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New York Penal - Article 400 - § 400.00 Licenses to Carry, Possess, Repair and Dispose of Firearms

Legal Research Home > New York Laws > Penal > New York Penal - Article 400 - § 400.00 Licenses to Carry, Possess, Repair and Dispose of Firearms


Penal 
 
  § 400.00 Licenses to carry, possess, repair and dispose of firearms.
    1. Eligibility. No license shall be issued or renewed pursuant to this
  section   except   by   the  licensing  officer,  and  then  only  after
  investigation and finding that all statements in  a  proper  application
  for a license are true. No license shall be issued or renewed except for
  an  applicant  (a)  twenty-one years of age or older, provided, however,
  that where such applicant has been honorably discharged from the  United
  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
  national guard of the state of New York, no such age  restriction  shall
  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
  anywhere of a felony or a serious offense; (d) who  is  not  a  fugitive
  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
  controlled substance as defined in section 21 U.S.C. 802; (f) who  being
  an alien (i) is not illegally or unlawfully in the United States or (ii)
  has  not  been  admitted  to the United States under a nonimmigrant visa
  subject to the exception in 18 U.S.C. 922(y)(2); (g) who  has  not  been
  discharged from the Armed Forces under dishonorable conditions; (h) who,
  having been a citizen of the United States, has not renounced his or her
  citizenship;  (i) who has stated whether he or she has ever suffered any
  mental illness; (j) who  has  not  been  involuntarily  committed  to  a
  facility under the jurisdiction of an office of the department of mental
  hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
  article seven hundred thirty or section 330.20 of the criminal procedure
  law, section four hundred two or five hundred eight  of  the  correction
  law,  section  322.2  or  353.4 of the family court act, or has not been
  civilly confined in a secure treatment facility pursuant to article  ten
  of  the mental hygiene law; (k) who has not had a license revoked or who
  is not under a suspension or ineligibility order issued pursuant to  the
  provisions  of  section  530.14 of the criminal procedure law or section
  eight hundred forty-two-a of the family court act; (l) in the county  of
  Westchester, who has successfully completed a firearms safety course and
  test  as  evidenced  by a certificate of completion issued in his or her
  name and endorsed and affirmed under the penalties of perjury by a  duly
  authorized  instructor,  except  that:  (i)  persons  who  are honorably
  discharged from the United States army,  navy,  marine  corps  or  coast
  guard,  or  of  the national guard of the state of New York, and produce
  evidence of official  qualification  in  firearms  during  the  term  of
  service  are  not  required  to have completed those hours of a firearms
  safety  course  pertaining  to  the  safe  use,  carrying,   possession,
  maintenance and storage of a firearm; and (ii) persons who were licensed
  to  possess  a  pistol  or  revolver prior to the effective date of this
  paragraph are not required to have completed a  firearms  safety  course
  and  test;  (m)  who  has  not  had  a guardian appointed for him or her
  pursuant to any provision of state law, based on a determination that as
  a result of marked subnormal intelligence, mental  illness,  incapacity,
  condition or disease, he or she lacks the mental capacity to contract or
  manage  his  or  her  own affairs; and (n) concerning whom no good cause
  exists for the denial of the license. No  person  shall  engage  in  the
  business  of  gunsmith or dealer in firearms unless licensed pursuant to
  this section. An applicant to engage in such business shall  also  be  a
  citizen  of  the  United  States,  more than twenty-one years of age and
  maintain a place of business in the city or county where the license  is
  issued.  For  such  business, if the applicant is a firm or partnership,
  each member thereof shall comply with all of the requirements set  forth
  in  this subdivision and if the applicant is a corporation, each officer
  thereof shall so comply.
    2. Types of licenses. A license for gunsmith  or  dealer  in  firearms
  shall  be  issued  to engage in such business. A license for a pistol or

