Article 400 – NY Penal Law
LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS
400.00 Licenses to carry, possess, repair and dispose of firearms.
400.01 License to carry and possess firearms for retired sworn
members of the division of state police.
400.02 Statewide license and record database. Effective Date: 01/15/2014
400.03 Sellers of ammunition. Effective Date: 01/15/2014
400.05 Disposition of weapons and dangerous instruments,
appliances and substances.
400.10 Report of theft or loss of a firearm, rifle or shotgun.
S 400.00 Licenses to carry, possess, repair and dispose of firearms.
* 1. Eligibility. No license shall be issued or renewed pursuant to
this section except by the licensing officer, and then only after
investigation and finding that all statements in a proper application
for a license are true. No license shall be issued or renewed except for
an applicant (a) twenty-one years of age or older, provided, however,
that where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who has stated whether he
or she has ever suffered any mental illness or been confined to any
hospital or institution, public or private, for mental illness; (e) 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; (f) 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; and (g) 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.
* NB Effective until January 15, 2014
* 1. Eligibility. No license shall be issued or renewed pursuant to
this section except by the licensing officer, and then only after
investigation and finding that all statements in a proper application
for a license are true. No license shall be issued or renewed except for
an applicant (a) twenty-one years of age or older, provided, however,
that where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user of or addicted to any
controlled substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States under a nonimmigrant visa
subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her
citizenship; (i) who has stated whether he or she has ever suffered any
mental illness; (j) who has not been involuntarily committed to a
facility under the jurisdiction of an office of the department of mental
hygiene pursuant to article nine or fifteen of the mental hygiene law,
article seven hundred thirty or section 330.20 of the criminal procedure
law, section four hundred two or five hundred eight of the correction
law, section 322.2 or 353.4 of the family court act, or has not been
civilly confined in a secure treatment facility pursuant to article ten
of the mental hygiene law; (k) who has not had a license revoked or who
is not under a suspension or ineligibility order issued pursuant to the
provisions of section 530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act; (l) in the county of
Westchester, who has successfully completed a firearms safety course and
test as evidenced by a certificate of completion issued in his or her
name and endorsed and affirmed under the penalties of perjury by a duly
authorized instructor, except that: (i) persons who are honorably
discharged from the United States army, navy, marine corps or coast
guard, or of the national guard of the state of New York, and produce
evidence of official qualification in firearms during the term of
service are not required to have completed those hours of a firearms
safety course pertaining to the safe use, carrying, possession,
maintenance and storage of a firearm; and (ii) persons who were licensed
to possess a pistol or revolver prior to the effective date of this
paragraph are not required to have completed a firearms safety course
and test; (m) who has not had a guardian appointed for him or her
pursuant to any provision of state law, based on a determination that as
a result of marked subnormal intelligence, mental illness, incapacity,
condition or disease, he or she lacks the mental capacity to contract or
manage his or her own affairs; and (n) concerning whom no good cause
exists for the denial of the license. No person shall engage in the
business of gunsmith or dealer in firearms unless licensed pursuant to
this section. An applicant to engage in such business shall also be a
citizen of the United States, more than twenty-one years of age and
maintain a place of business in the city or county where the license is
issued. For such business, if the applicant is a firm or partnership,
each member thereof shall comply with all of the requirements set forth
in this subdivision and if the applicant is a corporation, each officer
thereof shall so comply.
* NB Effective January 15, 2014
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 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 is a citizen of the United States, whether or
not he 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 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.
* NB Effective until January 15, 2014
* (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.
* NB Effective January 15, 2014
(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. For that purpose, the records of the appropriate
office of the department of mental hygiene concerning previous or
present mental illness of the applicant shall be available for
inspection by the investigating officer of the police authority. In
order to ascertain any previous criminal record, the investigating
officer shall take the fingerprints and physical descriptive data in
quadruplicate of each individual by whom the application is signed and
verified. Two copies of such fingerprints shall be taken on standard
fingerprint cards eight inches square, and one copy may be taken on a
card supplied for that purpose by the federal bureau of investigation;
provided, however, that in the case of a corporate applicant that has
already been issued a dealer in firearms license and seeks to operate a
firearm dealership at a second or subsequent location, the original
fingerprints on file may be used to ascertain any criminal record in the
second or subsequent application unless any of the corporate officers
have changed since the prior application, in which case the new
corporate officer shall comply with procedures governing an initial
application for such license. When completed, one standard card shall be
forwarded to and retained by the division of criminal justice services
in the executive department, at Albany. A search of the files of such
division and written notification of the results of the search to the
investigating officer shall be made without unnecessary delay.
