STATE OF NEW YORK
        ________________________________________________________________________

                                           478

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens. OBERACKER, ASHBY, BORRELLO, GALLIVAN -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to authorizing  the  transfer
          of  certain  weapons  from  an  estate  to  an immediate member of the
          decedent's family; to amend the penal law, in relation to  the  filing
          of  approved  applications  for licenses to carry, possess, repair and
          dispose of firearms; to amend the mental hygiene law, in  relation  to
          reports of substantial risk or threat of harm by mental health profes-
          sionals;  to  amend  the  penal law, in relation to licenses to carry,
          possess, repair and dispose of firearms; and to repeal section  400.03
          of the penal law relating to sellers of ammunition

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Section 400.03 of the penal law is REPEALED.
     2    § 2. Paragraph (g) of subdivision 22 of section 265.00  of  the  penal
     3  law is amended by adding a new subparagraph (vii) to read as follows:
     4    (vii)  any weapon legally possessed and validly registered pursuant to
     5  subdivision sixteen-a of section 400.00 of this chapter  prior  to  such
     6  person's  death and bequeathed or passed through intestacy to an immedi-
     7  ate family member of the deceased. Such weapons shall be subject to  the
     8  provisions  of  paragraph  (h) of this subdivision. For purposes of this
     9  subparagraph, the meaning of immediate family member is  as  defined  by
    10  subdivision  one  of  section  eight hundred ninety-eight of the general
    11  business law;
    12    § 3. Paragraph (h) of subdivision 22 of section 265.00  of  the  penal
    13  law,  as  amended by chapter 209 of the laws of 2022, is amended to read
    14  as follows:
    15    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
    16  may only be sold to, exchanged  with  or  disposed  of  to  a  purchaser

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01840-01-5

        S. 478                              2

     1  authorized to possess such weapons or to an individual or entity outside
     2  of  the state provided that any such transfer to an individual or entity
     3  outside of the state must be reported to the entity wherein  the  weapon
     4  is  registered  within seventy-two hours of such transfer. An individual
     5  who transfers any such weapon to an individual inside New York state  or
     6  without  complying with the provisions of this paragraph shall be guilty
     7  of a class A misdemeanor.
     8    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
     9  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
    10  that was legally possessed and validly registered by an individual prior
    11  to their death may be transferred by the estate of  such  individual  to
    12  one  of  their  immediate  family members. For purposes of this subpara-
    13  graph, the meaning of immediate family member is as defined by  subdivi-
    14  sion  one  of section eight hundred ninety-eight of the general business
    15  law.
    16    § 4. Subdivision 5 of section 400.00 of the penal law, as  amended  by
    17  chapter  1  of  the laws of 2013, subparagraph (iii) of paragraph (e) as
    18  amended by chapter 244 of the laws  of  2019,  is  amended  to  read  as
    19  follows:
    20    5.  Filing  of  approved  applications.  [(a)] The application for any
    21  license, if granted, shall be filed by the licensing  officer  with  the
    22  clerk  of  the  county  of issuance, except that in the city of New York
    23  and, in the counties of Nassau and Suffolk, the licensing officer  shall
    24  designate  the  place  of  filing in the appropriate division, bureau or
    25  unit of the police department thereof, and in the county of Suffolk  the
    26  county  clerk  is  hereby authorized to transfer all records or applica-
    27  tions relating to firearms to the licensing authority  of  that  county.
    28  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
    29  the name and  address]  The  application  and  any  supporting  records,
    30  including  any  information  contained therein, of any person to whom an
    31  application for any license has been  granted  shall  not  be  a  public
    32  record and shall not be subject to disclosure pursuant to article six of
    33  the  public officers law. Upon application by a licensee who has changed
    34  [his] their place of residence such records  or  applications  shall  be
    35  transferred  to  the  appropriate officer at the licensee's new place of
    36  residence. A duplicate copy of such application shall be  filed  by  the
    37  licensing  officer  in  the  executive  department,  division  of [state
    38  police] criminal justice services, Albany, within ten days  after  issu-
    39  ance of the license. The [superintendent] commissioner of [state police]
    40  criminal  justice  services may designate that such application shall be
    41  transmitted to the division of [state police] criminal justice  services
    42  electronically.  In  the  event the [superintendent] commissioner of the
    43  division of [state police] criminal justice services determines that  it
    44  lacks  any of the records required to be filed with the division, it may
    45  request that such records be provided to it by  the  appropriate  clerk,
    46  department  or  authority  and such clerk, department or authority shall
    47  provide the division with such records. In the event such clerk, depart-
    48  ment or authority lacks such  records,  the  division  may  request  the
    49  license  holder provide information sufficient to constitute such record
    50  and such license holder shall provide the division  with  such  informa-
    51  tion.  Such  information  shall be limited to the license holder's name,
    52  date of birth, gender, race, residential address, social security number
    53  and firearms possessed by said license holder. Nothing in this  subdivi-
    54  sion  shall  be  construed to change the expiration date or term of such
    55  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    56  collected  for purposes of inclusion in the database established by this

