Gun Bill Repealer

7/29/2019 Gun Bill Repealer

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STATE OF NEWYORK

________________________________________________________________________

3948

2013-2014 RegularSessions

IN SENATE

February 28, 2013___________

Introduced by Sens. MARCHIONE, BOYLE -- readtwice and ordered printed,

and when printed to be committed to theCommittee on Judiciary

AN ACT to amend the family court act, inrelation to the suspension and

revocation of a license to carryfirearms; to amend the domestic

relations law, in relation to orders ofprotection; to amend the penal

law, in relation to the applicability ofcertain provisions of the

penal law, large capacity ammunitionfeeding devices, and gun

licenses; to amend section 58 of chapter 1 ofthe laws of 2013 amend-

ing the criminal procedure law and otherlaws relating to suspension

and revocation of firearms licenses;private sale or disposal of

firearms, rifles or shotguns and establishinga minimum age to possess

a firearm, in relation to theeffectiveness thereof; and to repeal


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article 39-DDD of the general business lawrelating to the private

sale or disposal of firearms, rifles andshotguns, section 9.46 of the

mental hygiene law relating to reports of

substantial risk or threatof harm by mental health professionals,

sections 37, 38, 46 and 51 ofchapter 1 of the laws of 2013, amending the

criminal procedure law andother laws relating to suspension and

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

rifles or shotguns and estab-lishing a minimum age to possess a firearm

relating to gun control,

section 265.01-b of the penal law relating tocriminal possession of a

firearm, section 265.36 of the penallaw relating to unlawful

possession of a large capacity ammunitionfeeding device, 265.37 of

the penal law relating to unlawfulpossession of certain ammunition

feeding devices, 265.45 of the penal lawrelating to the safe storage

of rifles, shotguns, and firearms, 400.02 ofthe penal law relating tothe statewide license and record database

and 400.03 of the penal lawrelating to sellers of ammunition, and

section 2509 of the surrogate'scourt procedure act relating to a firearms

inventory

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 beomitted.

LBD09316-03-3


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S. 3948 2

1 Section 1. Section 446-a of the family court

act, as added by chapter2 1 of the laws of 2013, is amended to read as

follows:3 446-a. Firearms; surrender and license

suspension, revocation and4 ineligibility. Upon the issuance of an order of

protection or temporary5 order of protection, or upon a violation of

such order, the court shall6 make a determination regarding the suspension

[and] and/or revocation of7 a license to carry, possess, repair or dispose

of a firearm or firearms,8 ineligibility for such a license and the

surrender of firearms in9 accordance with section eight hundred forty-

two-a of this act.10 2. Section 552 of the family court act, as

added by chapter 1 of the11 laws of 2013, is amended to read as follows:12 552. Firearms; surrender and license





of a firearm or firearms,17 ineligibility for such a license and the

surrender of firearms in

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

19 3. Section 656-a of the family court act,as added by chapter 1 of

20 the laws of 2013, is amended to read asfollows:

21 656-a. Firearms; surrender and license


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suspension, revocation and22 ineligibility. Upon the issuance of an order

of protection or temporary23 order of protection, or upon a violation of

such order, the court shall

24 make a determination regarding the suspension[and] and/or revocation of

25 a license to carry, possess, repair or disposeof a firearm or firearms,

26 ineligibility for such a license and thesurrender of firearms in


28 4. Section 780-a of the family court act,as added by chapter 1 of

29 the laws of 2013, is amended to read as

follows:30 780-a. Firearms; surrender and license





of a firearm or firearms,35 ineligibility for such a license and thesurrender of firearms in


37 5. Paragraph h of subdivision 3 ofsection 240 of the domestic

38 relations law, as amended by chapter 1 of thelaws of 2013, is amended

39 to read as follows:40 h. Upon issuance of an order of

protection or temporary order of41 protection or upon a violation of such order,

the court shall make a42 determination regarding the suspension

[and] and/or revocation of a43 license to carry, possess, repair or dispose of

a firearm or firearms,44 ineligibility for such a license and the


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surrender of firearms in45 accordance with sections eight hundred forty-

two-a and eight hundred46 forty-six-a of the family court act, as

applicable. Upon issuance of an

47 order of protection pursuant to this section orupon a finding of a

48 violation thereof, the court also may directpayment of restitution in

49 an amount not to exceed ten thousand dollars inaccordance with subdivi-

50 sion (e) of section eight hundred forty-oneof such act; provided,

51 however, that in no case shall an order ofrestitution be issued where

52 the court determines that the party against

whom the order would be53 issued has already compensated the injured

party or where such compen-54 sation is incorporated in a final judgment or

settlement of the action.55 6. Subdivision 9 of section 252 of the

domestic relations law, as56 amended by chapter 1 of the laws of 2013, is

amended to read as follows:

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1 9. Upon issuance of an order ofprotection or temporary order of

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

3 determination regarding the suspension[and] and/or revocation of a

4 license to carry, possess, repair or dispose ofa firearm or firearms,

5 ineligibility for such a license and thesurrender of firearms in

6 accordance with sections eight hundred forty-two-a and eight hundred

7 forty-six-a of the family court act, asapplicable. Upon issuance of an

8 order of protection pursuant to this section or


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upon a finding of a9 violation thereof, the court also may direct

payment of restitution in10 an amount not to exceed ten thousand dollars in

accordance with subdivi-

11 sion (e) of section eight hundred forty-oneof such act; provided,

12 however, that in no case shall an order ofrestitution be issued where

13 the court determines that the party againstwhom the order would be

14 issued has already compensated the injuredparty or where such compen-

15 sation is incorporated in a final judgment orsettlement of the action.

16 7. Article 39-DDD of the general business

law is REPEALED.17 8. Section 9.46 of the mental hygiene law

is REPEALED.18 9. Sections 37, 38, 46 and 51 of chapter 1

of the laws of 2013,19 amending the criminal procedure law and other

laws relating to suspen-20 sion and revocation of firearms licenses;

private sale or disposal of21 firearms, rifles or shotguns and establishing a

minimum age to possess a22 firearm are REPEALED.23 10. The opening paragraph of subdivision a

of section 265.20 of the24 penal law, as amended by chapter 496 of the

laws of 1991, is amended to25 read as follows:26 Sections 265.01, 265.01-a, 265.02,

265.03, 265.04, 265.05, 265.10,27 265.11, 265.12, 265.13, 265.15 and 270.05 shall

not apply to:

28 11. Sections 265.01-b, 265.36, 265.37,265.45, 400.02 and 400.03 of

29 the penal law are REPEALED.30 12. Subdivision 8 of section 265.02 of the

penal law, as amended by31 chapter 1 of the laws of 2013, is amended to

read as follows:32 (8) Such person possesses a large capacity


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ammunition feeding device[.33 For purposes of this subdivision, a large

capacity ammunition feeding34 device shall not include an ammunition feeding

device lawfully possessed

35 by such person before the effective date ofthe chapter of the laws of36 two thousand thirteen which amended this

subdivision, that has a capaci-37 ty of, or that can be readily restored or

converted to accept more than38 seven but less than eleven rounds of

ammunition, or that was manufac-39 tured before September thirteenth, nineteen

hundred ninety-four, that40 has a capacity of, or that can be

readily restored or converted to41 accept, more than ten rounds of ammunition];

or42 13. Subdivisions 5, 10, 12, 16-a and 16-b

of section 400.00 of the43 penal law, subdivisions 5, 10 and 12 as

amended and subdivisions 16-a44 and 16-b as added by chapter 1 of the laws of

2013, are amended to read45 as follows:46 5. Filing of approved applications.

[(a)] The application for any47 license, if granted, shall be filed by the

licensing officer with the48 clerk of the county of issuance, except

that in the city of New York49 and, in the counties of Nassau and Suffolk, the

licensing officer shall50 designate the place of filing in the

appropriate division, bureau or51 unit of the police department thereof, and in

the county of Suffolk the

52 county clerk is hereby authorized totransfer all records or applica-

53 tions relating to firearms to the licensingauthority of that county.

