Full Text of S2230-2013 NY SAFE Act of 2013 – “overpowering the extremists”
Friday, January 18, 2013 3:40
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by Scott Creighton
This bill was rushed through legislation in less than 30 hours. The senate in NY didn’t even have time to read it before they voted in favor of it. The Assembly had some minor discussion on it and then voted immediately with the governor rushing over to sign it in front of the cameras as quickly as he could. There was no public debate on it, no hearings, no committee meetings.
Gov. Cuomo said this upon signing the bill that by-passed out legislative process and is clearly extremely unpopular in his state:
“Common sense can win, You can overpower the extremists with intelligence and with reason and with common sense.” Gov. Cuomo NY
Those of us who support the 2nd amendment are now regulated to the class of the “extremists”. It’s little wonder that of the 23 comments on the bill, not one single comment is in support of it.
I found this at the NY Gov site. You should go read the comments. Here is an interesting part of the bill for all of you New Yorkers who rushed out thinking you could buy and keep a legal assault rifle or semi-auto handgun before they signed this into law:
“Current owners of these banned weapons may transfer the weapons only to a firearms dealer or transfer to an out of state buyer. All registered owners will be subject to a review of disqualifiers by the State Police.”
The “disqualifiers” aren’t listed in the bill. What they will end up being is anyone’s guess.
If you wish to know where this is all headed, check out what they say about Indonesia’s firearms laws. You know Indonesia… it’s where Obama’s mother worked with the USAID program after the brutal dictator Suharto was put in power by the CIA.
“Under Indonesia’s gun laws, only citizens employed in select professions can be issued a gun permit. Among those allowed to legally pack heat in Indonesia are doctors, public officials, lawmakers, members of the military and police and corporate heads.” Jakarta Globe May 2012
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S2230-2013: Enacts the NY SAFE Act of 2013
Same as: A2388-2013 / Versions: S2230-2013
Enacts the NY Secure Firearms and Ammunition Enforcement (SAFE) Act of 2013.
Sponsor: KLEIN / Co-sponsor(s): SMITH
Law Section: Criminal Procedure Law / Law: Amd SS330.20 & 530.14, add S380.96, CP L; amd S404, Cor L; amd SS842-a & 846-a, add SS446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd SS240 & 252, Dom Rel L; amd S837, Exec L; amd S212, Judy L; add Art 39-DDD S898, Gen Bus L; md SS7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add S9.46, Ment Hyg L; amd Pen L, generally, add S2509, SCPA; add S2801-b, amd S3602, Ed L; amd S18, Chap 408 of 1999
S2230-2013 Actions
- Jan 15, 2013: DELIVERED TO GOVERNOR
- Jan 15, 2013: returned to senate
- Jan 15, 2013: passed assembly
- Jan 15, 2013: message of necessity – 3 day message
- Jan 15, 2013: ordered to third reading rules cal.3
- Jan 15, 2013: substituted for a2388
- Jan 14, 2013: referred to codes
- Jan 14, 2013: DELIVERED TO ASSEMBLY
- Jan 14, 2013: PASSED SENATE
- Jan 14, 2013: MESSAGE OF NECESSITY
- Jan 14, 2013: ORDERED TO THIRD READING CAL.1
- Jan 14, 2013: REFERRED TO RULES
S2230-2013 Meetings
S2230-2013 Calendars
S2230-2013 Votes
VOTE: FLOOR VOTE: – Jan 14, 2013
Ayes (43): Adams, Addabbo, Avella, Boyle, Breslin, Carlucci, Diaz, Dilan, Espaillat, Felder, Flanagan, Fuschillo, Gianaris, Gipson, Golden, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Latimer, LaValle, Marcellino, Martins, Montgomery, O’Brien, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Savino, Serrano, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky
Nays (18): Ball, Bonacic, DeFrancisco, Farley, Gallivan, Griffo, Larkin, Libous, Little, Marchione, Maziarz, Nozzolio, O’Mara, Ranzenhofer, Ritchie, Robach, Seward, Young
Excused (1): Zeldin
VOTE: COMMITTEE VOTE: – Rules – Jan 14, 2013
Ayes (18): Skelos, Libous, Carlucci, Flanagan, Fuschillo, LaValle, Marcellino, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Espaillat, Gianaris
Ayes W/R (1): Hannon
Nays (6): Bonacic, Farley, Larkin, Maziarz, Nozzolio, Seward
S2230-2013 Memo
BILL NUMBER:S2230 TITLE OF BILL: An act to amend the criminal procedure law, the correction law, the family court act, the executive law, the general business law, the judiciary law, the mental hygiene law, the penal law and the surrogate's court procedure act, in relation to suspension and revocation of firearms licenses; private sale or disposal of firearms, rifles or shotguns and establishing a minimum age to possess a firearm; to amend the family court act, the domestic relations law and the criminal procedure law, in relation to providing for the mandatory suspension or revocation of the firearms license of a person against whom an order of protection or a temporary order of protection has been issued under certain circumstances, or upon violation of any such order; to amend the penal law, in relation to community guns and the criminal sale of a firearm and in relation to the definitions of aggravated and first degree murder; to amend chapter 408 of the laws of 1999 constituting Kendra's Law, in relation to extending the expiration thereof; and to amend the education law, in relation to the New York state school safety improvement teams; and in relation to building aid for metal detectors and safety devices PURPOSE: This legislation will protect New Yorkers by reducing the availability of assault weapons and deterring the criminal use of firearms while promoting a fair, consistent and efficient method of ensuring that sportsmen and other legal gun owners have full enjoyment of the guns to which they are entitled. A thoughtful network of laws provides the toughest, most comprehensive and balanced answer in the nation to gun violence. Through this legislation, New York is the first in the nation to completely ban all pre-1994 high capacity magazines; to ban any magazine that holds more than seven rounds (rather than a limit of ten) and to both track ammunition purchases in real time to permit alerts on high volume buyers, while also checking on the buyer's background. In a range of reforms the bill attends to the weaknesses in the state's current regulatory structure to bring a consistency and rationality that must be the cornerstone of a safe society. A single standard across the State will ensure that legal gun owners obtain their licenses expeditiously while those prohibited are denied that privilege. A statewide database will keep the registry current and guard against the dangerous or unstable possessing guns. New rules will close a loophole that excludes private sales of guns from a federal background check; tighten provisions governing gun ownership by persons with serious mental illness; require safe storage of guns for gun owners who live with someone who has been convicted of certain crimes, is under an order of protection, or who has been involuntarily committed as a result of a mental illness. The bill also creates new and enhanced penalties for illegal gun use, and enhances protections for victims of domestic violence by requiring the firearm surrenders and gun license suspension and revocation in cases where an order of protection has been issued. SUMMARY OF PROVISIONS: Assault Weapons Section 37 of the bill amends Penal Law � 265.00(22) in order to strengthen New York's assault weapon ban, expanding its reach and making it easier to enforce. The proposed amendments replace the existing ban consisting of and a "two-feature" test adopted from the now-expired federal assault weapons ban with a clearer "one-feature" test. The "two-feature" test bans any gun that is semi-automatic, has a detachable magazine (in the case of pistols and rifles), and possesses two features that are commonly associated with military weapons. The "one-feature" test would ban semi-automatic guns with detachable magazines that possess one feature commonly associated with military weapons. This section also adds to the list of "features" that characterize a banned weapon. Within one year of the effective date, all weapons defined as assault weapons under the new "one-feature" test, as well as weapons grandfathered in under the original assault weapons ban, must be registered. Current owners of these banned weapons may transfer the weapons only to a firearms dealer or transfer to an out of state buyer. All registered owners will be subject to a review of disqualifiers by the State Police. Ammunition Section 38 of the bill amends Penal Law � 265.00(23) to ban all large capacity magazines that have the capacity to hold more than ten rounds of ammunition including those that were grandfathered in under the original assault weapons ban and creates a new ban on magazines that hold more than seven rounds of ammunition. Magazines that can hold more than seven rounds but not more than ten rounds and are currently possessed will be grandfathered in, but may only contain seven rounds of ammunition. Exceptions are made for large capacity magazines that are curios or relics. Section 39 also adds a new section to Penal Law � 265.00 to define seller of ammunition. Section 50 of the bill enhances control over sales of ammunition by adding a new Penal Law � 400.03 requiring (1) that sellers of ammunition register with the superintendent of the State police (2) that prior to a sale of ammunition, a seller must run the buyer through a State-created review of disqualifiers to ensure that the buyer is not prohibited by law from possessing ammunition, and (3) that ammunition sales are electronically accessible to the State. In addition, to prevent from purchasing ammunition, the bill requires that any ammunition sold commercially must be conducted by a seller that can perform a background check. Licensing Section 49 creates a new Penal Law � 400.02 establishing a statewide gun license and record database. Section 18 amends Section 212 of the Judiciary Law to require that records submitted to the Federal Bureau of Investigation regarding individuals for whom a guardian has been appointed be transmitted to the State and checked against the statewide gun license and record database. Several sections of the bill strengthen statutory provisions related to the licensing of firearms, shotguns, and rifles. Section 1 amends Criminal Procedure Law (CPL) � 330.20 to require the revocation of any gun license from and the surrender of any gun by a defendant upon an entry of a verdict of not responsible by reason of mental disease or defect, upon the acceptance of a plea of not responsible by reason of mental disease or defect, or upon a finding that a defendant is an incapacitated person pursuant to the CPL. Section 2 adds a new section to the CPL that requires a sentencing judge to demand surrender of a gun license or registration and all guns possessed by the defendant upon judgment of conviction for an offense that requires the seizure of a gun and the revocation of a gun license or registration. Sections 4 through 16 amend the Family Court Act, the Domestic Relations Law and the CPL to require, under certain circumstances, the mandatory suspension or revocation of the firearms license of a person against whom an order of protection or a temporary order of protection has been issued. Section 48 of the bill amends the Penal Law to require that every county recertify a gun license holder's license every five years. Failure to recertify during this five year period equates to revocation of the license. The section also adds bases for denial of a license to an applicant, including connection of a felony or serious offense, being presently subject to an order of protection; and expands the criteria for denial based on an applicant's history of mental illness. Private Sales Under current New York law, background checks on gun purchasers are required for all purchases of guns from gun dealers and at gun shows. Section 17 will expand this requirement by adding a new article to the General Business Law requiring background checks to be completed for all gun sales, except for immediate family. Thus private sellers may transfer a gun only if the buyer has obtained a federal "NICS" check. Further, dealers must maintain records of private sale background checks, and private sellers may charge a fee of up to $10 on a transaction. Transfers between immediate family members will be exempt from the requirements of this section. Safe Storage To prevent, among other things, unauthorized and unlicensed use of guns, section 47 of the bill adds a new Penal Law � 265.45 establishing safe storage requirements for rifles, shotguns and firearms. Under this new section, a gun owner who lives with someone who the owner has reason to know is prohibited from possessing a gun because the prohibited person has been convicted of a crime punishable by a term of imprisonment exceeding one year, has been adjudicated mentally defective or committed to a mental institution, is subject to a court order of protection or has been convicted of a misdemeanor crime of domestic violence whose sentence has been completed in the last five years must, when the gun is out of the owner's immediate control, keep the gun secured in a safe storage depository (for example, a safe or similar secure container with a lock that can be opened only with a key or combination, or other locking mechanism) or render it incapable of being fired by putting a safety lock on the gun. Provisions Related to Persons with Mental Illness Amendments to the Mental Hygiene Law will help ensure that persons who are mentally ill and dangerous cannot retain or obtain a firearm. First, mental health records that are currently sent to NIDCS for a federal background check will also be housed in a New York State database. A new Section 9.46 of the Mental Hygiene Law will require mental health professionals, in the exercise of reasonable professional judgment, to report if an individual they are treating is likely to engage in conduct that will cause serious harm to him- or herself or others. A good faith decision about whether to report will not be a basis for any criminal or civil liability. When a Section 9.46 report is made, the Division of Criminal Justice Services will determine whether the person possesses a firearms license and, if so, will notify the appropriate local licensing official, who must suspend the license. The person's firearms will then be removed. The bill extends Kendra's Law through 2017 and amends the law by: extending the duration of the initial assisted out-patient treatment order from 6 months to one year; requiring a review before the assisted out-patient treatment order for a mentally ill inmate is terminated; requiring an assisted out-patient treatment order to follow a person from one county to another if he or she changes residence; and will require the Office of Mental Hygiene (OMH) to conduct an assisted out-patient treatment assessment with a state prisoner is being discharged to the community from and OHM hospital. New and Enhanced Criminal Penalties Several sections of the bill create new and enhanced penalties for illegal gun use. Sections 33 through 36, known as "Mark's Law," will include the intentional murder of certain first responders in the Class A-1 felonies of murder in the first degree and aggravated murder. The mandatory penalty for a conviction of aggravated murder is life without parole. A new Penal Law Section 460.22, aggravated enterprise corruption, recognizes the significant threat to public safety posed by organized violent gangs and their illegal purchases of weapons by creating an A-1 felony for cases when members of the enterprise commit certain combinations of offenses. Those combinations are: first, a pattern of criminal activity that constitutes Class B felonies or higher, and at least two of those acts are armed felonies; or second, one act is a Class B violent felony and two acts constitute a violation of the newly added Section 265.17 (3) which prohibits the purchase on behalf of or disposal of a weapon to an individual who is prohibited by law from possessing such a weapon. This provision also addresses the issue of "straw purchasers" where individuals who are not prohibited by law to purchase weapons do so for others, for example, gang members who may not possess a weapon because of a prior conviction or other disability under law. Section 41 increases the penalty for possession of a firearm on school grounds or on a school bus from a misdemeanor to a Class E Felony. Section 41-a creates a new subdivision of criminal possession of a weapon in the third degree, a Class D violent felony, when a person possesses an unloaded firearm and also commits a drug trafficking felony or possesses an unloaded firearm and also commits any violent felony as part of the same criminal transaction. The mandatory minimum sentence for these new Class D felonies is a three and one-half year determinate sentence, although the court may consider mitigating factors and impose a lesser sentence in some limited circumstances involving drug trafficking. Section 45 creates the crime of aggravated criminal possession of a weapon, a Class C felony, which is committed when one possesses a loaded firearm under � 255.03 of the Penal Law and also commits any violent felony offense or a drug trafficking felony. The minimum mandatory sentence is 5 years. Section 32 amends Penal Law � 120.05 by adding a new subdivision 4-a to create the crime of assault in the second degree when a person recklessly causes physical injury to a child by the intentional discharge of a firearm, rifle or shotgun. Section 43 amends Penal Law � 265.17 to include criminal sale or disposal of a weapon by providing a firearm, rifle or shotgun to a person knowing he or she is prohibited by law from possessing such firearm, rifle or shotgun. The penalty is raised from a Class A misdemeanor to a Class D felony. Section 31 adds Penal Law � 115.20 making it a Class A misdemeanor to make available, sell, exchange, give or dispose of a community gun that aids a person in committing a crime. A community gun is defined as one that is made available to among or between two or more persons at least one of whom is not authorized pursuant to law to possess such firearm. Safer Schools The bill adds a new Section 2801-b to the Education Law to establish New York State School Safety Improvement Teams to review, assess, and make recommendations on School Safety Plans submitted by school districts on a voluntary basis. Section 3602 of the Education Law is amended to allow school districts that purchase various security devices included in their School Safety Plans to receive state building aid reimbursement at a rate ten percent higher than their current building aid ratio. Section 55 is the severability clause, and Section 56 establishes the effective date. EXISTING LAW: This bill amends the Correction Law, the Criminal Procedure Law, the Domestic Relations Law, the Executive Law, the Family Court Act, the General Business Law, the Judiciary Law, Kendra's Law (Section 18 of Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the Laws of 2010), the Mental Hygiene Law, the Penal Law, and the Surrogates Court Act. STATEMENT IN SUPPORT: In the wrong hands, guns are weapons of untold destruction and heartbreak: family and community members are taken from us in an instant; mass shootings shatter our sense of safety in public spaces; street crimes plague our neighborhoods. Nationwide, gun violence claims over 30,000 lives annually. While the Second Amendment protects the right to keep and bear arms, the Supreme Court has said that that right is "not unlimited." District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the Heller case, the Supreme Court explained, "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms." 554 U.S. at 626-27. The Court also recognized there is a "historical tradition of prohibiting the carrying of 'dangerous and unusual' weapons." Id. This piece of legislation heeds the guidance of the Supreme Court by refining and improving the assault weapon ban and increasing the safety of New Yorkers while observing the protections of the Second Amendment. Some weapons are so dangerous and some ammunition devices so lethal that we simply cannot afford to continue selling them in our state. Assault weapons that have military-style features unnecessary for hunting and sporting purposes are this kind of weapon. The test adopted in this legislation is intended to bring a simplicity of definition focusing on the lethality of the weapon, amplified by the particular features. Given the difficulty of maintaining a list of guns that keeps pace with changes in weapon design, the one-feature test is a more comprehensive means for addressing these dangerous weapons. Ammunition The state's previous ban against high capacity magazines faltered because it was impossible to tell the difference between magazines manufactured before or after the effective date of the ban. This bill prohibits possession of all magazines with the capacity to contain more than ten rounds, regardless of the date of manufacture. Going forward, individuals will only be able to obtain magazines that can contain up to seven rounds. Those who currently possess magazines that can contain more than seven rounds will only be permitted to maintain up to seven rounds in such magazines. The new law also provides a mechanism to identify individual who purchase unusually high volumes of ammunition, either in person or over the Internet. Sellers must run the buyer's name through a State database modeled after the federal "NICS" database to ensure the buyer is not prohibited by law from possessing ammunition. Ammunition sellers are also required to electronically file with the State records of each ammunition sale, including amount sold. In order to prevent circumvention of these new controls, this bill requires that any seller--whether located in New York or out of state-ship the ammunition to a dealer within New York for in-person pick-up. The dealer is required to maintain records of the ammunition sale and to perform a State review of disqualifiers. Direct shipment of ammunition without a face-to-face transaction prevents a seller from being able to adequately confirm the identity of a buyer through the in-person inspection of a valid photo ID. Without adequate confirmation of a buyer's identity, the benefits of background checks and record keeping are completely circumvented. A law requiring all ammunition sales to culminate in a face-to-face transfer, thereby allowing for effective confirmation of purchaser identity and corresponding background check, is consistent with this scheme. Licensing Currently in New York State, outside of New York City, Westchester, Nassau and Suffolk Counties, a gun license never expires. Lack of a renewal procedure means there is no periodic review of a licensee's qualifications. Thus, if a license holder becomes disqualified from carrying a gun subsequent to obtaining a license, he or she will likely retain the license. This law requires every license holder to recertify the licensee's gun license every five years. Failure of a licensee to have his or her license recertified will result in revocation of the license. In addition, in order to ensure that legal gun license holders receive their licenses as swiftly as possible and to ensure the swift and accurate ability to match license holders with disqualifying events such as a felony conviction, the bill establishes an electronic license and record database. The electronic database will permit regular matching by the State against records of prohibited persons (e.g., those with criminal histories, orders of protection, and mental illnesses that bar gun ownership and licensing) as well as against other databases such as death records to ensure that New York's license records are up to date. Furthermore, orders of protection are intended to protect victims of domestic violence from their abusers and prevent violent crimes from occurring. This bill enhances protections for victims of domestic violence by strengthening the provisions regarding the possession and surrender of firearms and the suspension and revocation of, and ineligibility for, licenses by individuals who are the respondents in an order of protection. The bill makes changes to the Family Court Act to conform to the 2007 amendments made to the CPL. Private Gun Sales Under current New York law, background checks on purchasers are required for all purchases of guns from gun dealers and at gun shows, however, individuals that purchase guns through private sellers are not required to undergo background checks. This bill requires background checks for all gun sales, including private sales, ensuring that otherwise disqualified individuals cannot circumvent the law by obtaining guns buying from a private seller. Safe Storage To prevent unauthorized possession and use of guns, this bill requires anyone who owns a gun or who lives with someone who the owner has reason to know is disqualified from possessing a gun under certain provisions of federal law to secure any gun in a safe storage depository or render it incapable of being fired by putting a safety lock on the gun if it is to be outside the owner's direct control. Persons with Mental Illness This bill adds provisions to revoke or suspend licenses of individuals with mental illness who, in the opinion of mental health professionals would pose a danger to themselves or others should they possess guns. The bill also extends and expands Kendra's Law to provide additional out-patient treatment services to persons with mental illness. New and Enhanced Criminal Penalties The new and amended sections of the Penal Law are focused on the methods by which gun violence is often carried out in our communities, giving law enforcement better tools to punish and deter such conduct. As the presence of illegal guns on our streets endangers the welfare of entire communities, these provisions ensure appropriate penalties for making guns available to prohibited persons, as well as putting our children at risk by, among other dangerous and illegal activities, possessing guns near school grounds. In addition, recognizing the widespread violence caused by gang activity, the bill establishes penalties for participation in gang activity resulting in the commission of a violent crime. The bill also contains new provisions acknowledging the danger that our first responders face every day as they protect other New Yorkers by establishing an enhanced penalty for knowingly causing the death of a first responder in the course of his or her duties. LEGISLATIVE HISTORY: New proposal. BUDGET IMPLICATIONS: Any costs related to this bill will be paid out of the Division of State Police capital budget. EFFECTIVE DATE: The bill will take effect immediately except where otherwise provided.
S2230-2013 Text
S T A T E O F N E W Y O R K
S. 2230 A. 2388
2013-2014 Regular Sessions
SENATE - ASSEMBLY
January 14, 2013
IN SENATE -- Introduced by Sens. KLEIN, SMITH -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. SILVER, LENTOL, ORTIZ, MORELLE,
FARRELL, WEINSTEIN, CAMARA, HOOPER, O'DONNELL, TITONE, PAULIN, MOYA,
GLICK, WRIGHT, SCHIMEL, GOTTFRIED, ROSENTHAL, KAVANAGH, STECK, WEPRIN
-- Multi-Sponsored by -- M. of A. ABINANTI, BOYLAND, BRENNAN,
BROOK-KRASNY, BUCHWALD, CASTRO, COLTON, DINOWITZ, ENGLEBRIGHT, ESPI
NAL, FAHY, JACOBS, JAFFEE, KELLNER, KIM, LAVINE, LIFTON, MARKEY,
MAYER, MILLMAN, MOSLEY, OTIS, ROSA, ROZIC -- (at request of the Gover
nor) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the correction law, the
family court act, the executive law, the general business law, the
judiciary law, the mental hygiene law, the penal law and the surro
gate's court procedure act, in relation to suspension and revocation
of firearms licenses; private sale or disposal of firearms, rifles or
shotguns and establishing a minimum age to possess a firearm; to amend
the family court act, the domestic relations law and the criminal
procedure law, in relation to providing for the mandatory suspension
or revocation of the firearms license of a person against whom an
order of protection or a temporary order of protection has been issued
under certain circumstances, or upon violation of any such order; to
amend the penal law, in relation to community guns and the criminal
sale of a firearm and in relation to the definitions of aggravated and
first degree murder; to amend chapter 408 of the laws of 1999 consti
tuting Kendra's Law, in relation to extending the expiration thereof;
and to amend the education law, in relation to the New York state
school safety improvement teams; and in relation to building aid for
metal detectors and safety devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12007-03-3
S. 2230 2 A. 2388
Section 1.
Section 330.20 of the criminal procedure law is amended by
adding a new subdivision 2-a to read as follows:
2-A. FIREARM, RIFLE OR SHOTGUN SURRENDER ORDER. UPON ENTRY OF A
VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT, OR
UPON THE ACCEPTANCE OF A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
DISEASE OR DEFECT, OR UPON A FINDING THAT THE DEFENDANT IS AN INCAPACI
TATED PERSON PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS CHAPTER,
THE COURT SHALL REVOKE THE DEFENDANT'S FIREARM LICENSE, IF ANY, INQUIRE
OF THE DEFENDANT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM, RIFLE
OR SHOTGUN OWNED OR POSSESSED BY SUCH DEFENDANT AND DIRECT THE SURRENDER
OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBPARAGRAPH (F) OF PARA
GRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF
SECTION 400.05 OF THE PENAL LAW.
S 2. The criminal procedure law is amended by adding a new section
380.96 to read as follows:
S 380.96 OBLIGATION OF SENTENCING COURT PURSUANT TO ARTICLE FOUR HUNDRED
OF THE PENAL LAW.
UPON JUDGMENT OF CONVICTION OF ANY OFFENSE WHICH WOULD REQUIRE THE
SEIZURE OF FIREARMS, SHOTGUNS OR RIFLES FROM AN INDIVIDUAL SO CONVICTED,
AND THE REVOCATION OF ANY LICENSE OR REGISTRATION ISSUED PURSUANT TO
ARTICLE FOUR HUNDRED OF THE PENAL LAW, THE JUDGE PRONOUNCING SENTENCE
SHALL DEMAND SURRENDER OF ANY SUCH LICENSE OR REGISTRATION AND ALL
FIREARMS, SHOTGUNS AND RIFLES. THE FAILURE TO SO DEMAND SURRENDER SHALL
NOT EFFECT THE VALIDITY OF ANY REVOCATION PURSUANT TO ARTICLE FOUR
HUNDRED OF THE PENAL LAW.
S 3.
Section 404 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. WITHIN A REASONABLE PERIOD PRIOR TO DISCHARGE OF AN INMATE COMMIT
TED FROM A STATE CORRECTIONAL FACILITY FROM A HOSPITAL IN THE DEPARTMENT
OF MENTAL HYGIENE TO THE COMMUNITY, THE DIRECTOR SHALL ENSURE THAT A
CLINICAL ASSESSMENT HAS BEEN COMPLETED TO DETERMINE WHETHER THE INMATE
MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDI
VISION (C) OF SECTION 9.60 OF THE MENTAL HYGIENE LAW. IF, AS A RESULT
OF SUCH ASSESSMENT, THE DIRECTOR DETERMINES THAT THE INMATE MEETS SUCH
CRITERIA, PRIOR TO DISCHARGE THE DIRECTOR OF THE HOSPITAL SHALL EITHER
PETITION FOR A COURT ORDER PURSUANT TO SECTION 9.60 OF THE MENTAL
HYGIENE LAW, OR REPORT IN WRITING TO THE DIRECTOR OF COMMUNITY SERVICES
OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INMATE IS EXPECTED TO RESIDE
SO THAT AN INVESTIGATION MAY BE CONDUCTED PURSUANT TO SECTION 9.47 OF
THE MENTAL HYGIENE LAW.
S 4. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
as added by chapter 644 of the laws of 1996, paragraph (a) of subdivi
sion 1 as amended by chapter 434 of the laws of 2000, the opening para
graph of subdivision 3 as amended by chapter 597 of the laws of 1998,
paragraph (a) of subdivision 3 as amended by chapter 635 of the laws of
1999, are amended to read as follows:
1. [Mandatory and permissive suspension] SUSPENSION of firearms
license and ineligibility for such a license upon the issuance of a
temporary order of protection. Whenever a temporary order of protection
is issued pursuant to section eight hundred twenty-eight of this
article, OR PURSUANT TO ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS
ACT:
(a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
S. 2230 3 A. 2388
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the court receives information that gives the court good cause to
believe that: (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal law; (ii) the
respondent has previously been found to have willfully failed to obey a
prior order of protection and such willful failure involved (A) the
infliction of [serious] physical injury, as defined in subdivision [ten]
NINE of section 10.00 of the penal law, (B) the use or threatened use of
a deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(C) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iii) the respondent has a prior
conviction for stalking in the first degree as defined in section 120.60
of the penal law, stalking in the second degree as defined in section
120.55 of the penal law, stalking in the third degree as defined in
section 120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law; and
(b) the court [may] SHALL where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed by
the respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
2. [Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon the issuance
of an order of protection. Whenever an order of protection is issued
pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the court finds that the conduct which resulted in the issuance of the
order of protection involved (i) the infliction of [serious] physical
injury, as defined in subdivision [ten] NINE of section 10.00 of the
penal law, (ii) the use or threatened use of a deadly weapon or danger
ous instrument as those terms are defined in subdivisions twelve and
thirteen of section 10.00 of the penal law, or (iii) behavior constitut
ing any violent felony offense as defined in section 70.02 of the penal
law; and
(b) the court [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed or
(ii) suspend or continue to suspend any such existing license possessed
by the respondent, order the respondent ineligible for such a license,
and order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARA
GRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF
S. 2230 4 A. 2388
SECTION 400.05 OF THE PENAL LAW, of any or all firearms owned or
possessed.
3. [Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection OR TEMPORARY ORDER OF
PROTECTION. Whenever a respondent has been found, pursuant to section
eight hundred forty-six-a of this part to have willfully failed to obey
an order of protection OR TEMPORARY ORDER OF PROTECTION issued PURSUANT
TO THIS ACT OR THE DOMESTIC RELATIONS LAW, OR by this court or [an order
of protection issued] by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction, in addition to any other
remedies available pursuant to section eight hundred forty-six-a of this
part:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the willful failure to obey such order involves (i) the infliction of
[serious] physical injury, as defined in subdivision [ten] NINE of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law; and
(b) the court [may] SHALL where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license,
whether or not the respondent possesses such a license, and order the
immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF
THE PENAL LAW, of any or all firearms owned or possessed or (ii) suspend
any such existing license possessed by the respondent, order the
respondent ineligible for such a license, and order the immediate
surrender of any or all firearms owned or possessed.
S 5.
Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, is amended to read as follows:
S 846-a. Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under this
article or an order of protection OR TEMPORARY ORDER OF PROTECTION
issued PURSUANT TO THIS ACT OR ISSUED by a court of competent jurisdic
tion of another state, territorial or tribal jurisdiction [in a proceed-
ing] and if, after hearing, the court is satisfied by competent proof
that the respondent has willfully failed to obey any such order, the
court may modify an existing order OR TEMPORARY ORDER OF PROTECTION to
add reasonable conditions of behavior to the existing order [of
protection], make a new order of protection in accordance with section
eight hundred forty-two OF THIS PART, may order the forfeiture of bail
in a manner consistent with article five hundred forty of the criminal
S. 2230 5 A. 2388
procedure law if bail has been ordered pursuant to this act, may order
the respondent to pay the petitioner's reasonable and necessary counsel
fees in connection with the violation petition where the court finds
that the violation of its order was willful, and may commit the respond
ent to jail for a term not to exceed six months. Such commitment may be
served upon certain specified days or parts of days as the court may
direct, and the court may, at any time within the term of such sentence,
revoke such suspension and commit the respondent for the remainder of
the original sentence, or suspend the remainder of such sentence. If the
court determines that the willful failure to obey such order involves
violent behavior constituting the crimes of menacing, reckless endanger
ment, assault or attempted assault and if such a respondent is licensed
to carry, possess, repair and dispose of firearms pursuant to section
400.00 of the penal law, the court may also immediately revoke such
license and may arrange for the immediate surrender PURSUANT TO SUBPARA
GRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDI
VISION SIX OF SECTION 400.05 OF THE PENAL LAW, and disposal of any
firearm such respondent owns or possesses. If the willful failure to
obey such order involves the infliction of [serious] physical injury as
defined in subdivision [ten] NINE of section 10.00 of the penal law or
the use or threatened use of a deadly weapon or dangerous instrument, as
those terms are defined in subdivisions twelve and thirteen of section
10.00 of the penal law, such revocation and immediate surrender PURSUANT
TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20
AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW SIX and disposal
of any firearm owned or possessed by respondent shall be mandatory,
pursuant to subdivision eleven of section 400.00 of the penal law.
S 6. The family court act is amended by adding a new section 446-a to
read as follows:
S 446-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
S 7. The family court act is amended by adding a new section 552 to
read as follows:
S 552. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
S 8. The family court act is amended by adding a new section 656-a to
read as follows:
S 656-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
S 9. The family court act is amended by adding a new section 780-a to
read as follows:
S. 2230 6 A. 2388
S 780-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
S 10. The family court act is amended by adding a new section 1056-a
to read as follows:
S 1056-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE AN ORDER IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF
THIS ACT.
S 11. The first undesignated and closing paragraphs of subdivision 3
of section 240 of the domestic relations law, as added by chapter 606 of
the laws of 1999, are amended to read as follows:
G. Any party moving for a temporary order of protection pursuant to
this subdivision during hours when the court is open shall be entitled
to file such motion or pleading containing such prayer for emergency
relief on the same day that such person first appears at such court, and
a hearing on the motion or portion of the pleading requesting such emer
gency relief shall be held on the same day or the next day that the
court is in session following the filing of such motion or pleading.
H. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court [may] SHALL make
[an order] A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS in
accordance with [section] SECTIONS eight hundred forty-two-a AND EIGHT
HUNDRED FORTY-SIX-A of the family court act [directing the surrender of
firearms, revoking or suspending a party's firearms license, and/or
directing that such party be ineligible to receive a firearms license],
AS APPLICABLE. Upon issuance of an order of protection pursuant to this
section or upon a finding of a violation thereof, the court also may
direct payment of restitution in an amount not to exceed ten thousand
dollars in accordance with subdivision (e) of section eight hundred
forty-one of such act; provided, however, that in no case shall an order
of restitution be issued where the court determines that the party
against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
judgment or settlement of the action.
S 12. Subdivision 9 of section 252 of the domestic relations law, as
added by chapter 606 of the laws of 1999, is amended to read as follows:
9. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court [may take an
order] SHALL MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCA
TION OF A LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR
FIREARMS, INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS
in accordance with [section] SECTIONS eight hundred forty-two-a AND
EIGHT HUNDRED FORTY-SIX-A of the family court act [directing the surren-
der of firearms, revoking or suspending a party's firearms license,
and/or directing that such party be ineligible to receive a firearms
license], AS APPLICABLE. Upon issuance of an order of protection pursu
ant to this section or upon a finding of a violation thereof, the court
also may direct payment of restitution in an amount not to exceed ten
S. 2230 7 A. 2388
thousand dollars in accordance with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case shall
an order of restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
[judgement] JUDGMENT or settlement of the action.
S 13. The opening paragraph and paragraph (b) of subdivision 1 of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
[Mandatory and permissive suspension] SUSPENSION of firearms license
and ineligibility for such a license upon issuance of temporary order of
protection. Whenever a temporary order of protection is issued pursuant
to subdivision one of section 530.12 or subdivision one of section
530.13 of this article:
(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
S 14. The opening paragraph and paragraph (b) of subdivision 2 of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
[Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon issuance of
an order of protection. Whenever an order of protection is issued pursu
ant to subdivision five of section 530.12 or subdivision four of section
530.13 of this article:
(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or possessed
or (ii) suspend or continue to suspend any such existing license
possessed by the defendant, order the defendant ineligible for such a
license and order the immediate surrender PURSUANT TO SUBPARAGRAPH (F)
OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX
OF SECTION 400.05 OF THE PENAL LAW, of any or all firearms owned or
possessed.
S 15. The opening paragraph and paragraph (b) of subdivision 3 of
section 530.14 of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:
[Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection. Whenever a defendant
has been found pursuant to subdivision eleven of section 530.12 or
subdivision eight of section 530.13 of this article to have willfully
failed to obey an order of protection issued by a court of competent
jurisdiction in this state or another state, territorial or tribal
jurisdiction, in addition to any other remedies available pursuant to
subdivision eleven of section 530.12 or subdivision eight of section
530.13 of this article:
S. 2230 8 A. 2388
(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed or
(ii) suspend any such existing license possessed by the defendant, order
the defendant ineligible for such a license and order the immediate
surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL
LAW, of any or all firearms owned or possessed.
S 16.
Section 837 of the executive law is amended by adding a new
subdivision 19 to read as follows:
19. RECEIVE NAMES AND OTHER NON-CLINICAL IDENTIFYING INFORMATION
PURSUANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW; PROVIDED, HOWEVER,
ANY SUCH INFORMATION SHALL BE DESTROYED FIVE YEARS AFTER SUCH RECEIPT,
OR PURSUANT TO A PROCEEDING BROUGHT UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES DETERMINING THAT AN INDIVIDUAL IS ELIGIBLE
FOR A LICENSE PURSUANT TO SECTION 400.00 OF THE PENAL LAW AND OTHERWISE
PERMITTED TO POSSESS A FIREARM.
S 17. The general business law is amended by adding a new article
39-DDD to read as follows:
ARTICLE 39-DDD
PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
SECTION 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.
S 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS. 1.
IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO STATE AND FEDERAL LAW,
ALL SALES, EXCHANGES OR DISPOSALS OF FIREARMS, RIFLES OR SHOTGUNS 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, 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, CHILDREN AND STEP-CHIL
DREN.
2. BEFORE ANY SALE, EXCHANGE OR DISPOSAL PURSUANT TO THIS ARTICLE, A
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK MUST BE COMPLETED BY A DEALER
WHO CONSENTS TO CONDUCT SUCH CHECK, AND UPON COMPLETION OF SUCH BACK
GROUND CHECK, SHALL COMPLETE A DOCUMENT, THE FORM OF WHICH SHALL BE
APPROVED BY THE SUPERINTENDENT OF STATE POLICE, THAT IDENTIFIES AND
CONFIRMS THAT SUCH CHECK WAS PERFORMED.
3. ALL DEALERS SHALL MAINTAIN A RECORD OF SUCH TRANSACTIONS CONDUCTED
PURSUANT TO THIS SECTION AND SUCH RECORD SHALL BE MAINTAINED ON THE
PREMISES MENTIONED AND DESCRIBED IN THE LICENSE AND SHALL BE OPEN AT ALL
REASONABLE HOURS FOR INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO
HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER.
4. A DEALER MAY REQUIRE THAT ANY SALE OR TRANSFER CONDUCTED PURSUANT
TO THIS SECTION BE SUBJECT TO A FEE OF NOT TO EXCEED TEN DOLLARS PER
TRANSACTION.
5. ANY RECORD PRODUCED PURSUANT TO THIS SECTION AND ANY TRANSMISSION
THEREOF TO ANY GOVERNMENT AGENCY SHALL NOT BE CONSIDERED A PUBLIC RECORD
FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
S. 2230 9 A. 2388
6. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN
THE PENAL LAW.
S 18. Paragraph (q) of subdivision 2 of section 212 of the judiciary
law, as added by chapter 491 of the laws of 2008, is amended to read as
follows:
(q) Adopt rules to require transmission, to the criminal justice
information services division of the federal bureau of investigation or
to the division of criminal justice services, of the name and other
identifying information of each person who has a guardian appointed for
him or her pursuant to any provision of state law, based on a determi
nation that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, he or she lacks the mental
capacity to contract or manage his or her own affairs. ANY SUCH RECORDS
TRANSMITTED DIRECTLY TO THE FEDERAL BUREAU OF INVESTIGATION MUST ALSO BE
TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND ANY
RECORDS RECEIVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT
TO THIS PARAGRAPH MAY BE CHECKED AGAINST THE STATEWIDE LICENSE AND
RECORD DATABASE.
S 19. Subdivision (j) of section 7.09 of the mental hygiene law, as
added by chapter 491 of the laws of 2008, is amended to read as follows:
(j) (1) The commissioner, in cooperation with other applicable state
agencies, shall [be authorized to] collect, retain or modify data or
records, [or to] AND SHALL transmit such data or records: (I) to the
division of criminal justice services, or to the criminal justice infor
mation services division of the federal bureau of investigation, for the
purposes of responding to queries to the national instant criminal back
ground check system regarding attempts to purchase or otherwise take
possession of firearms, as defined in 18 USC 921(a)(3), in accordance
with applicable federal laws or regulations, OR (II) TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES, WHICH MAY RE-DISCLOSE SUCH DATA AND RECORDS
ONLY FOR DETERMINING WHETHER A LICENSE ISSUED PURSUANT TO SECTION 400.00
OF THE PENAL LAW SHOULD BE DENIED, SUSPENDED OR REVOKED, UNDER SUBDIVI
SION ELEVEN OF SUCH SECTION, OR FOR DETERMINING WHETHER A PERSON IS NO
LONGER PERMITTED UNDER FEDERAL OR STATE LAW TO POSSESS A FIREARM. Such
records, WHICH MAY NOT BE USED FOR ANY OTHER PURPOSE, shall include only
names and other non-clinical identifying information of persons who have
been involuntarily committed to a hospital pursuant to article nine of
this chapter, OR SECTION FOUR HUNDRED TWO OR SUBDIVISION TWO OF SECTION
FIVE HUNDRED EIGHT OF THE CORRECTION LAW, or article seven hundred thir
ty or section 330.20 of the criminal procedure law or sections 322.2 or
353.4 of the family court act, or to a secure treatment facility pursu
ant to article ten of this chapter.
(2) The commissioner shall establish within the office of mental
health an administrative process to permit a person who has been or may
be disqualified from possessing such a firearm pursuant to 18 USC
922(4)(d) OR WHO HAS BEEN OR MAY BE DISQUALIFIED FROM CONTINUING TO HAVE
A LICENSE TO CARRY, POSSESS, REPAIR, OR DISPOSE OF A FIREARM UNDER
SECTION 400.00 OF THE PENAL LAW BECAUSE SUCH PERSON WAS INVOLUNTARILY
COMMITTED OR CIVILLY CONFINED TO A FACILITY UNDER THE JURISDICTION OF
THE COMMISSIONER, to petition for relief from that disability where such
person's record and reputation are such that such person will not be
likely to act in a manner dangerous to public safety and where the
granting of the relief would not be contrary to public safety. The
commissioner shall promulgate regulations to establish the relief from
disabilities program, which shall include, but not be limited to,
S. 2230 10 A. 2388
provisions providing for: (i) an opportunity for a disqualified person
to petition for relief in writing; (ii) the authority for the agency to
require that the petitioner undergo a clinical evaluation and risk
assessment; and (iii) a requirement that the agency issue a decision in
writing explaining the reasons for a denial or grant of relief. The
denial of a petition for relief from disabilities may be reviewed de
novo pursuant to the proceedings under article seventy-eight of the
civil practice law and rules.
S 20. The mental hygiene law is amended by adding a new section 9.46
to read as follows:
S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM BY MENTAL HEALTH
PROFESSIONALS.
(A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PROFES
SIONAL" SHALL INCLUDE A PHYSICIAN, PSYCHOLOGIST, REGISTERED NURSE OR
LICENSED CLINICAL SOCIAL WORKER.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A MENTAL
HEALTH PROFESSIONAL CURRENTLY PROVIDING TREATMENT SERVICES TO A PERSON
DETERMINES, IN THE EXERCISE OF REASONABLE PROFESSIONAL JUDGMENT, THAT
SUCH PERSON IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS
HARM TO SELF OR OTHERS, HE OR SHE SHALL BE REQUIRED TO REPORT, AS SOON
AS PRACTICABLE, TO THE DIRECTOR OF COMMUNITY SERVICES, OR THE DIRECTOR'S
DESIGNEE, WHO SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES
WHENEVER HE OR SHE AGREES THAT THE PERSON IS LIKELY TO ENGAGE IN SUCH
CONDUCT. INFORMATION TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL BE LIMITED TO NAMES AND OTHER NON-CLINICAL IDENTIFYING
INFORMATION, WHICH MAY ONLY BE USED FOR DETERMINING WHETHER A LICENSE
ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW SHOULD BE SUSPENDED
OR REVOKED, OR FOR DETERMINING WHETHER A PERSON IS INELIGIBLE FOR A
LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW, OR IS NO
LONGER PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON
ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH MENTAL HEALTH PROFES
SIONAL OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
(D) THE DECISION OF A MENTAL HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO
DISCLOSE IN ACCORDANCE WITH THIS SECTION, WHEN MADE REASONABLY AND IN
GOOD FAITH, SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
OF SUCH MENTAL HEALTH PROFESSIONAL.
S 21. Paragraph 5 of subdivision (b) of section 9.47 of the mental
hygiene law is renumbered paragraph 7 and two new paragraphs 5 and 6 are
added to read as follows:
(5) ENSURING EVALUATION OF THE NEED FOR ONGOING ASSISTED OUTPATIENT
TREATMENT PURSUANT TO SUBDIVISION (K) OF SECTION 9.60 OF THIS ARTICLE
PRIOR TO THE EXPIRATION OF ANY ASSISTED OUTPATIENT TREATMENT ORDER;
(6) IF HE OR SHE HAS BEEN ORDERED TO PROVIDE FOR OR ARRANGE FOR
ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION
(J) OF SECTION 9.60 OF THIS ARTICLE OR BECAME THE APPROPRIATE DIRECTOR
PURSUANT TO THIS PARAGRAPH OR SUBDIVISION (C) OF SECTION 9.48 OF THIS
ARTICLE, NOTIFYING THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY
OF RESIDENCE WHEN HE OR SHE HAS REASON TO BELIEVE THAT AN ASSISTED
OUTPATIENT HAS OR WILL CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE
PENDENCY OF AN ASSISTED OUTPATIENT TREATMENT ORDER. UPON SUCH CHANGE OF
RESIDENCE, THE DIRECTOR OF THE NEW COUNTY OF RESIDENCE SHALL BECOME THE
APPROPRIATE DIRECTOR, AS SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS
ARTICLE; AND
S. 2230 11 A. 2388
S 22.
Section 9.48 of the mental hygiene law is amended by adding a
new subdivision (c) to read as follows:
(C) DIRECTORS OF ASSISTED OUTPATIENT TREATMENT PROGRAMS PROVIDING
SERVICES DESCRIBED IN PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION 9.60
OF THIS ARTICLE PURSUANT TO ANY COURT ORDER ISSUED UNDER SUCH SECTION
SHALL EVALUATE THE NEED FOR ONGOING ASSISTED OUTPATIENT TREATMENT PURSU
ANT TO SUBDIVISION (K) OF SECTION 9.60 OF THIS ARTICLE PRIOR TO THE
EXPIRATION OF ANY ASSISTED OUTPATIENT TREATMENT ORDER; AND SHALL NOTIFY
THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY OF RESIDENCE WHEN
HE OR SHE HAS REASON TO BELIEVE THAT AN ASSISTED OUTPATIENT HAS OR WILL
CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE PENDENCY OF AN ASSISTED
OUTPATIENT TREATMENT ORDER. UPON SUCH CHANGE OF RESIDENCE, THE DIRECTOR
OF THE NEW COUNTY OF RESIDENCE SHALL BECOME THE APPROPRIATE DIRECTOR, AS
SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS ARTICLE.
S 23. Paragraph 3 of subdivision (a), paragraphs 2 and 5 of subdivi
sion (j) and subdivisions (k) and (n) of section 9.60 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005, are amended
to read as follows:
(3) "director of community services" and "local governmental unit"
shall have the same meanings as provided in article forty-one of this
chapter. THE "APPROPRIATE DIRECTOR" SHALL MEAN THE DIRECTOR OF COMMUNI
TY SERVICES OF THE COUNTY WHERE THE ASSISTED OUTPATIENT RESIDES, EVEN IF
IT IS A DIFFERENT COUNTY THAN THE COUNTY WHERE THE ASSISTED OUTPATIENT
TREATMENT ORDER WAS ORIGINALLY ISSUED.
(2) If after hearing all relevant evidence, the court finds by clear
and convincing evidence that the subject of the petition meets the
criteria for assisted outpatient treatment, and there is no appropriate
and feasible less restrictive alternative, the court may order the
subject to receive assisted outpatient treatment for an initial period
not to exceed [six months] ONE YEAR. In fashioning the order, the court
shall specifically make findings by clear and convincing evidence that
the proposed treatment is the least restrictive treatment appropriate
and feasible for the subject. The order shall state an assisted outpa
tient treatment plan, which shall include all categories of assisted
outpatient treatment, as set forth in paragraph one of subdivision (a)
of this section, which the assisted outpatient is to receive, but shall
not include any such category that has not been recommended in both the
proposed written treatment plan and the testimony provided to the court
pursuant to subdivision (i) of this section.
(5) If the petitioner is the director of a hospital that operates an
assisted outpatient treatment program, the court order shall direct the
hospital director to provide or arrange for all categories of assisted
outpatient treatment for the assisted outpatient throughout the period
of the order. [For all other persons] IN ALL OTHER INSTANCES, the order
shall require the APPROPRIATE director [of community services of the
appropriate local governmental unit], AS THAT TERM IS DEFINED IN THIS
SECTION, to provide or arrange for all categories of assisted outpatient
treatment for the assisted outpatient throughout the period of the
order.
