BILL NUMBER:S2230

TITLE OF BILL:

An act
to amend the criminal procedure law, the correction law,
the family court act, the executive law,
the general business law, the judiciary law,
the mental
hygiene law,
the penal law and
the surrogate's court procedure act,
in relation to suspension and
revocation of firearms
licenses; private
sale or disposal
of firearms, rifles or shotguns and
establishing a minimum
age to possess a firearm;
to amend the family court act, the domestic relations law and the
criminal procedure law, in relation to providing for the mandatory
suspension or revocation of the firearms license of a person against
whom an order of protection or a temporary order of protection has been
issued under certain circumstances, or upon violation of any such order;
to amend the penal law, in relation to
community guns and the
criminal sale of a firearm and in relation to the
definitions of aggravated and first degree murder;
to amend chapter 408 of the laws of 1999 constituting
Kendra's Law,
in relation to extending the expiration thereof; and
to amend the education law, in relation to the New York state
school safety
improvement teams; and
in relation to building aid for metal detectors and
safety devices

PURPOSE:

This legislation will protect New Yorkers by reducing the availability
of assault weapons and deterring the criminal use of firearms while
promoting a fair, consistent and efficient method of ensuring that
sportsmen and other legal gun owners have full enjoyment of the guns
to which they are entitled. A thoughtful network of laws provides the
toughest, most comprehensive and balanced answer in the nation to gun
violence. Through this legislation, New York is the first in the
nation to completely ban all pre-1994 high capacity magazines; to ban
any magazine that holds more than seven rounds (rather
than a limit of ten) and to both track ammunition purchases in real
time to permit alerts on high volume buyers, while also checking on
the buyer's background.

In a range of reforms the bill attends to the weaknesses in the
state's current regulatory structure to bring a consistency and
rationality that must be the cornerstone of a safe society. A single
standard across the State will ensure that legal gun owners obtain
their licenses expeditiously while those prohibited are denied that


privilege. A statewide database will keep the registry current and
guard against the dangerous or unstable possessing guns. New rules
will close a loophole that excludes private sales of guns from a
federal background check; tighten provisions governing gun ownership
by persons with serious mental illness; require safe storage of guns
for gun owners who live with someone who has been convicted of
certain crimes, is under an order of protection, or who has been
involuntarily committed as a result of a mental illness. The bill
also creates new and enhanced penalties for illegal gun use, and
enhances protections for victims of domestic violence by requiring
the firearm surrenders and gun license suspension and revocation in
cases where an order of protection has been issued.

SUMMARY OF PROVISIONS:

Assault Weapons

Section 37 of the bill amends Penal Law � 265.00(22) in order to
strengthen New York's assault weapon ban, expanding its reach and
making it easier to enforce. The proposed amendments replace the
existing ban consisting of and a "two-feature" test adopted from the
now-expired federal assault weapons ban with a clearer "one-feature"
test. The "two-feature" test bans any gun that is semi-automatic, has
a detachable magazine (in the case of pistols and rifles), and
possesses two features that are commonly associated with military
weapons. The "one-feature" test would ban semi-automatic guns with
detachable magazines that possess one feature commonly associated
with military weapons. This section also adds to the list of
"features" that characterize a banned weapon.

Within one year of the effective date, all weapons defined as assault
weapons under the new "one-feature" test, as well as weapons
grandfathered in under the original assault weapons ban, must be
registered. Current owners of these banned weapons may transfer the
weapons only to a firearms dealer or transfer to an out of state
buyer. All registered owners will be subject to a review of
disqualifiers by the State Police.

Ammunition

Section 38 of the bill amends Penal Law � 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten
rounds of ammunition including those that were grandfathered in under
the original assault weapons ban and creates a new ban on magazines
that hold more than seven rounds of ammunition. Magazines that can
hold more than seven rounds but not more than ten rounds and are
currently possessed will be grandfathered in, but may only contain
seven rounds of ammunition. Exceptions are made for large capacity
magazines that are curios or relics.

Section 39 also adds a new section to Penal Law � 265.00 to define
seller of ammunition.

Section 50 of the bill enhances control over sales of ammunition by
adding a new Penal Law � 400.03 requiring (1) that sellers of


ammunition register with the superintendent of the State police (2)
that prior to a sale of ammunition, a seller must run the buyer
through a State-created review of disqualifiers to ensure that the
buyer is not prohibited by law from possessing ammunition, and (3)
that ammunition sales are electronically accessible to the State. In
addition, to prevent from purchasing ammunition, the bill requires
that any ammunition sold commercially must be conducted by a seller
that can perform a background check.

Licensing

Section 49 creates a new Penal Law � 400.02 establishing a statewide
gun license and record database. Section 18 amends Section 212 of the
Judiciary Law to require that records submitted to the Federal Bureau
of Investigation regarding individuals for whom a guardian has been
appointed be transmitted to the State and checked against the
statewide gun license and record database.

Several sections of the bill strengthen statutory provisions related
to the licensing of firearms, shotguns, and rifles. Section 1 amends
Criminal Procedure Law (CPL) � 330.20 to require the revocation of
any gun license from and the surrender of any gun by a defendant upon
an entry of a verdict of not responsible by reason of mental disease
or defect, upon
the acceptance of a plea of not responsible by reason of mental
disease or defect, or upon a finding that a defendant is an
incapacitated person pursuant to the CPL. Section 2 adds a new
section to the CPL that requires a sentencing judge to demand
surrender of a gun license or registration and all guns possessed by
the defendant upon judgment of conviction for an offense that
requires the seizure of a gun and the revocation of a gun license or
registration. Sections 4 through 16 amend the Family Court Act, the
Domestic Relations Law and the CPL to require, under certain
circumstances, the mandatory suspension or revocation of the firearms
license of a person against whom an order of protection or a
temporary order of protection has been issued.

Section 48 of the bill amends the Penal Law to require that every
county recertify a gun license holder's license every five years.
Failure to recertify during this five year period equates to
revocation of the license. The section also adds bases for denial of
a license to an applicant, including connection of a felony or
serious offense, being presently subject to an order of protection;
and expands the criteria for denial based on an applicant's history
of mental illness.

Private Sales

Under current New York law, background checks on gun purchasers are
required for all purchases of guns from gun dealers and at gun shows.
Section 17 will expand this requirement by adding a new article to
the General Business Law requiring background checks to be completed
for all gun sales, except for immediate family. Thus private sellers
may transfer a gun only if the buyer has obtained a federal "NICS"
check. Further, dealers


must maintain records of private sale background checks, and private
sellers may charge a fee of up to $10 on a transaction. Transfers
between immediate family members will be exempt from the requirements
of this section.

Safe Storage

To prevent, among other things, unauthorized and unlicensed use of
guns, section 47 of the bill adds a new Penal Law � 265.45
establishing safe storage requirements for rifles, shotguns and
firearms. Under this new section, a gun owner who lives with someone
who the owner has reason to know is prohibited from possessing a gun
because the prohibited person has been convicted of a crime
punishable by a term of imprisonment exceeding one year, has been
adjudicated mentally defective or committed to a mental institution,
is subject to a court order of protection or has been convicted of a
misdemeanor crime of domestic violence whose sentence has been
completed in the last five years must, when the gun is out of the
owner's immediate control, keep the gun secured in a safe storage
depository (for example, a safe or similar secure container with a
lock that can be opened only with a key or combination, or other
locking mechanism) or render it incapable of being fired by putting a
safety lock on the gun.

Provisions Related to Persons with Mental Illness

Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating
is likely to engage in conduct that will cause serious harm to
him- or herself or others. A good faith decision about whether to report
will not be a basis for any criminal or civil liability. When a
Section 9.46 report is made, the Division of Criminal Justice
Services will determine whether the person possesses a firearms
license and, if so, will notify the appropriate local licensing
official, who must suspend the license. The person's firearms will
then be removed.

The bill extends Kendra's Law through 2017 and amends the law by:
extending the duration of the initial assisted out-patient treatment
order from 6 months to one year; requiring a review before the
assisted out-patient treatment order for a mentally ill inmate is
terminated; requiring an assisted out-patient treatment order to
follow a person from one county to another if he or she changes
residence; and will require the Office of Mental Hygiene (OMH) to
conduct an assisted out-patient treatment assessment with a state
prisoner is being discharged to the community from and OHM hospital.

New and Enhanced Criminal Penalties


Several sections of the bill create new and enhanced penalties for
illegal gun use. Sections 33 through 36, known as "Mark's Law," will
include the intentional murder of certain first responders in the
Class A-1 felonies of murder in the first degree and
aggravated murder. The mandatory penalty for a conviction of
aggravated murder is life without parole.

A new Penal Law Section 460.22, aggravated enterprise corruption,
recognizes the significant threat to public safety posed by organized
violent gangs and their illegal purchases of weapons by creating an
A-1 felony for cases when members of the enterprise commit certain
combinations of offenses. Those combinations are: first, a pattern of
criminal activity that constitutes Class B felonies or higher, and at
least two of those acts are armed felonies; or second, one act is a
Class B violent felony and two acts constitute a violation of the
newly added Section 265.17 (3) which prohibits the purchase on behalf
of or disposal of a weapon to an individual who is prohibited by law
from possessing such a weapon. This provision also addresses the
issue of "straw purchasers" where individuals who are not prohibited
by law to purchase weapons do so for others, for example, gang
members who may not possess a weapon because of a prior conviction or
other disability under law.

Section 41 increases the penalty for possession of a firearm on school
grounds or on a school bus from a misdemeanor to a Class E Felony.
Section 41-a creates a new subdivision of criminal possession of a
weapon in the third degree, a Class D violent felony, when a person
possesses an unloaded firearm and also commits a drug trafficking
felony or possesses an unloaded firearm and also commits any violent
felony as part of the same criminal transaction. The mandatory
minimum sentence for these new Class D felonies is a three and
one-half year determinate sentence, although the court may consider
mitigating factors and impose a lesser sentence in some limited
circumstances involving drug trafficking.

Section 45 creates the crime of aggravated criminal possession of a
weapon, a Class C felony, which is committed when one possesses a
loaded firearm under � 255.03 of the Penal Law and also commits any
violent felony offense or a drug trafficking felony. The minimum
mandatory sentence is 5 years.

Section 32 amends Penal Law � 120.05 by adding a new subdivision 4-a
to create the crime of assault in the second degree when a person
recklessly causes physical injury to a child by the intentional
discharge of a firearm, rifle or shotgun.

Section 43 amends Penal Law � 265.17 to include criminal sale or
disposal of a weapon by providing a firearm, rifle or shotgun to a
person knowing he or she is prohibited by law from possessing such
firearm, rifle or shotgun. The penalty is raised from a Class A
misdemeanor to a Class D felony.

Section 31 adds Penal Law � 115.20 making it a Class A misdemeanor to
make available, sell, exchange, give or dispose of a community gun
that aids a person in committing a crime. A community gun is defined
as one that is made available to among or between two or more persons


at least one of whom is not authorized pursuant to law to possess
such firearm.

Safer Schools

The bill adds a new Section 2801-b to the Education Law to establish
New York State School Safety Improvement Teams to review, assess, and
make recommendations on School Safety Plans submitted by school
districts on a voluntary basis.
Section 3602 of the Education Law is amended to allow school districts
that purchase various security devices included in their School
Safety Plans to receive state building aid reimbursement at a rate
ten percent higher than their current building aid ratio. Section 55
is the severability clause, and Section 56 establishes the effective
date.

EXISTING LAW:

This bill amends the Correction Law, the Criminal Procedure Law, the
Domestic Relations Law, the Executive Law, the Family Court Act, the
General Business Law, the Judiciary Law, Kendra's Law (Section 18 of
Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the
Laws of 2010), the Mental Hygiene Law, the Penal Law, and the
Surrogates Court Act.

STATEMENT IN SUPPORT:

In the wrong hands, guns are weapons of untold destruction and
heartbreak: family and community members are taken from us in an
instant; mass shootings shatter our sense of safety in public spaces;
street crimes plague our neighborhoods. Nationwide, gun violence
claims over 30,000 lives annually.

While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that that right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the
Heller case, the Supreme Court explained, "nothing in our opinion
should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws
forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms." 554 U.S. at 626-27.
The Court also recognized there is a "historical tradition of
prohibiting the carrying of 'dangerous and unusual' weapons." Id.
This piece of legislation heeds the guidance of the Supreme Court by
refining and improving the assault weapon ban and increasing the
safety of New Yorkers while observing the protections of the Second
Amendment.

Some weapons are so dangerous and some ammunition devices so lethal
that we simply cannot afford to continue selling them in our state.
Assault weapons that have military-style features unnecessary for
hunting and sporting purposes are this kind of weapon. The test
adopted in this legislation is intended to bring a simplicity of
definition focusing on the lethality of the weapon, amplified by the
particular features. Given the difficulty of maintaining a list of


guns that keeps pace with changes in weapon design, the one-feature
test is a more comprehensive means for addressing these dangerous
weapons.

Ammunition

The state's previous ban against high capacity magazines faltered
because it was impossible to tell the difference between magazines
manufactured before or after the effective date of the ban. This bill
prohibits possession of all magazines with the capacity to contain
more than ten rounds, regardless of the date of manufacture. Going
forward, individuals will only be able to obtain magazines that can
contain up to seven rounds. Those who currently possess magazines
that can contain more than seven rounds will only be permitted to
maintain up to seven rounds in such magazines.

The new law also provides a mechanism to identify individual who
purchase unusually high volumes of ammunition, either in person or
over the Internet. Sellers must run the buyer's name through a State
database modeled after the federal "NICS" database to ensure the
buyer is not prohibited by law from possessing ammunition. Ammunition
sellers are also required to electronically file with the State
records of each ammunition sale, including amount sold.

In order to prevent circumvention of these new controls, this bill
requires that any seller--whether located in New York or out of
state-ship the ammunition to a dealer within New York for in-person
pick-up. The dealer is required to maintain records of the ammunition
sale and to perform a State review of disqualifiers. Direct shipment
of ammunition without a face-to-face transaction prevents a seller
from being able to adequately confirm the identity of a buyer through
the in-person inspection of a valid photo ID. Without adequate
confirmation of a buyer's identity, the benefits of background checks
and record keeping are completely circumvented. A law requiring all
ammunition sales to culminate in a face-to-face transfer, thereby
allowing for effective confirmation of purchaser identity and
corresponding background check, is consistent with this scheme.

Licensing

Currently in New York State, outside of New York City, Westchester,
Nassau and Suffolk Counties, a gun license never expires. Lack of a
renewal procedure means there is no periodic review of a licensee's
qualifications. Thus, if a license holder becomes disqualified from
carrying a gun subsequent to obtaining a license, he or she will
likely retain the license. This law requires every license holder to
recertify the licensee's gun license every five years. Failure of a
licensee to have his or her license recertified will result in
revocation of the license.

In addition, in order to ensure that legal gun license holders receive
their licenses as swiftly as possible and to ensure the swift and
accurate ability to match license holders with disqualifying events
such as a felony conviction, the bill establishes an electronic
license and record database. The electronic database will permit


regular matching by the State against records of prohibited persons
(e.g., those with criminal histories, orders of protection, and
mental illnesses that bar gun ownership and licensing) as well as
against other databases such as death records to ensure that New
York's license records are up to date.

Furthermore, orders of protection are intended to protect victims of
domestic violence from their abusers and prevent violent crimes from
occurring. This bill enhances protections for victims of domestic
violence by strengthening the provisions regarding the possession and
surrender of firearms and the suspension and revocation of, and
ineligibility for, licenses by individuals who are the respondents in
an order of protection. The bill makes changes to the Family Court
Act to conform to the 2007 amendments made to the CPL.