        S. 478                              3

     1  section shall be released pursuant to a court order.  Records  assembled
     2  or  collected for purposes of inclusion in the database created pursuant
     3  to section 400.02 of this [chapter] article  shall  not  be  subject  to
     4  disclosure  pursuant  to  article  six of the public officers law except
     5  that the total number of persons registered in any county of  the  state
     6  may  be  disclosed  without  any  other  identifying information about a
     7  registrant.
     8    [(b) Each application for a license pursuant to paragraph (a) of  this
     9  subdivision  shall  include,  on a separate written form prepared by the
    10  division of state police within thirty days of the effective date of the
    11  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    12  section,  and provided to the applicant at the same time and in the same
    13  manner as the application for a license, an opportunity for  the  appli-
    14  cant  to  request  an  exception from his or her application information
    15  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    16  Such  forms,  which  shall also be made available to individuals who had
    17  applied for or been granted a license prior to the effective date of the
    18  chapter of the laws of two thousand thirteen which amended this section,
    19  shall notify applicants that, upon discovery that an applicant knowingly
    20  provided false information, such applicant may be subject  to  penalties
    21  pursuant to section 175.30 of this chapter, and further, that his or her
    22  request  for  an exception shall be null and void, provided that written
    23  notice containing such  determination  is  provided  to  the  applicant.
    24  Further, such forms shall provide each applicant an opportunity to spec-
    25  ify  the  grounds  on  which  he  or she believes his or her application
    26  information should not be publicly disclosed. These grounds, which shall
    27  be identified on the application with a box beside each for checking, as
    28  applicable, by the applicant, shall be as follows:
    29    (i) the applicant's life or safety may  be  endangered  by  disclosure
    30  because:
    31    (A)  the applicant is an active or retired police officer, peace offi-
    32  cer, probation officer, parole officer, or corrections officer;
    33    (B) the applicant is a protected person under a currently valid  order
    34  of protection;
    35    (C) the applicant is or was a witness in a criminal proceeding involv-
    36  ing a criminal charge;
    37    (D)  the  applicant  is  participating or previously participated as a
    38  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    39  or
    40    (E) the applicant is a spouse, domestic partner or household member of
    41  a  person  identified  in this subparagraph or subparagraph (ii) of this
    42  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    43  apply.
    44    (ii) the applicant has reason to believe his or her life or safety may
    45  be endangered by disclosure due to reasons stated by the applicant.
    46    (iii)  the applicant has reason to believe he or she may be subject to
    47  unwarranted harassment upon disclosure of such information.
    48    (c) Each form provided for recertification pursuant to  paragraph  (b)
    49  of  subdivision ten of this section shall include an opportunity for the
    50  applicant to request an exception from the information provided on  such
    51  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    52  sion. Such forms shall notify applicants that, upon  discovery  that  an
    53  applicant  knowingly  provided  false information, such applicant may be
    54  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    55  further,  that  his  or  her  request for an exception shall be null and
    56  void, provided that written  notice  containing  such  determination  is

        S. 478                              4

     1  provided to the applicant. Further, such forms shall provide each appli-
     2  cant  an opportunity to either decline to request the grant or continua-
     3  tion of an exception, or specify the grounds on which he or she believes
     4  his  or her information should not be publicly disclosed. These grounds,
     5  which shall be identified in the application with a box beside each  for
     6  checking, as applicable, by the applicant, shall be the same as provided
     7  in paragraph (b) of this subdivision.
     8    (d)  Information  submitted on the forms described in paragraph (b) of
     9  this subdivision shall be excepted from disclosure and maintained by the
    10  entity retaining such information separate  and  apart  from  all  other
    11  records.
    12    (e)  (i)  Upon  receiving a request for exception from disclosure, the
    13  licensing officer shall grant such  exception,  unless  the  request  is
    14  determined to be null and void, pursuant to paragraph (b) or (c) of this
    15  subdivision.
    16    (ii)  A  request  for an exception from disclosure may be submitted at
    17  any time, including after a license or recertification has been granted.
    18    (iii) If an exception is sought and granted pursuant to paragraph  (b)
    19  of  this  subdivision,  the  application information shall not be public
    20  record, unless the request is determined to be  null  and  void.  If  an
    21  exception is sought and granted pursuant to paragraph (c) of this subdi-
    22  vision,  the  information  concerning  such  recertification application
    23  shall not be public record, unless the request is determined to be  null
    24  and void. Notwithstanding the foregoing provisions of this subparagraph,
    25  local  and  state law enforcement shall, upon request, be granted access
    26  to and copies of such application information provided that such  infor-
    27  mation  obtained  by law enforcement pursuant to this subparagraph shall
    28  not be considered a public record of such law enforcement agency.
    29    (f) The information of licensees or applicants for a license shall not
    30  be disclosed to the public during the  first  one  hundred  twenty  days
    31  following  the effective date of the chapter of the laws of two thousand
    32  thirteen, which amended this section. After such period, the information
    33  of those who had applied for or been granted  a  license  prior  to  the
    34  preparation  of  the form for requesting an exception, pursuant to para-
    35  graph (b) of this subdivision, may be released only if such  individuals
    36  did not file a request for such an exception during the first sixty days
    37  following  such  preparation;  provided,  however,  that  no information
    38  contained in an application for licensure or  recertification  shall  be
    39  disclosed  by  an  entity  that  has  not  completed processing any such
    40  requests received during such sixty days.
    41    (g) If a request for an exception is determined to be  null  and  void
    42  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    43  request review of such determination pursuant to  article  seventy-eight
    44  of  the  civil  practice  laws  and rules. Such proceeding must commence
    45  within thirty days after service of the written  notice  containing  the
    46  adverse  determination. Notice of the right to commence such a petition,
    47  and the time period therefor, shall be included in  the  notice  of  the
    48  determination.  Disclosure  following  such a petition shall not be made
    49  prior to the disposition of such review.]
    50    § 5. Section 9.46 of the mental hygiene law, as added by chapter 1  of
    51  the  laws of 2013, subdivision (a) as amended by chapter 208 of the laws
    52  of 2022, is amended to read as follows:
    53  § 9.46 Reports of substantial risk or threat of harm  by  mental  health
    54           professionals.
    55    (a)  For  purposes  of  this  section, the term "mental health profes-
    56  sional" shall include a physician,  psychiatrist,  psychologist,  regis-