(k) Petition for additional periods of treatment. (1) PRIOR TO THE
EXPIRATION OF AN ORDER PURSUANT TO THIS SECTION, THE APPROPRIATE DIREC
TOR SHALL REVIEW WHETHER THE ASSISTED OUTPATIENT CONTINUES TO MEET THE
CRITERIA FOR ASSISTED OUTPATIENT TREATMENT. IF, AS DOCUMENTED IN THE
PETITION, THE DIRECTOR DETERMINES THAT SUCH CRITERIA CONTINUE TO BE MET
OR HAS MADE APPROPRIATE ATTEMPTS TO, BUT HAS NOT BEEN SUCCESSFUL IN
ELICITING, THE COOPERATION OF THE SUBJECT TO SUBMIT TO AN EXAMINATION,
S. 2230 12 A. 2388
WITHIN THIRTY DAYS PRIOR TO THE EXPIRATION OF AN ORDER OF ASSISTED
OUTPATIENT TREATMENT, SUCH DIRECTOR MAY PETITION THE COURT TO ORDER
CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH TWO OF
THIS SUBDIVISION. UPON DETERMINING WHETHER SUCH CRITERIA CONTINUE TO BE
MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINATOR IN WRITING AS TO
WHETHER A PETITION FOR CONTINUED ASSISTED OUTPATIENT TREATMENT IS
WARRANTED AND WHETHER SUCH A PETITION WAS OR WILL BE FILED.
(2) Within thirty days prior to the expiration of an order of assisted
outpatient treatment, the appropriate director or the current petition
er, if the current petition was filed pursuant to subparagraph (i) or
(ii) of paragraph one of subdivision (e) of this section, and the
current petitioner retains his or her original status pursuant to the
applicable subparagraph, may petition the court to order continued
assisted outpatient treatment for a period not to exceed one year from
the expiration date of the current order. If the court's disposition of
such petition does not occur prior to the expiration date of the current
order, the current order shall remain in effect until such disposition.
The procedures for obtaining any order pursuant to this subdivision
shall be in accordance with the provisions of the foregoing subdivisions
of this section; provided that the time restrictions included in para
graph four of subdivision (c) of this section shall not be applicable.
The notice provisions set forth in paragraph six of subdivision (j) of
this section shall be applicable. Any court order requiring periodic
blood tests or urinalysis for the presence of alcohol or illegal drugs
shall be subject to review after six months by the physician who devel
oped the written treatment plan or another physician designated by the
director, and such physician shall be authorized to terminate such blood
tests or urinalysis without further action by the court.
(n) Failure to comply with assisted outpatient treatment. Where in the
clinical judgment of a physician, (i) the assisted outpatient, has
failed or refused to comply with the assisted outpatient treatment, (ii)
efforts were made to solicit compliance, and (iii) such assisted outpa
tient may be in need of involuntary admission to a hospital pursuant to
section 9.27 of this article or immediate observation, care and treat
ment pursuant to section 9.39 or 9.40 of this article, such physician
may request the APPROPRIATE director of community services, the direc
tor's designee, or any physician designated by the director of community
services pursuant to section 9.37 of this article, to direct the removal
of such assisted outpatient to an appropriate hospital for an examina
tion to determine if such person has a mental illness for which hospi
talization is necessary pursuant to section 9.27, 9.39 or 9.40 of this
article. Furthermore, if such assisted outpatient refuses to take medi
cations as required by the court order, or he or she refuses to take, or
fails a blood test, urinalysis, or alcohol or drug test as required by
the court order, such physician may consider such refusal or failure
when determining whether the assisted outpatient is in need of an exam
ination to determine whether he or she has a mental illness for which
hospitalization is necessary. Upon the request of such physician, the
APPROPRIATE director, the director's designee, or any physician desig
nated pursuant to section 9.37 of this article, may direct peace offi
cers, acting pursuant to their special duties, or police officers who
are members of an authorized police department or force or of a sher
iff's department to take the assisted outpatient into custody and trans
port him or her to the hospital operating the assisted outpatient treat
ment program or to any hospital authorized by the director of community
services to receive such persons. Such law enforcement officials shall
S. 2230 13 A. 2388
carry out such directive. Upon the request of such physician, the APPRO
PRIATE director, the director's designee, or any physician designated
pursuant to section 9.37 of this article, an ambulance service, as
defined by subdivision two of section three thousand one of the public
health law, or an approved mobile crisis outreach team as defined in
section 9.58 of this article shall be authorized to take into custody
and transport any such person to the hospital operating the assisted
outpatient treatment program, or to any other hospital authorized by the
APPROPRIATE director of community services to receive such persons. Any
director of community services, or designee, shall be authorized to
direct the removal of an assisted outpatient who is present in his or
her county to an appropriate hospital, in accordance with the provisions
of this subdivision, based upon a determination of the appropriate
director of community services directing the removal of such assisted
outpatient pursuant to this subdivision. Such person may be retained for
observation, care and treatment and further examination in the hospital
for up to seventy-two hours to permit a physician to determine whether
such person has a mental illness and is in need of involuntary care and
treatment in a hospital pursuant to the provisions of this article. Any
continued involuntary retention in such hospital beyond the initial
seventy-two hour period shall be in accordance with the provisions of
this article relating to the involuntary admission and retention of a
person. If at any time during the seventy-two hour period the person is
determined not to meet the involuntary admission and retention
provisions of this article, and does not agree to stay in the hospital
as a voluntary or informal patient, he or she must be released. Failure
to comply with an order of assisted outpatient treatment shall not be
grounds for involuntary civil commitment or a finding of contempt of
court.
S 24. Subdivision (g) of section 13.09 of the mental hygiene law, as
amended by chapter 168 of the laws of 2010, is amended to read as
follows:
(g) (1) The commissioner, in cooperation with other applicable state
agencies, shall [be authorized to] collect, retain or modify data or
records, [or to] AND SHALL transmit such data or records to: (I) the
division of criminal justice services, or to the criminal justice infor
mation services division of the federal bureau of investigation, for the
purposes of responding to queries to the national instant criminal back
ground check system regarding attempts to purchase or otherwise take
possession of firearms, as defined in 18 USC 921(a)(3), in accordance
with applicable federal laws or regulations, OR (II) TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES, FOR THE PURPOSES OF DETERMINING WHETHER A
LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW SHOULD BE
DENIED, SUSPENDED OR REVOKED, UNDER SUBDIVISION ELEVEN OF SUCH SECTION,
OR FOR DETERMINING WHETHER A PERSON IS NO LONGER PERMITTED UNDER FEDERAL
OR STATE LAW TO POSSESS A FIREARM. Such records shall include only
names and other non-clinical identifying information of persons who have
had a guardian appointed for them pursuant to any provision of state
law, based on a determination that as a result of marked subnormal
intelligence, mental illness, incapacity, condition or disease, they
lack the mental capacity to contract or manage their own affairs, and
persons who have been involuntarily committed to a facility pursuant to
article fifteen of this chapter, or article seven hundred thirty or
section 330.20 of the criminal procedure law or sections 322.2 or 353.4
of the family court act.
S. 2230 14 A. 2388
(2) The commissioner shall establish within the office for people with
developmental disabilities an administrative process to permit a person
who has been or may be disqualified from possessing such a firearm
pursuant to 18 USC 922(4)(d), OR WHO HAS BEEN OR MAY BE DISQUALIFIED
FROM CONTINUING TO HAVE A LICENSE TO CARRY, POSSESS, REPAIR, OR DISPOSE
OF A FIREARM UNDER SECTION 400.00 OF THE PENAL LAW BECAUSE SUCH PERSON
WAS INVOLUNTARILY COMMITTED OR CIVILLY CONFINED TO A FACILITY UNDER THE
JURISDICTION OF THE COMMISSIONER, to petition for relief from that disa
bility where such person's record and reputation are such that such
person will not be likely to act in a manner dangerous to public safety
and where the granting of the relief would not be contrary to public
safety. The commissioner shall promulgate regulations to establish the
relief from disabilities program, which shall include, but not be limit
ed to, provisions providing for: (i) an opportunity for a disqualified
person to petition for relief in writing; (ii) the authority for the
agency to require that the petitioner undergo a clinical evaluation and
risk assessment; and (iii) a requirement that the agency issue a deci
sion in writing explaining the reasons for a denial or grant of relief.
The denial of a petition for relief from disabilities may be reviewed de
novo pursuant to the proceedings under article seventy-eight of the
civil practice law and rules.
S 25. Paragraph 12 of subdivision (c) of section 33.13 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005, is amended
and a new paragraph 15 is added to read as follows:
12. to a director of community services as defined in article nine of
this chapter or his OR HER designee, provided that such director or his
or her designee (I) requests such information in the exercise of his or
her statutory functions, powers and duties pursuant to section 9.37,
9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter; OR (II) THE DISCLOSURE
OF INFORMATION IS REQUIRED PURSUANT TO SECTION 9.46 OF THIS CHAPTER.
15. TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, NAMES AND OTHER
NON-CLINICAL IDENTIFYING INFORMATION FOR THE SOLE PURPOSE OF IMPLEMENT
ING THE DIVISION'S RESPONSIBILITIES AND DUTIES UNDER SECTIONS 400.00 AND
400.02 OF THE PENAL LAW.
S 26.
Section 10.00 of the penal law is amended by adding a new subdi
vision 21 to read as follows:
21. "DRUG TRAFFICKING FELONY" MEANS ANY OF THE FOLLOWING OFFENSES
DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER: VIOLATION OF USE
OF A CHILD TO COMMIT A CONTROLLED SUBSTANCE OFFENSE AS DEFINED IN
SECTION 220.28; CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH
DEGREE AS DEFINED IN SECTION 220.34; CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39; CRIMINAL
SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE AS DEFINED IN
SECTION 220.41; CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
DEGREE AS DEFINED IN SECTION 220.43; CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN OR NEAR SCHOOL GROUNDS AS DEFINED IN SECTION 220.44; UNLAW
FUL MANUFACTURE OF METHAMPHETAMINE IN THE SECOND DEGREE AS DEFINED IN
SECTION 220.74; UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN THE FIRST
DEGREE AS DEFINED IN SECTION 220.75; OR OPERATING AS A MAJOR TRAFFICKER
AS DEFINED IN SECTION 220.77.
S 26-a. The penal law is amended by adding a new section 60.11-a to
read as follows:
S 60.11-A AUTHORIZED DISPOSITIONS; CERTAIN CRIMINAL POSSESSION OF A
WEAPON IN THE THIRD DEGREE OFFENDERS.
WHEN A PERSON IS TO BE SENTENCED UPON CONVICTION OF THE CRIME OF CRIM
INAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN SUBDIVI
S. 2230 15 A. 2388
SION TEN OF SECTION 265.02 OF THIS CHAPTER, THE COURT MUST SENTENCE SUCH
DEFENDANT TO A DETERMINATE SENTENCE AS PROVIDED IN SUBPARAGRAPH (II) OF
PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS CHAPTER,
UNLESS A GREATER MINIMUM SENTENCE IS OTHERWISE REQUIRED BY ANOTHER
PROVISION OF THIS CHAPTER.
S 27. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (b) as amended by chapter 148 of the laws of 2011
and paragraph (c) as amended by chapter 405 of the laws of 2010, are
amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision; aggra
vated criminally negligent homicide as defined in section 125.11, aggra
vated manslaughter in the second degree as defined in section 125.21,
aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim
inal possession of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second degree as defined in
section 265.08, criminal sale of a firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of a
minor as defined in section 265.14, AGGRAVATED CRIMINAL POSSESSION OF A
WEAPON AS DEFINED IN SECTION 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined in section 490.15,
hindering prosecution of terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or biolog
ical weapon in the third degree as defined in section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child in the second degree as defined in
section 130.80, aggravated sexual abuse in the third degree as defined
in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven [or],
eight, NINE OR TEN of section 265.02, criminal sale of a firearm in the
third degree as defined in section 265.11, intimidating a victim or
witness in the second degree as defined in section 215.16, soliciting or
providing support for an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in the first degree as
defined in section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
S. 2230 16 A. 2388
S 28. The opening paragraph of paragraph (c) of subdivision 2 of
section 70.02 of the penal law, as amended by chapter 764 of the laws of
2005, is amended to read as follows:
Except as provided in subdivision six of section 60.05, the sentence
imposed upon a person who stands convicted of the class D violent felony
offenses of criminal possession of a weapon in the third degree as
defined in subdivision [four,] five, seven [or], eight OR NINE of
section 265.02, criminal sale of a firearm in the third degree as
defined in section 265.11 or the class E violent felonies of attempted
criminal possession of a weapon in the third degree as defined in subdi
vision [four,] five, seven [or], eight OR NINE of section 265.02 must be
a sentence to a determinate period of imprisonment, or, in the alterna
tive, a definite sentence of imprisonment for a period of no less than
one year, except that:
S 29. Paragraph (b) of subdivision 3 of section 70.02 of the penal
law, as amended by chapter 765 of the laws of 2005, is amended to read
as follows:
(b) For a class C felony, the term must be at least three and one-half
years and must not exceed fifteen years, provided, however, that the
term must be: (i) at least seven years and must not exceed twenty years
where the sentence is for the crime of aggravated manslaughter in the
second degree as defined in section 125.21 of this chapter; (ii) at
least seven years and must not exceed twenty years where the sentence is
for the crime of attempted aggravated assault upon a police officer or
peace officer as defined in section 120.11 of this chapter; [and] (iii)
at least three and one-half years and must not exceed twenty years where
the sentence is for the crime of aggravated criminally negligent homi
cide as defined in section 125.11 of this chapter; AND (IV) AT LEAST
FIVE YEARS AND MUST NOT EXCEED FIFTEEN YEARS WHERE THE SENTENCE IS
IMPOSED FOR THE CRIME OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS
DEFINED IN SECTION 265.19 OF THIS CHAPTER;
S 30. Paragraph (c) of subdivision 3 of section 70.02 of the penal
law, as amended by chapter 765 of the laws of 2005, is amended to read
as follows:
(c) For a class D felony, the term must be at least two years and must
not exceed seven years, provided, however, that the term must be: (I) at
least two years and must not exceed eight years where the sentence is
for the crime of menacing a police officer or peace officer as defined
in section 120.18 of this chapter; and (II) AT LEAST THREE AND ONE-HALF
YEARS AND MUST NOT EXCEED SEVEN YEARS WHERE THE SENTENCE IS IMPOSED FOR
THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION TEN OF SECTION 265.02 OF THIS CHAPTER;
S 31. The penal law is amended by adding a new section 115.20 to read
as follows:
S 115.20 CRIMINAL FACILITATION; DEFINITIONS AND CONSTRUCTION.
FOR PURPOSES OF THIS ARTICLE, SUCH CONDUCT SHALL INCLUDE, BUT NOT BE
LIMITED TO, MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
OF A COMMUNITY GUN, WHICH IN FACT, AIDS A PERSON TO COMMIT A CRIME.
"COMMUNITY GUN" SHALL MEAN A FIREARM THAT IS ACTUALLY SHARED, MADE
AVAILABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR
MORE PERSONS, AT LEAST ONE OF WHOM IS NOT AUTHORIZED PURSUANT TO LAW TO
POSSESS SUCH FIREARM. "DISPOSE OF" SHALL HAVE THE SAME MEANING AS THAT
TERM IS DEFINED IN SECTION 265.00 OF THIS CHAPTER. "SHARE" AND "MAKE
AVAILABLE" SHALL, IN THE CASE OF A FIREARM, BE CONSTRUED TO INCLUDE
KNOWINGLY PLACING SUCH FIREARM AT A LOCATION ACCESSIBLE AND KNOWN TO ONE
OR MORE OTHER PERSONS.
S. 2230 17 A. 2388
S 32.
Section 120.05 of the penal law is amended by adding a new
subdivision 4-a to read as follows:
4-A. HE RECKLESSLY CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHO IS A
CHILD UNDER THE AGE OF EIGHTEEN BY INTENTIONAL DISCHARGE OF A FIREARM,
RIFLE OR SHOTGUN; OR
S 33. Sections 34, 35 and 36 of this act shall be known and may be
cited as "Mark's Law".