Private Gun Sales

Under current New York law, background checks on purchasers are
required for all purchases of guns from gun dealers and at gun shows,
however, individuals that purchase guns through private sellers are
not required to undergo background checks. This bill requires
background checks for all gun sales, including private sales,
ensuring that otherwise disqualified individuals cannot circumvent
the law by obtaining guns buying from a private seller.

Safe Storage

To prevent unauthorized possession and use of guns, this bill requires
anyone who owns a gun or who lives with someone who the owner has
reason to know is disqualified from possessing a gun under certain
provisions of federal law to secure any gun in a safe storage
depository or render it incapable of being fired by putting a safety
lock on the gun if it is to be outside the owner's direct control.

Persons with Mental Illness

This bill adds provisions to revoke or suspend licenses of individuals
with mental illness who, in the opinion of mental health
professionals would pose a danger to themselves or others should they
possess guns. The bill also extends and expands Kendra's Law to
provide additional out-patient treatment services to persons with
mental illness.

New and Enhanced Criminal Penalties

The new and amended sections of the Penal Law are focused on the
methods by which gun violence is often carried out in our
communities, giving law enforcement better tools to punish and deter
such conduct. As the presence of illegal guns on our streets
endangers the welfare of entire communities, these provisions ensure
appropriate penalties for making guns available to prohibited
persons, as well as putting our children at risk by, among other
dangerous and illegal activities, possessing guns near school


grounds. In addition, recognizing the widespread violence caused by
gang activity, the bill establishes penalties for participation in
gang activity resulting in the commission of a violent crime.

The bill also contains new provisions acknowledging the danger that
our first
responders face every day as they protect other New Yorkers by
establishing an enhanced
penalty for knowingly causing the death of a first responder in the
course of his or her duties.

Part 2

S2230-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 2230                                                  A. 2388
 2013-2014 Regular Sessions
 SENATE - ASSEMBLY
 January 14, 2013
 
 IN  SENATE  --  Introduced  by  Sens. KLEIN, SMITH -- (at request of the
 Governor) -- read twice and ordered printed, and when  printed  to  be
 committed to the Committee on Rules
 IN  ASSEMBLY  --  Introduced by M. of A. SILVER, LENTOL, ORTIZ, MORELLE,
 FARRELL, WEINSTEIN, CAMARA, HOOPER, O'DONNELL, TITONE,  PAULIN,  MOYA,
 GLICK,  WRIGHT, SCHIMEL, GOTTFRIED, ROSENTHAL, KAVANAGH, STECK, WEPRIN
 --  Multi-Sponsored  by  --  M.  of  A.  ABINANTI,  BOYLAND,  BRENNAN,
 BROOK-KRASNY,  BUCHWALD,  CASTRO, COLTON, DINOWITZ, ENGLEBRIGHT, ESPI
 NAL, FAHY, JACOBS,  JAFFEE,  KELLNER,  KIM,  LAVINE,  LIFTON,  MARKEY,
 MAYER, MILLMAN, MOSLEY, OTIS, ROSA, ROZIC -- (at request of the Gover
 nor) -- read once and referred to the Committee on Codes
 AN  ACT  to  amend  the  criminal procedure law, the correction law, the
 family court act, the executive law, the  general  business  law,  the
 judiciary  law,  the  mental hygiene law, the penal law and the surro
 gate's court procedure act, in relation to suspension  and  revocation
 of  firearms licenses; private sale or disposal of firearms, rifles or
 shotguns and establishing a minimum age to possess a firearm; to amend
 the family court act, the domestic  relations  law  and  the  criminal
 procedure  law,  in relation to providing for the mandatory suspension
 or revocation of the firearms license of  a  person  against  whom  an
 order of protection or a temporary order of protection has been issued
 under  certain  circumstances, or upon violation of any such order; to
 amend the penal law, in relation to community guns  and  the  criminal
 sale of a firearm and in relation to the definitions of aggravated and
 first  degree murder; to amend chapter 408 of the laws of 1999 consti
 tuting Kendra's Law, in relation to extending the expiration  thereof;
 and  to  amend  the  education  law, in relation to the New York state
 school safety improvement teams; and in relation to building  aid  for
 metal detectors and safety devices
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD12007-03-3
        S. 2230                             2                            A. 2388
 

Section 1.

Section 330.20 of the criminal procedure law is amended  by
 adding a new subdivision 2-a to read as follows:

 2-A.  FIREARM,  RIFLE  OR  SHOTGUN  SURRENDER  ORDER.  UPON ENTRY OF A
 VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL  DISEASE  OR  DEFECT,  OR
 UPON  THE  ACCEPTANCE  OF  A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
 DISEASE OR DEFECT, OR UPON A FINDING THAT THE DEFENDANT IS AN  INCAPACI
 TATED  PERSON  PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS CHAPTER,
 THE COURT SHALL REVOKE THE DEFENDANT'S FIREARM LICENSE, IF ANY,  INQUIRE
 OF  THE DEFENDANT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM, RIFLE
 OR SHOTGUN OWNED OR POSSESSED BY SUCH DEFENDANT AND DIRECT THE SURRENDER
 OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBPARAGRAPH (F) OF  PARA
 GRAPH  ONE  OF  SUBDIVISION  A  OF SECTION 265.20 AND SUBDIVISION SIX OF
 SECTION 400.05 OF THE PENAL LAW.
 

S 2. The criminal procedure law is amended by  adding  a  new  section
 380.96 to read as follows:

 

S 380.96 OBLIGATION OF SENTENCING COURT PURSUANT TO ARTICLE FOUR HUNDRED
 OF THE PENAL LAW.
 UPON  JUDGMENT  OF  CONVICTION  OF ANY OFFENSE WHICH WOULD REQUIRE THE
 SEIZURE OF FIREARMS, SHOTGUNS OR RIFLES FROM AN INDIVIDUAL SO CONVICTED,
 AND THE REVOCATION OF ANY LICENSE OR  REGISTRATION  ISSUED  PURSUANT  TO
 ARTICLE  FOUR  HUNDRED  OF THE PENAL LAW, THE JUDGE PRONOUNCING SENTENCE
 SHALL DEMAND SURRENDER OF ANY  SUCH  LICENSE  OR  REGISTRATION  AND  ALL
 FIREARMS,  SHOTGUNS AND RIFLES. THE FAILURE TO SO DEMAND SURRENDER SHALL
 NOT EFFECT THE VALIDITY OF  ANY  REVOCATION  PURSUANT  TO  ARTICLE  FOUR
 HUNDRED OF THE PENAL LAW.
 

S  3. 

Section  404  of  the correction law is amended by adding a new
 subdivision 3 to read as follows:

 3. WITHIN A REASONABLE PERIOD PRIOR TO DISCHARGE OF AN INMATE  COMMIT
 TED FROM A STATE CORRECTIONAL FACILITY FROM A HOSPITAL IN THE DEPARTMENT
 OF  MENTAL  HYGIENE  TO  THE COMMUNITY, THE DIRECTOR SHALL ENSURE THAT A
 CLINICAL ASSESSMENT HAS BEEN COMPLETED TO DETERMINE WHETHER  THE  INMATE
 MEETS  THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDI
 VISION (C) OF SECTION 9.60 OF THE MENTAL HYGIENE LAW.  IF, AS  A  RESULT
 OF  SUCH  ASSESSMENT, THE DIRECTOR DETERMINES THAT THE INMATE MEETS SUCH
 CRITERIA, PRIOR TO DISCHARGE THE DIRECTOR OF THE HOSPITAL  SHALL  EITHER
 PETITION  FOR  A  COURT  ORDER  PURSUANT  TO  SECTION 9.60 OF THE MENTAL
 HYGIENE LAW, OR REPORT IN WRITING TO THE DIRECTOR OF COMMUNITY  SERVICES
 OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INMATE IS EXPECTED TO RESIDE
 SO  THAT  AN  INVESTIGATION MAY BE CONDUCTED PURSUANT TO SECTION 9.47 OF
 THE MENTAL HYGIENE LAW.
 

S 4. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
 as added by chapter 644 of the laws of 1996, paragraph (a)  of  subdivi
 sion  1 as amended by chapter 434 of the laws of 2000, the opening para
 graph of subdivision 3 as amended by chapter 597 of the  laws  of  1998,
 paragraph  (a) of subdivision 3 as amended by chapter 635 of the laws of
 1999, are amended to read as follows:

 1.  [
<del>Mandatory  and  permissive  suspension</del>]  SUSPENSION  of  firearms
 license  and  ineligibility  for  such  a license upon the issuance of a
 temporary order of protection.  Whenever a temporary order of protection
 is issued  pursuant  to  section  eight  hundred  twenty-eight  of  this
 article,  OR  PURSUANT  TO ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS
 ACT:

 (a) the court shall suspend any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
 ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
        S. 2230                             3                            A. 2388
 400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
 the  court  receives  information  that  gives  the  court good cause to
 believe that: (i) the respondent has a prior conviction of  any  violent
 felony  offense  as  defined in section 70.02 of the penal law; (ii) the
 respondent has previously been found to have willfully failed to obey  a
 prior  order  of  protection  and  such willful failure involved (A) the
 infliction of [
<del>serious</del>] physical injury, as defined in subdivision [
<del>ten</del>]
 NINE of section 10.00 of the penal law, (B) the use or threatened use of
 a deadly weapon or dangerous instrument as those terms  are  defined  in
 subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
 (C) behavior constituting any  violent  felony  offense  as  defined  in
 section  70.02  of  the  penal  law; or (iii) the respondent has a prior
 conviction for stalking in the first degree as defined in section 120.60
 of the penal law, stalking in the second degree as  defined  in  section
 120.55  of  the  penal  law,  stalking in the third degree as defined in
 section 120.50 of the penal law or stalking  in  the  fourth  degree  as
 defined in section 120.45 of such law; and
 (b)  the  court  [
<del>may</del>]  SHALL where the court finds a substantial risk
 that the respondent may use or threaten  to  use  a  firearm  unlawfully
 against  the  person or persons for whose protection the temporary order
 of protection is issued, suspend any such existing license possessed  by
 the  respondent, order the respondent ineligible for such a license, and
 order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
 ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
 400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
 2. [
<del>Mandatory and permissive revocation</del>] REVOCATION or  suspension  of
 firearms  license and ineligibility for such a license upon the issuance
 of an order of protection. Whenever an order  of  protection  is  issued
 pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
 ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:

 (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
 ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
 400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
 the  court  finds that the conduct which resulted in the issuance of the
 order of protection involved (i) the infliction  of  [
<del>serious</del>]  physical
 injury,  as  defined  in  subdivision [
<del>ten</del>] NINE of section 10.00 of the
 penal law, (ii) the use or threatened use of a deadly weapon or  danger
 ous  instrument  as  those  terms are defined in subdivisions twelve and
 thirteen of section 10.00 of the penal law, or (iii) behavior constitut
 ing any violent felony offense as defined in section 70.02 of the  penal
 law; and
 (b)  the  court  [
<del>may</del>] SHALL, where the court finds a substantial risk
 that the respondent may use or threaten  to  use  a  firearm  unlawfully
 against  the  person  or  persons  for  whose  protection  the  order of
 protection is issued, (i) revoke any such existing license possessed  by
 the  respondent,  order the respondent ineligible for such a license and
 order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
 ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
 400.05 OF THE PENAL LAW, of any or all firearms owned  or  possessed  or
 (ii)  suspend or continue to suspend any such existing license possessed
 by the respondent, order the respondent ineligible for such  a  license,
 and  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARA
 GRAPH ONE OF SUBDIVISION A OF SECTION  265.20  AND  SUBDIVISION  SIX  OF
        S. 2230                             4                            A. 2388
 SECTION  400.05  OF  THE  PENAL  LAW,  of  any  or all firearms owned or
 possessed.
 3.  [
<del>Mandatory  and permissive revocation</del>] REVOCATION or suspension of
 firearms license and ineligibility for such a license upon a finding  of
 a  willful  failure to obey an order of protection OR TEMPORARY ORDER OF
 PROTECTION.  Whenever a respondent has been found, pursuant  to  section
 eight  hundred forty-six-a of this part to have willfully failed to obey
 an order of protection OR TEMPORARY ORDER OF PROTECTION issued  PURSUANT
 TO THIS ACT OR THE DOMESTIC RELATIONS LAW, OR by this court or [
<del>an order</del>
 
<del>of  protection  issued</del>]  by a court of competent jurisdiction in another
 state, territorial or tribal jurisdiction,  in  addition  to  any  other
 remedies available pursuant to section eight hundred forty-six-a of this
 part:

 (a)  the court shall revoke any such existing license possessed by the
 respondent, order the respondent ineligible  for  such  a  license,  and
 order  the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
 ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
 400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
 the  willful  failure  to obey such order involves (i) the infliction of
 [
<del>serious</del>] physical injury, as  defined  in  subdivision  [
<del>ten</del>]  NINE  of
 section  10.00  of  the  penal  law, (ii) the use or threatened use of a
 deadly weapon or dangerous instrument as  those  terms  are  defined  in
 subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
 (iii) behavior constituting any violent felony  offense  as  defined  in
 section  70.02  of the penal law; or (iv) behavior constituting stalking
 in the first degree as defined in  section  120.60  of  the  penal  law,
 stalking  in the second degree as defined in section 120.55 of the penal
 law, stalking in the third degree as defined in section  120.50  of  the
 penal  law or stalking in the fourth degree as defined in section 120.45
 of such law; and
 (b) the court [
<del>may</del>] SHALL where the court  finds  a  substantial  risk
 that  the  respondent  may  use  or threaten to use a firearm unlawfully
 against the  person  or  persons  for  whose  protection  the  order  of
 protection was issued, (i) revoke any such existing license possessed by
 the  respondent,  order  the  respondent  ineligible for such a license,
 whether or not the respondent possesses such a license,  and  order  the
 immediate  surrender  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
 SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF
 THE PENAL LAW, of any or all firearms owned or possessed or (ii) suspend
 any such  existing  license  possessed  by  the  respondent,  order  the
 respondent  ineligible  for  such  a  license,  and  order the immediate
 surrender of any or all firearms owned or possessed.
 

S 5.

Section 846-a of the family court act, as amended by chapter  597
 of the laws of 1998, is amended to read as follows:

 

S  846-a.  Powers on failure to obey order. If a respondent is brought
 before the court for failure to obey any lawful order issued under  this
 article  or  an  order  of  protection  OR TEMPORARY ORDER OF PROTECTION
 issued PURSUANT TO THIS ACT OR ISSUED by a court of competent  jurisdic
 tion of another state, territorial or tribal jurisdiction [
<del>in a proceed-</del>
 
<del>ing</del>]  and  if,  after hearing, the court is satisfied by competent proof
 that the respondent has willfully failed to obey  any  such  order,  the
 court  may  modify an existing order OR TEMPORARY ORDER OF PROTECTION to
 add  reasonable  conditions  of  behavior  to  the  existing  order  [
<del>of</del>
 
<del>protection</del>],  make  a new order of protection in accordance with section
 eight hundred forty-two OF THIS PART, may order the forfeiture  of  bail
 in  a  manner consistent with article five hundred forty of the criminal
        S. 2230                             5                            A. 2388
 procedure law if bail has been ordered pursuant to this act,  may  order
 the  respondent to pay the petitioner's reasonable and necessary counsel
 fees in connection with the violation petition  where  the  court  finds
 that the violation of its order was willful, and may commit the respond
 ent to jail for a term not to exceed six months.  Such commitment may be
 served  upon  certain  specified  days or parts of days as the court may
 direct, and the court may, at any time within the term of such sentence,
 revoke such suspension and commit the respondent for  the  remainder  of
 the original sentence, or suspend the remainder of such sentence. If the
 court  determines  that  the willful failure to obey such order involves
 violent behavior constituting the crimes of menacing, reckless endanger
 ment, assault or attempted assault and if such a respondent is  licensed
 to  carry,  possess,  repair and dispose of firearms pursuant to section
 400.00 of the penal law, the court  may  also  immediately  revoke  such
 license and may arrange for the immediate surrender PURSUANT TO SUBPARA
 GRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDI
 VISION  SIX  OF  SECTION  400.05  OF  THE PENAL LAW, and disposal of any
 firearm such respondent owns or possesses.   If the willful  failure  to
 obey  such order involves the infliction of [
<del>serious</del>] physical injury as
 defined in subdivision [
<del>ten</del>] NINE of section 10.00 of the penal  law  or
 the use or threatened use of a deadly weapon or dangerous instrument, as
 those  terms  are defined in subdivisions twelve and thirteen of section
 10.00 of the penal law, such revocation and immediate surrender PURSUANT
 TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION  265.20
 AND  SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW SIX and disposal
 of any firearm owned or possessed  by  respondent  shall  be  mandatory,
 pursuant to subdivision eleven of section 400.00 of the penal law.
 

