Pistol permit recertification plan
This should be shared with all legal gun owners in New York State - Notes from the September 20, 2016, representatives of the NY State Police - Fall Conference of the New York State County Clerk’s Association.
1) Speaking on behalf of the State Police was Lieutenant David Stebbins, who is the new head of the Pistol Permit Bureau.
2) The State Police will be launching a web site where Pistol Permit Licensees can be re certified either online or by downloaded paper form.
3) There is no Scheduled launch date for this web site or the re certification process. Only the due date, January 31, 2018 for all license issued prior to January of 2013.
4) The filer will need to provide certain identifying information, address, etc. and will need to list on this application all handguns that they possess. This is pistol only, not long riffles.
5) The re-certification transaction is between the State Police and the Filer, not the County. The County will be involved to rectify issues that arise such as when the information on the re-certification differs from what the State Police have.
6) During this process the County Clerks will receive information on who has re-certified so that they can mark their records accordingly.
7) The State Police will contact the filer to resolve any discrepancies between the application and their existing records. The goal of the State Police is to create a database for use by law enforcement, Licensing Officers, and Mental Health.
9) All applications will be cross checked against the data bases of DMV, Mental Health and Federal Criminal Data Files
10) It was not clear if the State Police would be sending out individual notification letters to permit holders by mail or use other means such as email.
11) The State Police WILL NOT be issuing a card stating a permit holder is re-certified. The permit holder will be receiving a letter stating that their permit has been re-certified.
12) There will be no requirement that a permit holder carry proof of re-certification.
13) The State Police will be creating an online data base to check re-certification for
14) The responsibility of the permit holder will be fulfilled when the re-certification form is submitted to the State Police. Thus, if a problem arose where re-certification was delayed, but submitted before the deadline, licensee is still legal.
15) If the form is submitted electronically the permit holder will receive a receipt that can be printed out.
16) If submitted by mail it was recommended that the application be sent by certified mail so that there will be proof of mailing.
17) The State Police pistol permit office is comprised of four sworn officers and 20 civilians.
18) The new Lieutenant in charge is David Stebbins and his contact information is:
Pistol Permit Bureau
1220 Washington Avenue, Building 22
Albany, NY 12226-2252
Phone: (518) 464-7120
Email : david.Stebbins@troopers.ny.gov
19) At the end of re-certification. The State Police will send to the licensing officer (County Clerks) a list of people who are in their records and did not re-certify.
20) The Safe Act states that upon a failure to re certify, the permit SHALL be revoked. The State Police were uncertain if the revocation was automatic or if the licensing officer had to act.
21) The State Police indicated that the County Clerks will be responsible for taking action to send a permit for revocation, and if the revocation is not automatic, the licensing officer (Judge) will have to affirmatively take action to revoke.
22) So far the State Police have not been working with the Office of Court Administration to answer this question and discuss possible procedures.
23) The exact process of revocation for has not been set and remains murky. This includes who would be responsible for investigations of the lapsed permits for either gun location or retrieval, as well as whether a judge may revoke, then immediately re-issue.
24) It was stressed that the Role of the State Police is as record keepers, not licensing officers making decisions on individual permits.
25) It was mentioned that there is an exemption from revocation in the law for persons who have not been notified of their need to be re-certified because of change of address.
Please note the above items are my best recollection from the presentation and thus may be a less than perfect interpretation. I have had these comments reviewed by a few Clerks who were present for their corrections and comments.
Also below is the actual section of the safe act that refers to re certification:
Penal Law 400.10 (B)
(b) All licensees shall be recertified to the division of state police
every five years thereafter. Any license issued before the effective
date of the chapter of the laws of two thousand thirteen which added
this paragraph shall be recertified by the licensee on or before January
thirty-first, two thousand eighteen, and not less than one year prior to
such date, the state police shall send a notice to all license holders
who have not recertified by such time. Such recertification shall be in
a form as approved by the superintendent of state police, which shall
request the license holder's name, date of birth, gender, race,
residential address, social security number, firearms possessed by such
license holder, email address at the option of the license holder and an
affirmation that such license holder is not prohibited from possessing
firearms. The form may be in an electronic form if so designated by the
superintendent of state police. Failure to recertify shall act as a
revocation of such license. If the New York state police discover as a
result of the recertification process that a licensee failed to provide
a change of address, the New York state police shall not require thelicensing officer to revoke such license.