S 34. The opening paragraph of subdivision 1 of section 125.26 of the
penal law, as added by chapter 765 of the laws of 2005, is amended to
read as follows:
With intent to cause the death of another person, he or she causes the
death of such person, or of a third person who was a person described in
subparagraph (i), (ii), (II-A) or (iii) of paragraph (a) of this subdi
vision engaged at the time of the killing in the course of performing
his or her official duties; and
S 35. Paragraph (a) of subdivision 1 of section 125.26 of the penal
law is amended by adding a new subparagraph (ii-a) to read as follows:
(II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH
NICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR REGISTERED NURSE
INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN THE
COURSE OF OFFICIAL DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES AND
WAS ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE DEFENDANT
KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS SUCH
FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC,
PHYSICIAN OR REGISTERED NURSE; OR
S 36. Paragraph (a) of subdivision 1 of section 125.27 of the penal
law is amended by adding a new subparagraph (ii-a) to read as follows:
(II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH
NICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR REGISTERED NURSE
INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN THE
COURSE OF OFFICIAL DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES AND
WAS ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE DEFENDANT
KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS SUCH
FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC,
PHYSICIAN OR REGISTERED NURSE; OR
S 37. Subdivision 22 of section 265.00 of the penal law, as added by
chapter 189 of the laws of 2000, is amended to read as follows:
22. "Assault weapon" means [(a) a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least two of the
following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor;
(v) a grenade launcher; or
(b) a semiautomatic shotgun that has at least two of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a fixed magazine capacity in excess of five rounds;
(iv) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least two of the following characteristics:
S. 2230 18 A. 2388
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encir-
cles, the barrel and that permits the shooter to hold the firearm with
the nontrigger hand without being burned;
(iv) a manufactured weight of fifty ounces or more when the pistol is
unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm;
or
(d) any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber, known
as:
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
(e) provided, however, that such term does not include: (i) any rifle,
shotgun or pistol that (A) is manually operated by bolt, pump, lever or
slide action; (B) has been rendered permanently inoperable; or (C) is an
antique firearm as defined in 18 U.S.C. 921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine;
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
manufactured on October first, nineteen hundred ninety-three. The mere
fact that a weapon is not listed in Appendix A shall not be construed to
mean that such weapon is an assault weapon; or
(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or any of the weapons defined in paragraph (d) of this subdivi-
sion lawfully possessed prior to September fourteenth, nineteen hundred
ninety-four.]
(A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A THUMBHOLE STOCK;
(IV) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(V) A BAYONET MOUNT;
(VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
BARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, OR
MUZZLE COMPENSATOR;
(VII) A GRENADE LAUNCHER; OR
S. 2230 19 A. 2388
(B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST ONE OF THE FOLLOWING
CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A THUMBHOLE STOCK;
(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
(V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
(C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A THUMBHOLE STOCK;
(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT ATTACHES TO THE
PISTOL OUTSIDE OF THE PISTOL GRIP;
(V) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
(VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR
CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NON-TRIGGER HAND WITHOUT BEING BURNED;
(VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED; OR
(VIII) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR
FIREARM;
(D) A REVOLVING CYLINDER SHOTGUN;
(E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF SUBDI
VISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER
ONE HUNDRED EIGHTY-NINE OF THE LAWS OF TWO THOUSAND AND OTHERWISE
LAWFULLY POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;
(F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI
SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;
(G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
(I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C.
921(A)(16);
(II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
(III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR
(IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED
ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A
WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO MEAN THAT
SUCH WEAPON IS AN ASSAULT WEAPON;
(V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;
(VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED AT LEAST
FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE
S. 2230 20 A. 2388
OF THAT IS VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER;
(H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
ANY LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS SUCH
WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
ANY SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN
TY-TWO HOURS OF SUCH TRANSFER. AN INDIVIDUAL WHO TRANSFERS ANY SUCH
WEAPON OR LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH
SHALL BE GUILTY OF A CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS MADE ILLEGAL BY
THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA
GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP
TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.
S 38. Subdivision 23 of section 265.00 of the penal law, as added by
chapter 189 of the laws of 2000, is amended to read as follows:
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, [manufactured after September thir-
teenth, nineteen hundred ninety-four,] that (A) has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition, OR (B) CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNI
TION, OR (C) IS OBTAINED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION AND HAS A
CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT,
MORE THAN SEVEN ROUNDS OF AMMUNITION; provided, however, that such term
does not include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition OR A
FEEDING DEVICE THAT IS A CURIO OR RELIC. A FEEDING DEVICE THAT IS A
CURIO OR RELIC IS DEFINED AS A DEVICE THAT (I) WAS MANUFACTURED AT LEAST
FIFTY YEARS PRIOR TO THE CURRENT DATE, (II) IS ONLY CAPABLE OF BEING
USED EXCLUSIVELY IN A FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED
AT LEAST FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLI
CAS THEREOF, (III) IS POSSESSED BY AN INDIVIDUAL WHO IS NOT PROHIBITED
BY STATE OR FEDERAL LAW FROM POSSESSING A FIREARM AND (IV) IS REGISTERED
WITH THE DIVISION OF STATE POLICE PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER, EXCEPT SUCH FEEDING DEVICES TRANSFERRED
INTO THE STATE MAY BE REGISTERED AT ANY TIME, PROVIDED THEY ARE REGIS
TERED WITHIN THIRTY DAYS OF THEIR TRANSFER INTO THE STATE. NOTWITH
STANDING PARAGRAPH (H) OF SUBDIVISION TWENTY-TWO OF THIS SECTION, SUCH
FEEDING DEVICES MAY BE TRANSFERRED PROVIDED THAT SUCH TRANSFER SHALL BE
SUBJECT TO THE PROVISIONS OF SECTION 400.03 OF THIS CHAPTER INCLUDING
THE CHECK REQUIRED TO BE CONDUCTED PURSUANT TO SUCH SECTION.
S 39.
Section 265.00 of the penal law is amended by adding a new
subdivision 24 to read as follows:
24. "SELLER OF AMMUNITION" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO
RATION OR COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING OR
KEEPING AMMUNITION.
S 40.
Section 265.01 of the penal law, as added by chapter 1041 of the
laws of 1974, subdivision 1 as amended by chapter 257 of the laws of
2008, subdivision 2 as amended by chapter 220 of the laws of 1988,
subdivision 3 as amended by chapter 199 of the laws of 2006, subdivision
4 as amended by chapter 357 of the laws of 2011, subdivision 7 as added
S. 2230 21 A. 2388
by chapter 807 of the laws of 1981, and subdivision 8 as added by chap
ter 646 of the laws of 1986, is amended to read as follows:
S 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling
shot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
(3) [He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school, college or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and traf-
fic law, without the written authorization of such educational institu-
tion]; or
(4) He possesses a rifle, shotgun, antique firearm, black powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or
(6) He is a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person is certified not suitable to
possess a rifle or shotgun, a member of the police department to which
such certification is made, or of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent jurisdic
tion.
(7) He knowingly possesses a bullet containing an explosive substance
designed to detonate upon impact.
(8) He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.
S 41. The penal law is amended by adding a new section 265.01-a to
read as follows:
S 265.01-A. CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON ON SCHOOL
GROUNDS WHEN HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,
SHOTGUN, OR FIREARM IN OR UPON A BUILDING OR GROUNDS, USED FOR EDUCA
TIONAL PURPOSES, OF ANY SCHOOL, COLLEGE, OR UNIVERSITY, EXCEPT THE
FORESTRY LANDS, WHEREVER LOCATED, OWNED AND MAINTAINED BY THE STATE
UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, OR
UPON A SCHOOL BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE
S. 2230 22 A. 2388
VEHICLE AND TRAFFIC LAW, WITHOUT THE WRITTEN AUTHORIZATION OF SUCH
EDUCATIONAL INSTITUTION.
CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS IS A CLASS E FELONY.
S 41-a. The penal law is amended by adding a new section 265.01-b to
read as follows:
S 265.01-B CRIMINAL POSSESSION OF A FIREARM.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM WHEN HE OR SHE:
(1) POSSESSES ANY FIREARM OR; (2) LAWFULLY POSSESSES A FIREARM PRIOR TO
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN
WHICH ADDED THIS SECTION SUBJECT TO THE REGISTRATION REQUIREMENTS OF
SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER AND KNOWINGLY
FAILS TO REGISTER SUCH FIREARM PURSUANT TO SUCH SUBDIVISION.
CRIMINAL POSSESSION OF A FIREARM IS A CLASS E FELONY.
S 41-b. Subdivision 8 of section 265.02 of the penal law, as amended
by chapter 764 of the laws of 2005, is amended and two new subdivisions
9 and 10 are added to read as follows:
(8) Such person possesses a large capacity ammunition feeding device.
FOR PURPOSES OF THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING
DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED
BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACI
TY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN
SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR THAT WAS MANUFAC
TURED BEFORE SEPTEMBER THIRTEENTH, NINETEEN HUNDRED NINETY-FOUR, THAT
HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO
ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION; OR
(9) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS A DRUG
TRAFFICKING FELONY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00
OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION; OR
(10) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS ANY
VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION.
S 42. Subdivision 2 of section 265.09 of the penal law, as added by
chapter 650 of the laws of 1996, is amended to read as follows:
(2) Sentencing. Notwithstanding any other provision of law to the
contrary, when a person is convicted of criminal use of a firearm in the
first degree as defined in subdivision one of this section, the court
shall impose an additional consecutive sentence of five years to the
[minimum term of an indeterminate] sentence imposed on the underlying
class B violent felony offense where the person convicted of such crime
displays a loaded weapon from which a shot, readily capable of producing
death or other serious injury may be discharged, in furtherance of the
commission of such crime, provided, however, that such additional
sentence shall not be imposed if the court, having regard to the nature
and circumstances of the crime and to the history and character of the
defendant, finds on the record that such additional consecutive sentence
would be unduly harsh and that not imposing such sentence would be
consistent with the public safety and would not deprecate the serious
ness of the crime. Notwithstanding any other provision of law to the
contrary, the aggregate of the five year consecutive term imposed pursu
ant to this subdivision and the minimum term of the indeterminate
sentence imposed on the underlying class B violent felony shall consti
tute the new aggregate minimum term of imprisonment, and a person
subject to such term shall be required to serve the entire aggregate
minimum term and shall not be eligible for release on parole or condi
tional release during such term. This subdivision shall not apply where
S. 2230 23 A. 2388
the defendant's criminal liability for displaying a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged, in furtherance of the commission of crime is based on
the conduct of another pursuant to section 20.00 of [the penal law] THIS
CHAPTER.
S 43.
Section 265.17 of the penal law, as added by chapter 189 of the
laws of 2000, is amended to read as follows:
S 265.17 Criminal purchase OR DISPOSAL of a weapon.
A person is guilty of criminal purchase OR DISPOSAL of a weapon when:
1. Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, such person
[attempts to purchase] PURCHASES a firearm, rifle or shotgun from anoth
er person; or
2. Knowing that it would be unlawful for another person to possess a
firearm, rifle or shotgun, he or she purchases a firearm, rifle or shot
gun for, on behalf of, or for the use of such other person[.]; OR
3. KNOWING THAT ANOTHER PERSON IS PROHIBITED BY LAW FROM POSSESSING A
FIREARM, RIFLE OR SHOTGUN BECAUSE OF A PRIOR CONVICTION OR BECAUSE OF
SOME OTHER DISABILITY WHICH WOULD RENDER HIM OR HER INELIGIBLE TO
LAWFULLY POSSESS A FIREARM, RIFLE OR SHOTGUN IN THIS STATE, A PERSON
DISPOSES OF A FIREARM, RIFLE OR SHOTGUN TO SUCH OTHER PERSON.
Criminal purchase OR DISPOSAL of a weapon is a class [A misdemeanor] D
FELONY.
S 44. Intentionally omitted.
S 45. The penal law is amended by adding a new section 265.19 to read
as follows:
S 265.19 AGGRAVATED CRIMINAL POSSESSION OF A WEAPON.
A PERSON IS GUILTY OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON WHEN
HE OR SHE COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 265.03 OF THIS
ARTICLE AND ALSO COMMITS ANY VIOLENT FELONY OFFENSE AS DEFINED IN SUBDI
VISION ONE OF SECTION 70.02 OF THIS CHAPTER OR A DRUG TRAFFICKING FELONY
AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00 OF THIS CHAPTER
ARISING OUT OF THE SAME CRIMINAL TRANSACTION.
AGGRAVATED CRIMINAL POSSESSION OF A WEAPON IS A CLASS C FELONY.
S 46. Paragraph 3 of subdivision a of section 265.20 of the penal law,
as amended by chapter 210 of the laws of 1999, is amended and a new
paragraph 7-f is added to read as follows:
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter OR POSSESSION OF A WEAPON AS DEFINED IN PARAGRAPH (E) OR
(F) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS ARTICLE WHICH IS
REGISTERED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIXTEEN-A OF SECTION
400.00 OF THIS CHAPTER OR IS INCLUDED ON AN AMENDED LICENSE ISSUED
PURSUANT TO SECTION 400.00 OF THIS CHAPTER. IN THE EVENT SUCH LICENSE
IS REVOKED, OTHER THAN BECAUSE SUCH LICENSEE IS NO LONGER PERMITTED TO
POSSESS A FIREARM, RIFLE OR SHOTGUN UNDER FEDERAL OR STATE LAW, INFORMA
TION SUFFICIENT TO SATISFY THE REQUIREMENTS OF SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER, SHALL BE TRANSMITTED BY THE LICENSING
OFFICER TO THE STATE POLICE, IN A FORM AS DETERMINED BY THE SUPERINTEN
DENT OF STATE POLICE. SUCH TRANSMISSION SHALL CONSTITUTE A VALID REGIS
TRATION UNDER SUCH SECTION. FURTHER PROVIDED, NOTWITHSTANDING ANY OTHER
SECTION OF THIS TITLE, A FAILURE TO REGISTER SUCH WEAPON BY AN INDIVID
UAL WHO POSSESSES SUCH WEAPON BEFORE THE ENACTMENT OF THE CHAPTER OF THE
S. 2230 24 A. 2388
LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS PARAGRAPH AND MAY SO
LAWFULLY POSSESS IT THEREAFTER UPON REGISTRATION, SHALL ONLY BE SUBJECT
TO PUNISHMENT PURSUANT TO PARAGRAPH (C) OF SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER; provided, that such a license OR REGIS
TRATION shall not preclude a conviction for the offense defined in
subdivision three of section 265.01 of this article OR SECTION 265.01-A
OF THIS ARTICLE.
7-F. POSSESSION AND USE OF A MAGAZINE, BELT, FEED STRIP OR SIMILAR
DEVICE, THAT CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION, BUT THAT
DOES NOT HAVE A CAPACITY OF OR CAN READILY BE RESTORED OR CONVERTED TO
ACCEPT MORE THAN TEN ROUNDS OF AMMUNITION, AT AN INDOOR OR OUTDOOR
FIRING RANGE LOCATED IN OR ON PREMISES OWNED OR OCCUPIED BY A DULY
INCORPORATED ORGANIZATION ORGANIZED FOR CONSERVATION PURPOSES OR TO
FOSTER PROFICIENCY IN ARMS; AT AN INDOOR OR OUTDOOR FIRING RANGE FOR THE
PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGIATE, OLYMPIC OR TARGET
SHOOTING COMPETITION UNDER THE AUSPICES OF OR APPROVED BY THE NATIONAL
RIFLE ASSOCIATION; OR AT AN ORGANIZED MATCH SANCTIONED BY THE INTERNA
TIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.
S 46-a. The penal law is amended by adding two new sections 265.36 and
265.37 to read as follows:
S 265.36 UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING
DEVICE.
IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS A LARGE CAPACI
TY AMMUNITION FEEDING DEVICE MANUFACTURED BEFORE SEPTEMBER THIRTEENTH,
NINETEEN HUNDRED NINETY-FOUR, AND IF SUCH PERSON LAWFULLY POSSESSED SUCH
LARGE CAPACITY FEEDING DEVICE BEFORE THE EFFECTIVE DATE OF THE CHAPTER
OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS
A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT,
MORE THAN TEN ROUNDS OF AMMUNITION.
