PL 400.00(15)

§ § 400.00 Licensing and other provisions relating to 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, which, for the purposes of this
article, shall mean having  the  essential  character,  temperament  and
judgement  necessary to be entrusted with a weapon and to use it only in
a manner that does not endanger oneself or others; (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
a noncitizen (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 or substantially similar laws of any other
state, section four hundred two or five hundred eight of the  correction
law,  section  322.2  or  353.4  of  the  family court act, has not been
civilly confined in a secure treatment facility pursuant to article  ten
of  the mental hygiene law, or has not been the subject of a report made
pursuant to section 9.46 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;  (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,  provided,  however, persons with a
license issued under paragraph (f) of subdivision two  of  this  section
prior to the effective date of the laws of two thousand twenty-two which
amended  this  paragraph  shall  be  required  to  complete the training
required  by  subdivision  nineteen  of  this  section  prior   to   the
recertification  of  such  license;  and  (iii)  persons  applying for a
license under paragraph (f) of subdivision two of  this  section  on  or
after  the  effective  date  of  the chapter of the laws of two thousand
twenty-two which  amended  this  paragraph  who  shall  be  required  to
complete  the  training  required  under  subdivision  nineteen  of this
section for such license; (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, incompetency, incapacity, condition or disease, he or she lacks
the mental capacity to contract or manage his or her  own  affairs;  (n)
for  a  license  issued  under  paragraph (f) of subdivision two of this
section, that the applicant has not been convicted within five years  of
the  date of the application of any of the following: (i) assault in the
third degree, as  defined  in  section  120.00  of  this  chapter;  (ii)
misdemeanor  driving  while  intoxicated,  as  defined in section eleven
hundred ninety-two of the vehicle and traffic law; or (iii) menacing, as
defined in section 120.15 of this chapter; and (o) for a license  issued
under  paragraph  (f)  of subdivision two of this section, the applicant
shall meet in person with the licensing officer  for  an  interview  and
shall,  in  addition  to  any other information or forms required by the
license application  submit  to  the  licensing  officer  the  following
information:  (i)  names  and  contact  information  for the applicant's
current spouse, or domestic partner, any other adults  residing  in  the
applicant's  home,  including  any  adult children of the applicant, and
whether or not there are minors residing, full time or part time, in the
applicant's home; (ii) names and contact information  of  no  less  than
four  character  references who can attest to the applicant's good moral
character and that such applicant has not engaged in any acts,  or  made
any  statements  that  suggest they are likely to engage in conduct that
would result in harm to themselves or  others;  (iii)  certification  of
completion  of  the  training  required  in subdivision nineteen of this
section; (iv) a list of former and current social media accounts of  the
applicant from the past three years to confirm the information regarding
the applicants character and conduct as required in subparagraph (ii) of
this paragraph; and (v) such other information required by the licensing
officer  that  is  reasonably necessary and related to the review of the
licensing application.
  1-a. 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 shall be required to 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.
  1-b.  For purposes of subdivision one of this section, serious offense
shall include an offense in any jurisdiction or  the  former  penal  law
that  includes  all  of  the  essential elements of a serious offense as
defined by subdivision seventeen of  section  265.00  of  this  chapter.
Nothing in this subdivision shall preclude the denial of a license based
on  the  commission  of,  arrest  for or conviction of an offense in any
other jurisdiction which does not include all of the essential  elements
of a serious offense.
  2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
shall  be  issued  to  engage  in  such  business.  A  license   for   a
semiautomatic  rifle,  other  than  an  assault weapon or disguised gun,
shall be issued to purchase or take possession of such  a  semiautomatic
rifle  when  such transfer of ownership occurs on or after the effective
date of  chapter  two  hundred  twelve  of  the  laws  of  two  thousand
twenty-two  that  amended  this  subdivision.  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 subject to the restrictions  of  state  and  federal
law,  by  any  person;  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  1898,  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 or to
purchase or take possession of a semiautomatic rifle, 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. 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 shall be  forwarded  to  the  investigating
officer  and  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 shall
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 investigation, the
police authority shall report  the  results  to  the  licensing  officer
without unnecessary delay.
  4-a.  Appeals  from denial of an application, renewal, recertification
or license revocation. If an application for a license  is  denied,  not
renewed,  not recertified, or revoked, the licensing officer shall issue
a written notice to the applicant setting forth  the  reasons  for  such
denial.  An applicant may, within ninety days of receipt of such notice,
request a hearing to appeal the denial to the appeals board  created  by
the  division  of  criminal  justice  services and the superintendent of
state police. An  individual  may  be  represented  by  counsel  at  any
appearance before the appeals board and shall be afforded an opportunity
to  present  additional  evidence  in  support of their application. The
commissioner of criminal justice  services  and  the  superintendent  of
state  police  shall  promulgate  rules  and  regulations governing such
appeals process.
  4-b. 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-c.  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.
  (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,  or  to
purchase  or  take  possession  of  a semiautomatic rifle, 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 or to purchase or take possession of a  semiautomatic  rifle
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.  A  license  to  carry  or  possess a pistol or revolver 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 a noncitizen, 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.  Every  person  licensed  to  purchase or take possession of a
semiautomatic rifle shall have the license for the same on  his  or  her
person  while  purchasing  or  taking  possession  of  such weapon. 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 or to  purchase
or take possession of a semiautomatic rifle 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, except as otherwise provided in paragraph (d)  of
this  subdivision,  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,  except  as otherwise provided in paragraph (d) of
this  subdivision,  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
at three 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, except as otherwise provided in paragraph
(d) of this subdivision. 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.