  revolver, other than an assault weapon or  a  disguised  gun,  shall  be
  issued  to  (a)  have  and possess in his dwelling by a householder; (b)
  have and possess in his place of business by a merchant or  storekeeper;
  (c)  have  and carry concealed while so employed by a messenger employed
  by a  banking  institution  or  express  company;  (d)  have  and  carry
  concealed  by  a  justice  of  the  supreme court in the first or second
  judicial departments, or by a judge of the New York city civil court  or
  the  New York city criminal court; (e) have and carry concealed while so
  employed by a regular employee of an institution of the state, or of any
  county, city, town or  village,  under  control  of  a  commissioner  of
  correction  of  the city or any warden, superintendent or head keeper of
  any  state  prison,  penitentiary,  workhouse,  county  jail  or   other
  institution  for  the detention of persons convicted or accused of crime
  or held as witnesses in criminal cases,  provided  that  application  is
  made  therefor  by  such  commissioner,  warden,  superintendent or head
  keeper; (f) have and carry concealed, without regard  to  employment  or
  place  of  possession,  by  any  person when proper cause exists for the
  issuance thereof; and (g)  have,  possess,  collect  and  carry  antique
  pistols  which  are  defined  as  follows:  (i)  any single shot, muzzle
  loading pistol with a matchlock, flintlock, percussion cap,  or  similar
  type  of  ignition  system  manufactured in or before l898, which is not
  designed for using rimfire or conventional centerfire fixed  ammunition;
  and  (ii)  any  replica  of any pistol described in clause (i) hereof if
  such replica--
    (1) is not designed or redesigned for using  rimfire  or  conventional
  centerfire fixed ammunition, or
    (2)  uses rimfire or conventional centerfire fixed ammunition which is
  no longer manufactured in the United States and  which  is  not  readily
  available in the ordinary channels of commercial trade.
    3.  Applications.   (a) Applications shall be made and renewed, in the
  case of a license to carry or possess  a  pistol  or  revolver,  to  the
  licensing  officer  in the city or county, as the case may be, where the
  applicant resides, is principally employed or has his or  her  principal
  place  of  business  as  merchant  or storekeeper; and, in the case of a
  license as gunsmith or dealer in  firearms,  to  the  licensing  officer
  where  such  place  of  business  is  located. Blank applications shall,
  except in the  city  of  New  York,  be  approved  as  to  form  by  the
  superintendent  of  state  police.  An  application shall state the full
  name, date of birth, residence, present occupation  of  each  person  or
  individual  signing  the  same, whether or not he or she is a citizen of
  the United  States,  whether  or  not  he  or  she  complies  with  each
  requirement for eligibility specified in subdivision one of this section
  and  such  other  facts  as  may be required to show the good character,
  competency and integrity  of  each  person  or  individual  signing  the
  application.  An  application  shall  be  signed  and  verified  by  the
  applicant. Each individual  signing  an  application  shall  submit  one
  photograph  of himself or herself and a duplicate for each required copy
  of the application. Such photographs shall have been taken within thirty
  days prior to filing the application. In case of a license  as  gunsmith
  or  dealer  in  firearms,  the photographs submitted shall be two inches
  square, and the application shall also state the previous occupation  of
  each  individual  signing the same and the location of the place of such
  business, or of the bureau, agency, subagency, office or  branch  office
  for  which  the license is sought, specifying the name of the city, town
  or village, indicating the street and number and otherwise  giving  such
  apt description as to point out reasonably the location thereof. In such
  case,  if the applicant is a firm, partnership or corporation, its name,
  date and place of formation, and principal place of  business  shall  be

  stated.  For  such  firm or partnership, the application shall be signed
  and verified by each individual composing or intending  to  compose  the
  same, and for such corporation, by each officer thereof.
    (b)   Application   for   an  exemption  under  paragraph  seven-b  of
  subdivision a of section 265.20 of this chapter. Each applicant desiring
  to obtain the exemption set forth in paragraph seven-b of subdivision  a
  of  section 265.20 of this chapter shall make such request in writing of
  the licensing officer with whom his application for a license is  filed,
  at  the  time  of  filing such application. Such request shall include a
  signed and verified statement by the person authorized to  instruct  and
  supervise the applicant, that has met with the applicant and that he has
  determined  that,  in his judgment, said applicant does not appear to be
  or poses a threat to be, a danger to himself  or  to  others.  He  shall
  include  a copy of his certificate as an instructor in small arms, if he
  is required to be certified, and state his address and telephone number.
  He shall specify the exact  location  by  name,  address  and  telephone
  number  where  such  instruction will take place. Such licensing officer
  shall, no later than ten business days after such  filing,  request  the
  duly   constituted   police  authorities  of  the  locality  where  such
  application is made to investigate and ascertain any  previous  criminal
  record  of  the  applicant pursuant to subdivision four of this section.
  Upon completion of this investigation, the police authority shall report
  the results to the licensing  officer  without  unnecessary  delay.  The
  licensing  officer  shall  no  later  than  ten  business days after the
  receipt of such investigation,  determine  if  the  applicant  has  been
  previously  denied  a  license,  been  convicted  of  a  felony, or been
  convicted of a serious offense, and either  approve  or  disapprove  the
  applicant  for exemption purposes based upon such determinations. If the
  applicant is approved for the exemption,  the  licensing  officer  shall
  notify  the  appropriate  duly  constituted  police  authorities and the
  applicant. Such exemption shall terminate if  the  application  for  the
  license  is  denied,  or  at any earlier time based upon any information
  obtained by the licensing officer or the appropriate police  authorities
  which   would  cause  the  license  to  be  denied.  The  applicant  and
  appropriate  police  authorities  shall  be   notified   of   any   such
  terminations.
    4.  Investigation.  Before a license is issued or renewed, there shall
  be an investigation of all statements required in the application by the
  duly  constituted  police  authorities  of  the  locality   where   such
  application is made, including but not limited to such records as may be
  accessible  to  the  division  of  state  police or division of criminal
  justice services pursuant to section 400.02 of this  article.  For  that
  purpose,  the  records  of  the  appropriate office of the department of
  mental hygiene concerning previous or  present  mental  illness  of  the
  applicant shall be available for inspection by the investigating officer
  of  the  police  authority.  In order to ascertain any previous criminal
  record, the  investigating  officer  shall  take  the  fingerprints  and
  physical  descriptive  data  in quadruplicate of each individual by whom
  the application is signed and verified. Two copies of such  fingerprints
  shall  be  taken  on standard fingerprint cards eight inches square, and
  one copy may be taken on a card supplied for that purpose by the federal
  bureau of investigation; provided,  however,  that  in  the  case  of  a
  corporate  applicant  that  has already been issued a dealer in firearms
  license and seeks to  operate  a  firearm  dealership  at  a  second  or
  subsequent  location,  the  original fingerprints on file may be used to
  ascertain any criminal record in the second  or  subsequent  application
  unless  any  of  the  corporate  officers  have  changed since the prior
  application, in which case the new corporate officer shall  comply  with