AN INDIVIDUAL WHO HAS A REASONABLE BELIEF THAT SUCH DEVICE IS OF SUCH
A CHARACTER THAT IT MAY LAWFULLY BE POSSESSED AND WHO SURRENDERS OR
LAWFULLY DISPOSES OF SUCH DEVICE WITHIN THIRTY DAYS OF BEING NOTIFIED BY
LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS THAT SUCH POSSESSION IS
UNLAWFUL SHALL NOT BE GUILTY OF THIS OFFENSE. IT SHALL BE A REBUTTABLE
PRESUMPTION THAT SUCH PERSON KNOWS THAT SUCH LARGE CAPACITY AMMUNITION
FEEDING DEVICE MAY NOT BE LAWFULLY POSSESSED IF HE OR SHE HAS BEEN
CONTACTED BY LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS AND INFORMED
THAT SUCH DEVICE MAY NOT BE LAWFULLY POSSESSED.
UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE IS A
CLASS A MISDEMEANOR.
S 265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES.
IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS AN AMMUNITION
FEEDING DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED
THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR
CONVERTED TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNI
TION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION.
IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
TERM OF UP TO THREE MONTHS IMPRISONMENT.
IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
POSSESSED IN ANY LOCATION OTHER THAN THE HOME OF THE POSSESSOR, THE
PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF
S. 2230 25 A. 2388
A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
TERM OF UP TO SIX MONTHS IMPRISONMENT, AND FOR A SECOND OFFENSE, BE
GUILTY OF A CLASS A MISDEMEANOR.
S 47. The penal law is amended by adding a new section 265.45 to read
as follows:
S 265.45 SAFE STORAGE OF RIFLES, SHOTGUNS, AND FIREARMS.
NO PERSON WHO OWNS OR IS CUSTODIAN OF A RIFLE, SHOTGUN OR FIREARM WHO
RESIDES WITH AN INDIVIDUAL WHO SUCH PERSON KNOWS OR HAS REASON TO KNOW
IS PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO 18 U.S.C.
S 922(G)
(1), (4), (8) OR (9) SHALL STORE OR OTHERWISE LEAVE SUCH RIFLE, SHOTGUN
OR FIREARM OUT OF HIS OR HER IMMEDIATE POSSESSION OR CONTROL WITHOUT
HAVING FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN OR FIREARM IN AN APPRO
PRIATE SAFE STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED
BY USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAPON. FOR PURPOSES
OF THIS SECTION "SAFE STORAGE DEPOSITORY" SHALL MEAN A SAFE OR OTHER
SECURE CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITH
OUT THE KEY, COMBINATION OR OTHER UNLOCKING MECHANISM AND IS CAPABLE OF
PREVENTING AN UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND
POSSESSION OF THE WEAPON CONTAINED THEREIN. WITH RESPECT TO A PERSON
WHO IS PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO 18 USC S
922(G)(9), FOR PURPOSES OF THIS SECTION, THIS SECTION APPLIES ONLY IF
SUCH PERSON HAS BEEN CONVICTED OF A CRIME INCLUDED IN SUBDIVISION ONE OF
SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW AND SUCH GUN IS POSSESSED
WITHIN FIVE YEARS FROM THE LATER OF THE DATE OF CONVICTION OR COMPLETION
OF SENTENCE.
A VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
S 48. Subdivision 1, paragraph (a) of subdivision 3, subdivisions 4,
5, 9, 10, 11, 12 and 15 of section 400.00 of the penal law, subdivision
1 as amended by chapter 189 of the laws of 2000, paragraph (a) of subdi
vision 3 as designated by chapter 778 of the laws of 1985, subdivision 4
as amended by chapter 331 of the laws of 2005, subdivision 5 as amended
by chapter 332 of the laws of 1994, subdivision 9 as amended by chapter
172 of the laws of 1973, subdivision 10 as amended by chapter 447 of the
laws of 1997, subdivision 11 as amended by chapter 210 of the laws of
1999, and subdivision 12 as amended by chapter 449 of the laws of 1993,
are amended and two new subdivisions 16-a and 16-b are added to read as
follows:
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) WHO IS NOT A FUGITIVE
FROM JUSTICE; (E) WHO IS NOT AN UNLAWFUL USER OF OR ADDICTED TO ANY
CONTROLLED SUBSTANCE AS DEFINED IN SECTION 21 U.S.C. 802; (F) WHO BEING
AN ALIEN (I) IS NOT ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES OR (II)
HAS NOT BEEN ADMITTED TO THE UNITED STATES UNDER A NONIMMIGRANT VISA
SUBJECT TO THE EXCEPTION IN 18 U.S.C. 922(Y)(2); (G) WHO HAS NOT BEEN
DISCHARGED FROM THE ARMED FORCES UNDER DISHONORABLE CONDITIONS; (H) WHO,
HAVING BEEN A CITIZEN OF THE UNITED STATES, HAS NOT RENOUNCED HIS OR HER
CITIZENSHIP; (I) who has stated whether he or she has ever suffered any
mental illness [or been confined to any hospital or institution, public
S. 2230 26 A. 2388
or private, for mental illness]; (J) WHO HAS NOT BEEN INVOLUNTARILY
COMMITTED TO A FACILITY UNDER THE JURISDICTION OF AN OFFICE OF THE
DEPARTMENT OF MENTAL HYGIENE PURSUANT TO ARTICLE NINE OR FIFTEEN OF THE
MENTAL HYGIENE LAW, ARTICLE SEVEN HUNDRED THIRTY OR SECTION 330.20 OF
THE CRIMINAL PROCEDURE LAW, SECTION FOUR HUNDRED TWO OR FIVE HUNDRED
EIGHT OF THE CORRECTION LAW, SECTION 322.2 OR 353.4 OF THE FAMILY COURT
ACT, OR HAS NOT BEEN CIVILLY CONFINED IN A SECURE TREATMENT FACILITY
PURSUANT TO ARTICLE TEN OF THE MENTAL HYGIENE LAW; [(e)] (K) who has not
had a license revoked or who is not under a suspension or ineligibility
order issued pursuant to the provisions of section 530.14 of the crimi
nal procedure law or section eight hundred forty-two-a of the family
court act; [(f)] (L) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced by a certif
icate of completion issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized instructor, except
that: (i) persons who are honorably discharged from the United States
army, navy, marine corps or coast guard, or of the national guard of the
state of New York, and produce evidence of official qualification in
firearms during the term of service are not required to have completed
those hours of a firearms safety course pertaining to the safe use,
carrying, possession, maintenance and storage of a firearm; and (ii)
persons who were licensed to possess a pistol or revolver prior to the
effective date of this paragraph are not required to have completed a
firearms safety course and test; [and (g)] (M) WHO HAS NOT HAD A GUARDI
AN APPOINTED FOR HIM OR HER PURSUANT TO ANY PROVISION OF STATE LAW,
BASED ON A DETERMINATION THAT AS A RESULT OF MARKED SUBNORMAL INTELLI
GENCE, MENTAL ILLNESS, INCAPACITY, CONDITION OR DISEASE, HE OR SHE LACKS
THE MENTAL CAPACITY TO CONTRACT OR MANAGE HIS OR HER OWN AFFAIRS; AND
(N) concerning whom no good cause exists for the denial of the license.
No person shall engage in the business of gunsmith or dealer in firearms
unless licensed pursuant to this section. An applicant to engage in such
business shall also be a citizen of the United States, more than twen
ty-one years of age and maintain a place of business in the city or
county where the license is issued. For such business, if the applicant
is a firm or partnership, each member thereof shall comply with all of
the requirements set forth in this subdivision and if the applicant is a
corporation, each officer thereof shall so comply.
(a) Applications shall be made and renewed, in the case of a license
to carry or possess a pistol or revolver, to the licensing officer in
the city or county, as the case may be, where the applicant resides, is
principally employed or has his OR HER principal place of business as
merchant or storekeeper; and, in the case of a license as gunsmith or
dealer in firearms, to the licensing officer where such place of busi
ness is located. Blank applications shall, except in the city of New
York, be approved as to form by the superintendent of state police. An
application shall state the full name, date of birth, residence, present
occupation of each person or individual signing the same, whether or not
he OR SHE is a citizen of the United States, whether or not he OR SHE
complies with each requirement for eligibility specified in subdivision
one of this section and such other facts as may be required to show the
good character, competency and integrity of each person or individual
signing the application. An application shall be signed and verified by
the applicant. Each individual signing an application shall submit one
photograph of himself OR HERSELF and a duplicate for each required copy
of the application. Such photographs shall have been taken within thirty
days prior to filing the application. In case of a license as gunsmith
S. 2230 27 A. 2388
or dealer in firearms, the photographs submitted shall be two inches
square, and the application shall also state the previous occupation of
each individual signing the same and the location of the place of such
business, or of the bureau, agency, subagency, office or branch office
for which the license is sought, specifying the name of the city, town
or village, indicating the street and number and otherwise giving such
apt description as to point out reasonably the location thereof. In such
case, if the applicant is a firm, partnership or corporation, its name,
date and place of formation, and principal place of business shall be
stated. For such firm or partnership, the application shall be signed
and verified by each individual composing or intending to compose the
same, and for such corporation, by each officer thereof.
4. Investigation. Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such applica
tion is made, INCLUDING BUT NOT LIMITED TO SUCH RECORDS AS MAY BE ACCES
SIBLE TO THE DIVISION OF STATE POLICE OR DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO SECTION 400.02 OF THIS ARTICLE. For that purpose,
the records of the appropriate office of the department of mental
hygiene concerning previous or present mental illness of the applicant
shall be available for inspection by the investigating officer of the
police authority. In order to ascertain any previous criminal record,
the investigating officer shall take the fingerprints and physical
descriptive data in quadruplicate of each individual by whom the appli
cation is signed and verified. Two copies of such fingerprints shall be
taken on standard fingerprint cards eight inches square, and one copy
may be taken on a card supplied for that purpose by the federal bureau
of investigation; provided, however, that in the case of a corporate
applicant that has already been issued a dealer in firearms license and
seeks to operate a firearm dealership at a second or subsequent
location, the original fingerprints on file may be used to ascertain any
criminal record in the second or subsequent application unless any of
the corporate officers have changed since the prior application, in
which case the new corporate officer shall comply with procedures
governing an initial application for such license. When completed, one
standard card shall be forwarded to and retained by the division of
criminal justice services in the executive department, at Albany. A
search of the files of such division and written notification of the
results of the search to the investigating officer shall be made without
unnecessary delay. Thereafter, such division shall notify the licensing
officer and the executive department, division of state police, Albany,
of any criminal record of the applicant filed therein subsequent to the
search of its files. A second standard card, or the one supplied by the
federal bureau of investigation, as the case may be, shall be forwarded
to that bureau at Washington with a request that the files of the bureau
be searched and notification of the results of the search be made to the
investigating police authority. [The failure or refusal of the federal
bureau of investigation to make the fingerprint check provided for in
this section shall not constitute the sole basis for refusal to issue a
permit pursuant to the provisions of this section.] Of the remaining two
fingerprint cards, one shall be filed with the executive department,
division of state police, Albany, within ten days after issuance of the
license, and the other remain on file with the investigating police
authority. No such fingerprints may be inspected by any person other
than a peace officer, who is acting pursuant to his special duties, or a
police officer, except on order of a judge or justice of a court of
S. 2230 28 A. 2388
record either upon notice to the licensee or without notice, as the
judge or justice may deem appropriate. Upon completion of the investi
gation, the police authority shall report the results to the licensing
officer without unnecessary delay.
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.
[The] EXCEPT AS PROVIDED IN PARAGRAPHS (B) THROUGH (F) OF THIS SUBDIVI
SION, THE name and address of any person to whom an application for any
license has been granted shall be a public record. Upon application by a
licensee who has changed his place of residence such records or applica
tions 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 officer in the executive department, division of
state police, Albany, within 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 DIVISION WITH SUCH RECORDS. IN THE EVENT SUCH CLERK,
DEPARTMENT OR AUTHORITY LACKS SUCH RECORDS, THE DIVISION MAY REQUEST THE
LICENSE HOLDER PROVIDE INFORMATION SUFFICIENT TO CONSTITUTE SUCH RECORD
AND SUCH LICENSE HOLDER SHALL PROVIDE THE DIVISION WITH SUCH INFORMA
TION. 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 subdivi
sion 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 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.
S. 2230 29 A. 2388
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
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
APPLICANT AN OPPORTUNITY TO EITHER DECLINE TO REQUEST THE GRANT OR
CONTINUATION 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
S. 2230 30 A. 2388
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 INFORMA
TION 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.
9. License: amendment. Elsewhere than in the city of New York, a
person licensed to carry or possess a pistol or revolver may apply at
any time to his OR HER licensing officer for amendment of his OR HER
license to include one or more such weapons or to cancel weapons held
under license. If granted, a record of the amendment describing the
weapons involved shall be filed by the licensing officer in the execu
tive department, division of state police, Albany. THE SUPERINTENDENT OF
STATE POLICE MAY AUTHORIZE THAT SUCH AMENDMENT BE COMPLETED AND TRANS
MITTED TO THE STATE POLICE IN ELECTRONIC FORM. Notification of any
change of residence shall be made in writing by any licensee within ten
days after such change occurs, and a record of such change shall be
inscribed by such licensee on the reverse side of his OR HER license.
Elsewhere than in the city of New York, and in the counties of Nassau
and Suffolk, such notification shall be made to the executive depart
ment, division of state police, Albany, and in the city of New York to
the police commissioner of that city, and in the county of Nassau to the
police commissioner of that county, and in the county of Suffolk to the
licensing officer of that county, who shall, within ten days after such
notification shall be received by him OR HER, give notice in writing of
such change to the executive department, division of state police, at
Albany.
10. License: expiration, certification and renewal. (A) Any license
for gunsmith or dealer in firearms and, in the city of New York, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than three years after the date of
issuance. In the counties of Nassau, Suffolk and Westchester, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than five years after the date of
issuance; however, in the county of Westchester, any such license shall
S. 2230 31 A. 2388
be certified prior to the first day of April, two thousand, in accord
ance with a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal justice services, and every
such license shall be recertified every five years thereafter. For
purposes of this section certification shall mean that the licensee
shall provide to the licensing officer the following information only:
current name, date of birth, current address, and the make, model, cali
ber and serial number of all firearms currently possessed. Such certif
ication information shall be filed by the licensing officer in the same
manner as an amendment. Elsewhere than in the city of New York and the
counties of Nassau, Suffolk and Westchester, any license to carry or
possess a pistol or revolver, issued at any time pursuant to this
section or prior to the first day of July, nineteen hundred sixty-three
and not previously revoked or cancelled, shall be in force and effect
until revoked as herein provided. Any license not previously cancelled
or revoked shall remain in full force and effect for thirty days beyond
the stated expiration date on such license. Any application to renew a
license that has not previously expired, been revoked or cancelled shall
thereby extend the term of the license until disposition of the applica
tion by the licensing officer. In the case of a license for gunsmith or
dealer in firearms, in counties having a population of less than two
hundred thousand inhabitants, photographs and fingerprints shall be
submitted on original applications and upon renewal thereafter only at
six year intervals. Upon satisfactory proof that a currently valid
original license has been despoiled, lost or otherwise removed from the
possession of the licensee and upon application containing an additional
photograph of the licensee, the licensing officer shall issue a dupli
cate license.
(B) ALL LICENSEES SHALL BE RECERTIFIED TO THE DIVISION OF STATE POLICE
EVERY FIVE YEARS THEREAFTER. ANY LICENSE ISSUED BEFORE THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED
THIS PARAGRAPH SHALL BE RECERTIFIED BY THE LICENSEE ON OR BEFORE JANUARY
THIRTY-FIRST, TWO THOUSAND EIGHTEEN, AND NOT LESS THAN ONE YEAR PRIOR TO
SUCH DATE, THE STATE POLICE SHALL SEND A NOTICE TO ALL LICENSE HOLDERS
WHO HAVE NOT RECERTIFIED BY SUCH TIME. SUCH RECERTIFICATION SHALL BE IN
A FORM AS APPROVED BY THE SUPERINTENDENT OF STATE POLICE, WHICH SHALL
REQUEST THE LICENSE HOLDER'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDEN
TIAL ADDRESS, SOCIAL SECURITY NUMBER, FIREARMS POSSESSED BY SUCH LICENSE
HOLDER, EMAIL ADDRESS AT THE OPTION OF THE LICENSE HOLDER AND AN AFFIR
MATION THAT SUCH LICENSE HOLDER IS NOT PROHIBITED FROM POSSESSING
FIREARMS. THE FORM MAY BE IN AN ELECTRONIC FORM IF SO DESIGNATED BY THE
SUPERINTENDENT OF STATE POLICE. FAILURE TO RECERTIFY SHALL ACT AS A
REVOCATION OF SUCH LICENSE. IF THE NEW YORK STATE POLICE DISCOVER AS A
RESULT OF THE RECERTIFICATION PROCESS THAT A LICENSEE FAILED TO PROVIDE
A CHANGE OF ADDRESS, THE NEW YORK STATE POLICE SHALL NOT REQUIRE THE
LICENSING OFFICER TO REVOKE SUCH LICENSE.