        S. 478                              5

     1  tered  nurse,  licensed  clinical  social worker, licensed master social
     2  worker, licensed mental health  counselor,  clinical  nurse  specialist,
     3  certified  nurse  practitioner,  licensed  clinical  marriage and family
     4  therapist, or a licensed professional nurse.
     5    (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
     6  health professional currently providing treatment services to  a  person
     7  determines,  in  the  exercise of reasonable professional judgment, that
     8  such person is likely to engage in conduct that would result in  serious
     9  harm  to  self  or  others,  [he or she] such mental health professional
    10  shall be required to report, as soon as practicable, to the director  of
    11  community services, or the director's designee[, who shall report to the
    12  division of criminal justice services whenever he or she agrees that the
    13  person is likely to engage in such conduct]. Any report made by a mental
    14  health professional to the director of community services, or the direc-
    15  tor's designee shall include current contact information for such person
    16  including,  but  not  limited  to,  the  person's: (1) name, (2) mailing
    17  address, (3) phone number and (4) email address. The director of  commu-
    18  nity services or the director's designee shall report to the division of
    19  criminal  justice  services  upon a finding that the person is likely to
    20  engage in conduct that would result in serious harm to self  or  others.
    21  Information  transmitted  to  the  division of criminal justice services
    22  shall be limited to names and other  non-clinical  identifying  informa-
    23  tion,  which  may  only be used for determining whether a license issued
    24  pursuant to section 400.00 of the  penal  law  should  be  suspended  or
    25  revoked, or for determining whether a person is ineligible for a license
    26  issued  pursuant  to  section  400.00  of the penal law, or is no longer
    27  permitted under state or federal law to possess a firearm.
    28    (c) The director of community  services  or  the  director's  designee
    29  shall  inform such person via written notice when a report regarding the
    30  substantial risk or threat of harm posed by the person is  sent  to  the
    31  division  of  criminal  justice services. Such notice shall include, but
    32  not be limited to:
    33    (1) the person's name;
    34    (2) notice that a report has been sent to  the  division  of  criminal
    35  justice services stating that the named person has been deemed likely to
    36  engage in conduct that would result in serious harm to self or others;
    37    (3)  the  date the report was sent to the division of criminal justice
    38  services;
    39    (4) the person's right to submit a petition for relief from disability
    40  to the national instant criminal background check system (NICS)  appeals
    41  office  of  the  office  of  mental health or NICS appeals office of the
    42  office for people with  developmental  disabilities,  as  set  forth  in
    43  subdivision  (j)  of  section  7.09 of this title and subdivision (g) of
    44  section 13.09 of this chapter and parts five hundred forty-three and six
    45  hundred forty-three of article fourteen of the New York  code  of  rules
    46  and regulations;
    47    (5)  contact  information for the NICS appeals office of the office of
    48  mental hygiene or the NICS appeals office of the office for people  with
    49  developmental disabilities; and
    50    (6)  any  applicable  deadline for submission of a petition for relief
    51  from disability.
    52    (d) Nothing in this section shall be construed  to  require  a  mental
    53  health professional to take any action which, in the exercise of reason-
    54  able  professional  judgment,  would endanger such mental health profes-
    55  sional or increase the danger to a potential victim or victims.

