S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1796--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. ESPAILLAT, KRUEGER, PARKER -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the penal law, in relation  to  expiration  and  renewal
         provisions of certain firearms licenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 10 of section  400.00  of  the  penal  law,  as
    2  amended  by  chapter  447  of  the  laws  of 1997, is amended to read as
    3  follows:
    4    10. License: expiration, certification and renewal.  Any  license  for
    5  gunsmith or dealer in firearms and, in the city of New York, any license
    6  to carry or possess a pistol or revolver, issued at any time pursuant to
    7  this  section or prior to the first day of July, nineteen hundred sixty-
    8  three and not limited to expire on an earlier date fixed in the license,
    9  shall expire not more than [three] TWO years after the date of issuance.
   10  In the counties of Nassau, Suffolk and Westchester, any license to carry
   11  or possess a pistol or revolver, issued at any  time  pursuant  to  this
   12  section  or prior to the first day of July, nineteen hundred sixty-three
   13  and not limited to expire on an earlier date fixed in the license, shall
   14  expire not more than [five] TWO years after the date of issuance; howev-
   15  er, in the county of Westchester, any such license  shall  be  certified
   16  prior  to  the  first  day  of April, two thousand, in accordance with a
   17  schedule to be contained in regulations promulgated by the  commissioner
   18  of  the  division  of  criminal justice services, and every such license
   19  shall be recertified every [five] TWO years thereafter. For purposes  of
   20  this section certification shall mean that the licensee shall provide to
   21  the  licensing  officer  the following information only:   current name,
   22  date of birth, current address, and the make, model, caliber and  serial
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05340-02-3
       S. 1796--A                          2
    1  number  of all firearms currently possessed. Such certification informa-
    2  tion shall be filed by the licensing officer in the same  manner  as  an
    3  amendment.  Elsewhere  than  in the city of New York and the counties of
    4  Nassau,  Suffolk  and  Westchester,  any  license  to carry or possess a
    5  pistol or revolver, issued at any time pursuant to this section or prior
    6  to the first day of July, nineteen hundred sixty-three and not previous-
    7  ly revoked or cancelled, shall be in force and effect until  revoked  as
    8  herein  provided.  ELSEWHERE  THAN  IN THE CITY OF NEW YORK, COUNTIES OF
    9  NASSAU, SUFFOLK OR WESTCHESTER, ANY LICENSE TO CARRY OR POSSESS A PISTOL
   10  OR REVOLVER, ISSUED AT ANY TIME PURSUANT TO THIS SECTION OR PRIOR TO THE
   11  FIRST DAY OF JULY, NINETEEN  HUNDRED  SIXTY-THREE  AND  NOT  LIMITED  TO
   12  EXPIRE  ON  AN  EARLIER DATE FIXED IN THE LICENSE, SHALL EXPIRE NOT MORE
   13  THAN TWO YEARS AFTER THE DATE OF ISSUANCE. Any  license  not  previously
   14  cancelled  or  revoked  shall remain in full force and effect for thirty
   15  days beyond the stated expiration date on such license. Any  application
   16  to  renew  a  license  that  has not previously expired, been revoked or
   17  cancelled shall thereby extend the term of the license until disposition
   18  of the application by the licensing officer. In the case  of  a  license
   19  for  gunsmith  or dealer in firearms, in counties having a population of
   20  less than two hundred thousand inhabitants, photographs and fingerprints
   21  shall be submitted on original applications and upon renewal  thereafter
   22  only  at  [six]  TWO  year  intervals.  Upon  satisfactory  proof that a
   23  currently valid original license has been despoiled, lost  or  otherwise
   24  removed  from  the  possession  of  the  licensee  and  upon application
   25  containing an additional photograph of the licensee, the licensing offi-
   26  cer shall issue a duplicate license.