Thereafter, such division shall notify the licensing officer and the
executive department, division of state police, Albany, of any criminal
record of the applicant filed therein subsequent to the search of its
files. A second standard card, or the one supplied by the federal bureau
of investigation, as the case may be, shall be forwarded to that bureau
at Washington with a request that the files of the bureau be searched
and notification of the results of the search be made to the
investigating police authority. The failure or refusal of the federal
bureau of investigation to make the fingerprint check provided for in
this section shall not constitute the sole basis for refusal to issue a
permit pursuant to the provisions of this section. Of the remaining two
fingerprint cards, one shall be filed with the executive department,
division of state police, Albany, within ten days after issuance of the
license, and the other remain on file with the investigating police
authority. No such fingerprints may be inspected by any person other
than a peace officer, who is acting pursuant to his special duties, or a
police officer, except on order of a judge or justice of a court of
record either upon notice to the licensee or without notice, as the
judge or justice may deem appropriate. Upon completion of the
investigation, the police authority shall report the results to the
licensing officer without unnecessary delay.
* NB Effective until January 15, 2014
* 4. Investigation. Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such
application is made, including but not limited to such records as may be
accessible to the division of state police or division of criminal
justice services pursuant to section 400.02 of this article. For that
purpose, the records of the appropriate office of the department of
mental hygiene concerning previous or present mental illness of the
applicant shall be available for inspection by the investigating officer
of the police authority. In order to ascertain any previous criminal
record, the investigating officer shall take the fingerprints and
physical descriptive data in quadruplicate of each individual by whom
the application is signed and verified. Two copies of such fingerprints
shall be taken on standard fingerprint cards eight inches square, and
one copy may be taken on a card supplied for that purpose by the federal
bureau of investigation; provided, however, that in the case of a
corporate applicant that has already been issued a dealer in firearms
license and seeks to operate a firearm dealership at a second or
subsequent location, the original fingerprints on file may be used to
ascertain any criminal record in the second or subsequent application
unless any of the corporate officers have changed since the prior
application, in which case the new corporate officer shall comply with
procedures governing an initial application for such license. When
completed, one standard card shall be forwarded to and retained by the
division of criminal justice services in the executive department, at
Albany. A search of the files of such division and written notification
of the results of the search to the investigating officer shall be made
without unnecessary delay. Thereafter, such division shall notify the
licensing officer and the executive department, division of state
police, Albany, of any criminal record of the applicant filed therein
subsequent to the search of its files. A second standard card, or the
one supplied by the federal bureau of investigation, as the case may be,
shall be forwarded to that bureau at Washington with a request that the
files of the bureau be searched and notification of the results of the
search be made to the investigating police authority. Of the remaining
two fingerprint cards, one shall be filed with the executive department,
division of state police, Albany, within ten days after issuance of the
license, and the other remain on file with the investigating police
authority. No such fingerprints may be inspected by any person other
than a peace officer, who is acting pursuant to his special duties, or a
police officer, except on order of a judge or justice of a court of
record either upon notice to the licensee or without notice, as the
judge or justice may deem appropriate. Upon completion of the
investigation, the police authority shall report the results to the
licensing officer without unnecessary delay.
* NB Effective January 15, 2014
4-a. Processing of license applications. Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. In acting upon an application, the
licensing officer shall either deny the application for reasons
specifically and concisely stated in writing or grant the application
and issue the license applied for.
4-b. Westchester county firearms safety course certificate. In the
county of Westchester, at the time of application, the licensing officer
to which the license application is made shall provide a copy of the
safety course booklet to each license applicant. Before such license is
issued, such licensing officer shall require that the applicant submit a
certificate of successful completion of a firearms safety course and
test issued in his or her name and endorsed and affirmed under the
penalties of perjury by a duly authorized instructor.
