STATE OF NEW YORK ________________________________________________________________________

10503

IN ASSEMBLY

May 30, 2022 ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jackson) -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the purchase or taking possession of a semiautomatic rifle

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Subdivisions 2, 3, 6, 7, 8, 9 and 14 of section 400.00 of 2 the penal law, subdivisions 2 and 8 as amended by chapter 189 of the 3 laws of 2000, paragraph (a) of subdivision 3 and subdivision 9 as 4 amended by chapter 1 of the laws of 2013, paragraph (b) of subdivision 3 5 as added by chapter 778 of the laws of 1985, subdivision 6 as amended by 6 chapter 104 of the laws of 2019, and subdivision 14 as amended by chap- 7 ter 195 of the laws of 2005, are amended to read as follows: 8 2. Types of licenses. A license for gunsmith or dealer in firearms 9 shall be issued to engage in such business. A license for a semiauto- 10 matic rifle, other than an assault weapon or disguised gun, shall be 11 issued to purchase or take possession of such a firearm when such trans- 12 fer of ownership occurs on or after the effective date of the chapter of 13 the laws of two thousand twenty-two that amended this subdivision. A 14 license for a pistol or revolver, other than an assault weapon or a 15 disguised gun, shall be issued to (a) have and possess in his dwelling 16 by a householder; (b) have and possess in his place of business by a 17 merchant or storekeeper; (c) have and carry concealed while so employed 18 by a messenger employed by a banking institution or express company; (d) 19 have and carry concealed by a justice of the supreme court in the first 20 or second judicial departments, or by a judge of the New York city civil 21 court or the New York city criminal court; (e) have and carry concealed 22 while so employed by a regular employee of an institution of the state, 23 or of any county, city, town or village, under control of a commissioner 24 of correction of the city or any warden, superintendent or head keeper 25 of any state prison, penitentiary, workhouse, county jail or other 26 institution for the detention of persons convicted or accused of crime 27 or held as witnesses in criminal cases, provided that application is 28 made therefor by such commissioner, warden, superintendent or head keep-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16020-02-2

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1 er; (f) have and carry concealed, without regard to employment or place 2 of possession, by any person when proper cause exists for the issuance 3 thereof; and (g) have, possess, collect and carry antique pistols which 4 are defined as follows: (i) any single shot, muzzle loading pistol with 5 a matchlock, flintlock, percussion cap, or similar type of ignition 6 system manufactured in or before l898, which is not designed for using 7 rimfire or conventional centerfire fixed ammunition; and (ii) any repli- 8 ca of any pistol described in clause (i) hereof if such replica-- 9 (1) is not designed or redesigned for using rimfire or conventional 10 centerfire fixed ammunition, or 11 (2) uses rimfire or conventional centerfire fixed ammunition which is 12 no longer manufactured in the United States and which is not readily 13 available in the ordinary channels of commercial trade. 14 3. Applications. (a) Applications shall be made and renewed, in the 15 case of a license to carry or possess a pistol or revolver or to 16 purchase or take possession of a semiautomatic rifle, to the licensing 17 officer in the city or county, as the case may be, where the applicant 18 resides, is principally employed or has his or her principal place of 19 business as merchant or storekeeper; and, in the case of a license as 20 gunsmith or dealer in firearms, to the licensing officer where such 21 place of business is located. Blank applications shall, except in the 22 city of New York, be approved as to form by the superintendent of state 23 police. An application shall state the full name, date of birth, resi- 24 dence, present occupation of each person or individual signing the same, 25 whether or not he or she is a citizen of the United States, whether or 26 not he or she complies with each requirement for eligibility specified 27 in subdivision one of this section and such other facts as may be 28 required to show the good character, competency and integrity of each 29 person or individual signing the application. An application shall be 30 signed and verified by the applicant. Each individual signing an appli- 31 cation shall submit one photograph of himself or herself and a duplicate 32 for each required copy of the application. Such photographs shall have 33 been taken within thirty days prior to filing the application. In case 34 of a license as gunsmith or dealer in firearms, the photographs submit- 35 ted shall be two inches square, and the application shall also state the 36 previous occupation of each individual signing the same and the location 37 of the place of such business, or of the bureau, agency, subagency, 38 office or branch office for which the license is sought, specifying the 39 name of the city, town or village, indicating the street and number and 40 otherwise giving such apt description as to point out reasonably the 41 location thereof. In such case, if the applicant is a firm, partnership 42 or corporation, its name, date and place of formation, and principal 43 place of business shall be stated. For such firm or partnership, the 44 application shall be signed and verified by each individual composing or 45 intending to compose the same, and for such corporation, by each officer 46 thereof. 47 (b) Application for an exemption under paragraph seven-b of subdivi- 48 sion a of section 265.20 of this chapter. Each applicant desiring to 49 obtain the exemption set forth in paragraph seven-b of subdivision a of 50 section 265.20 of this chapter shall make such request in writing of the 51 licensing officer with whom his application for a license is filed, at 52 the time of filing such application. Such request shall include a signed 53 and verified statement by the person authorized to instruct and super- 54 vise the applicant, that has met with the applicant and that he has 55 determined that, in his judgment, said applicant does not appear to be 56 or poses a threat to be, a danger to himself or to others. He shall