  (c)  A license to purchase or take possession of a semiautomatic rifle
as defined in subdivision two of this section shall  be  recertified  to
the applicable licensing officer every five years following the issuance
of  such  license.  Failure to renew such a license shall be a violation
punishable by a fine not to exceed two hundred fifty dollars,  and  such
failure  to  renew  shall  be  considered  by the licensing officer when
reviewing future license applications by the license holder pursuant  to
this chapter.
  (d)  Licenses  issued  under  paragraph (f) of subdivision two of this
section shall be recertified or renewed in the same form and  manner  as
otherwise  required  by  this  subdivision,  provided however, that such
licenses shall be recertified or renewed every three years following the
issuance of such license. For licenses issued  prior  to  the  effective
date  of  this paragraph that were issued more than three years prior to
such  date, or will expire in less than one year from such date shall be
recertified or renewed within one year of such date.
  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,  including  engaging  in
conduct  that would have resulted in the denial of a license, under this
section shall operate as or be grounds for, 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. A
license  to engage in the business of dealer may be revoked or suspended
for any violation of the provisions of  article  thirty-nine-BB  of  the
general business law. 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. The licensing
officer shall revoke any license issued in which an applicant  knowingly
made  a  material  false  statement  on  the  application.  Notice  of a
revocation under this subdivision shall be issued in writing  and  shall
include  the  basis for the determination, which shall be supported by a
preponderance  of  the  evidence.  Such  notice   shall   also   include
information  regarding the ability to appeal such decision in accordance
with subdivision four-a of this section.
  (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. In addition
to the requirements set forth in article thirty-nine-BB of  the  general
business  law,  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  or  to
purchase or take possession of a semiautomatic rifle 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 or to purchase or
take possession of a semiautomatic rifle, 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, and such licensee shall attest to the receipt of,
the  following  information and notifications: (a) the grounds for which
the license issued may be  revoked,  which  shall  include  but  not  be
limited  to  the areas and locations for which the licenses issued under
paragraph  (f)  of  subdivision  two  of  this  section  prohibits   the
possession  of  firearms,  rifles,  and  shotguns, and that a conviction
under sections 265.01-d and 265.01-e of this chapter  are  felonies  for
which licensure will be revoked;
  (b)  a  notification regarding the requirements for safe storage which
shall be in conspicuous and legible twenty-four point type on eight  and
one-half  inches  by  eleven  inches  paper  stating  in  bold print the
following:
  WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW  IN  NEW  YORK  STATE.
WHEN  STORED  IN  A  HOME  FIREARMS,  RIFLES, OR SHOTGUNS 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 UNDER THE AGE OF EIGHTEEN  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 BY REMOVING THE AMMUNITION FROM AND SECURELY
LOCKING SUCH FIREARM IN A LOCATION  SEPARATE  FROM  AMMUNITION.  LEAVING
FIREARMS  ACCESSIBLE  TO  A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT
YOU TO IMPRISONMENT, FINE, OR BOTH. WHEN STORED IN A VEHICLE OUTSIDE THE
OWNER'S IMMEDIATE POSSESSION OR CONTROL, FIREARMS, RIFLES, AND  SHOTGUNS
MUST  BE  STORED  IN  AN  APPROPRIATE SAFE STORAGE DEPOSITORY AND OUT OF
SIGHT FROM OUTSIDE OF THE VEHICLE.
  (c) any other information necessary to ensure such licensee  is  aware
of their responsibilities as a license holder.
  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.
  19.  Prior to the issuance or renewal of a license under paragraph (f)
of subdivision two of this section, issued or renewed on  or  after  the
effective  date  of  this  subdivision,  an  applicant shall complete an
in-person live firearms safety course conducted  by  a  duly  authorized
instructor  with curriculum approved by the division of criminal justice
services and  the  superintendent  of  state  police,  and  meeting  the
following requirements: (a) a minimum of sixteen hours of in-person live
curriculum approved by the division of criminal justice services and the
superintendent   of   state  police,  conducted  by  a  duly  authorized
instructor approved by the division of criminal  justice  services,  and
shall  include  but  not be limited to the following topics: (i) general
firearm safety;  (ii)  safe  storage  requirements  and  general  secure
storage   best  practices;  (iii)  state  and  federal  gun  laws;  (iv)
situational awareness; (v) conflict de-escalation; (vi)  best  practices
when   encountering  law  enforcement;  (vii)  the  statutorily  defined
sensitive places in subdivision two of section 265.01-e of this  chapter
and  the  restrictions  on possession on restricted places under section
265.01-d of this chapter; (viii) conflict management; (ix) use of deadly
force;  (x)  suicide  prevention;  and  (xi)  the  basic  principles  of
marksmanship;  and  (b)  a  minimum  of  two  hours of a live-fire range
training  course.  The  applicant  shall  be  required  to   demonstrate
proficiency  by scoring a minimum of eighty percent correct answers on a
written test for the curriculum under paragraph (a) of this  subdivision
and  the  proficiency  level  determined  by  the  rules and regulations
promulgated by  the  division  of  criminal  justice  services  and  the
superintendent  of  state  police for the live-fire range training under
paragraph  (b)  of  this  subdivision.  Upon   demonstration   of   such
proficiency,  a  certificate  of  completion  shall  be  issued  to such
applicant in the applicant's name and endorsed and  affirmed  under  the
penalties  of  perjury  by such duly authorized instructor. An applicant
required to complete the training required herein prior to renewal of  a
license  issued  prior  to  the effective date of this subdivision shall
only be required to complete such training for the first renewal of such
license after such effective date.

Lesser Included Greater Inclusory Offenses with Argument