the
   Committee  on Ways and Means -- reported and referred to the Committee
   on  Rules  --  Rules  Committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to requiring reporting on
   a  seized  or  recovered gun to the criminal gun clearinghouse; and to
   amend the general business law and  the  penal  law,  in  relation  to
   preventing  the  unlawful  sale  of  firearms, rifles, and shotguns to
   individuals with a criminal record
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 4 and 5 of section 230 of the executive law,
 as added by chapter 189 of the laws of 2000, are amended and  three  new
 subdivisions 7, 8 and 9 are added to read as follows:
   4.  The superintendent of the division of state police shall establish
 and maintain within the division  a  criminal  gun  clearinghouse  as  a
 central  repository of information regarding all guns seized, forfeited,
 found or otherwise coming into the possession of any state or local  law
 enforcement  agency  which are believed to have been used in the commis-
 sion of a crime. The superintendent of  the  division  of  state  police
 shall  adopt and promulgate regulations prescribing reporting procedures
 for such state or local law enforcement agencies, including the form for
 reporting such information. In addition to any other  information  which
 the superintendent of the division of state police may require, the form
 shall  require (a) the serial number or other identifying information on
 the gun, if available and (b) a brief description of  the  circumstances
 under  which  the  gun  came  into the possession of the law enforcement
 agency, including the crime which was or may have  been  committed  with
 the  gun.    WHENEVER  A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02111-03-2
              

 A. 1023--A                          2
 
 RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED,  RECOVERED  FROM  A  CRIME
 SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH
 THE  COMMISSION  OF A CRIME OR IS OTHERWISE RECOVERED AS AN ABANDONED OR
 DISCARDED  GUN,  THE AGENCY SHALL REPORT SUCH SEIZED OR RECOVERED GUN TO
 THE CRIMINAL GUN CLEARINGHOUSE AS SOON AS PRACTICABLE, BUT  IN  NO  CASE
 MORE  THAN  TWENTY-FOUR  HOURS  AFTER THE AGENCY HAS TAKEN POSSESSION OF
 SUCH GUN. EVERY REPORT MADE  TO  THE  CRIMINAL  GUN  CLEARINGHOUSE  WILL
 RESULT  IN  THE  PROMPT  SUBMISSION OF A REQUEST TO THE NATIONAL TRACING
 CENTER OF THE BUREAU OF ALCOHOL, TOBACCO,  FIREARMS  AND  EXPLOSIVES  TO
 TRACE  THE  MOVEMENT  OF THE SUBJECT GUN AND SUCH FEDERAL AGENCY WILL BE
 REQUESTED TO PROVIDE THE RESULTS OF SUCH A TRACE TO  THE  SUPERINTENDENT
 OF  THE  DIVISION OF STATE POLICE AND TO THE LAW ENFORCEMENT AGENCY THAT
 SUBMITTED THE CLEARINGHOUSE REPORT.
   5. [In any case where a state or local law enforcement agency investi-
 gates the commission of a crime in this state  and  a  specific  gun  is
 known  to  have  been  used  in  such  crime, such agency shall submit a
 request to the national tracing center of the United  States  Department
 of  Treasury, bureau of alcohol, tobacco and firearms to trace the move-
 ment of such gun and such federal agency shall be requested  to  provide
 the  superintendent  of  the  division of state police and the local law
 enforcement agency with the results of such a  trace.  This  subdivision
 shall  not  apply  where the source of a gun is already known to a local
 law enforcement agency.] ALL STATE AND LOCAL  LAW  ENFORCEMENT  AGENCIES
 SHALL  PARTICIPATE  IN  THE  BUREAU  OF  ALCOHOL,  TOBACCO, FIREARMS AND
 EXPLOSIVES COLLECTIVE DATA SHARING PROGRAM FOR THE  PURPOSE  OF  SHARING
 GUN  TRACE  REPORTS AMONG ALL LAW ENFORCEMENT AGENCIES IN THE STATE ON A
 RECIPROCAL BASIS.
