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NY SAFE Act of 2013 : Complete

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There have been a number of people saying they have only seen abreviated versions of this. Here is the complete version. Its a big motherfucker though, and will take multiple posts for me to do. Anyones posts will be either moved, or removed from this thread when I am done to preserve the easy reading of lawyerese.



STATUS:

S 2230 KLEIN Same as Uni. A 2388 Silver (MS)

Governor Program # 1

ON FILE: 01/14/13 Criminal Procedure Law

TITLE....Enacts the NY SAFE Act of 2013

01/14/13

REFERRED TO RULES

01/14/13

ORDERED TO THIRD READING CAL.1

01/14/13

MESSAGE OF NECESSITY

01/14/13

PASSED SENATE

01/14/13

DELIVERED TO ASSEMBLY

01/14/13

referred to codes

A2388 Silver (MS) Same as Uni. S 2230 KLEIN

Governor Program # 1

Criminal Procedure Law

TITLE....Licensure, suspension and revocation of firearms licenses

01/14/13

referred to codes

01/15/13

reported referred to ways and means

01/15/13

reported referred to rules

01/15/13

reported

01/15/13

rules report cal.3

 

SUMMARY:

KLEIN, SMITH
Amd SS330.20 & 530.14, add S380.96, CP L; amd S404, Cor L; amd SS842-a & 846-a, add SS446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd SS240 & 252, Dom Rel L; amd S837, Exec L; amd S212, Judy L; add Art 39-DDD S898, Gen Bus L; md SS7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add S9.46, Ment Hyg L; amd Pen L, generally, add S2509, SCPA; add S2801-b, amd S3602, Ed L; amd S18, Chap 408 of 1999
Enacts the NY Secure Firearms and Ammunition Enforcement (SAFE) Act of 2013.
CRIMINAL SANCTION IMPACT.
Governor's Program

BILL TEXT:

 

STATE OF NEW YORK

________________________________________________________________________

 

S. 2230 A. 2388

 

2013-2014 Regular Sessions

 

SENATE - ASSEMBLY

 

January 14, 2013

___________

 

IN SENATE -- Introduced by Sens. KLEIN, SMITH -- (at request of the

Governor) -- read twice and ordered printed, and when printed to be

committed to the Committee on Rules

 

IN ASSEMBLY -- Introduced by M. of A. SILVER, LENTOL, ORTIZ, MORELLE,

FARRELL, WEINSTEIN, CAMARA, HOOPER, O'DONNELL, TITONE, PAULIN, MOYA,

GLICK, WRIGHT, SCHIMEL, GOTTFRIED, ROSENTHAL, KAVANAGH, STECK, WEPRIN

-- Multi-Sponsored by -- M. of A. ABINANTI, BOYLAND, BRENNAN,

BROOK-KRASNY, BUCHWALD, CASTRO, COLTON, DINOWITZ, ENGLEBRIGHT, ESPI-

NAL, FAHY, JACOBS, JAFFEE, KELLNER, KIM, LAVINE, LIFTON, MARKEY,

MAYER, MILLMAN, MOSLEY, OTIS, ROSA, ROZIC -- (at request of the Gover-

nor) -- read once and referred to the Committee on Codes

 

AN ACT to amend the criminal procedure law, the correction law, the

family court act, the executive law, the general business law, the

judiciary law, the mental hygiene law, the penal law and the surro-

gate's court procedure act, in relation to suspension and revocation

of firearms licenses; private sale or disposal of firearms, rifles or

shotguns and establishing a minimum age to possess a firearm; to amend

the family court act, the domestic relations law and the criminal

procedure law, in relation to providing for the mandatory suspension

or revocation of the firearms license of a person against whom an

order of protection or a temporary order of protection has been issued

under certain circumstances, or upon violation of any such order; to

amend the penal law, in relation to community guns and the criminal

sale of a firearm and in relation to the definitions of aggravated and

first degree murder; to amend chapter 408 of the laws of 1999 consti-

tuting Kendra's Law, in relation to extending the expiration thereof;

and to amend the education law, in relation to the New York state

school safety improvement teams; and in relation to building aid for

metal detectors and safety devices

 

The People of the State of New York, represented in Senate and Assem-

bly, do enact as follows:

 

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD12007-03-3

S. 2230 2 A. 2388

 

1 Section 1. Section 330.20 of the criminal procedure law is amended by

2 adding a new subdivision 2-a to read as follows:

3 2-a. Firearm, rifle or shotgun surrender order. Upon entry of a

4 verdict of not responsible by reason of mental disease or defect, or

5 upon the acceptance of a plea of not responsible by reason of mental

6 disease or defect, or upon a finding that the defendant is an incapaci-

7 tated person pursuant to article seven hundred thirty of this chapter,

8 the court shall revoke the defendant's firearm license, if any, inquire

9 of the defendant as to the existence and location of any firearm, rifle

10 or shotgun owned or possessed by such defendant and direct the surrender

11 of such firearm, rifle or shotgun pursuant to subparagraph (f) of para-

12 graph one of subdivision a of section 265.20 and subdivision six of

13 section 400.05 of the penal law.

14 § 2. The criminal procedure law is amended by adding a new section

15 380.96 to read as follows:

16 § 380.96 Obligation of sentencing court pursuant to article four hundred

17 of the penal law.

18 Upon judgment of conviction of any offense which would require the

19 seizure of firearms, shotguns or rifles from an individual so convicted,

20 and the revocation of any license or registration issued pursuant to

21 article four hundred of the penal law, the judge pronouncing sentence

22 shall demand surrender of any such license or registration and all

23 firearms, shotguns and rifles. The failure to so demand surrender shall

24 not effect the validity of any revocation pursuant to article four

25 hundred of the penal law.

26 § 3. Section 404 of the correction law is amended by adding a new

27 subdivision 3 to read as follows:

28 3. Within a reasonable period prior to discharge of an inmate commit-

29 ted from a state correctional facility from a hospital in the department

30 of mental hygiene to the community, the director shall ensure that a

31 clinical assessment has been completed to determine whether the inmate

32 meets the criteria for assisted outpatient treatment pursuant to subdi-

33 vision © of section 9.60 of the mental hygiene law. If, as a result

34 of such assessment, the director determines that the inmate meets such

35 criteria, prior to discharge the director of the hospital shall either

36 petition for a court order pursuant to section 9.60 of the mental

37 hygiene law, or report in writing to the director of community services

38 of the local governmental unit in which the inmate is expected to reside

39 so that an investigation may be conducted pursuant to section 9.47 of

40 the mental hygiene law.

41 § 4. Subdivisions 1, 2 and 3 of section 842-a of the family court act,

42 as added by chapter 644 of the laws of 1996, paragraph (a) of subdivi-

43 sion 1 as amended by chapter 434 of the laws of 2000, the opening para-

44 graph of subdivision 3 as amended by chapter 597 of the laws of 1998,

45 paragraph (a) of subdivision 3 as amended by chapter 635 of the laws of

46 1999, are amended to read as follows:

47 1. [Mandatory and permissive suspension] Suspension of firearms

48 license and ineligibility for such a license upon the issuance of a

49 temporary order of protection. Whenever a temporary order of protection

50 is issued pursuant to section eight hundred twenty-eight of this

51 article, or pursuant to article four, five, six, seven or ten of this

52 act:

53 (a) the court shall suspend any such existing license possessed by the

54 respondent, order the respondent ineligible for such a license, and

55 order the immediate surrender pursuant to subparagraph (f) of paragraph

56 one of subdivision a of section 265.20 and subdivision six of section

S. 2230



1 400.05 of the penal law, of any or all firearms owned or possessed where

2 the court receives information that gives the court good cause to

3 believe that: (i) the respondent has a prior conviction of any violent

4 felony offense as defined in section 70.02 of the penal law; (ii) the

5 respondent has previously been found to have willfully failed to obey a

6 prior order of protection and such willful failure involved (A) the

7 infliction of [serious] physical injury, as defined in subdivision [ten]

8 nine of section 10.00 of the penal law, (B) the use or threatened use of

9 a deadly weapon or dangerous instrument as those terms are defined in

10 subdivisions twelve and thirteen of section 10.00 of the penal law, or

11 © behavior constituting any violent felony offense as defined in

12 section 70.02 of the penal law; or (iii) the respondent has a prior

13 conviction for stalking in the first degree as defined in section 120.60

14 of the penal law, stalking in the second degree as defined in section

15 120.55 of the penal law, stalking in the third degree as defined in

16 section 120.50 of the penal law or stalking in the fourth degree as

17 defined in section 120.45 of such law; and

18 (B) the court [may] shall where the court finds a substantial risk

19 that the respondent may use or threaten to use a firearm unlawfully

20 against the person or persons for whose protection the temporary order

21 of protection is issued, suspend any such existing license possessed by

22 the respondent, order the respondent ineligible for such a license, and

23 order the immediate surrender pursuant to subparagraph (f) of paragraph

24 one of subdivision a of section 265.20 and subdivision six of section

25 400.05 of the penal law, of any or all firearms owned or possessed.

26 2. [Mandatory and permissive revocation] Revocation or suspension of

27 firearms license and ineligibility for such a license upon the issuance

28 of an order of protection. Whenever an order of protection is issued

29 pursuant to section eight hundred forty-one of this part, or pursuant to

30 article four, five, six, seven or ten of this act:

31 (a) the court shall revoke any such existing license possessed by the

32 respondent, order the respondent ineligible for such a license, and

33 order the immediate surrender pursuant to subparagraph (f) of paragraph

34 one of subdivision a of section 265.20 and subdivision six of section

35 400.05 of the penal law, of any or all firearms owned or possessed where

36 the court finds that the conduct which resulted in the issuance of the

37 order of protection involved (i) the infliction of [serious] physical

38 injury, as defined in subdivision [ten] nine of section 10.00 of the

39 penal law, (ii) the use or threatened use of a deadly weapon or danger-

40 ous instrument as those terms are defined in subdivisions twelve and

41 thirteen of section 10.00 of the penal law, or (iii) behavior constitut-

42 ing any violent felony offense as defined in section 70.02 of the penal

43 law; and

44 (B) the court [may] shall, where the court finds a substantial risk

45 that the respondent may use or threaten to use a firearm unlawfully

46 against the person or persons for whose protection the order of

47 protection is issued, (i) revoke any such existing license possessed by

48 the respondent, order the respondent ineligible for such a license and

49 order the immediate surrender pursuant to subparagraph (f) of paragraph

50 one of subdivision a of section 265.20 and subdivision six of section

51 400.05 of the penal law, of any or all firearms owned or possessed or

52 (ii) suspend or continue to suspend any such existing license possessed

53 by the respondent, order the respondent ineligible for such a license,

54 and order the immediate surrender pursuant to subparagraph (f) of para-

55 graph one of subdivision a of section 265.20 and subdivision six of

S. 2230 4 A. 2388

 

1 section 400.05 of the penal law, of any or all firearms owned or

2 possessed.

3 3. [Mandatory and permissive revocation] Revocation or suspension of

4 firearms license and ineligibility for such a license upon a finding of

5 a willful failure to obey an order of protection or temporary order of

6 protection. Whenever a respondent has been found, pursuant to section

7 eight hundred forty-six-a of this part to have willfully failed to obey

8 an order of protection or temporary order of protection issued pursuant

9 to this act or the domestic relations law, or by this court or [an order

10 of protection issued] by a court of competent jurisdiction in another

11 state, territorial or tribal jurisdiction, in addition to any other

12 remedies available pursuant to section eight hundred forty-six-a of this

13 part:

14 (a) the court shall revoke any such existing license possessed by the

15 respondent, order the respondent ineligible for such a license, and

16 order the immediate surrender pursuant to subparagraph (f) of paragraph

17 one of subdivision a of section 265.20 and subdivision six of section

18 400.05 of the penal law, of any or all firearms owned or possessed where

19 the willful failure to obey such order involves (i) the infliction of

20 [serious] physical injury, as defined in subdivision [ten] nine of

21 section 10.00 of the penal law, (ii) the use or threatened use of a

22 deadly weapon or dangerous instrument as those terms are defined in

23 subdivisions twelve and thirteen of section 10.00 of the penal law, or

24 (iii) behavior constituting any violent felony offense as defined in

25 section 70.02 of the penal law; or (iv) behavior constituting stalking

26 in the first degree as defined in section 120.60 of the penal law,

27 stalking in the second degree as defined in section 120.55 of the penal

28 law, stalking in the third degree as defined in section 120.50 of the

29 penal law or stalking in the fourth degree as defined in section 120.45

30 of such law; and

31 (B) the court [may] shall where the court finds a substantial risk

32 that the respondent may use or threaten to use a firearm unlawfully

33 against the person or persons for whose protection the order of

34 protection was issued, (i) revoke any such existing license possessed by

35 the respondent, order the respondent ineligible for such a license,

36 whether or not the respondent possesses such a license, and order the

37 immediate surrender pursuant to subparagraph (f) of paragraph one of

38 subdivision a of section 265.20 and subdivision six of section 400.05 of

39 the penal law, of any or all firearms owned or possessed or (ii) suspend

40 any such existing license possessed by the respondent, order the

41 respondent ineligible for such a license, and order the immediate

42 surrender of any or all firearms owned or possessed.

43 § 5. Section 846-a of the family court act, as amended by chapter 597

44 of the laws of 1998, is amended to read as follows:

45 § 846-a. Powers on failure to obey order. If a respondent is brought

46 before the court for failure to obey any lawful order issued under this

47 article or an order of protection or temporary order of protection

48 issued pursuant to this act or issued by a court of competent jurisdic-

49 tion of another state, territorial or tribal jurisdiction [in a proceed-

50 ing] and if, after hearing, the court is satisfied by competent proof

51 that the respondent has willfully failed to obey any such order, the

52 court may modify an existing order or temporary order of protection to

53 add reasonable conditions of behavior to the existing order [of

54 protection], make a new order of protection in accordance with section

55 eight hundred forty-two of this part, may order the forfeiture of bail

56 in a manner consistent with article five hundred forty of the criminal

S. 2230



1 procedure law if bail has been ordered pursuant to this act, may order

2 the respondent to pay the petitioner's reasonable and necessary counsel

3 fees in connection with the violation petition where the court finds

4 that the violation of its order was willful, and may commit the respond-

5 ent to jail for a term not to exceed six months. Such commitment may be

6 served upon certain specified days or parts of days as the court may

7 direct, and the court may, at any time within the term of such sentence,

8 revoke such suspension and commit the respondent for the remainder of

9 the original sentence, or suspend the remainder of such sentence. If the

10 court determines that the willful failure to obey such order involves

11 violent behavior constituting the crimes of menacing, reckless endanger-

12 ment, assault or attempted assault and if such a respondent is licensed

13 to carry, possess, repair and dispose of firearms pursuant to section

14 400.00 of the penal law, the court may also immediately revoke such

15 license and may arrange for the immediate surrender pursuant to subpara-

16 graph (f) of paragraph one of subdivision a of section 265.20 and subdi-

17 vision six of section 400.05 of the penal law, and disposal of any

18 firearm such respondent owns or possesses. If the willful failure to

19 obey such order involves the infliction of [serious] physical injury as

20 defined in subdivision [ten] nine of section 10.00 of the penal law or

21 the use or threatened use of a deadly weapon or dangerous instrument, as

22 those terms are defined in subdivisions twelve and thirteen of section

23 10.00 of the penal law, such revocation and immediate surrender pursuant

24 to subparagraph (f) of paragraph one of subdivision a of section 265.20

25 and subdivision six of section 400.05 of the penal law six and disposal

26 of any firearm owned or possessed by respondent shall be mandatory,

27 pursuant to subdivision eleven of section 400.00 of the penal law.

28 § 6. The family court act is amended by adding a new section 446-a to

29 read as follows:

30 § 446-a. Firearms; surrender and license suspension, revocation and

31 ineligibility. Upon the issuance of an order of protection or temporary

32 order of protection, or upon a violation of such order, the court shall

33 make a determination regarding the suspension and revocation of a

34 license to carry, possess, repair or dispose of a firearm or firearms,

35 ineligibility for such a license and the surrender of firearms in

36 accordance with section eight hundred forty-two-a of this act.

37 § 7. The family court act is amended by adding a new section 552 to

38 read as follows:

39 § 552. Firearms; surrender and license suspension, revocation and

40 ineligibility. Upon the issuance of an order of protection or temporary

41 order of protection, or upon a violation of such order, the court shall

42 make a determination regarding the suspension and revocation of a

43 license to carry, possess, repair or dispose of a firearm or firearms,

44 ineligibility for such a license and the surrender of firearms in

45 accordance with section eight hundred forty-two-a of this act.

46 § 8. The family court act is amended by adding a new section 656-a to

47 read as follows:

48 § 656-a. Firearms; surrender and license suspension, revocation and

49 ineligibility. Upon the issuance of an order of protection or temporary

50 order of protection, or upon a violation of such order, the court shall

51 make a determination regarding the suspension and revocation of a

52 license to carry, possess, repair or dispose of a firearm or firearms,

53 ineligibility for such a license and the surrender of firearms in

54 accordance with section eight hundred forty-two-a of this act.

55 § 9. The family court act is amended by adding a new section 780-a to

56 read as follows:

S. 2230 6 A. 2388

 

1 § 780-a. Firearms; surrender and license suspension, revocation and

2 ineligibility. Upon the issuance of an order of protection or temporary

3 order of protection, or upon a violation of such order, the court shall

4 make a determination regarding the suspension and revocation of a

5 license to carry, possess, repair or dispose of a firearm or firearms,

6 ineligibility for such a license and the surrender of firearms in

7 accordance with section eight hundred forty-two-a of this act.

8 § 10. The family court act is amended by adding a new section 1056-a

9 to read as follows:

10 § 1056-a. Firearms; surrender and license suspension, revocation and

11 ineligibility. Upon the issuance of an order of protection or temporary

12 order of protection, or upon a violation of such order, the court shall

13 make an order in accordance with section eight hundred forty-two-a of

14 this act.

