senate Bill S3378

2015-2016 Legislative Session

Relates to the filing of approved applications for licenses for the possession of firearms

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Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Feb 06, 2015 referred to codes

Co-Sponsors

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S3378 - Bill Details

See Assembly Version of this Bill:
A10394
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L

S3378 - Bill Texts

view summary

Relates to the filing of approved applications for licenses for the possession of firearms.

view sponsor memo
BILL NUMBER:S3378

TITLE OF BILL: An act to amend the penal law, in relation to the
filing of approved applications for licenses to carry, possess, repair
and dispose of firearms

PURPOSE:

This bill amends the penal law to state that pistol permit
applications and the supporting records are not public records and are
not subject to FOIL.

SUMMARY OF PROVISIONS:

Section 1 amends Penal Law 400.00(5) to state that pistol permit
applications and the supporting records are not public records and are
not subject to FOIL. This section also removes all the opt-out
provisions.

Section 2 states that this act shall take effect the first of November
next succeeding the date on which it shall have become a law.

EXISTING LAW:

Under current law, the name and address of an approved applicant for a
firearms license is a public record and subject to Freedom of
Information Law requests.

JUSTIFICATION:

This bill is one in a series of proposed reforms to the SAFE Act. As
we continue to work towards full repeal of the SAFE Act, the
provisions most devastating to law abiding citizens need to be
addressed immediately. This series of proposals is a step in the right
direction towards protecting our Second Amendment rights while
ensuring public safety.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect the first of November next succeeding the
date on which it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3378

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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  the  filing  of  approved
  applications  for  licenses  to  carry, possess, repair and dispose of
  firearms

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  5  of  section  400.00  of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  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) of  this  subdivision,
the  name  and  address]  THE  APPLICATION  AND  ANY SUPPORTING RECORDS,
INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person  to  whom  an
application  for  any  license  has  been  granted shall NOT be a public
record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.  Upon application by a licensee who has changed
his 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 offi-
cer in the executive department, division of state police, Albany, with-
in  ten  days after issuance of the license. The superintendent of state
police may designate that such application shall be transmitted  to  the
division of state police electronically. In the event the superintendent
of  the  division  of  state  police determines that it lacks any of the
records required to be filed with the division, it may request that such
records be provided to  it  by  the  appropriate  clerk,  department  or
authority  and  such  clerk,  department  or authority shall provide the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08714-01-5

S. 3378                             2

division with such records. In  the  event  such  clerk,  department  or
authority lacks such records, the division may request the license hold-
er  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 established by this
section shall be released pursuant to a court order.  Records  assembled
or  collected for purposes of inclusion in the database created pursuant
to section 400.02 of this [chapter] ARTICLE  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  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 appli-
cant to request an exception from his  or  her  application  information
becoming  public  record  pursuant to paragraph (a) 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 of the laws of two thousand thirteen which amended this section,
shall notify applicants that, upon discovery that an applicant knowingly
provided  false  information, such applicant may be subject to penalties
pursuant to section 175.30 of this chapter, and further, that his or her
request for an exception shall be null and void, provided  that  written
notice  containing  such  determination  is  provided  to the applicant.
Further, such forms shall provide each applicant an opportunity to spec-
ify the grounds on which he or  she  believes  his  or  her  application
information should not be publicly disclosed. These grounds, which shall
be identified on the application with a box beside each for checking, as
applicable, by the applicant, shall be as follows:
  (i)  the  applicant's  life  or safety may be endangered by disclosure
because:
  (A) the applicant is an active or retired police officer, peace  offi-
cer, probation officer, parole officer, or corrections officer;
  (B)  the applicant is a protected person under a currently valid order
of protection;
  (C) the applicant is or was a witness in a criminal proceeding involv-
ing a criminal charge;
  (D) the applicant is participating or  previously  participated  as  a
juror  in  a criminal proceeding, or is or was a member of a grand jury;
or
  (E) the applicant is a spouse, domestic partner or household member of
a person identified in this subparagraph or subparagraph  (ii)  of  this
paragraph,  specifying  which  subparagraph or subparagraphs and clauses
apply.
  (ii) the applicant has reason to believe his or her life or safety may
be endangered by disclosure due to reasons stated by the applicant.
  (iii) the applicant has reason to believe he or she may be subject  to
unwarranted harassment upon disclosure of such information.
  (c)  Each  form provided for recertification pursuant to paragraph (b)
of subdivision ten of this section shall include an opportunity for  the

S. 3378                             3

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.
  (e) (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.
  (f) 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 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, pursuant to para-
graph (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) If a request for an exception is determined to be  null  and  void
pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
request review of such determination pursuant to  article  seventy-eight
of  the  civil  practice  laws  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.]
  S 2. This act shall take effect the first of November next  succeeding
the date on which it shall have become a law.

senate Bill S3377

2015-2016 Legislative Session

Expands the definition of immediate family to include siblings, grandparents and grandchildren as such term relates to the sale or disposal of certain firearms

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to consumer protection
Feb 06, 2015 referred to consumer protection

Co-Sponsors

view additional co-sponsors

S3377 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §898, Gen Bus L

S3377 - Bill Texts

view summary

Expands the definition of immediate family to include siblings, grandparents and grandchildren as such term relates to the sale or disposal of certain firearms.

view sponsor memo
BILL NUMBER:S3377

TITLE OF BILL: An act to amend the general business law, in relation
to expanding the definition of immediate family to include siblings,
grandparents and grandchildren as such term relates to the private
sale or disposal of certain firearms

PURPOSE:

This bill expands the definition of immediate family to include
siblings, grandparents, and grandchildren, as applied to transfers of
firearms.

SUMMARY OF PROVISIONS:

Section 1 amends section 898 of the general business law, expanding
the definition of "immediate family" to include siblings, grandparents
and grandchildren.

Section 2 states that this act shall take effect immediately.

EXISTING LAW:

Existing law allows for exemptions from some state requirements for
sales, exchanges or disposals of firearms if conducted between members
of an immediate family. Currently, "immediate family" only includes
spouses, domestic partners, children, and step-children.

JUSTIFICATION:

This bill is one in a series of proposed reforms to the SAFE Act. As
we continue to work towards full repeal of the SAFE Act, the
provisions most devastating to law abiding citizens need to be
addressed immediately. This series of proposals is a step in the right
direction towards protecting our Second Amendment rights while
ensuring public safety.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3377

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to  expanding  the
  definition  of  immediate family to include siblings, grandparents and
  grandchildren as such term relates to the private sale or disposal  of
  certain firearms

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 898 of the general  business  law,
as  added  by  chapter  1  of  the  laws  of 2013, is amended to read as
follows:
  1.  In addition to any other requirements pursuant to state and feder-
al law, all sales, exchanges or disposals of firearms, rifles  or  shot-
guns  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  S
[922] 921, when such sale, exchange or disposal is conducted pursuant to
that  person's  federal  firearms  license  or  such  sale,  exchange or
disposal is between members of an immediate family. For purposes of this
section, "immediate family" shall mean spouses, domestic partners, chil-
dren and step-children, SIBLINGS, GRANDPARENTS AND GRANDCHILDREN.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08751-01-5