54 [Except as provided in paragraphs (b)through (f) of this subdivision,

55 the] The name and address of any person to whom


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an application for any56 license has been granted shall not be a public

record. Upon application

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1 by a licensee who has changed his place ofresidence such records or

2 applications shall be transferred to theappropriate officer at the

3 licensee's new place of residence. A duplicatecopy of such application

4 shall be filed by the licensing officer inthe executive department,

5 division of state police, Albany, within tendays after issuance of the

6 license. The superintendent of statepolice may designate that such

7 application shall be transmitted to thedivision of state police elec-

8 tronically. In the event the superintendentof the division of state

9 police determines that it lacks any of therecords required to be filed

10 with the division, it may request that such

records be provided to it by11 the appropriate clerk, department or

authority and such clerk, depart-12 ment or authority shall provide the division

with such records. In the13 event such clerk, department or authority

lacks such records, the divi-14 sion may request the license holder provide

information sufficient to15 constitute such record and such license

holder shall provide the divi-

16 sion with such information. Such informationshall be limited to the

17 license holder's name, date of birth,gender,race, residential address,

18 social security number and firearms possessedby said license holder.

19 Nothing in this subdivision shall be construed


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to change the expiration20 date or term of such licenses if otherwise

provided for in law. [Records21 assembled or collected for purposes of

inclusion in the database estab-

22 lished by this section shall be releasedpursuant to a court order.23 Records assembled or collected for purposes of

inclusion in the database24 created pursuant to section 400.02 of this

chapter shall not be subject25 to disclosure pursuant to article six of the

public officers law.26 (b) Each application for a license

pursuant to paragraph (a) of this27 subdivision shall include, on a separate

written form prepared by the28 division of state police within thirty days ofthe effective date of the

29 chapter of the laws of two thousandthirteen, which amended this

30 section, and provided to the applicant at thesame time and in the same

31 manner as the application for a license, anopportunity for the appli-

32 cant to request an exception from his or herapplication information

33 becoming public record pursuant toparagraph (a) of this subdivision.

34 Such forms, which shall also be made availableto individuals who had

35 applied for or been granted a license prior tothe effective date of the

36 chapter of the laws of two thousand thirteenwhich amended this section,

37 shall notify applicants that, upon discoverythat an applicant knowingly

38 provided false information, such applicantmay be subject to penalties

39 pursuant to section 175.30 of this chapter,and further, that his or her

40 request for an exception shall be null andvoid, provided that written

41 notice containing such determination isprovided to the applicant.

42 Further, such forms shall provide eachapplicant an opportunity to spec-


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43 ify the grounds on which he or she believeshis or her application

44 information should not be publicly disclosed.These grounds, which shall

45 be identified on the application with a box

beside each for checking, as46 applicable, by the applicant, shall be asfollows:

47 (i) the applicant's life or safety maybe endangered by disclosure

48 because:49 (A) the applicant is an active or retired

police officer, peace offi-50 cer, probation officer, parole officer, or

corrections officer;51 (B) the applicant is a protected person

under a currently valid order52 of protection;53 (C) the applicant is or was a witness in a

criminal proceeding involv-54 ing a criminal charge;

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1 (D) the applicant is participating orpreviously participated as a

2 juror in a criminal proceeding, or is or wasa member of a grand jury;

3 or4 (E) the applicant is a spouse, domestic

partner or household member of5 a person identified in this subparagraph or

subparagraph (ii) of this6 paragraph, specifying which subparagraph or

subparagraphs and clauses7 apply.8 (ii) the applicant has reason to believe his

or her life or safety may9 be endangered by disclosure due to reasonsstated by the applicant.

10 (iii) the applicant has reason to believehe or she may be subject to

11 unwarranted harassment upon disclosure of suchinformation.

12 (c) Each form provided for recertification


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pursuant to paragraph (b)13 of subdivision ten of this section shall

include an opportunity for the14 applicant to request an exception from the

information provided on such

15 form becoming public record pursuant toparagraph (a) of this subdivi-16 sion. Such forms shall notify applicants that,

upon discovery that an17 applicant knowingly provided false

information, such applicant may be18 subject to penalties pursuant to section

175.30 of this chapter, and19 further, that his or her request for an

exception shall be null and20 void, provided that written notice

containing such determination is21 provided to the applicant. Further, such forms

shall provide each appli-22 cant an opportunity to either decline to

request the grant or continua-23 tion of an exception, or specify the grounds

on which he or she believes24 his or her information should not be publicly

disclosed. These grounds,25 which shall be identified in the application

with a box beside each for26 checking, as applicable, by the applicant,

shall be the same as provided27 in paragraph (b) of this subdivision.28 (d) Information submitted on the forms

described in paragraph (b) of29 this subdivision shall be excepted from

disclosure and maintained by the30 entity retaining such information separate

and apart from all other31 records.32 (e) (i) Upon receiving a request for

exception from disclosure, the

33 licensing officer shall grant suchexception, unless the request is

34 determined to be null and void, pursuant toparagraph (b) or (c) of this

35 subdivision.36 (ii) A request for an exception from

disclosure may be submitted at37 any time, including after a license or


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recertification has been granted.38 (iii) If an exception is sought and granted

pursuant to paragraph (b)39 of this subdivision, the application

information shall not be public

40 record, unless the request is determinedto be null and void. If an41 exception is sought and granted pursuant to

paragraph (c) of this subdi-42 vision, the information concerning such

recertification application43 shall not be public record, unless the

request is determined to be null44 and void.45 (f) The information of licensees or

applicants for a license shall not46 be disclosed to the public during the first

one hundred twenty days47 following the effective date of the chapter

of the laws of two thousand48 thirteen, which amended this section. After

such period, the information49 of those who had applied for or been granted

a license prior to the50 preparation of the form for requesting an

exception, pursuant to para-51 graph (b) of this subdivision, may be released

only if such individuals

52 did not file a request for such an exceptionduring the first sixty days

53 following such preparation; provided,however, that no information

54 contained in an application for licensure orrecertification shall be

55 disclosed by an entity that has notcompleted processing any such

56 requests received during such sixty days.

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1 (g) If a request for an exception isdetermined to be null and void

2 pursuant to paragraph (b) or (c) of thissubdivision, an applicant may

3 request review of such determination pursuant


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to article seventy-eight4 of the civil practice laws and rules.

Such proceeding must commence5 within thirty days after service of the

written notice containing the

6 adverse determination. Notice of the right tocommence such a petition,7 and the time period therefor, shall be

included in the notice of the8 determination. Disclosure following such a

petition shall not be made9 prior to the disposition of such review.]10 10. License: expiration, certification and

renewal. [(a)] Any license11 for gunsmith or dealer in firearms and, in the

city of New York, any

12 license to carry or possess a pistol orrevolver, issued at any time13 pursuant to this section or prior to the first

day of July, nineteen14 hundred sixty-three and not limited to expire

on an earlier date fixed15 in the license, shall expire not more than

three years after the date of16 issuance. In the counties of Nassau,

Suffolk and Westchester, any17 license to carry or possess a pistol or

revolver, issued at any time18 pursuant to this section or prior to the first

day of July, nineteen19 hundred sixty-three and not limited to expire

on an earlier date fixed20 in the license, shall expire not more than five

years after the date of21 issuance; however, in the county of

Westchester, any such license shall22 be certified prior to the first day of April,

two thousand, in accord-23 ance with a schedule to be contained in

regulations promulgated by the24 commissioner of the division of criminal

justice services, and every25 such license shall be recertified every

five years thereafter. For26 purposes of this section certification shall


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mean that the licensee27 shall provide to the licensing officer the

following information only:28 current name, date of birth, current address,

and the make, model, cali-

29 ber and serial number of all firearms currentlypossessed. Such certif-

30 ication information shall be filed by thelicensing officer in the same

31 manner as an amendment. Elsewhere than in thecity of New York and the

32 counties of Nassau, Suffolk andWestchester, any license to carry or

33 possess a pistol or revolver, issued at anytime pursuant to this

34 section or prior to the first day of July,

nineteen hundred sixty-three35 and not previously revoked or cancelled, shall

be in force and effect36 until revoked as herein provided. Any license

not previously cancelled37 or revoked shall remain in full force and

effect for thirty days beyond38 the stated expiration date on such license.