   27    S 2.  Subdivision 10 of section 400.00 of the penal law, as amended by
   28  chapter 1 of the laws of 2013, is amended to read as follows:
   29    10. License: expiration, certification and renewal.  (a)  Any  license
   30  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
   31  license to carry or possess a pistol or revolver,  issued  at  any  time
   32  pursuant  to  this  section  or prior to the first day of July, nineteen
   33  hundred sixty-three and not limited to expire on an earlier  date  fixed
   34  in  the  license, shall expire not more than [three] TWO years after the
   35  date of issuance. In the counties of Nassau,  Suffolk  and  Westchester,
   36  any license to carry or possess a pistol or revolver, issued at any time
   37  pursuant  to  this  section  or prior to the first day of July, nineteen
   38  hundred sixty-three and not limited to expire on an earlier  date  fixed
   39  in  the  license,  shall expire not more than [five] TWO years after the
   40  date of issuance; however,  in  the  county  of  Westchester,  any  such
   41  license  shall  be  certified prior to the first day of April, two thou-
   42  sand, in accordance with a  schedule  to  be  contained  in  regulations
   43  promulgated  by  the  commissioner  of  the division of criminal justice
   44  services, and every such license shall be recertified every  [five]  TWO
   45  years  thereafter. For purposes of this section certification shall mean
   46  that the licensee shall provide to the licensing officer  the  following
   47  information only:  current name, date of birth, current address, and the
   48  make,  model,  caliber  and  serial  number  of  all  firearms currently
   49  possessed. Such certification information shall be filed by the  licens-
   50  ing  officer  in  the same manner as an amendment. Elsewhere than in the
   51  city of New York and the counties of Nassau,  Suffolk  and  Westchester,
   52  any license to carry or possess a pistol or revolver, issued at any time
   53  pursuant  to  this  section  or prior to the first day of July, nineteen
   54  hundred sixty-three and not previously revoked or cancelled, shall be in
   55  force and effect until revoked as herein provided.   ELSEWHERE  THAN  IN
   56  THE  CITY  OF  NEW YORK, COUNTIES OF NASSAU, SUFFOLK OR WESTCHESTER, ANY
       S. 1796--A                          3
    1  LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER,  ISSUED  AT  ANY  TIME
    2  PURSUANT  TO  THIS  SECTION  OR PRIOR TO THE FIRST DAY OF JULY, NINETEEN
    3  HUNDRED SIXTY-THREE AND NOT LIMITED TO EXPIRE ON AN EARLIER  DATE  FIXED
    4  IN  THE  LICENSE, SHALL EXPIRE NOT MORE THAN TWO YEARS AFTER THE DATE OF
    5  ISSUANCE. Any license not previously cancelled or revoked  shall  remain
    6  in  full  force  and effect for thirty days beyond the stated expiration
    7  date on such license. Any application to renew a license  that  has  not
    8  previously  expired,  been revoked or cancelled shall thereby extend the
    9  term of the license until disposition of the application by the  licens-
   10  ing  officer.  In  the  case  of  a  license  for  gunsmith or dealer in
   11  firearms, in counties having a population of less than two hundred thou-
   12  sand inhabitants, photographs and fingerprints  shall  be  submitted  on
   13  original  applications  and  upon renewal thereafter [only] at [six] TWO
   14  year intervals. Upon satisfactory proof that a currently valid  original
   15  license   has  been  despoiled,  lost  or  otherwise  removed  from  the
   16  possession of the licensee and upon application containing an additional
   17  photograph of the licensee, the licensing officer shall issue  a  dupli-
   18  cate license.
   19    (b) All licensees shall be recertified to the division of state police
   20  every  [five] TWO years thereafter. Any license issued before the effec-
   21  tive date of [the] chapter ONE of the  laws  of  two  thousand  thirteen
   22  which  added  this  paragraph shall be recertified by the licensee on or
   23  before January thirty-first, two thousand [eighteen]  FIFTEEN,  and  not
   24  less  than  one  year  prior to such date, the state police shall send a
   25  notice to all license holders who have not  recertified  by  such  time.
   26  Such  recertification  shall be in a form as approved by the superinten-
   27  dent of state police, which shall request  the  license  holder's  name,
   28  date  of  birth,  gender,  race,  residential  address,  social security
   29  number, firearms possessed by such license holder, email address at  the
   30  option of the license holder and an affirmation that such license holder
   31  is  not prohibited from possessing firearms. The form may be in an elec-
   32  tronic form if so designated by  the  superintendent  of  state  police.
   33  Failure  to  recertify shall act as a revocation of such license. If the
   34  New York state police discover as a result of the recertification  proc-
   35  ess  that a licensee failed to provide a change of address, the New York
   36  state police shall not require the  licensing  officer  to  revoke  such
   37  license.
   38    S  3.  This  act shall take effect immediately; provided, however that
   39  section two of this act shall take effect on the same date  and  in  the
   40  same  manner  as  section  48  of  chapter  1 of the laws of 2013, takes
   41  effect.