S  6. The family court act is amended by adding a new section 446-a to
 read as follows:

 

S 446-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
 INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
 ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
 MAKE A DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION  OF  A
 LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
 INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  IN
 ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
 

S  7.  The  family court act is amended by adding a new section 552 to
 read as follows:

 

S 552. FIREARMS; SURRENDER  AND  LICENSE  SUSPENSION,  REVOCATION  AND
 INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
 ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
 MAKE  A  DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION OF A
 LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  OR  FIREARMS,
 INELIGIBILITY  FOR  SUCH  A  LICENSE  AND  THE  SURRENDER OF FIREARMS IN
 ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
 

S 8.  The family court act is amended by adding a new section 656-a to
 read as follows:

 

S 656-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
 INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
 ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
 MAKE  A  DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION OF A
 LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  OR  FIREARMS,
 INELIGIBILITY  FOR  SUCH  A  LICENSE  AND  THE  SURRENDER OF FIREARMS IN
 ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
 

S 9. The family court act is amended by adding a new section 780-a  to
 read as follows:

        S. 2230                             6                            A. 2388
 

S  780-A.  FIREARMS;  SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
 INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR  TEMPORARY
 ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
 MAKE A DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION  OF  A
 LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
 INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  IN
 ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
 

S  10.  The family court act is amended by adding a new section 1056-a
 to read as follows:

 

S 1056-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION,  REVOCATION  AND
 INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
 ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
 MAKE  AN  ORDER  IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF
 THIS ACT.
 

S 11. The first undesignated and closing paragraphs of  subdivision  3
 of section 240 of the domestic relations law, as added by chapter 606 of
 the laws of 1999, are amended to read as follows:

 G.  Any  party  moving for a temporary order of protection pursuant to
 this subdivision during hours when the court is open shall  be  entitled
 to  file  such  motion  or pleading containing such prayer for emergency
 relief on the same day that such person first appears at such court, and
 a hearing on the motion or portion of the pleading requesting such emer
 gency relief shall be held on the same day or  the  next  day  that  the
 court is in session following the filing of such motion or pleading.
 H.  Upon  issuance  of  an  order  of protection or temporary order of
 protection or upon a violation of such order, the court [
<del>may</del>] SHALL make
 [
<del>an order</del>] A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF  A
 LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
 INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  in
 accordance  with  [
<del>section</del>] SECTIONS eight hundred forty-two-a AND EIGHT
 HUNDRED FORTY-SIX-A of the family court act [
<del>directing the surrender  of</del>
 
<del>firearms,  revoking  or  suspending  a  party's firearms license, and/or</del>
 
<del>directing that such party be ineligible to receive a firearms  license</del>],
 AS  APPLICABLE. Upon issuance of an order of protection pursuant to this
 section or upon a finding of a violation thereof,  the  court  also  may
 direct  payment  of  restitution in an amount not to exceed ten thousand
 dollars in accordance with subdivision  (e)  of  section  eight  hundred
 forty-one of such act; provided, however, that in no case shall an order
 of  restitution  be  issued  where  the  court determines that the party
 against whom the order would  be  issued  has  already  compensated  the
 injured  party  or  where  such  compensation is incorporated in a final
 judgment or settlement of the action.
 

S 12. Subdivision 9 of section 252 of the domestic relations  law,  as
 added by chapter 606 of the laws of 1999, is amended to read as follows:

 9.  Upon  issuance  of  an  order  of protection or temporary order of
 protection or upon a violation of such order, the  court  [
<del>may  take  an</del>
 
<del>order</del>]  SHALL  MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCA
 TION OF A LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A  FIREARM  OR
 FIREARMS, INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS
 in  accordance  with  [
<del>section</del>]  SECTIONS  eight hundred forty-two-a AND
 EIGHT HUNDRED FORTY-SIX-A of the family court act [
<del>directing the surren-</del>
 
<del>der of firearms, revoking or  suspending  a  party's  firearms  license,</del>
 
<del>and/or  directing  that  such  party be ineligible to receive a firearms</del>
 
<del>license</del>], AS APPLICABLE. Upon issuance of an order of protection  pursu
 ant  to this section or upon a finding of a violation thereof, the court
 also may direct payment of restitution in an amount not  to  exceed  ten
        S. 2230                             7                            A. 2388
 thousand  dollars  in  accordance  with subdivision (e) of section eight
 hundred forty-one of such act; provided, however, that in no case  shall
 an  order  of  restitution be issued where the court determines that the
 party against whom the order would be issued has already compensated the
 injured  party  or  where  such  compensation is incorporated in a final
 [
<del>judgement</del>] JUDGMENT or settlement of the action.
 

S 13. The opening paragraph and paragraph  (b)  of  subdivision  1  of
 section 530.14 of the criminal procedure law, as added by chapter 644 of
 the laws of 1996, are amended to read as follows:

 [
<del>Mandatory  and  permissive suspension</del>] SUSPENSION of firearms license
 and ineligibility for such a license upon issuance of temporary order of
 protection.  Whenever a temporary order of protection is issued pursuant
 to subdivision one of section  530.12  or  subdivision  one  of  section
 530.13 of this article:

 (b)  the  court  [
<del>may</del>]  SHALL where the court finds a substantial risk
 that the defendant may use or  threaten  to  use  a  firearm  unlawfully
 against  the  person or persons for whose protection the temporary order
 of protection is issued, suspend any such existing license possessed  by
 the  defendant,  order  the  defendant ineligible for such a license and
 order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
 ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
 400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
 

S 14. The opening paragraph and paragraph  (b)  of  subdivision  2  of
 section 530.14 of the criminal procedure law, as added by chapter 644 of
 the laws of 1996, are amended to read as follows:

 [
<del>Mandatory  and  permissive  revocation</del>]  REVOCATION  or suspension of
 firearms license and ineligibility for such a license upon  issuance  of
 an order of protection. Whenever an order of protection is issued pursu
 ant to subdivision five of section 530.12 or subdivision four of section
 530.13 of this article:

 (b)  the  court  [
<del>may</del>]  SHALL where the court finds a substantial risk
 that the defendant may use or  threaten  to  use  a  firearm  unlawfully
 against  the  person  or  persons  for  whose  protection  the  order of
 protection is issued, (i) revoke any such existing license possessed  by
 the  defendant,  order  the  defendant ineligible for such a license and
 order the immediate surrender of any or all firearms owned or  possessed
 or  (ii)  suspend  or  continue  to  suspend  any  such existing license
 possessed by the defendant, order the defendant ineligible  for  such  a
 license  and  order the immediate surrender PURSUANT TO SUBPARAGRAPH (F)
 OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX
 OF  SECTION  400.05  OF  THE  PENAL LAW, of any or all firearms owned or
 possessed.
 

S 15. The opening paragraph and paragraph  (b)  of  subdivision  3  of
 section  530.14  of the criminal procedure law, the opening paragraph as
 amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
 chapter 644 of the laws of 1996, are amended to read as follows:

 [
<del>Mandatory and permissive  revocation</del>]  REVOCATION  or  suspension  of
 firearms  license and ineligibility for such a license upon a finding of
 a willful failure to obey an order of protection. Whenever  a  defendant
 has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
 subdivision eight of section 530.13 of this article  to  have  willfully
 failed  to  obey  an  order of protection issued by a court of competent
 jurisdiction in this state  or  another  state,  territorial  or  tribal
 jurisdiction,  in  addition  to any other remedies available pursuant to
 subdivision eleven of section 530.12 or  subdivision  eight  of  section
 530.13 of this article:

        S. 2230                             8                            A. 2388
 (b)  the  court  [
<del>may</del>]  SHALL where the court finds a substantial risk
 that the defendant may use or  threaten  to  use  a  firearm  unlawfully
 against  the  person  or  persons  for  whose  protection  the  order of
 protection was issued, (i) revoke any such existing license possessed by
 the  defendant,  order  the  defendant ineligible for such a license and
 order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH
 ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
 400.05 OF THE PENAL LAW, of any or all firearms owned  or  possessed  or
 (ii) suspend any such existing license possessed by the defendant, order
 the  defendant  ineligible  for  such  a license and order the immediate
 surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
 OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION  400.05  OF  THE  PENAL
 LAW, of any or all firearms owned or possessed.
 

S  16. 

Section  837  of  the executive law is amended by adding a new
 subdivision 19 to read as follows:

 19. RECEIVE  NAMES  AND  OTHER  NON-CLINICAL  IDENTIFYING  INFORMATION
 PURSUANT  TO  SECTION 9.46 OF THE MENTAL HYGIENE LAW; PROVIDED, HOWEVER,
 ANY SUCH INFORMATION SHALL BE DESTROYED FIVE YEARS AFTER  SUCH  RECEIPT,
 OR  PURSUANT  TO A PROCEEDING BROUGHT UNDER ARTICLE SEVENTY-EIGHT OF THE
 CIVIL PRACTICE LAW AND RULES DETERMINING THAT AN INDIVIDUAL IS  ELIGIBLE
 FOR  A LICENSE PURSUANT TO SECTION 400.00 OF THE PENAL LAW AND OTHERWISE
 PERMITTED TO POSSESS A FIREARM.
 

S 17. The general business law is amended  by  adding  a  new  article
 39-DDD to read as follows:

 ARTICLE 39-DDD
 PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
 SECTION 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.
 

S  898.  PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS. 1.
 IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO STATE AND FEDERAL LAW,
 ALL SALES, EXCHANGES OR DISPOSALS OF FIREARMS, RIFLES OR SHOTGUNS  SHALL
 BE  CONDUCTED IN ACCORDANCE WITH THIS SECTION UNLESS SUCH SALE, EXCHANGE
 OR DISPOSAL IS CONDUCTED BY A LICENSED IMPORTER,  LICENSED  MANUFACTURER
 OR  LICENSED  DEALER,  AS  THOSE TERMS ARE DEFINED IN 18 USC

S 922, WHEN
 SUCH SALE, EXCHANGE OR DISPOSAL IS CONDUCTED PURSUANT TO  THAT  PERSON'S
 FEDERAL  FIREARMS  LICENSE OR SUCH SALE, EXCHANGE OR DISPOSAL IS BETWEEN
 MEMBERS OF AN IMMEDIATE FAMILY. FOR PURPOSES OF THIS SECTION, "IMMEDIATE
 FAMILY" SHALL MEAN SPOUSES, DOMESTIC PARTNERS, CHILDREN  AND  STEP-CHIL
 DREN.
 2.  BEFORE  ANY SALE, EXCHANGE OR DISPOSAL PURSUANT TO THIS ARTICLE, A
 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK MUST BE COMPLETED BY A DEALER
 WHO CONSENTS TO CONDUCT SUCH CHECK, AND UPON COMPLETION  OF  SUCH  BACK
 GROUND  CHECK,  SHALL  COMPLETE  A  DOCUMENT, THE FORM OF WHICH SHALL BE
 APPROVED BY THE SUPERINTENDENT OF  STATE  POLICE,  THAT  IDENTIFIES  AND
 CONFIRMS THAT SUCH CHECK WAS PERFORMED.
 3.  ALL DEALERS SHALL MAINTAIN A RECORD OF SUCH TRANSACTIONS CONDUCTED
 PURSUANT TO THIS SECTION AND SUCH RECORD  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.
 4.  A  DEALER MAY REQUIRE THAT ANY SALE OR TRANSFER CONDUCTED PURSUANT
 TO THIS SECTION BE SUBJECT TO A FEE OF NOT TO  EXCEED  TEN  DOLLARS  PER
 TRANSACTION.
 5.  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.
        S. 2230                             9                            A. 2388
 6. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS  OF  THIS  ARTICLE
 SHALL  BE  GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN
 THE PENAL LAW.
 

S  18.  Paragraph (q) of subdivision 2 of section 212 of the judiciary
 law, as added by chapter 491 of the laws of 2008, is amended to read  as
 follows:

 (q)  Adopt  rules  to  require  transmission,  to the criminal justice
 information services division of the federal bureau of investigation  or
 to  the  division  of  criminal  justice services, of the name and other
 identifying information of each person who has a guardian appointed  for
 him  or  her pursuant to any provision of state law, based on a determi
 nation 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.  ANY SUCH RECORDS
 TRANSMITTED DIRECTLY TO THE FEDERAL BUREAU OF INVESTIGATION MUST ALSO BE
 TRANSMITTED TO THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  AND  ANY
 RECORDS  RECEIVED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT
 TO THIS PARAGRAPH MAY BE  CHECKED  AGAINST  THE  STATEWIDE  LICENSE  AND
 RECORD DATABASE.
 

S  19.  Subdivision  (j) of section 7.09 of the mental hygiene law, as
 added by chapter 491 of the laws of 2008, is amended to read as follows:

 (j) (1) The commissioner, in cooperation with other  applicable  state
 agencies,  shall  [
<del>be  authorized  to</del>] collect, retain or modify data or
 records, [
<del>or to</del>] AND SHALL transmit such data or  records:  (I)  to  the
 division of criminal justice services, or to the criminal justice infor
 mation services division of the federal bureau of investigation, for the
 purposes of responding to queries to the national instant criminal back
 ground  check  system  regarding  attempts to purchase or otherwise take
 possession of firearms, as defined in 18 USC  921(a)(3),  in  accordance
 with  applicable federal laws or regulations, OR (II) TO THE DIVISION OF
 CRIMINAL JUSTICE SERVICES, WHICH MAY RE-DISCLOSE SUCH DATA  AND  RECORDS
 ONLY FOR DETERMINING WHETHER A LICENSE ISSUED PURSUANT TO SECTION 400.00
 OF  THE PENAL LAW SHOULD BE DENIED, SUSPENDED OR REVOKED, UNDER SUBDIVI
 SION ELEVEN OF SUCH SECTION, OR FOR DETERMINING WHETHER A PERSON  IS  NO
 LONGER  PERMITTED UNDER FEDERAL OR STATE LAW TO POSSESS A FIREARM.  Such
 records, WHICH MAY NOT BE USED FOR ANY OTHER PURPOSE, shall include only
 names and other non-clinical identifying information of persons who have
 been involuntarily committed to a hospital pursuant to article  nine  of
 this  chapter, OR SECTION FOUR HUNDRED TWO OR SUBDIVISION TWO OF SECTION
 FIVE HUNDRED EIGHT OF THE CORRECTION LAW, or article seven hundred thir
 ty or section 330.20 of the criminal procedure law or sections 322.2  or
 353.4  of the family court act, or to a secure treatment facility pursu
 ant to article ten of this chapter.
 (2) The commissioner shall  establish  within  the  office  of  mental
 health  an administrative process to permit a person who has been or may
 be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
 922(4)(d) OR WHO HAS BEEN OR MAY BE DISQUALIFIED FROM CONTINUING TO HAVE
 A  LICENSE  TO  CARRY,  POSSESS,  REPAIR,  OR DISPOSE OF A FIREARM UNDER
 SECTION 400.00 OF THE PENAL LAW BECAUSE SUCH  PERSON  WAS  INVOLUNTARILY
 COMMITTED  OR  CIVILLY  CONFINED TO A FACILITY UNDER THE JURISDICTION OF
 THE COMMISSIONER, to petition for relief from that disability where such
 person's record and reputation are such that such  person  will  not  be
 likely  to  act  in  a  manner  dangerous to public safety and where the
 granting of the relief would not  be  contrary  to  public  safety.  The
 commissioner  shall  promulgate regulations to establish the relief from
 disabilities program, which  shall  include,  but  not  be  limited  to,
        S. 2230                            10                            A. 2388
 provisions  providing  for: (i) an opportunity for a disqualified person
 to petition for relief in writing; (ii) the authority for the agency  to
 require  that  the  petitioner  undergo  a  clinical evaluation and risk
 assessment;  and (iii) a requirement that the agency issue a decision in
 writing explaining the reasons for a denial  or  grant  of  relief.  The
 denial  of  a  petition  for relief from disabilities may be reviewed de
 novo pursuant to the proceedings  under  article  seventy-eight  of  the
 civil practice law and rules.
 

