S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1302--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Consumer  Protection  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the general business law and the penal law, in  relation
         to preventing the sale of firearms, rifles, and shotguns to criminals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings and declaration. The legislature here-
    2  by finds and declares as follows:
    3    1. Firearms, rifles and shotguns are used to kill over 30,000 individ-
    4  uals in the United States every year, including 1,000 individuals in New
    5  York state alone. Additionally, there  are  100,000  non-fatal  injuries
    6  across  the  country.  The  federal  government has largely ignored this
    7  public health crisis and has left it up to state and  local  governments
    8  to protect its citizens. Firearm violence also costs billions of dollars
    9  and  causes  incalculable  emotional  damage,  devastating  families and
   10  communities throughout the country.  Therefore, the state  of  New  York
   11  has  a  strong interest in reducing violence and crimes that involve the
   12  use of firearms and the illegal trafficking of  firearms.  Illegal  guns
   13  obtained  throughout  the  state end up in the hands of criminals, youth
   14  and violent individuals who use them to threaten, maim and kill.
   15    2. There is a thriving underground market for illegal firearms, large-
   16  ly driven by demand from drug gangs and other criminals. A highly  effi-
   17  cient  and  continuous  business  practice  exists in which firearms are
   18  moved from legal manufacture and sale to prohibited  purchasers,  making
   19  them  illegal  firearms.  In  2013, according to a review by the federal
   20  Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) of trace data
   21  compiled for several regions in the state,  including  Albany,  Buffalo,
   22  Rochester,  Syracuse,  Long Island and New York City that calendar year,
   23  8,539 firearms were recovered and traced, 2,164 of which were long guns.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00153-04-5
       S. 1302--A                          2
    1  Outside New York City, long guns are sold without a permit. 64.4% of the
    2  firearms recovered from crimes in New York in 2013  were  found  in  New
    3  York  City.    In  2011, ATF trace data showed that 90% of the traceable
    4  guns  used in crimes in the five boroughs were from out of state. State-
    5  wide, in 2011, 68% of traced crime guns recovered in New York came  from
    6  out  of state.  A significant portion of guns involved in crimes upstate
    7  originate within the state. For example, according to 2009 ATF crime gun
    8  trace data, 69% of crime guns in the Buffalo area and 50% of crime  guns
    9  in the Syracuse area originated within New York state.
   10    3.  Youth are particularly at risk of being killed with guns.  Accord-
   11  ing to the Centers for Disease Control and Prevention,  in  2010  alone,
   12  116  children  and teens (under the age of 19) died from gun violence in
   13  New York state.
   14    4. A substantial portion of illegal firearms are diverted to the ille-
   15  gal market through licensed gun dealers. Rogue gun dealers  play  a  key
   16  role  in  this  market.  These  rogue dealers funnel guns to the illegal
   17  market through a variety of channels. One of the most common means is to
   18  allow "straw purchases". A straw purchase occurs when a person purchases
   19  a gun on behalf of a prohibited person. The ATF  conducted  an  investi-
   20  gation of gun trafficking from July 1996 to December 1998 and found that
   21  almost 26,000 trafficked firearms were associated with investigations in
   22  which  there was a straw purchaser. Almost 50% of all trafficking inves-
   23  tigations involved straw purchasers, with  an  average  of  37  firearms
   24  trafficked per investigation.  Another issue, according to a 2008 report
   25  by  Mayors  Against Illegal Guns, Inside Straw Purchasing: How Criminals
   26  Get Guns Illegally, is that many traffickers return to  the  same  store
   27  again  and  again  once they have identified it as one in which they can
   28  make straw purchases easily.  According to the ATF, 1%  of  gun  dealers
   29  are the source of almost 60% of crime guns.
   30    5.    Although  most  gun dealers operate their businesses legally and
   31  responsibly, some gun dealers who are corrupt or maintain shoddy record-
   32  keeping practices flood the streets with illegal weapons as a result  of
   33  their  unrestricted access to new gun inventory and the unwillingness of
   34  gun manufacturers to terminate their  supply  to  these  rogue  dealers.
   35  Current  federal  and state regulation has not curbed the business prac-
   36  tice of illegal gun dealers. According to a 2004 study by Americans  for
   37  Gun  Safety,  of  the 120 worst gun dealers in the country, namely those
   38  dealers with an average of 500 crime guns traced to them, 96 were  still
   39  in operation.
