boo711

Glad your surgery went well. I hope your recovery is smooth and quick for you!! Don’t over do it the first couple of weeks!!!!

I’ve talked to some sheriffs in my county and the county where I hunt. They do not think these are constitutional. There department policy is they will not be out “looking” for people violating these laws. ECO officer I talked to at 3 rivers WMA last week basically said the same thing. They are not going to be out making sure every person in the woods has permission to be there. They don’t have the resources to do that and don’t want to get into having to take guns. Actually said the head of the DEC has told the legislature that some of this wording needs to be changed to avoid this issue for hunters.

I think there is a bigger hurdle for the Republicans in November. I know people who voted in 2016 & 2020 that voted Republican. With the Republicans stance on abortions around the country and some states signing laws against abortions they will lose that vote. After seeing the results of some primary votes In the state and the country I think midterm elections are going to be a lot harder for the Republicans than they think. I am hoping I am wrong because we definitely need a change at the top in this state.

Yes all licenses are concealed carry in this state. I may have misunderstood what you were asking. My apologies if I was off what you were looking for

I’m waiting to hear from someone who tried to buy ammo to see if background check system is in place.

Any language in this new bill will only refer to conceal carry. That is what this whole new bill is all about. If you had a permit PRIOR to this being passed, and it was a sportsman permit, or one for employment or dwelling, it DOES NOT automatically became a concealed carry or no restrictions permit with the Supreme Court ruling. You still need to apply for a permit upgrade. May even have to fill out an amendment form for the upgrade. I’d check on the amendment form. But all permits do not become concealed carry because of the law. If you have a sportsman permit and do not apply for an upgrade your permit is still a sportsman permit. got this below from Q & A on Syracuse newspaper. If I already have a restricted pistol/revolver permit, can I now carry in public? No. You’ll still have to apply for the unrestricted permit, also called a concealed-carry permit, according to New York law enforcement officials.

If you apply for an upgrade after 9/1 and live in the counties listed above you will need to take the training.

No restrictions is concealed carry, or full carry. If you live in the counties listed above you will need to take the courses to get an upgrade after 9/1. A sportsman is NOT now considered No restrictions. You must write to the judge asking for an upgrade from sportsman to No restrictions. Same applies for all previous permits that were not No restrictions. Dwelling, employment, etc all need to upgraded

Heard a judge heard arguments last week on some of the law suits filed against these new laws. Anyone heard when a decision may be reached on this. I was hoping something would be released today. I talked with a couple troopers today. Was told nothing that goes into affect tomorrow is in place. No one has been hired for any training, background checks not in place. Going to be interesting to see what happens tomorrow if this stuff is not in place

Was just at the gun store today to buy ammo. They told me they don’t see anything changing come 9/1. Tries it with the safe act and it didn’t work. No, coos can’t just walk in and check your safe. If you buy ammo out of state you do kit need to register. The way the law is written if you run into gas station to grab a coffee and leave your gun in the truck you are committing a crime. According to the county sheriffs and troopers I have talked to they will not look to enforce that

Over 6 million voted. Cuomo Won all major cities and the island. NYC & the Island will outway the upstate voters. Always does

2018 election the whole state was red. Except for Buffalo, Rochester, Syracuse, Albany, NYC & Long Island. Any with the amount of people that vote Democratic in the city and Long Island that will counter any of the votes upstate.

Anyone ever bow hunt any of the forest preserve land up around Brantingham?? My cousins wife booked a house on Brantingham Lake Columbus Day weekend. My cousin and I are going to bow hunt. Was looking at map around Partridgeville rd. Anyone framiliar with this area. Hoping to be able to get up there one day beforehand to scout

I’m not saying the current guy is doing a good job. Because he is not. But the Republican Party needs someone to unite the party, not divide it. Trump will divide it. I voted for him twice. But I’m not sure he is the right guy this time.

She also told me if it has been three years since you recertified you need to recertify now, or come 9/1. You can not wait until the date listed on the troopers website or where you look up your certification status. This is going to get crazy

I’m not sure how all that will work. Just know they put an exception in the bill to cover training

I talked to a legislature from Sen. Mannions Albany office a little after 4:30 today. She told me all CURRENT concealed carry permits need to be recertified by 9/1/23. Regardless of current status as to when you need to recertify. I’ll have to reread that section because I don’t remember exactly what it said about the timing of the recertification. Also told me if there is a delay with meeting any of the new requirements, even a backlog in there end, be it meeting with a judge or “licensing agent” as she said will result in permit being revoked. I’d like to talk to someone who actually knows what the heck is going on. Might try calling the DA’s office tomorrow. Or a contact I made last week from the state Dept of Criminal Justice. She told me if I ever need anything to call her. This may be that time

There is an exemption in the new law that will allow you to use a pistol for the live fire training.

NOOOOOO!

There is an exception in there to allow people to use a handgun for the live fire training. I thought BG check for ammo was fir pistol ammo only. After reading the bill sent to me by an attorney with the state Dept of Criminal Justice it is for all ammo sales from what I see

This country is spinning out of control down the toilet.