        S. 478                              6

     1    [(d)] (e) The decision of a mental health professional to disclose  or
     2  not  to  disclose  in accordance with this section, when made reasonably
     3  and in good faith, shall not be the basis  for  any  civil  or  criminal
     4  liability of such mental health professional.
     5    §  6.  Paragraph  2  of  subdivision (j) of section 7.09 of the mental
     6  hygiene law, as amended by chapter 1 of the laws of 2013, is amended  to
     7  read as follows:
     8    (2)  The  commissioner  shall  establish  within  the office of mental
     9  health an administrative process to permit a person who has been or  may
    10  be  disqualified  from  possessing  such  a  firearm  pursuant to 18 USC
    11  922(4)(d) or who has been or may be disqualified from continuing to have
    12  a license to carry, possess, repair,  or  dispose  of  a  firearm  under
    13  section  400.00  of  the penal law because such person was involuntarily
    14  committed or civilly confined to a facility under  the  jurisdiction  of
    15  the  commissioner,  or who has been the subject of a report submitted by
    16  the director of community services or the  director's  designee  to  the
    17  division  of criminal justice services stating that the named person has
    18  been deemed likely to engage in conduct that  would  result  in  serious
    19  harm  to self or others pursuant to section 9.46 of this title, to peti-
    20  tion for relief from that disability  where  such  person's  record  and
    21  reputation  are  such  that  such  person will not be likely to act in a
    22  manner dangerous to public safety and where the granting of  the  relief
    23  would  not  be contrary to public safety. The commissioner shall promul-
    24  gate regulations to establish  the  relief  from  disabilities  program,
    25  which  shall  include,  but not be limited to, provisions providing for:
    26  (i) an opportunity for a disqualified person to petition for  relief  in
    27  writing; (ii) the authority for the agency to require that the petition-
    28  er  undergo  a  clinical  evaluation  and  risk  assessment; and (iii) a
    29  requirement that the agency issue a decision in writing  explaining  the
    30  reasons  for  a  denial or grant of relief. The denial of a petition for
    31  relief from disabilities  may  be  reviewed  de  novo  pursuant  to  the
    32  proceedings  under  article  seventy-eight of the civil practice law and
    33  rules.
    34    § 7. Paragraph 2 of subdivision (g) of section  13.09  of  the  mental
    35  hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
    36  read as follows:
    37    (2) The commissioner shall establish within the office for people with
    38  developmental disabilities an administrative process to permit a  person
    39  who  has  been  or  may  be  disqualified from possessing such a firearm
    40  pursuant to 18 USC 922(4)(d), or who has been  or  may  be  disqualified
    41  from  continuing to have a license to carry, possess, repair, or dispose
    42  of a firearm under section 400.00 of the penal law because  such  person
    43  was  involuntarily committed or civilly confined to a facility under the
    44  jurisdiction of the commissioner, or who  has  been  the  subject  of  a
    45  report submitted by the director of community services or the director's
    46  designee  to  the division of criminal justice services stating that the
    47  named person has been deemed likely to  engage  in  conduct  that  would
    48  result  in  serious  harm  to self or others pursuant to section 9.46 of
    49  this chapter, to petition for relief from  that  disability  where  such
    50  person's  record  and  reputation  are such that such person will not be
    51  likely to act in a manner dangerous  to  public  safety  and  where  the
    52  granting  of  the  relief  would  not  be contrary to public safety. The
    53  commissioner shall promulgate regulations to establish the  relief  from
    54  disabilities  program,  which  shall  include,  but  not  be limited to,
    55  provisions providing for: (i) an opportunity for a  disqualified  person
    56  to  petition for relief in writing; (ii) the authority for the agency to

        S. 478                              7

     1  require that the petitioner  undergo  a  clinical  evaluation  and  risk
     2  assessment;  and (iii) a requirement that the agency issue a decision in
     3  writing explaining the reasons for a denial  or  grant  of  relief.  The
     4  denial  of  a  petition  for relief from disabilities may be reviewed de
     5  novo pursuant to the proceedings  under  article  seventy-eight  of  the
     6  civil practice law and rules.
     7    § 8. Paragraph (a) of subdivision 3 and subdivisions 4, 7, 9, 10, 16-a
     8  and  16-b  of section 400.00 of the penal law, paragraph (a) of subdivi-
     9  sion 3 and subdivision 9 as amended by chapter 212 of the laws of  2022,
    10  subdivisions  4  and  10  as amended by chapter 371 of the laws of 2022,
    11  subdivision 7 as separately amended by chapters 212 and 669 of the  laws
    12  of 2022, subdivisions 16-a and 16-b as added by chapter 1 of the laws of
    13  2013  and  paragraph (a-1) of subdivision 16-a as added by chapter 98 of
    14  the laws of 2013, are amended to read as follows:
    15    (a) Applications shall be made and renewed, in the case of  a  license
    16  to  carry  or  possess  a  pistol  or  revolver  or  to purchase or take
    17  possession of a semiautomatic rifle, to the  licensing  officer  in  the
    18  city  or  county,  as  the  case may be, where the applicant resides, is
    19  principally employed or has [his or her] their principal place of  busi-
    20  ness  as  merchant  or  storekeeper;  and,  in  the case of a license as
    21  gunsmith or dealer in firearms, to  the  licensing  officer  where  such
    22  place  of  business  is located. Blank applications shall, except in the
    23  city of New York, be approved as to form by the [superintendent of state
    24  police] division of criminal justice services.    An  application  shall
    25  state  the  full  name,  date of birth, residence, present occupation of
    26  each person or individual signing the same, whether or not [he  or  she]
    27  such  person  is  a  citizen of the United States, whether or not [he or
    28  she] such person complies with each requirement for  eligibility  speci-
    29  fied  in  subdivision one of this section and such other facts as may be
    30  required to show the good character, competency and  integrity  of  each
    31  person  or  individual  signing the application. An application shall be
    32  signed and verified by the applicant. Each individual signing an  appli-
    33  cation  shall submit one photograph of [himself or herself] themself and
    34  a duplicate for each required copy of the application. Such  photographs
    35  shall  have  been  taken within thirty days prior to filing the applica-
    36  tion. In case of a license as gunsmith or dealer in firearms, the photo-
    37  graphs submitted shall be two inches square, and the  application  shall
    38  also  state  the previous occupation of each individual signing the same
    39  and the location of the place of such business, or of the bureau,  agen-
    40  cy,  subagency, office or branch office for which the license is sought,
    41  specifying the name of the city, town or village, indicating the  street
    42  and  number  and  otherwise  giving such apt description as to point out
    43  reasonably the location thereof. In such case, if  the  applicant  is  a
    44  firm, partnership or corporation, its name, date and place of formation,
    45  and  principal place of business shall be stated. For such firm or part-
    46  nership, the application shall be signed and verified by each individual
    47  composing or intending to compose the same, and for such corporation, by
    48  each officer thereof.
    49    4. Investigation. Before a license is issued or renewed,  there  shall
    50  be an investigation of all statements required in the application by the
    51  duly  constituted police authorities of the locality where such applica-
    52  tion is made, including but not limited to such records as may be acces-
    53  sible to the division of [state police or division of] criminal  justice
    54  services  pursuant  to section 400.02 of this article. For that purpose,
    55  the records of the  appropriate  office  of  the  department  of  mental
    56  hygiene  concerning  previous or present mental illness of the applicant