5. Filing of approved applications. (a) The application for any
license, if granted, shall be filed by the licensing officer with the
clerk of the county of issuance, except that in the city of New York
and, in the counties of Nassau and Suffolk, the licensing officer shall
designate the place of filing in the appropriate division, bureau or
unit of the police department thereof, and in the county of Suffolk the
county clerk is hereby authorized to transfer all records or
applications relating to firearms to the licensing authority of that
county. Except as provided in paragraphs (b) through (f) of this
subdivision, the name and address of any person to whom an application
for any license has been granted shall be a public record. Upon
application by a licensee who has changed his place of residence such
records or applications shall be transferred to the appropriate officer
at the licensee's new place of residence. A duplicate copy of such
application shall be filed by the licensing officer in the executive
department, division of state police, Albany, within ten days after
issuance of the license. The superintendent of state police may
designate that such application shall be transmitted to the division of
state police electronically. In the event the superintendent of the
division of state police determines that it lacks any of the records
required to be filed with the division, it may request that such records
be provided to it by the appropriate clerk, department or authority and
such clerk, department or authority shall provide the division with such
records. In the event such clerk, department or authority lacks such
records, the division may request the license holder provide information
sufficient to constitute such record and such license holder shall
provide the division with such information. Such information shall be
limited to the license holder's name, date of birth, gender, race,
residential address, social security number and firearms possessed by
said license holder. Nothing in this subdivision shall be construed to
change the expiration date or term of such licenses if otherwise
provided for in law. Records assembled or collected for purposes of
inclusion in the database established by this section shall be released
pursuant to a court order. Records assembled or collected for purposes
of inclusion in the database created pursuant to section 400.02 of this
chapter shall not be subject to disclosure pursuant to article six of
the public officers law.
(b) Each application for a license pursuant to paragraph (a) of this
subdivision shall include, on a separate written form prepared by the
division of state police within thirty days of the effective date of the
chapter of the laws of two thousand thirteen, which amended this
section, and provided to the applicant at the same time and in the same
manner as the application for a license, an opportunity for the
applicant to request an exception from his or her application
information becoming public record pursuant to paragraph (a) of this
subdivision. Such forms, which shall also be made available to
individuals who had applied for or been granted a license prior to the
effective date of the chapter of the laws of two thousand thirteen which
amended this section, shall notify applicants that, upon discovery that
an applicant knowingly provided false information, such applicant may be
subject to penalties pursuant to section 175.30 of this chapter, and
further, that his or her request for an exception shall be null and
void, provided that written notice containing such determination is
provided to the applicant. Further, such forms shall provide each
applicant an opportunity to specify the grounds on which he or she
believes his or her application information should not be publicly
disclosed. These grounds, which shall be identified on the application
with a box beside each for checking, as applicable, by the applicant,
shall be as follows:
(i) the applicant's life or safety may be endangered by disclosure
because:
(A) the applicant is an active or retired police officer, peace
officer, probation officer, parole officer, or corrections officer;
(B) the applicant is a protected person under a currently valid order
of protection;
(C) the applicant is or was a witness in a criminal proceeding
involving a criminal charge;
(D) the applicant is participating or previously participated as a
juror in a criminal proceeding, or is or was a member of a grand jury;
or
(E) the applicant is a spouse, domestic partner or household member of
a person identified in this subparagraph or subparagraph (ii) of this
paragraph, specifying which subparagraph or subparagraphs and clauses
apply.
(ii) the applicant has reason to believe his or her life or safety may
be endangered by disclosure due to reasons stated by the applicant.
(iii) the applicant has reason to believe he or she may be subject to
unwarranted harassment upon disclosure of such information.