11. License: revocation and suspension. (A) The conviction of a licen
see anywhere of a felony or serious offense OR A LICENSEE AT ANY TIME
BECOMING INELIGIBLE TO OBTAIN A LICENSE UNDER THIS SECTION shall operate
as 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. 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
S. 2230 32 A. 2388
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. The official revoking a license
shall give written notice thereof without unnecessary delay to the exec
utive department, division of state police, Albany, and shall also noti
fy immediately the duly constituted police authorities of the locality.
(B) WHENEVER THE DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE
MAKES A REPORT PURSUANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONVEY SUCH INFORMATION,
WHENEVER IT DETERMINES THAT THE PERSON NAMED IN THE REPORT POSSESSES A
LICENSE ISSUED PURSUANT TO THIS SECTION, TO THE APPROPRIATE LICENSING
OFFICIAL, WHO SHALL ISSUE AN ORDER SUSPENDING OR REVOKING SUCH LICENSE.
(C) IN ANY INSTANCE IN WHICH A PERSON'S LICENSE IS SUSPENDED OR
REVOKED UNDER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, SUCH PERSON
SHALL SURRENDER SUCH LICENSE TO THE APPROPRIATE LICENSING OFFICIAL AND
ANY AND ALL FIREARMS, RIFLES, OR SHOTGUNS OWNED OR POSSESSED BY SUCH
PERSON SHALL BE SURRENDERED TO AN APPROPRIATE LAW ENFORCEMENT AGENCY AS
PROVIDED IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 OF THIS CHAPTER. IN THE EVENT SUCH LICENSE, FIREARM,
SHOTGUN, OR RIFLE IS NOT SURRENDERED, SUCH ITEMS SHALL BE REMOVED AND
DECLARED A NUISANCE AND ANY POLICE OFFICER OR PEACE OFFICER ACTING
PURSUANT TO HIS OR HER SPECIAL DUTIES IS AUTHORIZED TO REMOVE ANY AND
ALL SUCH WEAPONS.
12. Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms shall keep a record book
approved as to form, except in the city of New York, by the superinten
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or iden
tification mark on such firearm. Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20. In addition,
before delivering a firearm to a peace officer, the licensee shall veri
fy that person's status as a peace officer with the division of state
police. After completing the foregoing, the licensee shall remove and
retain the attached coupon and enter in the record book the date of such
license, number, if any, and name of the licensing officer, in the case
of the holder of a license to carry or possess, or the shield or other
number, if any, assignment and department, unit or agency, in the case
of an exempt person. The original transaction report shall be forwarded
to the division of state police within ten days of delivering a firearm
to any person, and a duplicate copy shall be kept by the licensee. THE
SUPERINTENDENT OF STATE POLICE MAY DESIGNATE THAT SUCH RECORD SHALL BE
COMPLETED AND TRANSMITTED IN ELECTRONIC FORM. A DEALER MAY BE GRANTED A
WAIVER FROM TRANSMITTING SUCH RECORDS IN ELECTRONIC FORM IF THE SUPER
INTENDENT DETERMINES THAT SUCH DEALER IS INCAPABLE OF SUCH TRANSMISSION
DUE TO TECHNOLOGICAL LIMITATIONS THAT ARE NOT REASONABLY WITHIN THE
CONTROL OF THE DEALER, OR OTHER EXCEPTIONAL CIRCUMSTANCES DEMONSTRATED
BY THE DEALER, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION, AND AT
THE DISCRETION OF THE SUPERINTENDENT. RECORDS ASSEMBLED OR COLLECTED FOR
PURPOSES OF INCLUSION IN THE DATABASE CREATED PURSUANT TO SECTION 400.02
OF THIS ARTICLE SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE
SIX OF THE PUBLIC OFFICERS LAW. The record book shall be maintained on
S. 2230 33 A. 2388
the premises mentioned and described in the license and shall be open at
all reasonable hours for inspection by any peace officer, acting pursu
ant to his special duties, or police officer. In the event of cancella
tion or revocation of the license for gunsmith or dealer in firearms, or
discontinuance of business by a licensee, such record book shall be
immediately surrendered to the licensing officer in the city of New
York, and in the counties of Nassau and Suffolk, and elsewhere in the
state to the executive department, division of state police.
15. Any violation by any person of any provision of this section is a
class A misdemeanor.
16-A. REGISTRATION. (A) AN OWNER OF A WEAPON DEFINED IN PARAGRAPH (E)
OR (F) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER,
POSSESSED BEFORE THE DATE OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MUST MAKE AN
APPLICATION TO REGISTER SUCH WEAPON WITH THE SUPERINTENDENT OF STATE
POLICE, IN THE MANNER PROVIDED BY THE SUPERINTENDENT, OR BY AMENDING A
LICENSE ISSUED PURSUANT TO THIS SECTION WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SUBDIVISION EXCEPT ANY WEAPON DEFINED UNDER SUBPARAGRAPH
(VI) OF PARAGRAPH (G) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF
THIS CHAPTER TRANSFERRED INTO THE STATE MAY BE REGISTERED AT ANY TIME,
PROVIDED SUCH WEAPONS ARE REGISTERED WITHIN THIRTY DAYS OF THEIR TRANS
FER INTO THE STATE. REGISTRATION INFORMATION SHALL INCLUDE THE REGIS
TRANT'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDENTIAL ADDRESS, SOCIAL
SECURITY NUMBER AND A DESCRIPTION OF EACH WEAPON BEING REGISTERED. A
REGISTRATION OF ANY WEAPON DEFINED UNDER SUBPARAGRAPH (VI) OF PARAGRAPH
(G) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OR A FEEDING DEVICE AS
DEFINED UNDER SUBDIVISION TWENTY-THREE OF SECTION 265.00 OF THIS CHAPTER
SHALL BE TRANSFERABLE, PROVIDED THAT THE SELLER NOTIFIES THE STATE
POLICE WITHIN SEVENTY-TWO HOURS OF THE TRANSFER AND THE BUYER PROVIDES
THE STATE POLICE WITH INFORMATION SUFFICIENT TO CONSTITUTE A REGISTRA
TION UNDER THIS SECTION. SUCH REGISTRATION SHALL NOT BE VALID IF SUCH
REGISTRANT IS PROHIBITED OR BECOMES PROHIBITED FROM POSSESSING A FIREARM
PURSUANT TO STATE OR FEDERAL LAW. THE SUPERINTENDENT SHALL DETERMINE
WHETHER SUCH REGISTRANT IS PROHIBITED FROM POSSESSING A FIREARM UNDER
STATE OR FEDERAL LAW. SUCH CHECK SHALL BE LIMITED TO DETERMINING WHETH
ER THE FACTORS IN 18 USC 922 (G) APPLY OR WHETHER A REGISTRANT HAS BEEN
CONVICTED OF A SERIOUS OFFENSE AS DEFINED IN SUBDIVISION SIXTEEN-B OF
SECTION 265.00 OF THIS CHAPTER, SO AS TO PROHIBIT SUCH REGISTRANT FROM
POSSESSING A FIREARM, AND WHETHER A REPORT HAS BEEN ISSUED PURSUANT TO
SECTION 9.46 OF THE MENTAL HYGIENE LAW. ALL REGISTRANTS SHALL RECERTIFY
TO THE DIVISION OF STATE POLICE EVERY FIVE YEARS THEREAFTER. FAILURE TO
RECERTIFY SHALL RESULT IN A REVOCATION OF SUCH REGISTRATION.
(B) THE SUPERINTENDENT OF STATE POLICE SHALL CREATE AND MAINTAIN AN
INTERNET WEBSITE TO EDUCATE THE PUBLIC AS TO WHICH SEMIAUTOMATIC RIFLE,
SEMIAUTOMATIC SHOTGUN OR SEMIAUTOMATIC PISTOL OR WEAPON THAT ARE ILLEGAL
AS A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
THIRTEEN WHICH ADDED THIS PARAGRAPH, AS WELL AS SUCH ASSAULT WEAPONS
WHICH ARE ILLEGAL PURSUANT TO ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS
CHAPTER. SUCH WEBSITE SHALL CONTAIN INFORMATION TO ASSIST THE PUBLIC IN
RECOGNIZING THE RELEVANT FEATURES PROSCRIBED BY SUCH ARTICLE TWO HUNDRED
SIXTY-FIVE, AS WELL AS WHICH MAKE AND MODEL OF WEAPONS THAT REQUIRE
REGISTRATION.
(C) A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON, AS
REQUIRED BY THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH
SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO UNKNOWINGLY
S. 2230 34 A. 2388
FAILS TO VALIDLY REGISTER SUCH WEAPON WITHIN SUCH ONE YEAR PERIOD SHALL
BE GIVEN A WARNING BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY ABOUT
SUCH FAILURE AND GIVEN THIRTY DAYS IN WHICH TO APPLY TO REGISTER SUCH
WEAPON OR TO SURRENDER IT. A FAILURE TO APPLY OR SURRENDER SUCH WEAPON
WITHIN SUCH THIRTY-DAY PERIOD SHALL RESULT IN SUCH WEAPON BEING REMOVED
BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY AND DECLARED A NUISANCE.
16-B. THE COST OF THE SOFTWARE, PROGRAMMING AND INTERFACE REQUIRED TO
TRANSMIT ANY RECORD THAT MUST BE ELECTRONICALLY TRANSMITTED BY THE DEAL
ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
CHAPTER SHALL BE BORNE BY THE STATE.
S 49. The penal law is amended by adding a new section 400.02 to read
as follows:
S 400.02 STATEWIDE LICENSE AND RECORD DATABASE.
THERE SHALL BE A STATEWIDE LICENSE AND RECORD DATABASE WHICH SHALL BE
CREATED AND MAINTAINED BY THE DIVISION OF STATE POLICE THE COST OF WHICH
SHALL NOT BE BORNE BY ANY MUNICIPALITY. RECORDS ASSEMBLED OR COLLECTED
FOR PURPOSES OF INCLUSION IN SUCH DATABASE SHALL NOT BE SUBJECT TO
DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. RECORDS
CONTAINING GRANTED LICENSE APPLICATIONS SHALL BE PERIODICALLY CHECKED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES AGAINST CRIMINAL CONVICTION,
MENTAL HEALTH, AND ALL OTHER RECORDS AS ARE NECESSARY TO DETERMINE THEIR
CONTINUED ACCURACY AS WELL AS WHETHER AN INDIVIDUAL IS NO LONGER A
VALID LICENSE HOLDER. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
ALSO CHECK PENDING APPLICATIONS MADE PURSUANT TO THIS ARTICLE AGAINST
SUCH RECORDS TO DETERMINE WHETHER A LICENSE MAY BE GRANTED. ALL STATE
AGENCIES SHALL COOPERATE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES,
AS OTHERWISE AUTHORIZED BY LAW, IN MAKING THEIR RECORDS AVAILABLE FOR
SUCH CHECKS. THE DIVISION OF CRIMINAL JUSTICE SERVICES, UPON DETERMINING
THAT AN INDIVIDUAL IS INELIGIBLE TO POSSESS A LICENSE, OR IS NO LONGER A
VALID LICENSE HOLDER, SHALL NOTIFY THE APPLICABLE LICENSING OFFICIAL OF
SUCH DETERMINATION AND SUCH LICENSING OFFICIAL SHALL NOT ISSUE A LICENSE
OR REVOKE SUCH LICENSE AND ANY WEAPONS OWNED OR POSSESSED BY SUCH INDI
VIDUAL SHALL BE REMOVED CONSISTENT WITH THE PROVISIONS OF SUBDIVISION
ELEVEN OF SECTION 400.00 OF THIS ARTICLE. LOCAL AND STATE LAW ENFORCE
MENT SHALL HAVE ACCESS TO SUCH DATABASE, AS OTHERWISE AUTHORIZED BY LAW,
IN THE PERFORMANCE OF THEIR DUTIES. RECORDS ASSEMBLED OR COLLECTED FOR
PURPOSES OF INCLUSION IN THE DATABASE ESTABLISHED BY THIS SECTION SHALL
BE RELEASED PURSUANT TO A COURT ORDER.
S 50. The penal law is amended by adding a new section 400.03 to read
as follows:
S 400.03 SELLERS OF AMMUNITION.
1. A SELLER OF AMMUNITION AS DEFINED IN SUBDIVISION TWENTY-FOUR OF
SECTION 265.00 OF THIS CHAPTER SHALL REGISTER WITH THE SUPERINTENDENT OF
STATE POLICE IN A MANNER PROVIDED BY THE SUPERINTENDENT. ANY DEALER IN
FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO SECTION 400.00 OF THIS
ARTICLE SHALL NOT BE REQUIRED TO COMPLETE SUCH REGISTRATION.
2. ANY SELLER OF AMMUNITION OR DEALER IN FIREARMS SHALL KEEP A RECORD
BOOK APPROVED AS TO FORM BY THE SUPERINTENDENT OF STATE POLICE. IN THE
RECORD BOOK SHALL BE ENTERED AT THE TIME OF EVERY TRANSACTION INVOLVING
AMMUNITION THE DATE, NAME, AGE, OCCUPATION AND RESIDENCE OF ANY PERSON
FROM WHOM AMMUNITION IS RECEIVED OR TO WHOM AMMUNITION IS DELIVERED, AND
THE AMOUNT, CALIBRE, MANUFACTURER'S NAME AND SERIAL NUMBER, OR IF NONE,
ANY OTHER DISTINGUISHING NUMBER OR IDENTIFICATION MARK ON SUCH AMMUNI
TION. THE RECORD BOOK SHALL BE MAINTAINED ON THE PREMISES MENTIONED AND
DESCRIBED IN THE LICENSE AND SHALL BE OPEN AT ALL REASONABLE HOURS FOR
INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL
S. 2230 35 A. 2388
DUTIES, OR POLICE OFFICER. ANY RECORD PRODUCED PURSUANT TO THIS SECTION
AND ANY TRANSMISSION THEREOF TO ANY GOVERNMENT AGENCY SHALL NOT BE
CONSIDERED A PUBLIC RECORD FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC
OFFICERS LAW.
3. NO LATER THAN THIRTY DAYS AFTER THE SUPERINTENDENT OF THE STATE
POLICE CERTIFIES THAT THE STATEWIDE LICENSE AND RECORD DATABASE ESTAB
LISHED PURSUANT TO SECTION 400.02 OF THIS ARTICLE IS OPERATIONAL FOR THE
PURPOSES OF THIS SECTION, A DEALER IN FIREARMS LICENSED PURSUANT TO
SECTION 400.00 OF THIS ARTICLE, A SELLER OF AMMUNITION AS DEFINED IN
SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS CHAPTER SHALL NOT
TRANSFER ANY AMMUNITION TO ANY OTHER PERSON WHO IS NOT A DEALER IN
FIREARMS AS DEFINED IN SUBDIVISION NINE OF SUCH SECTION 265.00 OR A
SELLER OF AMMUNITION AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
265.00 OF THIS CHAPTER, UNLESS:
(A) BEFORE THE COMPLETION OF THE TRANSFER, THE LICENSEE OR SELLER
CONTACTS THE STATEWIDE LICENSE AND RECORD DATABASE AND PROVIDES THE
DATABASE WITH INFORMATION SUFFICIENT TO IDENTIFY SUCH DEALER OR SELLER,
TRANSFEREE BASED ON INFORMATION ON THE TRANSFEREE'S IDENTIFICATION DOCU
MENT AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, AS WELL AS THE
AMOUNT, CALIBRE, MANUFACTURER'S NAME AND SERIAL NUMBER, IF ANY, OF SUCH
AMMUNITION;
(B) THE SYSTEM PROVIDES THE LICENSEE OR SELLER WITH A UNIQUE IDENTIFI
CATION NUMBER; AND
(C) THE TRANSFEROR HAS VERIFIED THE IDENTITY OF THE TRANSFEREE BY
EXAMINING A VALID STATE IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED
BY THE DEPARTMENT OF MOTOR VEHICLES OR IF THE TRANSFEREE IS NOT A RESI
DENT OF THE STATE OF NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED BY
THE TRANSFEREE'S STATE OR COUNTRY OF RESIDENCE CONTAINING A PHOTOGRAPH
OF THE TRANSFEREE.
