§ 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 or who is not the subject of
an outstanding warrant of arrest issued upon the alleged commission of a
felony or 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 applica-
tion is made, including but not limited to such records as may be acces-
sible 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. Where the applicant is domiciled in a foreign state,
the investigation shall include inquiry of the foreign state for records
concerning the previous or present mental illness of the applicant, and,
to the extent necessary for inspection by the investigating officer, the
applicant shall execute a waiver of confidentiality of such record in
such form as may be required by the foreign state. 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 or her 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 inves-
tigation, the police authority shall report the results to the licensing
officer without unnecessary delay.
>(As amended by L.2019 c.242 effective 11/02/19.)
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. Notwithstanding the foregoing provisions of this subparagraph,
local and state law enforcement shall, upon request, be granted access
to and copies of such application information provided that such
information obtained by law enforcement pursuant to this subparagraph
shall not be considered a public record of such law enforcement agency.
(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 subdi-
vision, the information concerning such recertification application
shall not be public record, unless the request is determined to be null
and void. Notwithstanding the foregoing provisions of this subpara-
graph, local and state law enforcement shall, upon request, be granted
access to and copies of such application information provided that such
information obtained by law enforcement pursuant to this subparagraph
shall not be considered a public record of such law enforcement agency.
>(As amended by L.2019 c.244 effective 09/03/19.)
(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. Notwithstanding any
inconsistent provision of state or local law or rule or regulation, the
premises limitation set forth in any license to have and possess a
pistol or revolver in the licensee's dwelling or place of business
pursuant to paragraph (a) or (b) of subdivision two of this section
shall not prevent the transport of such pistol or revolver directly to
or from (i) another dwelling or place of business of the licensee where
the licensee is authorized to have and possess such pistol or revolver,
(ii) an indoor or outdoor shooting range that is authorized by law to
operate as such, (iii) a shooting competition at which the licensee may
possess such pistol or revolver consistent with the provisions of
subdivision a of section 265.20 of this chapter or consistent with the
law applicable at the place of such competition, or (iv) any other
location where the licensee is lawfully authorized to have and possess
such pistol or revolver; provided however, that during such transport to
or from a location specified in clauses (i) through (iv) of this
paragraph, the pistol or revolver shall be unloaded and carried in a
locked container, and the ammunition therefor shall be carried
separately; provided further, however, that a license to have and
possess a pistol or revolver in the licensee's dwelling or place of
business pursuant to paragraph (a) or (b) of subdivision two of this
section that is issued by a licensing officer other than the police
commissioner of the city of New York shall not authorize transport of a
pistol or revolver into the city of New York in the absence of written
authorization to do so by the police commissioner of that city. The term
"locked container" shall not include the glove compartment or console of
a vehicle.
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 of this chapter and either (a) the National Instant
Criminal Background Check System (NICS) or its successor has issued a
"proceed" response to the licensee, or (b) thirty calendar days have
elapsed since the date the licensee contacted NICS to initiate a
national instant criminal background check and NICS has not notified the
licensee that the transfer of the firearm to such person should be
denied. 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.
18. Notice. Upon the issuance of a license, the licensing officer
shall issue therewith the following notice in conspicuous and legible
twenty-four point type on eight and one-half inches by eleven inches
paper stating in bold print the following:
WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.
FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE
STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND
CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE
HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON
PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW.
FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE
FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER
PROHIBITED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH.
Nothing in this subdivision shall be deemed to affect, impair or
supersede any special or local law relating to providing notice
regarding the safe storage of rifles, shotguns or firearms.