Any application to renew a39 license that has not previously expired, been

revoked or cancelled shall40 thereby extend the term of the license untildisposition of the applica-

41 tion by the licensing officer. In the case of alicense for gunsmith or

42 dealer in firearms, in counties having apopulation of less than two

43 hundred thousand inhabitants, photographs andfingerprints shall be

44 submitted on original applications and uponrenewal thereafter only at

45 six year intervals. Upon satisfactory proofthat a currently valid

46 original license has been despoiled, lost orotherwise removed from the

47 possession of the licensee and upon applicationcontaining an additional

48 photograph of the licensee, the licensingofficer shall issue a dupli-


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49 cate license.50 [(b) All licensees shall be recertified

to the division of state51 police every five years thereafter. Any

license issued before the effec-

52 tive date of the chapter of the laws of twothousand thirteen which53 added this paragraph shall be recertified by

the licensee on or before54 January thirty-first, two thousand eighteen,

and not less than one year55 prior to such date, the state police shall

send a notice to all license56 holders who have not recertified by such

time. Such recertification

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1 shall be in a form as approved by thesuperintendent of state police,

2 which shall request the license holder's name,date of birth, gender,

3 race, residential address, social securitynumber, firearms possessed by

4 such license holder, email address at theoption of the license holder

5 and an affirmation that such license holderis not prohibited from6 possessing firearms. The form may be in an

electronic form if so desig-7 nated by the superintendent of state police.

Failure to recertify shall8 act as a revocation of such license. If

the New York state police9 discover as a result of the recertification

process that a licensee10 failed to provide a change of address, the

New York state police shall11 not require the licensing officer to revokesuch license.]

12 12. Records required of gunsmiths and dealersin firearms. Any person

13 licensed as gunsmith or dealer in firearmsshall keep a record book

14 approved as to form, except in the city of New


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York, by the superinten-15 dent of state police. In the record book shall

be entered at the time of16 every transaction involving a firearm the

date, name, age, occupation

17 and residence of any person from whom a firearmis received or to whom a

18 firearm is delivered, and the calibre, make,model, manufacturer's name

19 and serial number, or if none, any otherdistinguishing number or iden-

20 tification mark on such firearm. Beforedelivering a firearm to any

21 person, the licensee shall require him toproduce either a license valid

22 under this section to carry or possess the

same, or proof of lawful23 authority as an exempt person pursuant to

section 265.20. In addition,24 before delivering a firearm to a peace officer,

the licensee shall veri-25 fy that person's status as a peace officer

with the division of state26 police. After completing the foregoing, the

licensee shall remove and27 retain the attached coupon and enter in the

record book the date of such28 license, number, if any, and name of thelicensing officer, in the case

29 of the holder of a license to carry or possess,or the shield or other

30 number, if any, assignment and department,unit or agency, in the case

31 of an exempt person. The original transactionreport shall be forwarded

32 to the division of state police within tendays of delivering a firearm

33 to any person, and a duplicate copy shall bekept by the licensee. The

34 superintendent of state police may designatethat such record shall be

35 completed and transmitted in electronic form. Adealer may be granted a

36 waiver from transmitting such records inelectronic form if the super-


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37 intendent determines that such dealer isincapable of such transmission

38 due to technological limitations that arenot reasonably within the

39 control of the dealer, or other exceptional

circumstances demonstrated40 by the dealer, pursuant to a process

established in regulation, and at41 the discretion of the superintendent. [Records

assembled or collected42 for purposes of inclusion in the database

created pursuant to section43 400.02 of this article shall not be subject to

disclosure pursuant to44 article six of the public officers law.] The

record book shall be main-

45 tained on the premises mentioned and describedin the license and shall

46 be open at all reasonable hours forinspection by any peace officer,

47 acting pursuant to his special duties, orpolice officer. In the event

48 of cancellation or revocation of the licensefor gunsmith or dealer in

49 firearms, or discontinuance of business by alicensee, such record book

50 shall be immediately surrendered to the

licensing officer in the city of51 New York, and in the counties of Nassau and

Suffolk, and elsewhere in52 the state to the executive department, division

of state police.53 16-a. [Registration. (a) An owner of a

weapon defined in paragraph (e)54 or (f) of subdivision twenty-two of section

265.00 of this chapter,55 possessed before the date of the effective

date of the chapter of the56 laws of two thousand thirteen which added this

paragraph, must make an

S. 3948 8

1 application to register such weapon with


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the superintendent of state2 police, in the manner provided by the

superintendent, or by amending a3 license issued pursuant to this section within

one year of the effective

4 date of this subdivision except any weapondefined under subparagraph5 (vi) of paragraph (g) of subdivision twenty-

two of section 265.00 of6 this chapter transferred into the state may

be registered at any time,7 provided such weapons are registered within

thirty days of their trans-8 fer into the state. Registration

information shall include the regis-9 trant's name, date of birth, gender, race,

residential address, social10 security number and a description of each

weapon being registered. A11 registration of any weapon defined under

subparagraph (vi) of paragraph12 (g) of subdivision twenty-two of section

265.00 or a feeding device as13 defined under subdivision twenty-three of

section 265.00 of this chapter14 shall be transferable, provided that the

seller notifies the state15 police within seventy-two hours of the

transfer and the buyer provides16 the state police with information sufficient

to constitute a registra-17 tion under this section. Such registration

shall not be valid if such18 registrant is prohibited or becomes prohibited

from possessing a firearm19 pursuant to state or federal law. The

superintendent shall determine20 whether such registrant is prohibited from

possessing a firearm under

21 state or federal law. Such check shall belimited to determining whether

22 the factors in 18 USC 922 (g) apply or whethera registrant has been

23 convicted of a serious offense as definedin subdivision sixteen-b of

24 section 265.00 of this chapter, so as toprohibit such registrant from


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25 possessing a firearm, and whether a reporthas been issued pursuant to

26 section 9.46 of the mental hygiene law. Allregistrants shall recertify

27 to the division of state police every five

years thereafter. Failure to28 recertify shall result in a revocation of suchregistration.

29 (b) The superintendent of state police shallcreate and maintain an

30 internet website to educate the public as towhich semiautomatic rifle,

31 semiautomatic shotgun or semiautomatic pistolor weapon that are illegal

32 as a result of the enactment of the chapter ofthe laws of two thousand

33 thirteen which added this paragraph, aswell as such assault weapons

34 which are illegal pursuant to article twohundred sixty-five of this

35 chapter. Such website shall containinformation to assist the public in

36 recognizing the relevant features proscribedby such article two hundred

37 sixty-five, as well as which make and modelof weapons that require

38 registration.39 (c) A person who knowingly fails to apply

to register such weapon, as40 required by this section, within one year of

the effective date of the41 chapter of the laws of two thousand thirteen

which added this paragraph42 shall be guilty of a class A misdemeanor and

such person who unknowingly43 fails to validly register such weapon within

such one year period shall44 be given a warning by an appropriate law

enforcement authority about

45 such failure and given thirty days in which toapply to register such

46 weapon or to surrender it. A failure toapply or surrender such weapon

47 within such thirty-day period shall result insuch weapon being removed

48 by an appropriate law enforcement authorityand declared a nuisance.