S  20.  The mental hygiene law is amended by adding a new section 9.46
 to read as follows:

 

S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM  BY  MENTAL  HEALTH
 PROFESSIONALS.
 (A)  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "MENTAL HEALTH PROFES
 SIONAL" SHALL INCLUDE A PHYSICIAN,  PSYCHOLOGIST,  REGISTERED  NURSE  OR
 LICENSED CLINICAL SOCIAL WORKER.
 (B)  NOTWITHSTANDING  ANY  OTHER  LAW  TO  THE CONTRARY, WHEN A MENTAL
 HEALTH PROFESSIONAL CURRENTLY PROVIDING TREATMENT SERVICES TO  A  PERSON
 DETERMINES,  IN  THE  EXERCISE OF REASONABLE PROFESSIONAL JUDGMENT, THAT
 SUCH PERSON IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN  SERIOUS
 HARM  TO  SELF OR OTHERS, HE OR SHE SHALL BE REQUIRED TO REPORT, AS SOON
 AS PRACTICABLE, TO THE DIRECTOR OF COMMUNITY SERVICES, OR THE DIRECTOR'S
 DESIGNEE, WHO SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE  SERVICES
 WHENEVER  HE  OR  SHE AGREES THAT THE PERSON IS LIKELY TO ENGAGE IN SUCH
 CONDUCT.  INFORMATION TRANSMITTED TO THE DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  SHALL  BE  LIMITED TO NAMES AND OTHER NON-CLINICAL IDENTIFYING
 INFORMATION, WHICH MAY ONLY BE USED FOR DETERMINING  WHETHER  A  LICENSE
 ISSUED  PURSUANT  TO SECTION 400.00 OF THE PENAL LAW SHOULD BE SUSPENDED
 OR REVOKED, OR FOR DETERMINING WHETHER A  PERSON  IS  INELIGIBLE  FOR  A
 LICENSE  ISSUED  PURSUANT  TO  SECTION 400.00 OF THE PENAL LAW, OR IS NO
 LONGER PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM.
 (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  REQUIRE  A  MENTAL
 HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON
 ABLE  PROFESSIONAL  JUDGMENT,  WOULD ENDANGER SUCH MENTAL HEALTH PROFES
 SIONAL OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
 (D) THE DECISION OF A MENTAL HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO
 DISCLOSE IN ACCORDANCE WITH THIS SECTION, WHEN MADE  REASONABLY  AND  IN
 GOOD  FAITH,  SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
 OF SUCH MENTAL HEALTH PROFESSIONAL.
 

S 21. Paragraph 5 of subdivision (b) of section  9.47  of  the  mental
 hygiene law is renumbered paragraph 7 and two new paragraphs 5 and 6 are
 added to read as follows:

 (5)  ENSURING  EVALUATION  OF THE NEED FOR ONGOING ASSISTED OUTPATIENT
 TREATMENT PURSUANT TO SUBDIVISION (K) OF SECTION 9.60  OF  THIS  ARTICLE
 PRIOR TO THE EXPIRATION OF ANY ASSISTED OUTPATIENT TREATMENT ORDER;
 (6)  IF  HE  OR  SHE  HAS  BEEN  ORDERED TO PROVIDE FOR OR ARRANGE FOR
 ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH FIVE OF  SUBDIVISION
 (J)  OF  SECTION 9.60 OF THIS ARTICLE OR BECAME THE APPROPRIATE DIRECTOR
 PURSUANT TO THIS PARAGRAPH OR SUBDIVISION (C) OF SECTION  9.48  OF  THIS
 ARTICLE,  NOTIFYING THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY
 OF RESIDENCE WHEN HE OR SHE HAS  REASON  TO  BELIEVE  THAT  AN  ASSISTED
 OUTPATIENT  HAS OR WILL CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE
 PENDENCY OF AN ASSISTED OUTPATIENT TREATMENT ORDER.  UPON SUCH CHANGE OF
 RESIDENCE, THE DIRECTOR OF THE NEW COUNTY OF RESIDENCE SHALL BECOME  THE
 APPROPRIATE  DIRECTOR,  AS  SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS
 ARTICLE; AND
        S. 2230                            11                            A. 2388
 

S 22.

Section 9.48 of the mental hygiene law is amended  by  adding  a
 new subdivision (c) to read as follows:

 (C)  DIRECTORS  OF  ASSISTED  OUTPATIENT  TREATMENT PROGRAMS PROVIDING
 SERVICES DESCRIBED IN PARAGRAPH ONE OF SUBDIVISION (A) OF  SECTION  9.60
 OF  THIS  ARTICLE  PURSUANT TO ANY COURT ORDER ISSUED UNDER SUCH SECTION
 SHALL EVALUATE THE NEED FOR ONGOING ASSISTED OUTPATIENT TREATMENT PURSU
 ANT TO SUBDIVISION (K) OF SECTION 9.60 OF  THIS  ARTICLE  PRIOR  TO  THE
 EXPIRATION  OF ANY ASSISTED OUTPATIENT TREATMENT ORDER; AND SHALL NOTIFY
 THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY OF  RESIDENCE  WHEN
 HE  OR SHE HAS REASON TO BELIEVE THAT AN ASSISTED OUTPATIENT HAS OR WILL
 CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE PENDENCY OF AN ASSISTED
 OUTPATIENT TREATMENT ORDER.  UPON SUCH CHANGE OF RESIDENCE, THE DIRECTOR
 OF THE NEW COUNTY OF RESIDENCE SHALL BECOME THE APPROPRIATE DIRECTOR, AS
 SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS ARTICLE.
 

S 23. Paragraph 3 of subdivision (a), paragraphs 2 and 5  of  subdivi
 sion  (j)  and  subdivisions  (k)  and (n) of section 9.60 of the mental
 hygiene law, as amended by chapter 158 of the laws of 2005, are  amended
 to read as follows:

 (3)  "director  of  community  services" and "local governmental unit"
 shall have the same meanings as provided in article  forty-one  of  this
 chapter.  THE "APPROPRIATE DIRECTOR" SHALL MEAN THE DIRECTOR OF COMMUNI
 TY SERVICES OF THE COUNTY WHERE THE ASSISTED OUTPATIENT RESIDES, EVEN IF
 IT  IS  A DIFFERENT COUNTY THAN THE COUNTY WHERE THE ASSISTED OUTPATIENT
 TREATMENT ORDER WAS ORIGINALLY ISSUED.
 (2) If after hearing all relevant evidence, the court finds  by  clear
 and  convincing  evidence  that  the  subject  of the petition meets the
 criteria for assisted outpatient treatment, and there is no  appropriate
 and  feasible  less  restrictive  alternative,  the  court may order the
 subject to receive assisted outpatient treatment for an  initial  period
 not to exceed [
<del>six months</del>] ONE YEAR.  In fashioning the order, the court
 shall  specifically  make findings by clear and convincing evidence that
 the proposed treatment is the least  restrictive  treatment  appropriate
 and  feasible  for the subject. The order shall state an assisted outpa
 tient treatment plan, which shall include  all  categories  of  assisted
 outpatient  treatment,  as set forth in paragraph one of subdivision (a)
 of this section, which the assisted outpatient is to receive, but  shall
 not  include any such category that has not been recommended in both the
 proposed written treatment plan and the testimony provided to the  court
 pursuant to subdivision (i) of this section.
 (5)  If  the petitioner is the director of a hospital that operates an
 assisted outpatient treatment program, the court order shall direct  the
 hospital  director  to provide or arrange for all categories of assisted
 outpatient treatment for the assisted outpatient throughout  the  period
 of  the order. [
<del>For all other persons</del>] IN ALL OTHER INSTANCES, the order
 shall require the APPROPRIATE director [
<del>of  community  services  of  the</del>
 
<del>appropriate  local  governmental  unit</del>], AS THAT TERM IS DEFINED IN THIS
 SECTION, to provide or arrange for all categories of assisted outpatient
 treatment for the assisted  outpatient  throughout  the  period  of  the
 order.
 (k)  Petition  for  additional  periods of treatment. (1) PRIOR TO THE
 EXPIRATION OF AN ORDER PURSUANT TO THIS SECTION, THE APPROPRIATE  DIREC
 TOR  SHALL  REVIEW WHETHER THE ASSISTED OUTPATIENT CONTINUES TO MEET THE
 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT. IF,  AS  DOCUMENTED  IN  THE
 PETITION,  THE DIRECTOR DETERMINES THAT SUCH CRITERIA CONTINUE TO BE MET
 OR HAS MADE APPROPRIATE ATTEMPTS TO, BUT  HAS  NOT  BEEN  SUCCESSFUL  IN
 ELICITING,  THE  COOPERATION OF THE SUBJECT TO SUBMIT TO AN EXAMINATION,
        S. 2230                            12                            A. 2388
 WITHIN THIRTY DAYS PRIOR TO THE  EXPIRATION  OF  AN  ORDER  OF  ASSISTED
 OUTPATIENT  TREATMENT,  SUCH  DIRECTOR  MAY  PETITION THE COURT TO ORDER
 CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT  TO  PARAGRAPH  TWO  OF
 THIS  SUBDIVISION. UPON DETERMINING WHETHER SUCH CRITERIA CONTINUE TO BE
 MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINATOR IN WRITING AS TO
 WHETHER A  PETITION  FOR  CONTINUED  ASSISTED  OUTPATIENT  TREATMENT  IS
 WARRANTED AND WHETHER SUCH A PETITION WAS OR WILL BE FILED.
 (2) Within thirty days prior to the expiration of an order of assisted
 outpatient  treatment, the appropriate director or the current petition
 er, if the current petition was filed pursuant to  subparagraph  (i)  or
 (ii)  of  paragraph  one  of  subdivision  (e)  of this section, and the
 current petitioner retains his or her original status  pursuant  to  the
 applicable  subparagraph,  may  petition  the  court  to order continued
 assisted outpatient treatment for a period not to exceed one  year  from
 the  expiration date of the current order. If the court's disposition of
 such petition does not occur prior to the expiration date of the current
 order, the current order shall remain in effect until such  disposition.
 The  procedures  for  obtaining  any  order pursuant to this subdivision
 shall be in accordance with the provisions of the foregoing subdivisions
 of this section; provided that the time restrictions included  in  para
 graph  four  of subdivision (c) of this section shall not be applicable.
 The notice provisions set forth in paragraph six of subdivision  (j)  of
 this  section  shall be applicable.   Any court order requiring periodic
 blood tests or urinalysis for the presence of alcohol or  illegal  drugs
 shall  be subject to review after six months by the physician who devel
 oped the written treatment plan or another physician designated  by  the
 director, and such physician shall be authorized to terminate such blood
 tests or urinalysis without further action by the court.
 (n) Failure to comply with assisted outpatient treatment. Where in the
 clinical  judgment  of  a  physician,  (i)  the assisted outpatient, has
 failed or refused to comply with the assisted outpatient treatment, (ii)
 efforts were made to solicit compliance, and (iii) such assisted  outpa
 tient  may be in need of involuntary admission to a hospital pursuant to
 section 9.27 of this article or immediate observation, care  and  treat
 ment  pursuant  to  section 9.39 or 9.40 of this article, such physician
 may request the APPROPRIATE director of community services,  the  direc
 tor's designee, or any physician designated by the director of community
 services pursuant to section 9.37 of this article, to direct the removal
 of  such  assisted outpatient to an appropriate hospital for an examina
 tion to determine if such person has a mental illness for  which  hospi
 talization  is  necessary pursuant to section 9.27, 9.39 or 9.40 of this
 article. Furthermore, if such assisted outpatient refuses to take  medi
 cations as required by the court order, or he or she refuses to take, or
 fails  a  blood test, urinalysis, or alcohol or drug test as required by
 the court order, such physician may consider  such  refusal  or  failure
 when  determining whether the assisted outpatient is in need of an exam
 ination to determine whether he or she has a mental  illness  for  which
 hospitalization  is  necessary.  Upon the request of such physician, the
 APPROPRIATE director, the director's designee, or any  physician  desig
 nated  pursuant  to section 9.37 of this article, may direct peace offi
 cers, acting pursuant to their special duties, or  police  officers  who
 are  members  of  an authorized police department or force or of a sher
 iff's department to take the assisted outpatient into custody and trans
 port him or her to the hospital operating the assisted outpatient treat
 ment program or to any hospital authorized by the director of  community
 services  to  receive such persons. Such law enforcement officials shall
        S. 2230                            13                            A. 2388
 carry out such directive. Upon the request of such physician, the APPRO
 PRIATE director, the director's designee, or  any  physician  designated
 pursuant  to  section  9.37  of  this  article, an ambulance service, as
 defined  by  subdivision two of section three thousand one of the public
 health law, or an approved mobile crisis outreach  team  as  defined  in
 section  9.58  of  this article shall be authorized to take into custody
 and transport any such person to the  hospital  operating  the  assisted
 outpatient treatment program, or to any other hospital authorized by the
 APPROPRIATE  director of community services to receive such persons. Any
 director of community services, or  designee,  shall  be  authorized  to
 direct  the  removal  of an assisted outpatient who is present in his or
 her county to an appropriate hospital, in accordance with the provisions
 of this subdivision, based  upon  a  determination  of  the  appropriate
 director  of  community  services directing the removal of such assisted
 outpatient pursuant to this subdivision. Such person may be retained for
 observation, care and treatment and further examination in the  hospital
 for  up  to seventy-two hours to permit a physician to determine whether
 such person has a mental illness and is in need of involuntary care  and
 treatment  in a hospital pursuant to the provisions of this article. Any
 continued involuntary retention in  such  hospital  beyond  the  initial
 seventy-two  hour  period  shall be in accordance with the provisions of
 this article relating to the involuntary admission and  retention  of  a
 person.  If at any time during the seventy-two hour period the person is
 determined  not  to  meet  the  involuntary  admission   and   retention
 provisions  of  this article, and does not agree to stay in the hospital
 as a voluntary or informal patient, he or she must be released.  Failure
 to  comply  with  an order of assisted outpatient treatment shall not be
 grounds for involuntary civil commitment or a  finding  of  contempt  of
 court.
 