I talked to an Associate Attorney with the State Dept of Justice this morning. She sent me the bill as it stood this morning. She told any current concealed carry permit holders will have to take a firearm safety class before they can recertify their permit the next time they need to recertify. I’ll see if I can get it to attach here. As far as locking in a vehicle she said she did not see that in there. I have not had a chance to read it. Sad Senate was called back, not assembly. Assembly would need to be called back to vote. If nothing reached by tonight they do not return to Albany until 1/3/23 unless called back for special session. S51001 STEWART-COUSINS No Same as Governor Program # 1 07/01/22 REFERRED TO RULES ON FILE: 07/01/22 Penal Law TITLE....Relates to licensing and other provisions relating to firearms Currently on Senate Committee Agenda Senate Standing Committee on Rules Senator Andrea Stewart-Cousins, Chair July 1, 2022 Room 332 CAP STEWART-COUSINS, MYRIE, KAVANAGH Amd Pen L, generally; add §§235 & 228, amd §§837 & 144-a, Exec L; amd §§396-eee, 898 & 896, Gen Bus L; add §99-pp, St Fin L Relates to licensing and other provisions relating to firearms. CRIMINAL SANCTION IMPACT. Governor's Program STATE OF NEW YORK ________________________________________________________________________ 1 Extraordinary Session IN SENATE July 1, 2022 ___________ Introduced by Sens. STEWART-COUSINS, MYRIE, KAVANAGH -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, the general business law, the executive law, the civil practice law and rules and the state finance law, in relation to licensing and other provisions relating to firearms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading and subdivisions 1, 1-a, 2, 4, 4-a, 2 4-b, 10 and 11 of section 400.00 of the penal law, subdivisions 1 and 10 3 as amended by chapter 1 of the laws of 2013, paragraph (c) of subdivi- 4 sion 1 as amended by chapter 60 of the laws of 2018, paragraph (j) of 5 subdivision 1 as amended by chapter 208 of the laws of 2022, subdivision 6 1-a as added by section 2 of part N of chapter 55 of the laws of 2020, 7 subdivision 2 as amended by chapter 212 of the laws of 2022, subdivision 8 4 as amended by chapter 242 of the laws of 2019, subdivision 4-a as 9 added by chapter 233 of the laws of 1980, subdivision 4-b as added by 10 chapter 446 of the laws of 1997, paragraph (c) of subdivision 10 as 11 added by chapter 212 of the laws of 2022, subdivision 11 as amended by 12 chapter 207 of the laws of 2022, are amended and a new subdivision 4-c 13 is added to read as follows: 14 [Licenses to carry, possess, repair and dispose of] Licensing and other 15 provisions relating to firearms. 16 1. Eligibility. No license shall be issued or renewed pursuant to this 17 section except by the licensing officer, and then only after investi- 18 gation and finding that all statements in a proper application for a 19 license are true. No license shall be issued or renewed except for an 20 applicant (a) twenty-one years of age or older, provided, however, that 21 where such applicant has been honorably discharged from the United 22 States army, navy, marine corps, air force or coast guard, or the 23 national guard of the state of New York, no such age restriction shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12053-04-2 S. 1 2 1 apply; (b) of good moral character, which, for the purposes of this 2 article, shall mean having the essential character, temperament and 3 judgement necessary to be entrusted with a weapon and to use it only in 4 a manner that does not endanger oneself or others; (c) who has not been 5 convicted anywhere of a felony or a serious offense or who is not the 6 subject of an outstanding warrant of arrest issued upon the alleged 7 commission of a felony or serious offense; (d) who is not a fugitive 8 from justice; (e) who is not an unlawful user of or addicted to any 9 controlled substance as defined in section 21 U.S.C. 802; (f) who being 10 an alien (i) is not illegally or unlawfully in the United States or (ii) 11 has not been admitted to the United States under a nonimmigrant visa 12 subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been 13 discharged from the Armed Forces under dishonorable conditions; (h) who, 14 having been a citizen of the United States, has not renounced his or her 15 citizenship; (i) who has stated whether he or she has ever suffered any 16 mental illness; (j) who has not been involuntarily committed to a facil- 17 ity under the jurisdiction of an office of the department of mental 18 hygiene pursuant to article nine or fifteen of the mental hygiene law, 19 article seven hundred thirty or section 330.20 of the criminal procedure 20 law or substantially similar laws of any other state, section four 21 hundred two or five hundred eight of the correction law, section 322.2 22 or 353.4 of the family court act, has not been civilly confined in a 23 secure treatment facility pursuant to article ten of the mental hygiene 24 law, or has not been the subject of a report made pursuant to section 25 9.46 of the mental hygiene law; (k) who has not had a license revoked or 26 who is not under a suspension or ineligibility order issued pursuant to 27 the provisions of section 530.14 of the criminal procedure law or 28 section eight hundred forty-two-a of the family court act; (l) in the 29 county of Westchester, who has successfully completed a firearms safety 30 course and test as evidenced by a certificate of completion issued in 31 his or her name and endorsed and affirmed under the penalties of perjury 32 by a duly authorized instructor, except that: (i) persons who are honor- 33 ably discharged from the United States army, navy, marine corps or coast 34 guard, or of the national guard of the state of New York, and produce 35 evidence of official qualification in firearms during the term of 36 service are not required to have completed those hours of a firearms 37 safety course pertaining to the safe use, carrying, possession, mainte- 38 nance and storage of a firearm; [and] (ii) persons who were licensed to 39 possess a pistol or revolver prior to the effective date of this para- 40 graph are not required to have completed a firearms safety course and 41 test, provided, however, persons with a license issued under paragraph 42 (f) of subdivision two of this section prior to the effective date of 43 the laws of two thousand twenty-two which amended this paragraph shall 44 be required to complete the training required by subdivision nineteen of 45 this section prior to the recertification of such license; and (iii) 46 persons applying for a license under paragraph (f) of subdivision two of 47 this section on or after the effective date of the chapter of the laws 48 of two thousand twenty-two which amended this paragraph who shall be 49 required to complete the training required under subdivision nineteen of 50 this section for such license; (m) who has not had a guardian appointed 51 for him or her pursuant to any provision of state law, based on a deter- 52 mination that as a result of marked subnormal intelligence, mental 53 illness, incompetency, incapacity, condition or disease, he or she lacks 54 the mental capacity to contract or manage his or her own affairs; [and 55 (n) concerning whom no good cause exists for the denial of the license.] 56 (n) for a license issued under paragraph (f) of subdivision two of this S. 1 3 1 section, that the applicant has not been convicted within five years of 2 the date of the application of any of the following: (i) assault in 3 the third degree, as defined in section 120.00 of this chapter; (ii) 4 misdemeanor driving while intoxicated, as defined in section eleven 5 hundred ninety-two of the vehicle and traffic law; or (iii) menacing, as 6 defined in section 120.15 of this chapter; and (o) for a license issued 7 under paragraph (f) of subdivision two of this section, the applicant 8 shall meet in person with the licensing officer for an interview and 9 shall, in addition to any other information or forms required by the 10 license application submit to the licensing officer the following infor- 11 mation: (i) names and contact information for the applicant's 12 current spouse, or domestic partner, any other adults residing in the 13 applicant's home, including any adult children of the applicant, and 14 whether or not there are minors residing, full time or part time, in the 15 applicant's home; (ii) names and contact information of no less than 16 four character references who can attest to the applicant's good 17 moral character and that such applicant has not engaged in any acts, or 18 made any statements that suggest they are likely to engage in conduct 19 that would result in harm to themselves or others; (iii) certification 20 of completion of the training required in subdivision nineteen of this 21 section; (iv) a list of former and current social media accounts of 22 the applicant from the past three years to confirm the information 23 regarding the applicants character and conduct as required in subpara- 24 graph (ii) of this paragraph; and (v) such other information required by 25 the licensing officer that is reasonably necessary and related to the 26 review of the licensing application. 27 1-a. No person shall engage in the business of gunsmith or dealer in 28 firearms unless licensed pursuant to this section. An applicant to 29 engage in such business shall also be a citizen of the United States, 30 more than twenty-one years of age and shall be required to maintain a 31 place of business in the city or county where the license is issued. For 32 such business, if the applicant is a firm or partnership, each member 33 thereof shall comply with all of the requirements set forth in this 34 subdivision and if the applicant is a corporation, each officer thereof 35 shall so comply. 36 [1-a.] 1-b. For purposes of subdivision one of this section, serious 37 offense shall include an offense in any jurisdiction or the former penal 38 law that includes all of the essential elements of a serious offense as 39 defined by subdivision seventeen of section 265.00 of this chapter. 40 Nothing in this subdivision shall preclude the denial of a license based 41 on the commission of, arrest for or conviction of an offense in any 42 other jurisdiction which does not include all of the essential elements 43 of a serious offense. 44 2. Types of licenses. A license for gunsmith or dealer in firearms 45 shall be issued to engage in such business. A license for a semiautomat- 46 ic rifle, other than an assault weapon or disguised gun, shall be issued 47 to purchase or take possession of such a [firearm] semiautomatic rifle 48 when such transfer of ownership occurs on or after the effective date of 49 [the] chapter two hundred twelve of the laws of two thousand twenty-two 50 that amended this subdivision. A license for a pistol or revolver, other 51 than an assault weapon or a disguised gun, shall be issued to (a) have 52 and possess in his dwelling by a householder; (b) have and possess in 53 his place of business by a merchant or storekeeper; (c) have and carry 54 concealed while so employed by a messenger employed by a banking insti- 55 tution or express company; (d) have 56 the supreme court in the first or S.1 and carry concealed by a justice of second judicial departments, or by a 4 1 judge of the New York city civil court or the New York city criminal 2 court; (e) have and carry concealed while so employed by a regular 3 employee of an institution of the state, or of any county, city, town or 4 village, under control of a commissioner of correction of the city or 5 any warden, superintendent or head keeper of any state prison, peniten- 6 tiary, workhouse, county jail or other institution for the detention of 7 persons convicted or accused of crime or held as witnesses in criminal 8 cases, provided that application is made therefor by such commissioner, 9 warden, superintendent or head keeper; (f) have and carry concealed, 10 without regard to employment or place of possession subject to the 11 restrictions of state and federal law, by any person [when proper cause 12 exists for the issuance thereof]; and (g) have, possess, collect and 13 carry antique pistols which are defined as follows: (i) any single shot, 14 muzzle loading pistol with a matchlock, flintlock, percussion cap, or 15 similar type of ignition system manufactured in or before [l898] 1898, 16 which is not designed for using rimfire or conventional centerfire fixed 17 ammunition; and (ii) any replica of any pistol described in clause (i) 18 hereof if such replica[--]; 19 (1) is not designed or redesigned for using rimfire or conventional 20 centerfire fixed ammunition, or 21 (2) uses rimfire or conventional centerfire fixed ammunition which is 22 no longer manufactured in the United States and which is not readily 23 available in the ordinary channels of commercial trade. 