        S. 478                              8

     1  shall be available for inspection by the investigating  officer  of  the
     2  police  authority.  Where the applicant is domiciled in a foreign state,
     3  the investigation shall include inquiry of the foreign state for records
     4  concerning the previous or present mental illness of the applicant, and,
     5  to the extent necessary for inspection by the investigating officer, the
     6  applicant  shall  execute  a waiver of confidentiality of such record in
     7  such form as may be required by the foreign state. In order to ascertain
     8  any previous criminal record, the investigating officer shall  take  the
     9  fingerprints  and  physical  descriptive  data  in quadruplicate of each
    10  individual by whom the application is signed and verified. Two copies of
    11  such fingerprints shall be taken on  standard  fingerprint  cards  eight
    12  inches  square,  and  one  copy may be taken on a card supplied for that
    13  purpose by the federal bureau of investigation; provided, however,  that
    14  in  the  case  of  a  corporate applicant that has already been issued a
    15  dealer in firearms license and seeks to operate a firearm dealership  at
    16  a  second  or subsequent location, the original fingerprints on file may
    17  be used to ascertain any criminal record in  the  second  or  subsequent
    18  application  unless any of the corporate officers have changed since the
    19  prior application, in which case the new corporate officer shall  comply
    20  with  procedures governing an initial application for such license. When
    21  completed, one standard card shall be forwarded to and retained  by  the
    22  division  of  criminal  justice services in the executive department, at
    23  Albany. A search of the files of such division and written  notification
    24  of  the  results  of  the search shall be forwarded to the investigating
    25  officer and shall be made without unnecessary  delay.  Thereafter,  such
    26  division  shall  notify  the licensing officer and the executive depart-
    27  ment, division of [state police] criminal justice services,  Albany,  of
    28  any  criminal  record  of  the applicant filed therein subsequent to the
    29  search of its files. A second standard card, or the one supplied by  the
    30  federal  bureau of investigation, as the case may be, shall be forwarded
    31  to that bureau at Washington with a request that the files of the bureau
    32  be searched and notification of the results of the search be made to the
    33  investigating police authority. Of the remaining two fingerprint  cards,
    34  one  shall  be  filed  with the executive department, division of [state
    35  police] criminal justice services, Albany, within ten days  after  issu-
    36  ance  of the license, and the other shall remain on file with the inves-
    37  tigating police authority. No such fingerprints may be inspected by  any
    38  person  other  than  a  peace officer, who is acting pursuant to [his or
    39  her] their special duties, or a police officer, except  on  order  of  a
    40  judge or justice of a court of record either upon notice to the licensee
    41  or  without  notice,  as the judge or justice may deem appropriate. Upon
    42  completion of the investigation, the police authority shall  report  the
    43  results to the licensing officer without unnecessary delay.
    44    7.  License:  form. Any license issued pursuant to this section shall,
    45  except in the city of New York, be approved as to form  by  the  [super-
    46  intendent  of  state  police]  division  of criminal justice services. A
    47  license to carry or possess a pistol or revolver or to purchase or  take
    48  possession  of  a semiautomatic rifle shall have attached the licensee's
    49  photograph, and a coupon which shall be  removed  and  retained  by  any
    50  person  disposing  of  a  firearm to the licensee. A license to carry or
    51  possess a pistol or revolver shall specify the weapon covered  by  cali-
    52  bre,  make, model, manufacturer's name and serial number, or if none, by
    53  any other distinguishing number or identification mark, and shall  indi-
    54  cate  whether  issued to carry on the person or possess on the premises,
    55  and if on the premises shall also specify the place where  the  licensee
    56  shall possess the same. If such license is issued to a noncitizen, or to

