S T A T E O F N E W Y O R K
________________________________________________________________________
3097
2025-2026 Regular Sessions
I N S E N A T E
January 23, 2025
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to revocation or suspension
of a license to carry or possess a firearm
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 11 of section 400.00 of the
penal law, as amended by chapter 371 of the laws of 2022, is amended to
read as follows:
(a) The conviction of a licensee 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; PROVIDED THAT
A REVOCATION OR SUSPENSION OF A LICENSE UNDER SUCH SECTIONS SHALL ONLY
OCCUR WHERE A TEMPORARY ORDER OF PROTECTION OR AN ORDER OF PROTECTION
HAS BEEN ISSUED, OR A TEMPORARY ORDER OF PROTECTION OR AN ORDER OF
PROTECTION HAS BEEN WILLFULLY VIOLATED. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06958-01-5
S. 3097 2
also notify immediately the duly constituted police authorities of the
locality. The licensing officer shall revoke any license issued in which
an applicant knowingly made a material false statement on the applica-
tion. 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.
§ 2. This act shall take effect immediately.