S  24.  Subdivision (g) of section 13.09 of the mental hygiene law, as
 amended by chapter 168 of the laws  of  2010,  is  amended  to  read  as
 follows:

 (g)  (1)  The commissioner, in cooperation with other applicable state
 agencies, shall [
<del>be authorized to</del>] collect, retain  or  modify  data  or
 records,  [
<del>or  to</del>]  AND  SHALL transmit such data or records to: (I) the
 division of criminal justice services, or to the criminal justice infor
 mation services division of the federal bureau of investigation, for the
 purposes of responding to queries to the national instant criminal back
 ground check system regarding attempts to  purchase  or  otherwise  take
 possession  of  firearms,  as defined in 18 USC 921(a)(3), in accordance
 with applicable federal laws or regulations, OR (II) TO THE DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES,  FOR  THE PURPOSES OF DETERMINING WHETHER A
 LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  SHOULD  BE
 DENIED,  SUSPENDED OR REVOKED, UNDER SUBDIVISION ELEVEN OF SUCH SECTION,
 OR FOR DETERMINING WHETHER A PERSON IS NO LONGER PERMITTED UNDER FEDERAL
 OR STATE LAW TO POSSESS A FIREARM.   Such  records  shall  include  only
 names and other non-clinical identifying information of persons who have
 had  a  guardian  appointed  for them 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, they
 lack the mental capacity to contract or manage their  own  affairs,  and
 persons  who have been involuntarily committed to a facility pursuant to
 article fifteen of this chapter, or  article  seven  hundred  thirty  or
 section  330.20 of the criminal procedure law or sections 322.2 or 353.4
 of the family court act.
        S. 2230                            14                            A. 2388
 (2) The commissioner shall establish within the office for people with
 developmental disabilities an administrative process to permit a  person
 who  has  been  or  may  be  disqualified from possessing such a firearm
 pursuant to 18 USC 922(4)(d), OR WHO HAS BEEN  OR  MAY  BE  DISQUALIFIED
 FROM  CONTINUING TO HAVE A LICENSE TO CARRY, POSSESS, REPAIR, OR DISPOSE
 OF A FIREARM UNDER SECTION 400.00 OF THE PENAL LAW BECAUSE  SUCH  PERSON
 WAS  INVOLUNTARILY COMMITTED OR CIVILLY CONFINED TO A FACILITY UNDER THE
 JURISDICTION OF THE COMMISSIONER, to petition for relief from that disa
 bility where such person's record and  reputation  are  such  that  such
 person  will not be likely to act in a manner dangerous to public safety
 and where the granting of the relief would not  be  contrary  to  public
 safety.  The  commissioner shall promulgate regulations to establish the
 relief from disabilities program, which shall include, but not be limit
 ed to, provisions providing for: (i) an opportunity for  a  disqualified
 person  to  petition  for  relief in writing; (ii) the authority for the
 agency to require that the petitioner undergo a clinical evaluation  and
 risk  assessment;  and (iii) a requirement that the agency issue a deci
 sion in writing explaining the reasons for a denial or grant of  relief.
 The denial of a petition for relief from disabilities may be reviewed de
 novo  pursuant  to  the  proceedings  under article seventy-eight of the
 civil practice law and rules.
 

S 25. Paragraph 12 of subdivision (c) of section 33.13 of  the  mental
 hygiene  law,  as amended by chapter 158 of the laws of 2005, is amended
 and a new paragraph 15 is added to read as follows:

 12. to a director of community services as defined in article nine  of
 this  chapter or his OR HER designee, provided that such director or his
 or her designee (I) requests such information in the exercise of his  or
 her  statutory  functions,  powers  and duties pursuant to section 9.37,
 9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter; OR (II) THE  DISCLOSURE
 OF INFORMATION IS REQUIRED PURSUANT TO SECTION 9.46 OF THIS CHAPTER.
 15.  TO  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES, NAMES AND OTHER
 NON-CLINICAL IDENTIFYING INFORMATION FOR THE SOLE PURPOSE OF  IMPLEMENT
 ING THE DIVISION'S RESPONSIBILITIES AND DUTIES UNDER SECTIONS 400.00 AND
 400.02 OF THE PENAL LAW.
 

S 26.

Section 10.00 of the penal law is amended by adding a new subdi
 vision 21 to read as follows:

 21.  "DRUG  TRAFFICKING  FELONY"  MEANS  ANY OF THE FOLLOWING OFFENSES
 DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER: VIOLATION OF  USE
 OF  A  CHILD  TO  COMMIT  A  CONTROLLED  SUBSTANCE OFFENSE AS DEFINED IN
 SECTION 220.28; CRIMINAL SALE OF A CONTROLLED SUBSTANCE  IN  THE  FOURTH
 DEGREE  AS  DEFINED  IN  SECTION  220.34;  CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE THIRD DEGREE AS DEFINED  IN  SECTION  220.39;  CRIMINAL
 SALE  OF  A  CONTROLLED  SUBSTANCE  IN  THE  SECOND DEGREE AS DEFINED IN
 SECTION 220.41; CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN  THE  FIRST
 DEGREE  AS  DEFINED  IN  SECTION  220.43;  CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN OR NEAR SCHOOL GROUNDS AS DEFINED IN SECTION 220.44; UNLAW
 FUL MANUFACTURE OF METHAMPHETAMINE IN THE SECOND DEGREE  AS  DEFINED  IN
 SECTION  220.74;  UNLAWFUL  MANUFACTURE  OF METHAMPHETAMINE IN THE FIRST
 DEGREE AS DEFINED IN SECTION 220.75; OR OPERATING AS A MAJOR  TRAFFICKER
 AS DEFINED IN SECTION 220.77.
 

S  26-a.  The  penal law is amended by adding a new section 60.11-a to
 read as follows:

 

S 60.11-A AUTHORIZED DISPOSITIONS;  CERTAIN  CRIMINAL  POSSESSION  OF  A
 WEAPON IN THE THIRD DEGREE OFFENDERS.
 WHEN A PERSON IS TO BE SENTENCED UPON CONVICTION OF THE CRIME OF CRIM
 INAL  POSSESSION  OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN SUBDIVI
        S. 2230                            15                            A. 2388
 SION TEN OF SECTION 265.02 OF THIS CHAPTER, THE COURT MUST SENTENCE SUCH
 DEFENDANT TO A DETERMINATE SENTENCE AS PROVIDED IN SUBPARAGRAPH (II)  OF
 PARAGRAPH  (C)  OF  SUBDIVISION  THREE OF SECTION 70.02 OF THIS CHAPTER,
 UNLESS  A  GREATER  MINIMUM  SENTENCE  IS  OTHERWISE REQUIRED BY ANOTHER
 PROVISION OF THIS CHAPTER.
 

S 27. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
 penal  law,  paragraph (b) as amended by chapter 148 of the laws of 2011
 and paragraph (c) as amended by chapter 405 of the  laws  of  2010,  are
 amended to read as follows:

 (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra
 vated criminally negligent homicide as defined in section 125.11, aggra
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, fireman or emergency
 medical services professional as defined in section 120.08, assault on a
 judge as defined in section 120.09, gang assault in the second degree as
 defined  in section 120.06, strangulation in the first degree as defined
 in section 121.13, burglary in the second degree as defined  in  section
 140.25, robbery in the second degree as defined in section 160.10, crim
 inal  possession  of a weapon in the second degree as defined in section
 265.03, criminal use of a firearm in the second  degree  as  defined  in
 section  265.08,  criminal  sale  of  a  firearm in the second degree as
 defined in section 265.12, criminal sale of a firearm with the aid of  a
 minor  as defined in section 265.14, AGGRAVATED CRIMINAL POSSESSION OF A
 WEAPON AS DEFINED IN SECTION 265.19, soliciting or providing support for
 an act of terrorism in the first degree as defined  in  section  490.15,
 hindering  prosecution  of  terrorism in the second degree as defined in
 section 490.30, and criminal possession of a chemical weapon or  biolog
 ical weapon in the third degree as defined in section 490.37.
 (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section 120.18, stalking in the first degree, as defined in  subdivision
 one  of section 120.60, strangulation in the second degree as defined in
 section 121.12, rape in the second degree as defined in section  130.30,
 criminal  sexual  act in the second degree as defined in section 130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual conduct against a child  in  the  second  degree  as  defined  in
 section  130.80,  aggravated sexual abuse in the third degree as defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, criminal possession of a weapon
 in the third degree as defined in subdivision  five,  six,  seven  [
<del>or</del>],
 eight,  NINE OR TEN of section 265.02, criminal sale of a firearm in the
 third degree as defined in section  265.11,  intimidating  a  victim  or
 witness in the second degree as defined in section 215.16, soliciting or
 providing  support  for  an  act  of  terrorism  in the second degree as
 defined in section 490.10, and making a terroristic threat as defined in
 section 490.20, falsely reporting an incident in  the  first  degree  as
 defined  in  section 240.60, placing a false bomb or hazardous substance
 in the first degree as defined in section 240.62, placing a  false  bomb
 or hazardous substance in a sports stadium or arena, mass transportation
 facility  or  enclosed  shopping  mall as defined in section 240.63, and
 aggravated unpermitted use of indoor pyrotechnics in the first degree as
 defined in section 405.18.
        S. 2230                            16                            A. 2388
 

S 28. The opening paragraph of  paragraph  (c)  of  subdivision  2  of
 section 70.02 of the penal law, as amended by chapter 764 of the laws of
 2005, is amended to read as follows:

 Except  as  provided in subdivision six of section 60.05, the sentence
 imposed upon a person who stands convicted of the class D violent felony
 offenses of criminal possession of a  weapon  in  the  third  degree  as
 defined  in  subdivision  [
<del>four,</del>]  five,  seven  [
<del>or</del>],  eight OR NINE of
 section 265.02, criminal sale of  a  firearm  in  the  third  degree  as
 defined  in  section 265.11 or the class E violent felonies of attempted
 criminal possession of a weapon in the third degree as defined in subdi
 vision [
<del>four,</del>] five, seven [
<del>or</del>], eight OR NINE of section 265.02 must be
 a sentence to a determinate period of imprisonment, or, in the  alterna
 tive,  a  definite sentence of imprisonment for a period of no less than
 one year, except that:

 

S 29. Paragraph (b) of subdivision 3 of section  70.02  of  the  penal
 law,  as  amended by chapter 765 of the laws of 2005, is amended to read
 as follows:

 (b) For a class C felony, the term must be at least three and one-half
 years and must not exceed fifteen years,  provided,  however,  that  the
 term  must be: (i) at least seven years and must not exceed twenty years
 where the sentence is for the crime of aggravated  manslaughter  in  the
 second  degree  as  defined  in  section 125.21 of this chapter; (ii) at
 least seven years and must not exceed twenty years where the sentence is
 for the crime of attempted aggravated assault upon a police  officer  or
 peace  officer as defined in section 120.11 of this chapter; [
<del>and</del>] (iii)
 at least three and one-half years and must not exceed twenty years where
 the sentence is for the crime of aggravated criminally  negligent  homi
 cide  as  defined  in  section 125.11 of this chapter; AND (IV) AT LEAST
 FIVE YEARS AND MUST NOT EXCEED  FIFTEEN  YEARS  WHERE  THE  SENTENCE  IS
 IMPOSED  FOR  THE CRIME OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS
 DEFINED IN SECTION 265.19 OF THIS CHAPTER;
 

S 30. Paragraph (c) of subdivision 3 of section  70.02  of  the  penal
 law,  as  amended by chapter 765 of the laws of 2005, is amended to read
 as follows:

 (c) For a class D felony, the term must be at least two years and must
 not exceed seven years, provided, however, that the term must be: (I) at
 least two years and must not exceed eight years where  the  sentence  is
 for  the  crime of menacing a police officer or peace officer as defined
 in section 120.18 of this chapter; and (II) AT LEAST THREE AND  ONE-HALF
 YEARS  AND MUST NOT EXCEED SEVEN YEARS WHERE THE SENTENCE IS IMPOSED FOR
 THE CRIME OF CRIMINAL POSSESSION OF A WEAPON  IN  THE  THIRD  DEGREE  AS
 DEFINED IN SUBDIVISION TEN OF SECTION 265.02 OF THIS CHAPTER;
 

S  31. The penal law is amended by adding a new section 115.20 to read
 as follows:

 

S 115.20 CRIMINAL FACILITATION; DEFINITIONS AND CONSTRUCTION.
 FOR PURPOSES OF THIS ARTICLE, SUCH CONDUCT SHALL INCLUDE, BUT  NOT  BE
 LIMITED  TO,  MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
 OF A COMMUNITY GUN, WHICH IN FACT, AIDS A  PERSON  TO  COMMIT  A  CRIME.
 "COMMUNITY  GUN"  SHALL  MEAN  A  FIREARM  THAT IS ACTUALLY SHARED, MADE
 AVAILABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR
 MORE PERSONS, AT LEAST ONE OF WHOM IS NOT AUTHORIZED PURSUANT TO LAW  TO
 POSSESS  SUCH  FIREARM. "DISPOSE OF" SHALL HAVE THE SAME MEANING AS THAT
 TERM IS DEFINED IN SECTION 265.00 OF THIS  CHAPTER.  "SHARE"  AND  "MAKE
 AVAILABLE"  SHALL,  IN  THE  CASE  OF A FIREARM, BE CONSTRUED TO INCLUDE
 KNOWINGLY PLACING SUCH FIREARM AT A LOCATION ACCESSIBLE AND KNOWN TO ONE
 OR MORE OTHER PERSONS.
        S. 2230                            17                            A. 2388
 

S 32.

Section 120.05 of the penal law  is  amended  by  adding  a  new
 subdivision 4-a to read as follows:

 4-A.  HE  RECKLESSLY CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHO IS A
 CHILD UNDER THE AGE OF EIGHTEEN BY INTENTIONAL DISCHARGE OF  A  FIREARM,
 RIFLE OR SHOTGUN; OR
 

S  33.  Sections  34,  35 and 36 of this act shall be known and may be
 cited as "Mark's Law".
 