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49 16-b.] The cost of the software, programmingand interface required to

50 transmit any record that must be electronicallytransmitted by the deal-

51 er or licensing officer to the division of

state police pursuant to this52 chapter shall be borne by the state.53 14. Section 2509 of the surrogate's court

procedure act is REPEALED.54 15. Section 58 of chapter 1 of the laws of

2013 amending the crimi-55 nal procedure law and other laws relating to

suspension and revocation56 of firearms licenses; private sale or

disposal of firearms, rifles or

S. 3948 9

1 shotguns and establishing a minimum age topossess a firearm, is amended

2 to read as follows:3 58. This act shall take effect immediately;

provided, however, that:4 a. Sections one, two, three, four, five,

[six, seven, eight, nine,]

5 ten, [eleven, twelve,] thirteen, fourteen,fifteen, sixteen, seventeen,

6 eighteen, nineteen, [twenty,] twenty-one,twenty-two, twenty-three,

7 twenty-four, twenty-five, twenty-six, twenty-six-a, twenty-seven, twen-

8 ty-eight, twenty-nine, thirty, thirty-one,thirty-two, thirty-three,

9 thirty-four, thirty-five, thirty-six, thirty-nine, forty, [forty-one,

10 forty-one-a, forty-one-b,] forty-two, forty-

three, forty-five, [forty-11 six, forty-six-a, forty-seven, fifty-one,]

fifty-two, [fifty-three,]12 fifty-four, fifty-five, and fifty-six of this

act shall take effect on13 the sixtieth day after it shall have become a

law;


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14 b. [The amendments to subdivision 23 ofsection 265.00 of the penal

15 law made by section thirty-eight of thisact shall take effect on the

16 ninetieth day after this act shall have become

a law, except that the17 amendments made to paragraph (a) ofsubdivision 23 shall take effect

18 immediately;19 c.] The amendments to subdivision 1,

paragraph (a) of subdivision 3,20 and subdivisions 4, 9, 10, 11, 12, 15, and 16-b

of section 400.00 of the21 penal law made by section forty-eight of this

act shall take effect one22 year after this act shall have become a law;

23 [d. The amendments to subdivision 16-a ofsection 400.00 of the penal24 law made by section forty-eight of this

act shall take effect on the25 ninetieth day after this act shall have become

a law;26 e. The amendments to sections 400.02 and

400.03 of the penal law made27 by sections forty-nine and fifty of this act

shall take effect one year28 after it shall have become a law;] and

29 [f.] c. The amendments to subdivision (b) ofsection 9.47 and sections30 9.48 and 9.60 of the mental hygiene law made

by sections twenty-one,31 twenty-two and twenty-three of this act shall

not affect the expiration32 and repeal of such paragraph and sections and

shall be deemed repealed33 therewith.34 16. Severability. If any clause,

sentence, paragraph, section or

35 part of this act shall be adjudged by any courtof competent jurisdic-

36 tion to be invalid and after exhaustion of allfurther judicial review,

37 the judgment shall not affect, impair orinvalidate the remainder there-

38 of, but shall be confined in its operation to


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the clause, sentence,39 paragraph, section or part of this act

directly involved in the contro-40 versy in which the judgment shall have been

rendered.

41 17. This act shall take effectimmediately; provided that: the

42 amendments to subdivisions 10, 12, 16-a and16-b of section 400.00 of

43 the penal law made by section thirteen of thisact shall take effect on

44 the same date and in the same manner assection 48 of chapter 1 of the

45 laws of 2013 takes effect.

S T A T E O F N E W YO R K

________________________________________________________________________

3948

2013-2014 RegularSessions

I N S E N A T E

February 28, 2013___________

Introduced by Sens. MARCHIONE, BOYLE -- read twice andordered printed, and when printed to be committed to theCommittee on Judiciary

AN ACT to amend the family court act, in relation to the suspensionand

revocation of a license to carry firearms; to amend the domestic


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relations law, in relation to orders of protection; to amend thepenal

law, in relation to the applicability of certain provisions of the

penal law, large capacity ammunition feeding devices, and gun

licenses; to amend section 58 of chapter 1 of the laws of 2013

amending the criminal procedure law and other laws relating 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, in relation to the effectiveness thereof;

and to repeal article 39-DDD of the general business law relatingto

the private sale or disposal of firearms, rifles and shotguns, section

9.46 of the mental hygiene law relating to reports of substantialrisk

or threat of harm by mental health professionals, sections 37, 38,46

and 51 of chapter 1 of the laws of 2013, amending the criminal

procedure law and other laws relating to suspension andrevocation of

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

shotguns and establishing a minimum age to possess a firearmrelating

to gun control, section 265.01-b of the penal law relating tocriminal


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possession of a firearm, section 265.36 of the penal law relating to

unlawful possession of a large capacity ammunition feedingdevice,

265.37 of the penal law relating to unlawful possession of certain

ammunition feeding devices, 265.45 of the penal law relating tothe

safe storage of rifles, shotguns, and firearms, 400.02 of the penal

law relating to the statewide license and record database and400.03

of the penal law relating to sellers of ammunition, and section2509

of the surrogate's court procedure act relating to a firearmsinventory

The People of the State of New York, represented in Senate andAssembly, do enact as follows:

Section 1. Section 446-a of the family court act, as added bychapter 1 of the laws of 2013, is amended to read as follows:

446-a. Firearms; surrender and license suspension, revocationand ineligibility. Upon the issuance of an order of protection ortemporary order of protection, or upon a violation of such order, thecourt shall make a determination regarding the suspension [and]and/or revocation of a license to carry, possess, repair or dispose of afirearm or firearms, ineligibility for such a license and the surrender

of firearms in accordance with section eight hundred forty-two-a ofthis act.

2. Section 552 of the family court act, as added by chapter 1 ofthe laws of 2013, is amended to read as follows:

552. Firearms; surrender and license suspension, revocation and


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ineligibility. Upon the issuance of an order of protection ortemporary order of protection, or upon a violation of such order, thecourt shall make a determination regarding the suspension [and]and/or revocation of a license to carry, possess, repair or dispose of afirearm or firearms, ineligibility for such a license and the surrenderof firearms in accordance with section eight hundred forty-two-a ofthis act.

3. Section 656-a of the family court act, as added by chapter 1 ofthe laws of 2013, is amended to read as follows:

656-a. Firearms; surrender and license suspension, revocationand ineligibility. Upon the issuance of an order of protection ortemporary order of protection, or upon a violation of such order, the

court shall make a determination regarding the suspension [and]and/or revocation of a license to carry, possess, repair or dispose of afirearm or firearms, ineligibility for such a license and the surrenderof firearms in accordance with section eight hundred forty-two-a ofthis act.

4. Section 780-a of the family court act, as added by chapter 1 ofthe laws of 2013, is amended to read as follows:

780-a. Firearms; surrender and license suspension, revocationand ineligibility. Upon the issuance of an order of protection ortemporary order of protection, or upon a violation of such order, thecourt shall make a determination regarding the suspension [and]and/or revocation of a license to carry, possess, repair or dispose of afirearm or firearms, ineligibility for such a license and the surrenderof firearms in accordance with section eight hundred forty-two-a ofthis act.

5. Paragraph h of subdivision 3 of section 240 of the domestic

relations law, as amended by chapter 1 of the laws of 2013, isamended to read as follows:

h. Upon issuance of an order of protection or temporary order ofprotection or upon a violation of such order, the court shall make adetermination regarding the suspension [and] and/or revocation of alicense to carry, possess, repair or dispose of a firearm or firearms,


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ineligibility for such a license and the surrender of firearms inaccordance with sections eight hundred forty-two-a and eighthundred forty-six-a of the family court act, as applicable. Uponissuance of an order of protection pursuant to this section or upon afinding of a violation thereof, the court also may direct payment ofrestitution in an amount not to exceed ten thousand dollars inaccordance with subdivision (e) of section eight hundred forty-one ofsuch act; provided, however, that in no case shall an order ofrestitution be issued where the court determines that the party againstwhom the order would be issued has already compensated theinjured party or where such compensation is incorporated in a finaljudgment or settlement of the action.

