S T A T E O F N E W Y O R K
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S. 6056 A. 9556
S E N A T E - A S S E M B L Y
January 21, 2004
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1 PART I
2 Section 1. Subdivision 4 of section 400.00 of the penal law, as
3 amended by chapter 843 of the laws of 1980, is amended to read as
4 follows:
5 4. Investigation. Before a license is issued {or}, renewed OR RECERTI-
6 FIED, there shall be an investigation of all statements required in the
7 application by the duly constituted police authorities of the locality
8 where such application is made. For that purpose, the records of the
9 appropriate office of the department of mental hygiene concerning previ-
10 ous or present mental illness of the applicant shall be available for
11 inspection by the investigating officer of the police authority. {In}
12 FOR A LICENSE TO BE ISSUED OR RENEWED, IN order to ascertain any previ-
13 ous criminal record, the investigating officer shall take the finger-
14 prints and physical descriptive data in quadruplicate of each individual
15 by whom the application is signed and verified. Two copies of such fing-
16 erprints shall be taken on standard fingerprint cards eight inches
17 square, and one copy may be taken on a card supplied for that purpose by
18 the federal bureau of investigation. When completed, one standard card
19 shall be forwarded to and retained by the division of criminal justice
20 services in the executive department, at Albany. A search of the files
21 of such division and written notification of the results of the search
22 to the investigating officer shall be made without unnecessary delay.
23 Thereafter, such division shall notify the licensing officer and the
24 executive department, division of state police, Albany, of any criminal
25 record of the applicant filed therein subsequent to the search of its
26 files. A second standard card, or the one supplied by the federal bureau
27 of investigation, as the case may be, shall be forwarded to that bureau
28 at Washington with a request that the files of the bureau be searched
29 and notification of the results of the search be made to the investigat-
30 ing police authority. The failure or refusal of the federal bureau of
31 investigation to make the fingerprint check provided for in this section
32 shall not constitute the sole basis for refusal to issue a permit pursu-
33 ant to the provisions of this section. Of the remaining two fingerprint
34 cards, one shall be filed with the executive department, division of
35 state police, Albany, within ten days after issuance of the license, and
36 the other remain on file with the investigating police authority. No
37 such fingerprints may be inspected by any person other than a peace
S. 6056 22 A. 9556
1 officer, who is acting pursuant to his special duties, or a police offi-
2 cer, except on order of a judge or justice of a court of record either
3 upon notice to the licensee or without notice, as the judge or justice
4 may deem appropriate. FOR RECERTIFICATION, THE INVESTIGATING OFFICER
5 SHALL CONDUCT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS)
6 SEARCH ON THE APPLICANT AND NOTIFY THE ISSUING OFFICER AND THE EXECUTIVE
7 DEPARTMENT, DIVISION OF STATE POLICE OF ANY CRIMINAL RECORD OF THE
8 APPLICANT. Upon completion of the investigation, the police authority
9 shall report the results to the licensing officer without unnecessary
10 delay.
11 S 2. Subdivision 10 of section 400.00 of the penal law, as amended by
12 chapter 447 of the laws of 1997, is amended to read as follows:
13 10. License: expiration, certification and renewal. Any license for
14 gunsmith or dealer in firearms and, in the city of New York, any license
15 to carry or possess a pistol or revolver, issued at any time pursuant to
16 this section or prior to the first day of July, nineteen hundred sixty-
17 three and not limited to expire on an earlier date fixed in the license,
18 shall expire not more than three years after the date of issuance. In
19 the counties of Nassau, Suffolk and Westchester, any license to carry or
20 possess a pistol or revolver, issued at any time pursuant to this
21 section or prior to the first day of July, nineteen hundred sixty-three
22 and not limited to expire on an earlier date fixed in the license, shall
23 expire not more than five years after the date of issuance; however, in
24 the county of Westchester, any such license shall be certified prior to
25 the first day of April, two thousand, in accordance with a schedule to
26 be contained in regulations promulgated by the commissioner of the divi-
27 sion of criminal justice services, and every such license shall be
28 recertified every five years thereafter. {For purposes of this section
29 certification shall mean that the licensee shall provide to the licens-
30 ing officer the following information only: current name, date of
31 birth, current address, and the make, model, caliber and serial number
32 of all firearms currently possessed. Such certification information
33 shall be filed by the licensing officer in the same manner as an amend-
34 ment.} Elsewhere than in the city of New York and the counties of
35 Nassau, Suffolk and Westchester, any license to carry or possess a
36 pistol or revolver, issued at any time pursuant to this section or prior
37 to the first day of July, nineteen hundred sixty-three and not previous-
38 ly revoked or cancelled, {shall be in force and effect until revoked as
39 herein provided} AND NOT LIMITED TO EXPIRE ON AN EARLIER DATE FIXED IN
40 THE LICENSE, SHALL EXPIRE NOT MORE THAN FIVE YEARS AFTER THE DATE OF
41 ISSUANCE; HOWEVER, ANY SUCH LICENSE SHALL BE CERTIFIED PRIOR TO THE
42 FIRST DAY OF FEBRUARY, TWO THOUSAND FIVE, IN ACCORDANCE WITH A SCHEDULE
43 TO BE CONTAINED IN REGULATIONS PROMULGATED BY THE SUPERINTENDENT OF
44 STATE POLICE, AND EVERY SUCH LICENSE SHALL BE RECERTIFIED EVERY FIVE
45 YEARS THEREAFTER. FOR PURPOSES OF THIS SECTION CERTIFICATION SHALL MEAN
46 THAT THE LICENSEE SHALL PROVIDE TO THE LICENSING OFFICER THE FOLLOWING
47 INFORMATION ONLY: CURRENT NAME, DATE OF BIRTH, CURRENT ADDRESS, AND THE
48 MAKE, MODEL, CALIBER AND SERIAL NUMBER OF ALL FIREARMS CURRENTLY
49 POSSESSED. SUCH CERTIFICATION INFORMATION SHALL BE FILED BY THE LICENS-
50 ING OFFICER IN THE SAME MANNER AS AN AMENDMENT. Any license not previ-
51 ously cancelled or revoked shall remain in full force and effect for
52 thirty days beyond the stated expiration date on such license. Any
53 application to renew a license that has not previously expired, been
54 revoked or cancelled shall thereby extend the term of the license until
55 disposition of the application by the licensing officer. In the case of
56 a license for gunsmith or dealer in firearms, in counties having a popu-
S. 6056 23 A. 9556
1 lation of less than two hundred thousand inhabitants, photographs and
2 fingerprints shall be submitted on original applications and upon
3 renewal thereafter only at six year intervals. Upon satisfactory proof
4 that a currently valid original license has been despoiled, lost or
5 otherwise removed from the possession of the licensee and upon applica-
6 tion containing an additional photograph of the licensee, the licensing
7 officer shall issue a duplicate license.