  procedures  governing  an  initial  application  for  such license. When
  completed, one standard card shall be forwarded to and retained  by  the
  division  of  criminal  justice services in the executive department, at
  Albany.  A search of the files of such division and written notification
  of the results of the search to the investigating officer shall be  made
  without  unnecessary  delay.  Thereafter, such division shall notify the
  licensing officer  and  the  executive  department,  division  of  state
  police,  Albany,  of  any criminal record of the applicant filed therein
  subsequent to the search of its files. A second standard  card,  or  the
  one supplied by the federal bureau of investigation, as the case may be,
  shall  be forwarded to that bureau at Washington with a request that the
  files of the bureau be searched and notification of the results  of  the
  search  be  made to the investigating police authority. Of the remaining
  two fingerprint cards, one shall be filed with the executive department,
  division of state police, Albany, within ten days after issuance of  the
  license,  and  the  other  remain  on file with the investigating police
  authority. No such fingerprints may be inspected  by  any  person  other
  than a peace officer, who is acting pursuant to his special duties, or a
  police  officer,  except  on  order  of a judge or justice of a court of
  record either upon notice to the licensee  or  without  notice,  as  the
  judge   or   justice  may  deem  appropriate.  Upon  completion  of  the
  investigation, the police authority shall  report  the  results  to  the
  licensing officer without unnecessary delay.
    4-a.  Processing  of  license  applications. Applications for licenses
  shall be accepted for processing by the licensing officer at the time of
  presentment. Except upon written notice to  the  applicant  specifically
  stating  the  reasons  for any delay, in each case the licensing officer
  shall act upon any application for a license pursuant  to  this  section
  within  six  months of the date of presentment of such an application to
  the appropriate authority. Such delay may only be  for  good  cause  and
  with  respect  to  the  applicant.  In  acting  upon an application, the
  licensing  officer  shall  either  deny  the  application  for   reasons
  specifically  and  concisely  stated in writing or grant the application
  and issue the license applied for.
    4-b. Westchester county firearms safety  course  certificate.  In  the
  county of Westchester, at the time of application, the licensing officer
  to  which  the  license  application is made shall provide a copy of the
  safety course booklet to each license applicant. Before such license  is
  issued, such licensing officer shall require that the applicant submit a
  certificate  of  successful  completion  of a firearms safety course and
  test issued in his or her name  and  endorsed  and  affirmed  under  the
  penalties of perjury by a duly authorized instructor.
    5.  Filing  of  approved  applications.  (a)  The  application for any
  license, if granted, shall be filed by the licensing  officer  with  the
  clerk  of  the  county  of issuance, except that in the city of New York
  and, in the counties of Nassau and Suffolk, the licensing officer  shall
  designate  the  place  of  filing in the appropriate division, bureau or
  unit of the police department thereof, and in the county of Suffolk  the
  county   clerk   is   hereby  authorized  to  transfer  all  records  or
  applications relating to firearms to the  licensing  authority  of  that
  county.  Except  as  provided  in  paragraphs  (b)  through  (f) of this
  subdivision, the name and address of any person to whom  an  application
  for  any  license  has  been  granted  shall  be  a  public record. Upon
  application by a licensee who has changed his place  of  residence  such
  records  or applications shall be transferred to the appropriate officer
  at the licensee's new place of  residence.  A  duplicate  copy  of  such
  application  shall  be  filed  by the licensing officer in the executive
  department, division of state police,  Albany,  within  ten  days  after

  issuance  of  the  license.  The  superintendent  of  state  police  may
  designate that such application shall be transmitted to the division  of
  state  police  electronically.  In  the  event the superintendent of the
  division  of  state  police  determines that it lacks any of the records
  required to be filed with the division, it may request that such records
  be provided to it by the appropriate clerk, department or authority  and
  such clerk, department or authority shall provide the division with such
  records.  In  the  event  such clerk, department or authority lacks such
  records, the division may request the license holder provide information
  sufficient to constitute such  record  and  such  license  holder  shall
  provide  the  division  with such information. Such information shall be
  limited to the license holder's  name,  date  of  birth,  gender,  race,
  residential  address,  social  security number and firearms possessed by
  said license holder. Nothing in this subdivision shall be  construed  to
  change  the  expiration  date  or  term  of  such  licenses if otherwise
  provided for in law. Records assembled  or  collected  for  purposes  of
  inclusion  in the database established by this section shall be released
  pursuant to a court order. Records assembled or collected  for  purposes
  of  inclusion in the database created pursuant to section 400.02 of this
  chapter shall not be subject to disclosure pursuant to  article  six  of
  the public officers law.
    (b)  Each  application for a license pursuant to paragraph (a) of this
  subdivision shall include, on a separate written form  prepared  by  the
  division of state police within thirty days of the effective date of the
  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
  section, and provided to the applicant at the same time and in the  same
  manner  as  the  application  for  a  license,  an  opportunity  for the
  applicant  to  request  an  exception  from  his  or   her   application
  information  becoming  public  record  pursuant to paragraph (a) of this
  subdivision.  Such  forms,  which  shall  also  be  made  available   to
  individuals  who  had applied for or been granted a license prior to the
  effective date of the chapter of the laws of two thousand thirteen which
  amended this section, shall notify applicants that, upon discovery  that
  an applicant knowingly provided false information, such applicant may be
  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
  further, that his or her request for an  exception  shall  be  null  and
  void,  provided  that  written  notice  containing such determination is
  provided to the  applicant.  Further,  such  forms  shall  provide  each
  applicant  an  opportunity  to  specify  the  grounds on which he or she
  believes his or her  application  information  should  not  be  publicly
  disclosed.  These  grounds, which shall be identified on the application
  with a box beside each for checking, as applicable,  by  the  applicant,
  shall be as follows:
    (i)  the  applicant's  life  or safety may be endangered by disclosure
  because:
    (A) the applicant is  an  active  or  retired  police  officer,  peace
  officer, probation officer, parole officer, or corrections officer;
    (B)  the applicant is a protected person under a currently valid order
  of protection;
    (C) the applicant is  or  was  a  witness  in  a  criminal  proceeding
  involving a criminal charge;
    (D)  the  applicant  is  participating or previously participated as a
  juror in a criminal proceeding, or is or was a member of a  grand  jury;
  or
    (E) the applicant is a spouse, domestic partner or household member of
  a  person  identified  in this subparagraph or subparagraph (ii) of this
  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
  apply.

