STATE OF NEW YORK ________________________________________________________________________ 7302 2025-2026 Regular Sessions IN SENATE April 9, 2025 ___________ Introduced by Sens. GALLIVAN, HELMING, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the recertification proc- ess for licenses for firearms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 5 and 10 of section 400.00 of the penal law, 2 subdivision 5 as amended by chapter 1 of the laws of 2013, subparagraph 3 (iii) of paragraph (e) of subdivision 5 as amended by chapter 244 of the 4 laws of 2019, and subdivision 10 as amended by chapter 371 of the laws 5 of 2022, are amended to read as follows: 6 5. Filing of approved applications. (a) The application for any 7 license, if granted, shall be filed by the licensing officer with the 8 clerk of the county of issuance, except that in the city of New York 9 and, in the counties of Nassau and Suffolk, the licensing officer shall 10 designate the place of filing in the appropriate division, bureau or 11 unit of the police department thereof, and in the county of Suffolk the 12 county clerk is hereby authorized to transfer all records or applica- 13 tions relating to firearms to the licensing authority of that county. 14 Except as provided in paragraphs (b) through [(f)] (e) of this subdivi- 15 sion, the name and address of any person to whom an application for any 16 license has been granted shall be a public record. Upon application by a 17 licensee who has changed [his] their place of residence such records or 18 applications shall be transferred to the appropriate officer at the 19 licensee's new place of residence. A duplicate copy of such application 20 shall be filed by the licensing officer in the executive department, 21 division of state police, Albany, within ten days after issuance of the 22 license. The superintendent of state police may designate that such 23 application shall be transmitted to the division of state police elec- 24 tronically. In the event the superintendent of the division of state 25 police determines that it lacks any of the records required to be filed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07407-01-5
S. 7302 2 1 with the division, it may request that such records be provided to it by 2 the appropriate clerk, department or authority and such clerk, depart- 3 ment or authority shall provide the division with such records. In the 4 event such clerk, department or authority lacks such records, the divi- 5 sion may request the license holder provide information sufficient to 6 constitute such record and such license holder shall provide the divi- 7 sion with such information. Such information shall be limited to the 8 license holder's name, date of birth, gender, race, residential address, 9 social security number and firearms possessed by said license holder. 10 Nothing in this subdivision shall be construed to change the expiration 11 date or term of such licenses if otherwise provided for in law. Records 12 assembled or collected for purposes of inclusion in the database estab- 13 lished by this section shall be released pursuant to a court order. 14 Records assembled or collected for purposes of inclusion in the database 15 created pursuant to section 400.02 of this chapter shall not be subject 16 to disclosure pursuant to article six of the public officers law. 17 (b) Each application for a license pursuant to paragraph (a) of this 18 subdivision shall include, on a separate written form prepared by the 19 division of state police within thirty days of the effective date of 20 [the] chapter one of the laws of two thousand thirteen[, which amended 21 this section,] and provided to the applicant at the same time and in the 22 same manner as the application for a license, an opportunity for the 23 applicant to request an exception from [his or her] their application 24 information becoming public record pursuant to paragraph (a) of this 25 subdivision. Such forms, which shall also be made available to individ- 26 uals who had applied for or been granted a license prior to the effec- 27 tive date of [the] chapter one of the laws of two thousand thirteen 28 [which amended this section,] shall notify applicants that, upon discov- 29 ery that an applicant knowingly provided false information, such appli- 30 cant may be subject to penalties pursuant to section 175.30 of this 31 chapter, and further, that [his or her] their request for an exception 32 shall be null and void, provided that written notice containing such 33 determination is provided to the applicant. Further, such forms shall 34 provide each applicant an opportunity to specify the grounds on which 35 [he or she] such applicant believes [his or her] their application 36 information should not be publicly disclosed. These grounds, which shall 37 be identified on the application with a box beside each for checking, as 38 applicable, by the applicant, shall be as follows: 39 (i) the applicant's life or safety may be endangered by disclosure 40 because: 41 (A) the applicant is an active or retired police officer, peace offi- 42 cer, probation officer, parole officer, or corrections officer; 43 (B) the applicant is a protected person under a currently valid order 44 of protection; 45 (C) the applicant is or was a witness in a criminal proceeding involv- 46 ing a criminal charge; 47 (D) the applicant is participating or previously participated as a 48 juror in a criminal proceeding, or is or was a member of a grand jury; 49 or 50 (E) the applicant is a spouse, domestic partner or household member of 51 a person identified in this subparagraph or subparagraph (ii) of this 52 paragraph, specifying which subparagraph or subparagraphs and clauses 53 apply. 54 (ii) the applicant has reason to believe [his or her] their life or 55 safety may be endangered by disclosure due to reasons stated by the 56 applicant.
