S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4626
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2013
                                      ___________
       Introduced  by  M. of A. ZEBROWSKI, JAFFEE, GALEF, SCARBOROUGH, BORELLI,
         RAIA, STIRPE, CORWIN, CURRAN, GOODELL, CROUCH, CERETTO, BOYLAND, BRIN-
         DISI -- Multi-Sponsored by -- M.  of A. BARCLAY, DUPREY, HIKIND, LUPI-
         NACCI, MAGEE, McKEVITT, RA, RABBITT, RIVERA, THIELE -- read  once  and
         referred to the Committee on Codes
       AN  ACT  to  amend  the  penal law, in relation to prohibiting the state
         police from imposing a fee or surcharge for recertification of certain
         gun licenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  of subdivision 10 and subdivision 16-a of
    2  section 400.00 of the penal law, as added by chapter 1 of  the  laws  of
    3  2013, are amended to read as follows:
    4    (b) All licensees shall be recertified to the division of state police
    5  every  five  years  thereafter.  Any license issued before the effective
    6  date of the chapter of the laws of two  thousand  thirteen  which  added
    7  this paragraph shall be recertified by the licensee on or before January
    8  thirty-first, two thousand eighteen, and not less than one year prior to
    9  such  date,  the state police shall send a notice to all license holders
   10  who have not recertified by such time. Such recertification shall be  in
   11  a  form  as  approved by the superintendent of state police, which shall
   12  request the license holder's name, date of birth, gender, race, residen-
   13  tial address, social security number, firearms possessed by such license
   14  holder, email address at the option of the license holder and an  affir-
   15  mation  that  such  license  holder  is  not  prohibited from possessing
   16  firearms. The form may be in an electronic form if so designated by  the
   17  superintendent of state police.  THE STATE POLICE SHALL NOT IMPOSE A FEE
   18  OR  SURCHARGE ON A LICENSE HOLDER FOR RECERTIFICATION. Failure to recer-
   19  tify shall act as a revocation of such license. If the  New  York  state
   20  police discover as a result of the recertification process that a licen-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08195-01-3
       A. 4626                             2
    1  see  failed  to  provide  a change of address, the New York state police
    2  shall not require the licensing officer to revoke such license.
    3    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
    4  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
    5  possessed  before the date of the effective date of [the] chapter ONE of
    6  the laws of two thousand thirteen [which  added  this  paragraph],  must
    7  make  an  application to register such weapon with the superintendent of
    8  state police, in the manner provided by the superintendent, or by amend-
    9  ing a license issued pursuant to this section within  one  year  of  the
   10  effective  date  of  this  subdivision  except  any weapon defined under
   11  subparagraph (vi) of paragraph (g) of subdivision twenty-two of  section
   12  265.00  of  this chapter transferred into the state may be registered at
   13  any time, provided such weapons are registered  within  thirty  days  of
   14  their  transfer  into  the state. Registration information shall include
   15  the registrant's name, date of birth, gender, race, residential address,
   16  social security number and a description of  each  weapon  being  regis-
   17  tered.  A  registration of any weapon defined under subparagraph (vi) of
   18  paragraph (g) of subdivision twenty-two of section 265.00 or  a  feeding
   19  device  as  defined  under subdivision twenty-three of section 265.00 of
   20  this chapter shall be transferable, provided that  the  seller  notifies
   21  the  state police within seventy-two hours of the transfer and the buyer
   22  provides the state police with information sufficient  to  constitute  a
   23  registration under this section. Such registration shall not be valid if
   24  such  registrant  is  prohibited or becomes prohibited from possessing a
   25  firearm pursuant to state  or  federal  law.  The  superintendent  shall
   26  determine  whether  such  registrant  is  prohibited  from  possessing a
   27  firearm under state or federal law.  Such  check  shall  be  limited  to
   28  determining  whether  the  factors  in 18 USC 922 (g) apply or whether a
   29  registrant has been convicted of a serious offense as defined in  subdi-
   30  vision [sixteen-b] SEVENTEEN of section 265.00 of this chapter, so as to
   31  prohibit such registrant from possessing a firearm, and whether a report
   32  has  been issued pursuant to section 9.46 of the mental hygiene law. All
   33  registrants shall recertify to the division of state police  every  five
   34  years  thereafter.  Failure to recertify shall result in a revocation of
   35  such registration.  THE STATE POLICE SHALL NOT IMPOSE A FEE OR SURCHARGE
   36  ON A PERSON WHO IS REGISTERING OR RECERTIFYING A WEAPON PURSUANT TO THIS
   37  SECTION.
   38    (b) The superintendent of state police shall create  and  maintain  an
   39  internet  website to educate the public as to which semiautomatic rifle,
   40  semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
   41  as a result of the enactment of [the] chapter ONE of  the  laws  of  two
   42  thousand  thirteen [which added this paragraph], as well as such assault
   43  weapons which are illegal pursuant to article two hundred sixty-five  of
   44  this  chapter.  Such  website  shall  contain  information to assist the
   45  public in recognizing the relevant features proscribed by  such  article
   46  two  hundred sixty-five, as well as which make and model of weapons that
   47  require registration.
   48    (c) A person who knowingly fails to apply to register such weapon,  as
   49  required by this section, within one year of the effective date of [the]
   50  chapter ONE of the laws of two thousand thirteen [which added this para-
   51  graph]  shall  be  guilty  of  a class A misdemeanor and such person who
   52  unknowingly fails to validly register such weapon within such  one  year
   53  period  shall  be  given  a  warning  by  an appropriate law enforcement
   54  authority about such failure and given thirty days in which to apply  to
   55  register such weapon or to surrender it. A failure to apply or surrender
   56  such  weapon  within  such thirty-day period shall result in such weapon
       A. 4626                             3
    1  being removed by an appropriate law enforcement authority and declared a
    2  nuisance.
    3    S  2.  This  act  shall  take  effect on the same date and in the same
    4  manner as section 48 of chapter 1 of the laws of 2013 takes effect.