15 § 11. The first undesignated and closing paragraphs of subdivision 3

16 of section 240 of the domestic relations law, as added by chapter 606 of

17 the laws of 1999, are amended to read as follows:

18 g. Any party moving for a temporary order of protection pursuant to

19 this subdivision during hours when the court is open shall be entitled

20 to file such motion or pleading containing such prayer for emergency

21 relief on the same day that such person first appears at such court, and

22 a hearing on the motion or portion of the pleading requesting such emer-

23 gency relief shall be held on the same day or the next day that the

24 court is in session following the filing of such motion or pleading.

25 h. Upon issuance of an order of protection or temporary order of

26 protection or upon a violation of such order, the court [may] shall make

27 [an order] a determination regarding the suspension and revocation of a

28 license to carry, possess, repair or dispose of a firearm or firearms,

29 ineligibility for such a license and the surrender of firearms in

30 accordance with [section] sections eight hundred forty-two-a and eight

31 hundred forty-six-a of the family court act [directing the surrender of

32 firearms, revoking or suspending a party's firearms license, and/or

33 directing that such party be ineligible to receive a firearms license],

34 as applicable. Upon issuance of an order of protection pursuant to this

35 section or upon a finding of a violation thereof, the court also may

36 direct payment of restitution in an amount not to exceed ten thousand

37 dollars in accordance with subdivision (e) of section eight hundred

38 forty-one of such act; provided, however, that in no case shall an order

39 of restitution be issued where the court determines that the party

40 against whom the order would be issued has already compensated the

41 injured party or where such compensation is incorporated in a final

42 judgment or settlement of the action.

43 § 12. Subdivision 9 of section 252 of the domestic relations law, as

44 added by chapter 606 of the laws of 1999, is amended to read as follows:

45 9. Upon issuance of an order of protection or temporary order of

46 protection or upon a violation of such order, the court [may take an

47 order] shall make a determination regarding the suspension and revoca-

48 tion of a license to carry, possess, repair or dispose of a firearm or

49 firearms, ineligibility for such a license and the surrender of firearms

50 in accordance with [section] sections eight hundred forty-two-a and

51 eight hundred forty-six-a of the family court act [directing the surren-

52 der of firearms, revoking or suspending a party's firearms license,

53 and/or directing that such party be ineligible to receive a firearms

54 license], as applicable. Upon issuance of an order of protection pursu-

55 ant to this section or upon a finding of a violation thereof, the court

56 also may direct payment of restitution in an amount not to exceed ten

S. 2230



1 thousand dollars in accordance with subdivision (e) of section eight

2 hundred forty-one of such act; provided, however, that in no case shall

3 an order of restitution be issued where the court determines that the

4 party against whom the order would be issued has already compensated the

5 injured party or where such compensation is incorporated in a final

6 [judgement] judgment or settlement of the action.

7 § 13. The opening paragraph and paragraph (B) of subdivision 1 of

8 section 530.14 of the criminal procedure law, as added by chapter 644 of

9 the laws of 1996, are amended to read as follows:

10 [Mandatory and permissive suspension] Suspension of firearms license

11 and ineligibility for such a license upon issuance of temporary order of

12 protection. Whenever a temporary order of protection is issued pursuant

13 to subdivision one of section 530.12 or subdivision one of section

14 530.13 of this article:

15 (B) the court [may] shall where the court finds a substantial risk

16 that the defendant may use or threaten to use a firearm unlawfully

17 against the person or persons for whose protection the temporary order

18 of protection is issued, suspend any such existing license possessed by

19 the defendant, order the defendant ineligible for such a license and

20 order the immediate surrender pursuant to subparagraph (f) of paragraph

21 one of subdivision a of section 265.20 and subdivision six of section

22 400.05 of the penal law, of any or all firearms owned or possessed.

23 § 14. The opening paragraph and paragraph (B) of subdivision 2 of

24 section 530.14 of the criminal procedure law, as added by chapter 644 of

25 the laws of 1996, are amended to read as follows:

26 [Mandatory and permissive revocation] Revocation or suspension of

27 firearms license and ineligibility for such a license upon issuance of

28 an order of protection. Whenever an order of protection is issued pursu-

29 ant to subdivision five of section 530.12 or subdivision four of section

30 530.13 of this article:

31 (B) the court [may] shall where the court finds a substantial risk

32 that the defendant may use or threaten to use a firearm unlawfully

33 against the person or persons for whose protection the order of

34 protection is issued, (i) revoke any such existing license possessed by

35 the defendant, order the defendant ineligible for such a license and

36 order the immediate surrender of any or all firearms owned or possessed

37 or (ii) suspend or continue to suspend any such existing license

38 possessed by the defendant, order the defendant ineligible for such a

39 license and order the immediate surrender pursuant to subparagraph (f)

40 of paragraph one of subdivision a of section 265.20 and subdivision six

41 of section 400.05 of the penal law, of any or all firearms owned or

42 possessed.

43 § 15. The opening paragraph and paragraph (B) of subdivision 3 of

44 section 530.14 of the criminal procedure law, the opening paragraph as

45 amended by chapter 597 of the laws of 1998 and paragraph (B) as added by

46 chapter 644 of the laws of 1996, are amended to read as follows:

47 [Mandatory and permissive revocation] Revocation or suspension of

48 firearms license and ineligibility for such a license upon a finding of

49 a willful failure to obey an order of protection. Whenever a defendant

50 has been found pursuant to subdivision eleven of section 530.12 or

51 subdivision eight of section 530.13 of this article to have willfully

52 failed to obey an order of protection issued by a court of competent

53 jurisdiction in this state or another state, territorial or tribal

54 jurisdiction, in addition to any other remedies available pursuant to

55 subdivision eleven of section 530.12 or subdivision eight of section

56 530.13 of this article:

S. 2230 8 A. 2388

 

1 (B) the court [may] shall where the court finds a substantial risk

2 that the defendant may use or threaten to use a firearm unlawfully

3 against the person or persons for whose protection the order of

4 protection was issued, (i) revoke any such existing license possessed by

5 the defendant, order the defendant ineligible for such a license and

6 order the immediate surrender pursuant to subparagraph (f) of paragraph

7 one of subdivision a of section 265.20 and subdivision six of section

8 400.05 of the penal law, of any or all firearms owned or possessed or

9 (ii) suspend any such existing license possessed by the defendant, order

10 the defendant ineligible for such a license and order the immediate

11 surrender pursuant to subparagraph (f) of paragraph one of subdivision a

12 of section 265.20 and subdivision six of section 400.05 of the penal

13 law, of any or all firearms owned or possessed.

14 § 16. Section 837 of the executive law is amended by adding a new

15 subdivision 19 to read as follows:

16 19. Receive names and other non-clinical identifying information

17 pursuant to section 9.46 of the mental hygiene law; provided, however,

18 any such information shall be destroyed five years after such receipt,

19 or pursuant to a proceeding brought under article seventy-eight of the

20 civil practice law and rules determining that an individual is eligible

21 for a license pursuant to section 400.00 of the penal law and otherwise

22 permitted to possess a firearm.

23 § 17. The general business law is amended by adding a new article

24 39-DDD to read as follows:

25 ARTICLE 39-DDD

26 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS

27 Section 898. Private sale or disposal of firearms, rifles and shotguns.

28 § 898. Private sale or disposal of firearms, rifles and shotguns. 1.

29 In addition to any other requirements pursuant to state and federal law,

30 all sales, exchanges or disposals of firearms, rifles or shotguns shall

31 be conducted in accordance with this section unless such sale, exchange

32 or disposal is conducted by a licensed importer, licensed manufacturer

33 or licensed dealer, as those terms are defined in 18 USC § 922, when

34 such sale, exchange or disposal is conducted pursuant to that person's

35 federal firearms license or such sale, exchange or disposal is between

36 members of an immediate family. For purposes of this section, "immediate

37 family" shall mean spouses, domestic partners, children and step-chil-

38 dren.

39 2. Before any sale, exchange or disposal pursuant to this article, a

40 national instant criminal background check must be completed by a dealer

41 who consents to conduct such check, and upon completion of such back-

42 ground check, shall complete a document, the form of which shall be

43 approved by the superintendent of state police, that identifies and

44 confirms that such check was performed.

45 3. All dealers shall maintain a record of such transactions conducted

46 pursuant to this section and such record shall be maintained on the

47 premises mentioned and described in the license and shall be open at all

48 reasonable hours for inspection by any peace officer, acting pursuant to

49 his or her special duties, or police officer.

50 4. A dealer may require that any sale or transfer conducted pursuant

51 to this section be subject to a fee of not to exceed ten dollars per

52 transaction.

53 5. Any record produced pursuant to this section and any transmission

54 thereof to any government agency shall not be considered a public record

55 for purposes of article six of the public officers law.

S. 2230



1 6. Any person who knowingly violates the provisions of this article

2 shall be guilty of a class A misdemeanor punishable as provided for in

3 the penal law.

4 § 18. Paragraph (q) of subdivision 2 of section 212 of the judiciary

5 law, as added by chapter 491 of the laws of 2008, is amended to read as

6 follows:

7 (q) Adopt rules to require transmission, to the criminal justice

8 information services division of the federal bureau of investigation or

9 to the division of criminal justice services, of the name and other

10 identifying information of each person who has a guardian appointed for

11 him or her pursuant to any provision of state law, based on a determi-

12 nation that as a result of marked subnormal intelligence, mental

13 illness, incapacity, condition or disease, he or she lacks the mental

14 capacity to contract or manage his or her own affairs. Any such records

15 transmitted directly to the federal bureau of investigation must also be

16 transmitted to the division of criminal justice services, and any

17 records received by the division of criminal justice services pursuant

18 to this paragraph may be checked against the statewide license and

19 record database.

20 § 19. Subdivision (j) of section 7.09 of the mental hygiene law, as

21 added by chapter 491 of the laws of 2008, is amended to read as follows:

22 (j) (1) The commissioner, in cooperation with other applicable state

23 agencies, shall [be authorized to] collect, retain or modify data or

24 records, [or to] and shall transmit such data or records: (i) to the

25 division of criminal justice services, or to the criminal justice infor-

26 mation services division of the federal bureau of investigation, for the

27 purposes of responding to queries to the national instant criminal back-

28 ground check system regarding attempts to purchase or otherwise take

29 possession of firearms, as defined in 18 USC 921(a)(3), in accordance

30 with applicable federal laws or regulations, or (ii) to the division of

31 criminal justice services, which may re-disclose such data and records

32 only for determining whether a license issued pursuant to section 400.00

33 of the penal law should be denied, suspended or revoked, under subdivi-

34 sion eleven of such section, or for determining whether a person is no

35 longer permitted under federal or state law to possess a firearm. Such

36 records, which may not be used for any other purpose, shall include only

37 names and other non-clinical identifying information of persons who have

38 been involuntarily committed to a hospital pursuant to article nine of

39 this chapter, or section four hundred two or subdivision two of section

40 five hundred eight of the correction law, or article seven hundred thir-

41 ty or section 330.20 of the criminal procedure law or sections 322.2 or

42 353.4 of the family court act, or to a secure treatment facility pursu-

43 ant to article ten of this chapter.

44 (2) The commissioner shall establish within the office of mental

45 health an administrative process to permit a person who has been or may

46 be disqualified from possessing such a firearm pursuant to 18 USC

47 922(4)(d) or who has been or may be disqualified from continuing to have

48 a license to carry, possess, repair, or dispose of a firearm under

49 section 400.00 of the penal law because such person was involuntarily

50 committed or civilly confined to a facility under the jurisdiction of

51 the commissioner, to petition for relief from that disability where such

52 person's record and reputation are such that such person will not be

53 likely to act in a manner dangerous to public safety and where the

54 granting of the relief would not be contrary to public safety. The

55 commissioner shall promulgate regulations to establish the relief from

56 disabilities program, which shall include, but not be limited to,

S. 2230 10 A. 2388

 

1 provisions providing for: (i) an opportunity for a disqualified person

2 to petition for relief in writing; (ii) the authority for the agency to

3 require that the petitioner undergo a clinical evaluation and risk

4 assessment; and (iii) a requirement that the agency issue a decision in

5 writing explaining the reasons for a denial or grant of relief. The

6 denial of a petition for relief from disabilities may be reviewed de

7 novo pursuant to the proceedings under article seventy-eight of the

8 civil practice law and rules.

9 § 20. The mental hygiene law is amended by adding a new section 9.46

10 to read as follows:

11 § 9.46 Reports of substantial risk or threat of harm by mental health

12 professionals.

13 (a) For purposes of this section, the term "mental health profes-

14 sional" shall include a physician, psychologist, registered nurse or

15 licensed clinical social worker.

16 (B) Notwithstanding any other law to the contrary, when a mental

17 health professional currently providing treatment services to a person

18 determines, in the exercise of reasonable professional judgment, that

19 such person is likely to engage in conduct that would result in serious

20 harm to self or others, he or she shall be required to report, as soon

21 as practicable, to the director of community services, or the director's

22 designee, who shall report to the division of criminal justice services

23 whenever he or she agrees that the person is likely to engage in such

24 conduct. Information transmitted to the division of criminal justice

25 services shall be limited to names and other non-clinical identifying

26 information, which may only be used for determining whether a license

27 issued pursuant to section 400.00 of the penal law should be suspended

28 or revoked, or for determining whether a person is ineligible for a

29 license issued pursuant to section 400.00 of the penal law, or is no

30 longer permitted under state or federal law to possess a firearm.

31 © Nothing in this section shall be construed to require a mental

32 health professional to take any action which, in the exercise of reason-

33 able professional judgment, would endanger such mental health profes-

34 sional or increase the danger to a potential victim or victims.

35 (d) The decision of a mental health professional to disclose or not to

36 disclose in accordance with this section, when made reasonably and in

37 good faith, shall not be the basis for any civil or criminal liability

38 of such mental health professional.

39 § 21. Paragraph 5 of subdivision (B) of section 9.47 of the mental

40 hygiene law is renumbered paragraph 7 and two new paragraphs 5 and 6 are

41 added to read as follows:

42 (5) ensuring evaluation of the need for ongoing assisted outpatient

43 treatment pursuant to subdivision (k) of section 9.60 of this article

44 prior to the expiration of any assisted outpatient treatment order;

45 (6) if he or she has been ordered to provide for or arrange for

46 assisted outpatient treatment pursuant to paragraph five of subdivision

47 (j) of section 9.60 of this article or became the appropriate director

48 pursuant to this paragraph or subdivision © of section 9.48 of this

49 article, notifying the director of community services of the new county

50 of residence when he or she has reason to believe that an assisted

51 outpatient has or will change his or her county of residence during the

52 pendency of an assisted outpatient treatment order. Upon such change of

53 residence, the director of the new county of residence shall become the

54 appropriate director, as such term is defined in section 9.60 of this

55 article; and

S. 2230



1 § 22. Section 9.48 of the mental hygiene law is amended by adding a

2 new subdivision © to read as follows:

3 © Directors of assisted outpatient treatment programs providing

4 services described in paragraph one of subdivision (a) of section 9.60

5 of this article pursuant to any court order issued under such section

6 shall evaluate the need for ongoing assisted outpatient treatment pursu-

7 ant to subdivision (k) of section 9.60 of this article prior to the

8 expiration of any assisted outpatient treatment order; and shall notify

9 the director of community services of the new county of residence when

10 he or she has reason to believe that an assisted outpatient has or will

11 change his or her county of residence during the pendency of an assisted

12 outpatient treatment order. Upon such change of residence, the director

13 of the new county of residence shall become the appropriate director, as

14 such term is defined in section 9.60 of this article.

15 § 23. Paragraph 3 of subdivision (a), paragraphs 2 and 5 of subdivi-

16 sion (j) and subdivisions (k) and (n) of section 9.60 of the mental

17 hygiene law, as amended by chapter 158 of the laws of 2005, are amended

18 to read as follows:

19 (3) "director of community services" and "local governmental unit"

20 shall have the same meanings as provided in article forty-one of this

21 chapter. The "appropriate director" shall mean the director of communi-

22 ty services of the county where the assisted outpatient resides, even if

23 it is a different county than the county where the assisted outpatient

24 treatment order was originally issued.

25 (2) If after hearing all relevant evidence, the court finds by clear

26 and convincing evidence that the subject of the petition meets the

27 criteria for assisted outpatient treatment, and there is no appropriate

28 and feasible less restrictive alternative, the court may order the

29 subject to receive assisted outpatient treatment for an initial period

30 not to exceed [six months] one year. In fashioning the order, the court

31 shall specifically make findings by clear and convincing evidence that

32 the proposed treatment is the least restrictive treatment appropriate

33 and feasible for the subject. The order shall state an assisted outpa-

34 tient treatment plan, which shall include all categories of assisted

35 outpatient treatment, as set forth in paragraph one of subdivision (a)

36 of this section, which the assisted outpatient is to receive, but shall

37 not include any such category that has not been recommended in both the

38 proposed written treatment plan and the testimony provided to the court

39 pursuant to subdivision (i) of this section.

40 (5) If the petitioner is the director of a hospital that operates an

41 assisted outpatient treatment program, the court order shall direct the

42 hospital director to provide or arrange for all categories of assisted

43 outpatient treatment for the assisted outpatient throughout the period

44 of the order. [For all other persons] In all other instances, the order

45 shall require the appropriate director [of community services of the

46 appropriate local governmental unit], as that term is defined in this

47 section, to provide or arrange for all categories of assisted outpatient

48 treatment for the assisted outpatient throughout the period of the

49 order.

