S T A T E O F N E W Y O R K ________________________________________________________________________ 7092 2015-2016 Regular Sessions I N A S S E M B L Y April 23, 2015 ___________ Introduced by M. of A. OAKS, KOLB, HAWLEY, PALMESANO, SALADINO, WALTER, NOJAY, FINCH, FRIEND, DiPIETRO -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GIGLIO, LALOR, McDONOUGH, McLAUGHLIN, MONTESANO, STEC, TENNEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to 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: 1 Section 1. Section 265.00 of the penal law is amended by adding a new 2 subdivision 10-a to read as follows: 3 10-A. "FILING OFFICER" MEANS THE COUNTY CLERK OF EACH COUNTY, UNLESS 4 OTHERWISE SPECIFIED THROUGH RESOLUTION BY THE COUNTY'S LEGISLATIVE BODY. 5 S 2. Subdivisions 9, 10, 13 and 14 of section 400.00 of the penal law, 6 subdivisions 9 and 10 as amended by chapter 1 of the laws of 2013 and 7 subdivision 14 as amended by chapter 195 of the laws of 2005, are 8 amended to read as follows: 9 9. License: amendment. Elsewhere than in the city of New York, a 10 person licensed to carry or possess a pistol or revolver may apply at 11 any time to [his or her licensing] THE FILING officer for amendment of 12 his or her license to include one or more such weapons or to cancel 13 weapons held under license. [If granted, a] A record of the amendment 14 describing the weapons involved shall be filed by the licensing officer 15 in the executive department, division of state police, Albany. The 16 superintendent of state police may authorize that such amendment be 17 completed and transmitted to the state police in electronic form. 18 Notification of any change of residence shall be made in writing by any 19 licensee within ten days after such change occurs, and a record of such 20 change shall be inscribed by such licensee on the reverse side of his or 21 her license. Elsewhere than in the city of New York, and in the counties 22 of Nassau and Suffolk, such notification shall be made to the executive 23 department, division of state police, Albany, and in the city of New EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05923-01-5 A. 7092 2 1 York to the police commissioner of that city, and in the county of 2 Nassau to the police commissioner of that county, and in the county of 3 Suffolk to the [licensing] FILING officer of that county, who shall, 4 within ten days after such notification shall be received by him or her, 5 give notice in writing of such change to the executive department, divi- 6 sion of state police, at Albany. 7 10. License: expiration, certification and renewal. (a) Any license 8 for gunsmith or dealer in firearms and, in the city of New York, any 9 license to carry or possess a pistol or revolver, issued at any time 10 pursuant to this section or prior to the first day of July, nineteen 11 hundred sixty-three and not limited to expire on an earlier date fixed 12 in the license, shall expire not more than three years after the date of 13 issuance. In the counties of Nassau, Suffolk and Westchester, any 14 license to carry or possess a pistol or revolver, issued at any time 15 pursuant to this section or prior to the first day of July, nineteen 16 hundred sixty-three and not limited to expire on an earlier date fixed 17 in the license, shall expire not more than five years after the date of 18 issuance; however, in the county of Westchester, any such license shall 19 be certified prior to the first day of April, two thousand, in accord- 20 ance with a schedule to be contained in regulations promulgated by the 21 commissioner of the division of criminal justice services, and every 22 such license shall be recertified every five years thereafter. For 23 purposes of this section certification shall mean that the licensee 24 shall provide to the licensing officer the following information only: 25 current name, date of birth, current address, and the make, model, cali- 26 ber and serial number of all firearms currently possessed. Such certif- 27 ication information shall be filed by the licensing officer in the same 28 manner as an amendment. Elsewhere than in the city of New York and the 29 counties of Nassau, Suffolk and Westchester, any license to carry or 30 possess a pistol or revolver, issued at any time pursuant to this 31 section or prior to the first day of July, nineteen hundred sixty-three 32 and not previously revoked or cancelled, shall be in force and effect 33 until revoked as herein provided. Any license not previously cancelled 34 or revoked shall remain in full force and