(c) Each form provided for recertification pursuant to paragraph (b)
of subdivision ten of this section shall include an opportunity for the
applicant to request an exception from the information provided on such
form becoming public record pursuant to paragraph (a) of this
subdivision. Such forms shall notify applicants that, upon discovery
that an applicant knowingly provided false information, such applicant
may be subject to penalties pursuant to section 175.30 of this chapter,
and further, that his or her request for an exception shall be null and
void, provided that written notice containing such determination is
provided to the applicant. Further, such forms shall provide each
applicant an opportunity to either decline to request the grant or
continuation of an exception, or specify the grounds on which he or she
believes his or her information should not be publicly disclosed. These
grounds, which shall be identified in the application with a box beside
each for checking, as applicable, by the applicant, shall be the same as
provided in paragraph (b) of this subdivision.
(d) Information submitted on the forms described in paragraph (b) of
this subdivision shall be excepted from disclosure and maintained by the
entity retaining such information separate and apart from all other
records.
(e) (i) Upon receiving a request for exception from disclosure, the
licensing officer shall grant such exception, unless the request is
determined to be null and void, pursuant to paragraph (b) or (c) of this
subdivision.
(ii) A request for an exception from disclosure may be submitted at
any time, including after a license or recertification has been granted.
(iii) If an exception is sought and granted pursuant to paragraph (b)
of this subdivision, the application information shall not be public
record, unless the request is determined to be null and void. If an
exception is sought and granted pursuant to paragraph (c) of this
subdivision, the information concerning such recertification application
shall not be public record, unless the request is determined to be null
and void.
(f) The information of licensees or applicants for a license shall not
be disclosed to the public during the first one hundred twenty days
following the effective date of the chapter of the laws of two thousand
thirteen, which amended this section. After such period, the information
of those who had applied for or been granted a license prior to the
preparation of the form for requesting an exception, pursuant to
paragraph (b) of this subdivision, may be released only if such
individuals did not file a request for such an exception during the
first sixty days following such preparation; provided, however, that no
information contained in an application for licensure or recertification
shall be disclosed by an entity that has not completed processing any
such requests received during such sixty days.
(g) If a request for an exception is determined to be null and void
pursuant to paragraph (b) or (c) of this subdivision, an applicant may
request review of such determination pursuant to article seventy-eight
of the civil practice laws and rules. Such proceeding must commence
within thirty days after service of the written notice containing the
adverse determination. Notice of the right to commence such a petition,
and the time period therefor, shall be included in the notice of the
determination. Disclosure following such a petition shall not be made
prior to the disposition of such review.
6. License: validity. Any license issued pursuant to this section
shall be valid notwithstanding the provisions of any local law or
ordinance. No license shall be transferable to any other person or
premises. A license to carry or possess a pistol or revolver, not
otherwise limited as to place or time of possession, shall be effective
throughout the state, except that the same shall not be valid within the
city of New York unless a special permit granting validity is issued by
the police commissioner of that city. Such license to carry or possess
shall be valid within the city of New York in the absence of a permit
issued by the police commissioner of that city, provided that (a) the
firearms covered by such license have been purchased from a licensed
dealer within the city of New York and are being transported out of said
city forthwith and immediately from said dealer by the licensee in a
locked container during a continuous and uninterrupted trip; or provided
that (b) the firearms covered by such license are being transported by
the licensee in a locked container and the trip through the city of New
York is continuous and uninterrupted; or provided that (c) the firearms
covered by such license are carried by armored car security guards
transporting money or other valuables, in, to, or from motor vehicles
commonly known as armored cars, during the course of their employment;
or provided that (d) the licensee is a retired police officer as police
officer is defined pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law or a retired federal law enforcement
officer, as defined in section 2.15 of the criminal procedure law, who
has been issued a license by an authorized licensing officer as defined
in subdivision ten of section 265.00 of this chapter; provided, further,
however, that if such license was not issued in the city of New York it
must be marked "Retired Police Officer" or "Retired Federal Law
Enforcement Officer", as the case may be, and, in the case of a retired
officer the license shall be deemed to permit only police or federal law
enforcement regulations weapons; or provided that (e) the licensee is a
peace officer described in subdivision four of section 2.10 of the
criminal procedure law and the license, if issued by other than the city
of New York, is marked "New York State Tax Department Peace Officer" and
in such case the exemption shall apply only to the firearm issued to
such licensee by the department of taxation and finance. A license as
gunsmith or dealer in firearms shall not be valid outside the city or
county, as the case may be, where issued.