   7. (A) WHENEVER A STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY  SEIZES  OR
 RECOVERS  A  GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM THE SCENE
 OF A CRIME, OR IS REASONABLY BELIEVED TO HAVE BEEN  USED  OR  ASSOCIATED
 WITH  THE  COMMISSION  OF  A  CRIME, OR IS RECOVERED BY THE AGENCY AS AN
 ABANDONED OR DISCARDED GUN, THE AGENCY SHALL ARRANGE FOR EVERY SUCH  GUN
 THAT  IS DETERMINED TO BE SUITABLE FOR TEST-FIRING AND OF A TYPE THAT IS
 ELIGIBLE FOR NATIONAL  INTEGRATED  BALLISTIC  INFORMATION  NETWORK  DATA
 ENTRY  AND  CORRELATION TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE
 RESULTS OF THAT TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL
 INTEGRATED BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER THE GUN IS
 ASSOCIATED OR RELATED TO A CRIME,  CRIMINAL  EVENT,  OR  ANY  INDIVIDUAL
 ASSOCIATED  OR  RELATED  TO  A  CRIME  OR  CRIMINAL  EVENT OR REASONABLY
 BELIEVED TO BE ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
   (B) WHENEVER A STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY  RECOVERS  ANY
 AMMUNITION  CARTRIDGE  CASE  THAT  IS  OF  A  TYPE  THAT IS ELIGIBLE FOR
 NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND  CORRE-
 LATION  AT  A  CRIME SCENE, OR HAS REASON TO BELIEVE THAT SUCH RECOVERED
 AMMUNITION CARTRIDGE CASE IS RELATED TO OR ASSOCIATED WITH  THE  COMMIS-
 SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, THE AGENCY SHALL, AS
 SOON  AS  PRACTICABLE,  ARRANGE  FOR  THE  BALLISTICS  INFORMATION TO BE
 SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK.
   8. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS
 ANY GUN, THE AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL,  CALIBER,  AND
 SERIAL  NUMBER  OF  THE  GUN  INTO THE NATIONAL CRIME INFORMATION CENTER
 (NCIC) SYSTEM TO DETERMINE WHETHER THE GUN WAS REPORTED STOLEN.
   9. THE SUPERINTENDENT MAY ADOPT RULES AND  REGULATIONS  TO  EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   § 2. The general business law is amended by adding a new article 39-BB
 to read as follows:
 A. 1023--A                          3
 
                               ARTICLE 39-BB
                 PREVENTING THE UNLAWFUL SALE OF FIREARMS,
        RIFLES, AND SHOTGUNS TO INDIVIDUALS WITH A CRIMINAL RECORD
 SECTION 875-A. DEFINITIONS.
         875-B. SECURITY.
         875-C. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS.
         875-D. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.
         875-E. EMPLOYEE TRAINING.
         875-F. MAINTENANCE OF RECORDS.
         875-G. INTERNAL COMPLIANCE, CERTIFICATION, AND REPORTING.
         875-H. RULES AND REGULATIONS.
         875-I. VIOLATIONS.
   § 875-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "DEALER" MEANS A GUNSMITH OR DEALERS IN FIREARMS LICENSED PURSUANT
 TO SECTION 400.00 OF THE PENAL LAW.
   2. "DISPOSE OF" OR "DISPOSITION OF" MEANS TO GIVE, GIVE  AWAY,  LEASE,
 LEND, KEEP FOR SALE, OFFER, OFFER FOR SALE, SELL, OR TRANSFER.
   3.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
 SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   4. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
 ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
   5. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
 SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
   6.  "STRAW  PURCHASE" MEANS THE PURCHASE, OR ATTEMPT TO PURCHASE, BY A
 PERSON OF A FIREARM, RIFLE, SHOTGUN OR AMMUNITION FOR, ON BEHALF OF,  OR
 FOR  THE  USE  OF  ANOTHER  PERSON  KNOWN OR UNKNOWN. THE TERM SHALL NOT
 INCLUDE A BONA FIDE GIFT TO A PERSON WHO IS NOT PROHIBITED FROM POSSESS-
 ING OR RECEIVING SUCH A FIREARM. FOR PURPOSES  OF  THIS  SUBDIVISION,  A
 GIFT TO A PERSON SHALL NOT BE A BONA FIDE GIFT IF THE PERSON HAS OFFERED
 OR  GIVEN  THE  PURCHASER  A  SERVICE  OR  THING OF VALUE TO ACQUIRE THE
 FIREARM FOR THE PERSON.
   7. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
   § 875-B. SECURITY. 1.  EVERY DEALER SHALL IMPLEMENT  A  SECURITY  PLAN
 FOR  SECURING  FIREARMS, RIFLES AND SHOTGUNS, INCLUDING FIREARMS, RIFLES
 AND SHOTGUNS IN SHIPMENT. THE PLAN SHALL SATISFY AT LEAST THE  FOLLOWING
 REQUIREMENTS:
   (A)  ALL  FIREARMS,  RIFLES  AND SHOTGUNS SHALL BE SECURED, OTHER THAN
 DURING BUSINESS HOURS, IN A LOCKED FIREPROOF SAFE OR VAULT ON THE  DEAL-
 ER'S  BUSINESS  PREMISES OR IN A SECURED AND LOCKED AREA ON THE DEALER'S
 BUSINESS PREMISES; AND
   (B) AMMUNITION SHALL BE STORED SEPARATELY FROM  FIREARMS,  RIFLES  AND
 SHOTGUNS AND OUT OF REACH OF CUSTOMERS.