6. Subdivision 9 of section 252 of the domestic relations law, as

amended by chapter 1 of the laws of 2013, is amended to read asfollows:

9. Upon issuance of an order of protection or temporary order ofprotection or upon a violation of such order, the court shall make adetermination regarding the suspension [and] and/or revocation of alicense to carry, possess, repair or dispose of a firearm or firearms,ineligibility for such a license and the surrender of firearms inaccordance with sections eight hundred forty-two-a and eighthundred forty-six-a of the family court act, as applicable. Uponissuance of an order of protection pursuant to this section or upon afinding of a violation thereof, the court also may direct payment ofrestitution in an amount not to exceed ten thousand dollars inaccordance with subdivision (e) of section eight hundred forty-one ofsuch act; provided, however, that in no case shall an order ofrestitution be issued where the court determines that the party againstwhom the order would be issued has already compensated theinjured party or where such compensation is incorporated in a finaljudgment or settlement of the action.

7. Article 39-DDD of the general business law is REPEALED.

8. Section 9.46 of the mental hygiene law is REPEALED.

9. Sections 37, 38, 46 and 51 of chapter 1 of the laws of 2013,amending the criminal procedure law and other laws relating to


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suspension and revocation of firearms licenses; private sale ordisposal of firearms, rifles or shotguns and establishing a minimumage to possess a firearm are REPEALED.

10. The opening paragraph of subdivision a of section 265.20 ofthe penal law, as amended by chapter 496 of the laws of 1991, isamended to read as follows:

Sections 265.01, 265.01-a,265.02, 265.03, 265.04, 265.05, 265.10,265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to:

11. Sections 265.01-b, 265.36, 265.37, 265.45, 400.02 and400.03 of the penal law are REPEALED.

12. Subdivision 8 of section 265.02 of the penal law, as amendedby chapter 1 of the laws of 2013, is amended to read as follows:

(8) Such person possesses a large capacity ammunition feedingdevice[.For purposes of this subdivision, a large capacityammunition feedingdevice shall not include an ammunitionfeeding device lawfully possessedby such person before theeffective date of the chapter of the laws oftwo thousand thirteenwhich amended this subdivision, that has acapacity of, or thatcan be readily restored or converted to accept morethan sevenbut less than eleven rounds of ammunition, or that wasmanufactured before September thirteenth, nineteen hundredninety-four,that has a capacity of, or that can be readilyrestored or converted toaccept, more than ten rounds ofammunition]; or

13. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00 ofthe penal law, subdivisions 5, 10 and 12 as amended andsubdivisions 16-a and 16-b as added by chapter 1 of the laws of

2013, are amended to read as follows:

5. Filing of approved applications. [(a)] The application for anylicense, if granted, shall be filed by the licensing officer with the clerkof the county of issuance, except that in the city of New York and, inthe counties of Nassau and Suffolk, the licensing officer shalldesignate the place of filing in the appropriate division, bureau or


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unit of the police department thereof, and in the county of Suffolk thecounty clerk is hereby authorized to transfer all records orapplications relating to firearms to the licensing authority of thatcounty. [Except as provided in paragraphs (b) through (f) of thissubdivision, the] The name and address of any person to whom anapplication for any license has been granted shall not be a publicrecord. Upon application by a licensee who has changed his place ofresidence such records or applications shall be transferred to theappropriate officer at the licensee's new place of residence. Aduplicate copy of such application shall be filed by the licensingofficer in the executive department, division of state police, Albany,within ten days after issuance of the license. The superintendent ofstate police may designate that such application shall be transmittedto the division of state police electronically. In the event the

superintendent of the division of state police determines that it lacksany of the records required to be filed with the division, it mayrequest that such records be provided to it by the appropriate clerk,department or authority and such clerk, department or authority shallprovide the division with such records. In the event such clerk,department or authority lacks such records, the division may requestthe license holder provide information sufficient to constitute suchrecord and such license holder shall provide the division with suchinformation. Such information shall be limited to the license holder'sname, date of birth, gender,race, residential address, social securitynumber and firearms possessed by said license holder. Nothing inthis subdivision shall be construed to change the expiration date orterm of such licenses if otherwise provided for in law. [Recordsassembled orcollected for purposes of inclusion in the databaseestablished by thissection shall be released pursuant to a courtorder. Records assembledor collected for purposes of inclusionin the database created pursuantto section 400.02 of thischapter shall not be subject to disclosurepursuant to article sixof the public officers law.

(b) Each application for a license pursuant to paragraph (a)of thissubdivision shall include, on a separate written formprepared by thedivision of state police within thirty days of theeffective date of thechapter of the laws of two thousandthirteen, which amended thissection, and provided to theapplicant at the same time and in the samemanner as the


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application for a license, an opportunity for theapplicant torequest an exception from his or her applicationinformationbecoming public record pursuant to paragraph (a) of thissubdivision. Such forms, which shall also be made available toindividuals who had applied for or been granted a license priorto theeffective date of the chapter of the laws of two thousandthirteen whichamended this section, shall notify applicants that,upon discovery thatan applicant knowingly provided falseinformation, such applicant may besubject to penaltiespursuant to section 175.30 of this chapter, andfurther, that hisor her request for an exception shall be null andvoid, providedthat written notice containing such determination isprovided tothe applicant. Further, such forms shall provide eachapplicantan opportunity to specify the grounds on which he or she

believes his or her application information should not bepubliclydisclosed. These grounds, which shall be identified onthe applicationwith a box beside each for checking, asapplicable, by the applicant,shall be as follows:

(i) the applicant's life or safety may be endangered bydisclosurebecause:

(A) the applicant is an active or retired police officer, peaceofficer, probation officer, parole officer, or corrections officer;

(B) the applicant is a protected person under a currentlyvalid orderof protection;

(C) the applicant is or was a witness in a criminal proceedinginvolving a criminal charge;

(D) the applicant is participating or previously participated asajuror in a criminal proceeding, or is or was a member of a

grand jury;or

(E) the applicant is a spouse, domestic partner or householdmember ofa person identified in this subparagraph orsubparagraph (ii) of thisparagraph, specifying whichsubparagraph or subparagraphs and clausesapply.


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(ii) the applicant has reason to believe his or her life or safetymaybe endangered by disclosure due to reasons stated by theapplicant.

(iii) the applicant has reason to believe he or she may besubject tounwarranted harassment upon disclosure of suchinformation.

(c) Each form provided for recertification pursuant toparagraph (b)of subdivision ten of this section shall include anopportunity for theapplicant to request an exception from theinformation provided on suchform becoming public recordpursuant to paragraph (a) of thissubdivision. Such forms shallnotify applicants that, upon discoverythat an applicant

knowingly provided false information, such applicantmay besubject to penalties pursuant to section 175.30 of this chapter,and further, that his or her request for an exception shall benull andvoid, provided that written notice containing suchdetermination isprovided to the applicant. Further, such formsshall provide eachapplicant an opportunity to either decline torequest the grant orcontinuation of an exception, or specify thegrounds on which he or shebelieves his or her informationshould not be publicly disclosed. Thesegrounds, which shall beidentified in the application with a box besideeach for checking,as applicable, by the applicant, shall be the same asprovided inparagraph (b) of this subdivision.

(d) Information submitted on the forms described inparagraph (b) ofthis subdivision shall be excepted fromdisclosure and maintained by theentity retaining suchinformation separate and apart from all otherrecords.

(e) (i) Upon receiving a request for exception from disclosure,

thelicensing officer shall grant such exception, unless therequest isdetermined to be null and void, pursuant toparagraph (b) or (c) of thissubdivision.

(ii) A request for an exception from disclosure may besubmitted atany time, including after a license or recertificationhas been granted.


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(iii) If an exception is sought and granted pursuant toparagraph (b)of this subdivision, the application informationshall not be publicrecord, unless the request is determined to benull and void. If anexception is sought and granted pursuant toparagraph (c) of thissubdivision, the information concerningsuch recertification applicationshall not be public record, unlessthe request is determined to be nulland void.