    (ii) the applicant has reason to believe his or her life or safety may
  be endangered by disclosure due to reasons stated by the applicant.
    (iii)  the applicant has reason to believe he or she may be subject to
  unwarranted harassment upon disclosure of such information.
    (c) Each form provided for recertification pursuant to  paragraph  (b)
  of  subdivision ten of this section shall include an opportunity for the
  applicant to request an exception from the information provided on  such
  form   becoming   public  record  pursuant  to  paragraph  (a)  of  this
  subdivision. Such forms shall notify  applicants  that,  upon  discovery
  that  an  applicant knowingly provided false information, such applicant
  may be subject to penalties pursuant to section 175.30 of this  chapter,
  and  further, that his or her request for an exception shall be null and
  void, provided that written  notice  containing  such  determination  is
  provided  to  the  applicant.  Further,  such  forms  shall provide each
  applicant an opportunity to either  decline  to  request  the  grant  or
  continuation  of an exception, or specify the grounds on which he or she
  believes his or her information should not be publicly disclosed.  These
  grounds,  which shall be identified in the application with a box beside
  each for checking, as applicable, by the applicant, shall be the same as
  provided in paragraph (b) of this subdivision.
    (d) Information submitted on the forms described in paragraph  (b)  of
  this subdivision shall be excepted from disclosure and maintained by the
  entity  retaining  such  information  separate  and apart from all other
  records.
    (e) (i) Upon receiving a request for exception  from  disclosure,  the
  licensing  officer  shall  grant  such  exception, unless the request is
  determined to be null and void, pursuant to paragraph (b) or (c) of this
  subdivision.
    (ii) A request for an exception from disclosure may  be  submitted  at
  any time, including after a license or recertification has been granted.
    (iii)  If an exception is sought and granted pursuant to paragraph (b)
  of this subdivision, the application information  shall  not  be  public
  record,  unless  the  request  is  determined to be null and void. If an
  exception is sought and  granted  pursuant  to  paragraph  (c)  of  this
  subdivision, the information concerning such recertification application
  shall  not be public record, unless the request is determined to be null
  and void.
    (f) The information of licensees or applicants for a license shall not
  be disclosed to the public during the  first  one  hundred  twenty  days
  following  the effective date of the chapter of the laws of two thousand
  thirteen, which amended this section. After such period, the information
  of those who had applied for or been granted  a  license  prior  to  the
  preparation  of  the  form  for  requesting  an  exception,  pursuant to
  paragraph (b)  of  this  subdivision,  may  be  released  only  if  such
  individuals  did  not  file  a  request for such an exception during the
  first sixty days following such preparation; provided, however, that  no
  information contained in an application for licensure or recertification
  shall  be  disclosed  by an entity that has not completed processing any
  such requests received during such sixty days.
    (g) If a request for an exception is determined to be  null  and  void
  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
  request review of such determination pursuant to  article  seventy-eight
  of  the  civil  practice  laws  and rules. Such proceeding must commence
  within thirty days after service of the written  notice  containing  the
  adverse  determination. Notice of the right to commence such a petition,
  and the time period therefor, shall be included in  the  notice  of  the
  determination.  Disclosure  following  such a petition shall not be made
  prior to the disposition of such review.