   2. THE DEALER'S BUSINESS PREMISES SHALL BE SECURED BY A SECURITY ALARM
 SYSTEM  THAT  IS  INSTALLED  AND MAINTAINED BY A SECURITY ALARM OPERATOR
 PROPERLY LICENSED PURSUANT TO ARTICLE SIX-D OF THIS CHAPTER.   STANDARDS
 FOR  SUCH SECURITY ALARM SYSTEMS SHALL BE ESTABLISHED BY THE SUPERINTEN-
 DENT IN REGULATION. SUCH SECURITY ALARM SYSTEMS MAY BE  DEVELOPED  BY  A
 FEDERAL  OR  STATE  AGENCY,  A  NOT-FOR-PROFIT  ORGANIZATION, OR ANOTHER
 ENTITY SPECIALIZING IN SECURITY ALARM  STANDARDS APPROVED BY THE  SUPER-
 INTENDENT FOR THE PURPOSES OF THIS ACT.  THE SECURITY ALARM SYSTEM SHALL
 BE  CAPABLE  OF BEING MONITORED BY A CENTRAL STATION, AND SHALL PROVIDE,
 AT A MINIMUM, COMPLETE PROTECTION  AND  MONITORING  FOR  ALL  ACCESSIBLE
 OPENINGS,  AND PARTIAL MOTION AND SOUND DETECTION AT CERTAIN OTHER AREAS
 OF THE PREMISES.   THE DEALER LOCATION SHALL  ADDITIONALLY  BE  EQUIPPED
 WITH  A  VIDEO  RECORDING DEVICE AT EACH POINT OF SALE AND EACH ENTRANCE
 AND EXIT TO THE PREMISES, WHICH SHALL BE RECORDED FROM BOTH  THE  INDOOR
 A. 1023--A                          4
 
 AND OUTDOOR VANTAGE POINT AND SHALL MAINTAIN SUCH RECORDINGS FOR A PERI-
 OD OF NOT LESS THAN TWO YEARS.
   § 875-C. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS. EVERY RETAIL DEALER
 SHALL  EXCLUDE  ALL  PERSONS  UNDER  EIGHTEEN  YEARS  OF  AGE FROM THOSE
 PORTIONS OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS, OR AMMUNITION
 ARE STOCKED OR SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY  A  PARENT  OR
 GUARDIAN.
   §  875-D.  LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES. EVERY DEALER
 SHALL SELL OR OTHERWISE DISPOSE OF FIREARMS, RIFLES, AND  SHOTGUNS  ONLY
 AT  THE  LOCATION  LISTED ON THE DEALER'S FEDERAL FIREARMS LICENSE OR AT
 GUN SHOWS.
   § 875-E. EMPLOYEE TRAINING. 1.  EVERY DEALER SHALL PROVIDE THE  TRAIN-
 ING  DEVELOPED BY THE SUPERINTENDENT PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF  EMPLOYMENT,  TO  ALL
 EXISTING  EMPLOYEES  WITHIN  NINETY  DAYS  OF THE EFFECTIVE DATE OF THIS
 SECTION, AND TO ALL EMPLOYEES ANNUALLY THEREAFTER.
   2. THE SUPERINTENDENT SHALL DEVELOP AND MAKE AVAILABLE TO EACH DEALER,
 A TRAINING COURSE IN THE CONDUCT OF FIREARM, RIFLE, AND  SHOTGUN  TRANS-
 FERS INCLUDING AT A MINIMUM THE FOLLOWING:
   (A)  FEDERAL  AND  STATE  LAWS  GOVERNING  FIREARM, RIFLE, AND SHOTGUN
 TRANSFERS.
   (B) HOW TO RECOGNIZE, IDENTIFY, RESPOND, AND REPORT  STRAW  PURCHASES,
 ILLEGAL PURCHASES, AND FRAUDULENT ACTIVITY.
   (C)  HOW TO RECOGNIZE, IDENTIFY, RESPOND, AND REPORT AN INDIVIDUAL WHO
 INTENDS TO USE A FIREARM,  RIFLE,  OR  SHOTGUN  FOR  UNLAWFUL  PURPOSES,
 INCLUDING SELF-HARM.