50 (k) Petition for additional periods of treatment. (1) Prior to the

51 expiration of an order pursuant to this section, the appropriate direc-

52 tor shall review whether the assisted outpatient continues to meet the

53 criteria for assisted outpatient treatment. If, as documented in the

54 petition, the director determines that such criteria continue to be met

55 or has made appropriate attempts to, but has not been successful in

56 eliciting, the cooperation of the subject to submit to an examination,

S. 2230 12 A. 2388

 

1 within thirty days prior to the expiration of an order of assisted

2 outpatient treatment, such director may petition the court to order

3 continued assisted outpatient treatment pursuant to paragraph two of

4 this subdivision. Upon determining whether such criteria continue to be

5 met, such director shall notify the program coordinator in writing as to

6 whether a petition for continued assisted outpatient treatment is

7 warranted and whether such a petition was or will be filed.

8 (2) Within thirty days prior to the expiration of an order of assisted

9 outpatient treatment, the appropriate director or the current petition-

10 er, if the current petition was filed pursuant to subparagraph (i) or

11 (ii) of paragraph one of subdivision (e) of this section, and the

12 current petitioner retains his or her original status pursuant to the

13 applicable subparagraph, may petition the court to order continued

14 assisted outpatient treatment for a period not to exceed one year from

15 the expiration date of the current order. If the court's disposition of

16 such petition does not occur prior to the expiration date of the current

17 order, the current order shall remain in effect until such disposition.

18 The procedures for obtaining any order pursuant to this subdivision

19 shall be in accordance with the provisions of the foregoing subdivisions

20 of this section; provided that the time restrictions included in para-

21 graph four of subdivision © of this section shall not be applicable.

22 The notice provisions set forth in paragraph six of subdivision (j) of

23 this section shall be applicable. Any court order requiring periodic

24 blood tests or urinalysis for the presence of alcohol or illegal drugs

25 shall be subject to review after six months by the physician who devel-

26 oped the written treatment plan or another physician designated by the

27 director, and such physician shall be authorized to terminate such blood

28 tests or urinalysis without further action by the court.

29 (n) Failure to comply with assisted outpatient treatment. Where in the

30 clinical judgment of a physician, (i) the assisted outpatient, has

31 failed or refused to comply with the assisted outpatient treatment, (ii)

32 efforts were made to solicit compliance, and (iii) such assisted outpa-

33 tient may be in need of involuntary admission to a hospital pursuant to

34 section 9.27 of this article or immediate observation, care and treat-

35 ment pursuant to section 9.39 or 9.40 of this article, such physician

36 may request the appropriate director of community services, the direc-

37 tor's designee, or any physician designated by the director of community

38 services pursuant to section 9.37 of this article, to direct the removal

39 of such assisted outpatient to an appropriate hospital for an examina-

40 tion to determine if such person has a mental illness for which hospi-

41 talization is necessary pursuant to section 9.27, 9.39 or 9.40 of this

42 article. Furthermore, if such assisted outpatient refuses to take medi-

43 cations as required by the court order, or he or she refuses to take, or

44 fails a blood test, urinalysis, or alcohol or drug test as required by

45 the court order, such physician may consider such refusal or failure

46 when determining whether the assisted outpatient is in need of an exam-

47 ination to determine whether he or she has a mental illness for which

48 hospitalization is necessary. Upon the request of such physician, the

49 appropriate director, the director's designee, or any physician desig-

50 nated pursuant to section 9.37 of this article, may direct peace offi-

51 cers, acting pursuant to their special duties, or police officers who

52 are members of an authorized police department or force or of a sher-

53 iff's department to take the assisted outpatient into custody and trans-

54 port him or her to the hospital operating the assisted outpatient treat-

55 ment program or to any hospital authorized by the director of community

56 services to receive such persons. Such law enforcement officials shall

S. 2230 13 A. 2388



1 carry out such directive. Upon the request of such physician, the appro-

2 priate director, the director's designee, or any physician designated

3 pursuant to section 9.37 of this article, an ambulance service, as

4 defined by subdivision two of section three thousand one of the public

5 health law, or an approved mobile crisis outreach team as defined in

6 section 9.58 of this article shall be authorized to take into custody

7 and transport any such person to the hospital operating the assisted

8 outpatient treatment program, or to any other hospital authorized by the

9 appropriate director of community services to receive such persons. Any

10 director of community services, or designee, shall be authorized to

11 direct the removal of an assisted outpatient who is present in his or

12 her county to an appropriate hospital, in accordance with the provisions

13 of this subdivision, based upon a determination of the appropriate

14 director of community services directing the removal of such assisted

15 outpatient pursuant to this subdivision. Such person may be retained for

16 observation, care and treatment and further examination in the hospital

17 for up to seventy-two hours to permit a physician to determine whether

18 such person has a mental illness and is in need of involuntary care and

19 treatment in a hospital pursuant to the provisions of this article. Any

20 continued involuntary retention in such hospital beyond the initial

21 seventy-two hour period shall be in accordance with the provisions of

22 this article relating to the involuntary admission and retention of a

23 person. If at any time during the seventy-two hour period the person is

24 determined not to meet the involuntary admission and retention

25 provisions of this article, and does not agree to stay in the hospital

26 as a voluntary or informal patient, he or she must be released. Failure

27 to comply with an order of assisted outpatient treatment shall not be

28 grounds for involuntary civil commitment or a finding of contempt of

29 court.

30 § 24. Subdivision (g) of section 13.09 of the mental hygiene law, as

31 amended by chapter 168 of the laws of 2010, is amended to read as

32 follows:

33 (g) (1) The commissioner, in cooperation with other applicable state

34 agencies, shall [be authorized to] collect, retain or modify data or

35 records, [or to] and shall transmit such data or records to: (i) the

36 division of criminal justice services, or to the criminal justice infor-

37 mation services division of the federal bureau of investigation, for the

38 purposes of responding to queries to the national instant criminal back-

39 ground check system regarding attempts to purchase or otherwise take

40 possession of firearms, as defined in 18 USC 921(a)(3), in accordance

41 with applicable federal laws or regulations, or (ii) to the division of

42 criminal justice services, for the purposes of determining whether a

43 license issued pursuant to section 400.00 of the penal law should be

44 denied, suspended or revoked, under subdivision eleven of such section,

45 or for determining whether a person is no longer permitted under federal

46 or state law to possess a firearm. Such records shall include only

47 names and other non-clinical identifying information of persons who have

48 had a guardian appointed for them pursuant to any provision of state

49 law, based on a determination that as a result of marked subnormal

50 intelligence, mental illness, incapacity, condition or disease, they

51 lack the mental capacity to contract or manage their own affairs, and

52 persons who have been involuntarily committed to a facility pursuant to

53 article fifteen of this chapter, or article seven hundred thirty or

54 section 330.20 of the criminal procedure law or sections 322.2 or 353.4

55 of the family court act.

S. 2230 14 A. 2388

 

1 (2) The commissioner shall establish within the office for people with

2 developmental disabilities an administrative process to permit a person

3 who has been or may be disqualified from possessing such a firearm

4 pursuant to 18 USC 922(4)(d), or who has been or may be disqualified

5 from continuing to have a license to carry, possess, repair, or dispose

6 of a firearm under section 400.00 of the penal law because such person

7 was involuntarily committed or civilly confined to a facility under the

8 jurisdiction of the commissioner, to petition for relief from that disa-

9 bility where such person's record and reputation are such that such

10 person will not be likely to act in a manner dangerous to public safety

11 and where the granting of the relief would not be contrary to public

12 safety. The commissioner shall promulgate regulations to establish the

13 relief from disabilities program, which shall include, but not be limit-

14 ed to, provisions providing for: (i) an opportunity for a disqualified

15 person to petition for relief in writing; (ii) the authority for the

16 agency to require that the petitioner undergo a clinical evaluation and

17 risk assessment; and (iii) a requirement that the agency issue a deci-

18 sion in writing explaining the reasons for a denial or grant of relief.

19 The denial of a petition for relief from disabilities may be reviewed de

20 novo pursuant to the proceedings under article seventy-eight of the

21 civil practice law and rules.

22 § 25. Paragraph 12 of subdivision © of section 33.13 of the mental

23 hygiene law, as amended by chapter 158 of the laws of 2005, is amended

24 and a new paragraph 15 is added to read as follows:

25 12. to a director of community services as defined in article nine of

26 this chapter or his or her designee, provided that such director or his

27 or her designee (i) requests such information in the exercise of his or

28 her statutory functions, powers and duties pursuant to section 9.37,

29 9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter; or (ii) the disclosure

30 of information is required pursuant to section 9.46 of this chapter.

31 15. to the division of criminal justice services, names and other

32 non-clinical identifying information for the sole purpose of implement-

33 ing the division's responsibilities and duties under sections 400.00 and

34 400.02 of the penal law.

35 § 26. Section 10.00 of the penal law is amended by adding a new subdi-

36 vision 21 to read as follows:

37 21. "Drug trafficking felony" means any of the following offenses

38 defined in article two hundred twenty of this chapter: violation of use

39 of a child to commit a controlled substance offense as defined in

40 section 220.28; criminal sale of a controlled substance in the fourth

41 degree as defined in section 220.34; criminal sale of a controlled

42 substance in the third degree as defined in section 220.39; criminal

43 sale of a controlled substance in the second degree as defined in

44 section 220.41; criminal sale of a controlled substance in the first

45 degree as defined in section 220.43; criminal sale of a controlled

46 substance in or near school grounds as defined in section 220.44; unlaw-

47 ful manufacture of methamphetamine in the second degree as defined in

48 section 220.74; unlawful manufacture of methamphetamine in the first

49 degree as defined in section 220.75; or operating as a major trafficker

50 as defined in section 220.77.

51 § 26-a. The penal law is amended by adding a new section 60.11-a to

52 read as follows:

53 § 60.11-a Authorized dispositions; certain criminal possession of a

54 weapon in the third degree offenders.

55 When a person is to be sentenced upon conviction of the crime of crim-

56 inal possession of a weapon in the third degree as defined in subdivi-

S. 2230 15 A. 2388



1 sion ten of section 265.02 of this chapter, the court must sentence such

2 defendant to a determinate sentence as provided in subparagraph (ii) of

3 paragraph © of subdivision three of section 70.02 of this chapter,

4 unless a greater minimum sentence is otherwise required by another

5 provision of this chapter.

6 § 27. Paragraphs (B) and © of subdivision 1 of section 70.02 of the

7 penal law, paragraph (B) as amended by chapter 148 of the laws of 2011

8 and paragraph © as amended by chapter 405 of the laws of 2010, are

9 amended to read as follows:

10 (B) Class C violent felony offenses: an attempt to commit any of the

11 class B felonies set forth in paragraph (a) of this subdivision; aggra-

12 vated criminally negligent homicide as defined in section 125.11, aggra-

13 vated manslaughter in the second degree as defined in section 125.21,

14 aggravated sexual abuse in the second degree as defined in section

15 130.67, assault on a peace officer, police officer, fireman or emergency

16 medical services professional as defined in section 120.08, assault on a

17 judge as defined in section 120.09, gang assault in the second degree as

18 defined in section 120.06, strangulation in the first degree as defined

19 in section 121.13, burglary in the second degree as defined in section

20 140.25, robbery in the second degree as defined in section 160.10, crim-

21 inal possession of a weapon in the second degree as defined in section

22 265.03, criminal use of a firearm in the second degree as defined in

23 section 265.08, criminal sale of a firearm in the second degree as

24 defined in section 265.12, criminal sale of a firearm with the aid of a

25 minor as defined in section 265.14, aggravated criminal possession of a

26 weapon as defined in section 265.19, soliciting or providing support for

27 an act of terrorism in the first degree as defined in section 490.15,

28 hindering prosecution of terrorism in the second degree as defined in

29 section 490.30, and criminal possession of a chemical weapon or biolog-

30 ical weapon in the third degree as defined in section 490.37.

31 © Class D violent felony offenses: an attempt to commit any of the

32 class C felonies set forth in paragraph (B); reckless assault of a child

33 as defined in section 120.02, assault in the second degree as defined in

34 section 120.05, menacing a police officer or peace officer as defined in

35 section 120.18, stalking in the first degree, as defined in subdivision

36 one of section 120.60, strangulation in the second degree as defined in

37 section 121.12, rape in the second degree as defined in section 130.30,

38 criminal sexual act in the second degree as defined in section 130.45,

39 sexual abuse in the first degree as defined in section 130.65, course of

40 sexual conduct against a child in the second degree as defined in

41 section 130.80, aggravated sexual abuse in the third degree as defined

42 in section 130.66, facilitating a sex offense with a controlled

43 substance as defined in section 130.90, criminal possession of a weapon

44 in the third degree as defined in subdivision five, six, seven [or],

45 eight, nine or ten of section 265.02, criminal sale of a firearm in the

46 third degree as defined in section 265.11, intimidating a victim or

47 witness in the second degree as defined in section 215.16, soliciting or

48 providing support for an act of terrorism in the second degree as

49 defined in section 490.10, and making a terroristic threat as defined in

50 section 490.20, falsely reporting an incident in the first degree as

51 defined in section 240.60, placing a false bomb or hazardous substance

52 in the first degree as defined in section 240.62, placing a false bomb

53 or hazardous substance in a sports stadium or arena, mass transportation

54 facility or enclosed shopping mall as defined in section 240.63, and

55 aggravated unpermitted use of indoor pyrotechnics in the first degree as

56 defined in section 405.18.

S. 2230 16 A. 2388

 

1 § 28. The opening paragraph of paragraph © of subdivision 2 of

2 section 70.02 of the penal law, as amended by chapter 764 of the laws of

3 2005, is amended to read as follows:

4 Except as provided in subdivision six of section 60.05, the sentence

5 imposed upon a person who stands convicted of the class D violent felony

6 offenses of criminal possession of a weapon in the third degree as

7 defined in subdivision [four,] five, seven [or], eight or nine of

8 section 265.02, criminal sale of a firearm in the third degree as

9 defined in section 265.11 or the class E violent felonies of attempted

10 criminal possession of a weapon in the third degree as defined in subdi-

11 vision [four,] five, seven [or], eight or nine of section 265.02 must be

12 a sentence to a determinate period of imprisonment, or, in the alterna-

13 tive, a definite sentence of imprisonment for a period of no less than

14 one year, except that:

15 § 29. Paragraph (B) of subdivision 3 of section 70.02 of the penal

16 law, as amended by chapter 765 of the laws of 2005, is amended to read

17 as follows:

18 (B) For a class C felony, the term must be at least three and one-half

19 years and must not exceed fifteen years, provided, however, that the

20 term must be: (i) at least seven years and must not exceed twenty years

21 where the sentence is for the crime of aggravated manslaughter in the

22 second degree as defined in section 125.21 of this chapter; (ii) at

23 least seven years and must not exceed twenty years where the sentence is

24 for the crime of attempted aggravated assault upon a police officer or

25 peace officer as defined in section 120.11 of this chapter; [and] (iii)

26 at least three and one-half years and must not exceed twenty years where

27 the sentence is for the crime of aggravated criminally negligent homi-

28 cide as defined in section 125.11 of this chapter; and (iv) at least

29 five years and must not exceed fifteen years where the sentence is

30 imposed for the crime of aggravated criminal possession of a weapon as

31 defined in section 265.19 of this chapter;

32 § 30. Paragraph © of subdivision 3 of section 70.02 of the penal

33 law, as amended by chapter 765 of the laws of 2005, is amended to read

34 as follows:

35 © For a class D felony, the term must be at least two years and must

36 not exceed seven years, provided, however, that the term must be: (i) at

37 least two years and must not exceed eight years where the sentence is

38 for the crime of menacing a police officer or peace officer as defined

39 in section 120.18 of this chapter; and (ii) at least three and one-half

40 years and must not exceed seven years where the sentence is imposed for

41 the crime of criminal possession of a weapon in the third degree as

42 defined in subdivision ten of section 265.02 of this chapter;

43 § 31. The penal law is amended by adding a new section 115.20 to read

44 as follows:

45 § 115.20 Criminal facilitation; definitions and construction.

46 For purposes of this article, such conduct shall include, but not be

47 limited to, making available, selling, exchanging, giving or disposing

48 of a community gun, which in fact, aids a person to commit a crime.

49 "Community gun" shall mean a firearm that is actually shared, made

50 available, sold, exchanged, given or disposed of among or between two or

51 more persons, at least one of whom is not authorized pursuant to law to

52 possess such firearm. "Dispose of" shall have the same meaning as that

53 term is defined in section 265.00 of this chapter. "Share" and "make

54 available" shall, in the case of a firearm, be construed to include

55 knowingly placing such firearm at a location accessible and known to one

56 or more other persons.

S. 2230 17 A. 2388



1 § 32. Section 120.05 of the penal law is amended by adding a new

2 subdivision 4-a to read as follows:

3 4-a. He recklessly causes physical injury to another person who is a

4 child under the age of eighteen by intentional discharge of a firearm,

5 rifle or shotgun; or

6 § 33. Sections 34, 35 and 36 of this act shall be known and may be

7 cited as "Mark's Law".