    6. License: validity. Any license  issued  pursuant  to  this  section
  shall  be  valid  notwithstanding  the  provisions  of  any local law or
  ordinance.  No license shall be transferable  to  any  other  person  or
  premises.  A  license  to  carry  or  possess  a pistol or revolver, not
  otherwise  limited as to place or time of possession, shall be effective
  throughout the state, except that the same shall not be valid within the
  city of New York unless a special permit granting validity is issued  by
  the  police  commissioner of that city. Such license to carry or possess
  shall be valid within the city of New York in the absence  of  a  permit
  issued  by  the  police commissioner of that city, provided that (a) the
  firearms covered by such license have been  purchased  from  a  licensed
  dealer within the city of New York and are being transported out of said
  city  forthwith  and  immediately  from said dealer by the licensee in a
  locked container during a continuous and uninterrupted trip; or provided
  that (b) the firearms covered by such license are being  transported  by
  the  licensee in a locked container and the trip through the city of New
  York is continuous and uninterrupted; or provided that (c) the  firearms
  covered  by  such  license  are  carried  by armored car security guards
  transporting money or other valuables, in, to, or  from  motor  vehicles
  commonly  known  as armored cars, during the course of their employment;
  or provided that (d) the licensee is a retired police officer as  police
  officer  is  defined pursuant to subdivision thirty-four of section 1.20
  of the criminal procedure law  or  a  retired  federal  law  enforcement
  officer,  as  defined in section 2.15 of the criminal procedure law, who
  has been issued a license by an authorized licensing officer as  defined
  in subdivision ten of section 265.00 of this chapter; provided, further,
  however,  that if such license was not issued in the city of New York it
  must  be  marked  "Retired  Police  Officer"  or  "Retired  Federal  Law
  Enforcement  Officer", as the case may be, and, in the case of a retired
  officer the license shall be deemed to permit only police or federal law
  enforcement regulations weapons; or provided that (e) the licensee is  a
  peace  officer  described  in  subdivision  four  of section 2.10 of the
  criminal procedure law and the license, if issued by other than the city
  of New York, is marked "New York State Tax Department Peace Officer" and
  in such case the exemption shall apply only to  the  firearm  issued  to
  such  licensee  by  the department of taxation and finance. A license as
  gunsmith or dealer in firearms shall not be valid outside  the  city  or
  county, as the case may be, where issued.
    7.  License:  form. Any license issued pursuant to this section shall,
  except in the  city  of  New  York,  be  approved  as  to  form  by  the
  superintendent  of  state police. A license to carry or possess a pistol
  or revolver shall have attached the licensee's photograph, and a  coupon
  which shall be removed and retained by any person disposing of a firearm
  to  the  licensee.  Such  license  shall  specify  the weapon covered by
  calibre, make, model, manufacturer's name and serial number, or if none,
  by any other distinguishing number or  identification  mark,  and  shall
  indicate  whether  issued  to  carry  on  the  person  or possess on the
  premises, and if on the premises shall also specify the place where  the
  licensee  shall possess the same. If such license is issued to an alien,
  or to a person not a citizen of and usually a resident in the state, the
  licensing officer shall state in the license the particular  reason  for
  the  issuance  and  the  names  of  the  persons  certifying to the good
  character of the  applicant.  Any  license  as  gunsmith  or  dealer  in
  firearms  shall mention and describe the premises for which it is issued
  and shall be valid only for such premises.
    8. License: exhibition and display. Every licensee  while  carrying  a
  pistol  or  revolver  shall have on his or her person a license to carry
  the same. Every person licensed to  possess  a  pistol  or  revolver  on

  particular  premises  shall  have  the  license  for  the  same  on such
  premises. Upon demand, the license shall be exhibited for inspection  to
  any  peace officer, who is acting pursuant to his or her special duties,
  or  police officer. A license as gunsmith or dealer in firearms shall be
  prominently displayed on the licensed premises. A gunsmith or dealer  of
  firearms  may  conduct business temporarily at a location other than the
  location specified on the license if  such  temporary  location  is  the
  location  for  a  gun show or event sponsored by any national, state, or
  local organization, or any affiliate of any such organization devoted to
  the collection, competitive use or other sporting use of  firearms.  Any
  sale  or  transfer at a gun show must also comply with the provisions of
  article thirty-nine-DD of the general business law. Records  of  receipt
  and  disposition  of  firearms  transactions conducted at such temporary
  location shall include the location of the sale or other disposition and
  shall be entered in the permanent records of the gunsmith or  dealer  of
  firearms  and retained on the location specified on the license. Nothing
  in this section shall authorize any licensee to  conduct  business  from
  any  motorized or towed vehicle. A separate fee shall not be required of
  a licensee with respect to business conducted  under  this  subdivision.
  Any inspection or examination of inventory or records under this section
  at  such temporary location shall be limited to inventory consisting of,
  or records related to, firearms  held  or  disposed  at  such  temporary
  locations.  Failure  of any licensee to so exhibit or display his or her
  license, as the case may be, shall be presumptive evidence  that  he  or
  she is not duly licensed.
    9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
  person licensed to carry or possess a pistol or revolver  may  apply  at
  any  time  to  his  or her licensing officer for amendment of his or her
  license to include one or more such weapons or to  cancel  weapons  held
  under  license.  If  granted,  a  record of the amendment describing the
  weapons involved  shall  be  filed  by  the  licensing  officer  in  the
  executive   department,   division   of   state   police,   Albany.  The
  superintendent of state police may  authorize  that  such  amendment  be
  completed  and  transmitted  to  the  state  police  in electronic form.
  Notification of any change of residence shall be made in writing by  any
  licensee  within ten days after such change occurs, and a record of such
  change shall be inscribed by such licensee on the reverse side of his or
  her license. Elsewhere than in the city of New York, and in the counties
  of Nassau and Suffolk, such notification shall be made to the  executive
  department,  division  of  state  police, Albany, and in the city of New
  York to the police commissioner of that  city,  and  in  the  county  of
  Nassau  to  the police commissioner of that county, and in the county of
  Suffolk to the licensing officer of that county, who shall,  within  ten
  days  after  such  notification  shall  be  received by him or her, give
  notice in writing of such change to the executive  department,  division
  of state police, at Albany.
    10.  License:  expiration,  certification and renewal. (a) Any license
  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
  license  to  carry  or  possess a pistol or revolver, issued at any time
  pursuant to this section or prior to the first  day  of  July,  nineteen
  hundred  sixty-three  and not limited to expire on an earlier date fixed
  in the license, shall expire not more than three years after the date of
  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
  license  to  carry  or  possess a pistol or revolver, issued at any time
  pursuant to this section or prior to the first  day  of  July,  nineteen
  hundred  sixty-three  and not limited to expire on an earlier date fixed
  in the license, shall expire not more than five years after the date  of
  issuance;  however, in the county of Westchester, any such license shall

