Article 400 – NY Penal Law

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.

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dcolburn

I am a 58 year old former professional bodyguard. Some of my achievements and Certifications include; -8 Styles of Martial Arts Training -PADI Scuba certification -Owned Upstate and Syracuse K-9 -National and Olympic Qualifier in Wrestling -Professional Driving School Training -Firearms Training Certifications