24 4. Investigation. Before a license is issued or renewed, there shall 25 be an investigation of all statements required in the application by the 26 duly constituted police authorities of the locality where such applica- 27 tion is made, including but not limited to such records as may be acces- 28 sible to the division of state police or division of criminal justice 29 services pursuant to section 400.02 of this article. For that purpose, 30 the records of the appropriate office of the department of mental 31 hygiene concerning previous or present mental illness of the applicant 32 shall be available for inspection by the investigating officer of the 33 police authority. Where the applicant is domiciled in a foreign state, 34 the investigation shall include inquiry of the foreign state for records 35 concerning the previous or present mental illness of the applicant, and, 36 to the extent necessary for inspection by the investigating officer, the 37 applicant shall execute a waiver of confidentiality of such record in 38 such form as may be required by the foreign state. In order to ascertain 39 any previous criminal record, the investigating officer shall take the 40 fingerprints and physical descriptive data in quadruplicate of each 41 individual by whom the application is signed and verified. Two copies of 42 such fingerprints shall be taken on standard fingerprint cards eight 43 inches square, and one copy may be taken on a card supplied for that 44 purpose by the federal bureau of investigation; provided, however, that 45 in the case of a corporate applicant that has already been issued a 46 dealer in firearms license and seeks to operate a firearm dealership at 47 a second or subsequent location, the original fingerprints on file may 48 be used to ascertain any criminal record in the second or subsequent 49 application unless any of the corporate officers have changed since the 50 prior application, in which case the new corporate officer shall comply 51 with procedures governing an initial application for such license. When 52 completed, one standard card shall be forwarded to and retained by the 53 division of criminal justice services in the executive department, at 54 Albany. A search of the files of such division and written notification 55 of the results of the search shall be forwarded to the investigating 56 officer and shall be made without unnecessary delay. Thereafter, such S. 1 5 1 division shall notify the licensing officer and the executive depart- 2 ment, division of state police, Albany, of any criminal record of the 3 applicant filed therein subsequent to the search of its files. A second 4 standard card, or the one supplied by the federal bureau of investi- 5 gation, as the case may be, shall be forwarded to that bureau at Wash- 6 ington with a request that the files of the bureau be searched and 7 notification of the results of the search be made to the investigating 8 police authority. Of the remaining two fingerprint cards, one shall be 9 filed with the executive department, division of state police, Albany, 10 within ten days after issuance of the license, and the other shall 11 remain on file with the investigating police authority. No such finger- 12 prints may be inspected by any person other than a peace officer, who is 13 acting pursuant to his or her special duties, or a police officer, 14 except on order of a judge or justice of a court of record either upon 15 notice to the licensee or without notice, as the judge or justice may 16 deem appropriate. Upon completion of the investigation, the police 17 authority shall report the results to the licensing officer without 18 unnecessary delay. 19 4-a. Appeals from denial of an application, renewal, recertification 20 or license revocation. If an application for a license is denied, not 21 renewed, not recertified, or revoked, the licensing officer shall issue 22 a written notice to the applicant setting forth the reasons for such 23 denial. An applicant may, within ninety days of receipt of such notice, 24 request a hearing to appeal the denial to the appeals board created by 25 the division of criminal justice services and the superintendent of 26 state police. An individual may be represented by counsel at any appear- 27 ance before the appeals board and shall be afforded an opportunity to 28 present additional evidence in support of their application. The 29 commissioner of criminal justice services and the superintendent of 30 state police shall promulgate rules and regulations governing such 31 appeals process. 32 4-b. Processing of license applications. Applications for licenses 33 shall be accepted for processing by the licensing officer at the time of 34 presentment. Except upon written notice to the applicant specifically 35 stating the reasons for any delay, in each case the licensing officer 36 shall act upon any application for a license pursuant to this section 37 within six months of the date of presentment of such an application to 38 the appropriate authority. Such delay may only be for good cause and 39 with respect to the applicant. In acting upon an application, the 40 licensing officer shall either deny the application for reasons specif- 41 ically and concisely stated in writing or grant the application and 42 issue the license applied for. 43 [4-b.] 4-c. Westchester county firearms safety course certificate. In 44 the county of Westchester, at the time of application, the licensing 45 officer to which the license application is made shall provide a copy of 46 the safety course booklet to each license applicant. Before such license 47 is issued, such licensing officer shall require that the applicant 48 submit a certificate of successful completion of a firearms safety 49 course and test issued in his or her name and endorsed and affirmed 50 under the penalties of perjury by a duly authorized instructor. 51 10. License: expiration, certification and renewal. (a) Any license 52 for gunsmith or dealer in firearms and, in the city of New York, any 53 license to carry or possess a pistol or revolver, issued at any time 54 pursuant to this section or prior to the first day of July, nineteen 55 hundred sixty-three and not limited to expire on an earlier date fixed 56 in the license, shall, except as otherwise provided in paragraph (d) of S. 1 6 1 this subdivision, expire not more than three years after the date of 2 issuance. In the counties of Nassau, Suffolk and Westchester, any 3 license to carry or possess a pistol or revolver, issued at any time 4 pursuant to this section or prior to the first day of July, nineteen 5 hundred sixty-three and not limited to expire on an earlier date fixed 6 in the license, shall expire not more than five years after the date of 7 issuance; however, in the county of Westchester, any such license shall 8 be certified prior to the first day of April, two thousand, in accord- 9 ance with a schedule to be contained in regulations promulgated by the 10 commissioner of the division of criminal justice services, and every 11 such license shall, except as otherwise provided in paragraph (d) of 12 this subdivision, be recertified every five years thereafter. For 13 purposes of this section certification shall mean that the licensee 14 shall provide to the licensing officer the following information only: 15 current name, date of birth, current address, and the make, model, cali- 16 ber and serial number of all firearms currently possessed. Such certif- 17 ication information shall be filed by the licensing officer in the same 18 manner as an amendment. Elsewhere than in the city of New York and the 19 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 previously revoked or cancelled, shall be in force and effect 23 until revoked as herein provided. Any license not previously cancelled 24 or revoked shall remain in full force and effect for thirty days beyond 25 the stated expiration date on such license. Any application to renew a 26 license that has not previously expired, been revoked or cancelled shall 27 thereby extend the term of the license until disposition of the applica- 28 tion by the licensing officer. In the case of a license for gunsmith or 29 dealer in firearms, in counties having a population of less than two 30 hundred thousand inhabitants, photographs and fingerprints shall be 31 submitted on original applications and upon renewal thereafter [only] at 32 [six] three year intervals. Upon satisfactory proof that a currently 33 valid original license has been despoiled, lost or otherwise removed 34 from the possession of the licensee and upon application containing an 35 additional photograph of the licensee, the licensing officer shall issue 36 a duplicate license. 37 (b) All licensees shall be recertified to the division of state police 38 every five years thereafter, except as otherwise provided in paragraph 39 (d) of this subdivision. Any license issued before the effective date of 40 the chapter of the laws of two thousand thirteen which added this para- 41 graph shall be recertified by the licensee on or before January thirty- 42 first, two thousand eighteen, and not less than one year prior to such 43 date, the state police shall send a notice to all license holders who 44 have not recertified by such time. Such recertification shall be in a 45 form as approved by the superintendent of state police, which shall 46 request the license holder's name, date of birth, gender, race, residen- 47 tial address, social security number, firearms possessed by such license 48 holder, email address at the option of the license holder and an affir- 49 mation that such license holder is not prohibited from possessing 50 firearms. The form may be in an electronic form if so designated by the 51 superintendent of state police. Failure to recertify shall act as a 52 revocation of such license. If the New York state police discover as a 53 result of the recertification process that a licensee failed to provide 54 a change of address, the New York state police shall not require the 55 licensing officer to revoke such license. S.1 1 (c) A license to purchase or take 2 as defined in subdivision two of 3 the applicable licensing officer every five years following the issuance 4 of such license. Failure to renew such a license shall be a violation 5 punishable by a fine not to exceed two hundred fifty dollars, and such 7 possession of a semiautomatic rifle this section shall be recertified to 6 failure to renew shall be considered by the licensing officer when 7 reviewing future license applications by the license holder pursuant to 8 this chapter. 9 (d) Licenses issued under paragraph (f) of subdivision two of this 10 section shall be recertified or renewed in the same form and manner as 11 otherwise required by this subdivision, provided however, that such 12 licenses shall be recertified or renewed every three years following the 13 issuance of such license. For licenses issued prior to the effective 14 date of this paragraph that were issued more than three years prior to 15 such date, or will expire in less than one year from such date shall be 16 recertified or renewed within one year of such date. 17 11. License: revocation and suspension. (a) The conviction of a licen- 18 see anywhere of a felony or serious offense or a licensee at any time 19 becoming ineligible to obtain a license [under this section shall oper- 20 ate as], including engaging in conduct that would have resulted in the 21 denial of a license, under this section shall operate as or be grounds 22 for, a revocation of the license. A license may be revoked or suspended 23 as provided for in section 530.14 of the criminal procedure law or 24 section eight hundred forty-two-a of the family court act. Except for a 25 license issued pursuant to section 400.01 of this article, a license may 26 be revoked and cancelled at any time in the city of New York, and in the 27 counties of Nassau and Suffolk, by the licensing officer, and elsewhere 28 than in the city of New York by any judge or justice of a court of 29 record; a license issued pursuant to section 400.01 of this article may 30 be revoked and cancelled at any time by the licensing officer or any 31 judge or justice of a court of record. A license to engage in the busi- 32 ness of dealer may be revoked or suspended for any violation of the 33 provisions of article thirty-nine-BB of the general business law. The 34 official revoking a license shall give written notice thereof without 35 unnecessary delay to the executive department, division of state police, 36 Albany, and shall also notify immediately the duly constituted police 37 authorities of the locality. The licensing officer shall revoke any 38 license issued in which an applicant knowingly made a material false 39 statement on the application. Notice of a revocation under this subdi- 40 vision shall be issued in writing and shall include the basis for the 41 determination, which shall be supported by a preponderance of the 42 evidence. Such notice shall also include information regarding the abil- 43 ity to appeal such decision in accordance with subdivision four-a of 44 this section. 