4. IF THE DATABASE DETERMINES THAT THE PURCHASER OF AMMUNITION IS
ELIGIBLE TO POSSESS AMMUNITION PURSUANT TO STATE AND FEDERAL LAWS, THE
SYSTEM SHALL:
(A) ASSIGN A UNIQUE IDENTIFICATION NUMBER TO THE TRANSFER; AND
(B) PROVIDE THE LICENSEE OR SELLER WITH THE NUMBER.
5. IF THE STATEWIDE LICENSE AND RECORD DATABASE NOTIFIES THE LICENSEE
OR SELLER THAT THE INFORMATION AVAILABLE TO THE DATABASE DOES NOT DEMON
STRATE THAT THE RECEIPT OF AMMUNITION BY SUCH OTHER PERSON WOULD VIOLATE
18 U.S.C. 922(G) OR STATE LAW, AND THE LICENSEE TRANSFERS AMMUNITION TO
SUCH OTHER PERSON, THE LICENSEE SHALL INDICATE TO THE DATABASE THAT SUCH
TRANSACTION HAS BEEN COMPLETED AT WHICH POINT A RECORD OF SUCH TRANS
ACTION SHALL BE CREATED WHICH SHALL BE ACCESSIBLE BY THE DIVISION OF
STATE POLICE AND MAINTAINED FOR NO LONGER THAN ONE YEAR FROM POINT OF
PURCHASE, WHICH SHALL NOT BE INCORPORATED INTO THE DATABASE ESTABLISHED
PURSUANT TO SECTION 400.02 OF THIS ARTICLE OR THE REGISTRY ESTABLISHED
PURSUANT TO SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS ARTICLE. THE
DIVISION OF STATE POLICE MAY SHARE SUCH INFORMATION WITH A LOCAL LAW
ENFORCEMENT AGENCY. EVIDENCE OF THE PURCHASE OF AMMUNITION IS NOT
SUFFICIENT TO ESTABLISH PROBABLE CAUSE TO BELIEVE THAT THE PURCHASER HAS
COMMITTED A CRIME ABSENT OTHER INFORMATION TENDING TO PROVE THE COMMIS
SION OF A CRIME. RECORDS ASSEMBLED OR ACCESSED PURSUANT TO THIS SECTION
SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC
OFFICERS LAW. THIS REQUIREMENT OF THIS SECTION SHALL NOT APPLY (I) IF A
BACKGROUND CHECK CANNOT BE COMPLETED BECAUSE THE SYSTEM IS NOT OPERA
TIONAL AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, OR WHERE IT
CANNOT BE ACCESSED BY THE PRACTITIONER DUE TO A TEMPORARY TECHNOLOGICAL
OR ELECTRICAL FAILURE, AS SET FORTH IN REGULATION, OR (II) A DEALER OR
S. 2230 36 A. 2388
SELLER HAS BEEN GRANTED A WAIVER FROM CONDUCTING SUCH BACKGROUND CHECK
IF THE SUPERINTENDENT OF STATE POLICE DETERMINES THAT SUCH DEALER IS
INCAPABLE OF SUCH CHECK DUE TO TECHNOLOGICAL LIMITATIONS THAT ARE NOT
REASONABLY WITHIN THE CONTROL OF THE DEALER, OR OTHER EXCEPTIONAL
CIRCUMSTANCES DEMONSTRATED BY THE DEALER, PURSUANT TO A PROCESS ESTAB
LISHED IN REGULATION, AND AT THE DISCRETION OF SUCH SUPERINTENDENT.
6. IF THE SUPERINTENDENT OF STATE POLICE CERTIFIES THAT BACKGROUND
CHECKS OF AMMUNITION PURCHASERS MAY BE CONDUCTED THROUGH THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM, USE OF THAT SYSTEM BY A DEALER
OR SELLER SHALL BE SUFFICIENT TO SATISFY SUBDIVISIONS FOUR AND FIVE OF
THIS SECTION AND SUCH CHECKS SHALL BE CONDUCTED THROUGH SUCH SYSTEM,
PROVIDED THAT A RECORD OF SUCH TRANSACTION SHALL BE FORWARDED TO THE
STATE POLICE IN A FORM DETERMINED BY THE SUPERINTENDENT.
7. NO COMMERCIAL TRANSFER OF AMMUNITION SHALL TAKE PLACE UNLESS A
LICENSED DEALER IN FIREARMS OR REGISTERED SELLER OF AMMUNITION ACTS AS
AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE ULTIMATE TRANSFEREE OF
THE AMMUNITION FOR THE PURPOSES OF CONTACTING THE STATEWIDE LICENSE AND
RECORD DATABASE PURSUANT TO THIS SECTION. SUCH TRANSFER BETWEEN THE
DEALER OR SELLER, AND TRANSFEREE MUST OCCUR IN PERSON.
8. A SELLER OF AMMUNITION WHO FAILS TO REGISTER PURSUANT TO THIS
SECTION AND SELLS AMMUNITION, FOR A FIRST OFFENSE, SHALL BE GUILTY OF A
VIOLATION AND SUBJECT TO THE FINE OF ONE THOUSAND DOLLARS AND FOR A
SECOND OFFENSE, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
A SELLER OF AMMUNITION THAT FAILS TO KEEP ANY RECORD REQUIRED PURSUANT
TO THIS SECTION, FOR A FIRST OFFENSE SHALL BE GUILTY OF A VIOLATION AND
SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS, AND FOR A SECOND OFFENSE
SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AND THE REGISTRATION OF SUCH
SELLER SHALL BE REVOKED.
S 51.
Section 400.10 of the penal law, as added by chapter 531 of the
laws of 1984, and subdivision 1 as amended and subdivision 3 as added by
chapter 189 of the laws of 2000, is amended to read as follows:
S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
1. (a) Any owner or other person lawfully in possession of: (I) a
firearm, rifle or, shotgun who suffers the loss or theft of said weapon;
(II) AMMUNITION AS WELL AS A FIREARM, RIFLE OR SHOTGUN WHO SUFFERS THE
LOSS OR THEFT OF SUCH AMMUNITION AS WELL AS A FIREARM, RIFLE OR SHOTGUN;
OR (III) AMMUNITION AND IS A DEALER IN FIREARMS OR SELLER OF AMMUNITION
WHO SUFFERS THE LOSS OR THEFT OF SUCH AMMUNITION shall within twenty
four hours of the discovery of the loss or theft report the facts and
circumstances of the loss or theft to a police department or sheriff's
office.
(b) Whenever a person reports the theft or loss of a firearm, rifle
[or], shotgun OR AMMUNITION to any police department or sheriff's
office, the officer or department receiving such report shall forward
notice of such theft or loss to the division of state police via the New
York Statewide Police Information Network. The notice shall contain
information in compliance with the New York Statewide Police Information
Network Operating Manual, including the caliber, make, model, manufac
turer's name and serial number, if any, and any other distinguishing
number or identification mark on the weapon.
2. The division of state police shall receive, collect and file the
information referred to in subdivision one of this section. The division
shall cooperate, and undertake to furnish or make available to law
enforcement agencies this information, for the purpose of coordinating
law enforcement efforts to locate such weapons.
S. 2230 37 A. 2388
3. Notwithstanding any other provision of law, a violation of para
graph (a) of subdivision one of this section shall be [punishable only
by a fine not to exceed one hundred dollars] A CLASS A MISDEMEANOR.
S 52. The penal law is amended by adding a new section 460.22 to read
as follows:
S 460.22 AGGRAVATED ENTERPRISE CORRUPTION.
A PERSON IS GUILTY OF AGGRAVATED ENTERPRISE CORRUPTION WHEN HE OR SHE
COMMITS THE CRIME OF ENTERPRISE CORRUPTION AND TWO OR MORE OF THE ACTS
THAT CONSTITUTE HIS OR HER PATTERN OF CRIMINAL ACTIVITY ARE CLASS B
FELONIES OR HIGHER, AND AT LEAST TWO ACTS ARE ARMED FELONIES AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THE CRIMI
NAL PROCEDURE LAW OR ONE ACT IS SUCH AN ARMED FELONY AND ONE ACT IS A
VIOLATION OF SUBDIVISION TWO OF SECTION 265.17 OF THIS CHAPTER OR ONE
ACT IS A CLASS B VIOLENT FELONY AND TWO ARE VIOLATIONS OF SUBDIVISION
TWO OF SECTION 265.17 OF THIS CHAPTER.
AGGRAVATED ENTERPRISE CORRUPTION IS A CLASS A-I FELONY.
S 53. The surrogate's court procedure act is amended by adding a new
section 2509 to read as follows:
S 2509. FIREARMS INVENTORY
WHENEVER, BY REGULATION, RULE OR STATUTE, A FIDUCIARY OR ATTORNEY OF
RECORD MUST FILE A LIST OF ASSETS CONSTITUTING A DECEDENT'S ESTATE, SUCH
LIST MUST INCLUDE A PARTICULARIZED DESCRIPTION OF EVERY FIREARM, SHOTGUN
AND RIFLE, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW,
THAT ARE PART OF SUCH ESTATE. SUCH LIST MUST BE FILED WITH THE SURRO
GATE'S COURT IN THE COUNTY IN WHICH THE ESTATE PROCEEDING, IF ANY, IS
PENDING AND A COPY MUST BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
S 54.
Section 18 of chapter 408 of the laws of 1999, constituting
Kendra's Law, as amended by chapter 139 of the laws of 2010, is amended
to read as follows:
S 18. This act shall take effect immediately, provided that section
fifteen of this act shall take effect April 1, 2000, provided, further,
that subdivision (e) of section 9.60 of the mental hygiene law as added
by section six of this act shall be effective 90 days after this act
shall become law; and that this act shall expire and be deemed repealed
June 30, [2015] 2017.
S 55. The education law is amended by adding a new section 2801-b to
read as follows:
S 2801-B. NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS. THE GOVER
NOR SHALL ESTABLISH NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS,
WHICH MAY BE COMPOSED OF REPRESENTATIVES FROM THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DIVI
SION OF CRIMINAL JUSTICE SERVICES, AND THE DEPARTMENT. SUCH NEW YORK
STATE SCHOOL SAFETY IMPROVEMENT TEAMS SHALL REVIEW AND ASSESS SCHOOL
SAFETY PLANS SUBMITTED, ON A VOLUNTARY BASIS, BY SCHOOL DISTRICTS HAVING
A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS,
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND COUNTY VOCATIONAL EDUCA
TION AND EXTENSION BOARDS, AND MAY MAKE RECOMMENDATIONS TO IMPROVE SUCH
SCHOOL SAFETY PLANS.
S 56. Subdivision 6-c of section 3602 of the education law, as amended
by section 1 of part A-2 of chapter 62 of the laws of 2003, is amended
to read as follows:
6-c. A. Building aid for metal detectors, and safety devices for elec
trically operated partitions, room dividers and doors. In addition to
the apportionments payable to a school district pursuant to subdivision
six of this section, the commissioner is hereby authorized to apportion
S. 2230 38 A. 2388
to any school district additional building aid pursuant to this subdivi
sion for its approved expenditures in the base year for the purchase of
stationary metal detectors, security cameras, safety devices for elec
trically operated partitions and room dividers required pursuant to
section four hundred nine-f of this chapter, or other security devices
approved by the commissioner that increase the safety of students and
school personnel, provided, however, that funds apportioned to school
districts pursuant to this section shall not supplant funds for existing
district expenditures or for existing contractual obligations of the
district for stationary metal detectors, security cameras, partition and
room divider safety devices, or security devices. Portable or hand held
metal detectors shall not be eligible for aid pursuant to this subdivi
sion. Such additional aid shall equal the product of the building aid
ratio computed for use in the current year pursuant to paragraph c of
subdivision six of this section and the actual approved expenditures
incurred in the base year pursuant to this subdivision, provided that
the limitations on cost allowances prescribed by paragraph a of subdivi
sion six of this section shall not apply. The commissioner shall annual
ly prescribe a special cost allowance for metal detectors, and security
cameras, and the approved expenditures shall not exceed such cost allow
ance. The commissioner shall annually prescribe a special cost allowance
for partition and room divider safety devices, and the approved expendi
tures shall not exceed such cost allowance.
B. FOR PROJECTS APPROVED BY THE COMMISSIONER AUTHORIZED TO RECEIVE
ADDITIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION FOR THE PURCHASE OF
STATIONARY METAL DETECTORS, SECURITY CAMERAS OR OTHER SECURITY DEVICES
APPROVED BY THE COMMISSIONER THAT INCREASE THE SAFETY OF STUDENTS AND
SCHOOL PERSONNEL, PROVIDED THAT FOR PURPOSES OF THIS PARAGRAPH SUCH
OTHER SECURITY DEVICES SHALL BE LIMITED TO ELECTRONIC SECURITY SYSTEMS
AND HARDENED DOORS, AND PROVIDED THAT FOR PROJECTS APPROVED BY THE
COMMISSIONER ON OR AFTER THE FIRST DAY OF JULY TWO THOUSAND THIRTEEN AND
BEFORE THE FIRST DAY OF JULY TWO THOUSAND SIXTEEN SUCH ADDITIONAL AID
SHALL EQUAL THE PRODUCT OF (I) THE BUILDING AID RATIO COMPUTED FOR USE
IN THE CURRENT YEAR PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX OF THIS
SECTION PLUS TEN PERCENTAGE POINTS, EXCEPT THAT IN NO CASE SHALL THIS
AMOUNT EXCEED ONE HUNDRED PERCENT, AND (II) THE ACTUAL APPROVED EXPENDI
TURES INCURRED IN THE BASE YEAR PURSUANT TO THIS SUBDIVISION, PROVIDED
THAT THE LIMITATIONS ON COST ALLOWANCES PRESCRIBED BY PARAGRAPH A OF
SUBDIVISION SIX OF THIS SECTION SHALL NOT APPLY, AND PROVIDED FURTHER
THAT ANY PROJECTS AIDED UNDER THIS PARAGRAPH MUST BE INCLUDED IN A
DISTRICT'S SCHOOL SAFETY PLAN. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE
A SPECIAL COST ALLOWANCE FOR METAL DETECTORS, AND SECURITY CAMERAS, AND
THE APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
S 57. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro
versy in which the judgment shall have been rendered.
S 58. This act shall take effect immediately; provided, however, that:
a. Sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eigh
teen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty
four, twenty-five, twenty-six, twenty-six-a, twenty-seven, twenty-eight,
twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four,
S. 2230 39 A. 2388
thirty-five, thirty-six, thirty-nine, forty, forty-one, forty-one-a,
forty-one-b, forty-two, forty-three, forty-five, forty-six, forty-six-a,
forty-seven, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five,
and fifty-six of this act shall take effect on the sixtieth day after it
shall have become a law;
b. The amendments to subdivision 23 of section 265.00 of the penal law
made by section thirty-eight of this act shall take effect on the nine
tieth day after this act shall have become a law, except that the amend
ments made to paragraph (a) of subdivision 23 shall take effect imme
diately;
c. The amendments to subdivision 1, paragraph (a) of subdivision 3,
and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
penal law made by section forty-eight of this act shall take effect one
year after this act shall have become a law;
d. The amendments to subdivision 16-a of section 400.00 of the penal
law made by section forty-eight of this act shall take effect on the
ninetieth day after this act shall have become a law;
e. The amendments to sections 400.02 and 400.03 of the penal law made
by sections forty-nine and fifty of this act shall take effect one year
after it shall have become a law; and
f. The amendments to subdivision (b) of section 9.47 and sections 9.48
and 9.60 of the mental hygiene law made by sections twenty-one, twenty
two and twenty-three of this act shall not affect the expiration and
repeal of such paragraph and sections and shall be deemed repealed ther
ewith.
2013-01-18 03:30:56
Source: https://willyloman.wordpress.com/2013/01/15/full-text-of-s2230-2013-ny-safe-act-of-2013/
Source:
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