7. License: form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form by the
superintendent of state police. A license to carry or possess a pistol
or revolver shall have attached the licensee's photograph, and a coupon
which shall be removed and retained by any person disposing of a firearm
to the licensee. Such license shall specify the weapon covered by
calibre, make, model, manufacturer's name and serial number, or if none,
by any other distinguishing number or identification mark, and shall
indicate whether issued to carry on the person or possess on the
premises, and if on the premises shall also specify the place where the
licensee shall possess the same. If such license is issued to an alien,
or to a person not a citizen of and usually a resident in the state, the
licensing officer shall state in the license the particular reason for
the issuance and the names of the persons certifying to the good
character of the applicant. Any license as gunsmith or dealer in
firearms shall mention and describe the premises for which it is issued
and shall be valid only for such premises.
8. License: exhibition and display. Every licensee while carrying a
pistol or revolver shall have on his or her person a license to carry
the same. Every person licensed to possess a pistol or revolver on
particular premises shall have the license for the same on such
premises. Upon demand, the license shall be exhibited for inspection to
any peace officer, who is acting pursuant to his or her special duties,
or police officer. A license as gunsmith or dealer in firearms shall be
prominently displayed on the licensed premises. A gunsmith or dealer of
firearms may conduct business temporarily at a location other than the
location specified on the license if such temporary location is the
location for a gun show or event sponsored by any national, state, or
local organization, or any affiliate of any such organization devoted to
the collection, competitive use or other sporting use of firearms. Any
sale or transfer at a gun show must also comply with the provisions of
article thirty-nine-DD of the general business law. Records of receipt
and disposition of firearms transactions conducted at such temporary
location shall include the location of the sale or other disposition and
shall be entered in the permanent records of the gunsmith or dealer of
firearms and retained on the location specified on the license. Nothing
in this section shall authorize any licensee to conduct business from
any motorized or towed vehicle. A separate fee shall not be required of
a licensee with respect to business conducted under this subdivision.
Any inspection or examination of inventory or records under this section
at such temporary location shall be limited to inventory consisting of,
or records related to, firearms held or disposed at such temporary
locations. Failure of any licensee to so exhibit or display his or her
license, as the case may be, shall be presumptive evidence that he or
she is not duly licensed.
* 9. License: amendment. Elsewhere than in the city of New York, a
person licensed to carry or possess a pistol or revolver may apply at
any time to his licensing officer for amendment of his 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. 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 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, give notice in writing of such
change to the executive department, division of state police, at Albany.
* NB Effective until January 15, 2014
* 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.
* NB Effective January 15, 2014
* 10. License: expiration, certification and renewal. 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.
* NB Effective until January 15, 2014
* 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.
* NB Effective January 15, 2014
* 11. License: revocation and suspension. The conviction of a licensee
anywhere of a felony or serious offense 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.
* NB Effective until January 15, 2014
* 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.
* NB Effective January 15, 2014
* 12. Records required of gunsmiths and dealers in firearms. Any
person licensed as gunsmith or dealer in firearms shall keep a record
book approved as to form, except in the city of New York, by the
superintendent of state police. In the record book shall be entered at
the time of every transaction involving a firearm the date, name, age,
occupation and residence of any person from whom a firearm is received
or to whom a firearm is delivered, and the calibre, make, model,
manufacturer's name and serial number, or if none, any other
distinguishing number or identification mark on such firearm. Before
delivering a firearm to any person, the licensee shall require him to
produce either a license valid under this section to carry or possess
the same, or proof of lawful authority as an exempt person pursuant to
section 265.20. In addition, before delivering a firearm to a peace
officer, the licensee shall verify that person's status as a peace
officer with the division of state police. After completing the
foregoing, the licensee shall remove and retain the attached coupon and
enter in the record book the date of such license, number, if any, and
name of the licensing officer, in the case of the holder of a license to
carry or possess, or the shield or other number, if any, assignment and
department, unit or agency, in the case of an exempt person. The
original transaction report shall be forwarded to the division of state
police within ten days of delivering a firearm to any person, and a
duplicate copy shall be kept by the licensee. The 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.
