Limits the application of the "safe act" to the counties of Kings, Queens, Richmond, New York and Bronx; repealer
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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 16, 2025 |
referred to codes |
S T A T E O F N E W Y O R K
________________________________________________________________________
2316
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. SMULLEN, DiPIETRO -- read once and referred 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.
LBD05876-01-5
A. 2316 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, the subdivision headings
and opening paragraphs as amended by chapter 577 of the laws of 2022,
paragraphs (a) and (b) of subdivision 1 as amended by section 8 of part
M, paragraphs (a) and (b) of subdivision 2 as amended by section 9 of
part M, and paragraphs (a) and (b) of subdivision 3 as amended by
section 10 of part M of chapter 55 of the laws of 2020, paragraph (c) of
subdivision 1, paragraph (c) of subdivision 2 and paragraph (c) of
subdivision 3, as amended by chapter 576 of the laws of 2022, 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 the court
shall inquire of the respondent and, outside of the presence of the
respondent, the petitioner or, if the petitioner is not the protected
party, any party protected by such order, if the court has reason to
believe that such petitioner or protected party would have actual know-
ledge or reason to know such information, as to the existence and
location of any firearm, rifle or shotgun owned or possessed by the
respondent and:
(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-
A. 2316 3
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 shall where the defendant willfully refuses to surrender
such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
this subdivision, or may 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.
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, IN THE COUNTY
OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, or pursuant to article
four, five, six, seven or ten of this act the court shall inquire of the
respondent and, outside of the presence of the respondent, the petition-
er or, if the petitioner is not the protected party, any party protected
by such order, if the court has reason to believe that such petitioner
or protected party would have actual knowledge or reason to know such
information, as to the existence and location of any firearm, rifle or
shotgun owned or possessed by the respondent and:
(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
A. 2316 4
(c) the court shall where the defendant willfully refuses to surrender
such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
this subdivision, or may 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
jurisdiction, in addition to any other remedies available pursuant to
section eight hundred forty-six-a of this part the court shall inquire
of the respondent and, outside the presence of the respondent, the peti-
tioner or, if the petitioner is not the protected party, any party
protected by such order, if the court has reason to believe that such
petitioner or protected party would have actual knowledge or reason to
know such information, as to the existence and location of any firearm,
rifle or shotgun owned or possessed by the respondent and:
(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
A. 2316 5
(c) the court shall where the defendant willfully refuses to surrender
such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of
this subdivision, or may 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
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
A. 2316 6
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
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
A. 2316 7
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
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 577 of the laws of 2022 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 the court shall inquire of the defendant and the
prosecutor as to the existence and location of any firearm, rifle or
shotgun reasonably believed to be owned or possessed by the defendant,
and the prosecutor will make reasonable efforts to obtain such informa-
tion regarding the same and present it to the court and:
(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 577 of the laws of 2022 and paragraph (b) as amended
A. 2316 8
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 the court shall inquire of the defendant and the
prosecutor as to the existence and location of any firearm, rifle or
shotgun reasonably believed to be owned or possessed by the defendant,
and the prosecutor will make reasonable efforts to obtain such informa-
tion regarding the same and present it to the court and:
(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 577 of the laws of 2022 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
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 the court shall inquire of the defendant and the
prosecutor as to the existence and location of any firearm, rifle or
shotgun reasonably believed to be owned or possessed by the defendant,
and the prosecutor will make reasonable efforts to obtain such informa-
tion regarding the same and present it to the court and:
(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
A. 2316 9
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] FOR WHOM a guardian HAS
BEEN appointed for [him or her] pursuant to any provision of state law,
based on a determination that as a result of marked subnormal intelli-
gence, mental illness, incapacity, condition or disease, [he or she
lacks the] A LACK OF mental capacity to contract or manage [his or her]
THE PERSON'S 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 investigation 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
A. 2316 10
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
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] THE MENTAL HEALTH PROFESSIONAL shall
be required to report, as soon as practicable, to the director of commu-
nity services, or the director's designee, who shall report to the divi-
sion of criminal justice services [whenever he or she] THE DIRECTOR OR
THE DIRECTOR'S DESIGNEE 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 iden-
tifying 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.