S. 7302 3 1 (iii) the applicant has reason to believe [he or she] they may be 2 subject to unwarranted harassment upon disclosure of such information. 3 (c) [Each form provided for recertification pursuant to paragraph (b) 4 of subdivision ten of this section shall include an opportunity for the 5 applicant to request an exception from the information provided on such 6 form becoming public record pursuant to paragraph (a) of this subdivi- 7 sion. Such forms shall notify applicants that, upon discovery that an 8 applicant knowingly provided false information, such applicant may be 9 subject to penalties pursuant to section 175.30 of this chapter, and 10 further, that his or her request for an exception shall be null and 11 void, provided that written notice containing such determination is 12 provided to the applicant. Further, such forms shall provide each appli- 13 cant an opportunity to either decline to request the grant or continua- 14 tion of an exception, or specify the grounds on which he or she believes 15 his or her information should not be publicly disclosed. These grounds, 16 which shall be identified in the application with a box beside each for 17 checking, as applicable, by the applicant, shall be the same as provided 18 in paragraph (b) of this subdivision. 19 (d)] Information submitted on the forms described in paragraph (b) of 20 this subdivision shall be excepted from disclosure and maintained by the 21 entity retaining such information separate and apart from all other 22 records. 23 [(e)] (d) (i) Upon receiving a request for exception from disclosure, 24 the licensing officer shall grant such exception, unless the request is 25 determined to be null and void, pursuant to paragraph (b) [or (c)] of 26 this subdivision. 27 (ii) A request for an exception from disclosure may be submitted at 28 any time, including after a license or recertification has been granted. 29 (iii) If an exception is sought and granted pursuant to paragraph (b) 30 of this subdivision, the application information shall not be public 31 record, unless the request is determined to be null and void. [If an 32 exception is sought and granted pursuant to paragraph (c) of this subdi- 33 vision, the information concerning such recertification application 34 shall not be public record, unless the request is determined to be null 35 and void.] Notwithstanding the foregoing provisions of this subpara- 36 graph, local and state law enforcement shall, upon request, be granted 37 access to and copies of such application information provided that such 38 information obtained by law enforcement pursuant to this subparagraph 39 shall not be considered a public record of such law enforcement agency. 40 [(f)] (e) The information of licensees or applicants for a license 41 shall not be disclosed to the public during the first one hundred twenty 42 days following the effective date of [the] chapter one of the laws of 43 two thousand thirteen[, which amended this section]. After such period, 44 the information of those who had applied for or been granted a license 45 prior to the preparation of the form for requesting an exception, pursu- 46 ant to paragraph (b) of this subdivision, may be released only if such 47 individuals did not file a request for such an exception during the 48 first sixty days following such preparation; provided, however, that no 49 information contained in an application for licensure or recertification 50 shall be disclosed by an entity that has not completed processing any 51 such requests received during such sixty days. 52 [(g)] (f) If a request for an exception is determined to be null and 53 void pursuant to paragraph (b) [or (c)] of this subdivision, an appli- 54 cant may request review of such determination pursuant to article seven- 55 ty-eight of the civil practice [laws] law and rules. Such proceeding 56 must commence within thirty days after service of the written notice
S. 7302 4 1 containing the adverse determination. Notice of the right to commence 2 such a petition, and the time period therefor, shall be included in the 3 notice of the determination. Disclosure following such a petition shall 4 not be made prior to the disposition of such review. 