45 (b) Whenever the director of community services or his or her designee 46 makes a report pursuant to section 9.46 of the mental hygiene law, the 47 division of criminal justice services shall convey such information, 48 whenever it determines that the person named in the report possesses a 49 license issued pursuant to this section, to the appropriate licensing 50 official, who shall issue an order suspending or revoking such license. 51 (c) In any instance in which a person's license is suspended or 52 revoked under paragraph (a) or (b) of this subdivision, such person 53 shall surrender such license to the appropriate licensing official and 54 any and all firearms, rifles, or shotguns owned or possessed by such 55 person shall be surrendered to an appropriate law enforcement agency as 56 provided in subparagraph (f) of paragraph one of subdivision a of S. 1 8 1 section 265.20 of this chapter. In the event such license, firearm, 2 shotgun, or rifle is not surrendered, such items shall be removed and 3 declared a nuisance and any police officer or peace officer acting 4 pursuant to his or her special duties is authorized to remove any and 5 all such weapons. 6 § 2. Section 837 of the executive law is amended by adding a new 7 subdivision 23 to read as follows: 8 9 10 23. (a) In conjunction with the superintendent of the state police, promulgate policies and procedures with regard to standardization of firearms safety training required under subdivision nineteen of section 11 400.00 of the penal law, which shall include the approval of course 12 materials and promulgation of proficiency standards for live fire train- 13 ing; and 14 15 16 17 regulations governing such appeals. 18 §3.The executive law is amended by adding a new section 235 to read 19 as follows: (b) In conjunction with the superintendent of state police, create an appeals board for the purpose of hearing appeals as provided in subdivi- sion four-a of section 400.00 of the penal law and promulgate rules and 20 § 235. Firearms safety training, and licensing appeals. 1. The super- 21 intendent shall, in conjunction with the commissioner of the division of 22 criminal justice services, promulgate policies and procedures with 23 regard to standardization of firearms safety training required under 24 subdivision nineteen of section 400.00 of the penal law, which shall 25 include the approval of course materials and the promulgation of profi- 26 ciency standards for live fire training. 27 2. The superintendent, in conjunction with the commissioner of the 28 division of criminal justice services, shall create an appeals board for 29 the purpose of hearing appeals as provided in subdivision four-a of 30 section 400.00 of the penal law and promulgate rules and regulations 31 governing such appeals. 32 § 4. The penal law is amended by adding a new section 265.01-e to read 33 as follows: 34 35 36 37 38 39 40 41 42 43 courts; 44 (b) any location providing health, behavioral health, or chemical 45 dependance care or services; § 265.01-e Criminal possession of a firearm, rifle or shotgun in a sensitive location. 1. A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location. 2. For the purposes of this section, a sensitive location shall mean: (a) any place owned or under the control of federal, state or local government, for the purpose of government administration, including 46 47 48 49 50 51 52 53 54 (c) any place of worship or religious observation; (d) libraries, public playgrounds, public parks, and zoos; (e) the location of any program licensed, regulated, certified, fund- ed, or approved by the office of children and family services that provides services to children, youth, or young adults, any legally exempt childcare provider; a childcare program for which a permit to operate such program has been issued by the department of health and mental hygiene pursuant to the health code of the city of New York; (f) S.1 nursery schools, preschools, and summer camps; 9 the location of any program licensed, regulated, certified, oper- or funded by the office for people with developmental disabili- 1 2 3 ties; (g) ated, 4 5 6 7 ated, or funded by the office of mental health; (h) the location of any program licensed, regulated, certified, oper- ated, or funded by office of addiction services and supports; (i) the location of any program licensed, regulated, certified, oper- 8 9 10 11 12 13 15 16 17 the location of any program licensed, regulated, certified, oper- or funded by the office of temporary and disability assistance; homeless shelters, runaway homeless youth shelters, family shel- shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence; (j) ated, (k) ters, (l) residential settings licensed, certified, regulated, funded, or 14 operated by the department of health; (m) in or upon any building or grounds, owned or leased, of any educa- tional institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools licensed 18 under article one hundred one of the education law, charter schools, 19 non-public schools, board of cooperative educational services, special 20 act schools, preschool special education programs, private residential 21 or non-residential schools for the education of students with disabili- 22 ties, and any state-operated or state-supported schools; 23 (n) any place, conveyance, or vehicle used for public transportation 24 or public transit, subway cars, train cars, buses, ferries, railroad, 25 omnibus, marine or aviation transportation; or any facility used for or 26 in connection with service in the transportation of passengers, 27 airports, train stations, subway and rail stations, and bus terminals; 28 (o) any establishment issued a license for on-premise consumption 29 pursuant to article four, four-A, five, or six of the alcoholic beverage 30 control law where alcohol is consumed and any establishment licensed 31 under article four of the cannabis law for on-premise consumption; 32 (p) any place used for the performance, art entertainment, gaming, or 33 sporting events such as theaters, stadiums, racetracks, museums, amuse- 34 ment parks, performance venues, concerts, exhibits, conference centers, 35 banquet halls, and gaming facilities and video lottery terminal facili- 36 ties as licensed by the gaming commission; 37 38 39 40 41 42 43 44 45 tutional rights to protest or assemble; (q) any location being used as a polling place; (r) any public sidewalk or other public area restricted from general public access for a limited time or special event that has been issued a permit for such time or event by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise had such access restricted by a governmental entity, provided such location is identified as such by clear and conspicuous signage; (s) any gathering of individuals to collectively express their consti- 46 47 48 49 50 51 52 53 54 55 criminal procedure law; (t) the area commonly known as Times Square, as such area is deter- mined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage. 3. This section shall not apply to: (a) consistent with federal law, law enforcement who qualify to carry under the federal law enforcement officers safety act, 18 U.S.C. 926C; (b) persons who are police officers as defined in subdivision thirty- four of section 1.20 of (c) persons who are the criminal procedure law; designated peace officers by section 2.10 of the 10 police officers as defined in subdi- of the criminal procedure law but are S.1 1 (d) persons who were employed as 2 vision thirty-four of section 1.20 3 retired; 4 5 6 7 their work hours as such a security guard; (e) security guards as defined by and registered under article seven-A of the general business law, who have been granted a special armed registration card, while at the location of their employment and during 8 9 10 (f) active-duty military personnel; (g) persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of his or her 11 official duties; 12 (h) a government employee under the express written consent of such 13 employee's supervising government entity for the purposes of natural 14 resource protection and management; 15 (i) persons lawfully engaged in hunting activity, including hunter 16 education training; or 17 18 19 20 21 22 23 location is a class E felony. (j) persons operating a program in a sensitive location out of their residence, as defined by this section, which is licensed, certified, authorized, or funded by the state or a municipality, so long as such possession is in compliance with any rules or regulations applicable to the operation of such program and use or storage of firearms. Criminal possession of a firearm, rifle or shotgun in a sensitive 24 § 5. The penal law is amended by adding a new section 265.01-d to read 25 as follows: 26 27 28 29 30 31 32 33 34 35 36 dure law; 37 (b) persons who are designated peace officers as defined in section 38 2.10 of the criminal procedure law; § 265.01-d Criminal possession of a weapon in a restricted location. 1. A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent. 2. This section shall not apply to: (a) police officers as defined in section 1.20 of the criminal proce- 39 40 41 42 43 44 work hours as such a security guard; (c) persons who were employed as police officers as defined in section 1.20 of the criminal procedure law, but are retired; (d) security guards as defined by and registered under article seven-A of the general business law who has been granted a special armed regis- tration card, while at the location of their employment and during their 45 46 47 48 official duties; or 49 (g) persons lawfully engaged in hunting activity. 50 Criminal possession of a weapon in a restricted location is a class E 51 felony. (e) active-duty military personnel; (f) persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of his or her 52 53 54 55 § 6. Subdivision a of section 265.20 of the penal law is amended by adding a new paragraph 3-a to read as follows: 3-a. Possession of a pistol or revolver by a person undergoing live- fire range training pursuant to section 400.00 of this chapter while S. 1 11 1 2 authorized instructor. 3 § 7. Section 400.02 of the penal law, as amended by chapter 244 of the 4 laws of 2019, is amended to read as follows: 5 § 400.02 Statewide license and record database. 6 1. There shall be a statewide license and record database which shall 7 be created and maintained by the division of state police the cost of 8 which shall not be borne by any municipality. Records assembled or 9 collected for purposes of inclusion in such database shall not be 10 subject to disclosure pursuant to article six of the public officers 11 law. [Records] All records containing granted license applications from 12 all licensing authorities shall be [periodically] monthly checked by the 13 division of criminal justice services in conjunction with the division 14 of state police against criminal conviction, criminal indictment, mental 15 health, extreme risk protection orders, orders of protection, and all 16 other records as are necessary to determine their continued accuracy as 17 well as whether an individual is no longer a valid license holder. The 18 division of criminal justice services shall also check pending applica- 19 tions made pursuant to this article against such records to determine 20 whether a license may be granted. All state and local agencies shall 21 cooperate with the division of criminal justice services, as otherwise 22 authorized by law, in making their records available for such checks. 23 The division of criminal justice services, upon determining that an 24 individual is ineligible to possess a license, or is no longer a valid 25 license holder, shall notify the applicable licensing official of such 26 determination and such licensing official shall not issue a license or 27 shall revoke such license and any weapons owned or possessed by such 28 individual shall be removed consistent with the provisions of subdivi- 29 sion eleven of section 400.00 of this article. Local and state law such person is undergoing such training and is supervised by a duly 30 enforcement shall have access to such database in the performance of 31 their duties. Records assembled or collected for purposes of inclusion 32 in the database established by this section shall be released pursuant 33 to a court order. 