(f) The information of licensees or applicants for a licenseshall notbe disclosed to the public during the first one hundredtwenty daysfollowing the effective date of the chapter of thelaws of two thousandthirteen, which amended this section.After such period, the informationof those who had applied foror been granted a license prior to thepreparation of the form

for requesting an exception, pursuant toparagraph (b) of thissubdivision, may be released only if suchindividuals did not filea request for such an exception during thefirst sixty daysfollowing such preparation; provided, however, that noinformation contained in an application for licensure orrecertificationshall be disclosed by an entity that has notcompleted processing anysuch requests received during suchsixty days.

(g) If a request for an exception is determined to be null andvoidpursuant to paragraph (b) or (c) of this subdivision, anapplicant mayrequest review of such determination pursuant toarticle seventy-eightof the civil practice laws and rules. Suchproceeding must commencewithin thirty days after service ofthe written notice containing theadverse determination. Noticeof the right to commence such a petition,and the time periodtherefor, shall be included in the notice of thedetermination.Disclosure following such a petition shall not be madeprior tothe disposition of such review.]

10. License: expiration, certification and renewal. [(a)] Anylicense for gunsmith or dealer in firearms and, in the city of NewYork, any license to carry or possess a pistol or revolver, issued atany time pursuant to this section or prior to the first day of July,nineteen hundred sixty-three and not limited to expire on an earlierdate fixed in the license, shall expire not more than three years after


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the date of issuance. In the counties of Nassau, Suffolk andWestchester, any license to carry or possess a pistol or revolver,issued at any time pursuant to this section or prior to the first day ofJuly, nineteen hundred sixty-three and not limited to expire on anearlier date fixed in the license, shall expire not more than five yearsafter the date of issuance; however, in the county of Westchester, anysuch license shall be certified prior to the first day of April, twothousand, in accordance with a schedule to be contained inregulations promulgated by the commissioner of the division ofcriminal justice services, and every such license shall be recertifiedevery five years thereafter. For purposes of this section certificationshall mean that the licensee shall provide to the licensing officer thefollowing information only: current name, date of birth, currentaddress, and the make, model, caliber and serial number of all

firearms currently possessed. Such certification information shall befiled by the licensing officer in the same manner as an amendment.Elsewhere than in the city of New York and the counties of Nassau,Suffolk and Westchester, any license to carry or possess a pistol orrevolver, issued at any time pursuant to this section or prior to thefirst day of July, nineteen hundred sixty-three and not previouslyrevoked or cancelled, shall be in force and effect until revoked asherein provided. Any license not previously cancelled or revokedshall remain in full force and effect for thirty days beyond the statedexpiration date on such license. Any application to renew a licensethat has not previously expired, been revoked or cancelled shallthereby extend the term of the license until disposition of theapplication by the licensing officer. In the case of a license forgunsmith or dealer in firearms, in counties having a population ofless than two hundred thousand inhabitants, photographs andfingerprints shall be submitted on original applications and uponrenewal thereafter only at six year intervals. Upon satisfactory proofthat a currently valid original license has been despoiled, lost orotherwise removed from the possession of the licensee and upon

application containing an additional photograph of the licensee, thelicensing officer shall issue a duplicate license.

[(b) All licensees shall be recertified to the division of statepolice every five years thereafter. Any license issued before theeffective date of the chapter of the laws of two thousand thirteenwhichadded this paragraph shall be recertified by the licensee


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on or beforeJanuary thirty-first, two thousand eighteen, andnot less than one yearprior to such date, the state police shallsend a notice to all licenseholders who have not recertified bysuch time. Such recertificationshall be in a form as approved bythe superintendent of state police,which shall request the licenseholder's name, date of birth, gender,race, residential address,social security number, firearms possessed bysuch licenseholder, email address at the option of the license holderand anaffirmation that such license holder is not prohibited frompossessing firearms. The form may be in an electronic form if sodesignated by the superintendent of state police. Failure torecertifyshall act as a revocation of such license. If the NewYork state policediscover as a result of the recertificationprocess that a licenseefailed to provide a change of address, the

New York state police shallnot require the licensing officer torevoke such license.]

12. Records required of gunsmiths and dealers in firearms. Anyperson licensed as gunsmith or dealer in firearms shall keep a recordbook approved as to form, except in the city of New York, by thesuperintendent of state police. In the record book shall be entered atthe time of every transaction involving a firearm the date, name, age,occupation and residence of any person from whom a firearm isreceived or to whom a firearm is delivered, and the calibre, make,model, manufacturer's name and serial number, or if none, any otherdistinguishing number or identification mark on such firearm. Beforedelivering a firearm to any person, the licensee shall require him toproduce either a license valid under this section to carry or possessthe same, or proof of lawful authority as an exempt person pursuantto section 265.20. In addition, before delivering a firearm to a peaceofficer, the licensee shall verify that person's status as a peace officerwith the division of state police. After completing the foregoing, thelicensee shall remove and retain the attached coupon and enter in the

record book the date of such license, number, if any, and name of thelicensing officer, in the case of the holder of a license to carry orpossess, or the shield or other number, if any, assignment anddepartment, unit or agency, in the case of an exempt person. Theoriginal transaction report shall be forwarded to the division of statepolice within ten days of delivering a firearm to any person, and aduplicate copy shall be kept by the licensee. The superintendent of


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state police may designate that such record shall be completed andtransmitted in electronic form. A dealer may be granted a waiverfrom transmitting such records in electronic form if thesuperintendent determines that such dealer is incapable of suchtransmission due to technological limitations that are not reasonablywithin the control of the dealer, or other exceptional circumstancesdemonstrated by the dealer, pursuant to a process established inregulation, and at the discretion of the superintendent. [Recordsassembled or collected forpurposes of inclusion in the databasecreated pursuant to section 400.02of this article shall not besubject to disclosure pursuant to articlesix of the public officerslaw.] The record book shall be maintained on the premisesmentioned and described in the license and shall be open at allreasonable hours for inspection by any peace officer, acting pursuant

to his special duties, or police officer. In the event of cancellation orrevocation of the license for gunsmith or dealer in firearms, ordiscontinuance of business by a licensee, such record book shall beimmediately surrendered to the licensing officer in the city of NewYork, and in the counties of Nassau and Suffolk, and elsewhere in thestate to the executive department, division of state police.

16-a. [Registration. (a) An owner of a weapon defined inparagraph (e)or (f) of subdivision twenty-two of section 265.00of this chapter,possessed before the date of the effective date ofthe chapter of thelaws of two thousand thirteen which addedthis paragraph, must make anapplication to register suchweapon with the superintendent of statepolice, in the mannerprovided by the superintendent, or by amending alicense issuedpursuant to this section within one year of the effectivedate ofthis subdivision except any weapon defined undersubparagraph(vi) of paragraph (g) of subdivision twenty-twoof section 265.00 ofthis chapter transferred into the state maybe registered at any time,provided such weapons are registered

within thirty days of theirtransfer into the state. Registrationinformation shall include theregistrant's name, date of birth,gender, race, residential address,social security number and adescription of each weapon beingregistered. A registration ofany weapon defined under subparagraph (vi)of paragraph (g)of subdivision twenty-two of section 265.00 or afeeding deviceas defined under subdivision twenty-three of section265.00 of


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this chapter shall be transferable, provided that the sellernotifies the state police within seventy-two hours of the transferandthe buyer provides the state police with informationsufficient toconstitute a registration under this section. Suchregistration shallnot be valid if such registrant is prohibited orbecomes prohibited frompossessing a firearm pursuant to stateor federal law. Thesuperintendent shall determine whethersuch registrant is prohibitedfrom possessing a firearm understate or federal law. Such check shallbe limited to determiningwhether the factors in 18 USC 922 (g) apply orwhether aregistrant has been convicted of a serious offense as definedinsubdivision sixteen-b of section 265.00 of this chapter, so as toprohibit such registrant from possessing a firearm, and whethera reporthas been issued pursuant to section 9.46 of the mental

hygiene law. Allregistrants shall recertify to the division of statepolice every fiveyears thereafter. Failure to recertify shall resultin a revocation ofsuch registration.