   40    6.  Moreover,  this  problem is not limited to unlicensed sellers, and
   41  clearly includes federal firearms  licensees  (FFLs).  Indeed,  although
   42  FFLs were involved in under 10% of the trafficking investigations under-
   43  taken  by  ATF, they were associated with the largest number of diverted
   44  firearms--over 40,000 guns, which is nearly half of the total number  of
   45  trafficked  firearms  documented during the two-year period of the ATF's
   46  investigation.  Additionally, a 2010 report by  Mayors  Against  Illegal
   47  Guns  indicated  that  several  states  which allow state authorities to
   48  supplement the federal ATF inspection with routine  inspections  provide
   49  law  enforcement with more opportunities to uncover dealers in violation
   50  of the law.  These inspections also help identify dealers  who  exercise
   51  lax  oversight  over their inventory and may lead to improved compliance
   52  with federal, state, and local laws.
   53    7. Current state  law  governing  firearm  dealers  is  inadequate  to
   54  prevent  the  diversion  of  firearms to the illegal marketplace.  Addi-
   55  tional protections that are needed include,  but  are  not  limited  to,
   56  better  gun dealer internal compliance procedures, programs to eliminate
       S. 1302--A                          3
    1  straw purchases, improved security measures, reducing youth access,  and
    2  mandatory training for gun dealer employees.  The additional protections
    3  set forth in this act will greatly enhance the state's efforts to reduce
    4  criminal activity in the state.
    5    S 2. The general business law is amended by adding a new article 39-BB
    6  to read as follows:
    7                                 ARTICLE 39-BB
    8                      PREVENTING THE SALE OF FIREARMS,
    9                      RIFLES, AND SHOTGUNS TO CRIMINALS
   10  SECTION 875-A. DEFINITIONS.
   11          875-B. REASONABLE MEASURES TO PREVENT SALES AND
   12                  TRANSFERS TO CRIMINALS.
   13          875-C. SECURITY.
   14          875-D. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS.
   15          875-E. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.
   16          875-F. EMPLOYEE TRAINING.
   17          875-G. MAINTENANCE OF RECORDS.
   18          875-H. INTERNAL COMPLIANCE AND CERTIFICATION.
   19          875-I. RULES AND REGULATIONS.
   20          875-J. VIOLATIONS.
   21    S 875-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   22    1.  "DEALER"  MEANS  ANY  PERSON,  FIRM,  PARTNERSHIP, CORPORATION, OR
   23  COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING, KEEPING  FOR
   24  SALE,  LENDING,  LEASING,  OR  IN  ANY MANNER DISPOSING OF, ANY FIREARM,
   25  RIFLE, OR SHOTGUN.
   26    2. "DISPOSE OF" MEANS TO DISPOSE OF, GIVE,  GIVE  AWAY,  LEASE,  LEND,
   27  KEEP  FOR  SALE,  OFFER,  OFFER  FOR  SALE, SELL, TRANSFER, OR OTHERWISE
   28  DISPOSE OF.
   29    3. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
   30  SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   31    4.  "FIREARM  EXHIBITOR"  MEANS  ANY PERSON, FIRM, PARTNERSHIP, CORPO-