8 § 34. The opening paragraph of subdivision 1 of section 125.26 of the

9 penal law, as added by chapter 765 of the laws of 2005, is amended to

10 read as follows:

11 With intent to cause the death of another person, he or she causes the

12 death of such person, or of a third person who was a person described in

13 subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of this subdi-

14 vision engaged at the time of the killing in the course of performing

15 his or her official duties; and

16 § 35. Paragraph (a) of subdivision 1 of section 125.26 of the penal

17 law is amended by adding a new subparagraph (ii-a) to read as follows:

18 (ii-a) the intended victim was a firefighter, emergency medical tech-

19 nician, ambulance driver, paramedic, physician or registered nurse

20 involved in a first response team, or any other individual who, in the

21 course of official duties, performs emergency response activities and

22 was engaged in such activities at the time of killing and the defendant

23 knew or reasonably should have known that the intended victim was such

24 firefighter, emergency medical technician, ambulance driver, paramedic,

25 physician or registered nurse; or

26 § 36. Paragraph (a) of subdivision 1 of section 125.27 of the penal

27 law is amended by adding a new subparagraph (ii-a) to read as follows:

28 (ii-a) the intended victim was a firefighter, emergency medical tech-

29 nician, ambulance driver, paramedic, physician or registered nurse

30 involved in a first response team, or any other individual who, in the

31 course of official duties, performs emergency response activities and

32 was engaged in such activities at the time of killing and the defendant

33 knew or reasonably should have known that the intended victim was such

34 firefighter, emergency medical technician, ambulance driver, paramedic,

35 physician or registered nurse; or

36 § 37. Subdivision 22 of section 265.00 of the penal law, as added by

37 chapter 189 of the laws of 2000, is amended to read as follows:

38 22. "Assault weapon" means [(a) a semiautomatic rifle that has an

39 ability to accept a detachable magazine and has at least two of the

40 following characteristics:

41 (i) a folding or telescoping stock;

42 (ii) a pistol grip that protrudes conspicuously beneath the action of

43 the weapon;

44 (iii) a bayonet mount;

45 (iv) a flash suppressor or threaded barrel designed to accommodate a

46 flash suppressor;

47 (v) a grenade launcher; or

48 (B) a semiautomatic shotgun that has at least two of the following

49 characteristics:

50 (i) a folding or telescoping stock;

51 (ii) a pistol grip that protrudes conspicuously beneath the action of

52 the weapon;

53 (iii) a fixed magazine capacity in excess of five rounds;

54 (iv) an ability to accept a detachable magazine; or

55 © a semiautomatic pistol that has an ability to accept a detachable

56 magazine and has at least two of the following characteristics:

S. 2230 18 A. 2388

 

1 (i) an ammunition magazine that attaches to the pistol outside of the

2 pistol grip;

3 (ii) a threaded barrel capable of accepting a barrel extender, flash

4 suppressor, forward handgrip, or silencer;

5 (iii) a shroud that is attached to, or partially or completely encir-

6 cles, the barrel and that permits the shooter to hold the firearm with

7 the nontrigger hand without being burned;

8 (iv) a manufactured weight of fifty ounces or more when the pistol is

9 unloaded;

10 (v) a semiautomatic version of an automatic rifle, shotgun or firearm;

11 or

12 (d) any of the weapons, or functioning frames or receivers of such

13 weapons, or copies or duplicates of such weapons, in any caliber, known

14 as:

15 (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all

16 models);

17 (ii) Action Arms Israeli Military Industries UZI and Galil;

18 (iii) Beretta Ar70 (SC-70);

19 (iv) Colt AR-15;

20 (v) Fabrique National FN/FAL, FN/LAR, and FNC;

21 (vi) SWD M-10, M-11, M-11/9, and M-12;

22 (vii) Steyr AUG;

23 (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

24 (ix) revolving cylinder shotguns, such as (or similar to) the Street

25 Sweeper and Striker 12;

26 (e) provided, however, that such term does not include: (i) any rifle,

27 shotgun or pistol that (A) is manually operated by bolt, pump, lever or

28 slide action; (B) has been rendered permanently inoperable; or © is an

29 antique firearm as defined in 18 U.S.C. 921(a)(16);

30 (ii) a semiautomatic rifle that cannot accept a detachable magazine

31 that holds more than five rounds of ammunition;

32 (iii) a semiautomatic shotgun that cannot hold more than five rounds

33 of ammunition in a fixed or detachable magazine;

34 (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,

35 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was

36 manufactured on October first, nineteen hundred ninety-three. The mere

37 fact that a weapon is not listed in Appendix A shall not be construed to

38 mean that such weapon is an assault weapon; or

39 (v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic

40 pistol or any of the weapons defined in paragraph (d) of this subdivi-

41 sion lawfully possessed prior to September fourteenth, nineteen hundred

42 ninety-four.]

43 (a) a semiautomatic rifle that has an ability to accept a detachable

44 magazine and has at least one of the following characteristics:

45 (i) a folding or telescoping stock;

46 (ii) a pistol grip that protrudes conspicuously beneath the action of

47 the weapon;

48 (iii) a thumbhole stock;

49 (iv) a second handgrip or a protruding grip that can be held by the

50 non-trigger hand;

51 (v) a bayonet mount;

52 (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded

53 barrel designed to accommodate a flash suppressor, muzzle break, or

54 muzzle compensator;

55 (vii) a grenade launcher; or

S. 2230 19 A. 2388

 

1 (B) a semiautomatic shotgun that has at least one of the following

2 characteristics:

3 (i) a folding or telescoping stock;

4 (ii) a thumbhole stock;

5 (iii) a second handgrip or a protruding grip that can be held by the

6 non-trigger hand;

7 (iv) a fixed magazine capacity in excess of seven rounds;

8 (v) an ability to accept a detachable magazine; or

9 © a semiautomatic pistol that has an ability to accept a detachable

10 magazine and has at least one of the following characteristics:

11 (i) a folding or telescoping stock;

12 (ii) a thumbhole stock;

13 (iii) a second handgrip or a protruding grip that can be held by the

14 non-trigger hand;

15 (iv) capacity to accept an ammunition magazine that attaches to the

16 pistol outside of the pistol grip;

17 (v) a threaded barrel capable of accepting a barrel extender, flash

18 suppressor, forward handgrip, or silencer;

19 (vi) a shroud that is attached to, or partially or completely encir-

20 cles, the barrel and that permits the shooter to hold the firearm with

21 the non-trigger hand without being burned;

22 (vii) a manufactured weight of fifty ounces or more when the pistol is

23 unloaded; or

24 (viii) a semiautomatic version of an automatic rifle, shotgun or

25 firearm;

26 (d) a revolving cylinder shotgun;

27 (e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic

28 pistol or weapon defined in subparagraph (v) of paragraph (e) of subdi-

29 vision twenty-two of section 265.00 of this chapter as added by chapter

30 one hundred eighty-nine of the laws of two thousand and otherwise

31 lawfully possessed pursuant to such chapter of the laws of two thousand

32 prior to September fourteenth, nineteen hundred ninety-four;

33 (f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic

34 pistol or weapon defined in paragraph (a), (B) or © of this subdivi-

35 sion, possessed prior to the date of enactment of the chapter of the

36 laws of two thousand thirteen which added this paragraph;

37 (g) provided, however, that such term does not include:

38 (i) any rifle, shotgun or pistol that (A) is manually operated by

39 bolt, pump, lever or slide action; (B) has been rendered permanently

40 inoperable; or © is an antique firearm as defined in 18 U.S.C.

41 921(a)(16);

42 (ii) a semiautomatic rifle that cannot accept a detachable magazine

43 that holds more than five rounds of ammunition;

44 (iii) a semiautomatic shotgun that cannot hold more than five rounds

45 of ammunition in a fixed or detachable magazine; or

46 (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,

47 specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured

48 on October first, nineteen hundred ninety-three. The mere fact that a

49 weapon is not listed in Appendix A shall not be construed to mean that

50 such weapon is an assault weapon;

51 (v) any weapon validly registered pursuant to subdivision sixteen-a of

52 section 400.00 of this chapter. Such weapons shall be subject to the

53 provisions of paragraph (h) of this subdivision;

54 (vi) any firearm, rifle, or shotgun that was manufactured at least

55 fifty years prior to the current date, but not including replicas there-

S. 2230 20 A. 2388



1 of that is validly registered pursuant to subdivision sixteen-a of

2 section 400.00 of this chapter;

3 (h) Any weapon defined in paragraph (e) or (f) of this subdivision and

4 any large capacity ammunition feeding device that was legally possessed

5 by an individual prior to the enactment of the chapter of the laws of

6 two thousand thirteen which added this paragraph, may only be sold to,

7 exchanged with or disposed of to a purchaser authorized to possess such

8 weapons or to an individual or entity outside of the state provided that

9 any such transfer to an individual or entity outside of the state must

10 be reported to the entity wherein the weapon is registered within seven-

11 ty-two hours of such transfer. An individual who transfers any such

12 weapon or large capacity ammunition device to an individual inside New

13 York state or without complying with the provisions of this paragraph

14 shall be guilty of a class A misdemeanor unless such large capacity

15 ammunition feeding device, the possession of which is made illegal by

16 the chapter of the laws of two thousand thirteen which added this para-

17 graph, is transferred within one year of the effective date of the chap-

18 ter of the laws of two thousand thirteen which added this paragraph.

19 § 38. Subdivision 23 of section 265.00 of the penal law, as added by

20 chapter 189 of the laws of 2000, is amended to read as follows:

21 23. "Large capacity ammunition feeding device" means a magazine, belt,

22 drum, feed strip, or similar device, [manufactured after September thir-

23 teenth, nineteen hundred ninety-four,] that (a) has a capacity of, or

24 that can be readily restored or converted to accept, more than ten

25 rounds of ammunition, or (B) contains more than seven rounds of ammuni-

26 tion, or © is obtained after the effective date of the chapter of the

27 laws of two thousand thirteen which amended this subdivision and has a

28 capacity of, or that can be readily restored or converted to accept,

29 more than seven rounds of ammunition; provided, however, that such term

30 does not include an attached tubular device designed to accept, and

31 capable of operating only with, .22 caliber rimfire ammunition or a

32 feeding device that is a curio or relic. A feeding device that is a

33 curio or relic is defined as a device that (i) was manufactured at least

34 fifty years prior to the current date, (ii) is only capable of being

35 used exclusively in a firearm, rifle, or shotgun that was manufactured

36 at least fifty years prior to the current date, but not including repli-

37 cas thereof, (iii) is possessed by an individual who is not prohibited

38 by state or federal law from possessing a firearm and (iv) is registered

39 with the division of state police pursuant to subdivision sixteen-a of

40 section 400.00 of this chapter, except such feeding devices transferred

41 into the state may be registered at any time, provided they are regis-

42 tered within thirty days of their transfer into the state. Notwith-

43 standing paragraph (h) of subdivision twenty-two of this section, such

44 feeding devices may be transferred provided that such transfer shall be

45 subject to the provisions of section 400.03 of this chapter including

46 the check required to be conducted pursuant to such section.

47 § 39. Section 265.00 of the penal law is amended by adding a new

48 subdivision 24 to read as follows:

49 24. "Seller of ammunition" means any person, firm, partnership, corpo-

50 ration or company who engages in the business of purchasing, selling or

51 keeping ammunition.

52 § 40. Section 265.01 of the penal law, as added by chapter 1041 of the

53 laws of 1974, subdivision 1 as amended by chapter 257 of the laws of

54 2008, subdivision 2 as amended by chapter 220 of the laws of 1988,

55 subdivision 3 as amended by chapter 199 of the laws of 2006, subdivision

56 4 as amended by chapter 357 of the laws of 2011, subdivision 7 as added

S. 2230 21 A. 2388

 

1 by chapter 807 of the laws of 1981, and subdivision 8 as added by chap-

2 ter 646 of the laws of 1986, is amended to read as follows:

3 § 265.01 Criminal possession of a weapon in the fourth degree.

4 A person is guilty of criminal possession of a weapon in the fourth

5 degree when:

6 (1) He or she possesses any firearm, electronic dart gun, electronic

7 stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal

8 knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,

9 metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-

10 shot or slungshot, shirken or "Kung Fu star"; or

11 (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,

12 imitation pistol, or any other dangerous or deadly instrument or weapon

13 with intent to use the same unlawfully against another; or

14 (3) [He or she knowingly has in his or her possession a rifle, shotgun

15 or firearm in or upon a building or grounds, used for educational

16 purposes, of any school, college or university, except the forestry

17 lands, wherever located, owned and maintained by the State University of

18 New York college of environmental science and forestry, or upon a school

19 bus as defined in section one hundred forty-two of the vehicle and traf-

20 fic law, without the written authorization of such educational institu-

21 tion]; or

22 (4) He possesses a rifle, shotgun, antique firearm, black powder

23 rifle, black powder shotgun, or any muzzle-loading firearm, and has been

24 convicted of a felony or serious offense; or

25 (5) He possesses any dangerous or deadly weapon and is not a citizen

26 of the United States; or

27 (6) He is a person who has been certified not suitable to possess a

28 rifle or shotgun, as defined in subdivision sixteen of section 265.00,

29 and refuses to yield possession of such rifle or shotgun upon the demand

30 of a police officer. Whenever a person is certified not suitable to

31 possess a rifle or shotgun, a member of the police department to which

32 such certification is made, or of the state police, shall forthwith

33 seize any rifle or shotgun possessed by such person. A rifle or shotgun

34 seized as herein provided shall not be destroyed, but shall be delivered

35 to the headquarters of such police department, or state police, and

36 there retained until the aforesaid certificate has been rescinded by the

37 director or physician in charge, or other disposition of such rifle or

38 shotgun has been ordered or authorized by a court of competent jurisdic-

39 tion.

40 (7) He knowingly possesses a bullet containing an explosive substance

41 designed to detonate upon impact.

42 (8) He possesses any armor piercing ammunition with intent to use the

43 same unlawfully against another.

44 Criminal possession of a weapon in the fourth degree is a class A

45 misdemeanor.

46 § 41. The penal law is amended by adding a new section 265.01-a to

47 read as follows:

48 § 265.01-a. Criminal possession of a weapon on school grounds.

49 A person is guilty of criminal possession of a weapon on school

50 grounds when he or she knowingly has in his or her possession a rifle,

51 shotgun, or firearm in or upon a building or grounds, used for educa-

52 tional purposes, of any school, college, or university, except the

53 forestry lands, wherever located, owned and maintained by the State

54 University of New York college of environmental science and forestry, or

55 upon a school bus as defined in section one hundred forty-two of the

S. 2230 22 A. 2388

 

1 vehicle and traffic law, without the written authorization of such

2 educational institution.

3 Criminal possession of a weapon on school grounds is a class E felony.

4 § 41-a. The penal law is amended by adding a new section 265.01-b to

5 read as follows:

6 § 265.01-b Criminal possession of a firearm.

7 A person is guilty of criminal possession of a firearm when he or she:

8 (1) possesses any firearm or; (2) lawfully possesses a firearm prior to

9 the effective date of the chapter of the laws of two thousand thirteen

10 which added this section subject to the registration requirements of

11 subdivision sixteen-a of section 400.00 of this chapter and knowingly

12 fails to register such firearm pursuant to such subdivision.

13 Criminal possession of a firearm is a class E felony.

14 § 41-b. Subdivision 8 of section 265.02 of the penal law, as amended

15 by chapter 764 of the laws of 2005, is amended and two new subdivisions

16 9 and 10 are added to read as follows:

17 (8) Such person possesses a large capacity ammunition feeding device.

18 For purposes of this subdivision, a large capacity ammunition feeding

19 device shall not include an ammunition feeding device lawfully possessed

20 by such person before the effective date of the chapter of the laws of

21 two thousand thirteen which amended this subdivision, that has a capaci-

22 ty of, or that can be readily restored or converted to accept more than

23 seven but less than eleven rounds of ammunition, or that was manufac-

24 tured before September thirteenth, nineteen hundred ninety-four, that

25 has a capacity of, or that can be readily restored or converted to

26 accept, more than ten rounds of ammunition; or

27 (9) Such person possesses an unloaded firearm and also commits a drug

28 trafficking felony as defined in subdivision twenty-one of section 10.00

29 of this chapter as part of the same criminal transaction; or

30 (10) Such person possesses an unloaded firearm and also commits any

31 violent felony offense as defined in subdivision one of section 70.02 of

32 this chapter as part of the same criminal transaction.

33 § 42. Subdivision 2 of section 265.09 of the penal law, as added by

34 chapter 650 of the laws of 1996, is amended to read as follows:

35 (2) Sentencing. Notwithstanding any other provision of law to the

36 contrary, when a person is convicted of criminal use of a firearm in the

37 first degree as defined in subdivision one of this section, the court

38 shall impose an additional consecutive sentence of five years to the

39 [minimum term of an indeterminate] sentence imposed on the underlying

40 class B violent felony offense where the person convicted of such crime

41 displays a loaded weapon from which a shot, readily capable of producing

42 death or other serious injury may be discharged, in furtherance of the

43 commission of such crime, provided, however, that such additional

44 sentence shall not be imposed if the court, having regard to the nature

45 and circumstances of the crime and to the history and character of the

46 defendant, finds on the record that such additional consecutive sentence

47 would be unduly harsh and that not imposing such sentence would be

48 consistent with the public safety and would not deprecate the serious-

49 ness of the crime. Notwithstanding any other provision of law to the

50 contrary, the aggregate of the five year consecutive term imposed pursu-

51 ant to this subdivision and the minimum term of the indeterminate

52 sentence imposed on the underlying class B violent felony shall consti-

53 tute the new aggregate minimum term of imprisonment, and a person

54 subject to such term shall be required to serve the entire aggregate

55 minimum term and shall not be eligible for release on parole or condi-

56 tional release during such term. This subdivision shall not apply where

S. 2230 23 A. 2388



1 the defendant's criminal liability for displaying a loaded weapon from

2 which a shot, readily capable of producing death or other serious injury

3 may be discharged, in furtherance of the commission of crime is based on

4 the conduct of another pursuant to section 20.00 of [the penal law] this

5 chapter.

6 § 43. Section 265.17 of the penal law, as added by chapter 189 of the

7 laws of 2000, is amended to read as follows:

8 § 265.17 Criminal purchase or disposal of a weapon.