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1 include a copy of his certificate as an instructor in small arms, if he 2 is required to be certified, and state his address and telephone number. 3 He shall specify the exact location by name, address and telephone 4 number where such instruction will take place. Such licensing officer 5 shall, no later than ten business days after such filing, request the 6 duly constituted police authorities of the locality where such applica- 7 tion is made to investigate and ascertain any previous criminal record 8 of the applicant pursuant to subdivision four of this section. Upon 9 completion of this investigation, the police authority shall report the 10 results to the licensing officer without unnecessary delay. The licens- 11 ing officer shall no later than ten business days after the receipt of 12 such investigation, determine if the applicant has been previously 13 denied a license, been convicted of a felony, or been convicted of a 14 serious offense, and either approve or disapprove the applicant for 15 exemption purposes based upon such determinations. If the applicant is 16 approved for the exemption, the licensing officer shall notify the 17 appropriate duly constituted police authorities and the applicant. Such 18 exemption shall terminate if the application for the license is denied, 19 or at any earlier time based upon any information obtained by the 20 licensing officer or the appropriate police authorities which would 21 cause the license to be denied. The applicant and appropriate police 22 authorities shall be notified of any such terminations. 23 6. License: validity. Any license issued pursuant to this section 24 shall be valid notwithstanding the provisions of any local law or ordi- 25 nance. No license shall be transferable to any other person or prem- 26 ises. A license to carry or possess a pistol or revolver, or to purchase 27 or take possession of a semiautomatic rifle, not otherwise limited as to 28 place or time of possession, shall be effective throughout the state, 29 except that the same shall not be valid within the city of New York 30 unless a special permit granting validity is issued by the police 31 commissioner of that city. Such license to carry or possess shall be 32 valid within the city of New York in the absence of a permit issued by 33 the police commissioner of that city, provided that (a) the firearms 34 covered by such license have been purchased from a licensed dealer with- 35 in the city of New York and are being transported out of said city 36 forthwith and immediately from said dealer by the licensee in a locked 37 container during a continuous and uninterrupted trip; or provided that 38 (b) the firearms covered by such license are being transported by the 39 licensee in a locked container and the trip through the city of New York 40 is continuous and uninterrupted; or provided that (c) the firearms 41 covered by such license are carried by armored car security guards 42 transporting money or other valuables, in, to, or from motor vehicles 43 commonly known as armored cars, during the course of their employment; 44 or provided that (d) the licensee is a retired police officer as police 45 officer is defined pursuant to subdivision thirty-four of section 1.20 46 of the criminal procedure law or a retired federal law enforcement offi- 47 cer, as defined in section 2.15 of the criminal procedure law, who has 48 been issued a license by an authorized licensing officer as defined in 49 subdivision ten of section 265.00 of this chapter; provided, further, 50 however, that if such license was not issued in the city of New York it 51 must be marked "Retired Police Officer" or "Retired Federal Law Enforce- 52 ment Officer", as the case may be, and, in the case of a retired officer 53 the license shall be deemed to permit only police or federal law 54 enforcement regulations weapons; or provided that (e) the licensee is a 55 peace officer described in subdivision four of section 2.10 of the crim- 56 inal procedure law and the license, if issued by other than the city of