   32  RATION, OR COMPANY THAT EXHIBITS, SELLS, OFFERS FOR SALE, TRANSFERS,  OR
   33  EXCHANGES FIREARMS, RIFLES, OR SHOTGUNS AT A GUN SHOW.
   34    5.  "RETAIL DEALER" MEANS ANY DEALER ENGAGED IN THE RETAIL BUSINESS OF
   35  SELLING FIREARMS, RIFLES, OR SHOTGUNS.
   36    6. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
   37  ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
   38    7. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
   39  SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
   40    8.  "STRAW  PURCHASE" MEANS THE PURCHASE, OR ATTEMPT TO PURCHASE, BY A
   41  PERSON OF A FIREARM, RIFLE, OR SHOTGUN FOR, ON BEHALF OF, OR FOR THE USE
   42  OF ANOTHER PERSON, KNOWING THAT IT WOULD  BE  UNLAWFUL  FOR  SUCH  OTHER
   43  PERSON TO POSSESS SUCH FIREARM, RIFLE, OR SHOTGUN, OR AN ATTEMPT TO MAKE
   44  SUCH A PURCHASE.
   45    9.  "STRAW  PURCHASER"  MEANS  A  PERSON WHO, KNOWING THAT IT WOULD BE
   46  UNLAWFUL FOR ANOTHER PERSON TO POSSESS A  FIREARM,  RIFLE,  OR  SHOTGUN,
   47  PURCHASES  OR  ATTEMPTS TO PURCHASE A FIREARM, RIFLE, OR SHOTGUN FOR, ON
   48  BEHALF OF, OR FOR THE USE OF SUCH OTHER PERSON.
   49    10. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
   50    S 875-B. REASONABLE MEASURES TO PREVENT SALES AND TRANSFERS TO  CRIMI-
   51  NALS.  EVERY DEALER SHALL ADOPT REASONABLE MEASURES TO PREVENT FIREARMS,
   52  RIFLES,  AND  SHOTGUNS  FROM  BEING  DIVERTED  FROM  THE LEGAL STREAM OF
   53  COMMERCE, INTENTIONALLY OR  OTHERWISE,  FOR  LATER  SALE,  TRANSFER,  OR
   54  DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO PURCHASE OR POSSESS SUCH
   55  WEAPONS.  SUCH  MEASURES  SHALL  INCLUDE,  BUT  NEED  NOT BE LIMITED TO,
   56  PROGRAMS TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE  THWART
       S. 1302--A                          4
    1  ILLEGAL  GUN  TRAFFICKING.  THE  SUPERINTENDENT  SHALL  DEVELOP PROGRAMS
    2  DESIGNED TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE  THWART
    3  ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
    4  ARTICLE,  THE  SUPERINTENDENT  SHALL  SUBMIT A REPORT TO THE LEGISLATURE
    5  DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINIMUM REQUIREMENTS FOR
    6  SUCH PROGRAMS.
    7    S 875-C. SECURITY. EVERY DEALER SHALL IMPLEMENT A  SECURITY  PLAN  FOR
    8  SECURING  FIREARMS,  RIFLES AND SHOTGUNS, INCLUDING FIREARMS, RIFLES AND
    9  SHOTGUNS IN SHIPMENT. THE PLAN  MUST  SATISFY  AT  LEAST  THE  FOLLOWING
   10  REQUIREMENTS:
   11    1.  DISPLAY  CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
   12  SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
   13  HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
   14  AN EMPLOYEE;
   15    2. ALL FIREARMS, RIFLES AND SHOTGUNS  SHALL  BE  SECURED,  OTHER  THAN
   16  DURING  BUSINESS  HOURS,  IN  A  LOCKED  FIREPROOF  SAFE OR VAULT IN THE
   17  LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED  AND  LOCKED  AREA;
   18  AND
   19    3. AMMUNITION SHALL BE STORED SEPARATELY FROM THE FIREARMS, RIFLES AND
   20  SHOTGUNS AND OUT OF REACH OF THE CUSTOMERS.
   21    4.  (A)  THE  PERMITTED BUSINESS LOCATION SHALL BE SECURED BY AN ALARM
   22  SYSTEM THAT IS INSTALLED AND MAINTAINED BY  AN  ALARM  COMPANY  OPERATOR
   23  PROPERLY  LICENSED PURSUANT TO STATE LAW. THE ALARM SYSTEM MUST BE MONI-
   24  TORED BY A CENTRAL STATION LISTED BY  UNDERWRITERS  LABORATORIES,  INC.,
   25  AND  COVERED  BY  AN ACTIVE UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM
   26  CERTIFICATE WITH A #3 EXTENT OF PROTECTION.
   27    (B)  UNDERWRITERS  LABORATORIES,  INC.  USES  THE  TERM   "EXTENT   OF
   28  PROTECTION"  TO  REFER  TO  THE  AMOUNT OF ALARM PROTECTION INSTALLED TO
   29  PROTECT A PARTICULAR AREA, ROOM OR CONTAINER. SYSTEMS WITH A  #3  EXTENT
   30  OF  PROTECTION  INCLUDE COMPLETE PROTECTION FOR ALL ACCESSIBLE OPENINGS,
   31  AND PARTIAL MOTION AND SOUND DETECTION AT CERTAIN  OTHER  AREAS  OF  THE
   32  PREMISES.  MORE INFORMATION MAY BE FOUND IN: CENTRAL STATION ALARM ASSO-