  be certified  prior  to  the  first  day  of  April,  two  thousand,  in
  accordance with a schedule to be contained in regulations promulgated by
  the commissioner of the division of criminal justice services, and every
  such  license  shall  be  recertified  every  five years thereafter. For
  purposes of this section certification  shall  mean  that  the  licensee
  shall  provide  to the licensing officer the following information only:
  current name, date of birth,  current  address,  and  the  make,  model,
  caliber  and  serial  number  of  all firearms currently possessed. Such
  certification information shall be filed by the licensing officer in the
  same manner as an amendment. Elsewhere than in the city of New York  and
  the counties of Nassau, Suffolk and Westchester, any license to carry or
  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
  section or prior to the first day of July, nineteen hundred  sixty-three
  and  not  previously  revoked or cancelled, shall be in force and effect
  until revoked as herein provided. Any license not  previously  cancelled
  or  revoked shall remain in full force and effect for thirty days beyond
  the stated expiration date on such license. Any application to  renew  a
  license that has not previously expired, been revoked or cancelled shall
  thereby  extend  the  term  of  the  license  until  disposition  of the
  application by the licensing officer. In  the  case  of  a  license  for
  gunsmith  or dealer in firearms, in counties having a population of less
  than two hundred  thousand  inhabitants,  photographs  and  fingerprints
  shall  be submitted on original applications and upon renewal thereafter
  only at six year intervals. Upon satisfactory  proof  that  a  currently
  valid  original  license  has  been despoiled, lost or otherwise removed
  from the possession of the licensee and upon application  containing  an
  additional photograph of the licensee, the licensing officer shall issue
  a duplicate license.
    (b) All licensees shall be recertified to the division of state police
  every  five  years  thereafter.  Any license issued before the effective
  date of the chapter of the laws of two  thousand  thirteen  which  added
  this paragraph shall be recertified by the licensee on or before January
  thirty-first, two thousand eighteen, and not less than one year prior to
  such  date,  the state police shall send a notice to all license holders
  who have not recertified by such time. Such recertification shall be  in
  a  form  as  approved by the superintendent of state police, which shall
  request  the  license  holder's  name,  date  of  birth,  gender,  race,
  residential  address, social security number, firearms possessed by such
  license holder, email address at the option of the license holder and an
  affirmation that such license holder is not prohibited  from  possessing
  firearms.  The form may be in an electronic form if so designated by the
  superintendent of state police. Failure to  recertify  shall  act  as  a
  revocation  of  such license. If the New York state police discover as a
  result of the recertification process that a licensee failed to  provide
  a  change  of  address,  the New York state police shall not require the
  licensing officer to revoke such license.
    11. License: revocation  and  suspension.  (a)  The  conviction  of  a
  licensee  anywhere  of  a felony or serious offense or a licensee at any
  time becoming ineligible to obtain a license under  this  section  shall
  operate  as  a  revocation  of  the license. A license may be revoked or
  suspended as provided for in section 530.14 of  the  criminal  procedure
  law or section eight hundred forty-two-a of the family court act. Except
  for  a  license  issued  pursuant  to  section 400.01 of this article, a
  license may be revoked and cancelled at any time  in  the  city  of  New
  York,  and  in  the  counties  of  Nassau  and Suffolk, by the licensing
  officer, and elsewhere than in the city of New  York  by  any  judge  or
  justice  of  a  court  of  record;  a license issued pursuant to section
  400.01 of this article may be revoked and cancelled at any time  by  the

  licensing  officer  or  any  judge  or justice of a court of record. The
  official revoking a license shall give written  notice  thereof  without
  unnecessary delay to the executive department, division of state police,
  Albany,  and  shall  also notify immediately the duly constituted police
  authorities of the locality.
    (b) Whenever the director of community services or his or her designee
  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
  division  of  criminal  justice  services shall convey such information,
  whenever it determines that the person named in the report  possesses  a
  license  issued  pursuant  to this section, to the appropriate licensing
  official, who shall issue an order suspending or revoking such license.
    (c) In any instance in  which  a  person's  license  is  suspended  or
  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
  shall surrender such license to the appropriate licensing  official  and
  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
  person shall be surrendered to an appropriate law enforcement agency  as
  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
  section 265.20 of this chapter. In  the  event  such  license,  firearm,
  shotgun,  or  rifle  is not surrendered, such items shall be removed and
  declared a nuisance and any  police  officer  or  peace  officer  acting
  pursuant  to  his  or her special duties is authorized to remove any and
  all such weapons.
    12. Records required of gunsmiths and dealers in firearms. Any  person
  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
  approved  as  to  form,  except  in  the  city  of  New  York,  by   the
  superintendent  of  state police. In the record book shall be entered at
  the time of every transaction involving a firearm the date,  name,  age,
  occupation  and  residence of any person from whom a firearm is received
  or to whom a  firearm  is  delivered,  and  the  calibre,  make,  model,
  manufacturer's   name   and   serial  number,  or  if  none,  any  other
  distinguishing number or identification mark  on  such  firearm.  Before
  delivering  a  firearm  to any person, the licensee shall require him to
  produce either a license valid under this section to  carry  or  possess
  the  same,  or proof of lawful authority as an exempt person pursuant to
  section 265.20. In addition, before delivering  a  firearm  to  a  peace
  officer,  the  licensee  shall  verify  that  person's status as a peace
  officer  with  the  division  of  state  police.  After  completing  the
  foregoing,  the licensee shall remove and retain the attached coupon and
  enter in the record book the date of such license, number, if  any,  and
  name of the licensing officer, in the case of the holder of a license to
  carry  or possess, or the shield or other number, if any, assignment and
  department, unit or agency,  in  the  case  of  an  exempt  person.  The
  original  transaction report shall be forwarded to the division of state
  police within ten days of delivering a firearm  to  any  person,  and  a
  duplicate  copy  shall  be  kept  by the licensee. The superintendent of
  state police may designate that  such  record  shall  be  completed  and
  transmitted  in  electronic  form. A dealer may be granted a waiver from
  transmitting such records  in  electronic  form  if  the  superintendent
  determines  that  such  dealer  is incapable of such transmission due to
  technological limitations that are not reasonably within the control  of
  the  dealer,  or  other  exceptional  circumstances  demonstrated by the
  dealer, pursuant to a process established  in  regulation,  and  at  the
  discretion  of  the  superintendent.  Records assembled or collected for
  purposes of inclusion in the database created pursuant to section 400.02
  of this article shall not be subject to disclosure pursuant  to  article
  six  of  the public officers law. The record book shall be maintained on
  the premises mentioned and described in the license and shall be open at
  all reasonable  hours  for  inspection  by  any  peace  officer,  acting

