Senate Bill S1655

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1655
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 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 penal law, in relation to requiring application  for
   a  license  to  carry or possess a pistol or revolver to be acted upon
   within 180 days of the receipt thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of subdivision 3 of section 400.00 of the
 penal law, as amended by chapter 212 of the laws of 2022, is amended  to
 read as follows:
   (a)  (I)  Applications  shall  be  made  and renewed, in the case of a
 license to carry or possess a pistol or revolver or to purchase or  take
 possession  of  a  semiautomatic  rifle, to the licensing officer in the
 city or county, as the case may be,  where  the  applicant  resides,  is
 principally  employed  or  has his or her principal place of business as
 merchant or storekeeper; and, in the case of a license  as  gunsmith  or
 dealer  in  firearms, to the licensing officer where such place of busi-
 ness is located. Blank applications shall, except in  the  city  of  New
 York,  be  approved as to form by the superintendent of state police. An
 application shall state the full name, date of birth, residence, present
 occupation of each person or individual signing the same, whether or not
 he or she is a citizen of the United States, whether or not  he  or  she
 complies  with each requirement for eligibility specified in subdivision
 one of this section and such other facts as may be required to show  the
 good  character,  competency  and integrity of each person or individual
 signing the application. An application shall be signed and verified  by
 the  applicant.  Each individual signing an application shall submit one
 photograph of himself or herself and a duplicate for each required  copy
 of the application. Such photographs shall have been taken within thirty
 days  prior  to filing the application. In case of a license as gunsmith
 or dealer in firearms, the photographs submitted  shall  be  two  inches
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05599-01-3
              

 S. 1655                             2
 
 square,  and the application shall also state the previous occupation of
 each individual signing the same and the location of the place  of  such
 business,  or  of the bureau, agency, subagency, office or branch office
 for  which  the license is sought, specifying the name of the city, town
 or village, indicating the street and number and otherwise  giving  such
 apt description as to point out reasonably the location thereof. In such
 case,  if the applicant is a firm, partnership or corporation, its name,
 date and place of formation, and principal place of  business  shall  be
 stated.  For  such  firm or partnership, the application shall be signed
 and verified by each individual composing or intending  to  compose  the
 same, and for such corporation, by each officer thereof.
   (II)  IN THE CASE OF EACH APPLICATION FOR THE ISSUANCE OR RENEWAL OF A
 LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER, THE LICENSING  OFFICER
 SHALL  PROVIDE WRITTEN NOTICE TO THE APPLICANT OF THE APPROVAL OR DENIAL
 OF SUCH APPLICATION WITHIN ONE HUNDRED EIGHTY DAYS OF THE RECEIPT OF THE
 APPLICATION BY THE APPROPRIATE COUNTY OR CITY. IN THE EVENT SUCH  NOTICE
 IS NOT PROVIDED WITHIN ONE HUNDRED EIGHTY DAYS, THE COUNTY OR CITY SHALL
 PROVIDE  TO  THE  APPLICANT, A REFUND OF ALL FEES AND CHARGES ASSOCIATED
 WITH THE SUBMISSION OF THE APPLICATION, UNLESS THE  FAILURE  TO  PROVIDE
 TIMELY  NOTICE  WAS DUE TO A FACTOR OR FACTORS BEYOND THE CONTROL OF THE
 CITY OR COUNTY AND THE LICENSING OFFICER.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.