   33  CIATION, A PRACTICAL GUIDE TO CENTRAL STATION BURGLAR ALARM SYSTEMS (3RD
   34  ED. 2005).
   35    S 875-D. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS. EVERY RETAIL DEALER
   36  SHALL EXCLUDE ALL  PERSONS  UNDER  EIGHTEEN  YEARS  OF  AGE  FROM  THOSE
   37  PORTIONS OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS, OR AMMUNITION
   38  ARE  STOCKED  OR  SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY A PARENT OR
   39  GUARDIAN.
   40    S 875-E. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.  EVERY  DEALER
   41  SHALL  SELL  OR OTHERWISE DISPOSE OF FIREARMS, RIFLES, AND SHOTGUNS ONLY
   42  AT THE LOCATION LISTED ON THE DEALER'S FEDERAL FIREARMS  LICENSE  OR  AT
   43  GUN SHOWS.
   44    S 875-F. EMPLOYEE TRAINING. EVERY RETAIL DEALER SHALL PROVIDE TRAINING
   45  TO  ALL  EMPLOYEES  AND  OTHER  PERSONNEL  ENGAGED IN THE RETAIL SALE OF
   46  FIREARMS, RIFLES, AND SHOTGUNS RELATING TO:
   47    1. THE LAW GOVERNING FIREARM, RIFLE, AND SHOTGUN TRANSFERS BY  FEDERAL
   48  FIREARMS LICENSEES AND INDIVIDUALS;
   49    2.  HOW  TO  RECOGNIZE  STRAW PURCHASES AND OTHER ATTEMPTS TO PURCHASE
   50  FIREARMS, RIFLES, OR SHOTGUNS ILLEGALLY; AND
   51    3. HOW TO TEACH CONSUMERS RULES  OF  GUN  SAFETY,  INCLUDING  BUT  NOT
   52  LIMITED  TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES, AND SHOT-
   53  GUNS.
   54    NO EMPLOYEE OR AGENT OF ANY RETAIL DEALER  SHALL  PARTICIPATE  IN  THE
   55  SALE  OR DISPOSITION OF FIREARMS, RIFLES, OR SHOTGUNS UNLESS SUCH PERSON
   56  IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE  TRAINING
       S. 1302--A                          5
    1  REQUIRED  BY  THIS  SECTION.  THE  SUPERINTENDENT SHALL PROMULGATE REGU-
    2  LATIONS SETTING  FORTH  MINIMUM  REQUIREMENTS  FOR  THE  MAINTENANCE  OF
    3  RECORDS OF SUCH TRAINING.
    4    S  875-G.    MAINTENANCE  OF RECORDS. EVERY DEALER SHALL ESTABLISH AND
    5  MAINTAIN SUCH PURCHASE, SALE, INVENTORY, AND OTHER RECORDS AT THE  DEAL-
    6  ER'S  PLACE  OF  BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPER-
    7  INTENDENT SHALL REQUIRE, AND SHALL SUBMIT SUCH RECORDS TO THE  NEW  YORK
    8  STATE  POLICE  EVERY  APRIL AND OCTOBER. SUCH RECORDS SHALL AT A MINIMUM
    9  INCLUDE THE FOLLOWING:
   10    1. EVERY DEALER SHALL RECORD THE MAKE, MODEL, CALIBER  OR  GAUGE,  AND
   11  SERIAL  NUMBER  OF ALL RIFLES AND SHOTGUNS THAT ARE ACQUIRED OR DISPOSED
   12  OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR ACQUISITION  OR  DISPOSI-
   13  TION.  MONTHLY  BACKUPS OF THESE RECORDS SHALL BE MAINTAINED IN A SECURE
   14  CONTAINER DESIGNED TO PREVENT  LOSS BY FIRE, THEFT, OR OTHER MISHAP;
   15    2. ALL RIFLES AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED  OF  MUST  BE
   16  ACCOUNTED  FOR  THROUGH  AN INVENTORY CHECK PREPARED ONCE EACH MONTH AND
   17  MAINTAINED IN A SECURE LOCATION;
   18    3. RIFLE AND SHOTGUN SALES INFORMATION, INCLUDING THE  SERIAL  NUMBERS
   19  OF  RIFLES AND SHOTGUNS SOLD, DATES OF SALE, AND IDENTITY OF PURCHASERS,
   20  SHALL BE MAINTAINED AND MADE AVAILABLE  TO  GOVERNMENT  LAW  ENFORCEMENT
   21  AGENCIES AND TO THE MANUFACTURER OF THE WEAPON OR ITS DESIGNEE; AND
   22    4.  EVERY  DEALER SHALL MAINTAIN RECORDS OF CRIMINAL RIFLE AND SHOTGUN
   23  TRACES INITIATED BY THE FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
   24  EXPLOSIVES ("ATF"). ALL ATF  FORM  4473  TRANSACTION  RECORDS  SHALL  BE
   25  RETAINED  ON  THE  DEALER'S  BUSINESS  PREMISES  IN  A  SECURE CONTAINER
   26  DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
   27    S 875-H. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:
   28    (A) IMPLEMENT AND MAINTAIN SUFFICIENT INTERNAL  COMPLIANCE  PROCEDURES
   29  TO  ENSURE  COMPLIANCE  WITH  THE  REQUIREMENTS  OF THIS ARTICLE AND ALL
   30  APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING  THE
   31  SALE, TRANSFER, AND DISPOSAL OF FIREARMS, RIFLES, AND SHOTGUNS; AND
   32    (B)  ANNUALLY  CERTIFY  TO  THE  SUPERINTENDENT  THAT  SUCH DEALER HAS