S 34. The opening paragraph of subdivision 1 of section 125.26 of  the
 penal  law,  as  added by chapter 765 of the laws of 2005, is amended to
 read as follows:

 With intent to cause the death of another person, he or she causes the
 death of such person, or of a third person who was a person described in
 subparagraph (i), (ii), (II-A) or (iii) of paragraph (a) of this  subdi
 vision  engaged  at  the time of the killing in the course of performing
 his or her official duties; and
 

S 35. Paragraph (a) of subdivision 1 of section 125.26  of  the  penal
 law is amended by adding a new subparagraph (ii-a) to read as follows:

 (II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH
 NICIAN,  AMBULANCE  DRIVER,  PARAMEDIC,  PHYSICIAN  OR  REGISTERED NURSE
 INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO,  IN  THE
 COURSE  OF  OFFICIAL  DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES AND
 WAS ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE  DEFENDANT
 KNEW  OR  REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS SUCH
 FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER,  PARAMEDIC,
 PHYSICIAN OR REGISTERED NURSE; OR
 

S  36.  Paragraph  (a) of subdivision 1 of section 125.27 of the penal
 law is amended by adding a new subparagraph (ii-a) to read as follows:

 (II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH
 NICIAN, AMBULANCE  DRIVER,  PARAMEDIC,  PHYSICIAN  OR  REGISTERED  NURSE
 INVOLVED  IN  A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN THE
 COURSE OF OFFICIAL DUTIES, PERFORMS EMERGENCY  RESPONSE  ACTIVITIES  AND
 WAS  ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE DEFENDANT
 KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM  WAS  SUCH
 FIREFIGHTER,  EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC,
 PHYSICIAN OR REGISTERED NURSE; OR
 

S 37. Subdivision 22 of section 265.00 of the penal law, as  added  by
 chapter 189 of the laws of 2000, is amended to read as follows:

 22.  "Assault  weapon"  means  [
<del>(a)  a semiautomatic rifle that has an</del>
 
<del>ability to accept a detachable magazine and has  at  least  two  of  the</del>
 
<del>following characteristics:</del>
 
<del>(i) a folding or telescoping stock;</del>
 
<del>(ii)  a pistol grip that protrudes conspicuously beneath the action of</del>
 
<del>the weapon;</del>
 
<del>(iii) a bayonet mount;</del>
 
<del>(iv) a flash suppressor or threaded barrel designed to  accommodate  a</del>
 
<del>flash suppressor;</del>
 
<del>(v) a grenade launcher; or</del>
 
<del>(b)  a  semiautomatic  shotgun  that has at least two of the following</del>
 
<del>characteristics:</del>
 
<del>(i) a folding or telescoping stock;</del>
 
<del>(ii) a pistol grip that protrudes conspicuously beneath the action  of</del>
 
<del>the weapon;</del>
 
<del>(iii) a fixed magazine capacity in excess of five rounds;</del>
 
<del>(iv) an ability to accept a detachable magazine; or</del>
 
<del>(c)  a semiautomatic pistol that has an ability to accept a detachable</del>
 
<del>magazine and has at least two of the following characteristics:</del>
        S. 2230                            18                            A. 2388
 
<del>(i) an ammunition magazine that attaches to the pistol outside of  the</del>
 
<del>pistol grip;</del>
 
<del>(ii)  a  threaded barrel capable of accepting a barrel extender, flash</del>
 
<del>suppressor, forward handgrip, or silencer;</del>
 
<del>(iii) a shroud that is attached to, or partially or completely  encir-</del>
 
<del>cles,  the  barrel and that permits the shooter to hold the firearm with</del>
 
<del>the nontrigger hand without being burned;</del>
 
<del>(iv) a manufactured weight of fifty ounces or more when the pistol  is</del>
 
<del>unloaded;</del>
 
<del>(v) a semiautomatic version of an automatic rifle, shotgun or firearm;</del>
 
<del>or</del>
 
<del>(d)  any  of  the  weapons, or functioning frames or receivers of such</del>
 
<del>weapons, or copies or duplicates of such weapons, in any caliber,  known</del>
 
<del>as:</del>
 
<del>(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all</del>
 
<del>models);</del>
 
<del>(ii) Action Arms Israeli Military Industries UZI and Galil;</del>
 
<del>(iii) Beretta Ar70 (SC-70);</del>
 
<del>(iv) Colt AR-15;</del>
 
<del>(v) Fabrique National FN/FAL, FN/LAR, and FNC;</del>
 
<del>(vi) SWD M-10, M-11, M-11/9, and M-12;</del>
 
<del>(vii) Steyr AUG;</del>
 
<del>(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and</del>
 
<del>(ix)  revolving  cylinder shotguns, such as (or similar to) the Street</del>
 
<del>Sweeper and Striker 12;</del>
 
<del>(e) provided, however, that such term does not include: (i) any rifle,</del>
 
<del>shotgun or pistol that (A) is manually operated by bolt, pump, lever  or</del>
 
<del>slide action; (B) has been rendered permanently inoperable; or (C) is an</del>
 
<del>antique firearm as defined in 18 U.S.C. 921(a)(16);</del>
 
<del>(ii)  a  semiautomatic  rifle that cannot accept a detachable magazine</del>
 
<del>that holds more than five rounds of ammunition;</del>
 
<del>(iii) a semiautomatic shotgun that cannot hold more than  five  rounds</del>
 
<del>of ammunition in a fixed or detachable magazine;</del>
 
<del>(iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,</del>
 
<del>specified in Appendix A to section 922 of 18 U.S.C. as such  weapon  was</del>
 
<del>manufactured  on  October first, nineteen hundred ninety-three. The mere</del>
 
<del>fact that a weapon is not listed in Appendix A shall not be construed to</del>
 
<del>mean that such weapon is an assault weapon; or</del>
 
<del>(v) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic</del>
 
<del>pistol  or  any of the weapons defined in paragraph (d) of this subdivi-</del>
 
<del>sion lawfully possessed prior to September fourteenth, nineteen  hundred</del>
 
<del>ninety-four.</del>]
 (A)  A  SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
 MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

 (I) A FOLDING OR TELESCOPING STOCK;
 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
 THE WEAPON;
 (III) A THUMBHOLE STOCK;
 (IV)  A  SECOND  HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
 NON-TRIGGER HAND;
 (V) A BAYONET MOUNT;
 (VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
 BARREL DESIGNED TO ACCOMMODATE A  FLASH  SUPPRESSOR,  MUZZLE  BREAK,  OR
 MUZZLE COMPENSATOR;
 (VII) A GRENADE LAUNCHER; OR
        S. 2230                            19                            A. 2388
 (B)  A  SEMIAUTOMATIC  SHOTGUN  THAT HAS AT LEAST ONE OF THE FOLLOWING
 CHARACTERISTICS:

 (I) A FOLDING OR TELESCOPING STOCK;
 (II) A THUMBHOLE STOCK;
 (III)  A  SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
 NON-TRIGGER HAND;
 (IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
 (V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
 (C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHABLE
 MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

 (I) A FOLDING OR TELESCOPING STOCK;
 (II) A THUMBHOLE STOCK;
 (III)  A  SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
 NON-TRIGGER HAND;
 (IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT  ATTACHES  TO  THE
 PISTOL OUTSIDE OF THE PISTOL GRIP;
 (V)  A  THREADED  BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
 (VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR  COMPLETELY  ENCIR
 CLES,  THE  BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
 THE NON-TRIGGER HAND WITHOUT BEING BURNED;
 (VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
 UNLOADED; OR
 (VIII) A SEMIAUTOMATIC VERSION  OF  AN  AUTOMATIC  RIFLE,  SHOTGUN  OR
 FIREARM;
 (D) A REVOLVING CYLINDER SHOTGUN;
 (E)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
 PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF  SUBDI
 VISION  TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER
 ONE HUNDRED EIGHTY-NINE OF  THE  LAWS  OF  TWO  THOUSAND  AND  OTHERWISE
 LAWFULLY  POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
 PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;
 (F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
 PISTOL  OR  WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI
 SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF  THE  CHAPTER  OF  THE
 LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;
 (G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:

 (I)  ANY  RIFLE,  SHOTGUN  OR  PISTOL THAT (A) IS MANUALLY OPERATED BY
 BOLT, PUMP, LEVER OR SLIDE ACTION; (B)  HAS  BEEN  RENDERED  PERMANENTLY
 INOPERABLE;  OR  (C)  IS  AN  ANTIQUE  FIREARM  AS  DEFINED IN 18 U.S.C.
 921(A)(16);
 (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT  A  DETACHABLE  MAGAZINE
 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
 (III)  A  SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
 OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR
 (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE  THEREOF,
 SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED
 ON  OCTOBER  FIRST,  NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A
 WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO  MEAN  THAT
 SUCH WEAPON IS AN ASSAULT WEAPON;
 (V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
 SECTION  400.00  OF  THIS  CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
 PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;
 (VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT  WAS  MANUFACTURED  AT  LEAST
 FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE
        S. 2230                            20                            A. 2388
 OF  THAT  IS  VALIDLY  REGISTERED  PURSUANT  TO SUBDIVISION SIXTEEN-A OF
 SECTION 400.00 OF THIS CHAPTER;
 (H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
 ANY  LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
 BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF  THE  LAWS  OF
 TWO  THOUSAND  THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
 EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS  SUCH
 WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
 ANY  SUCH  TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
 BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN
 TY-TWO HOURS OF SUCH TRANSFER. AN  INDIVIDUAL  WHO  TRANSFERS  ANY  SUCH
 WEAPON  OR  LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
 YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS  OF  THIS  PARAGRAPH
 SHALL  BE  GUILTY  OF  A  CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
 AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS  MADE  ILLEGAL  BY
 THE  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA
 GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP
 TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.
 

S 38. Subdivision 23 of section 265.00 of the penal law, as  added  by
 chapter 189 of the laws of 2000, is amended to read as follows:

 23. "Large capacity ammunition feeding device" means a magazine, belt,
 drum, feed strip, or similar device, [
<del>manufactured after September thir-</del>
 
<del>teenth,  nineteen  hundred  ninety-four,</del>] that (A) has a capacity of, or
 that can be readily restored or  converted  to  accept,  more  than  ten
 rounds  of ammunition, OR (B) CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNI
 TION, OR (C) IS OBTAINED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF  THE
 LAWS  OF  TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION AND HAS A
 CAPACITY OF, OR THAT CAN BE READILY RESTORED  OR  CONVERTED  TO  ACCEPT,
 MORE  THAN SEVEN ROUNDS OF AMMUNITION; provided, however, that such term
 does not include an attached tubular  device  designed  to  accept,  and
 capable  of  operating  only  with,  .22 caliber rimfire ammunition OR A
 FEEDING DEVICE THAT IS A CURIO OR RELIC. A  FEEDING  DEVICE  THAT  IS  A
 CURIO OR RELIC IS DEFINED AS A DEVICE THAT (I) WAS MANUFACTURED AT LEAST
 FIFTY  YEARS  PRIOR  TO  THE CURRENT DATE, (II) IS ONLY CAPABLE OF BEING
 USED EXCLUSIVELY IN A FIREARM, RIFLE, OR SHOTGUN THAT  WAS  MANUFACTURED
 AT LEAST FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLI
 CAS  THEREOF,  (III) IS POSSESSED BY AN INDIVIDUAL WHO IS NOT PROHIBITED
 BY STATE OR FEDERAL LAW FROM POSSESSING A FIREARM AND (IV) IS REGISTERED
 WITH THE DIVISION OF STATE POLICE PURSUANT TO SUBDIVISION  SIXTEEN-A  OF
 SECTION  400.00 OF THIS CHAPTER, EXCEPT SUCH FEEDING DEVICES TRANSFERRED
 INTO THE STATE MAY BE REGISTERED AT ANY TIME, PROVIDED THEY  ARE  REGIS
 TERED  WITHIN  THIRTY  DAYS  OF THEIR TRANSFER INTO THE STATE.  NOTWITH
 STANDING PARAGRAPH (H) OF SUBDIVISION TWENTY-TWO OF THIS  SECTION,  SUCH
 FEEDING  DEVICES MAY BE TRANSFERRED PROVIDED THAT SUCH TRANSFER SHALL BE
 SUBJECT TO THE PROVISIONS OF SECTION 400.03 OF  THIS  CHAPTER  INCLUDING
 THE CHECK REQUIRED TO BE CONDUCTED PURSUANT TO SUCH SECTION.
 

S  39. 

Section  265.00  of  the  penal law is amended by adding a new
 subdivision 24 to read as follows:

 24. "SELLER OF AMMUNITION" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO
 RATION OR COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING  OR
 KEEPING AMMUNITION.
 

S 40.

Section 265.01 of the penal law, as added by chapter 1041 of the
 laws  of  1974,  subdivision  1 as amended by chapter 257 of the laws of
 2008, subdivision 2 as amended by chapter  220  of  the  laws  of  1988,
 subdivision 3 as amended by chapter 199 of the laws of 2006, subdivision
 4  as amended by chapter 357 of the laws of 2011, subdivision 7 as added
        S. 2230                            21                            A. 2388
 by chapter 807 of the laws of 1981, and subdivision 8 as added by  chap
 ter 646 of the laws of 1986, is amended to read as follows:

 

S 265.01 Criminal possession of a weapon in the fourth degree.
 A  person  is  guilty of criminal possession of a weapon in the fourth
 degree when:

 (1) He or she possesses any firearm, electronic dart  gun,  electronic
 stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
 knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
 metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling
 shot or slungshot, shirken or "Kung Fu star"; or
 (2)  He  possesses any dagger, dangerous knife, dirk, razor, stiletto,
 imitation pistol, or any other dangerous or deadly instrument or  weapon
 with intent to use the same unlawfully against another; or
 (3) [
<del>He or she knowingly has in his or her possession a rifle, shotgun</del>
 
<del>or  firearm  in  or  upon  a  building  or grounds, used for educational</del>
 
<del>purposes, of any school, college  or  university,  except  the  forestry</del>
 
<del>lands, wherever located, owned and maintained by the State University of</del>
 
<del>New York college of environmental science and forestry, or upon a school</del>
 
<del>bus as defined in section one hundred forty-two of the vehicle and traf-</del>
 
<del>fic  law, without the written authorization of such educational institu-</del>
 
<del>tion</del>]; or
 (4) He possesses a  rifle,  shotgun,  antique  firearm,  black  powder
 rifle, black powder shotgun, or any muzzle-loading firearm, and has been
 convicted of a felony or serious offense; or
 (5)  He  possesses any dangerous or deadly weapon and is not a citizen
 of the United States; or
 (6) He is a person who has been certified not suitable  to  possess  a
 rifle  or  shotgun, as defined in subdivision sixteen of section 265.00,
 and refuses to yield possession of such rifle or shotgun upon the demand
 of a police officer. Whenever a person  is  certified  not  suitable  to
 possess  a  rifle or shotgun, a member of the police department to which
 such certification is made, or of  the  state  police,  shall  forthwith
 seize  any rifle or shotgun possessed by such person. A rifle or shotgun
 seized as herein provided shall not be destroyed, but shall be delivered
 to the headquarters of such police  department,  or  state  police,  and
 there retained until the aforesaid certificate has been rescinded by the
 director  or  physician in charge, or other disposition of such rifle or
 shotgun has been ordered or authorized by a court of competent jurisdic
 tion.
 (7) He knowingly possesses a bullet containing an explosive  substance
 designed to detonate upon impact.
 (8)  He possesses any armor piercing ammunition with intent to use the
 same unlawfully against another.
 Criminal possession of a weapon in the fourth  degree  is  a  class  A
 misdemeanor.
 

S  41.  The  penal  law is amended by adding a new section 265.01-a to
 read as follows:

 

S 265.01-A. CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS.
 A PERSON IS GUILTY OF  CRIMINAL  POSSESSION  OF  A  WEAPON  ON  SCHOOL
 GROUNDS  WHEN  HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,
 SHOTGUN, OR FIREARM IN OR UPON A BUILDING OR GROUNDS,  USED  FOR  EDUCA
 TIONAL  PURPOSES,  OF  ANY  SCHOOL,  COLLEGE,  OR UNIVERSITY, EXCEPT THE
 FORESTRY LANDS, WHEREVER LOCATED, OWNED  AND  MAINTAINED  BY  THE  STATE
 UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, OR
 UPON  A  SCHOOL  BUS  AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE
        S. 2230                            22                            A. 2388
 VEHICLE AND TRAFFIC LAW,  WITHOUT  THE  WRITTEN  AUTHORIZATION  OF  SUCH
 EDUCATIONAL INSTITUTION.
 CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS IS A CLASS E FELONY.
 

S  41-a.  The penal law is amended by adding a new section 265.01-b to
 read as follows:

 

S 265.01-B CRIMINAL POSSESSION OF A FIREARM.
 A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM WHEN HE OR SHE:

 (1) POSSESSES ANY FIREARM OR; (2) LAWFULLY POSSESSES A FIREARM PRIOR  TO
 THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN
 WHICH ADDED THIS SECTION SUBJECT TO  THE  REGISTRATION  REQUIREMENTS  OF
 SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER AND KNOWINGLY
 FAILS TO REGISTER SUCH FIREARM PURSUANT TO SUCH SUBDIVISION.
 CRIMINAL POSSESSION OF A FIREARM IS A CLASS E FELONY.
 