34 2. There shall be a statewide license and record database specific for 35 ammunition sales which shall be created and maintained by the division 36 of state police the cost of which shall not be borne by any municipality 37 no later than thirty days upon designating the division of state police 38 as the point of contact to perform both firearm and ammunition back- 39 ground checks under federal and state law. Records assembled or 40 collected for purposes of inclusion in such database shall not be 41 subject to disclosure pursuant to article six of the public officers 42 law. All records containing granted license applications from all 43 licensing authorities shall be monthly checked by the division of crimi- 44 nal justice services in conjunction with the division of state police 45 against criminal conviction, criminal indictments, mental health, 46 extreme risk protection orders, orders of protection, and all other 47 records as are necessary to determine their continued accuracy as well 48 as whether an individual is no longer a valid license holder. The divi- 49 sion of criminal justice services shall also check pending applications 50 made pursuant to this article against such records to determine whether 51 a license may be granted. All state and local agencies shall cooperate 52 with the division of criminal justice services, as otherwise authorized 53 by law, in making their records available for such checks. No later than 54 thirty days after the superintendent of the state police certifies that 55 the statewide license and record database established pursuant to this 56 section and the statewide license and record database established for S. 1 12 1 ammunition sales are operational for the purposes of this section, a 2 dealer in firearms licensed pursuant to section 400.00 of this article, 3 a seller of ammunition as defined in subdivision twenty-four of section 4 265.00 of this chapter shall not transfer any ammunition to any other 5 person who is not a dealer in firearms as defined in subdivision nine of 6 such section 265.00 or a seller of ammunition as defined in subdivision 7 twenty-four of section 265.00 of this chapter, unless: 8 (a) before the completion of the transfer, the licensee or seller 9 contacts the statewide license and record database and provides the 10 database with information sufficient to identify such dealer or seller 11 transferee based on information on the transferee's identification docu- 12 ment as defined in paragraph (c) of this subdivision, as well as the 13 amount, caliber, manufacturer's name and serial number, if any, of such 14 ammunition; 15 (b) the licensee or seller is provided with a unique identification 16 number; and 17 (c) the transferor has verified the identity of the transferee by 18 examining a valid state identification document of the transferee issued 19 by the department of motor vehicles or if the transferee is not a resi- 20 dent of the state of New York, a valid identification document issued by 21 the transferee's state or country of residence containing a photograph 22 of the transferee. 23 § 8. Subdivisions 2 and 6 of section 400.03 of the penal law, as added 24 by chapter 1 of the laws of 2013, are amended to read as follows: 25 2. Any seller of ammunition or dealer in firearms shall keep [a record 26 book] either an electronic record, or dataset, or an organized 27 collection of structured information, or data, typically stored elec- 28 tronically in a computer system approved as to form by the superinten- 29 dent of state police. In the record [book] shall be entered at the time 30 of every transaction involving ammunition the date, name, age, occupa- 31 tion and residence of any person from whom ammunition is received or to 32 whom ammunition is delivered, and the amount, calibre, manufacturer's 33 name and serial number, or if none, any other distinguishing number or 34 identification mark on such ammunition. [The record book shall be main- 35 tained on the premises mentioned and described in the license and shall 36 be open at all reasonable hours for inspection by any peace officer, 37 acting pursuant to his or her special duties, or police officer. Any 38 record produced pursuant to this section and any transmission thereof to 39 any government agency shall not be considered a public record for 40 purposes of article six of the public officers law.] 41 6. If the superintendent of state police certifies that background 42 checks of ammunition purchasers may be conducted through the national 43 instant criminal background check system or through the division of 44 state police once the division has been designated point of contact, use 45 of that system by a dealer or seller shall be sufficient to satisfy 46 subdivisions four and five of this section and such checks shall be 47 conducted through such system, provided that a record of such trans- 48 action shall be forwarded to the state police in a form determined by 49 the superintendent. 50 § 9. Section 265.45 of the penal law, as amended by chapter 133 of the 51 laws of 2019, is amended to read as follows: 52 § 265.45 Failure to safely store rifles, shotguns, and firearms in the 53 first degree. 54 1. No person who owns or is custodian of a rifle, shotgun or firearm 55 who resides with an individual who: (i) is under [sixteen] eighteen 56 years of age; (ii) such person knows or has reason to know is prohibited S. 1 13 1 from possessing a rifle, shotgun or firearm pursuant to a temporary or 2 final extreme risk protection order issued under article sixty-three-A 3 of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) 4 or (9); or (iii) such person knows or has reason to know is prohibited 5 from possessing a rifle, shotgun or firearm based on a conviction for a 6 felony or a serious offense, shall store or otherwise leave such rifle, 7 shotgun or firearm out of his or her immediate possession or control 8 without having first securely locked such rifle, shotgun or firearm in 9 an appropriate safe storage depository or rendered it incapable of being 10 fired by use of a gun locking device appropriate to that weapon. 11 2. No person shall store or otherwise leave a rifle, shotgun, or 12 firearm out of his or her immediate possession or control inside a vehi- 13 cle without first removing the ammunition from and securely locking such 14 rifle, shotgun, or firearm in an appropriate safe storage depository out 15 of sight from outside of the vehicle. 16 3. For purposes of this section "safe storage depository" shall mean a 17 safe or other secure container which, when locked, is incapable of being 18 opened without the key, keypad, combination or other unlocking mechanism 19 and is capable of preventing an unauthorized person from obtaining 20 access to and possession of the weapon contained therein and shall be 21 fire, impact, and tamper resistant. Nothing in this section shall be 22 deemed to affect, impair or supersede any special or local act relating 23 to the safe storage of rifles, shotguns or firearms which impose addi- 24 tional requirements on the owner or custodian of such weapons. For the 25 purposes of subdivision two of this section, a glove compartment or 26 glove box shall not be considered an appropriate safe storage deposito- 27 ry. 28 4. It shall not be a violation of this section to allow a person less 29 than [sixteen] eighteen years of age access to: (i) a firearm, rifle or 30 shotgun for lawful use as authorized under paragraph seven or seven-e of 31 subdivision a of section 265.20 of this article, or (ii) a rifle or 32 shotgun for lawful use as authorized by article eleven of the environ- 33 mental conservation law when such person less than [sixteen] eighteen 34 years of age is the holder of a hunting license or permit and such rifle 35 or shotgun is used in accordance with such law. 36 Failure to safely store rifles, shotguns, and firearms in the first 37 degree is a class A misdemeanor. 38 § 10. The penal law is amended by adding a new section 400.30 to read 39 as follows: 40 § 400.30 Application. 41 42 43 44 forth in or established by this article. 45 § 11. Section 270.20 of the penal law, as added by chapter 56 of the 46 laws of 1984, and subdivision 1 as amended by chapter 317 of the laws of 47 2001, is amended to read as follows: Nothing in this article shall be construed to impair or in any way prevent the enactment or application of any local law, code, ordinance, rule or regulation that is more restrictive than any requirement set 48 § 270.20 Unlawful wearing of [a] body [vest] armor. 49 1. A person is guilty of the unlawful wearing of [a] body [vest] armor 50 when acting either alone or with one or more other persons he commits 51 any violent felony offense defined in section 70.02 while possessing a 52 firearm, rifle or shotgun and in the course of and in furtherance of 53 such crime he or she wears [a] body [vest] armor. 54 2. For the purposes of this section [a] "body [vest] armor" means [a 55 bullet-resistant soft body armor providing, as a minimum standard, the 56 level of protection known as threat level I which shall mean at least S. 1 14 1 seven layers of bullet-resistant material providing protection from 2 three shots of one hundred fifty-eight grain lead ammunition fired from 3 a .38 calibre handgun at a velocity of eight hundred fifty feet per 4 second] any product that is a personal protective body covering intended 5 to protect against gunfire, regardless of whether such product is to be 6 worn alone or is sold as a complement to another product or garment. 7 The unlawful wearing of [a] body [vest] armor is a class E felony. 8 § 12. Section 270.21 of the penal law, as added by chapter 210 of the 9 laws of 2022, is amended to read as follows: 10 § 270.21 Unlawful purchase of [a] body [vest] armor. 11 A person is guilty of the unlawful purchase of [a] body [vest] armor 12 when, not being engaged or employed in an eligible profession, they 13 knowingly purchase or take possession of [a] body [vest] armor, as such 14 term is defined in subdivision two of section 270.20 of this article. 15 This section shall not apply to individuals or entities engaged or 16 employed in eligible professions, which shall include police officers as 17 defined in section 1.20 of the criminal procedure law, peace officers as 18 defined in section 2.10 of the criminal procedure law, persons in mili- 19 tary service in the state of New York or military or other service for 20 the United States, and such other professions designated by the depart- 21 ment of state in accordance with section one hundred forty-four-a of the 22 executive law. 23 24 25 26 laws of 2022, is amended to read as follows: 27 § 270.22 Unlawful sale of [a] body [vest] armor. 28 A person is guilty of the unlawful sale of [a] body [vest] armor when 29 they sell, exchange, give or dispose of [a] body [vest] armor, as such 30 term is defined in subdivision two of section 270.20 of this article, to 31 an individual whom they know or reasonably should have known is not 32 engaged or employed in an eligible profession, as such term is defined 33 in section 270.21 of this article. 34 35 36 37 38 39 40 41 42 43 44 Unlawful sale of [a] body [vest] armor is a class A misdemeanor for the first offense and a class E felony for any subsequent offense. Unlawful purchase of [a] body [vest] armor is a class A misdemeanor for a first offense and a class E felony for any subsequent offense. § 13. Section 270.22 of the penal law, as added by chapter 210 of the § 14. Section 396-eee of the general business law, as 210 of the laws of 2022, is amended to read as follows: § 396-eee. Unlawful sale or delivery of body [vests] person, firm or corporation shall sell or deliver body any individual or entity not engaged or employed in an eligible profes- sion, and except as provided in subdivision [three] two of this section, no such sale or delivery shall be permitted unless the transferee meets in person with the transferor to accomplish such sale or delivery. 2. The provisions of subdivision one of this section regarding in added by chapter armor. 1. No [vests] armor to 45 person sale or delivery shall not apply to purchases made by federal, 46 state, or local government agencies for the purpose of furnishing such 47 body [vests] armor to employees in eligible professions. 48 3. For the purposes of this section, "body [vest] armor" shall have 49 the same meaning as defined in subdivision two of section 270.20 of the 50 penal law. 51 52 53 54 55 56 the laws of 2022, is amended to read as follows: 4. Any person, firm or corporation that violate the provisions of this section shall be guilty of a violation punishable by a fine in an amount not to exceed five thousand dollars for the first offense and in an amount not to exceed ten thousand dollars for any subsequent offense. § 15. Section 144-a of the executive law, as added by chapter 210 of S. 1 15 1 § 144-a. Eligible professions for the purchase, sale, and use of body 2 [vests] armor. The secretary of state in consultation with the division 3 of criminal justice services, the division of homeland security and 4 emergency services, the department of corrections and community super- 5 vision, the division of the state police, and the office of general 6 services shall promulgate rules and regulations to establish criteria 7 for eligible professions requiring the use of [a] body [vest] armor, as 8 such term is defined in subdivision two of section 270.20 of the penal 9 law. Such professions shall include those in which the duties may expose 10 the individual to serious physical injury that may be prevented or miti- 11 gated by the wearing of [a] body [vest] armor. Such rules and regu- 12 lations shall also include a process by which an individual or entity 13 may request that the profession in which they engage be added to the 14 list of eligible professions, a process by which the department shall 15 approve such professions, and a process by which individuals and enti- 16 ties may present proof of engagement in eligible professions when 17 purchasing [a] body [vest] armor. 