        S. 478                              9

     1  a  person  not  a  citizen  of  and usually a resident in the state, the
     2  licensing officer shall state in the license the particular  reason  for
     3  the issuance and the names of the persons certifying to the good charac-
     4  ter  of  the  applicant.  Any  license as gunsmith or dealer in firearms
     5  shall mention and describe the premises for which it is issued and shall
     6  be valid only for such premises.
     7    9. License: amendment. Elsewhere than in  the  city  of  New  York,  a
     8  person  licensed to carry or possess a pistol or revolver or to purchase
     9  or take possession of a semiautomatic rifle may apply  at  any  time  to
    10  [his or her] their licensing officer for amendment of [his or her] their
    11  license  to  include  one or more such weapons or to cancel weapons held
    12  under license. If granted, a record  of  the  amendment  describing  the
    13  weapons  involved  shall be filed by the licensing officer in the execu-
    14  tive department, division of [state police] criminal  justice  services,
    15  Albany.  The  [superintendent  of  state  police]  division  of criminal
    16  justice services may authorize that  such  amendment  be  completed  and
    17  transmitted to the [state police] division in electronic form. Notifica-
    18  tion of any change of residence shall be made in writing by any licensee
    19  within  ten  days  after such change occurs, and a record of such change
    20  shall be inscribed by such licensee on the reverse side of [his or  her]
    21  their  license. Elsewhere than in the city of New York, and in the coun-
    22  ties of Nassau and Suffolk, such notification shall be made to the exec-
    23  utive department, division of [state police] criminal justice  services,
    24  Albany,  and  in the city of New York to the police commissioner of that
    25  city, and in the county of Nassau to the  police  commissioner  of  that
    26  county,  and  in  the county of Suffolk to the licensing officer of that
    27  county, who shall, within ten days  after  such  notification  shall  be
    28  received  by  [him  or her] such officer, give notice in writing of such
    29  change to the executive department, division of [state police]  criminal
    30  justice services, at Albany.
    31    10.  License:  expiration,  certification and renewal. (a) Any license
    32  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
    33  license  to  carry  or  possess a pistol or revolver, issued at any time
    34  pursuant to this section or prior to the first  day  of  July,  nineteen
    35  hundred  sixty-three  and not limited to expire on an earlier date fixed
    36  in the license, shall, except as otherwise provided in paragraph (d)  of
    37  this  subdivision,  expire  not  more than three years after the date of
    38  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
    39  license  to  carry  or  possess a pistol or revolver, issued at any time
    40  pursuant to this section or prior to the first  day  of  July,  nineteen
    41  hundred  sixty-three  and not limited to expire on an earlier date fixed
    42  in the license, shall expire not more than five years after the date  of
    43  issuance;  however, in the county of Westchester, any such license shall
    44  be certified prior to the first day of April, two thousand,  in  accord-
    45  ance  with  a schedule to be contained in regulations promulgated by the
    46  commissioner of the division of criminal  justice  services,  and  every
    47  such  license  shall,  except  as otherwise provided in paragraph (d) of
    48  this subdivision,  be  recertified  every  five  years  thereafter.  For
    49  purposes  of  this  section  certification  shall mean that the licensee
    50  shall provide to the licensing officer the following  information  only:
    51  current name, date of birth, current address, and the make, model, cali-
    52  ber  and serial number of all firearms currently possessed. Such certif-
    53  ication information shall be filed by the licensing officer in the  same
    54  manner  as  an amendment. Elsewhere than in the city of New York and the
    55  counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
    56  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this

        S. 478                             10

     1  section or prior to the first day of July, nineteen hundred  sixty-three
     2  and  not  previously  revoked or cancelled, shall be in force and effect
     3  until revoked as herein provided. Any license not  previously  cancelled
     4  or  revoked shall remain in full force and effect for thirty days beyond
     5  the stated expiration date on such license. Any application to  renew  a
     6  license that has not previously expired, been revoked or cancelled shall
     7  thereby extend the term of the license until disposition of the applica-
     8  tion  by the licensing officer. In the case of a license for gunsmith or
     9  dealer in firearms, in counties having a population  of  less  than  two
    10  hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
    11  submitted on original applications and upon renewal thereafter at  three
    12  year  intervals. Upon satisfactory proof that a currently valid original
    13  license  has  been  despoiled,  lost  or  otherwise  removed  from   the
    14  possession of the licensee and upon application containing an additional
    15  photograph  of  the licensee, the licensing officer shall issue a dupli-
    16  cate license.
    17    (b) All licensees shall be  recertified  to  the  division  of  [state
    18  police] criminal justice services every five years thereafter, except as
    19  otherwise  provided  in  paragraph  (d) of this subdivision. Any license
    20  issued before the effective date of the chapter of the laws of two thou-
    21  sand thirteen which added this paragraph shall  be  recertified  by  the
    22  licensee  on  or before January thirty-first, two thousand eighteen, and
    23  not less than one year prior to such date, the [state  police]  division
    24  of  criminal justice services shall send a notice to all license holders
    25  who have not recertified by such time. [Such recertification shall be in
    26  a form as approved by the superintendent of state  police,  which  shall
    27  request the license holder's name, date of birth, gender, race, residen-
    28  tial address, social security number, firearms possessed by such license
    29  holder,  email address at the option of the license holder and an affir-
    30  mation that such  license  holder  is  not  prohibited  from  possessing
    31  firearms.] Recertification shall contain the information and shall be in
    32  the form set forth hereinbelow:
    33  RECERTIFICATION
    34  1. Name _______________________________________________________
    35  2. Date of Birth ______________________________________________
    36  3. Gender _____________________________________________
    37  4. Race _______________________________________________
    38  5. Residential Address ________________________________
    39  _______________________________________________________________
    40  _______________________________________________________________
    41  6. Social Security Number _____________________________
    42  7. Email Address (optional) ___________________________
    43  8. List all firearms possessed on license: ____________
    44  _______________________________________________________________
    45  _______________________________________________________________
    46  _______________________________________________________________
    47  _______________________________________________________________
    48  Upon  receipt of the completed recertification form, the licensing offi-
    49  cer will compare the information provided  with  the  information  main-
    50  tained  by  the  licensing officer for such license holder, and promptly
    51  notify the license holder of  any  discrepancies  that  may  exist,  and
    52  provide instruction as to applying for an amendment pursuant to subdivi-
    53  sion  nine of this section. After the resolution of any pending applica-
    54  tions for amendments, the licensing officer shall retain a copy  of  the
    55  recertification  and  a  copy shall be filed by the licensing officer in
    56  the executive department, division of criminal justice services, Albany,