9 A person is guilty of criminal purchase or disposal of a weapon when:

10 1. Knowing that he or she is prohibited by law from possessing a

11 firearm, rifle or shotgun because of a prior conviction or because of

12 some other disability which would render him or her ineligible to

13 lawfully possess a firearm, rifle or shotgun in this state, such person

14 [attempts to purchase] purchases a firearm, rifle or shotgun from anoth-

15 er person; or

16 2. Knowing that it would be unlawful for another person to possess a

17 firearm, rifle or shotgun, he or she purchases a firearm, rifle or shot-

18 gun for, on behalf of, or for the use of such other person[.]; or

19 3. Knowing that another person is prohibited by law from possessing a

20 firearm, rifle or shotgun because of a prior conviction or because of

21 some other disability which would render him or her ineligible to

22 lawfully possess a firearm, rifle or shotgun in this state, a person

23 disposes of a firearm, rifle or shotgun to such other person.

24 Criminal purchase or disposal of a weapon is a class [A misdemeanor] D

25 felony.

26 § 44. Intentionally omitted.

27 § 45. The penal law is amended by adding a new section 265.19 to read

28 as follows:

29 § 265.19 Aggravated criminal possession of a weapon.

30 A person is guilty of aggravated criminal possession of a weapon when

31 he or she commits the crime of criminal possession of a weapon in the

32 second degree as defined in subdivision three of section 265.03 of this

33 article and also commits any violent felony offense as defined in subdi-

34 vision one of section 70.02 of this chapter or a drug trafficking felony

35 as defined in subdivision twenty-one of section 10.00 of this chapter

36 arising out of the same criminal transaction.

37 Aggravated criminal possession of a weapon is a class C felony.

38 § 46. Paragraph 3 of subdivision a of section 265.20 of the penal law,

39 as amended by chapter 210 of the laws of 1999, is amended and a new

40 paragraph 7-f is added to read as follows:

41 3. Possession of a pistol or revolver by a person to whom a license

42 therefor has been issued as provided under section 400.00 or 400.01 of

43 this chapter or possession of a weapon as defined in paragraph (e) or

44 (f) of subdivision twenty-two of section 265.00 of this article which is

45 registered pursuant to paragraph (a) of subdivision sixteen-a of section

46 400.00 of this chapter or is included on an amended license issued

47 pursuant to section 400.00 of this chapter. In the event such license

48 is revoked, other than because such licensee is no longer permitted to

49 possess a firearm, rifle or shotgun under federal or state law, informa-

50 tion sufficient to satisfy the requirements of subdivision sixteen-a of

51 section 400.00 of this chapter, shall be transmitted by the licensing

52 officer to the state police, in a form as determined by the superinten-

53 dent of state police. Such transmission shall constitute a valid regis-

54 tration under such section. Further provided, notwithstanding any other

55 section of this title, a failure to register such weapon by an individ-

56 ual who possesses such weapon before the enactment of the chapter of the

S. 2230 24 A. 2388

 

1 laws of two thousand thirteen which amended this paragraph and may so

2 lawfully possess it thereafter upon registration, shall only be subject

3 to punishment pursuant to paragraph © of subdivision sixteen-a of

4 section 400.00 of this chapter; provided, that such a license or regis-

5 tration shall not preclude a conviction for the offense defined in

6 subdivision three of section 265.01 of this article or section 265.01-a

7 of this article.

8 7-f. Possession and use of a magazine, belt, feed strip or similar

9 device, that contains more than seven rounds of ammunition, but that

10 does not have a capacity of or can readily be restored or converted to

11 accept more than ten rounds of ammunition, at an indoor or outdoor

12 firing range located in or on premises owned or occupied by a duly

13 incorporated organization organized for conservation purposes or to

14 foster proficiency in arms; at an indoor or outdoor firing range for the

15 purpose of firing a rifle or shotgun; at a collegiate, olympic or target

16 shooting competition under the auspices of or approved by the national

17 rifle association; or at an organized match sanctioned by the Interna-

18 tional Handgun Metallic Silhouette Association.

19 § 46-a. The penal law is amended by adding two new sections 265.36 and

20 265.37 to read as follows:

21 § 265.36 Unlawful possession of a large capacity ammunition feeding

22 device.

23 It shall be unlawful for a person to knowingly possess a large capaci-

24 ty ammunition feeding device manufactured before September thirteenth,

25 nineteen hundred ninety-four, and if such person lawfully possessed such

26 large capacity feeding device before the effective date of the chapter

27 of the laws of two thousand thirteen which added this section, that has

28 a capacity of, or that can be readily restored or converted to accept,

29 more than ten rounds of ammunition.

30 An individual who has a reasonable belief that such device is of such

31 a character that it may lawfully be possessed and who surrenders or

32 lawfully disposes of such device within thirty days of being notified by

33 law enforcement or county licensing officials that such possession is

34 unlawful shall not be guilty of this offense. It shall be a rebuttable

35 presumption that such person knows that such large capacity ammunition

36 feeding device may not be lawfully possessed if he or she has been

37 contacted by law enforcement or county licensing officials and informed

38 that such device may not be lawfully possessed.

39 Unlawful possession of a large capacity ammunition feeding device is a

40 class A misdemeanor.

41 § 265.37 Unlawful possession of certain ammunition feeding devices.

42 It shall be unlawful for a person to knowingly possess an ammunition

43 feeding device that such person lawfully possessed before the effective

44 date of the chapter of the laws of two thousand thirteen which added

45 this section, that has a capacity of, or that can be readily restored or

46 converted to accept more than seven but less than ten rounds of ammuni-

47 tion, where such device contains more than seven rounds of ammunition.

48 If such device containing more than seven rounds of ammunition is

49 possessed within the home of the possessor, the person so possessing the

50 device shall, for a first offense, be guilty of a violation and subject

51 to a fine of two hundred dollars, and for a second offense, be guilty of

52 a class B misdemeanor and subject to a fine of two hundred dollars and a

53 term of up to three months imprisonment.

54 If such device containing more than seven rounds of ammunition is

55 possessed in any location other than the home of the possessor, the

56 person so possessing the device shall, for a first offense, be guilty of

S. 2230 25 A. 2388

 

1 a class B misdemeanor and subject to a fine of two hundred dollars and a

2 term of up to six months imprisonment, and for a second offense, be

3 guilty of a class A misdemeanor.

4 § 47. The penal law is amended by adding a new section 265.45 to read

5 as follows:

6 § 265.45 Safe storage of rifles, shotguns, and firearms.

7 No person who owns or is custodian of a rifle, shotgun or firearm who

8 resides with an individual who such person knows or has reason to know

9 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)

10 (1), (4), (8) or (9) shall store or otherwise leave such rifle, shotgun

11 or firearm out of his or her immediate possession or control without

12 having first securely locked such rifle, shotgun or firearm in an appro-

13 priate safe storage depository or rendered it incapable of being fired

14 by use of a gun locking device appropriate to that weapon. For purposes

15 of this section "safe storage depository" shall mean a safe or other

16 secure container which, when locked, is incapable of being opened with-

17 out the key, combination or other unlocking mechanism and is capable of

18 preventing an unauthorized person from obtaining access to and

19 possession of the weapon contained therein. With respect to a person

20 who is prohibited from possessing a firearm pursuant to 18 USC §

21 922(g)(9), for purposes of this section, this section applies only if

22 such person has been convicted of a crime included in subdivision one of

23 section 370.15 of the criminal procedure law and such gun is possessed

24 within five years from the later of the date of conviction or completion

25 of sentence.

26 A violation of this section shall constitute a class A misdemeanor.

27 § 48. Subdivision 1, paragraph (a) of subdivision 3, subdivisions 4,

28 5, 9, 10, 11, 12 and 15 of section 400.00 of the penal law, subdivision

29 1 as amended by chapter 189 of the laws of 2000, paragraph (a) of subdi-

30 vision 3 as designated by chapter 778 of the laws of 1985, subdivision 4

31 as amended by chapter 331 of the laws of 2005, subdivision 5 as amended

32 by chapter 332 of the laws of 1994, subdivision 9 as amended by chapter

33 172 of the laws of 1973, subdivision 10 as amended by chapter 447 of the

34 laws of 1997, subdivision 11 as amended by chapter 210 of the laws of

35 1999, and subdivision 12 as amended by chapter 449 of the laws of 1993,

36 are amended and two new subdivisions 16-a and 16-b are added to read as

37 follows:

38 1. Eligibility. No license shall be issued or renewed pursuant to this

39 section except by the licensing officer, and then only after investi-

40 gation and finding that all statements in a proper application for a

41 license are true. No license shall be issued or renewed except for an

42 applicant (a) twenty-one years of age or older, provided, however, that

43 where such applicant has been honorably discharged from the United

44 States army, navy, marine corps, air force or coast guard, or the

45 national guard of the state of New York, no such age restriction shall

46 apply; (B) of good moral character; © who has not been convicted

47 anywhere of a felony or a serious offense; (d) who is not a fugitive

48 from justice; (e) who is not an unlawful user of or addicted to any

49 controlled substance as defined in section 21 U.S.C. 802; (f) who being

50 an alien (i) is not illegally or unlawfully in the United States or (ii)

51 has not been admitted to the United States under a nonimmigrant visa

52 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been

53 discharged from the Armed Forces under dishonorable conditions; (h) who,

54 having been a citizen of the United States, has not renounced his or her

55 citizenship; (i) who has stated whether he or she has ever suffered any

56 mental illness [or been confined to any hospital or institution, public

S. 2230 26 A. 2388



1 or private, for mental illness]; (j) who has not been involuntarily

2 committed to a facility under the jurisdiction of an office of the

3 department of mental hygiene pursuant to article nine or fifteen of the

4 mental hygiene law, article seven hundred thirty or section 330.20 of

5 the criminal procedure law, section four hundred two or five hundred

6 eight of the correction law, section 322.2 or 353.4 of the family court

7 act, or has not been civilly confined in a secure treatment facility

8 pursuant to article ten of the mental hygiene law; [(e)] (k) who has not

9 had a license revoked or who is not under a suspension or ineligibility

10 order issued pursuant to the provisions of section 530.14 of the crimi-

11 nal procedure law or section eight hundred forty-two-a of the family

12 court act; [(f)] (l) in the county of Westchester, who has successfully

13 completed a firearms safety course and test as evidenced by a certif-

14 icate of completion issued in his or her name and endorsed and affirmed

15 under the penalties of perjury by a duly authorized instructor, except

16 that: (i) persons who are honorably discharged from the United States

17 army, navy, marine corps or coast guard, or of the national guard of the

18 state of New York, and produce evidence of official qualification in

19 firearms during the term of service are not required to have completed

20 those hours of a firearms safety course pertaining to the safe use,

21 carrying, possession, maintenance and storage of a firearm; and (ii)

22 persons who were licensed to possess a pistol or revolver prior to the

23 effective date of this paragraph are not required to have completed a

24 firearms safety course and test; [and (g)] (m) who has not had a guardi-

25 an appointed for him or her pursuant to any provision of state law,

26 based on a determination that as a result of marked subnormal intelli-

27 gence, mental illness, incapacity, condition or disease, he or she lacks

28 the mental capacity to contract or manage his or her own affairs; and

29 (n) concerning whom no good cause exists for the denial of the license.

30 No person shall engage in the business of gunsmith or dealer in firearms

31 unless licensed pursuant to this section. An applicant to engage in such

32 business shall also be a citizen of the United States, more than twen-

33 ty-one years of age and maintain a place of business in the city or

34 county where the license is issued. For such business, if the applicant

35 is a firm or partnership, each member thereof shall comply with all of

36 the requirements set forth in this subdivision and if the applicant is a

37 corporation, each officer thereof shall so comply.

38 (a) Applications shall be made and renewed, in the case of a license

39 to carry or possess a pistol or revolver, to the licensing officer in

40 the city or county, as the case may be, where the applicant resides, is

41 principally employed or has his or her principal place of business as

42 merchant or storekeeper; and, in the case of a license as gunsmith or

43 dealer in firearms, to the licensing officer where such place of busi-

44 ness is located. Blank applications shall, except in the city of New

45 York, be approved as to form by the superintendent of state police. An

46 application shall state the full name, date of birth, residence, present

47 occupation of each person or individual signing the same, whether or not

48 he or she is a citizen of the United States, whether or not he or she

49 complies with each requirement for eligibility specified in subdivision

50 one of this section and such other facts as may be required to show the

51 good character, competency and integrity of each person or individual

52 signing the application. An application shall be signed and verified by

53 the applicant. Each individual signing an application shall submit one

54 photograph of himself or herself and a duplicate for each required copy

55 of the application. Such photographs shall have been taken within thirty

56 days prior to filing the application. In case of a license as gunsmith

S. 2230 27 A. 2388

 

1 or dealer in firearms, the photographs submitted shall be two inches

2 square, and the application shall also state the previous occupation of

3 each individual signing the same and the location of the place of such

4 business, or of the bureau, agency, subagency, office or branch office

5 for which the license is sought, specifying the name of the city, town

6 or village, indicating the street and number and otherwise giving such

7 apt description as to point out reasonably the location thereof. In such

8 case, if the applicant is a firm, partnership or corporation, its name,

9 date and place of formation, and principal place of business shall be

10 stated. For such firm or partnership, the application shall be signed

11 and verified by each individual composing or intending to compose the

12 same, and for such corporation, by each officer thereof.

13 4. Investigation. Before a license is issued or renewed, there shall

14 be an investigation of all statements required in the application by the

15 duly constituted police authorities of the locality where such applica-

16 tion is made, including but not limited to such records as may be acces-

17 sible to the division of state police or division of criminal justice

18 services pursuant to section 400.02 of this article. For that purpose,

19 the records of the appropriate office of the department of mental

20 hygiene concerning previous or present mental illness of the applicant

21 shall be available for inspection by the investigating officer of the

22 police authority. In order to ascertain any previous criminal record,

23 the investigating officer shall take the fingerprints and physical

24 descriptive data in quadruplicate of each individual by whom the appli-

25 cation is signed and verified. Two copies of such fingerprints shall be

26 taken on standard fingerprint cards eight inches square, and one copy

27 may be taken on a card supplied for that purpose by the federal bureau

28 of investigation; provided, however, that in the case of a corporate

29 applicant that has already been issued a dealer in firearms license and

30 seeks to operate a firearm dealership at a second or subsequent

31 location, the original fingerprints on file may be used to ascertain any

32 criminal record in the second or subsequent application unless any of

33 the corporate officers have changed since the prior application, in

34 which case the new corporate officer shall comply with procedures

35 governing an initial application for such license. When completed, one

36 standard card shall be forwarded to and retained by the division of

37 criminal justice services in the executive department, at Albany. A

38 search of the files of such division and written notification of the

39 results of the search to the investigating officer shall be made without

40 unnecessary delay. Thereafter, such division shall notify the licensing

41 officer and the executive department, division of state police, Albany,

42 of any criminal record of the applicant filed therein subsequent to the

43 search of its files. A second standard card, or the one supplied by the

44 federal bureau of investigation, as the case may be, shall be forwarded

45 to that bureau at Washington with a request that the files of the bureau

46 be searched and notification of the results of the search be made to the

47 investigating police authority. [The failure or refusal of the federal

48 bureau of investigation to make the fingerprint check provided for in

49 this section shall not constitute the sole basis for refusal to issue a

50 permit pursuant to the provisions of this section.] Of the remaining two

51 fingerprint cards, one shall be filed with the executive department,

52 division of state police, Albany, within ten days after issuance of the

53 license, and the other remain on file with the investigating police

54 authority. No such fingerprints may be inspected by any person other

55 than a peace officer, who is acting pursuant to his special duties, or a

56 police officer, except on order of a judge or justice of a court of

S. 2230 28 A. 2388

 

1 record either upon notice to the licensee or without notice, as the

2 judge or justice may deem appropriate. Upon completion of the investi-

3 gation, the police authority shall report the results to the licensing

4 officer without unnecessary delay.

5 5. Filing of approved applications. (a) The application for any

6 license, if granted, shall be filed by the licensing officer with the

7 clerk of the county of issuance, except that in the city of New York

8 and, in the counties of Nassau and Suffolk, the licensing officer shall

9 designate the place of filing in the appropriate division, bureau or

10 unit of the police department thereof, and in the county of Suffolk the

11 county clerk is hereby authorized to transfer all records or applica-

12 tions relating to firearms to the licensing authority of that county.

13 [The] Except as provided in paragraphs (B) through (f) of this subdivi-

14 sion, the name and address of any person to whom an application for any

15 license has been granted shall be a public record. Upon application by a

16 licensee who has changed his place of residence such records or applica-

17 tions shall be transferred to the appropriate officer at the licensee's

18 new place of residence. A duplicate copy of such application shall be

19 filed by the licensing officer in the executive department, division of

20 state police, Albany, within ten days after issuance of the license.

21 The superintendent of state police may designate that such application

22 shall be transmitted to the division of state police electronically. In

23 the event the superintendent of the division of state police determines

24 that it lacks any of the records required to be filed with the division,

25 it may request that such records be provided to it by the appropriate

26 clerk, department or authority and such clerk, department or authority

27 shall provide the division with such records. In the event such clerk,

28 department or authority lacks such records, the division may request the

29 license holder provide information sufficient to constitute such record

30 and such license holder shall provide the division with such informa-

31 tion. Such information shall be limited to the license holder's name,

32 date of birth, gender,race, residential address, social security number

33 and firearms possessed by said license holder. Nothing in this subdivi-

34 sion shall be construed to change the expiration date or term of such

35 licenses if otherwise provided for in law. Records assembled or

36 collected for purposes of inclusion in the database established by this

37 section shall be released pursuant to a court order. Records assembled

38 or collected for purposes of inclusion in the database created pursuant

39 to section 400.02 of this chapter shall not be subject to disclosure

40 pursuant to article six of the public officers law.

41 (B) Each application for a license pursuant to paragraph (a) of this

42 subdivision shall include, on a separate written form prepared by the

43 division of state police within thirty days of the effective date of the

44 chapter of the laws of two thousand thirteen, which amended this

45 section, and provided to the applicant at the same time and in the same

46 manner as the application for a license, an opportunity for the appli-

47 cant to request an exception from his or her application information

48 becoming public record pursuant to paragraph (a) of this subdivision.