18 § 16. The executive law is amended by adding a new section 228 to read 19 as follows: 20 § 228. National instant criminal background checks. 1. (a) The divi- 21 sion is hereby authorized and directed to serve as a state point of 22 contact for implementation of 18 U.S.C. sec. 922 (t), all federal regu- 23 lations and applicable guidelines adopted pursuant thereto, and the 24 national instant criminal background check system for the purchase of 25 firearms and ammunition. 26 (b) Upon receiving a request from a licensed dealer pursuant to 27 section eight hundred ninety-six or eight hundred ninety-eight of the 28 general business law, the division shall initiate a background check by 29 (i) contacting the National Instant Criminal Background Check System 30 (NICS) or its successor to initiate a national instant criminal back- 31 ground check, and (ii) consulting the statewide firearms license and 32 records database established pursuant to subdivision three of this 33 section, in order to determine if the purchaser is a person described in 34 sections 400.00 and 400.03 of the penal law, or is prohibited by state 35 or federal law from possessing, receiving, owning, or purchasing a 36 firearm or ammunition. 37 38 39 40 41 42 43 44 firearms or ammunition. 45 (c) Any background check conducted by the division, or delegated 46 authority, of any applicant for a permit, firearms identification card 47 license, ammunition sale, or registration, in accordance with the 48 requirements of section 400.00 of the penal law, shall not be considered 49 a public record and shall not be disclosed to any person not authorized 2. (a) The division shall report the name, date of birth and physical description of any person prohibited from possessing a firearm pursuant to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal back- ground check system index, denied persons files. (b) Information provided pursuant to this section shall remain privi- leged and confidential, and shall not be disclosed, except for the purpose of enforcing federal or state law regarding the purchase of 50 by law or this chapter to have access to such background check, includ- 51 ing the applicant. Any application for a permit, firearms identification 52 card, ammunition sale, or license, and any document reflecting the issu- 53 ance or denial of such permit, firearms identification card, or license, 54 and any permit, firearms identification card, license, certification, 55 certificate, form of register, or registration statement, maintained by 56 any state or municipal governmental agency, shall not be considered a S. 1 16 1 public record and shall not be disclosed to any person not authorized by 2 law to have access to such documentation, including the applicant, 3 except on the request of persons acting in their governmental capacities 4 for purposes of the administration of justice. 5 3. The division shall create and maintain a statewide firearms license 6 and records database which shall contain records held by the division 7 and any records that it is authorized to request from the division of 8 criminal justice services, office of court administration, New York 9 state department of health, New York state office of mental health, and 10 other local entities. Such database shall be used for the certification 11 and recertification of firearm permits under section 400.02 of the penal 12 law, assault weapon registration under subdivision sixteen-a of section 13 400.00 of the penal law, and ammunition sales under section 400.03 of 14 the penal law. Such database shall also be used to initiate a national 15 instant criminal background check pursuant to subdivision one of this 16 section upon request from a licensed dealer. The division may create and 17 maintain additional databases as needed to complete background checks 18 pursuant to the requirements of this section. 19 4. The superintendent shall promulgate a plan to coordinate background 20 checks for firearm and ammunition purchases pursuant to this section and 21 to require any person, firm or corporation that sells, delivers or 22 otherwise transfers any firearm or ammunition to submit a request to the 23 division in order to complete the background checks in compliance with 24 federal and state law, including the National Instant Criminal Back- 25 ground Check System (NICS), in New York state. Such plan shall include, 26 but shall not be limited to, the following features: 27 (a) The creation of a centralized bureau within the division to 28 receive and process all background check requests, which shall include a 29 contact center unit and an appeals unit. Staff may include but is not 30 limited to: bureau chief, supervisors, managers, different levels of 31 administrative analysts, appeals specialists and administrative person- 32 nel. The division shall employ and train such personnel to administer 33 the provisions of this section. 34 (b) Procedures for carrying out the duties under this section, includ- 35 ing hours of operation. 36 (c) An automated phone system and web-based application system, 37 including a toll-free telephone number and/or web-based application 38 option for any licensed dealer requesting a background check in order to 39 sell, deliver or otherwise transfer a firearm which shall be operational 40 every day that the bureau is open for business for the purpose of 41 responding to requests in accordance with this section. 42 5. (a) Each licensed dealer that submits a request for a national 43 instant criminal background check pursuant to this section shall pay a 44 fee imposed by the bureau for performing such background check. Such fee 45 shall be allocated to the background check fund established pursuant to 46 section ninety-nine-pp of the state finance law. The amount of the fee 47 shall not exceed the total amount of direct and indirect costs incurred 48 by the bureau in performing such background check. 49 (b) The bureau shall transmit all moneys collected pursuant to this 50 paragraph to the state comptroller, who shall credit the same to the 51 background check fund. 52 6. On January fifteenth of each calendar year, the bureau shall submit 53 a report to the governor, the temporary president of the senate, and the 54 speaker of the assembly concerning: S. 1 17 1 a. the number of employees used by the bureau in the preceding year 2 for the purpose of performing background checks pursuant to this 3 section; 4 5 6 7 8 pursuant to this paragraph. 9 7. Within sixty days of the effective date of this section, the super- b. the number of background check requests received and processed during the preceding calendar year, including the number of "proceed" responses and the number and reasons for denials; c. the calculations used to determine the amount of the fee imposed 10 intendent shall notify each licensed dealer holding a permit to sell 11 firearms of the requirement to submit a request to the division to 12 initiate a background check pursuant to this section as well as the 13 following means to be used to apply for background checks: 14 i. any person, firm or corporation that sells, delivers or otherwise 15 transfers firearms shall obtain a completed ATF 4473 form from the 16 potential buyer or transferee including name, date of birth, gender, 17 race, social security number, or other identification numbers of such 18 potential buyer or transferee and shall have inspected proper identifi- 19 cation including an identification containing a photograph of the poten- 20 tial buyer or transferee. 21 ii. it shall be unlawful for any person, in connection with the sale, 22 acquisition or attempted acquisition of a firearm from any transferor, 23 to willfully make any false, fictitious oral or written statement or to 24 furnish or exhibit any false, fictitious, or misrepresented identifica- 25 tion that is intended or likely to deceive such transferor with respect 26 to any fact material to the lawfulness of the sale or other disposition 27 of such firearm under federal or state law. Any person who violates the 28 provisions of this subparagraph shall be guilty of a class A misdemea- 29 nor. 30 8. Any potential buyer or transferee shall have thirty days to appeal 31 the denial of a background check, using a form established by the super- 32 intendent. Upon receipt of an appeal, the division shall provide such 33 applicant a reason for a denial within thirty days. Upon receipt of the 34 reason for denial, the appellant may appeal to the attorney general. 35 § 17. Subdivision 2 of section 898 of the general business law, as 36 added by chapter 129 of the laws of 2019, is amended to read as follows: 37 2. Before any sale, exchange or disposal pursuant to this article, a 38 national instant criminal background check must be completed by a dealer 39 who [consents] shall submit a request to the division of state police 40 pursuant to section two hundred twenty-eight of the executive law to 41 conduct such check[, and upon completion of such background check, shall 42 complete a document, the form of which shall be approved by the super- 43 intendent of state police, that identifies and confirms that such check 44 was performed]. Before a dealer who [consents] has submitted a request 45 to the division of state police to conduct a national instant criminal 46 background check delivers a firearm, rifle or shotgun to any person, 47 either (a) NICS shall have issued a "proceed" response [to the dealer], 48 or (b) thirty calendar days shall have elapsed since the date the dealer 49 [contacted] submitted a request to the division of state police to 50 contact the NICS to initiate a national instant criminal background 51 check and NICS has not notified the [dealer] division of state police 52 that the transfer of the firearm, rifle or shotgun to such person should 53 be denied. 54 § 18. Paragraph (c) of subdivision 1 of section 896 of the general 55 business law, as 56 read as follows: 1 2 3 added by chapter 189 of the laws of 2000, is amended to 18 with the division of state police to provide access at the gun show to [a firearm dealer licensed under federal law who is authorized to] perform a national instant criminal background check S.1 (c) coordinate 4 [where the seller or transferor of a firearm, rifle or shotgun is not 5 authorized to conduct such a check by (i) requiring firearm exhibitors 6 who are firearm dealers licensed under federal law and who are author- 7 ized to conduct a national instant criminal background check to provide 8 such a check at cost or (ii) designating a specific location at the gun 9 show where a firearm dealer licensed under federal law who is authorized 10 to conduct a national instant criminal background check will be present 11 to perform such a check at cost] prior to any firearm sale or transfer. 12 Any firearm dealer licensed under federal law who [performs] submits a 13 request to the division of state police to perform a national instant 14 criminal background check pursuant to this paragraph shall provide the 15 seller or transferor of the firearm, rifle or shotgun with a copy of the 16 United States Department of Treasury, Bureau of Alcohol, Tobacco and 17 Firearms Form ATF F 4473 and such dealer shall maintain such form and 18 make such form available for inspection by law enforcement agencies for 19 a period of ten years thereafter. 20 21 22 23 24 25 26 27 28 29 30 31 as follows: § 19. Subdivision 6 of section 400.03 of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows: 6. If the superintendent of state police certifies that background checks of ammunition purchasers may be conducted through the national instant criminal background check system, [use of that system by] a dealer or seller shall contact the division of state police to conduct such check which shall be sufficient to satisfy subdivisions four and five of this section [and such checks shall be conducted through such system, provided that a record of such transaction shall be forwarded to the state police in a form determined by the superintendent]. § 20. The penal law is amended by adding a new section 400.06 to read 32 33 34 35 36 37 38 A misdemeanor. 