* NB Effective until January 15, 2014
* 12. Records required of gunsmiths and dealers in firearms. Any
person licensed as gunsmith or dealer in firearms shall keep a record
book approved as to form, except in the city of New York, by the
superintendent of state police. In the record book shall be entered at
the time of every transaction involving a firearm the date, name, age,
occupation and residence of any person from whom a firearm is received
or to whom a firearm is delivered, and the calibre, make, model,
manufacturer's name and serial number, or if none, any other
distinguishing number or identification mark on such firearm. Before
delivering a firearm to any person, the licensee shall require him to
produce either a license valid under this section to carry or possess
the same, or proof of lawful authority as an exempt person pursuant to
section 265.20. In addition, before delivering a firearm to a peace
officer, the licensee shall verify that person's status as a peace
officer with the division of state police. After completing the
foregoing, the licensee shall remove and retain the attached coupon and
enter in the record book the date of such license, number, if any, and
name of the licensing officer, in the case of the holder of a license to
carry or possess, or the shield or other number, if any, assignment and
department, unit or agency, in the case of an exempt person. The
original transaction report shall be forwarded to the division of state
police within ten days of delivering a firearm to any person, and a
duplicate copy shall be kept by the licensee. The superintendent of
state police may designate that such record shall be completed and
transmitted in electronic form. A dealer may be granted a waiver from
transmitting such records in electronic form if the superintendent
determines that such dealer is incapable of such transmission due to
technological limitations that are not reasonably within the control of
the dealer, or other exceptional circumstances demonstrated by the
dealer, pursuant to a process established in regulation, and at the
discretion of the superintendent. Records assembled or collected for
purposes of inclusion in the database created pursuant to section 400.02
of this article shall not be subject to disclosure pursuant to article
six of the public officers law. The record book shall be maintained on
the premises mentioned and described in the license and shall be open at
all reasonable hours for inspection by any peace officer, acting
pursuant to his special duties, or police officer. In the event of
cancellation or revocation of the license for gunsmith or dealer in
firearms, or discontinuance of business by a licensee, such record book
shall be immediately surrendered to the licensing officer in the city of
New York, and in the counties of Nassau and Suffolk, and elsewhere in
the state to the executive department, division of state police.
* NB Effective January 15, 2014
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.
* NB Effective until January 15, 2014
* 15. Any violation by any person of any provision of this section is
a class A misdemeanor.
* NB Effective January 15, 2014
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.
(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.
* NB Effective January 15, 2014
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.
S 400.01 License to carry and possess firearms for retired sworn members
of the division of state police.
1. A license to carry or possess a firearm for a retired sworn member
of the division of state police shall be granted in the same manner and
upon the same terms and conditions as licenses issued under section
400.00 of this article provided, however, that applications for such
license shall be made to, and the licensing officer shall be, the
superintendent of state police.
2. For purposes of this section, a "retired sworn member of the
division of state police" shall mean a former sworn member of the
division of state police, who upon separation from the division of state
police was immediately entitled to receive retirement benefits under the
provisions of the retirement and social security law.
3. The provisions of this section shall only apply to license
applications made or renewals which must be made on or after the
effective date of this section. A license to carry or possess a pistol
or revolver issued pursuant to the provisions of section 400.00 of this
article to a person covered by the provisions of this section shall be
valid until such license would have expired pursuant to the provisions
of section 400.00 of this article; provided that, on or after the
effective date of this section, an application or renewal of such
license shall be made pursuant to the provisions of this section.
4. Except for the designation of the superintendent of state police as
the licensing officer for retired sworn members of the division of state
police, all of the provisions and requirements of section 400.00 of this
article and any other provision of law shall be applicable to
individuals licensed pursuant to this section. In addition all
provisions of section 400.00 of this article, except for the designation
of the superintendent of state police as licensing officer are hereby
deemed applicable to individuals licensed pursuant to this section.
* S 400.02 Statewide license and record database
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. Records
containing granted license applications shall be periodically checked by
the division of criminal justice services against criminal conviction,
mental health, 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
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 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, as otherwise
authorized by law, 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.