  pursuant  to  his  special  duties,  or  police officer. In the event of
  cancellation or revocation of the license  for  gunsmith  or  dealer  in
  firearms,  or discontinuance of business by a licensee, such record book
  shall be immediately surrendered to the licensing officer in the city of
  New  York,  and  in the counties of Nassau and Suffolk, and elsewhere in
  the state to the executive department, division of state police.
    12-a.  State  police  regulations  applicable  to  licensed  gunsmiths
  engaged  in  the  business  of assembling or manufacturing firearms. The
  superintendent of state police is hereby authorized to issue such  rules
  and  regulations  as  he deems reasonably necessary to prevent the manu-
  facture and assembly of unsafe firearms in the  state.  Such  rules  and
  regulations  shall  establish  safety  standards  in regard to the manu-
  facture and assembly of firearms in the state, including  specifications
  as  to  materials  and  parts  used,  the proper storage and shipment of
  firearms, and minimum standards of quality control.  Regulations  issued
  by  the  state  police  pursuant  to this subdivision shall apply to any
  person licensed as a gunsmith under this section engaged in the business
  of manufacturing or assembling firearms, and any violation thereof shall
  subject the licensee to revocation of license  pursuant  to  subdivision
  eleven of this section.
    12-c. Firearms records. (a) Every employee of a state or local agency,
  unit  of  local  government,  state  or  local  commission, or public or
  private organization who possesses a firearm  or  machine-gun  under  an
  exemption  to  the  licensing  requirements  under  this  chapter, shall
  promptly report in writing to his employer the make, model, calibre  and
  serial  number  of  each such firearm or machine-gun. Thereafter, within
  ten days of the acquisition or disposition of any such weapon, he  shall
  furnish such information to his employer, including the name and address
  of  the  person  from  whom  the  weapon  was acquired or to whom it was
  disposed.
    (b) Every head of a state or local agency, unit of  local  government,
  state  or  local  commission,  public  authority  or  public  or private
  organization to whom an employee has  submitted  a  report  pursuant  to
  paragraph  (a) of this subdivision shall promptly forward such report to
  the superintendent of state police.
    (c) Every head of a state or local agency, unit of  local  government,
  state  or  local commission, public authority, or any other agency, firm
  or corporation that employs persons who may lawfully possess firearms or
  machine-guns without the requirement of  a  license  therefor,  or  that
  employs  persons  licensed  to  possess  firearms or machine-guns, shall
  promptly report to the superintendent of state  police,  in  the  manner
  prescribed  by  him, the make, model, calibre and serial number of every
  firearm or machine-gun possessed by it on the effective date of this act
  for the use of such employees or for any other use.  Thereafter,  within
  ten days of the acquisition or disposition of any such weapon, such head
  shall report such information to the superintendent of the state police,
  including  the  name  and address of the person from whom the weapon was
  acquired or to whom it was disposed.
    13. Expenses. The expense of providing a licensing officer with  blank
  applications,  licenses and record books for carrying out the provisions
  of this section shall be a charge against the county, and in the city of
  New York against the city.
    14. Fees. In the city of New York and the county of Nassau, the annual
  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
  for dealers in firearms. In such city,  the  city  council  and  in  the
  county  of  Nassau  the  Board  of  Supervisors  shall fix the fee to be
  charged for a license to carry or  possess  a  pistol  or  revolver  and
  provide  for  the  disposition of such fees. Elsewhere in the state, the