49 Such forms, which shall also be made available to individuals who had

50 applied for or been granted a license prior to the effective date of the

51 chapter of the laws of two thousand thirteen which amended this section,

52 shall notify applicants that, upon discovery that an applicant knowingly

53 provided false information, such applicant may be subject to penalties

54 pursuant to section 175.30 of this chapter, and further, that his or her

55 request for an exception shall be null and void, provided that written

56 notice containing such determination is provided to the applicant.

S. 2230 29 A. 2388

 

1 Further, such forms shall provide each applicant an opportunity to spec-

2 ify the grounds on which he or she believes his or her application

3 information should not be publicly disclosed. These grounds, which shall

4 be identified on the application with a box beside each for checking, as

5 applicable, by the applicant, shall be as follows:

6 (i) the applicant's life or safety may be endangered by disclosure

7 because:

8 (A) the applicant is an active or retired police officer, peace offi-

9 cer, probation officer, parole officer, or corrections officer;

10 (B) the applicant is a protected person under a currently valid order

11 of protection;

12 © the applicant is or was a witness in a criminal proceeding involv-

13 ing a criminal charge;

14 (D) the applicant is participating or previously participated as a

15 juror in a criminal proceeding, or is or was a member of a grand jury;

16 or

17 (E) the applicant is a spouse, domestic partner or household member of

18 a person identified in this subparagraph or subparagraph (ii) of this

19 paragraph, specifying which subparagraph or subparagraphs and clauses

20 apply.

21 (ii) the applicant has reason to believe his or her life or safety may

22 be endangered by disclosure due to reasons stated by the applicant.

23 (iii) the applicant has reason to believe he or she may be subject to

24 unwarranted harassment upon disclosure of such information.

25 © Each form provided for recertification pursuant to paragraph (B)

26 of subdivision ten of this section shall include an opportunity for the

27 applicant to request an exception from the information provided on such

28 form becoming public record pursuant to paragraph (a) of this subdivi-

29 sion. Such forms shall notify applicants that, upon discovery that an

30 applicant knowingly provided false information, such applicant may be

31 subject to penalties pursuant to section 175.30 of this chapter, and

32 further, that his or her request for an exception shall be null and

33 void, provided that written notice containing such determination is

34 provided to the applicant. Further, such forms shall provide each

35 applicant an opportunity to either decline to request the grant or

36 continuation of an exception, or specify the grounds on which he or she

37 believes his or her information should not be publicly disclosed. These

38 grounds, which shall be identified in the application with a box beside

39 each for checking, as applicable, by the applicant, shall be the same as

40 provided in paragraph (B) of this subdivision.

41 (d) Information submitted on the forms described in paragraph (B) of

42 this subdivision shall be excepted from disclosure and maintained by the

43 entity retaining such information separate and apart from all other

44 records.

45 (e) (i) Upon receiving a request for exception from disclosure, the

46 licensing officer shall grant such exception, unless the request is

47 determined to be null and void, pursuant to paragraph (B) or © of this

48 subdivision.

49 (ii) A request for an exception from disclosure may be submitted at

50 any time, including after a license or recertification has been granted.

51 (iii) If an exception is sought and granted pursuant to paragraph (B)

52 of this subdivision, the application information shall not be public

53 record, unless the request is determined to be null and void. If an

54 exception is sought and granted pursuant to paragraph © of this subdi-

55 vision, the information concerning such recertification application

S. 2230 30 A. 2388



1 shall not be public record, unless the request is determined to be null

2 and void.

3 (f) The information of licensees or applicants for a license shall not

4 be disclosed to the public during the first one hundred twenty days

5 following the effective date of the chapter of the laws of two thousand

6 thirteen, which amended this section. After such period, the informa-

7 tion of those who had applied for or been granted a license prior to the

8 preparation of the form for requesting an exception, pursuant to para-

9 graph (B) of this subdivision, may be released only if such individuals

10 did not file a request for such an exception during the first sixty days

11 following such preparation; provided, however, that no information

12 contained in an application for licensure or recertification shall be

13 disclosed by an entity that has not completed processing any such

14 requests received during such sixty days.

15 (g) If a request for an exception is determined to be null and void

16 pursuant to paragraph (B) or © of this subdivision, an applicant may

17 request review of such determination pursuant to article seventy-eight

18 of the civil practice laws and rules. Such proceeding must commence

19 within thirty days after service of the written notice containing the

20 adverse determination. Notice of the right to commence such a petition,

21 and the time period therefor, shall be included in the notice of the

22 determination. Disclosure following such a petition shall not be made

23 prior to the disposition of such review.

24 9. License: amendment. Elsewhere than in the city of New York, a

25 person licensed to carry or possess a pistol or revolver may apply at

26 any time to his or her licensing officer for amendment of his or her

27 license to include one or more such weapons or to cancel weapons held

28 under license. If granted, a record of the amendment describing the

29 weapons involved shall be filed by the licensing officer in the execu-

30 tive department, division of state police, Albany. The superintendent of

31 state police may authorize that such amendment be completed and trans-

32 mitted to the state police in electronic form. Notification of any

33 change of residence shall be made in writing by any licensee within ten

34 days after such change occurs, and a record of such change shall be

35 inscribed by such licensee on the reverse side of his or her license.

36 Elsewhere than in the city of New York, and in the counties of Nassau

37 and Suffolk, such notification shall be made to the executive depart-

38 ment, division of state police, Albany, and in the city of New York to

39 the police commissioner of that city, and in the county of Nassau to the

40 police commissioner of that county, and in the county of Suffolk to the

41 licensing officer of that county, who shall, within ten days after such

42 notification shall be received by him or her, give notice in writing of

43 such change to the executive department, division of state police, at

44 Albany.

45 10. License: expiration, certification and renewal. (a) Any license

46 for gunsmith or dealer in firearms and, in the city of New York, any

47 license to carry or possess a pistol or revolver, issued at any time

48 pursuant to this section or prior to the first day of July, nineteen

49 hundred sixty-three and not limited to expire on an earlier date fixed

50 in the license, shall expire not more than three years after the date of

51 issuance. In the counties of Nassau, Suffolk and Westchester, any

52 license to carry or possess a pistol or revolver, issued at any time

53 pursuant to this section or prior to the first day of July, nineteen

54 hundred sixty-three and not limited to expire on an earlier date fixed

55 in the license, shall expire not more than five years after the date of

56 issuance; however, in the county of Westchester, any such license shall

S. 2230 31 A. 2388

 

1 be certified prior to the first day of April, two thousand, in accord-

2 ance with a schedule to be contained in regulations promulgated by the

3 commissioner of the division of criminal justice services, and every

4 such license shall be recertified every five years thereafter. For

5 purposes of this section certification shall mean that the licensee

6 shall provide to the licensing officer the following information only:

7 current name, date of birth, current address, and the make, model, cali-

8 ber and serial number of all firearms currently possessed. Such certif-

9 ication information shall be filed by the licensing officer in the same

10 manner as an amendment. Elsewhere than in the city of New York and the

11 counties of Nassau, Suffolk and Westchester, any license to carry or

12 possess a pistol or revolver, issued at any time pursuant to this

13 section or prior to the first day of July, nineteen hundred sixty-three

14 and not previously revoked or cancelled, shall be in force and effect

15 until revoked as herein provided. Any license not previously cancelled

16 or revoked shall remain in full force and effect for thirty days beyond

17 the stated expiration date on such license. Any application to renew a

18 license that has not previously expired, been revoked or cancelled shall

19 thereby extend the term of the license until disposition of the applica-

20 tion by the licensing officer. In the case of a license for gunsmith or

21 dealer in firearms, in counties having a population of less than two

22 hundred thousand inhabitants, photographs and fingerprints shall be

23 submitted on original applications and upon renewal thereafter only at

24 six year intervals. Upon satisfactory proof that a currently valid

25 original license has been despoiled, lost or otherwise removed from the

26 possession of the licensee and upon application containing an additional

27 photograph of the licensee, the licensing officer shall issue a dupli-

28 cate license.

29 (B) All licensees shall be recertified to the division of state police

30 every five years thereafter. Any license issued before the effective

31 date of the chapter of the laws of two thousand thirteen which added

32 this paragraph shall be recertified by the licensee on or before January

33 thirty-first, two thousand eighteen, and not less than one year prior to

34 such date, the state police shall send a notice to all license holders

35 who have not recertified by such time. Such recertification shall be in

36 a form as approved by the superintendent of state police, which shall

37 request the license holder's name, date of birth, gender, race, residen-

38 tial address, social security number, firearms possessed by such license

39 holder, email address at the option of the license holder and an affir-

40 mation that such license holder is not prohibited from possessing

41 firearms. The form may be in an electronic form if so designated by the

42 superintendent of state police. Failure to recertify shall act as a

43 revocation of such license. If the New York state police discover as a

44 result of the recertification process that a licensee failed to provide

45 a change of address, the New York state police shall not require the

46 licensing officer to revoke such license.

47 11. License: revocation and suspension. (a) The conviction of a licen-

48 see anywhere of a felony or serious offense or a licensee at any time

49 becoming ineligible to obtain a license under this section shall operate

50 as a revocation of the license. A license may be revoked or suspended as

51 provided for in section 530.14 of the criminal procedure law or section

52 eight hundred forty-two-a of the family court act. Except for a license

53 issued pursuant to section 400.01 of this article, a license may be

54 revoked and cancelled at any time in the city of New York, and in the

55 counties of Nassau and Suffolk, by the licensing officer, and elsewhere

56 than in the city of New York by any judge or justice of a court of

S. 2230 32 A. 2388

 

1 record; a license issued pursuant to section 400.01 of this article may

2 be revoked and cancelled at any time by the licensing officer or any

3 judge or justice of a court of record. The official revoking a license

4 shall give written notice thereof without unnecessary delay to the exec-

5 utive department, division of state police, Albany, and shall also noti-

6 fy immediately the duly constituted police authorities of the locality.

7 (B) Whenever the director of community services or his or her designee

8 makes a report pursuant to section 9.46 of the mental hygiene law, the

9 division of criminal justice services shall convey such information,

10 whenever it determines that the person named in the report possesses a

11 license issued pursuant to this section, to the appropriate licensing

12 official, who shall issue an order suspending or revoking such license.

13 © In any instance in which a person's license is suspended or

14 revoked under paragraph (a) or (B) of this subdivision, such person

15 shall surrender such license to the appropriate licensing official and

16 any and all firearms, rifles, or shotguns owned or possessed by such

17 person shall be surrendered to an appropriate law enforcement agency as

18 provided in subparagraph (f) of paragraph one of subdivision a of

19 section 265.20 of this chapter. In the event such license, firearm,

20 shotgun, or rifle is not surrendered, such items shall be removed and

21 declared a nuisance and any police officer or peace officer acting

22 pursuant to his or her special duties is authorized to remove any and

23 all such weapons.

24 12. Records required of gunsmiths and dealers in firearms. Any person

25 licensed as gunsmith or dealer in firearms shall keep a record book

26 approved as to form, except in the city of New York, by the superinten-

27 dent of state police. In the record book shall be entered at the time of

28 every transaction involving a firearm the date, name, age, occupation

29 and residence of any person from whom a firearm is received or to whom a

30 firearm is delivered, and the calibre, make, model, manufacturer's name

31 and serial number, or if none, any other distinguishing number or iden-

32 tification mark on such firearm. Before delivering a firearm to any

33 person, the licensee shall require him to produce either a license valid

34 under this section to carry or possess the same, or proof of lawful

35 authority as an exempt person pursuant to section 265.20. In addition,

36 before delivering a firearm to a peace officer, the licensee shall veri-

37 fy that person's status as a peace officer with the division of state

38 police. After completing the foregoing, the licensee shall remove and

39 retain the attached coupon and enter in the record book the date of such

40 license, number, if any, and name of the licensing officer, in the case

41 of the holder of a license to carry or possess, or the shield or other

42 number, if any, assignment and department, unit or agency, in the case

43 of an exempt person. The original transaction report shall be forwarded

44 to the division of state police within ten days of delivering a firearm

45 to any person, and a duplicate copy shall be kept by the licensee. The

46 superintendent of state police may designate that such record shall be

47 completed and transmitted in electronic form. A dealer may be granted a

48 waiver from transmitting such records in electronic form if the super-

49 intendent determines that such dealer is incapable of such transmission

50 due to technological limitations that are not reasonably within the

51 control of the dealer, or other exceptional circumstances demonstrated

52 by the dealer, pursuant to a process established in regulation, and at

53 the discretion of the superintendent. Records assembled or collected for

54 purposes of inclusion in the database created pursuant to section 400.02

55 of this article shall not be subject to disclosure pursuant to article

56 six of the public officers law. The record book shall be maintained on

S. 2230 33 A. 2388



1 the premises mentioned and described in the license and shall be open at

2 all reasonable hours for inspection by any peace officer, acting pursu-

3 ant to his special duties, or police officer. In the event of cancella-

4 tion or revocation of the license for gunsmith or dealer in firearms, or

5 discontinuance of business by a licensee, such record book shall be

6 immediately surrendered to the licensing officer in the city of New

7 York, and in the counties of Nassau and Suffolk, and elsewhere in the

8 state to the executive department, division of state police.

9 15. Any violation by any person of any provision of this section is a

10 class A misdemeanor.

11 16-a. Registration. (a) An owner of a weapon defined in paragraph (e)

12 or (f) of subdivision twenty-two of section 265.00 of this chapter,

13 possessed before the date of the effective date of the chapter of the

14 laws of two thousand thirteen which added this paragraph, must make an

15 application to register such weapon with the superintendent of state

16 police, in the manner provided by the superintendent, or by amending a

17 license issued pursuant to this section within one year of the effective

18 date of this subdivision except any weapon defined under subparagraph

19 (vi) of paragraph (g) of subdivision twenty-two of section 265.00 of

20 this chapter transferred into the state may be registered at any time,

21 provided such weapons are registered within thirty days of their trans-

22 fer into the state. Registration information shall include the regis-

23 trant's name, date of birth, gender, race, residential address, social

24 security number and a description of each weapon being registered. A

25 registration of any weapon defined under subparagraph (vi) of paragraph

26 (g) of subdivision twenty-two of section 265.00 or a feeding device as

27 defined under subdivision twenty-three of section 265.00 of this chapter

28 shall be transferable, provided that the seller notifies the state

29 police within seventy-two hours of the transfer and the buyer provides

30 the state police with information sufficient to constitute a registra-

31 tion under this section. Such registration shall not be valid if such

32 registrant is prohibited or becomes prohibited from possessing a firearm

33 pursuant to state or federal law. The superintendent shall determine

34 whether such registrant is prohibited from possessing a firearm under

35 state or federal law. Such check shall be limited to determining wheth-

36 er the factors in 18 USC 922 (g) apply or whether a registrant has been

37 convicted of a serious offense as defined in subdivision sixteen-b of

38 section 265.00 of this chapter, so as to prohibit such registrant from

39 possessing a firearm, and whether a report has been issued pursuant to

40 section 9.46 of the mental hygiene law. All registrants shall recertify

41 to the division of state police every five years thereafter. Failure to

42 recertify shall result in a revocation of such registration.

43 (B) The superintendent of state police shall create and maintain an

44 internet website to educate the public as to which semiautomatic rifle,

45 semiautomatic shotgun or semiautomatic pistol or weapon that are illegal

46 as a result of the enactment of the chapter of the laws of two thousand

47 thirteen which added this paragraph, as well as such assault weapons

48 which are illegal pursuant to article two hundred sixty-five of this

49 chapter. Such website shall contain information to assist the public in

50 recognizing the relevant features proscribed by such article two hundred

51 sixty-five, as well as which make and model of weapons that require

52 registration.

53 © A person who knowingly fails to apply to register such weapon, as

54 required by this section, within one year of the effective date of the

55 chapter of the laws of two thousand thirteen which added this paragraph

56 shall be guilty of a class A misdemeanor and such person who unknowingly

S. 2230 34 A. 2388

 

1 fails to validly register such weapon within such one year period shall

2 be given a warning by an appropriate law enforcement authority about

3 such failure and given thirty days in which to apply to register such

4 weapon or to surrender it. A failure to apply or surrender such weapon

5 within such thirty-day period shall result in such weapon being removed

6 by an appropriate law enforcement authority and declared a nuisance.

7 16-b. The cost of the software, programming and interface required to

8 transmit any record that must be electronically transmitted by the deal-

9 er or licensing officer to the division of state police pursuant to this

10 chapter shall be borne by the state.

11 § 49. The penal law is amended by adding a new section 400.02 to read

12 as follows:

13 § 400.02 Statewide license and record database.

14 There shall be a statewide license and record database which shall be

15 created and maintained by the division of state police the cost of which

16 shall not be borne by any municipality. Records assembled or collected

17 for purposes of inclusion in such database shall not be subject to

18 disclosure pursuant to article six of the public officers law. Records

19 containing granted license applications shall be periodically checked by

20 the division of criminal justice services against criminal conviction,

21 mental health, and all other records as are necessary to determine their

22 continued accuracy as well as whether an individual is no longer a

23 valid license holder. The division of criminal justice services shall

24 also check pending applications made pursuant to this article against

25 such records to determine whether a license may be granted. All state

26 agencies shall cooperate with the division of criminal justice services,

27 as otherwise authorized by law, in making their records available for

28 such checks. The division of criminal justice services, upon determining

29 that an individual is ineligible to possess a license, or is no longer a

30 valid license holder, shall notify the applicable licensing official of

31 such determination and such licensing official shall not issue a license

32 or revoke such license and any weapons owned or possessed by such indi-

33 vidual shall be removed consistent with the provisions of subdivision

34 eleven of section 400.00 of this article. Local and state law enforce-

35 ment shall have access to such database, as otherwise authorized by law,

36 in the performance of their duties. Records assembled or collected for

37 purposes of inclusion in the database established by this section shall

38 be released pursuant to a court order.