   (D) HOW TO PREVENT, RESPOND, AND REPORT THEFT OR BURGLARY OF FIREARMS,
 RIFLES, SHOTGUNS, AND AMMUNITION.
   (E) HOW TO EDUCATE CUSTOMERS ON RULES OF GUN SAFETY, INCLUDING BUT NOT
 LIMITED  TO  THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES, SHOTGUNS
 AND AMMUNITION.
   (F) SUCH OTHER TOPICS THE SUPERINTENDENT DEEMS NECESSARY AND APPROPRI-
 ATE.
   3. NO EMPLOYEE OR AGENT OF ANY RETAIL DEALER SHALL PARTICIPATE IN  THE
 SALE  OR DISPOSITION OF FIREARMS, RIFLES, OR SHOTGUNS UNLESS SUCH PERSON
 IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE  TRAINING
 REQUIRED  BY  THIS  SECTION.  THE  SUPERINTENDENT SHALL PROMULGATE REGU-
 LATIONS SETTING  FORTH  MINIMUM  REQUIREMENTS  FOR  THE  MAINTENANCE  OF
 RECORDS OF SUCH TRAINING.
   §  875-F.    MAINTENANCE  OF RECORDS. EVERY DEALER SHALL ESTABLISH AND
 MAINTAIN A BOOK, OR IF THE DEALER  SHOULD  CHOOSE,  AN  ELECTRONIC-BASED
 RECORD  OF  PURCHASE, SALE, INVENTORY, AND OTHER RECORDS AT THE DEALER'S
 PLACE OF BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPERINTENDENT
 SHALL REQUIRE, AND SHALL SUBMIT A COPY OF SUCH RECORDS TO THE  NEW  YORK
 STATE  POLICE  EVERY  APRIL AND OCTOBER. SUCH RECORDS SHALL AT A MINIMUM
 INCLUDE THE FOLLOWING:
   1. THE MAKE, MODEL, CALIBER OR GAUGE, MANUFACTURER'S NAME, AND  SERIAL
 NUMBER  OF  ALL  FIREARMS,  RIFLES  AND  SHOTGUNS  THAT  ARE ACQUIRED OR
 DISPOSED OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR  ACQUISITION  OR
 DISPOSITION.  MONTHLY  BACKUPS  OF THESE RECORDS KEPT IN A BOOK SHALL BE
 MAINTAINED IN A SECURE CONTAINER  DESIGNED  TO  PREVENT  LOSS  BY  FIRE,
 THEFT,  OR  FLOOD. IF THE DEALER CHOOSES TO MAINTAIN AN ELECTRONIC-BASED
 RECORD SYSTEM, THOSE RECORDS SHALL BE BACKED UP ON AN EXTERNAL SERVER OR
 OVER THE INTERNET AT THE CLOSE OF EACH BUSINESS DAY;
 A. 1023--A                          5
 
   2. ALL FIREARMS, RIFLES AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED  OF
 SHALL  BE  ACCOUNTED  FOR  THROUGH AN INVENTORY CHECK PREPARED ONCE EACH
 MONTH AND MAINTAINED IN A SECURE LOCATION;
   3.  FIREARM,  RIFLE AND SHOTGUN DISPOSITION INFORMATION, INCLUDING THE
 SERIAL NUMBERS OF FIREARMS, RIFLES AND SHOTGUNS SOLD, DATES OF SALE, AND
 IDENTITY OF PURCHASERS, SHALL BE MAINTAINED AND MADE  AVAILABLE  AT  ANY
 TIME  TO  GOVERNMENT LAW ENFORCEMENT AGENCIES AND TO THE MANUFACTURER OF
 THE WEAPON OR ITS DESIGNEE; AND
   4. EVERY DEALER SHALL MAINTAIN RECORDS OF CRIMINAL FIREARM, RIFLE  AND
 SHOTGUN  TRACES  INITIATED  BY  THE  FEDERAL BUREAU OF ALCOHOL, TOBACCO,
 FIREARMS AND EXPLOSIVES ("ATF"). ALL ATF FORM 4473  TRANSACTION  RECORDS
 SHALL BE RETAINED ON THE DEALER'S BUSINESS PREMISES IN A SECURE CONTAIN-
 ER DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR FLOOD.