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1 New York, is marked "New York State Tax Department Peace Officer" and in 2 such case the exemption shall apply only to the firearm issued to such 3 licensee by the department of taxation and finance. A license as 4 gunsmith or dealer in firearms shall not be valid outside the city or 5 county, as the case may be, where issued. Notwithstanding any inconsist- 6 ent provision of state or local law or rule or regulation, the premises 7 limitation set forth in any license to have and possess a pistol or 8 revolver in the licensee's dwelling or place of business pursuant to 9 paragraph (a) or (b) of subdivision two of this section shall not 10 prevent the transport of such pistol or revolver directly to or from (i) 11 another dwelling or place of business of the licensee where the licensee 12 is authorized to have and possess such pistol or revolver, (ii) an 13 indoor or outdoor shooting range that is authorized by law to operate as 14 such, (iii) a shooting competition at which the licensee may possess 15 such pistol or revolver consistent with the provisions of subdivision a 16 of section 265.20 of this chapter or consistent with the law applicable 17 at the place of such competition, or (iv) any other location where the 18 licensee is lawfully authorized to have and possess such pistol or 19 revolver; provided however, that during such transport to or from a 20 location specified in clauses (i) through (iv) of this paragraph, the 21 pistol or revolver shall be unloaded and carried in a locked container, 22 and the ammunition therefor shall be carried separately; provided 23 further, however, that a license to have and possess a pistol or revol- 24 ver in the licensee's dwelling or place of business pursuant to para- 25 graph (a) or (b) of subdivision two of this section that is issued by a 26 licensing officer other than the police commissioner of the city of New 27 York shall not authorize transport of a pistol or revolver into the city 28 of New York in the absence of written authorization to do so by the 29 police commissioner of that city. The term "locked container" shall not 30 include the glove compartment or console of a vehicle. 31 7. License: form. Any license issued pursuant to this section shall, 32 except in the city of New York, be approved as to form by the super- 33 intendent of state police. A license to carry or possess a pistol or 34 revolver or to purchase or take possession of a semiautomatic rifle 35 shall have attached the licensee's photograph, and a coupon which shall 36 be removed and retained by any person disposing of a firearm to the 37 licensee. [Such] A license to carry or possess a pistol or revolver 38 shall specify the weapon covered by calibre, make, model, manufacturer's 39 name and serial number, or if none, by any other distinguishing number 40 or identification mark, and shall indicate whether issued to carry on 41 the person or possess on the premises, and if on the premises shall also 42 specify the place where the licensee shall possess the same. If such 43 license is issued to an alien, or to a person not a citizen of and 44 usually a resident in the state, the licensing officer shall state in 45 the license the particular reason for the issuance and the names of the 46 persons certifying to the good character of the applicant. Any license 47 as gunsmith or dealer in firearms shall mention and describe the prem- 48 ises for which it is issued and shall be valid only for such premises. 49 8. License: exhibition and display. Every licensee while carrying a 50 pistol or revolver shall have on his or her person a license to carry 51 the same. Every person licensed to possess a pistol or revolver on 52 particular premises shall have the license for the same on such prem- 53 ises. Every person licensed to purchase or take possession of a semiau- 54 tomatic rifle shall have the license for the same on his or her person 55 while purchasing or taking possession of such weapon. Upon demand, the 56 license shall be exhibited for inspection to any peace officer, who is