39 § 21. The state finance law is amended by adding a new section 99-pp 40 to read as follows: 41 § 99-pp. Background check fund. 1. There is hereby established in the 42 joint custody of the state comptroller and commissioner of taxation and 43 finance a special fund to be known as the "background check fund". 44 2. Such fund shall consist of all revenues received by the comp- 45 troller, pursuant to the provisions of section two hundred twenty-eight 46 of the executive law and all other moneys appropriated thereto from any 47 other fund or source pursuant to law. Nothing contained in this section 48 shall prevent the state from receiving grants, gifts or bequests for the 49 purposes of the fund as defined in this section and depositing them into 50 the fund according to law. § 400.06 National instant criminal background checks. 1. Any dealer in firearms that sells, delivers or otherwise transfers any firearm shall contact the division of state police to conduct a national instant criminal background check pursuant to section two hundred twenty-eight of the executive law. 2. Failure to comply with the requirements of this section is a class 51 52 53 54 eight of the executive law. 55 4. The state comptroller may invest any moneys in the background check 56 fund not expended for the purpose of this section as provided by law. 3. The moneys of the background check fund, following appropriation by the legislature, shall be allocated for the direct costs associated with performing background checks pursuant to section two hundred twenty- S. 1 19 1 The state comptroller shall credit any interest and income derived from 2 the deposit and investment of moneys in the background check fund to the 3 background check fund. 4 5 6 7 8 5. (a) Any unexpended and unencumbered moneys remaining in the back- ground check fund at the end of a fiscal year shall remain in the back- ground check fund and shall not be credited to any other fund. (b) To the extent practicable, any such remaining funds shall be used to reduce the amount of the fee described in subdivision two of section 9 two hundred twenty-eight of the executive law. 10 § 22. Subdivision 19 of section 265.00 of the penal law, as amended by 11 chapter 150 of the laws of 2020, is amended to read as follows: 12 19. "Duly authorized instructor" means (a) a duly commissioned officer 13 of the United States army, navy, marine corps or coast guard, or of the 14 national guard of the state of New York; or (b) a duly qualified adult 15 citizen of the United States who has been granted a certificate as an 16 instructor in small arms practice issued by the United States army, navy 17 or marine corps, or by the adjutant general of this state, or by the 18 division of criminal justice services, or by the national rifle associ- 19 ation of America, a not-for-profit corporation duly organized under the 20 laws of this state; (c) by a person duly qualified and designated by the 21 department of environmental conservation [under paragraph c of subdivi- 22 sion three of section 11-0713 of the environmental conservation law] as 23 its agent in the giving of instruction and the making of certifications 24 of qualification in responsible hunting practices; or (d) a New York 25 state 4-H certified shooting sports instructor. 26 § 23. Subdivision 18 of section 400.00 of the penal law, as added by 27 chapter 135 of the laws of 2019, is amended and a new subdivision 19 is 28 added to read as follows: 29 18. Notice. Upon the issuance of a license, the licensing officer 30 shall issue therewith, and such licensee shall attest to the receipt of, 31 the following [notice] information and notifications: (a) the grounds 32 for which the license issued may be revoked, which shall include but not 33 be limited to the areas and locations for which the licenses issued 34 under paragraph (f) of subdivision two of this section prohibits the 35 possession of firearms, rifles, and shotguns, and that a conviction 36 under sections 265.01-d and 265.01-e of this chapter are felonies for 37 which licensure will be revoked; (b) a notification regarding the requirements for safe storage which shall be in conspicuous and legible twenty-four point type on eight and one-half inches by eleven inches paper stating in bold print the follow- 38 39 40 41 ing: 42 WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. 43 WHEN STORED IN A HOME FIREARMS, RIFLES, OR SHOTGUNS MUST EITHER BE 44 STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT 45 BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR 46 OTHER LAWFUL POSSESSOR IF A CHILD UNDER THE AGE OF EIGHTEEN RESIDES IN 47 THE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A 48 PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW. 49 FIREARMS SHOULD BE STORED [UNLOADED AND LOCKED] BY REMOVING THE AMMUNI- 50 TION FROM AND SECURELY LOCKING SUCH FIREARM IN A LOCATION SEPARATE FROM 51 AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED 52 PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. WHEN STORED IN A 53 VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR CONTROL, FIREARMS, 54 RIFLES, AND SHOTGUNS MUST BE STORED IN AN APPROPRIATE SAFE STORAGE 55 DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE. S. 1 20 1 (c) any other information necessary to ensure such licensee is aware 2 of their responsibilities as a license holder. 3 Nothing in this subdivision shall be deemed to affect, impair or 4 supersede any special or local law relating to providing notice regard- 5 ing the safe storage of rifles, shotguns or firearms. 6 19. Prior to the issuance or renewal of a license under paragraph (f) 7 of subdivision two of this section, issued or renewed on or after the 8 effective date of this subdivision, an applicant shall complete an 9 in-person live firearms safety course conducted by a duly authorized 10 instructor with curriculum approved by the division of criminal justice 11 services and the superintendent of state police, and meeting the follow- 12 ing requirements: (a) a minimum of sixteen hours of in-person live 13 curriculum approved by the division of criminal justice services and the 14 superintendent of state police, conducted by a duly authorized instruc- 15 tor approved by the division of criminal justice services, and shall 16 include but not be limited to the following topics: (i) general firearm 17 safety; (ii) safe storage requirements and general secure storage best 18 practices; (iii) state and federal gun laws; (iv) situational awareness; 19 (v) conflict de-escalation; (vi) best practices when encountering law 20 enforcement; (vii) the statutorily defined sensitive places in subdivi- 21 sion two of section 265.01-e of this chapter and the restrictions on 22 possession on restricted places under section 265.01-d of this chapter; 23 (viii) conflict management; (ix) use of deadly force; (x) suicide 24 prevention; and (xi) the basic principles of marksmanship; and (b) a 25 minimum of two hours of a live-fire range training course. The applicant 26 shall be required to demonstrate proficiency by scoring a minimum of 27 eighty percent correct answers on a written test for the curriculum 28 under paragraph (a) of this subdivision and the proficiency level deter- 29 mined by the rules and regulations promulgated by the division of crimi- 30 nal justice services and the superintendent of state police for the 31 live-fire range training under paragraph (b) of this subdivision. Upon 32 demonstration of such proficiency, a certificate of completion shall be 33 issued to such applicant in the applicant's name and endorsed and 34 affirmed under the penalties of perjury by such duly authorized instruc- 35 tor. An applicant required to complete the training required herein 36 prior to renewal of a license issued prior to the effective date of this 37 subdivision shall only be required to complete such training for the 38 first renewal of such license after such effective date. 39 § 24. Subdivisions 11 and 12 of section 265.00 of the penal law are 40 amended to read as follows: 41 11. "Rifle" means a weapon designed or redesigned, made or remade, and 42 intended to be fired from the shoulder and designed or redesigned and 43 made or remade to use the energy of the explosive [in a fixed metallic 44 cartridge] to fire only a single projectile through a rifled bore for 45 each single pull of the trigger using either: (a) fixed metallic 46 cartridge; or (b) each projectile and explosive charge are loaded indi- 47 vidually for each shot discharged. In addition to common, modern usage, 48 rifles include those using obsolete ammunition not commonly available in 49 commercial trade, or that load through the muzzle and fire a single 50 projectile with each discharge, or loading, including muzzle loading 51 rifles, flintlock rifles, and black powder rifles. 52 12. "Shotgun" means a weapon designed or redesigned, made or remade, 53 and intended to be fired from the shoulder and designed or redesigned 54 and made or remade to use the energy of the explosive [in a fixed shot- 55 gun shell] to fire through a smooth or rifled bore either a number of 56 ball shot or a single projectile for each single pull of the trigger S. 1 21 1 using either: (a) a fixed shotgun shell; or (b) a projectile or number 2 of ball shot and explosive charge are loaded individually for each shot 3 discharged. In addition to common, modern usage, shotguns include those 4 using obsolete ammunition not commonly available in commercial trade, or 5 that load through the muzzle and fires ball shot with each discharge, or 6 loading, including muzzle loading shotguns, flintlock shotguns, and 7 black powder shotguns. 8 § 25. Severability. If any clause, sentence, paragraph or section of 9 this act shall be adjudged by any court of competent jurisdiction to be 10 invalid, the judgment shall not affect, impair or invalidate the remain- 11 der thereof, but shall be confined in its operation to the clause, 12 sentence, paragraph or section thereof directly involved in the contro- 13 versy in which the judgment shall have been rendered. 14 § 26. This act shall take effect on the first of September next 15 succeeding the date on which it shall have become a law; provided, 16 however: 17 18 19 (a) the amendments to subdivision 1 and subdivision 4-b of section 400.00 of the penal law made by section one of this act shall apply only to licenses for which an application is made on or after the effective 20 date of this act; 21 (b) if chapter 208 of the laws of 2022 shall not have taken effect on 22 or before such date then the amendments made to paragraph (j) of subdi- 23 vision one of section 400.00 of the penal law made by section one of 24 this act shall take effect on the same date and in the same manner as 25 such chapter of the laws of 2022, takes effect; 26 (c) the amendments to sections 270.20, 270.21 and 270.22 of the penal 27 law made by sections eleven, twelve and thirteen of this act, the amend- 28 ments to section 396-eee of the general business law as amended by 29 section fourteen of this act, and the amendments to section 144-a of the 30 executive law as amended by 31 effect on the same date 32 laws of 2022, takes effect; 33 (d) if chapter 207 of the 34 or before such date then the amendments to subdivision 11 of section 35 400.00 of the penal law made by section one of this act shall take 36 effect on the same date and in the same manner as such chapter of the 37 laws of 2022, takes effect; 38 (e) if chapter 212 of the laws of 2022 shall not have taken effect on 39 or before such date then the amendments to subdivision 2 of section 40 400.00 of the penal law made by section one of this act shall take 41 effect on the same date and in the same manner as such chapter of the 42 laws of 2022, takes effect; 43 44 45 46 (f) sections sixteen, seventeen, eighteen, nineteen, twenty, twenty- one and twenty-two shall take effect July 15, 2023; and (g) subdivision 4-a of section 400.00 of the penal law, as amended by section one of this act, shall take effect April 1, 2023. NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. Sec 1 section fifteen of this act, shall take and in the same manner as chapter 210 of the laws of 2022 shall not have taken effect on BILL NUMBER: S51001 SPONSOR: STEWART-COUSINS TITLE OF BILL: An act to amend the penal law, the general business law, the executive law, the civil practice law and rules and the state finance law, in relation to licensing and other provisions relating to firearms PURPOSE: The United States Supreme Court's decision in New York State Rifle & Pistol Association, Inc., v. Bruen, et al. struck down a 100-year law requiring applicants for conceal carry gun permits to show "proper cause". It deemed New York State's existing law unconstitutional because the law afforded too much discretion to the State and its licensing officers in determining "proper cause." As a result of this decision, the State must amend the State's laws on concealed carry permits and take other steps to address the consequences of the Supreme Court deci- sion and the resulting