        S. 478                             11

     1  within ten days. The form may be in an electronic form if so  designated
     2  by  the  [superintendent  of  state police] division of criminal justice
     3  services.   Failure to recertify shall  act  as  a  revocation  of  such
     4  license.  If  the  [New  York state police] division shall discover as a
     5  result of the recertification process that a licensee failed to  provide
     6  a  change  of  address, the [New York state police] division of criminal
     7  justice services shall not require the licensing officer to revoke  such
     8  license.
     9    (c)  A license to purchase or take possession of a semiautomatic rifle
    10  as defined in subdivision two of this section shall  be  recertified  to
    11  the applicable licensing officer every five years following the issuance
    12  of  such  license.  Failure to renew such a license shall be a violation
    13  punishable by a fine not to exceed two hundred fifty dollars,  and  such
    14  failure  to  renew  shall  be  considered  by the licensing officer when
    15  reviewing future license applications by the license holder pursuant  to
    16  this chapter.
    17    (d)  Licenses  issued  under  paragraph (f) of subdivision two of this
    18  section shall be recertified or renewed in the same form and  manner  as
    19  otherwise  required  by  this  subdivision,  provided however, that such
    20  licenses shall be recertified or renewed every three years following the
    21  issuance of such license. For licenses issued  prior  to  the  effective
    22  date  of  this paragraph that were issued more than three years prior to
    23  such date, or will expire in less than one year from such date shall  be
    24  recertified or renewed within one year of such date.
    25    16-a.  Registration. (a) An owner of a weapon defined in paragraph (e)
    26  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
    27  possessed  before the date of the effective date of [the] chapter one of
    28  the laws of two thousand thirteen [which  added  this  paragraph],  must
    29  make  an application to register such weapon with the [superintendent of
    30  state police] division of  criminal  justice  services,  in  the  manner
    31  provided  by the [superintendent] division of criminal justice services,
    32  or by amending a license issued pursuant to this section within one year
    33  of the effective date of this  subdivision  except  any  weapon  defined
    34  under  subparagraph  (vi)  of paragraph (g) of subdivision twenty-two of
    35  section 265.00 of this chapter transferred into the state may be  regis-
    36  tered  at  any  time, provided such weapons are registered within thirty
    37  days of their transfer into the state.  Registration  information  shall
    38  include  the registrant's name, date of birth, gender, race, residential
    39  address, social security number and a description of each  weapon  being
    40  registered. A registration of any weapon defined under subparagraph (vi)
    41  of  paragraph (g) of subdivision twenty-two of section 265.00 or a feed-
    42  ing device as defined under subdivision twenty-three of  section  265.00
    43  of this chapter shall be transferable, provided that the seller notifies
    44  the  [state  police] division of criminal justice services within seven-
    45  ty-two hours of the transfer and the buyer provides the  [state  police]
    46  division  of  criminal  justice  services with information sufficient to
    47  constitute a registration under this section.  Such  registration  shall
    48  not be valid if such registrant is prohibited or becomes prohibited from
    49  possessing  a firearm pursuant to state or federal law. The [superinten-
    50  dent] division of criminal justice services shall determine whether such
    51  registrant is prohibited from possessing a firearm under state or feder-
    52  al law. Such check shall be limited to determining whether  the  factors
    53  in  18 USC 922 (g) apply or whether a registrant has been convicted of a
    54  serious offense as  defined  in  subdivision  [sixteen-b]  seventeen  of
    55  section  265.00  of this chapter, so as to prohibit such registrant from
    56  possessing a firearm, and whether a report has been issued  pursuant  to

        S. 478                             12

     1  section  9.46 of the mental hygiene law. All registrants shall recertify
     2  to the division of [state police] criminal justice services  every  five
     3  years  thereafter.  Failure to recertify shall result in a revocation of
     4  such registration.
     5    (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
     6  this subdivision, an owner of an assault weapon as defined  in  subdivi-
     7  sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
     8  retired New York or federal law enforcement officer as defined in subdi-
     9  vision twenty-five of section 265.00 of this chapter, where such  weapon
    10  was  issued  to  or purchased by such officer prior to retirement and in
    11  the course of [his or her] their official duties,  and  for  which  such
    12  officer  was  qualified  by the agency that employed such officer within
    13  twelve months prior to [his or her] their retirement, must register such
    14  weapon within sixty days of retirement.
    15    (b) The [superintendent of state police] division of criminal  justice
    16  services  shall  create  and maintain an internet website to educate the
    17  public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
    18  tomatic pistol or weapon that are illegal as a result of  the  enactment
    19  of  [the]  chapter one of the laws of two thousand thirteen [which added
    20  this paragraph], as well as  such  assault  weapons  which  are  illegal
    21  pursuant to article two hundred sixty-five of this chapter. Such website
    22  shall  contain information to assist the public in recognizing the rele-
    23  vant features proscribed by such article two hundred sixty-five, as well
    24  as which make and model of weapons that require registration.
    25    (c) A person who knowingly fails to apply to register such weapon,  as
    26  required by this section, within one year of the effective date of [the]
    27  chapter one of the laws of two thousand thirteen [which added this para-
    28  graph]  shall  be  guilty  of  a class A misdemeanor and such person who
    29  unknowingly fails to validly register such weapon within such  one  year
    30  period  shall  be  given  a  warning  by  an appropriate law enforcement
    31  authority about such failure and given thirty days in which to apply  to
    32  register such weapon or to surrender it. A failure to apply or surrender
    33  such  weapon  within  such thirty-day period shall result in such weapon
    34  being removed by an appropriate law enforcement authority and declared a
    35  nuisance.
    36    16-b. The cost of the software, programming and interface required  to
    37  transmit any record that must be electronically transmitted by the deal-
    38  er  or  licensing  officer  to  the  division of [state police] criminal
    39  justice services, and any cost borne by the licensing officer to  admin-
    40  ister  or maintain records related to the recertification process by the
    41  licensing officer, both pursuant to this chapter shall be borne  by  the
    42  state.
    43    § 9. Section 400.02 of the penal law, as amended by chapter 371 of the
    44  laws of 2022, is amended to read as follows:
    45  § 400.02 Statewide license and record database.
    46    1.  There shall be a statewide license and record database which shall
    47  be created and maintained by the division  of  [state  police]  criminal
    48  justice  services  the  cost  of which shall not be borne by any munici-
    49  pality. Records assembled or collected for purposes of inclusion in such
    50  database shall not be subject to disclosure pursuant to article  six  of
    51  the public officers law. All records containing granted license applica-
    52  tions  from  all  licensing  authorities shall be monthly checked by the
    53  division of criminal justice services [in conjunction with the  division
    54  of  state  police]  against  criminal  conviction,  criminal indictment,
    55  mental health, extreme risk protection orders, orders of protection, and
    56  all other records as are necessary to determine their continued accuracy