8 S 3. Subdivision 14 of section 400.00 of the penal law, as separately
9 amended by chapters 636 and 637 of the laws of 1994, is amended to read
10 as follows:
11 14. Fees. {In the city of New York and the county of Nassau, the annu-
12 al license fee shall be twenty-five dollars for gunsmiths and fifty
13 dollars for dealers in firearms. In such city, the city council and in
14 the county of Nassau the Board of Supervisors shall fix the fee to be
15 charged for a license to carry or possess a pistol or revolver and
16 provide for the disposition of such fees. Elsewhere in the state, the
17 licensing officer shall collect and pay into the county treasury the
18 following fees: for each license to carry or possess a pistol or revol-
19 ver, not less than three dollars nor more than ten dollars as may be
20 determined by the legislative body of the county; for each amendment
21 thereto, three dollars, and five dollars in the county of Suffolk; and
22 for each license issued to a gunsmith or dealer in firearms, ten
23 dollars. The fee for a duplicate license shall be five dollars. The fee
24 for processing a license transfer between counties shall be five
25 dollars.} THE LICENSING OFFICER SHALL COLLECT AND PAY INTO THE COUNTY
26 OR MUNICIPAL TREASURY THE FOLLOWING STATE LICENSING FEES: FOR EACH
27 LICENSE, RENEWAL OR RECERTIFICATION ISSUED TO CARRY OR POSSESS A PISTOL
28 OR REVOLVER, ONE HUNDRED DOLLARS; FOR EACH LICENSE CERTIFIED PRIOR TO
29 THE FIRST DAY OF FEBRUARY, TWO THOUSAND FIVE, NO MORE THAN ONE HUNDRED
30 DOLLARS IN ACCORDANCE WITH A SCHEDULE TO BE CONTAINED IN REGULATIONS
31 PROMULGATED BY THE SUPERINTENDENT OF STATE POLICE; FOR EACH AMENDMENT
32 ISSUED THERETO, TWENTY-FIVE DOLLARS; FOR EACH LICENSE ISSUED TO A
33 GUNSMITH OR DEALER IN FIREARMS, ONE HUNDRED DOLLARS. THE STATE LICENSING
34 FEE FOR A DUPLICATE LICENSE SHALL BE TWENTY-FIVE DOLLARS. THE STATE
35 LICENSING FEE FOR PROCESSING A TRANSFER BETWEEN COUNTIES SHALL BE TWEN-
36 TY-FIVE DOLLARS. IN ADDITION, THE LICENSING OFFICER SHALL COLLECT ANY
37 LOCAL LICENSING FEES AS MAY BE DETERMINED BY THE CITY COUNCIL FOR THE
38 CITY OF NEW YORK OR THE APPROPRIATE LEGISLATIVE BODY FOR EACH COUNTY
39 WHICH SHALL PROVIDE FOR THE DISPOSITION OF SUCH FUNDS. The fee for proc-
40 essing a license or renewal thereof for a qualified retired police offi-
41 cer as defined under subdivision thirty-four of section 1.20 of the
42 criminal procedure law, or a qualified retired bridge and tunnel offi-
43 cer, sergeant or lieutenant of the triborough bridge and tunnel authori-
44 ty as defined under subdivision twenty of section 2.10 of the criminal
45 procedure law, or a qualified retired uniformed court officer in the
46 unified court system, or a qualified retired court clerk in the unified
47 court system in the first and second judicial departments, as defined in
48 paragraphs {(a)} A and {(b)} B of subdivision twenty-one of section 2.10
49 of the criminal procedure law or a retired correction officer as defined
50 in subdivision twenty-five of section 2.10 of the criminal procedure law
51 shall be waived in all counties throughout the state. ON OR BEFORE THE
52 FIFTEENTH DAY OF EACH MONTH, THE LICENSING OFFICER SHALL REMIT TO THE
53 STATE COMPTROLLER, ALL STATE LICENSING FEES COLLECTED IN THE PREVIOUS
54 MONTH PURSUANT TO THIS SECTION, WHO SHALL DEPOSIT SUCH MONEY INTO THE
55 GENERAL FUND OF THE STATE TREASURY IN ACCORDANCE WITH SECTION ONE
56 HUNDRED TWENTY-ONE OF THE STATE FINANCE LAW. EVERY SUCH PAYMENT TO THE
S. 6056 24 A. 9556
1 COMPTROLLER SHALL BE ACCOMPANIED BY A STATEMENT OF RECEIPTS IN SUCH
2 FORMAT AND DETAIL AS THE COMPTROLLER MAY PRESCRIBE.
3 S 4. This act shall take effect on the ninetieth day after it shall
4 have become a law.