A. 2316 11
§ 20. Subdivision 22 of section 265.00 of the penal law, as amended by
chapter 1 of the laws of 2013, paragraph (h) as amended by chapter 209
of the laws of 2022, 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:
(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;
A. 2316 12
(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;
[(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;
A. 2316 13
[(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) of this
subdivision] SUBPARAGRAPH (V) OR (VI) OF 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 transfer 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 such transfer. An individual who transfers any such
weapon to an individual inside New York state or without complying with
the provisions of this paragraph shall be guilty of a class A misdemea-
nor.
§ 21. Subdivision 23 of section 265.00 of the penal law, as amended by
chapter 209 of the laws of 2022, is amended to read as follows:
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, that has a capacity of, or that can
be readily restored or converted to accept, more than ten 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 replicas 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 registered within thirty days
of their transfer into the state. Notwithstanding paragraph (h) of
A. 2316 14
subdivision twenty-two of this section, such feeding 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] SUCH PERSON, BEING A RESIDENT OF THE COUNTY OF KINGS, QUEENS, RICH-
MOND, 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 subdivision.
§ 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:
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
A. 2316 15
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 265.37 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.
§ 26. Subdivision 1 of section 265.45 of the penal law, as amended by
chapter 371 of the laws of 2022, is amended to read as follows:
1. 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 eighteen years of age;
(ii) such person knows or has reason to know is prohibited from possess-
ing a rifle, shotgun or firearm pursuant to a temporary or final extreme
risk protection order issued under article sixty-three-A of the civil
practice 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 felo-
ny or a serious offense, shall store or otherwise leave such rifle,
shotgun or firearm out of [his or her] SUCH PERSON'S 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.
§ 27. Subdivision 1 of section 400.00 of the penal law, as separately
amended by chapters 371 and 669 of the laws of 2022, 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, which, for the purposes of this
article, shall mean having the essential character, temperament and
judgement necessary to be entrusted with a weapon and to use it only in
a manner that does not endanger oneself or others; (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
a noncitizen (i) is not illegally or unlawfully in the United States or
(ii) has not been admitted to the United States under a nonimmigrant
visa subject to the exception 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 citizen of the United States, has not renounced [his
or her] THEIR citizenship; (i) who has stated whether [he or she] THE
APPLICANT has ever suffered any mental illness; (j) who, BEING A RESI-
DENT OF THE COUNTY OF KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, has
not been involuntarily committed to a facility under the jurisdiction of
A. 2316 16
an office of the department of mental hygiene pursuant to article nine
or fifteen of the mental hygiene law, article seven hundred thirty or
section 330.20 of the criminal procedure law or substantially similar
laws of any other state, section four hundred two or five hundred eight
of the correction law, section 322.2 or 353.4 of the family court act,
has not been civilly confined in a secure treatment facility pursuant to
article ten of the mental hygiene law, or has not been the subject of a
report made pursuant to section 9.46 of the mental hygiene law; (k) who
has not had a license revoked or who is not under a suspension or inel-
igibility order issued pursuant to the provisions of section 530.14 of
the criminal procedure law or section eight hundred forty-two-a of the
family court act; (l) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced by a certif-
icate of completion issued in [his or her] THE APPLICANT'S 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; (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, provided, however,
persons with a license issued under paragraph (f) of subdivision two of
this section prior to the effective date of the laws of two thousand
twenty-two which amended this paragraph shall be required to complete
the training required by subdivision nineteen of this section prior to
the recertification of such license; and (iii) persons applying for a
license under paragraph (f) of subdivision two of this section on or
after the effective date of the chapter of the laws of two thousand
twenty-two which amended this paragraph who shall be required to
complete the training required under subdivision nineteen of this
section for such license; (m) who, BEING A RESIDENT OF THE COUNTY OF
KINGS, QUEENS, RICHMOND, NEW YORK OR BRONX, [has not had] FOR WHOM a
guardian HAS NOT BEEN 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, incompetency, incapacity,
condition or disease, [he or she] SUCH APPLICANT lacks the mental capac-
ity to contract or manage [his or her] THE APPLICANT'S own affairs; (n)
for a license issued under paragraph (f) of subdivision two of this
section, that the applicant has not been convicted within five years of
the date of the application of any of the following: (i) assault in the
third degree, as defined in section 120.00 of this chapter; (ii) misde-