        S. 478                             13

     1  as well as whether an individual is no longer a  valid  license  holder.
     2  The  division  of  criminal  justice  services  shall also check pending
     3  applications made pursuant to  this  article  against  such  records  to
     4  determine whether a license may be granted. All state and local agencies
     5  shall  cooperate  with  the  division  of  criminal justice services, as
     6  otherwise authorized by law, in making their records available for  such
     7  checks. The division of criminal justice services, upon determining that
     8  an  individual  is  ineligible  to  possess a license, or is no longer a
     9  valid license holder, shall notify the applicable licensing official  of
    10  such determination and such licensing official shall not issue a license
    11  or  shall revoke such license and any weapons owned or possessed by such
    12  individual shall be removed consistent with the provisions  of  subdivi-
    13  sion  eleven  of  section  400.00  of  this article. Local and state law
    14  enforcement shall have access to such database  in  the  performance  of
    15  their  duties.  Records assembled or collected for purposes of inclusion
    16  in the database established by this section shall be  released  pursuant
    17  to a court order.
    18    2. There shall be a statewide license and record database specific for
    19  ammunition  sales  which shall be created and maintained by the division
    20  of [state police] criminal justice services the cost of which shall  not
    21  be  borne by any municipality no later than thirty days upon designating
    22  the division of state police as the point of  contact  to  perform  both
    23  firearm  and  ammunition  background checks under federal and state law.
    24  Records assembled or collected for purposes of inclusion in  such  data-
    25  base  shall  not be subject to disclosure pursuant to article six of the
    26  public officers law. All records containing granted license applications
    27  from all licensing authorities shall be monthly checked by the  division
    28  of  criminal justice services [in conjunction with the division of state
    29  police]  against  criminal  conviction,  criminal  indictments,   mental
    30  health,  extreme  risk  protection orders, orders of protection, and all
    31  other records as are necessary to determine their continued accuracy  as
    32  well  as  whether an individual is no longer a valid license holder. The
    33  division of criminal justice services shall also check pending  applica-
    34  tions  made  pursuant  to this article against such records to determine
    35  whether a license may be granted. All state  and  local  agencies  shall
    36  cooperate  with  the division of criminal justice services, as otherwise
    37  authorized by law, in making their records available for such checks. No
    38  later than thirty days after the [superintendent of  the  state  police]
    39  division certifies that the statewide license and record database estab-
    40  lished  pursuant  to  this  section and the statewide license and record
    41  database established  for  ammunition  sales  are  operational  for  the
    42  purposes  of  this  section,  a  dealer in firearms licensed pursuant to
    43  section 400.00 of this article, a seller of  ammunition  as  defined  in
    44  subdivision  twenty-four  of  section  265.00  of this chapter shall not
    45  transfer any ammunition to any other person  who  is  not  a  dealer  in
    46  firearms  as  defined  in  subdivision  nine of such section 265.00 or a
    47  seller of ammunition as defined in subdivision  twenty-four  of  section
    48  265.00 of this chapter, unless:
    49    (a)  before  the  completion  of  the transfer, the licensee or seller
    50  contacts the statewide license and  record  database  and  provides  the
    51  database  with  information sufficient to identify such dealer or seller
    52  transferee based on information on the transferee's identification docu-
    53  ment as defined in paragraph (c) of this subdivision,  as  well  as  the
    54  amount,  caliber, manufacturer's name and serial number, if any, of such
    55  ammunition;

        S. 478                             14

     1    (b) the licensee or seller is provided with  a  unique  identification
     2  number; and
     3    (c)  the  transferor  has  verified  the identity of the transferee by
     4  examining a valid state identification document of the transferee issued
     5  by the department of motor vehicles or if the transferee is not a  resi-
     6  dent of the state of New York, a valid identification document issued by
     7  the  transferee's  state or country of residence containing a photograph
     8  of the transferee.
     9    § 10. This act shall take effect immediately; provided that:
    10    1. section four of this act shall take effect on the first of November
    11  next succeeding the date on which it shall have become a law; and
    12    2. sections five, six and seven of this act shall take effect  on  the
    13  ninetieth day after it shall have become a law.