(b) The superintendent of state police shall create andmaintain aninternet website to educate the public as to whichsemiautomatic rifle,semiautomatic shotgun or semiautomaticpistol or weapon that are illegalas a result of the enactment ofthe chapter of the laws of two thousandthirteen which addedthis paragraph, as well as such assault weaponswhich areillegal pursuant to article two hundred sixty-five of thischapter.Such website shall contain information to assist the public inrecognizing the relevant features proscribed by such article twohundredsixty-five, as well as which make and model of weaponsthat requireregistration.

(c) A person who knowingly fails to apply to register suchweapon, asrequired by this section, within one year of theeffective date of thechapter of the laws of two thousand thirteen

which added this paragraphshall be guilty of a class Amisdemeanor and such person who unknowinglyfails to validlyregister such weapon within such one year period shallbe givena warning by an appropriate law enforcement authority aboutsuch failure and given thirty days in which to apply to registersuchweapon or to surrender it. A failure to apply or surrendersuch weaponwithin such thirty-day period shall result in such


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weapon being removedby an appropriate law enforcementauthority and declared a nuisance.

16-b.] The cost of the software, programming and interfacerequired to transmit any record that must be electronicallytransmitted by the dealer or licensing officer to the division of statepolice pursuant to this chapter shall be borne by the state.

14. Section 2509 of the surrogate's court procedure act isREPEALED.

15. Section 58 of chapter 1 of the laws of 2013 amending thecriminal procedure law and other laws relating to suspension andrevocation of firearms licenses; private sale or disposal of firearms,

rifles or shotguns and establishing a minimum age to possess afirearm, is amended to read as follows:

58. This act shall take effect immediately; provided, however,that:

a. Sections one, two, three, four, five, [six, seven, eight, nine,] ten,[eleven, twelve,] thirteen, fourteen, fifteen, sixteen, seventeen,eighteen, nineteen, [twenty,] twenty-one, twenty-two, twenty-three,twenty-four, twenty-five, twenty-six, twenty-six-a, twenty-seven,twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three,thirty-four, thirty-five, thirty-six, thirty-nine, forty, [forty-one,forty-one-a, forty-one-b,] forty-two, forty-three, forty-five, [forty-six,forty-six-a, forty-seven, fifty-one,] fifty-two, [fifty-three,] fifty-four,fifty-five, and fifty-six of this act shall take effect on the sixtieth dayafter it shall have become a law;

b. [The amendments to subdivision 23 of section 265.00 of thepenallaw made by section thirty-eight of this act shall take

effect on theninetieth day after this act shall have become a law,except that theamendments made to paragraph (a) ofsubdivision 23 shall take effectimmediately;

c.] The amendments to subdivision 1, paragraph (a) of subdivision3, and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 ofthe penal law made by section forty-eight of this act shall take effect


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one year after this act shall have become a law;

[d. The amendments to subdivision 16-a of section 400.00 ofthe penallaw made by section forty-eight of this act shall takeeffect on theninetieth day after this act shall have become a law;

e. The amendments to sections 400.02 and 400.03 of the penallaw madeby sections forty-nine and fifty of this act shall takeeffect one yearafter it shall have become a law;] and

[f.] c. The amendments to subdivision (b) of section 9.47 andsections 9.48 and 9.60 of the mental hygiene law made by sectionstwenty-one, twenty-two and twenty-three of this act shall not affectthe expiration and repeal of such paragraph and sections and shall be

deemed repealed therewith.

16. Severability. If any clause, sentence, paragraph, section orpart of this act shall be adjudged by any court of competentjurisdiction to be invalid and after exhaustion of all further judicialreview, the judgment shall not affect, impair or invalidate theremainder thereof, but shall be confined in its operation to the clause,sentence, paragraph, section or part of this act directly involved in thecontroversy in which the judgment shall have been rendered.

17. This act shall take effect immediately; provided that: theamendments to subdivisions 10, 12, 16-a and 16-b of section 400.00of the penal law made by section thirteen of this act shall take effecton the same date and in the same manner as section 48 of chapter 1of the laws of 2013 takes effect.

NEW YORK STATE SENATEINTRODUCER'S MEMORANDUM IN SUPPORTsubmitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S3948

SPONSOR: MARCHIONE


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TITLE OF BILL: An act to amend the family court act,in relation tothe suspension and revocation of a license to carryfirearms; to amend

the domestic relations law, in relation to orders ofprotection; toamend the penal law, in relation to the applicabilityof certainprovisions of the penal law, large capacity ammunitionfeeding devices,and gun licenses; to amend section 58 of chapter 1 ofthe laws of 2013amending the criminal procedure law and other lawsrelating to suspen-sion and revocation of firearms licenses; private sale

or disposal offirearms, rifles or shotguns and establishing a minimumage to possess afirearm, in relation to the effectiveness thereof; andto repeal article39-DDD of the general business law relating to theprivate sale ordisposal of firearms, rifles and shotguns, section 9.46of the mentalhygiene law relating to reports of substantial risk or

threat of harm bymental health professionals, sections 37, 38, 46 and 51of chapter 1 ofthe laws of 2013, amending the criminal procedure lawand other lawsrelating to suspension and revocation of firearmslicenses; private saleor disposal of firearms, rifles or shotguns andestablishing a minimumage to possess a firearm relating to gun control,section 265.01-b of

the penal law relating to criminal possession of afirearm, section265.36 of the penal law relating to unlawful possessionof a largecapacity ammunition feeding device, 265.37 of the penallaw relating tounlawful possession of certain ammunition feedingdevices, 265.45 of the


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penal law relating to the safe storage of rifles,shotguns, andfirearms, 400.02 of the penal law relating to thestatewide license andrecord database and 400.03 of the penal law relating to

sellers of ammu-nition, and section 2509 of the surrogate's courtprocedure act relatingto a firearms inventory

PURPOSE: This bill seeks to amend or repeal thosesections of the NYSAFE Act that are of questionable legality or whichpresent practical

problems for mental health officials or law enforcementand thosesections that impose an unfunded mandate on localgovernments.

SUMMARY OF PROVISIONS:

Section 1 of the bill seeks to amend section 446-a ofthe Family Court

Act to clarify that the Family Court Judge candetermine to suspend orrevoke the license to carry, possess, repair or disposeof a firearm orthe eligibility for such a license when issuing anorder of protection;this is particularly important in the case of atemporary order wheresuspension, rather than revocation may be mostappropriate until allfacts are known or adjudicated

Section 2 makes the same amendment to 552 of the FamilyCourt Act assection 1 does for section 446 for much the samereasons. Depending onthe nature of the violation, the Family Court Judgeshould decide wheth-er suspension or revocation is appropriate.


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Sections 3, 4, 5 and 6 make the same amendments assections 1 and 2 forsimilar reasons.

Section 7 repeals section 17 of the SAFE act whichadded a new Article39-DDD to the General Business Law. While there is some

merit to requir-ing a background check for sales or exchanges ofcertain weapons, theSAFE act presumes that licensed dealers will be willingto perform thebackground check, complete the necessary paperwork and

maintain recordsof such transaction and assume the liability therefor

for a fee not toexceed ten ($10.00) dollars per transaction. At a time

when the minimumwage is proposed to be increased to $9.00 per hour thisis unrealisticIf the dealer were to charge more than ten ($10)dollars, the dealer

would violate the law and commit a misdemeanor,punishable by up to oneyear in jail. It is more probable that no dealers would

consent toundertake these tasks for the limited fee authorizedand the individualseller would be left without the ability to transferthe weapon or riskpunishment for a class A misdemeanor by transferringthe weapon withouta dealer's involvement.