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1 acting pursuant to his or her special duties, or police officer. A 2 license as gunsmith or dealer in firearms shall be prominently displayed 3 on the licensed premises. A gunsmith or dealer of firearms may conduct 4 business temporarily at a location other than the location specified on 5 the license if such temporary location is the location for a gun show or 6 event sponsored by any national, state, or local organization, or any 7 affiliate of any such organization devoted to the collection, compet- 8 itive use or other sporting use of firearms. Any sale or transfer at a 9 gun show must also comply with the provisions of article thirty-nine-DD 10 of the general business law. Records of receipt and disposition of 11 firearms transactions conducted at such temporary location shall include 12 the location of the sale or other disposition and shall be entered in 13 the permanent records of the gunsmith or dealer of firearms and retained 14 on the location specified on the license. Nothing in this section shall 15 authorize any licensee to conduct business from any motorized or towed 16 vehicle. A separate fee shall not be required of a licensee with respect 17 to business conducted under this subdivision. Any inspection or exam- 18 ination of inventory or records under this section at such temporary 19 location shall be limited to inventory consisting of, or records related 20 to, firearms held or disposed at such temporary locations. Failure of 21 any licensee to so exhibit or display his or her license, as the case 22 may be, shall be presumptive evidence that he or she is not duly 23 licensed. 24 9. License: amendment. Elsewhere than in the city of New York, a 25 person licensed to carry or possess a pistol or revolver or to purchase 26 or take possession of a semiautomatic rifle may apply at any time to his 27 or her licensing officer for amendment of his or her license to include 28 one or more such weapons or to cancel weapons held under license. If 29 granted, a record of the amendment describing the weapons involved shall 30 be filed by the licensing officer in the executive department, division 31 of state police, Albany. The superintendent of state police may author- 32 ize that such amendment be completed and transmitted to the state police 33 in electronic form. Notification of any change of residence shall be 34 made in writing by any licensee within ten days after such change 35 occurs, and a record of such change shall be inscribed by such licensee 36 on the reverse side of his or her license. Elsewhere than in the city of 37 New York, and in the counties of Nassau and Suffolk, such notification 38 shall be made to the executive department, division of state police, 39 Albany, and in the city of New York to the police commissioner of that 40 city, and in the county of Nassau to the police commissioner of that 41 county, and in the county of Suffolk to the licensing officer of that 42 county, who shall, within ten days after such notification shall be 43 received by him or her, give notice in writing of such change to the 44 executive department, division of state police, at Albany. 45 14. Fees. In the city of New York and the county of Nassau, the annual 46 license fee shall be twenty-five dollars for gunsmiths and fifty dollars 47 for dealers in firearms. In such city, the city council and in the coun- 48 ty of Nassau the Board of Supervisors shall fix the fee to be charged 49 for a license to carry or possess a pistol or revolver or to purchase or 50 take possession of a semiautomatic rifle and provide for the disposition 51 of such fees. Elsewhere in the state, the licensing officer shall 52 collect and pay into the county treasury the following fees: for each 53 license to carry or possess a pistol or revolver or to purchase or take 54 possession of a semiautomatic rifle, not less than three dollars nor 55 more than ten dollars as may be determined by the legislative body of 56 the county; for each amendment thereto, three dollars, and five dollars

