S 478: Relates to firearms; authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; relates to reports of substantial risk or threat of harm by mental health professionals.

  
  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 Section 400.03 of the penal law is REPEALED. 2 § 2.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.