   33  COMPLIED WITH ALL OF THE REQUIREMENTS OF THIS ARTICLE.  THE  SUPERINTEN-
   34  DENT  SHALL  BY REGULATION DETERMINE THE FORM AND CONTENT OF SUCH ANNUAL
   35  CERTIFICATION.
   36    2. THE SUPERINTENDENT OF STATE  POLICE  SHALL  PROMULGATE  REGULATIONS
   37  ESTABLISHING  PERIODIC  INSPECTIONS,  DURING  REGULAR AND USUAL BUSINESS
   38  HOURS, BY THE DIVISION OF STATE POLICE OF THE PREMISES OF  EVERY  DEALER
   39  TO  DETERMINE  COMPLIANCE  BY  SUCH DEALER WITH THE REQUIREMENTS OF THIS
   40  ARTICLE. EVERY DEALER SHALL PROVIDE THE DIVISION OF  STATE  POLICE  WITH
   41  FULL ACCESS TO SUCH DEALER'S PREMISES FOR SUCH INSPECTIONS.
   42    S 875-I. RULES AND REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE SUCH
   43  ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
   44  SARY  TO PREVENT FIREARMS, RIFLES, AND SHOTGUNS FROM BEING DIVERTED FROM
   45  THE LEGAL STREAM OF COMMERCE.
   46    S 875-J. VIOLATIONS. ANY PERSON, FIRM, OR  CORPORATION  WHO  KNOWINGLY
   47  VIOLATES  ANY  PROVISION  OF  THIS  ARTICLE SHALL BE GUILTY OF A CLASS A
   48  MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN THE PENAL LAW,  AND  SHALL  BE
   49  GUILTY  OF A CLASS E FELONY FOR A SECOND VIOLATION OCCURRING WITHIN FIVE
   50  YEARS OF A PRIOR CONVICTION FOR A VIOLATION OF  ANY  PROVISION  OF  THIS
   51  ARTICLE.
   52    S  3.  Subdivision 1 of section 400.00 of the penal law, as amended by
   53  chapter 1 of the laws of 2013, is amended to read as follows:
   54    1. Eligibility. No license shall be issued or renewed pursuant to this
   55  section except by the licensing officer, and then  only  after  investi-
   56  gation  and  finding  that  all statements in a proper application for a
       S. 1302--A                          6
    1  license are true. No license shall be issued or renewed  except  for  an
    2  applicant  (a) twenty-one years of age or older, provided, however, that
    3  where such applicant has  been  honorably  discharged  from  the  United
    4  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    5  national guard of the state of New York, no such age  restriction  shall
    6  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    7  anywhere of a felony or a serious offense; (d) who  is  not  a  fugitive
    8  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
    9  controlled substance as defined in section 21 U.S.C. 802; (f) who  being
   10  an alien (i) is not illegally or unlawfully in the United States or (ii)
   11  has  not  been  admitted  to the United States under a nonimmigrant visa
   12  subject to the exception in 18 U.S.C. 922(y)(2); (g) who  has  not  been
   13  discharged from the Armed Forces under dishonorable conditions; (h) who,
   14  having been a citizen of the United States, has not renounced his or her
   15  citizenship;  (i) who has stated whether he or she has ever suffered any
   16  mental illness; (j) who has not been involuntarily committed to a facil-
   17  ity under the jurisdiction of an office  of  the  department  of  mental
   18  hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
   19  article seven hundred thirty or section 330.20 of the criminal procedure
   20  law, section four hundred two or five hundred eight  of  the  correction
   21  law,  section  322.2  or  353.4 of the family court act, or has not been
   22  civilly confined in a secure treatment facility pursuant to article  ten
   23  of  the mental hygiene law; (k) who has not had a license revoked or who
   24  is not under a suspension or ineligibility order issued pursuant to  the
   25  provisions  of  section  530.14 of the criminal procedure law or section
   26  eight hundred forty-two-a of the family court act; (l) in the county  of
   27  Westchester, who has successfully completed a firearms safety course and
   28  test  as  evidenced  by a certificate of completion issued in his or her
   29  name and endorsed and affirmed under the penalties of perjury by a  duly
   30  authorized  instructor,  except  that:  (i)  persons  who  are honorably