S 41-b. Subdivision 8 of section 265.02 of the penal law,  as  amended
 by  chapter 764 of the laws of 2005, is amended and two new subdivisions
 9 and 10 are added to read as follows:

 (8) Such person possesses a large capacity ammunition feeding  device.
 FOR  PURPOSES  OF  THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING
 DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED
 BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF
 TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACI
 TY  OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN
 SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR  THAT  WAS  MANUFAC
 TURED  BEFORE  SEPTEMBER  THIRTEENTH, NINETEEN HUNDRED NINETY-FOUR, THAT
 HAS A CAPACITY OF, OR THAT CAN  BE  READILY  RESTORED  OR  CONVERTED  TO
 ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION; OR
 (9)  SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS A DRUG
 TRAFFICKING FELONY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00
 OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION; OR
 (10) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND  ALSO  COMMITS  ANY
 VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
 THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION.
 

S  42.  Subdivision  2 of section 265.09 of the penal law, as added by
 chapter 650 of the laws of 1996, is amended to read as follows:

 (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
 contrary, when a person is convicted of criminal use of a firearm in the
 first  degree  as  defined in subdivision one of this section, the court
 shall impose an additional consecutive sentence of  five  years  to  the
 [
<del>minimum  term  of  an indeterminate</del>] sentence imposed on the underlying
 class B violent felony offense where the person convicted of such  crime
 displays a loaded weapon from which a shot, readily capable of producing
 death  or  other serious injury may be discharged, in furtherance of the
 commission of  such  crime,  provided,  however,  that  such  additional
 sentence  shall not be imposed if the court, having regard to the nature
 and circumstances of the crime and to the history and character  of  the
 defendant, finds on the record that such additional consecutive sentence
 would  be  unduly  harsh  and  that  not imposing such sentence would be
 consistent with the public safety and would not deprecate  the  serious
 ness  of  the crime.   Notwithstanding any other provision of law to the
 contrary, the aggregate of the five year consecutive term imposed pursu
 ant to this subdivision  and  the  minimum  term  of  the  indeterminate
 sentence  imposed on the underlying class B violent felony shall consti
 tute the new aggregate  minimum  term  of  imprisonment,  and  a  person
 subject  to  such  term  shall be required to serve the entire aggregate
 minimum term and shall not be eligible for release on parole  or  condi
 tional  release during such term. This subdivision shall not apply where
        S. 2230                            23                            A. 2388
 the defendant's criminal liability for displaying a loaded  weapon  from
 which a shot, readily capable of producing death or other serious injury
 may be discharged, in furtherance of the commission of crime is based on
 the conduct of another pursuant to section 20.00 of [
<del>the penal law</del>] THIS
 CHAPTER.
 

S  43.

Section 265.17 of the penal law, as added by chapter 189 of the
 laws of 2000, is amended to read as follows:

 

S 265.17 Criminal purchase OR DISPOSAL of a weapon.
 A person is guilty of criminal purchase OR DISPOSAL of a weapon when:

 1. Knowing that he or she is  prohibited  by  law  from  possessing  a
 firearm,  rifle  or  shotgun because of a prior conviction or because of
 some other disability which  would  render  him  or  her  ineligible  to
 lawfully  possess a firearm, rifle or shotgun in this state, such person
 [
<del>attempts to purchase</del>] PURCHASES a firearm, rifle or shotgun from anoth
 er person; or
 2. Knowing that it would be unlawful for another person to  possess  a
 firearm, rifle or shotgun, he or she purchases a firearm, rifle or shot
 gun for, on behalf of, or for the use of such other person[
<del>.</del>]; OR
 3.  KNOWING THAT ANOTHER PERSON IS PROHIBITED BY LAW FROM POSSESSING A
 FIREARM, RIFLE OR SHOTGUN BECAUSE OF A PRIOR CONVICTION  OR  BECAUSE  OF
 SOME  OTHER  DISABILITY  WHICH  WOULD  RENDER  HIM  OR HER INELIGIBLE TO
 LAWFULLY POSSESS A FIREARM, RIFLE OR SHOTGUN IN  THIS  STATE,  A  PERSON
 DISPOSES OF A FIREARM, RIFLE OR SHOTGUN TO SUCH OTHER PERSON.
 Criminal purchase OR DISPOSAL of a weapon is a class [
<del>A misdemeanor</del>] D
 FELONY.
 

S 44. Intentionally omitted.
 

S  45. The penal law is amended by adding a new section 265.19 to read
 as follows:

 

S 265.19 AGGRAVATED CRIMINAL POSSESSION OF A WEAPON.
 A PERSON IS GUILTY OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON  WHEN
 HE  OR  SHE  COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE
 SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 265.03 OF  THIS
 ARTICLE AND ALSO COMMITS ANY VIOLENT FELONY OFFENSE AS DEFINED IN SUBDI
 VISION ONE OF SECTION 70.02 OF THIS CHAPTER OR A DRUG TRAFFICKING FELONY
 AS  DEFINED  IN  SUBDIVISION TWENTY-ONE OF SECTION 10.00 OF THIS CHAPTER
 ARISING OUT OF THE SAME CRIMINAL TRANSACTION.
 AGGRAVATED CRIMINAL POSSESSION OF A WEAPON IS A CLASS C FELONY.
 

S 46. Paragraph 3 of subdivision a of section 265.20 of the penal law,
 as amended by chapter 210 of the laws of 1999,  is  amended  and  a  new
 paragraph 7-f is added to read as follows:

 3.  Possession  of  a pistol or revolver by a person to whom a license
 therefor has been issued as provided under section 400.00 or  400.01  of
 this  chapter  OR  POSSESSION OF A WEAPON AS DEFINED IN PARAGRAPH (E) OR
 (F) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS ARTICLE WHICH IS
 REGISTERED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIXTEEN-A OF SECTION
 400.00 OF THIS CHAPTER OR IS  INCLUDED  ON  AN  AMENDED  LICENSE  ISSUED
 PURSUANT  TO  SECTION 400.00 OF THIS CHAPTER.  IN THE EVENT SUCH LICENSE
 IS REVOKED, OTHER THAN BECAUSE SUCH LICENSEE IS NO LONGER  PERMITTED  TO
 POSSESS A FIREARM, RIFLE OR SHOTGUN UNDER FEDERAL OR STATE LAW, INFORMA
 TION  SUFFICIENT TO SATISFY THE REQUIREMENTS OF SUBDIVISION SIXTEEN-A OF
 SECTION 400.00 OF THIS CHAPTER, SHALL BE TRANSMITTED  BY  THE  LICENSING
 OFFICER  TO THE STATE POLICE, IN A FORM AS DETERMINED BY THE SUPERINTEN
 DENT OF STATE POLICE. SUCH TRANSMISSION SHALL CONSTITUTE A VALID  REGIS
 TRATION UNDER SUCH SECTION.  FURTHER PROVIDED, NOTWITHSTANDING ANY OTHER
 SECTION  OF THIS TITLE, A FAILURE TO REGISTER SUCH WEAPON BY AN INDIVID
 UAL WHO POSSESSES SUCH WEAPON BEFORE THE ENACTMENT OF THE CHAPTER OF THE
        S. 2230                            24                            A. 2388
 LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS PARAGRAPH  AND  MAY  SO
 LAWFULLY  POSSESS IT THEREAFTER UPON REGISTRATION, SHALL ONLY BE SUBJECT
 TO PUNISHMENT PURSUANT TO PARAGRAPH  (C)  OF  SUBDIVISION  SIXTEEN-A  OF
 SECTION  400.00 OF THIS CHAPTER; provided, that such a license OR REGIS
 TRATION shall not preclude a  conviction  for  the  offense  defined  in
 subdivision  three of section 265.01 of this article OR SECTION 265.01-A
 OF THIS ARTICLE.
 7-F. POSSESSION AND USE OF A MAGAZINE, BELT,  FEED  STRIP  OR  SIMILAR
 DEVICE,  THAT  CONTAINS  MORE  THAN SEVEN ROUNDS OF AMMUNITION, BUT THAT
 DOES NOT HAVE A CAPACITY OF OR CAN READILY BE RESTORED OR  CONVERTED  TO
 ACCEPT  MORE  THAN  TEN  ROUNDS  OF  AMMUNITION, AT AN INDOOR OR OUTDOOR
 FIRING RANGE LOCATED IN OR ON PREMISES  OWNED  OR  OCCUPIED  BY  A  DULY
 INCORPORATED  ORGANIZATION  ORGANIZED  FOR  CONSERVATION  PURPOSES OR TO
 FOSTER PROFICIENCY IN ARMS; AT AN INDOOR OR OUTDOOR FIRING RANGE FOR THE
 PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGIATE, OLYMPIC OR TARGET
 SHOOTING COMPETITION UNDER THE AUSPICES OF OR APPROVED BY  THE  NATIONAL
 RIFLE  ASSOCIATION;  OR AT AN ORGANIZED MATCH SANCTIONED BY THE INTERNA
 TIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.
 

S 46-a. The penal law is amended by adding two new sections 265.36 and
 265.37 to read as follows:

 

S 265.36 UNLAWFUL POSSESSION OF  A  LARGE  CAPACITY  AMMUNITION  FEEDING
 DEVICE.
 IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS A LARGE CAPACI
 TY  AMMUNITION  FEEDING DEVICE MANUFACTURED BEFORE SEPTEMBER THIRTEENTH,
 NINETEEN HUNDRED NINETY-FOUR, AND IF SUCH PERSON LAWFULLY POSSESSED SUCH
 LARGE CAPACITY FEEDING DEVICE BEFORE THE EFFECTIVE DATE OF  THE  CHAPTER
 OF  THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS
 A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED  TO  ACCEPT,
 MORE THAN TEN ROUNDS OF AMMUNITION.
 AN  INDIVIDUAL WHO HAS A REASONABLE BELIEF THAT SUCH DEVICE IS OF SUCH
 A CHARACTER THAT IT MAY LAWFULLY BE  POSSESSED  AND  WHO  SURRENDERS  OR
 LAWFULLY DISPOSES OF SUCH DEVICE WITHIN THIRTY DAYS OF BEING NOTIFIED BY
 LAW  ENFORCEMENT  OR  COUNTY LICENSING OFFICIALS THAT SUCH POSSESSION IS
 UNLAWFUL SHALL NOT BE GUILTY OF THIS OFFENSE. IT SHALL BE  A  REBUTTABLE
 PRESUMPTION  THAT  SUCH PERSON KNOWS THAT SUCH LARGE CAPACITY AMMUNITION
 FEEDING DEVICE MAY NOT BE LAWFULLY POSSESSED  IF  HE  OR  SHE  HAS  BEEN
 CONTACTED  BY LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS AND INFORMED
 THAT SUCH DEVICE MAY NOT BE LAWFULLY POSSESSED.
 UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE IS A
 CLASS A MISDEMEANOR.
 

S 265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES.
 IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS  AN  AMMUNITION
 FEEDING  DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  THIRTEEN  WHICH  ADDED
 THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR
 CONVERTED  TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNI
 TION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION.
 IF SUCH DEVICE CONTAINING MORE THAN  SEVEN  ROUNDS  OF  AMMUNITION  IS
 POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
 DEVICE  SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
 TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
 A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
 TERM OF UP TO THREE MONTHS IMPRISONMENT.
 IF SUCH DEVICE CONTAINING MORE THAN  SEVEN  ROUNDS  OF  AMMUNITION  IS
 POSSESSED  IN  ANY  LOCATION  OTHER  THAN THE HOME OF THE POSSESSOR, THE
 PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF
        S. 2230                            25                            A. 2388
 A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
 TERM OF UP TO SIX MONTHS IMPRISONMENT, AND  FOR  A  SECOND  OFFENSE,  BE
 GUILTY OF A CLASS A MISDEMEANOR.
 

S  47. The penal law is amended by adding a new section 265.45 to read
 as follows:

 

S 265.45 SAFE STORAGE OF RIFLES, SHOTGUNS, AND FIREARMS.
 NO PERSON WHO OWNS OR IS CUSTODIAN OF A RIFLE, SHOTGUN OR FIREARM  WHO
 RESIDES  WITH  AN INDIVIDUAL WHO SUCH PERSON KNOWS OR HAS REASON TO KNOW
 IS PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO 18 U.S.C. 

S  922(G)
 (1),  (4), (8) OR (9) SHALL STORE OR OTHERWISE LEAVE SUCH RIFLE, SHOTGUN
 OR FIREARM OUT OF HIS OR HER IMMEDIATE  POSSESSION  OR  CONTROL  WITHOUT
 HAVING FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN OR FIREARM IN AN APPRO
 PRIATE  SAFE  STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED
 BY USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAPON. FOR  PURPOSES
 OF  THIS  SECTION  "SAFE  STORAGE DEPOSITORY" SHALL MEAN A SAFE OR OTHER
 SECURE CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED  WITH
 OUT  THE KEY, COMBINATION OR OTHER UNLOCKING MECHANISM AND IS CAPABLE OF
 PREVENTING  AN  UNAUTHORIZED  PERSON  FROM  OBTAINING  ACCESS   TO   AND
 POSSESSION  OF  THE  WEAPON CONTAINED THEREIN.  WITH RESPECT TO A PERSON
 WHO IS PROHIBITED FROM  POSSESSING  A  FIREARM  PURSUANT  TO  18  USC  S
 922(G)(9),  FOR  PURPOSES  OF THIS SECTION, THIS SECTION APPLIES ONLY IF
 SUCH PERSON HAS BEEN CONVICTED OF A CRIME INCLUDED IN SUBDIVISION ONE OF
 SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW AND SUCH GUN  IS  POSSESSED
 WITHIN FIVE YEARS FROM THE LATER OF THE DATE OF CONVICTION OR COMPLETION
 OF SENTENCE.
 A VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
 

S  48.  Subdivision 1, paragraph (a) of subdivision 3, subdivisions 4,
 5, 9, 10, 11, 12 and 15 of section 400.00 of the penal law,  subdivision
 1 as amended by chapter 189 of the laws of 2000, paragraph (a) of subdi
 vision 3 as designated by chapter 778 of the laws of 1985, subdivision 4
 as  amended by chapter 331 of the laws of 2005, subdivision 5 as amended
 by chapter 332 of the laws of 1994, subdivision 9 as amended by  chapter
 172 of the laws of 1973, subdivision 10 as amended by chapter 447 of the
 laws  of  1997,  subdivision 11 as amended by chapter 210 of the laws of
 1999, and subdivision 12 as amended by chapter 449 of the laws of  1993,
 are  amended and two new subdivisions 16-a and 16-b are added to read as
 follows:

 1. Eligibility. No license shall be issued or renewed pursuant to this
 section except by the licensing officer, and then  only  after  investi
 gation  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 [
<del>or been confined to any hospital or institution,  public</del>
        S. 2230                            26                            A. 2388
 
<del>or  private,  for  mental  illness</del>];  (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; [
<del>(e)</del>] (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  crimi
 nal  procedure  law  or  section eight hundred forty-two-a of the family
 court act; [
<del>(f)</del>] (L) in the county of Westchester, who has  successfully
 completed  a  firearms  safety course and test as evidenced by a certif
 icate 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; [
<del>and (g)</del>] (M) WHO HAS NOT HAD A GUARDI
 AN  APPOINTED  FOR  HIM  OR  HER PURSUANT TO ANY PROVISION OF STATE LAW,
 BASED ON A DETERMINATION THAT AS A RESULT OF MARKED  SUBNORMAL  INTELLI
 GENCE, 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 twen
 ty-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.
 (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  busi
 ness  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
        S. 2230                            27                            A. 2388
 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.
 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 applica
 tion is made, INCLUDING BUT NOT LIMITED TO SUCH RECORDS AS MAY BE ACCES
 SIBLE 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 appli
 cation 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. [
<del>The failure or refusal of the federal</del>
 