  licensing officer shall collect and pay into  the  county  treasury  the
  following  fees:  for  each  license  to  carry  or  possess a pistol or
  revolver, not less than three dollars nor more than ten dollars  as  may
  be  determined by the legislative body of the county; for each amendment
  thereto, three dollars, and five dollars in the county of  Suffolk;  and
  for  each  license  issued  to  a  gunsmith  or  dealer in firearms, ten
  dollars. The fee for a duplicate license shall be five dollars. The  fee
  for  processing  a  license  transfer  between  counties  shall  be five
  dollars. The fee for processing a  license  or  renewal  thereof  for  a
  qualified   retired   police   officer   as  defined  under  subdivision
  thirty-four of  section  1.20  of  the  criminal  procedure  law,  or  a
  qualified  retired  sheriff, undersheriff, or deputy sheriff of the city
  of New York as defined under subdivision two  of  section  2.10  of  the
  criminal  procedure  law,  or  a  qualified  retired  bridge  and tunnel
  officer, sergeant or lieutenant of  the  triborough  bridge  and  tunnel
  authority  as  defined  under  subdivision twenty of section 2.10 of the
  criminal procedure law, or a qualified retired uniformed  court  officer
  in  the  unified court system, or a qualified retired court clerk in the
  unified court system in the first and second  judicial  departments,  as
  defined  in paragraphs a and b of subdivision twenty-one of section 2.10
  of the criminal procedure law or a retired correction officer as defined
  in subdivision twenty-five of section 2.10 of the criminal procedure law
  shall be waived in all counties throughout the state.
    15. Any violation by any person of any provision of this section is  a
  class A misdemeanor.
    16.  Unlawful disposal. No person shall except as otherwise authorized
  pursuant to law dispose of any firearm unless he is licensed as gunsmith
  or dealer in firearms.
    16-a. Registration. (a) An owner of a weapon defined in paragraph  (e)
  or  (f)  of  subdivision  twenty-two  of section 265.00 of this chapter,
  possessed before the date of the effective date of the  chapter  of  the
  laws  of  two thousand thirteen which added this paragraph, must make an
  application to register such weapon with  the  superintendent  of  state
  police,  in  the manner provided by the superintendent, or by amending a
  license issued pursuant to this section within one year of the effective
  date of this subdivision except any weapon  defined  under  subparagraph
  (vi)  of  paragraph  (g)  of subdivision twenty-two of section 265.00 of
  this chapter transferred into the state may be registered at  any  time,
  provided  such  weapons  are  registered  within  thirty  days  of their
  transfer into the state.  Registration  information  shall  include  the
  registrant's  name,  date  of  birth, gender, race, residential address,
  social  security  number  and  a  description  of  each   weapon   being
  registered. A registration of any weapon defined under subparagraph (vi)
  of  paragraph  (g)  of  subdivision  twenty-two  of  section 265.00 or a
  feeding device as defined  under  subdivision  twenty-three  of  section
  265.00  of  this chapter shall be transferable, provided that the seller
  notifies the state police within seventy-two hours of the  transfer  and
  the  buyer  provides  the  state  police  with information sufficient to
  constitute a registration under this section.  Such  registration  shall
  not be valid if such registrant is prohibited or becomes prohibited from
  possessing   a   firearm   pursuant   to   state  or  federal  law.  The
  superintendent shall determine whether  such  registrant  is  prohibited
  from  possessing  a firearm under state or federal law. Such check shall
  be limited to determining whether the factors in 18 USC 922 (g) apply or
  whether a registrant has been convicted of a serious offense as  defined
  in  subdivision  sixteen-b  of  section 265.00 of this chapter, so as to
  prohibit such registrant from possessing a firearm, and whether a report
  has been issued pursuant to section 9.46 of the mental hygiene law.  All

  registrants  shall  recertify to the division of state police every five
  years thereafter. Failure to recertify shall result in a  revocation  of
  such registration.
    (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
  this  subdivision,  an  owner  of  an  assault  weapon  as  defined   in
  subdivision  twenty-two  of  section  265.00  of  this chapter, who is a
  qualified retired New York or federal law enforcement officer as defined
  in subdivision twenty-five of section 265.00 of this chapter, where such
  weapon was issued to or purchased by such officer  prior  to  retirement
  and  in  the  course  of  his or her official duties, and for which such
  officer was qualified by the agency that employed  such  officer  within
  twelve  months prior to his or her retirement, must register such weapon
  within sixty days of retirement.
    (b) The superintendent of state police shall create  and  maintain  an
  internet  website to educate the public as to which semiautomatic rifle,
  semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
  as a result of the enactment of the chapter of the laws of two  thousand
  thirteen  which  added  this  paragraph, as well as such assault weapons
  which are illegal pursuant to article two  hundred  sixty-five  of  this
  chapter.  Such website shall contain information to assist the public in
  recognizing the relevant features proscribed by such article two hundred
  sixty-five, as well as which make and  model  of  weapons  that  require
  registration.
    (c)  A person who knowingly fails to apply to register such weapon, as
  required by this section, within one year of the effective date  of  the
  chapter  of the laws of two thousand thirteen which added this paragraph
  shall be guilty of a class A misdemeanor and such person who unknowingly
  fails to validly register such weapon within such one year period  shall
  be  given  a  warning  by an appropriate law enforcement authority about
  such failure and given thirty days in which to apply  to  register  such
  weapon  or  to surrender it. A failure to apply or surrender such weapon
  within such thirty-day period shall result in such weapon being  removed
  by an appropriate law enforcement authority and declared a nuisance.
    16-b.  The cost of the software, programming and interface required to
  transmit any record that  must  be  electronically  transmitted  by  the
  dealer  or licensing officer to the division of state police pursuant to
  this chapter shall be borne by the state.
    17. Applicability of section. The provisions of  article  two  hundred
  sixty-five  of this chapter relating to illegal possession of a firearm,
  shall not apply to an offense which also constitutes a violation of this
  section by a  person  holding  an  otherwise  valid  license  under  the
  provisions  of this section and such offense shall only be punishable as
  a class A  misdemeanor  pursuant  to  this  section.  In  addition,  the
  provisions  of such article two hundred sixty-five of this chapter shall
  not apply to the possession of a firearm in a place  not  authorized  by
  law, by a person who holds an otherwise valid license or possession of a
  firearm by a person within a one year period after the stated expiration
  date  of  an  otherwise  valid  license  which  has  not been previously
  cancelled or revoked shall only be punishable as a class  A  misdemeanor
  pursuant to this section.
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