39 § 50. The penal law is amended by adding a new section 400.03 to read

40 as follows:

41 § 400.03 Sellers of ammunition.

42 1. A seller of ammunition as defined in subdivision twenty-four of

43 section 265.00 of this chapter shall register with the superintendent of

44 state police in a manner provided by the superintendent. Any dealer in

45 firearms that is validly licensed pursuant to section 400.00 of this

46 article shall not be required to complete such registration.

47 2. Any seller of ammunition or dealer in firearms shall keep a record

48 book approved as to form by the superintendent of state police. In the

49 record book shall be entered at the time of every transaction involving

50 ammunition the date, name, age, occupation and residence of any person

51 from whom ammunition is received or to whom ammunition is delivered, and

52 the amount, calibre, manufacturer's name and serial number, or if none,

53 any other distinguishing number or identification mark on such ammuni-

54 tion. The record book shall be maintained on the premises mentioned and

55 described in the license and shall be open at all reasonable hours for

56 inspection by any peace officer, acting pursuant to his or her special

S. 2230 35 A. 2388

 

1 duties, or police officer. Any record produced pursuant to this section

2 and any transmission thereof to any government agency shall not be

3 considered a public record for purposes of article six of the public

4 officers law.

5 3. No later than thirty days after the superintendent of the state

6 police certifies that the statewide license and record database estab-

7 lished pursuant to section 400.02 of this article is operational for the

8 purposes of this section, a dealer in firearms licensed pursuant to

9 section 400.00 of this article, a seller of ammunition as defined in

10 subdivision twenty-four of section 265.00 of this chapter shall not

11 transfer any ammunition to any other person who is not a dealer in

12 firearms as defined in subdivision nine of such section 265.00 or a

13 seller of ammunition as defined in subdivision twenty-four of section

14 265.00 of this chapter, unless:

15 (a) before the completion of the transfer, the licensee or seller

16 contacts the statewide license and record database and provides the

17 database with information sufficient to identify such dealer or seller,

18 transferee based on information on the transferee's identification docu-

19 ment as defined in paragraph © of this subdivision, as well as the

20 amount, calibre, manufacturer's name and serial number, if any, of such

21 ammunition;

22 (B) the system provides the licensee or seller with a unique identifi-

23 cation number; and

24 © the transferor has verified the identity of the transferee by

25 examining a valid state identification document of the transferee issued

26 by the department of motor vehicles or if the transferee is not a resi-

27 dent of the state of New York, a valid identification document issued by

28 the transferee's state or country of residence containing a photograph

29 of the transferee.

30 4. If the database determines that the purchaser of ammunition is

31 eligible to possess ammunition pursuant to state and federal laws, the

32 system shall:

33 (a) assign a unique identification number to the transfer; and

34 (B) provide the licensee or seller with the number.

35 5. If the statewide license and record database notifies the licensee

36 or seller that the information available to the database does not demon-

37 strate that the receipt of ammunition by such other person would violate

38 18 U.S.C. 922(g) or state law, and the licensee transfers ammunition to

39 such other person, the licensee shall indicate to the database that such

40 transaction has been completed at which point a record of such trans-

41 action shall be created which shall be accessible by the division of

42 state police and maintained for no longer than one year from point of

43 purchase, which shall not be incorporated into the database established

44 pursuant to section 400.02 of this article or the registry established

45 pursuant to subdivision sixteen-a of section 400.00 of this article. The

46 division of state police may share such information with a local law

47 enforcement agency. Evidence of the purchase of ammunition is not

48 sufficient to establish probable cause to believe that the purchaser has

49 committed a crime absent other information tending to prove the commis-

50 sion of a crime. Records assembled or accessed pursuant to this section

51 shall not be subject to disclosure pursuant to article six of the public

52 officers law. This requirement of this section shall not apply (i) if a

53 background check cannot be completed because the system is not opera-

54 tional as determined by the superintendent of state police, or where it

55 cannot be accessed by the practitioner due to a temporary technological

56 or electrical failure, as set forth in regulation, or (ii) a dealer or

S. 2230 36 A. 2388



1 seller has been granted a waiver from conducting such background check

2 if the superintendent of state police determines that such dealer is

3 incapable of such check due to technological limitations that are not

4 reasonably within the control of the dealer, or other exceptional

5 circumstances demonstrated by the dealer, pursuant to a process estab-

6 lished in regulation, and at the discretion of such superintendent.

7 6. If the superintendent of state police certifies that background

8 checks of ammunition purchasers may be conducted through the national

9 instant criminal background check system, use of that system by a dealer

10 or seller shall be sufficient to satisfy subdivisions four and five of

11 this section and such checks shall be conducted through such system,

12 provided that a record of such transaction shall be forwarded to the

13 state police in a form determined by the superintendent.

14 7. No commercial transfer of ammunition shall take place unless a

15 licensed dealer in firearms or registered seller of ammunition acts as

16 an intermediary between the transferor and the ultimate transferee of

17 the ammunition for the purposes of contacting the statewide license and

18 record database pursuant to this section. Such transfer between the

19 dealer or seller, and transferee must occur in person.

20 8. A seller of ammunition who fails to register pursuant to this

21 section and sells ammunition, for a first offense, shall be guilty of a

22 violation and subject to the fine of one thousand dollars and for a

23 second offense, shall be guilty of a class A misdemeanor.

24 A seller of ammunition that fails to keep any record required pursuant

25 to this section, for a first offense shall be guilty of a violation and

26 subject to a fine of five hundred dollars, and for a second offense

27 shall be guilty of a class B misdemeanor, and the registration of such

28 seller shall be revoked.

29 § 51. Section 400.10 of the penal law, as added by chapter 531 of the

30 laws of 1984, and subdivision 1 as amended and subdivision 3 as added by

31 chapter 189 of the laws of 2000, is amended to read as follows:

32 § 400.10 Report of theft or loss of a firearm, rifle or shotgun.

33 1. (a) Any owner or other person lawfully in possession of: (i) a

34 firearm, rifle or, shotgun who suffers the loss or theft of said weapon;

35 (ii) ammunition as well as a firearm, rifle or shotgun who suffers the

36 loss or theft of such ammunition as well as a firearm, rifle or shotgun;

37 or (iii) ammunition and is a dealer in firearms or seller of ammunition

38 who suffers the loss or theft of such ammunition shall within twenty-

39 four hours of the discovery of the loss or theft report the facts and

40 circumstances of the loss or theft to a police department or sheriff's

41 office.

42 (B) Whenever a person reports the theft or loss of a firearm, rifle

43 [or], shotgun or ammunition to any police department or sheriff's

44 office, the officer or department receiving such report shall forward

45 notice of such theft or loss to the division of state police via the New

46 York Statewide Police Information Network. The notice shall contain

47 information in compliance with the New York Statewide Police Information

48 Network Operating Manual, including the caliber, make, model, manufac-

49 turer's name and serial number, if any, and any other distinguishing

50 number or identification mark on the weapon.

51 2. The division of state police shall receive, collect and file the

52 information referred to in subdivision one of this section. The division

53 shall cooperate, and undertake to furnish or make available to law

54 enforcement agencies this information, for the purpose of coordinating

55 law enforcement efforts to locate such weapons.

S. 2230 37 A. 2388

 

1 3. Notwithstanding any other provision of law, a violation of para-

2 graph (a) of subdivision one of this section shall be [punishable only

3 by a fine not to exceed one hundred dollars] a class A misdemeanor.

4 § 52. The penal law is amended by adding a new section 460.22 to read

5 as follows:

6 § 460.22 Aggravated enterprise corruption.

7 A person is guilty of aggravated enterprise corruption when he or she

8 commits the crime of enterprise corruption and two or more of the acts

9 that constitute his or her pattern of criminal activity are class B

10 felonies or higher, and at least two acts are armed felonies as defined

11 in paragraph (a) of subdivision forty-one of section 1.20 of the crimi-

12 nal procedure law or one act is such an armed felony and one act is a

13 violation of subdivision two of section 265.17 of this chapter or one

14 act is a class B violent felony and two are violations of subdivision

15 two of section 265.17 of this chapter.

16 Aggravated enterprise corruption is a class A-I felony.

17 § 53. The surrogate's court procedure act is amended by adding a new

18 section 2509 to read as follows:

19 § 2509. Firearms inventory

20 Whenever, by regulation, rule or statute, a fiduciary or attorney of

21 record must file a list of assets constituting a decedent's estate, such

22 list must include a particularized description of every firearm, shotgun

23 and rifle, as such terms are defined in section 265.00 of the penal law,

24 that are part of such estate. Such list must be filed with the surro-

25 gate's court in the county in which the estate proceeding, if any, is

26 pending and a copy must be filed with the division of criminal justice

27 services.

28 § 54. Section 18 of chapter 408 of the laws of 1999, constituting

29 Kendra's Law, as amended by chapter 139 of the laws of 2010, is amended

30 to read as follows:

31 § 18. This act shall take effect immediately, provided that section

32 fifteen of this act shall take effect April 1, 2000, provided, further,

33 that subdivision (e) of section 9.60 of the mental hygiene law as added

34 by section six of this act shall be effective 90 days after this act

35 shall become law; and that this act shall expire and be deemed repealed

36 June 30, [2015] 2017.

37 § 55. The education law is amended by adding a new section 2801-b to

38 read as follows:

39 § 2801-b. New York state school safety improvement teams. The gover-

40 nor shall establish New York state school safety improvement teams,

41 which may be composed of representatives from the division of homeland

42 security and emergency services, the division of state police, the divi-

43 sion of criminal justice services, and the department. Such New York

44 State School Safety Improvement Teams shall review and assess school

45 safety plans submitted, on a voluntary basis, by school districts having

46 a population of less than one hundred twenty-five thousand inhabitants,

47 boards of cooperative educational services, and county vocational educa-

48 tion and extension boards, and may make recommendations to improve such

49 school safety plans.

50 § 56. Subdivision 6-c of section 3602 of the education law, as amended

51 by section 1 of part A-2 of chapter 62 of the laws of 2003, is amended

52 to read as follows:

53 6-c. a. Building aid for metal detectors, and safety devices for elec-

54 trically operated partitions, room dividers and doors. In addition to

55 the apportionments payable to a school district pursuant to subdivision

56 six of this section, the commissioner is hereby authorized to apportion

S. 2230 38 A. 2388

 

1 to any school district additional building aid pursuant to this subdivi-

2 sion for its approved expenditures in the base year for the purchase of

3 stationary metal detectors, security cameras, safety devices for elec-

4 trically operated partitions and room dividers required pursuant to

5 section four hundred nine-f of this chapter, or other security devices

6 approved by the commissioner that increase the safety of students and

7 school personnel, provided, however, that funds apportioned to school

8 districts pursuant to this section shall not supplant funds for existing

9 district expenditures or for existing contractual obligations of the

10 district for stationary metal detectors, security cameras, partition and

11 room divider safety devices, or security devices. Portable or hand held

12 metal detectors shall not be eligible for aid pursuant to this subdivi-

13 sion. Such additional aid shall equal the product of the building aid

14 ratio computed for use in the current year pursuant to paragraph c of

15 subdivision six of this section and the actual approved expenditures

16 incurred in the base year pursuant to this subdivision, provided that

17 the limitations on cost allowances prescribed by paragraph a of subdivi-

18 sion six of this section shall not apply. The commissioner shall annual-

19 ly prescribe a special cost allowance for metal detectors, and security

20 cameras, and the approved expenditures shall not exceed such cost allow-

21 ance. The commissioner shall annually prescribe a special cost allowance

22 for partition and room divider safety devices, and the approved expendi-

23 tures shall not exceed such cost allowance.

24 b. For projects approved by the commissioner authorized to receive

25 additional building aid pursuant to this subdivision for the purchase of

26 stationary metal detectors, security cameras or other security devices

27 approved by the commissioner that increase the safety of students and

28 school personnel, provided that for purposes of this paragraph such

29 other security devices shall be limited to electronic security systems

30 and hardened doors, and provided that for projects approved by the

31 commissioner on or after the first day of July two thousand thirteen and

32 before the first day of July two thousand sixteen such additional aid

33 shall equal the product of (i) the building aid ratio computed for use

34 in the current year pursuant to paragraph c of subdivision six of this

35 section plus ten percentage points, except that in no case shall this

36 amount exceed one hundred percent, and (ii) the actual approved expendi-

37 tures incurred in the base year pursuant to this subdivision, provided

38 that the limitations on cost allowances prescribed by paragraph a of

39 subdivision six of this section shall not apply, and provided further

40 that any projects aided under this paragraph must be included in a

41 district's school safety plan. The commissioner shall annually prescribe

42 a special cost allowance for metal detectors, and security cameras, and

43 the approved expenditures shall not exceed such cost allowance.

44 § 57. Severability. If any clause, sentence, paragraph, section or

45 part of this act shall be adjudged by any court of competent jurisdic-

46 tion to be invalid and after exhaustion of all further judicial review,

47 the judgment shall not affect, impair or invalidate the remainder there-

48 of, but shall be confined in its operation to the clause, sentence,

49 paragraph, section or part of this act directly involved in the contro-

50 versy in which the judgment shall have been rendered.

51 § 58. This act shall take effect immediately; provided, however, that:

52 a. Sections one, two, three, four, five, six, seven, eight, nine, ten,

53 eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eigh-

54 teen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-

55 four, twenty-five, twenty-six, twenty-six-a, twenty-seven, twenty-eight,

56 twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four,

S. 2230 39 A. 2388



1 thirty-five, thirty-six, thirty-nine, forty, forty-one, forty-one-a,

2 forty-one-b, forty-two, forty-three, forty-five, forty-six, forty-six-a,

3 forty-seven, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five,

4 and fifty-six of this act shall take effect on the sixtieth day after it

5 shall have become a law;

6 b. The amendments to subdivision 23 of section 265.00 of the penal law

7 made by section thirty-eight of this act shall take effect on the nine-

8 tieth day after this act shall have become a law, except that the amend-

9 ments made to paragraph (a) of subdivision 23 shall take effect imme-

10 diately;

11 c. The amendments to subdivision 1, paragraph (a) of subdivision 3,

12 and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the

13 penal law made by section forty-eight of this act shall take effect one

14 year after this act shall have become a law;

15 d. The amendments to subdivision 16-a of section 400.00 of the penal

16 law made by section forty-eight of this act shall take effect on the

17 ninetieth day after this act shall have become a law;

18 e. The amendments to sections 400.02 and 400.03 of the penal law made

19 by sections forty-nine and fifty of this act shall take effect one year

20 after it shall have become a law; and

21 f. The amendments to subdivision (B) of section 9.47 and sections 9.48

22 and 9.60 of the mental hygiene law made by sections twenty-one, twenty-

23 two and twenty-three of this act shall not affect the expiration and

24 repeal of such paragraph and sections and shall be deemed repealed ther-

25 ewith.

SPONSORS MEMO:

NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

 

BILL NUMBER: S2230

 

SPONSOR: KLEIN

 

TITLE OF BILL:

An act to amend the criminal procedure law, the correction law, the

family court act, the executive law, the general business law, the judi-

ciary law, the mental hygiene law, the penal law and the surrogate's

court procedure act, in relation to suspension and revocation of

firearms licenses; private sale or disposal of firearms, rifles or shot-

guns and establishing a minimum age to possess a firearm; to amend the

family court act, the domestic relations law and the criminal procedure

law, in relation to providing for the mandatory suspension or revocation

of the firearms license of a person against whom an order of protection

or a temporary order of protection has been issued under certain circum-

stances, or upon violation of any such order; to amend the penal law, in

relation to community guns and the criminal sale of a firearm and in

relation to the definitions of aggravated and first degree murder; to

amend chapter 408 of the laws of 1999 constituting Kendra's Law, in

relation to extending the expiration thereof; and to amend the education

law, in relation to the New York state school safety improvement teams;

and in relation to building aid for metal detectors and safety devices

 

 

PURPOSE:

This legislation will protect New Yorkers by reducing the availability

of assault weapons and deterring the criminal use of firearms while

promoting a fair, consistent and efficient method of ensuring that

sportsmen and other legal gun owners have full enjoyment of the guns to

which they are entitled. A thoughtful network of laws provides the

toughest, most comprehensive and balanced answer in the nation to gun

violence. Through this legislation, New York is the first in the nation

to completely ban all pre-1994 high capacity magazines; to ban any maga-

zine that holds more than seven rounds (rather than a limit of ten) and

to both track ammunition purchases in real time to permit alerts on high

volume buyers, while also checking on the buyer's background.

In a range of reforms the bill attends to the weaknesses in the

state's current regulatory structure to bring a consistency and ration-

ality that must be the cornerstone of a safe society. A single standard

across the State will ensure that legal gun owners obtain their licenses

expeditiously while those prohibited are denied that privilege. A state-

wide database will keep the registry current and guard against the

dangerous or unstable possessing guns. New rules will close a loophole

that excludes private sales of guns from a federal background check;

tighten provisions governing gun ownership by persons with serious

mental illness; require safe storage of guns for gun owners who live

with someone who has been convicted of certain crimes, is under an order

of protection, or who has been involuntarily committed as a result of a

mental illness. The bill also creates new and enhanced penalties for

illegal gun use, and enhances protections for victims of domestic

violence by requiring the firearm surrenders and gun license suspension

and revocation in cases where an order of protection has been issued.

 

 

SUMMARY OF PROVISIONS:

 

Assault Weapons

 

Section 37 of the bill amends Penal Law § 265.00(22) in order to

strengthen New York's assault weapon ban, expanding its reach and making

it easier to enforce. The proposed amendments replace the existing ban

consisting of and a "two-feature" test adopted from the now-expired

federal assault weapons ban with a clearer "one-feature" test. The

"two-feature" test bans any gun that is semi-automatic, has a detachable

magazine (in the case of pistols and rifles), and possesses two features

that are commonly associated with military weapons. The "one-feature"

test would ban semi-automatic guns with detachable magazines that

possess one feature commonly associated with military weapons. This

section also adds to the list of "features" that characterize a banned

weapon.