effect for thirty days beyond 35 the stated expiration date on such license. Any application to renew a 36 license that has not previously expired, been revoked or cancelled shall 37 thereby extend the term of the license until disposition of the applica- 38 tion by the [licensing] FILING officer. In the case of a license for 39 gunsmith or dealer in firearms, in counties having a population of less 40 than two hundred thousand inhabitants, photographs and fingerprints 41 shall be submitted on original applications and upon renewal thereafter 42 only at six year intervals. Upon satisfactory proof that a currently 43 valid original license has been despoiled, lost or otherwise removed 44 from the possession of the licensee and upon application containing an 45 additional photograph of the licensee, the [licensing] FILING officer 46 shall issue a duplicate license. 47 (b) All licensees shall be recertified to the division of state police 48 every five years thereafter. Any license issued before the effective 49 date of the chapter of the laws of two thousand thirteen which added 50 this paragraph shall be recertified by the licensee on or before January 51 thirty-first, two thousand eighteen, and not less than one year prior to 52 such date, the state police shall send a notice to all license holders 53 who have not recertified by such time. Such recertification shall be in 54 a form as approved by the superintendent of state police, which shall 55 request the license holder's name, date of birth, gender, race, residen- 56 tial address, social security number, firearms possessed by such license A. 7092 3 1 holder, email address at the option of the license holder and an affir- 2 mation that such license holder is not prohibited from possessing 3 firearms. The form may be in an electronic form if so designated by the 4 superintendent of state police. Failure to recertify shall act as a 5 revocation of such license. If the New York state police discover as a 6 result of the recertification process that a licensee failed to provide 7 a change of address, the New York state police shall not require the 8 [licensing] FILING officer to revoke such license. 9 13. Expenses. The expense of providing a [licensing] FILING officer 10 with blank applications, licenses and record books for carrying out the 11 provisions of this section shall be a charge against the county, and in 12 the city of New York against the city. 13 14. Fees. In the city of New York and the county of Nassau, the annual 14 license fee shall be twenty-five dollars for gunsmiths and fifty dollars 15 for dealers in firearms. In such city, the city council and in the coun- 16 ty of Nassau the Board of Supervisors shall fix the fee to be charged 17 for a license to carry or possess a pistol or revolver and provide for 18 the disposition of such fees. Elsewhere in the state, the [licensing] 19 FILING officer shall collect and pay into the county treasury the 20 following fees: for each license to carry or possess a pistol or revol- 21 ver, not less than three dollars nor more than ten dollars as may be 22 determined by the legislative body of the county; for each amendment 23 thereto, three dollars, and five dollars in the county of Suffolk; and 24 for each license issued to a gunsmith or dealer in firearms, ten 25 dollars. The fee for a duplicate license shall be five dollars. The fee 26 for processing a license transfer between counties shall be five 27 dollars. The fee for processing a license or renewal thereof for a qual- 28 ified retired police officer as defined under subdivision thirty-four of 29 section 1.20 of the criminal procedure law, or a qualified retired sher- 30 iff, undersheriff, or deputy sheriff of the city of New York as defined 31 under subdivision two of section 2.10 of the criminal procedure law, or 32 a qualified retired bridge and tunnel officer, sergeant or lieutenant of 33 the triborough bridge and tunnel authority as defined under subdivision 34 twenty of section 2.10 of the criminal procedure law, or a qualified 35 retired uniformed court officer in the unified court system, or a quali- 36 fied retired court clerk in the unified court system in the first and 37 second judicial departments, as defined in paragraphs a and b of subdi- 38 vision twenty-one of section 2.10 of the criminal procedure law or a 39 retired correction officer as defined in subdivision twenty-five of 40 section 2.10 of the criminal procedure law shall be waived in all coun- 41 ties throughout the state. 42 S 3. This act shall take effect immediately.