meanor driving while intoxicated, as defined in section eleven hundred
ninety-two of the vehicle and traffic law; or (iii) menacing, as defined
in section 120.15 of this chapter; and (o) for a license issued under
paragraph (f) of subdivision two of this section, the applicant shall
meet in person with the licensing officer for an interview and shall, in
addition to any other information or forms required by the license
application submit to the licensing officer the following information:
(i) names and contact information for the applicant's current spouse, or
domestic partner, any other adults residing in the applicant's home,
including any adult children of the applicant, and whether or not there
are minors residing, full time or part time, in the applicant's home;
(ii) names and contact information of no less than four character refer-
A. 2316 17
ences who can attest to the applicant's good moral character and that
such applicant has not engaged in any acts, or made any statements that
suggest they are likely to engage in conduct that would result in harm
to themselves or others; (iii) certification of completion of the train-
ing required in subdivision nineteen of this section; (iv) a list of
former and current social media accounts of the applicant from the past
three years to confirm the information regarding the applicants charac-
ter and conduct as required in subparagraph (ii) of this paragraph; and
(v) such other information required by the licensing officer that is
reasonably necessary and related to the review of the licensing applica-
tion.
§ 28. Subdivisions 4, 5, 10, 11 and 12 of section 400.00 of the penal
law, subdivisions 4, 10 and 11 as amended by chapter 371 of the laws of
2022, subdivision 5 as amended by chapter 1 of the laws of 2013, subpar-
agraph (iii) of paragraph (e) of subdivision 5 as amended by chapter 244
of the laws of 2019, and subdivision 12 as amended by chapter 207 of the
laws of 2022, 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
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 shall be forwarded to the investigating
officer and shall be made without unnecessary delay. Thereafter, such
division shall notify the licensing officer and the executive depart-
ment, 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 investi-
gation, as the case may be, shall be forwarded to that bureau at Wash-
ington with a request that the files of the bureau be searched and
A. 2316 18
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 shall
remain on file with the investigating police authority. No such finger-
prints may be inspected by any person other than a peace officer, who is
acting pursuant to [his or her] THE OFFICER'S 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 investi-
gation, 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] SUCH LICENSEE'S place of residence such
records or applications shall be transferred to the appropriate officer
at the licensee's new place of residence. A duplicate copy of such
application shall be filed by the licensing officer in the executive
department, division of state police, Albany, within ten days after
issuance of the license. The superintendent of state police may desig-
nate 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 information. Such information shall be limited to the
license holder's name, date of birth, gender, race, residential address,
social security number and firearms possessed by said license holder.
Nothing in this subdivision 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 estab-
lished 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] THE APPLICANT'S
application information becoming public record pursuant to paragraph (a)
A. 2316 19
of this subdivision. Such forms, which shall also be made available to
individuals who had applied for or been granted a license prior to the
effective date of [the] chapter ONE of the laws of two thousand thirteen
[which amended this section], shall notify applicants that, upon discov-
ery that an applicant knowingly provided false information, such appli-
cant may be subject to penalties pursuant to section 175.30 of this
chapter, and further, that [his or her] THE APPLICANT'S request for an
exception shall be null and void, provided that written notice contain-
ing such determination is provided to the applicant. Further, such forms
shall provide each applicant an opportunity to specify the grounds on
which [he or she] THE APPLICANT believes [his or her] THE APPLICANT'S
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] THE APPLICANT'S
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] THE APPLICANT
may be subject to unwarranted harassment upon disclosure of such infor-
mation.
(c) [Each form provided for recertification pursuant to paragraph (b)
of subdivision ten of this section shall include an opportunity for the
applicant to request an exception from the information provided on such
form becoming public record pursuant to paragraph (a) of this subdivi-
sion. Such forms shall notify applicants that, upon discovery that an
applicant knowingly provided false information, such applicant may be
subject to penalties pursuant to section 175.30 of this chapter, and
further, that his or her request for an exception shall be null and
void, provided that written notice containing such determination is
provided to the applicant. Further, such forms shall provide each appli-
cant an opportunity to either decline to request the grant or continua-
tion of an exception, or specify the grounds on which he or she believes
his or her information should not be publicly disclosed. These grounds,
which shall be identified in the application with a box beside each for
checking, as applicable, by the applicant, shall be the same as provided
in paragraph (b) of this subdivision.