Within one year of the effective date, all weapons defined as assault

weapons under the new "one-feature" test, as well as weapons grandfa-

thered in under the original assault weapons ban, must be registered.

Current owners of these banned weapons may transfer the weapons only to

a firearms dealer or transfer to an out of state buyer. All registered

owners will be subject to a review of disqualifiers by the State Police.

 

Ammunition

 

Section 38 of the bill amends Penal Law § 265.00(23) to ban all large

capacity magazines that have the capacity to hold more than ten rounds

of ammunition including those that were grandfathered in under the

original assault weapons ban and creates a new ban on magazines that

hold more than seven rounds of ammunition. Magazines that can hold more

than seven rounds but not more than ten rounds and are currently

possessed will be grandfathered in, but may only contain seven rounds of

ammunition. Exceptions are made for large capacity magazines that are

curios or relics.

Section 39 also adds a new section to Penal Law § 265.00 to define

seller of ammunition.

Section 50 of the bill enhances control over sales of ammunition by

adding a new Penal Law § 400.03 requiring (1) that sellers of ammunition

register with the superintendent of the State police (2) that prior to a

sale of ammunition, a seller must run the buyer through a State-created

review of disqualifiers to ensure that the buyer is not prohibited by

law from possessing ammunition, and (3) that ammunition sales are elec-

tronically accessible to the State. In addition, to prevent from

purchasing ammunition, the bill requires that any ammunition sold

commercially must be conducted by a seller that can perform a background

check.

 

Licensing

 

Section 49 creates a new Penal Law § 400.02 establishing a statewide

gun license and record database. Section 18 amends Section 212 of the

Judiciary Law to require that records submitted to the Federal Bureau of

Investigation regarding individuals for whom a guardian has been

appointed be transmitted to the State and checked against the statewide

gun license and record database.

Several sections of the bill strengthen statutory provisions related

to the licensing of firearms, shotguns, and rifles. Section 1 amends

Criminal Procedure Law (CPL) § 330.20 to require the revocation of any

gun license from and the surrender of any gun by a defendant upon an

entry of a verdict of not responsible by reason of mental disease or

defect, upon the acceptance of a plea of not responsible by reason of

mental disease or defect, or upon a finding that a defendant is an inca-

pacitated person pursuant to the CPL. Section 2 adds a new section to

the CPL that requires a sentencing judge to demand surrender of a gun

license or registration and all guns possessed by the defendant upon

judgment of conviction for an offense that requires the seizure of a gun

and the revocation of a gun license or registration. Sections 4 through

16 amend the Family Court Act, the Domestic Relations Law and the CPL to

require, under certain circumstances, the mandatory suspension or revo-

cation of the firearms license of a person against whom an order of

protection or a temporary order of protection has been issued.

Section 48 of the bill amends the Penal Law to require that every

county recertify a gun license holder's license every five years. Fail-

ure to recertify during this five year period equates to revocation of

the license. The section also adds bases for denial of a license to an

applicant, including connection of a felony or serious offense, being

presently subject to an order of protection; and expands the criteria

for denial based on an applicant's history of mental illness.

 

Private Sales

 

Under current New York law, background checks on gun purchasers are

required for all purchases of guns from gun dealers and at gun shows.

Section 17 will expand this requirement by adding a new article to the

General Business Law requiring background checks to be completed for all

gun sales, except for immediate family. Thus private sellers may trans-

fer a gun only if the buyer has obtained a federal "NICS" check.

Further, dealers must maintain records of private sale background

checks, and private sellers may charge a fee of up to $10 on a trans-

action. Transfers between immediate family members will be exempt from

the requirements of this section.

 

Safe Storage

 

To prevent, among other things, unauthorized and unlicensed use of

guns, section 47 of the bill adds a new Penal Law § 265.45 establishing

safe storage requirements for rifles, shotguns and firearms. Under this

new section, a gun owner who lives with someone who the owner has reason

to know is prohibited from possessing a gun because the prohibited

person has been convicted of a crime punishable by a term of imprison-

ment exceeding one year, has been adjudicated mentally defective or

committed to a mental institution, is subject to a court order of

protection or has been convicted of a misdemeanor crime of domestic

violence whose sentence has been completed in the last five years must,

when the gun is out of the owner's immediate control, keep the gun

secured in a safe storage depository (for example, a safe or similar

secure container with a lock that can be opened only with a key or

combination, or other locking mechanism) or render it incapable of being

fired by putting a safety lock on the gun.

 

Provisions Related to Persons with Mental Illness

 

Amendments to the Mental Hygiene Law will help ensure that persons who

are mentally ill and dangerous cannot retain or obtain a firearm.

First, mental health records that are currently sent to NIDCS for a

federal background check will also be housed in a New York State data-

base. A new Section 9.46 of the Mental Hygiene Law will require mental

health professionals, in the exercise of reasonable professional judg-

ment, to report if an individual they are treating is likely to engage

in conduct that will cause serious harm to him- or herself or others. A

good faith decision about whether to report will not be a basis for any

criminal or civil liability. When a Section 9.46 report is made, the

Division of Criminal Justice Services will determine whether the person

possesses a firearms license and, if so, will notify the appropriate

local licensing official, who must suspend the license. The person's

firearms will then be removed.

The bill extends Kendra's Law through 2017 and amends the law by:

extending the duration of the initial assisted out-patient treatment

order from 6 months to one year; requiring a review before the assisted

out-patient treatment order for a mentally ill inmate is terminated;

requiring an assisted out-patient treatment order to follow a person

from one county to another if he or she changes residence; and will

require the Office of Mental Hygiene (OMH) to conduct an assisted out-

patient treatment assessment with a state prisoner is being discharged

to the community from and OHM hospital.

 

New and Enhanced Criminal Penalties

 

Several sections of the bill create new and enhanced penalties for

illegal gun use. Sections 33 through 36, known as "Mark's Law," will

include the intentional murder of certain first responders in the Class

A-1 felonies of murder in the first degree and aggravated murder. The

mandatory penalty for a conviction of aggravated murder is life without

parole.

A new Penal Law Section 460.22, aggravated enterprise corruption,

recognizes the significant threat to public safety posed by organized

violent gangs and their illegal purchases of weapons by creating an A-1

felony for cases when members of the enterprise commit certain combina-

tions of offenses. Those combinations are: first, a pattern of criminal

activity that constitutes Class B felonies or higher, and at least two

of those acts are armed felonies; or second, one act is a Class B

violent felony and two acts constitute a violation of the newly added

Section 265.17 (3) which prohibits the purchase on behalf of or disposal

of a weapon to an individual who is prohibited by law from possessing

such a weapon. This provision also addresses the issue of "straw

purchasers" where individuals who are not prohibited by law to purchase

weapons do so for others, for example, gang members who may not possess

a weapon because of a prior conviction or other disability under law.

Section 41 increases the penalty for possession of a firearm on school

grounds or on a school bus from a misdemeanor to a Class E Felony.

Section 41-a creates a new subdivision of criminal possession of a weap-

on in the third degree, a Class D violent felony, when a person

possesses an unloaded firearm and also commits a drug trafficking felony

or possesses an unloaded firearm and also commits any violent felony as

part of the same criminal transaction. The mandatory minimum sentence

for these new Class D felonies is a three and one-half year determinate

sentence, although the court may consider mitigating factors and impose

a lesser sentence in some limited circumstances involving drug traffick-

ing.

Section 45 creates the crime of aggravated criminal possession of a

weapon, a Class C felony, which is committed when one possesses a loaded

firearm under § 255.03 of the Penal Law and also commits any violent

felony offense or a drug trafficking felony. The minimum mandatory

sentence is 5 years.

Section 32 amends Penal Law § 120.05 by adding a new subdivision 4-a

to create the crime of assault in the second degree when a person reck-

lessly causes physical injury to a child by the intentional discharge of

a firearm, rifle or shotgun.

Section 43 amends Penal Law § 265.17 to include criminal sale or

disposal of a weapon by providing a firearm, rifle or shotgun to a

person knowing he or she is prohibited by law from possessing such

 

firearm, rifle or shotgun. The penalty is raised from a Class A misde-

meanor to a Class D felony.

Section 31 adds Penal Law § 115.20 making it a Class A misdemeanor to

make available, sell, exchange, give or dispose of a community gun that

aids a person in committing a crime. A community gun is defined as one

that is made available to among or between two or more persons at least

one of whom is not authorized pursuant to law to possess such firearm.

 

Safer Schools

 

The bill adds a new Section 2801-b to the Education Law to establish

New York State School Safety Improvement Teams to review, assess, and

make recommendations on School Safety Plans submitted by school

districts on a voluntary basis. Section 3602 of the Education Law is

amended to allow school districts that purchase various security devices

included in their School Safety Plans to receive state building aid

reimbursement at a rate ten percent higher than their current building

aid ratio. Section 55 is the severability clause, and Section 56 estab-

lishes the effective date.

 

 

EXISTING LAW:

This bill amends the Correction Law, the Criminal Procedure Law, the

Domestic Relations Law, the Executive Law, the Family Court Act, the

General Business Law, the Judiciary Law, Kendra's Law (Section 18 of

Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the Laws

of 2010), the Mental Hygiene Law, the Penal Law, and the Surrogates

Court Act.

 

 

STATEMENT IN SUPPORT:

In the wrong hands, guns are weapons of untold destruction and heart-

break: family and community members are taken from us in an instant;

mass shootings shatter our sense of safety in public spaces; street

crimes plague our neighborhoods. Nationwide, gun violence claims over

30,000 lives annually.

While the Second Amendment protects the right to keep and bear arms,

the Supreme Court has said that that right is "not unlimited." District

of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the Heller

case, the Supreme Court explained, "nothing in our opinion should be

taken to cast doubt on longstanding prohibitions on the possession of

firearms by felons and the mentally ill, or laws forbidding the carrying

of firearms in sensitive places such as schools and government build-

ings, or laws imposing conditions and qualifications on the commercial

sale of arms." 554 U.S. at 626-27. The Court also recognized there is a

"historical tradition of prohibiting the carrying of 'dangerous and

unusual' weapons." Id. This piece of legislation heeds the guidance of

the Supreme Court by refining and improving the assault weapon ban and

increasing the safety of New Yorkers while observing the protections of

the Second Amendment.

Some weapons are so dangerous and some ammunition devices so lethal

that we simply cannot afford to continue selling them in our state.

Assault weapons that have military-style features unnecessary for hunt-

ing and sporting purposes are this kind of weapon. The test adopted in

this legislation is intended to bring a simplicity of definition focus-

ing on the lethality of the weapon, amplified by the particular

features. Given the difficulty of maintaining a list of guns that keeps

pace with changes in weapon design, the one-feature test is a more

comprehensive means for addressing these dangerous weapons.

 

Ammunition

 

The state's previous ban against high capacity magazines faltered

because it was impossible to tell the difference between magazines manu-

factured before or after the effective date of the ban. This bill

prohibits possession of all magazines with the capacity to contain more

than ten rounds, regardless of the date of manufacture. Going forward,

individuals will only be able to obtain magazines that can contain up to

seven rounds. Those who currently possess magazines that can contain

more than seven rounds will only be permitted to maintain up to seven

rounds in such magazines.

The new law also provides a mechanism to identify individual who

purchase unusually high volumes of ammunition, either in person or over

the Internet. Sellers must run the buyer's name through a State database

modeled after the federal "NICS" database to ensure the buyer is not

prohibited by law from possessing ammunition. Ammunition sellers are

also required to electronically file with the State records of each

ammunition sale, including amount sold.

In order to prevent circumvention of these new controls, this bill

requires that any seller--whether located in New York or out of state-

ship the ammunition to a dealer within New York for in-person pick-up.

The dealer is required to maintain records of the ammunition sale and to

perform a State review of disqualifiers. Direct shipment of ammunition

without a face-to-face transaction prevents a seller from being able to

adequately confirm the identity of a buyer through the in-person

inspection of a valid photo ID. Without adequate confirmation of a

buyer's identity, the benefits of background checks and record keeping

are completely circumvented. A law requiring all ammunition sales to

culminate in a face-to-face transfer, thereby allowing for effective

confirmation of purchaser identity and corresponding background check,

is consistent with this scheme.

 

Licensing

 

Currently in New York State, outside of New York City, Westchester,

Nassau and Suffolk Counties, a gun license never expires. Lack of a

renewal procedure means there is no periodic review of a licensee's

qualifications. Thus, if a license holder becomes disqualified from

carrying a gun subsequent to obtaining a license, he or she will likely

retain the license. This law requires every license holder to recertify

the licensee's gun license every five years. Failure of a licensee to

have his or her license recertified will result in revocation of the

license.

In addition, in order to ensure that legal gun license holders receive

their licenses as swiftly as possible and to ensure the swift and accu-

rate ability to match license holders with disqualifying events such as

a felony conviction, the bill establishes an electronic license and

record database. The electronic database will permit regular matching by

the State against records of prohibited persons (e.g., those with crimi-

nal histories, orders of protection, and mental illnesses that bar gun

ownership and licensing) as well as against other databases such as

death records to ensure that New York's license records are up to date.

Furthermore, orders of protection are intended to protect victims of

domestic violence from their abusers and prevent violent crimes from

occurring. This bill enhances protections for victims of domestic

violence by strengthening the provisions regarding the possession and

surrender of firearms and the suspension and revocation of, and ineligi-

bility for, licenses by individuals who are the respondents in an order

of protection. The bill makes changes to the Family Court Act to conform

to the 2007 amendments made to the CPL.

 

Private Gun Sales

 

Under current New York law, background checks on purchasers are

required for all purchases of guns from gun dealers and at gun shows,

however, individuals that purchase guns through private sellers are not

required to undergo background checks. This bill requires background

checks for all gun sales, including private sales, ensuring that other-

wise disqualified individuals cannot circumvent the law by obtaining

guns buying from a private seller.

 

Safe Storage

 

To prevent unauthorized possession and use of guns, this bill requires

anyone who owns a gun or who lives with someone who the owner has reason

to know is disqualified from possessing a gun under certain provisions

of federal law to secure any gun in a safe storage depository or render

it incapable of being fired by putting a safety lock on the gun if it is

to be outside the owner's direct control.

 

Persons with Mental Illness

 

This bill adds provisions to revoke or suspend licenses of individuals

with mental illness who, in the opinion of mental health professionals

would pose a danger to themselves or others should they possess guns.

The bill also extends and expands Kendra's Law to provide additional

out-patient treatment services to persons with mental illness.

 

New and Enhanced Criminal Penalties

 

The new and amended sections of the Penal Law are focused on the meth-

ods by which gun violence is often carried out in our communities,

giving law enforcement better tools to punish and deter such conduct. As

the presence of illegal guns on our streets endangers the welfare of

entire communities, these provisions ensure appropriate penalties for

making guns available to prohibited persons, as well as putting our

children at risk by, among other dangerous and illegal activities,

possessing guns near school grounds. In addition, recognizing the wide-

spread violence caused by gang activity, the bill establishes penalties

for participation in gang activity resulting in the commission of a

violent crime.

The bill also contains new provisions acknowledging the danger that

our first responders face every day as they protect other New Yorkers by

establishing an enhanced penalty for knowingly causing the death of a

first responder in the course of his or her duties.

 

 

LEGISLATIVE HISTORY:

New proposal.

 

 

BUDGET IMPLICATIONS:

Any costs related to this bill will be paid out of the Division of

State Police capital budget.

 

 

EFFECTIVE DATE:

The bill will take effect immediately except where otherwise provided.



And thats it. the whole ugly monster, with the possability that I may have missed a page number or two. Feel free to comment now.

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Yeah they have a Month to alter and edit it...

 

theres not point in planning anything until it becomes permanent.

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Correction....there is maybe no point "doing" anything at the moment, as things may change....but "planning" ( with alternates, ie "contingency planning")....can be done ahead of time.

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In the meantime, I'm looking for all kinds of 10 rd magazines to buy....but the stores are all empty.

 

- Saiga or Tapco 10 rd ( 5.45 x 39 cal)....

 

- Colt Cadet 22LR pistol

 

- Beretta Neos 22LR pistol

 

....anyone? The NYS law ( as currently written)..... now grandfathers pre-owned 10 rd mags. New 10 rd mags can be purchased until April 15, 2013....after which only 7 rd mags can be purchased. Seeing that the stores are all empty now.... is pinching me on both ends of the timeline. Can anyone help?

Edited by IPSC45

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Those of us outside new york can simply stop doing business (if possible) with entities in new york, and if questioned why, cite that the governor is a douchebag.

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I don't see how this helps shooters in NYS...there wasn't much here to begin with to "block" doing business with......this is a business-unfriendly state besides all its other ills.

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Correction....there is maybe no point "doing" anything at the moment, as things may change....but "planning" ( with alternates, ie "contingency planning")....can be done ahead of time.

Its too fluid, and anything you plan can still be ruined at this point. you need something solid to work with.

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The only halfway safe option would be to sell the stuff to a really good friend outside New Yuck with the expectation that you will buy them back later.

 

I know, FFL transfer fees are a beeeeyotch.

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Somebody, please...help me locate magazines that I inquired about. You can't "plan" when you need to act...the "plan" ( or multiple planS)....need to be in your hip pocket ahead of time.

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I have two original 10rd XD-9mm mags, I don't think they have ever been shot, I will trade if that will help anyone. We should start a thread dedicated to helping our brothers and sisters in NY, and not allow it to become a place fo them to taken advantage of.....somehow. proly a stupid idea but I really do want to help if I can.

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Appreciate your kind offer to help, AA re-cvrd. Not sure how this would work, but "thanks".......

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