Section 8 of this bill repeals section 20 of the SAFEAct. While

undoubtedly well intended, the new section 9.46 addedto the MentalHygiene Law has been opposed by some organizations of

mental healthprofessionals because it may deter individuals fromseeking professionalhelp or from fully disclosing their intentions to their

mental health


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of the New YorkCivil Rights Law.

Section 9 of this bill will also repeal section 38 ofthe SAFE Act which

redefines "large capacity ammunition feeding device" toinclude thosethat can accept more than seven rounds of ammunitionSection 38 contains

measures that would be extremely burdensome to enforceand would createnew "New York only" manufacturing standards on

manufacturers of ammuni-tion feeding devices. The SAFE act also does notcontain appropriateexemptions for police, military and other government

agencies.

Section 9 of this bill also repeals the amendment toparagraph 3 ofsubdivision a of section 265.20 of the Penal Lawcontained in section 46of the SAFE Act as it refers to the registration offirearms, that bythe repeal of other sections would no longer berequired. This section

also repeals new paragraph 7-f as that exemption wouldno longer beneeded with the repeal of sections dealing with thepossession of ammu-nition feeding devices capable of holding more thanseven rounds.Section 9 additionally repeals section 51 of the SAFE

Act which wouldcriminalize the failure of a gun owner to report theloss or theft of agun to a police department within twenty-four hours of

discovery bymaking it a class A misdemeanor, punishable by up to ayear in jailPreviously, such a failure was only punishable by afine not to exceedone hundred dollars. This amendment criminalizes thisfailure or omis-sion to act, without requiring knowledge or intent on


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the part of theperson failing to act and without regard to his or herability to act.Conceivably, a victim of a robbery, hospitalized as aresult of injuries

sustained in the robbery for more than 24 hours, couldbe guilty offailing to make a timely report

Section 10 of this bill amends paragraph a of section265.20 of thePenal Law to add the provisions of section 265.01-a,added by section 41of the SAFE Act, to the list of sections that do notapply to lawenforcement. Without this amendment, a law enforcement

officer could beprosecuted for having a weapon on school grounds.

Section 11 of this bill would repeal section 41-a ofthe SAFE Act which

would criminalize the possession of a firearm, whichwould include thenewly defined "assault weapon" and make the failure toregister afirearm, including the newly defined assault weapon, a

felony crime. Thelatter provision of the SAFE Act could result inthousands of otherwiselaw abiding New Yorkers being subject to felonyprosecution if theyfail, refuse or neglect to register weapons that arenow legal. Thissection is of questionable constitutional validity andappears inconflict with the New York Civil Rights Law.

Section 11 of this bill also repeals section 46-a ofthe SAFE Act which

would make possession of a newly defined large capacityammunition feed-ing device a crime The reasons for repeal are the sameas stated insection 10 above_


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Section 11 of this bill also repeals section 47 of theSAFE Act whichadded a new requirement for the storage of rifles,shotguns andfirearms. While this section of the SAFE Act is well

intentioned, it wasnot fully thought out and contains practical problemsthat could unin-tentionally subject otherwise law abiding citizens tocriminal prose-cution. The provisions of the SAFE Act would seem torequire thatpersons living with someone prohibited from possessinga firearm wouldhave to use a gun locking device or lock his or her

weapons in a "safe

storage depository" nearly all of the time, which wouldseeminglyprevent such weapons from being immediately availablefor self-defense,the defense of others or the protection of homeinvasion.

Section 11 of this bill would repeal section 49 of theSAFE Act which

would create a new statewide license and record

database, This databasewould cost approximately $32.7 million, according tothe Executive'sproposed 2013-14 budget. While the creation of thedatabase is well-in-tended, the chilling effect on the rights of legal gunowners imposed bythe additional records maintained in this database,outweighs its bene-fit

Section 11 repeals section 50 of the SAFE Act whichwould impose a newrequirement on sellers of ammunition to record, indetail, every ammuni-tion sale and clear every transaction through theproposed, to-be-es-tablished statewide license and record database. Thisis a new mandate


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on ammunition sellers and purchasers, regardless of thetype of ammuni-tion or quantity, which will result in tens ofthousands of new recordsrequired to be kept. The likely impact will be

additional costs to NewYork business owners, a chilling effect on the rightsof New York gunowners exercise of their legal rights and the shift ofammunitionpurchases out of state.

Section 12 of this bill repeals the amendments tosubdivision (8) ofsection 265.02 of the Penal Law, added by section 41-bof the SAFE Act,

as that section would criminalize the possession of thenewly defined"large capacity ammunition feeding device".

Section 13 of this bill repeals those amendments ofsection 48 of theSAFE Act that create a new firearm licensing system.The Executive'sproposed 2013-14 budget estimates the cost of this newsystem at $35.9

million at a time when the state is struggling to meetthe challenges ofour current economic climate and faces significant cutsin federalassistance. Additionally, this system would seemduplicative of therecord keeping of county clerks and separate from anynational gunregistration database. The SAFE Act additionallyestablishes a complexsystem for certain gun owners to request that their

license informationto be withheld from disclosure. This issue is dealt

with more simply inthis bill by making license information not subject toFOIL, The reasonfor exempting this information arc ninny and varied andhave been thesubject of much media attention since the disclosure by


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a Hudson Valleynewspaper of the names and addresses of those incertain counties thathad pistol permits The potential harm to policeofficers, corrections

officers, parole officers, federal agents, judges,victims of domesticviolence and others outweighs the need for publicdisclosure of thisinformation. These license holders have committed nocrime, in fact,they have submitted to a background investigation inorder to get theirlicenses so sufficient safeguards are in placeobviating the need forpublic disclosure of their personal information.

Additionally, this billwill repeal the new requirement that pistol licenseholders recertifyevery five years under the threat of licenserevocation. Most important,this bill repeals those new sections of law added bythe SAFE Act which

would require, for the first time, registration ofnewly defined assault

weapons. This registration requirement will affect tens

of thousands ofsportsmen and hunters in New York and potentiallysubject them to crimi-nal prosecution for their failure to register theirfirearms. Thisrequirement could create a chilling effect on theexercise of citizens'rights under the Second Amendment to the U.S.Constitution, the NYSConstitution and the New York Civil Rights Law.

Section 15 of this bill repeals section 53 of the SAFEAct which wouldrequire that the fiduciary or attorney of recordinclude a particular-ized description of every firearm, shotgun and rifle inthe list ofassets of the decedent's estate in the surrogate'scourt and with the


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division of criminal justice services. This sectionappears to requireall firearms, shotguns, and rifles, whether antique,non-working orotherwise to be listed. While there appears to be no

sanction for afailure to list, it is practically difficult for anattorney of record,

who generally does not control the decedent's householdeffects andpersonal property to report any specific property; he

must usually trustthe next-of-kin to provide the list.

Section 16 is a standard severability clause.

Section 17 makes required adjustments to the effectivedates of thevarious sections of the SAFE Act.

EXISTING LAW: In large part, this bill seeks, in manyrespects, toreturn to the law existing prior to the enactment ofthe SAFE Act

JUSTIFICATION: The SAFE Act was rushed into print andto votes in bothchambers of the Legislature without the opportunity forrank and file

members to review the text, analyze the impacts or toconsult withconstituents and interested parties. Since itsenactment, over 125,000New Yorkers have signed a petition requesting its

repeal. Now that thepublic has had an opportunity to review the provisionsof the SAFE Act,law enforcement groups, mental health organizations,gun owner groups,and others have identified problems with the bill.Since the SAFE Act'ssigning into law, several lawsuits have been instituted


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to challengevarious aspects of the law This bill attempts toaddress the legitimateconcerns raised about the SAFE Act.

LEGISLATIVE HISTORY: This is a new bill to repeal oramend certainprovisions of S.2230/A.2388 (Chapter 1 of the Laws of2013).

Gun Bill Repealer

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Transcript of Gun Bill Repealer