§ 400.02 Statewide license and record database.
1. There shall be a statewide license and record database which shall
be created and maintained by the division of state police the cost of
which shall not be borne by any municipality. Records assembled or
collected for purposes of inclusion in such database shall not be
subject to disclosure pursuant to article six of the public officers
law. All records containing granted license applications from all
licensing authorities shall be monthly checked by the division of
criminal justice services in conjunction with the division of state
police against criminal conviction, criminal indictment, mental health,
extreme risk protection orders, orders of protection, and all other
records as are necessary to determine their continued accuracy as well
as whether an individual is no longer a valid license holder. The
division of criminal justice services shall also check pending
applications made pursuant to this article against such records to
determine whether a license may be granted. All state and local agencies
shall cooperate with the division of criminal justice services, as
otherwise authorized by law, in making their records available for such
checks. The division of criminal justice services, upon determining that
an individual is ineligible to possess a license, or is no longer a
valid license holder, shall notify the applicable licensing official of
such determination and such licensing official shall not issue a license
or shall revoke such license and any weapons owned or possessed by such
individual shall be removed consistent with the provisions of
subdivision eleven of section 400.00 of this article. Local and state
law enforcement shall have access to such database in the performance of
their duties. Records assembled or collected for purposes of inclusion
in the database established by this section shall be released pursuant
to a court order.
2. There shall be a statewide license and record database specific for
ammunition sales which shall be created and maintained by the division
of state police the cost of which shall not be borne by any municipality
no later than thirty days upon designating the division of state police
as the point of contact to perform both firearm and ammunition
background checks under federal and state law. Records assembled or
collected for purposes of inclusion in such database shall not be
subject to disclosure pursuant to article six of the public officers
law. All records containing granted license applications from all
licensing authorities shall be monthly checked by the division of
criminal justice services in conjunction with the division of state
police against criminal conviction, criminal indictments, mental health,
extreme risk protection orders, orders of protection, and all other
records as are necessary to determine their continued accuracy as well
as whether an individual is no longer a valid license holder. The
division of criminal justice services shall also check pending
applications made pursuant to this article against such records to
determine whether a license may be granted. All state and local agencies
shall cooperate with the division of criminal justice services, as
otherwise authorized by law, in making their records available for such
checks. No later than thirty days after the superintendent of the state
police certifies that the statewide license and record database
established pursuant to this section and the statewide license and
record database established for ammunition sales are operational for the
purposes of this section, a dealer in firearms licensed pursuant to
section 400.00 of this article, a seller of ammunition as defined in
subdivision twenty-four of section 265.00 of this chapter shall not
transfer any ammunition to any other person who is not a dealer in
firearms as defined in subdivision nine of such section 265.00 or a
seller of ammunition as defined in subdivision twenty-four of section
265.00 of this chapter, unless:
(a) before the completion of the transfer, the licensee or seller
contacts the statewide license and record database and provides the
database with information sufficient to identify such dealer or seller
transferee based on information on the transferee's identification
document as defined in paragraph (c) of this subdivision, as well as the
amount, caliber, manufacturer's name and serial number, if any, of such
ammunition;
(b) the licensee or seller is provided with a unique identification
number; and
(c) the transferor has verified the identity of the transferee by
examining a valid state identification document of the transferee issued
by the department of motor vehicles or if the transferee is not a
resident of the state of New York, a valid identification document
issued by the transferee's state or country of residence containing a
photograph of the transferee.
(As amended by L.2022 c.371 effective 09/01/22.)
NYSentencing