5 10. License: expiration, certification and renewal. [(a)] Any license 6 for gunsmith or dealer in firearms and, in the city of New York, any 7 license to carry or possess a pistol or revolver, issued at any time 8 pursuant to this section or prior to the first day of July, nineteen 9 hundred sixty-three and not limited to expire on an earlier date fixed 10 in the license, shall, except as otherwise provided in paragraph (d) of 11 this subdivision, expire not more than three years after the date of 12 issuance. In the counties of Nassau, Suffolk and Westchester, any 13 license to carry or possess a pistol or revolver, issued at any time 14 pursuant to this section or prior to the first day of July, nineteen 15 hundred sixty-three and not limited to expire on an earlier date fixed 16 in the license, shall expire not more than five years after the date of 17 issuance; however, in the county of Westchester, any such license shall 18 be certified prior to the first day of April, two thousand, in accord- 19 ance with a schedule to be contained in regulations promulgated by the 20 commissioner of the division of criminal justice services, and every 21 such license shall, except as otherwise provided in paragraph (d) of 22 this subdivision, be recertified every five years thereafter. For 23 purposes of this section certification shall mean that the licensee 24 shall provide to the licensing officer the following information only: 25 current name, date of birth, current address, and the make, model, cali- 26 ber and serial number of all firearms currently possessed. Such certif- 27 ication information shall be filed by the licensing officer in the same 28 manner as an amendment. Elsewhere than in the city of New York and the 29 counties of Nassau, Suffolk and Westchester, any license to carry or 30 possess a pistol or revolver, issued at any time pursuant to this 31 section or prior to the first day of July, nineteen hundred sixty-three 32 and not previously revoked or cancelled, shall be in force and effect 33 until revoked as herein provided. Any license not previously cancelled 34 or revoked shall remain in full force and effect for thirty days beyond 35 the stated expiration date on such license. Any application to renew a 36 license that has not previously expired, been revoked or cancelled shall 37 thereby extend the term of the license until disposition of the applica- 38 tion by the licensing officer. In the case of a license for gunsmith or 39 dealer in firearms, in counties having a population of less than two 40 hundred thousand inhabitants, photographs and fingerprints shall be 41 submitted on original applications and upon renewal thereafter at three 42 year intervals. Upon satisfactory proof that a currently valid original 43 license has been despoiled, lost or otherwise removed from the 44 possession of the licensee and upon application containing an additional 45 photograph of the licensee, the licensing officer shall issue a dupli- 46 cate license. 47 [(b) All licensees shall be recertified to the division of state 48 police every five years thereafter, except as otherwise provided in 49 paragraph (d) of this subdivision. Any license issued before the effec- 50 tive date of the chapter of the laws of two thousand thirteen which 51 added this paragraph shall be recertified by the licensee on or before 52 January thirty-first, two thousand eighteen, and not less than one year 53 prior to such date, the state police shall send a notice to all license 54 holders who have not recertified by such time. Such recertification 55 shall be in a form as approved by the superintendent of state police, 56 which shall request the license holder's name, date of birth, gender,
S. 7302 5 1 race, residential address, social security number, firearms possessed by 2 such license holder, email address at the option of the license holder 3 and an affirmation that such license holder is not prohibited from 4 possessing firearms. The form may be in an electronic form if so desig- 5 nated by the superintendent of state police. Failure to recertify shall 6 act as a revocation of such license. If the New York state police 7 discover as a result of the recertification process that a licensee 8 failed to provide a change of address, the New York state police shall 9 not require the licensing officer to revoke such license. 10 (c) A license to purchase or take possession of a semiautomatic rifle 11 as defined in subdivision two of this section shall be recertified to 12 the applicable licensing officer every five years following the issuance 13 of such license. Failure to renew such a license shall be a violation 14 punishable by a fine not to exceed two hundred fifty dollars, and such 15 failure to renew shall be considered by the licensing officer when 16 reviewing future license applications by the license holder pursuant to 17 this chapter. 18 (d) Licenses issued under paragraph (f) of subdivision two of this 19 section shall be recertified or renewed in the same form and manner as 20 otherwise required by this subdivision, provided however, that such 21 licenses shall be recertified or renewed every three years following the 22 issuance of such license. For licenses issued prior to the effective 23 date of this paragraph that were issued more than three years prior to 24 such date, or will expire in less than one year from such date shall be 25 recertified or renewed within one year of such date.] 26 § 2. This act shall take effect immediately.