* NB Effective January 15, 2014
* S 400.03 Sellers of ammunition
1. A seller of ammunition as defined in subdivision twenty-four of
section 265.00 of this chapter shall register with the superintendent of
state police in a manner provided by the superintendent. Any dealer in
firearms that is validly licensed pursuant to section 400.00 of this
article shall not be required to complete such registration.
2. Any seller of ammunition or dealer in firearms shall keep a record
book approved as to form by the superintendent of state police. In the
record book shall be entered at the time of every transaction involving
ammunition the date, name, age, occupation and residence of any person
from whom ammunition is received or to whom ammunition is delivered, and
the amount, calibre, manufacturer's name and serial number, or if none,
any other distinguishing number or identification mark on such
ammunition. 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 or her special duties, or police officer. Any record produced
pursuant to this section and any transmission thereof to any government
agency shall not be considered a public record for purposes of article
six of the public officers law.
3. No later than thirty days after the superintendent of the state
police certifies that the statewide license and record database
established pursuant to section 400.02 of this article is 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, calibre, manufacturer's name and serial number, if any, of such
ammunition;
(b) the system provides the licensee or seller 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.
4. If the database determines that the purchaser of ammunition is
eligible to possess ammunition pursuant to state and federal laws, the
system shall:
(a) assign a unique identification number to the transfer; and
(b) provide the licensee or seller with the number.
5. If the statewide license and record database notifies the licensee
or seller that the information available to the database does not
demonstrate that the receipt of ammunition by such other person would
violate 18 U.S.C. 922(g) or state law, and the licensee transfers
ammunition to such other person, the licensee shall indicate to the
database that such transaction has been completed at which point a
record of such transaction shall be created which shall be accessible by
the division of state police and maintained for no longer than one year
from point of purchase, which shall not be incorporated into the
database established pursuant to section 400.02 of this article or the
registry established pursuant to subdivision sixteen-a of section 400.00
of this article. The division of state police may share such information
with a local law enforcement agency. Evidence of the purchase of
ammunition is not sufficient to establish probable cause to believe that
the purchaser has committed a crime absent other information tending to
prove the commission of a crime. Records assembled or accessed pursuant
to this section shall not be subject to disclosure pursuant to article
six of the public officers law. This requirement of this section shall
not apply (i) if a background check cannot be completed because the
system is not operational as determined by the superintendent of state
police, or where it cannot be accessed by the practitioner due to a
temporary technological or electrical failure, as set forth in
regulation, or (ii) a dealer or seller has been granted a waiver from
conducting such background check if the superintendent of state police
determines that such dealer is incapable of such check 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 such superintendent.
6. If the superintendent of state police certifies that background
checks of ammunition purchasers may be conducted through the national
instant criminal background check system, use of that system by a dealer
or seller shall be sufficient to satisfy subdivisions four and five of
this section and such checks shall be conducted through such system,
provided that a record of such transaction shall be forwarded to the
state police in a form determined by the superintendent.
7. No commercial transfer of ammunition shall take place unless a
licensed dealer in firearms or registered seller of ammunition acts as
an intermediary between the transferor and the ultimate transferee of
the ammunition for the purposes of contacting the statewide license and
record database pursuant to this section. Such transfer between the
dealer or seller, and transferee must occur in person.
8. A seller of ammunition who fails to register pursuant to this
section and sells ammunition, for a first offense, shall be guilty of a
violation and subject to the fine of one thousand dollars and for a
second offense, shall be guilty of a class A misdemeanor.
A seller of ammunition that fails to keep any record required pursuant
to this section, for a first offense shall be guilty of a violation and
subject to a fine of five hundred dollars, and for a second offense
shall be guilty of a class B misdemeanor, and the registration of such
seller shall be revoked.
* NB Effective January 15, 2014
S 400.05 Disposition of weapons and dangerous instruments,
appliances and substances.