(d)] Information submitted on the forms described in paragraph (b) of
this subdivision shall be excepted from disclosure and maintained by the
entity retaining such information separate and apart from all other
records.
A. 2316 20
[(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
in the license, shall, except as otherwise provided in paragraph [(d)]
(C) of this subdivision, 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, except as otherwise provided in paragraph [(d)] (C)
of this subdivision, be recertified every five years thereafter. For
A. 2316 21
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 at three
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, except as otherwise provided in
paragraph (d) of this subdivision. 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.
(c)] A license to purchase or take possession of a semiautomatic rifle
as defined in subdivision two of this section shall be recertified to
the applicable licensing officer every five years following the issuance
of such license. Failure to renew such a license shall be a violation
punishable by a fine not to exceed two hundred fifty dollars, and such
failure to renew shall be considered by the licensing officer when
reviewing future license applications by the license holder pursuant to
this chapter.
[(d)] (C) Licenses issued under paragraph (f) of subdivision two of
this section shall be recertified or renewed in the same form and manner
as otherwise required by this subdivision, provided however, that such
licenses shall be recertified or renewed every three years following the
issuance of such license. For licenses issued prior to the effective
A. 2316 22
date of this paragraph that were issued more than three years prior to
such date, or will expire in less than one year from such date shall be
recertified or renewed within one year of such date.
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, including engaging in conduct
that would have resulted in the denial of a license, under this section]
shall operate as or be grounds for, 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 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 business 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. The licensing offi-
cer shall revoke any license issued in which an applicant knowingly made
a material false statement on the application. Notice of a revocation
under this subdivision shall be issued in writing and shall include the
basis for the determination, which shall be supported by a preponderance
of the evidence. Such notice shall also include information regarding
the ability to appeal such decision in accordance with subdivision
four-a of this section.
(b) Whenever the director of community services IN THE COUNTIES OF
KINGS, QUEENS, RICHMOND, NEW YORK AND BRONX, or [his or her] THE DIREC-
TOR'S 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] THE OFFICER'S special duties is authorized to
remove any and all such weapons.
12. Records required of gunsmiths and dealers in firearms. 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
A. 2316 23
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]
SUCH PERSON 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 succes-
sor 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 offi-
cer 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 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 tran-
smitted in electronic form. A dealer may be granted a waiver from trans-
mitting such records in electronic form if the superintendent 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 super-
intendent. [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 offi-
cers 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] THE PEACE
OFFICER'S special duties, or police officer. In the event of cancella-
tion 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.
§ 29. 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
A. 2316 24
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
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] THE OFFICER'S 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
A. 2316 25
such weapon within such thirty-day period shall result in such weapon
being removed by an appropriate law enforcement authority and declared a
nuisance.
§ 30. Section 400.02 of the penal law is REPEALED.
§ 31. Section 400.03 of the penal law, as added by chapter 1 of the
laws of 2013, subdivision 2 as amended by chapter 371 of the laws of
2022 and subdivision 6 as separately amended by sections 8 and 19 of
chapter 371 of the laws of 2022, 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
either an electronic record, or dataset, or an organized collection of
structured information, or data, typically stored electronically in a
computer system approved as to form by the superintendent of state
police. In the record 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
delivered, and the amount, calibre, manufacturer's name and serial
number, or if none, any other distinguishing number or identification
mark on such ammunition.
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] SUPERINTENDENT shall:
(a) assign a unique identification number to the transfer; and
A. 2316 26
(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
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 or through the division of state police
once the division has been designated point of contact, a dealer or
seller shall contact the division of state police to conduct such check
which shall be sufficient to satisfy subdivisions four and five of this
section.
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.
A. 2316 27
§ 32. 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.
§ 33. 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
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.
§ 34. This act shall take effect immediately.
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