   31  discharged from the United States army,  navy,  marine  corps  or  coast
   32  guard,  or  of  the national guard of the state of New York, and produce
   33  evidence of official  qualification  in  firearms  during  the  term  of
   34  service  are  not  required  to have completed those hours of a firearms
   35  safety course pertaining to the safe use, carrying, possession,  mainte-
   36  nance  and  storage  of a firearm; and (ii) persons who were licensed to
   37  possess a pistol or revolver prior to the effective date of  this  para-
   38  graph  are  not  required to have completed a firearms safety course and
   39  test; (m) who has not had a guardian appointed for him or  her  pursuant
   40  to any provision of state law, based on a determination that as a result
   41  of  marked subnormal intelligence, mental illness, incapacity, condition
   42  or disease, he or she lacks the mental capacity to  contract  or  manage
   43  his or her own affairs; and (n) concerning whom no good cause exists for
   44  the  denial  of  the  license. No person shall engage in the business of
   45  gunsmith or dealer in firearms unless licensed pursuant to this section,
   46  AND NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN FIREARMS  UNLESS
   47  SUCH  PERSON  COMPLIES  WITH THE PROVISIONS OF ARTICLE THIRTY-NINE-BB OF
   48  THE GENERAL BUSINESS LAW.  An applicant to engage in such business shall
   49  also be a citizen of the United States, more than  twenty-one  years  of
   50  age  and  maintain  a  place of business in the city or county where the
   51  license is issued. For such business, if the  applicant  is  a  firm  or
   52  partnership,  each  member thereof shall comply with all of the require-
   53  ments set forth in this subdivision and if the  applicant  is  a  corpo-
   54  ration, each officer thereof shall so comply.
       S. 1302--A                          7
    1    S  4.  Subdivisions  11  and 12 of section 400.00 of the penal law, as
    2  amended by chapter 1 of the  laws  of  2013,  are  amended  to  read  as
    3  follows:
    4    11. License: revocation and suspension. (a) The conviction of a licen-
    5  see  anywhere  of  a felony or serious offense or a licensee at any time
    6  becoming ineligible to obtain a license under this section shall operate
    7  as a revocation of the license. A license may be revoked or suspended as
    8  provided for in section 530.14 of the criminal procedure law or  section
    9  eight  hundred forty-two-a of the family court act. Except for a license
   10  issued pursuant to section 400.01 of this  article,  a  license  may  be
   11  revoked  and  cancelled  at any time in the city of New York, and in the
   12  counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
   13  than  in  the  city  of  New  York by any judge or justice of a court of
   14  record; a license issued pursuant to section 400.01 of this article  may
   15  be  revoked  and  cancelled  at any time by the licensing officer or any
   16  judge or justice of a court of record.  A LICENSE TO ENGAGE IN THE BUSI-
   17  NESS OF DEALER MAY BE REVOKED OR SUSPENDED  FOR  ANY  VIOLATION  OF  THE
   18  PROVISIONS  OF  ARTICLE  THIRTY-NINE-BB OF THE GENERAL BUSINESS LAW. The
   19  official revoking a license shall give written  notice  thereof  without
   20  unnecessary delay to the executive department, division of state police,
   21  Albany,  and  shall  also notify immediately the duly constituted police
   22  authorities of the locality.
   23    (b) Whenever the director of community services or his or her designee
   24  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
   25  division  of  criminal  justice  services shall convey such information,
   26  whenever it determines that the person named in the report  possesses  a
   27  license  issued  pursuant  to this section, to the appropriate licensing
   28  official, who shall issue an order suspending or revoking such license.