increase in licenses and in the number of indi- viduals who will likely purchase and carry weapons in New York State. The proposed legislation changes the concealed carry permitting process and adds specific eligibility requirements, including the taking and passing of firearm training courses for permit applicants. It will enable the State to regulate and standardize training for license appli- cants. The legislation also identifies sensitive locations where it is prohibited to carry a concealed weapon and establishes that private property owners must expressly allow a person to possess a firearm, rifle, or shotgun on their property. Individuals who carry concealed weapons in sensitive locations or in contravention of the authority of an owner of private property will face criminal penalties. The State will have oversight over background checks for firearms, run regular checks on license holders for criminal convictions, and create a state- wide license and ammunition database. The legislation also strengthens and clarifies the law relating to the sale of body armor and the safe storage of firearms. The bill will take effect on September 1, 2022. An appeals board will be created for those applicants whose license is denied, which will take effect on April 1, 2023. SUMMARY OF PROVISIONS: Section 1 of this bill amends section 400.00 of the penal law: to define good moral character, provide new eligibility requirements, which include passing a firearms safety course; to create a new concealed carry license under 400.00 2(f) with additional disqualifying offenses and eligibility requirements; to create an appeals process for appli- cants who are denied, or licenses which are revoked; to require concealed carry 2(f) licenses to recertify and renew their license after three years; to provide that conduct that would result in a denial of a license would also operate as a ground for revocation of a license, and a material false statement would result in revocation of a license, issued to a licensee in writing. Section 2 amends section 837 of the executive law, giving the Division of Criminal Justice Services (DCJS) the new duty and function of collab- orating with the Division of State Police to certify instructors and create course and training standards for a firearms safety course and live-fire range training. DCJS will work with the State Police to create an appeals board. Section 3 amends the executive law by adding a new section 235, giving the State Police the responsibility of collaborating with DCJS to promulgate the policies and procedures for firearms safety and training. It also requires the State Police to work with DCJS in creating an appeals board. Section 4 amends the penal law by adding a new section 265.01-e, making a comprehensive list of all the sensitive places where the possession and carrying of firearms, rifles, or shotguns are prohibited. This section makes it a class E felony to possess a firearm, rifle, or shot- gun in an enumerated prohibited sensitive place. It also specifies the people who are exempt from this prohibition. Section 5 amends the penal law by adding a new section 265.01-d, making it a class E felony to possess a firearm, rifle, or shotgun on private property where a property owner has not given an indication or expressly allowed a person to possess. It also specifies the people who are exempt from this prohibition. Section 6 amends penal law section 265.20 by allowing a person to possess a pistol or revolver while undergoing live-fire range training with a qualified instructor. Section 7 amends penal law section 400.02 by requiring DCJS to conduct a monthly check of licensees' records for criminal conviction, criminal indictment, mental health, extreme risk protection orders, orders of protection, and other records. This section also creates a statewide license and records database for the sales of ammunition. Section 8 amends penal law section 400.03, providing that people who sell firearms or ammunition shall keep records of their sales in way approved by State Police. Section 9 amends penal law section 265.45, promulgating new safe storage laws for rifles, shotguns, and firearms in vehicles. Section 10 adds a new section 400.30 to the penal law, to specify that the enactment of this bill and its application will not prevent local law to be more restrictive. Section 11 amends penal law section 270.20, replacing the former term "body vest" with a new definition of the term "body armor," includes any product that is a personal protective body covering intended to protect against gunfire, and would include hard body defined which armor. Section 12 amends penal law section 270.21, changing the term "body vest" to "body armor" and prohibiting the purchase of body armor by individuals not engaged or employed in an eligible profession. Section 13 amends penal law section 270.22, changing the term "body vest" to "body armor" and prohibiting the sale of body armor to individ- uals not engaged or employed in an eligible profession. Section 14 amends section 396-eee of general business law, changing the term "body vest" to "body armor," and prohibiting the sale of body armor to individuals not engaged or employed in an eligible profession. Section 15 amends section 144-a of the executive law, changing the term "body vest" to "body armor." Section 16 amends the executive law to add a new section 228, authoriz- ing State police to run national instant criminal background checks and serve as a State point of contact. Section 17 amends section 898 of the general business law to require dealers to submit a request to State police before receiving a back- ground check. Section 18 amends section 896 of the general business law to require firearm dealers to submit a request to State police before any firearm sale or transfer. Section 19 amends section 400.03 of the penal law, requiring dealers and sellers to go through the State police to conduct background checks. Section 20 adds a new section 400.06, requiring dealers to contact State police to conduct a national instant criminal background check. Failure to comply is a class A misdemeanor. Section 21 adds a new section 99-pp to the finance law to create a "background check fund". This fund will be used to cover the costs asso- ciated with performing background checks. Section 22 amends section 265.00 of the penal law to redefine "duly authorized instructor" as including people certified by DCJS. Section 23 amends section 400.00 of the penal law to require licensing officials to notify licensees regarding important information concerning their responsibilities as a license holder. Licensees must receive a notification regarding the requirements for the safe storage of their firearm, rifle, or shotgun. Section 24 amends section 265.00, to modify the definition for a rifle and shotgun. Section 25, the severability clause, provides that if any part of this Act be adjudged by any court of competent jurisdiction to be invalid, such judgment would not invalidate the remainder of the Act. Section 26 provides that the bill takes effect on the first day of September next succeeding the date on which it shall have become a law. EXISTING LAW: 1. PL § 400.00 establishes the requirements for licenses to carry, possess, repair, and dispose of firearms. 2. PL § 265 establish the penalties of unlawful possession of firearms and other dangerous weapons. 3. PL § 400.02 establishes the creation of a statewide license and record database. 4. PL § 400.03 requires every "commercial transfer" of ammunition, including sales by firearms dealers and other ammunition vendors, to be preceded by a background check through a statewide license and record database. 5. PL vest. 6. PL vest. 7. PL vest. § 270.20 establishes the penalties for unlawful wearing of a body § 270.21 establishes the penalties for unlawful purchase of a body § 270.22 establishes the penalties for unlawful sale of a body 8. Gen Bus. L § 896 establishes the regulations concerning the operation of a gun show. 9. Gen Bus. L § 898 establishes the requirements for the private sale or disposal of firearms, rifles and shotguns. 10. Gen Bus. L § 396-eee establishes the penalties for unlawful sale or delivery of body vests. 11. Executive law § 144-a establishing the criteria for eligible professions for the purchase, sale, and use of body vests. 12. Executive law § 837 establishes the functions, powers, and duties of the division. JUSTIFICATION Modifying NYS Conceal Carry Application Process and Criteria The proposed legislation creates a new licensing procedure that satis- fies the requirements set forth by the United States Supreme Court deci- sion in New York State Rifle & Pistol Association, Inc., v. Bruen, et al. Notably, this replaces the "proper cause" requirements of New York's current conceal carry law, with a new set of requirements that protects individuals' Second Amendment rights as determined by the Supreme Court. Under this bill, applicants who successfully meet New York's conceal carry license applications requirements will receive their license. The bill furthers the State's compelling interest in preventing death and injury by firearms. It addresses who may lawfully possess a firearm, the requirements for purchasing guns and ammunition, and the restrictions that may be imposed on the possession or carrying of guns. It contains enhanced screening of conceal carry license applicants (including in-person interviews, reviews of social media and other information necessary to evaluate the application). The bill includes a robust appeals process to ensure the system is administered consistently and fairly across the State, including a new requirement for written notices to applicant licensees for all denials and revocations. It provides recurring monthly checks of licenses statewide to identify those who become prohibited from possessing firearms and expands secure storage to prevent thefts of guns from cars. Point of Contact: State-run Background Checks for Firearms Efficient, effective, and thorough background checks are a vital compo- nent of ensuring public safety and guaranteeing that individuals can purchase guns without unreasonable delay. Background checks undertaken by states are typically more thorough than those conducted by the Feder- al Bureau of Investigation ("FBI"), which lacks access to crucial state- owned and local-owned records and databases that provide a fuller, more accurate assessment of an applicant's background. This legislation makes the State responsible for the administration of background checks relat- ing to gun purchases, establishing New York as a "Point of Contact" state. State background checks can integrate additional essential infor- mation into the licensing process, including outstanding felony warrants, mental health records, domestic violence restraining orders, and more updated criminal and disposition records. Research and institu- tional data shows that the practice of conducting firearm purchaser background checks through state or local agencies, as opposed to through the FBI, is associated with reduced firearm death rates. Thirteen states use a state or local point of contact for all firearm transfers. Other states use a state or local point of contact for handgun background checks only, using the FBI for background checks on long gun transfers. Body Armor Under existing Penal Law section 270.20, a "body vest" is defined as a bullet-resistant soft body armor. This bill changes "body vest" to "body armor" in order to apply to a broader array of protective equipment that is bullet resistant. During the mass shooting in Buffalo, the shooter was wearing a steel-plated vest which would not have been captured under the existing body vest definition. Ammunition Background Checks In practice, in most states, individuals can purchase ammunition without any background check or other restriction, often over the Internet. Thirteen states restrict access to ammunition by most or all people who cannot possess firearms (although the eligibility criteria for firearm possession is stronger than for ammunition possession in 3 states). Ammunition background checks and other regulations on the sale and transfer of ammunition are important ways to keep the public safe. LEGISLATIVE HISTORY: This legislation is new law. It also modifies provisions of law concern- ing body armor, enacted by chapter 210 of the laws of 2022. BUDGET IMPLICATIONS: State agencies can begin to implement changes with existing resources. EFFECTIVE DATE: This bill shall take effect September 1, 2022, provided to allow DCJS additional time for implementation, some sections will go into eff

Congratulations to you & your wife!!

I’ll be out on the opener. Maybe the 2nd day because it is a Sunday. I don’t usually hunt much after the opener until the middle of the month. I’m not big on hunting in the heat, although I have done it. I’d still be happy with a 10/15 opening date.

The Sophster