1. Any weapon, instrument, appliance or substance specified in article
two hundred sixty-five, when unlawfully possessed, manufactured,
transported or disposed of, or when utilized in the commission of an
offense, is hereby declared a nuisance. When the same shall come into
the possession of any police officer or peace officer, it shall be
surrendered immediately to the official mentioned in paragraph (f) of
subdivision one of section 65.20, except that such weapon, instrument,
appliance or substance coming into the possession of the state police
shall be surrendered to the superintendent of state police.
2. The official to whom the weapon, instrument, appliance or substance
which has subsequently been declared a nuisance pursuant to subdivision
one of this section is so surrendered shall, at any time but at least
once each year, destroy the same or cause it to be destroyed, or render
the same or cause it to be rendered ineffective and useless for its
intended purpose and harmless to human life.
3. Notwithstanding subdivision two of this section, the official to
whom the weapon, instrument, appliance or substance is so surrendered
shall not destroy the same if (a) a judge or justice of a court of
record, or a district attorney, shall file with the official a
certificate that the non-destruction thereof is necessary or proper to
serve the ends of justice; or (b) the official directs that the same be
retained in any laboratory conducted by any police or sheriff`s
department for the purpose of research, comparison, identification or
other endeavor toward the prevention and detection of crime.
4. In the case of any machine-gun or firearm taken from the possession
of any person, the official to whom such weapon is surrendered pursuant
to subdivision one of this section shall immediately notify the
executive department, division of state police, Albany, giving the
caliber, make, model, manufacturer`s name and serial number, or if none,
any other distinguishing number or identification mark. A search of the
files of such division and notification of the results of the search to
such official shall immediately be made.
5. Before any machine-gun or firearm is destroyed pursuant to
subdivision two of this section, (a) the official to whom the same has
been surrendered shall forward to the executive department, division of
state police, Albany, a notice of intent to destroy and the calibre,
make, model, manufacturer`s name and serial number, or if none, any
other distinguishing number or identification mark of the machine-gun or
firearm; (b) such division shall make and keep a record of such
description together with the name and address of the official reporting
the same and the date such notice was received; and (c) a search of the
files of such division and notification of the results of the search to
such official shall be made without unnecessary delay.
6. A firearm or other weapon which is surrendered, or is otherwise
voluntarily delivered pursuant to section 265.20 of this chapter and
which has not been declared a nuisance pursuant to subdivision one of
this section, shall be retained by the official to whom it was delivered
for a period not to exceed one year. Prior to the expiration of such
time period, a person who surrenders a firearm shall have the right to
arrange for the sale, or transfer, of such firearm to a dealer in
firearms licensed in accordance with this chapter or for the transfer of
such firearm to himself or herself provided that a license therefor has
been issued in accordance with this chapter. If no lawful disposition of
the firearm or other weapon is made within the time provided, the
firearm or weapon concerned shall be declared a nuisance and shall be
disposed of in accordance with the provisions of this section.
S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
1. (a) Any owner or other person lawfully in possession of: (i) a
firearm, rifle or, shotgun who suffers the loss or theft of said weapon;
(ii) ammunition as well as a firearm, rifle or shotgun who suffers the
loss or theft of such ammunition as well as a firearm, rifle or shotgun;
or (iii) ammunition and is a dealer in firearms or seller of ammunition
who suffers the loss or theft of such ammunition shall within
twenty-four hours of the discovery of the loss or theft report the facts
and circumstances of the loss or theft to a police department or
sheriff's office.
(b) Whenever a person reports the theft or loss of a firearm, rifle,
shotgun or ammunition to any police department or sheriff's office, the
officer or department receiving such report shall forward notice of such
theft or loss to the division of state police via the New York Statewide
Police Information Network. The notice shall contain information in
compliance with the New York Statewide Police Information Network
Operating Manual, including the caliber, make, model, manufacturer's
name and serial number, if any, and any other distinguishing number or
identification mark on the weapon.
2. The division of state police shall receive, collect and file the
information referred to in subdivision one of this section. The division
shall cooperate, and undertake to furnish or make available to law
enforcement agencies this information, for the purpose of coordinating
law enforcement efforts to locate such weapons.
3. Notwithstanding any other provision of law, a violation of
paragraph (a) of subdivision one of this section shall be a class A
misdemeanor.