   29    (c) In any instance in  which  a  person's  license  is  suspended  or
   30  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
   31  shall surrender such license to the appropriate licensing  official  and
   32  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
   33  person shall be surrendered to an appropriate law enforcement agency  as
   34  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
   35  section 265.20 of this chapter. In  the  event  such  license,  firearm,
   36  shotgun,  or  rifle  is not surrendered, such items shall be removed and
   37  declared a nuisance and any  police  officer  or  peace  officer  acting
   38  pursuant  to  his  or her special duties is authorized to remove any and
   39  all such weapons.
   40    12. Records required of gunsmiths and dealers in  firearms.  [Any]  IN
   41  ADDITION  TO THE REQUIREMENTS SET FORTH IN ARTICLE THIRTY-NINE-BB OF THE
   42  GENERAL BUSINESS LAW, ANY person  licensed  as  gunsmith  or  dealer  in
   43  firearms  shall  keep  a  record book approved as to form, except in the
   44  city of New York, by the superintendent of state police. In  the  record
   45  book  shall  be  entered  at  the  time of every transaction involving a
   46  firearm the date, name, age, occupation and residence of any person from
   47  whom a firearm is received or to whom a firearm is  delivered,  and  the
   48  calibre, make, model, manufacturer's name and serial number, or if none,
   49  any  other distinguishing number or identification mark on such firearm.
   50  Before delivering a firearm to any person, the  licensee  shall  require
   51  him  to  produce  either  a license valid under this section to carry or
   52  possess the same, or proof of  lawful  authority  as  an  exempt  person
   53  pursuant to section 265.20 OF THIS CHAPTER. In addition, before deliver-
   54  ing  a  firearm  to  a  peace  officer,  the  licensee shall verify that
   55  person's status as a peace officer with the division  of  state  police.
   56  After completing the foregoing, the licensee shall remove and retain the
       S. 1302--A                          8
    1  attached  coupon  and enter in the record book the date of such license,
    2  number, if any, and name of the licensing officer, in the  case  of  the
    3  holder  of a license to carry or possess, or the shield or other number,
    4  if  any,  assignment  and  department, unit or agency, in the case of an
    5  exempt person. The original transaction report shall be forwarded to the
    6  division of state police within ten days of delivering a firearm to  any
    7  person,  and  a duplicate copy shall be kept by the licensee. The super-
    8  intendent of state police  may  designate  that  such  record  shall  be
    9  completed  and transmitted in electronic form. A dealer may be granted a
   10  waiver from transmitting such records in electronic form if  the  super-
   11  intendent  determines that such dealer is incapable of such transmission
   12  due to technological limitations that  are  not  reasonably  within  the
   13  control  of  the dealer, or other exceptional circumstances demonstrated
   14  by the dealer, pursuant to a process established in regulation,  and  at
   15  the discretion of the superintendent. Records assembled or collected for
   16  purposes of inclusion in the database created pursuant to section 400.02
   17  of  this  article shall not be subject to disclosure pursuant to article
   18  six of the public officers law. The record book shall be  maintained  on
   19  the premises mentioned and described in the license and shall be open at
   20  all  reasonable hours for inspection by any peace officer, acting pursu-
   21  ant to his special duties, or police officer. In the event of  cancella-
   22  tion or revocation of the license for gunsmith or dealer in firearms, or
   23  discontinuance  of  business  by  a  licensee, such record book shall be
   24  immediately surrendered to the licensing officer  in  the  city  of  New
   25  York,  and  in  the counties of Nassau and Suffolk, and elsewhere in the
   26  state to the executive department, division of state police.
   27    S 5. Severability. If any clause, sentence, paragraph, section or part
   28  of this act shall be adjudged by any court of competent jurisdiction  to
   29  be  invalid,  such  judgment  shall not affect, impair or invalidate the
   30  remainder thereof, but shall be confined in its operation to the clause,
   31  sentence, paragraph, section or part thereof directly  involved  in  the
   32  controversy in which such judgment shall have been rendered.
   33    S  6.  This  act shall take effect on the ninetieth day after it shall
   34  have become a law; provided that the superintendent of the  division  of
   35  state police is authorized and directed to immediately adopt, amend, and
   36  promulgate  such rules and regulations as may be necessary and desirable
   37  to effectuate the purposes of section two of this act.