<del>bureau of investigation to make the fingerprint check  provided  for  in</del>
 
<del>this  section shall not constitute the sole basis for refusal to issue a</del>
 
<del>permit pursuant to the provisions of this section.</del>] 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
        S. 2230                            28                            A. 2388
 record  either  upon  notice  to  the licensee or without notice, as the
 judge or justice may deem appropriate. Upon completion of  the  investi
 gation,  the  police authority shall report the results to the licensing
 officer without unnecessary delay.
 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 applica
 tions relating to firearms to the licensing authority  of  that  county.
 [
<del>The</del>]  EXCEPT AS PROVIDED IN PARAGRAPHS (B) THROUGH (F) OF THIS SUBDIVI
 SION, 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 applica
 tions  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  INFORMA
 TION.    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 subdivi
 sion 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  APPLI
 CANT  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.
        S. 2230                            29                            A. 2388
 FURTHER, SUCH FORMS SHALL PROVIDE EACH APPLICANT AN OPPORTUNITY TO SPEC
 IFY  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  OFFI
 CER, 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 INVOLV
 ING 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  SUBDIVI
 SION.    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 SUBDI
 VISION,  THE  INFORMATION  CONCERNING  SUCH  RECERTIFICATION APPLICATION
        S. 2230                            30                            A. 2388
 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 INFORMA
 TION OF THOSE WHO HAD APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE
 PREPARATION OF THE FORM FOR REQUESTING AN EXCEPTION, PURSUANT  TO  PARA
 GRAPH  (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.
 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  execu
 tive department, division of state police, Albany. THE SUPERINTENDENT OF
 STATE  POLICE  MAY AUTHORIZE THAT SUCH AMENDMENT BE COMPLETED AND TRANS
 MITTED 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 depart
 ment, division of state police, Albany, and in the city of New  York  to
 the police commissioner of that city, and in the county of Nassau to the
 police  commissioner of that county, and in the county of Suffolk to the
 licensing officer of that county, who shall, within ten days after  such
 notification  shall be received by him OR HER, give notice in writing of
 such change to the executive department, division of  state  police,  at
 Albany.
 10.  License:  expiration,  certification and renewal. (A) Any license
 for gunsmith or dealer in firearms and, in the city  of  New  York,  any
 license  to  carry  or  possess a pistol or revolver, issued at any time
 pursuant to this section or prior to the first  day  of  July,  nineteen
 hundred  sixty-three  and not limited to expire on an earlier date fixed
 in the license, shall 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
        S. 2230                            31                            A. 2388
 be certified prior to the first day of April, two thousand,  in  accord
 ance  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, cali
 ber and serial number of all firearms currently possessed. Such  certif
 ication  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 applica
 tion 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  dupli
 cate 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, RESIDEN
 TIAL ADDRESS, SOCIAL SECURITY NUMBER, FIREARMS POSSESSED BY SUCH LICENSE
 HOLDER,  EMAIL ADDRESS AT THE OPTION OF THE LICENSE HOLDER AND AN AFFIR
 MATION 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.
 11. License: revocation and suspension. (A) The conviction of a licen
 see 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
        S. 2230                            32                            A. 2388
 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 exec
 utive department, division of state police, Albany, and shall also noti
 fy 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.
 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 superinten
 dent 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  iden
 tification  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 veri
 fy 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  SUPER
 INTENDENT  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
        S. 2230                            33                            A. 2388
 the premises mentioned and described in the license and shall be open at
 all  reasonable hours for inspection by any peace officer, acting pursu
 ant to his special duties, or police officer. In the event of  cancella
 tion 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.
 15. Any violation by any person of any provision of this section is  a
 class A misdemeanor.
 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  TRANS
 FER  INTO  THE  STATE. REGISTRATION INFORMATION SHALL INCLUDE THE REGIS
 TRANT'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  REGISTRA
 TION  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 WHETH
 ER 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
        S. 2230                            34                            A. 2388
 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 DEAL
 ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
 CHAPTER SHALL BE BORNE BY THE STATE.
 

S 49. The penal law is amended by adding a new section 400.02 to  read
 as follows:

 

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  INDI
 VIDUAL  SHALL  BE  REMOVED CONSISTENT WITH THE PROVISIONS OF SUBDIVISION
 ELEVEN OF SECTION 400.00 OF THIS ARTICLE. LOCAL AND STATE  LAW  ENFORCE
 MENT 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.
 

S  50. The penal law is amended by adding a new section 400.03 to read
 as follows:

 

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  AMMUNI
 TION.  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
        S. 2230                            35                            A. 2388
 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  ESTAB
 LISHED 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 DOCU
 MENT 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 IDENTIFI
 CATION 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 RESI
 DENT 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 DEMON
 STRATE 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 TRANS
 ACTION 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  COMMIS
 SION  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 OPERA
 TIONAL 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
        S. 2230                            36                            A. 2388
 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  ESTAB
 LISHED 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.
 

S  51.

Section 400.10 of the penal law, as added by chapter 531 of the
 laws of 1984, and subdivision 1 as amended and subdivision 3 as added by
 chapter 189 of the laws of 2000, is amended to read as follows:

 

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
 [
<del>or</del>],  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,  manufac
 turer'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.
        S. 2230                            37                            A. 2388
 3.  Notwithstanding  any  other provision of law, a violation of para
 graph (a) of subdivision one of this section shall be  [
<del>punishable  only</del>
 
<del>by a fine not to exceed one hundred dollars</del>] A CLASS A MISDEMEANOR.
 

S  52. The penal law is amended by adding a new section 460.22 to read
 as follows:

 

S 460.22 AGGRAVATED ENTERPRISE CORRUPTION.
 A PERSON IS GUILTY OF AGGRAVATED ENTERPRISE CORRUPTION WHEN HE OR  SHE
 COMMITS  THE  CRIME OF ENTERPRISE CORRUPTION AND TWO OR MORE OF THE ACTS
 THAT CONSTITUTE HIS OR HER PATTERN OF  CRIMINAL  ACTIVITY  ARE  CLASS  B
 FELONIES  OR HIGHER, AND AT LEAST TWO ACTS ARE ARMED FELONIES AS DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THE  CRIMI
 NAL  PROCEDURE  LAW  OR ONE ACT IS SUCH AN ARMED FELONY AND ONE ACT IS A
 VIOLATION OF SUBDIVISION TWO OF SECTION 265.17 OF THIS  CHAPTER  OR  ONE
 ACT  IS  A  CLASS B VIOLENT FELONY AND TWO ARE VIOLATIONS OF SUBDIVISION
 TWO OF SECTION 265.17 OF THIS CHAPTER.
 AGGRAVATED ENTERPRISE CORRUPTION IS A CLASS A-I FELONY.
 

S 53. The surrogate's court procedure act is amended by adding  a  new
 section 2509 to read as follows:

 

S 2509. FIREARMS INVENTORY
 WHENEVER,  BY  REGULATION, RULE OR STATUTE, A FIDUCIARY OR ATTORNEY OF
 RECORD MUST FILE A LIST OF ASSETS CONSTITUTING A DECEDENT'S ESTATE, SUCH
 LIST MUST INCLUDE A PARTICULARIZED DESCRIPTION OF EVERY FIREARM, SHOTGUN
 AND RIFLE, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW,
 THAT ARE PART OF SUCH ESTATE. SUCH LIST MUST BE FILED  WITH  THE  SURRO
 GATE'S  COURT  IN  THE COUNTY IN WHICH THE ESTATE PROCEEDING, IF ANY, IS
 PENDING AND A COPY MUST BE FILED WITH THE DIVISION OF  CRIMINAL  JUSTICE
 SERVICES.
 

S  54. 

Section  18  of  chapter 408 of the laws of 1999, constituting
 Kendra's Law, as amended by chapter 139 of the laws of 2010, is  amended
 to read as follows:

 

S  18.  This  act shall take effect immediately, provided that section
 fifteen of this act shall take effect April 1, 2000, provided,  further,
 that  subdivision (e) of section 9.60 of the mental hygiene law as added
 by section six of this act shall be effective 90  days  after  this  act
 shall  become law; and that this act shall expire and be deemed repealed
 June 30, [
<del>2015</del>] 2017.
 

S 55. The education law is amended by adding a new section  2801-b  to
 read as follows:

 

S  2801-B. NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS.  THE GOVER
 NOR SHALL ESTABLISH NEW YORK  STATE  SCHOOL  SAFETY  IMPROVEMENT  TEAMS,
 WHICH  MAY  BE COMPOSED OF REPRESENTATIVES FROM THE DIVISION OF HOMELAND
 SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DIVI
 SION OF CRIMINAL JUSTICE SERVICES, AND THE  DEPARTMENT.  SUCH  NEW  YORK
 STATE  SCHOOL  SAFETY  IMPROVEMENT  TEAMS SHALL REVIEW AND ASSESS SCHOOL
 SAFETY PLANS SUBMITTED, ON A VOLUNTARY BASIS, BY SCHOOL DISTRICTS HAVING
 A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND  INHABITANTS,
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND COUNTY VOCATIONAL EDUCA
 TION  AND EXTENSION BOARDS, AND MAY MAKE RECOMMENDATIONS TO IMPROVE SUCH
 SCHOOL SAFETY PLANS.
 

S 56. Subdivision 6-c of section 3602 of the education law, as amended
 by section 1 of part A-2 of chapter 62 of the laws of 2003,  is  amended
 to read as follows:

 6-c. A. Building aid for metal detectors, and safety devices for elec
 trically  operated  partitions,  room dividers and doors. In addition to
 the apportionments payable to a school district pursuant to  subdivision
 six  of this section, the commissioner is hereby authorized to apportion
        S. 2230                            38                            A. 2388
 to any school district additional building aid pursuant to this subdivi
 sion for its approved expenditures in the base year for the purchase  of
 stationary  metal  detectors, security cameras, safety devices for elec
 trically  operated  partitions  and  room  dividers required pursuant to
 section four hundred nine-f of this chapter, or other  security  devices
 approved  by  the  commissioner that increase the safety of students and
 school personnel, provided, however, that funds  apportioned  to  school
 districts pursuant to this section shall not supplant funds for existing
 district  expenditures  or  for  existing contractual obligations of the
 district for stationary metal detectors, security cameras, partition and
 room divider safety devices, or security devices.  Portable or hand held
 metal detectors shall not be eligible for aid pursuant to this  subdivi
 sion.  Such  additional  aid shall equal the product of the building aid
 ratio computed for use in the current year pursuant to  paragraph  c  of
 subdivision  six  of  this  section and the actual approved expenditures
 incurred in the base year pursuant to this  subdivision,  provided  that
 the limitations on cost allowances prescribed by paragraph a of subdivi
 sion six of this section shall not apply. The commissioner shall annual
 ly  prescribe a special cost allowance for metal detectors, and security
 cameras, and the approved expenditures shall not exceed such cost allow
 ance. The commissioner shall annually prescribe a special cost allowance
 for partition and room divider safety devices, and the approved expendi
 tures shall not exceed such cost allowance.
 B. FOR PROJECTS APPROVED BY THE  COMMISSIONER  AUTHORIZED  TO  RECEIVE
 ADDITIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION FOR THE PURCHASE OF
 STATIONARY  METAL  DETECTORS, SECURITY CAMERAS OR OTHER SECURITY DEVICES
 APPROVED BY THE COMMISSIONER THAT INCREASE THE SAFETY  OF  STUDENTS  AND
 SCHOOL  PERSONNEL,  PROVIDED  THAT  FOR  PURPOSES OF THIS PARAGRAPH SUCH
 OTHER SECURITY DEVICES SHALL BE LIMITED TO ELECTRONIC  SECURITY  SYSTEMS
 AND  HARDENED  DOORS,  AND  PROVIDED  THAT  FOR PROJECTS APPROVED BY THE
 COMMISSIONER ON OR AFTER THE FIRST DAY OF JULY TWO THOUSAND THIRTEEN AND
 BEFORE THE FIRST DAY OF JULY TWO THOUSAND SIXTEEN  SUCH  ADDITIONAL  AID
 SHALL  EQUAL  THE PRODUCT OF (I) THE BUILDING AID RATIO COMPUTED FOR USE
 IN THE CURRENT YEAR PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX  OF  THIS
 SECTION  PLUS  TEN  PERCENTAGE POINTS, EXCEPT THAT IN NO CASE SHALL THIS
 AMOUNT EXCEED ONE HUNDRED PERCENT, AND (II) THE ACTUAL APPROVED EXPENDI
 TURES INCURRED IN THE BASE YEAR PURSUANT TO THIS  SUBDIVISION,  PROVIDED
 THAT  THE  LIMITATIONS  ON  COST ALLOWANCES PRESCRIBED BY PARAGRAPH A OF
 SUBDIVISION SIX OF THIS SECTION SHALL NOT APPLY,  AND  PROVIDED  FURTHER
 THAT  ANY  PROJECTS  AIDED  UNDER  THIS  PARAGRAPH MUST BE INCLUDED IN A
 DISTRICT'S SCHOOL SAFETY PLAN. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE
 A SPECIAL COST ALLOWANCE FOR METAL DETECTORS, AND SECURITY CAMERAS,  AND
 THE APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
 

S  57.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro
 versy in which the judgment shall have been rendered.
 

S 58. This act shall take effect immediately; provided, however, that:

 a. Sections one, two, three, four, five, six, seven, eight, nine, ten,
 eleven, twelve, thirteen, fourteen, fifteen, sixteen,  seventeen,  eigh
 teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty
 four, twenty-five, twenty-six, twenty-six-a, twenty-seven, twenty-eight,
 twenty-nine, thirty, thirty-one, thirty-two, thirty-three,  thirty-four,
        S. 2230                            39                            A. 2388
 thirty-five,  thirty-six,  thirty-nine,  forty,  forty-one, forty-one-a,
 forty-one-b, forty-two, forty-three, forty-five, forty-six, forty-six-a,
 forty-seven, fifty-one, fifty-two, fifty-three, fifty-four,  fifty-five,
 and fifty-six of this act shall take effect on the sixtieth day after it
 shall have become a law;
 b. The amendments to subdivision 23 of section 265.00 of the penal law
 made  by section thirty-eight of this act shall take effect on the nine
 tieth day after this act shall have become a law, except that the amend
 ments made to paragraph (a) of subdivision 23 shall  take  effect  imme
 diately;
 c.  The  amendments  to subdivision 1, paragraph (a) of subdivision 3,
 and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
 penal law made by section forty-eight of this act shall take effect  one
 year after this act shall have become a law;
 d.  The  amendments to subdivision 16-a of section 400.00 of the penal
 law made by section forty-eight of this act shall  take  effect  on  the
 ninetieth day after this act shall have become a law;
 e.  The amendments to sections 400.02 and 400.03 of the penal law made
 by sections forty-nine and fifty of this act shall take effect one  year
 after it shall have become a law; and
 f. The amendments to subdivision (b) of section 9.47 and sections 9.48
 and  9.60 of the mental hygiene law made by sections twenty-one, twenty
 two and twenty-three of this act shall not  affect  the  expiration  and
 repeal of such paragraph and sections and shall be deemed repealed ther
 ewith.

S2230-2013 Votes