   §  875-G. INTERNAL COMPLIANCE, CERTIFICATION, AND REPORTING.  1. EVERY
 DEALER SHALL:
   (A) IMPLEMENT AND MAINTAIN SUFFICIENT INTERNAL  COMPLIANCE  PROCEDURES
 TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE; AND
   (B)  ANNUALLY  CERTIFY  TO  THE  SUPERINTENDENT  THAT  SUCH DEALER HAS
 COMPLIED WITH ALL OF THE REQUIREMENTS OF THIS ARTICLE.  THE  SUPERINTEN-
 DENT  SHALL  BY REGULATION DETERMINE THE FORM AND CONTENT OF SUCH ANNUAL
 CERTIFICATION.
   2. (A) THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS REQUIRING PERI-
 ODIC INSPECTIONS OF NOT LESS THAN ONE INSPECTION OF EVERY  DEALER  EVERY
 THREE YEARS, DURING REGULAR AND USUAL BUSINESS HOURS, BY THE DIVISION OF
 STATE  POLICE OF THE PREMISES OF EVERY DEALER TO DETERMINE COMPLIANCE BY
 SUCH DEALER WITH THE REQUIREMENTS OF THIS ARTICLE.  EVERY  DEALER  SHALL
 PROVIDE  THE  DIVISION OF STATE POLICE WITH FULL ACCESS TO SUCH DEALER'S
 PREMISES FOR SUCH INSPECTIONS.
   (B) THE SUPERINTENDENT SHALL PREPARE AN ANNUAL REPORT PROVIDING INFOR-
 MATION ON THE NUMBER OF DEALERS INSPECTED ANNUALLY, THE NUMBER OF  DEAL-
 ERS  IN  COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE, THE NUMBER OF
 DEALERS FAILING TO COMPLY WITH THE REQUIREMENTS  OF  THIS  ARTICLE,  AND
 OTHER  INFORMATION THAT THE SUPERINTENDENT DEEMS NECESSARY AND APPROPRI-
 ATE. THE FIRST REPORT SHALL BE DELIVERED TO THE GOVERNOR,  THE  MAJORITY
 LEADER  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, AND SHALL BE MADE
 AVAILABLE TO THE PUBLIC ON THE DIVISION OF STATE POLICE WEBSITE,  ON  OR
 BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FOUR AND ANNUALLY THEREAFTER.
   § 875-H. RULES AND REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE SUCH
 ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
 SARY  TO PREVENT FIREARMS, RIFLES, AND SHOTGUNS FROM BEING DIVERTED FROM
 THE LEGAL STREAM OF COMMERCE.
   § 875-I. VIOLATIONS. ANY PERSON, FIRM, OR  CORPORATION  WHO  KNOWINGLY
 VIOLATES  ANY  PROVISION  OF  THIS  ARTICLE SHALL BE GUILTY OF A CLASS A
 MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN THE PENAL LAW.
   § 3. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
 vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12
 as amended by chapter 129 of the laws of 2019, are amended  to  read  as
 follows:
   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 operate
 as a revocation of the license. A license may be revoked or suspended as
 provided for in section 530.14 of the criminal procedure law or  section
 eight  hundred forty-two-a of the family court act. Except for a license
 issued pursuant to section 400.01 of this  article,  a  license  may  be
 revoked  and  cancelled  at any time in the city of New York, and in the
 A. 1023--A                          6
 
 counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
 than  in  the  city  of  New  York by any judge or justice of a court of
 record; a license issued pursuant to section 400.01 of this article  may
 be  revoked  and  cancelled  at any time by the licensing officer or any
 judge or justice of a court of record. A LICENSE TO ENGAGE IN THE  BUSI-
 NESS  OF  DEALER  MAY  BE  REVOKED OR SUSPENDED FOR ANY VIOLATION OF THE
 PROVISIONS OF ARTICLE THIRTY-NINE-BB OF THE GENERAL  BUSINESS  LAW.  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 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] IN
 ADDITION TO THE REQUIREMENTS SET FORTH IN ARTICLE THIRTY-NINE-BB OF  THE
 GENERAL  BUSINESS  LAW,  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 superintendent 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 identification 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, 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
 A. 1023--A                          7
 
 delivering a firearm to any person, and a duplicate copy shall  be  kept
 by  the  licensee. The superintendent of state police may designate that
 such record shall be completed and transmitted  in  electronic  form.  A
 dealer  may  be granted a waiver from transmitting such records in elec-
 tronic form if the superintendent determines that such dealer is incapa-
 ble 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  estab-
 lished  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 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 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.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, such judgment shall not affect,  impair  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  section  or part thereof directly involved in the
 controversy in which such judgment shall have been rendered.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.