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1 in the county of Suffolk; and for each license issued to a gunsmith or 2 dealer in firearms, ten dollars. The fee for a duplicate license shall 3 be five dollars. The fee for processing a license transfer between coun- 4 ties shall be five dollars. The fee for processing a license or renewal 5 thereof for a qualified retired police officer as defined under subdivi- 6 sion thirty-four of section 1.20 of the criminal procedure law, or a 7 qualified retired sheriff, undersheriff, or deputy sheriff of the city 8 of New York as defined under subdivision two of section 2.10 of the 9 criminal procedure law, or a qualified retired bridge and tunnel offi- 10 cer, sergeant or lieutenant of the triborough bridge and tunnel authori- 11 ty as defined under subdivision twenty of section 2.10 of the criminal 12 procedure law, or a qualified retired uniformed court officer in the 13 unified court system, or a qualified retired court clerk in the unified 14 court system in the first and second judicial departments, as defined in 15 paragraphs a and b of subdivision twenty-one of section 2.10 of the 16 criminal procedure law or a retired correction officer as defined in 17 subdivision twenty-five of section 2.10 of the criminal procedure law 18 shall be waived in all counties throughout the state. 19 § 2. Subdivisions 1 and 3 of section 400.01 of the penal law, subdivi- 20 sion 1 as amended by chapter 511 of the laws of 2014 and subdivision 3 21 as added by chapter 210 of the laws of 1999, are amended to read as 22 follows: 23 1. A license to carry or possess a firearm or to purchase or take 24 possession of a semiautomatic rifle for a retired sworn member of the 25 division of state police shall be granted in the same manner and upon 26 the same terms and conditions as licenses issued under section 400.00 of 27 this article provided, however, that applications for such license may 28 be made to, and the licensing officer may be, the superintendent of 29 state police. 30 3. The provisions of this section shall only apply to license applica- 31 tions made or renewals which must be made on or after the effective date 32 of this section. A license to carry or possess a pistol or revolver or 33 to purchase or take possession of a semiautomatic rifle issued pursuant 34 to the provisions of section 400.00 of this article to a person covered 35 by the provisions of this section shall be valid until such license 36 would have expired pursuant to the provisions of section 400.00 of this 37 article; provided that, on or after the effective date of this section, 38 an application or renewal of such license shall be made pursuant to the 39 provisions of this section. 40 § 3. Subdivision 9 of section 265.00 of the penal law, as amended by 41 chapter 189 of the laws of 2000, is amended to read as follows: 42 9. "Dealer in firearms" means any person, firm, partnership, corpo- 43 ration or company who engages in the business of purchasing, selling, 44 keeping for sale, loaning, leasing, or in any manner disposing of, any 45 assault weapon, large capacity ammunition feeding device, pistol [or], 46 revolver, or semiautomatic rifle. 47 § 4. Subdivision 7 of section 265.10 of the penal law, as amended by 48 chapter 189 of the laws of 2000, is amended to read as follows: 49 7. Any person, other than a wholesale dealer, or gunsmith or dealer in 50 firearms duly licensed pursuant to section 400.00 of this chapter, 51 lawfully in possession of a firearm or semiautomatic rifle, who disposes 52 of the same without first notifying in writing the licensing officer in 53 the city of New York and counties of Nassau and Suffolk and elsewhere in 54 the state the executive department, division of state police, Albany, is 55 guilty of a class A misdemeanor.

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1 § 5. The penal law is amended by adding a new section 265.65 to read 2 as follows: 3 § 265.65 Criminal purchase of a semiautomatic rifle. 4 A person is guilty of criminal purchase of a semiautomatic rifle when 5 he or she purchases or takes possession of a semiautomatic rifle and 6 does not possess a license to purchase or take possession of a semiauto- 7 matic rifle as provided in subdivision two of section 400.00 of this 8 chapter. 9 Criminal purchase of a semiautomatic rifle is a class A misdemeanor for 10 the first offense and a class E felony for subsequent offenses. 11 § 6. The penal law is amended by adding a new section 265.66 to read 12 as follows: 13 § 265.66 Criminal sale of a semiautomatic rifle. 14 A person is guilty of criminal sale of a semiautomatic rifle when, 15 knowing or having reason to know it is a semiautomatic rifle, he or she 16 sells, exchanges, gives or disposes of a semiautomatic rifle to another 17 person and such other person does not possess a license to purchase or 18 take possession of a semiautomatic rifle as provided in subdivision two 19 of section 400.00 of this chapter. 20 Criminal sale of a semiautomatic rifle is a class E felony. 21 § 7. Subdivision 10 of section 400.00 of the penal law is amended by 22 adding a new paragraph (c) to read as follows: 23 (c) A license to purchase or take possession of a semiautomatic rifle 24 as defined in subdivision two of this section shall be recertified to 25 the applicable licensing officer every five years following the issuance 26 of such license. Failure to renew such a license shall be a violation 27 punishable by a fine not to exceed two hundred fifty dollars, and such 28 failure to renew shall be considered by the licensing officer when 29 reviewing future license applications by the license holder pursuant to 30 this chapter. 31 § 8. This act shall take effect on the ninetieth day after it shall 32 have become a law and shall apply only to purchases or transfers of 33 ownership made on or after such effective date.