Requires the renewal of firearms licenses after five years outside the city of New York

Summary of specific provisions

Section one amends section 400.00, subdivision 10 of the penal law by extending license expiration and renewal regulations to any county outside the counties comprising the city of New York and Nassau county and Suffolk county, and by deleting the certification and recertification provisions for Westchester County. For all counties outside the counties comprising the city of New York, five years after the date of issuance of the license, provided that for all counties outside the counties comprising the city of New York and Nassau and Suffolk counties, the date of issuance of any such pistol or revolver license for purposes of determining the expiration date of such license shall be established in accordance with a schedule to be contained in regulations promulgated by the commissioner of the division of criminal justice services.

Section two provides the effective date.

Justification

Currently, New York State requires handgun licenses in all of its counties, and there is an investigative process when someone applies for such a license. Only in New York City and the counties of Nassau and Suffolk do such licenses require periodic renewal, and in Westchester county such licenses require periodic recertification. License renewal is an important way to ensure not only that records are updated but also that handguns do not fall into the wrong hands. It is illegal for a person convicted of a felony or a domestic violence misde- meanor, suffering from a mental incapacity or subject to an order of protection to possess firearms. Yet outside of New York City and Nassau and Suffolk counties, handgun licenses are not automatically revoked when a person is barred from legal possession, or in Westchester county when a person fails to recertify his license. Accordingly, under current law, a person who is issued a license but subsequently commits some act that would legally prohibit him from possessing a firearm (or fails to recertify his license in the case of Westchester County), is neverthe- less able to continue to possess his firearm under a valid license.

License renewal ensures that an investigative process takes place at the time of renewal by which vital information will be uncovered by law enforcement as well as makes clear that licenses that are not timely renewed expire and are no longer valid. Had the license renewal require- ment been in effect, Jiverly Wong, the man who gunned down 13 people in an immigration center in Binghamton last year, may not have been able to maintain a valid pistol permit. Wong obtained a permit in New York in 1997. He moved to California in 2001. Under the proposed law, his pistol permit would have automatically been revoked since as an out of state resident he would not have been able to renew his license. Further,

under the proposed law, once a license has been revoked, the issuing county must track down the handguns under the revoked license. Finally, under the proposed law, without a valid New York license, Wong would not have been able to purchase any handguns in New York. We know, however, that he purchased at least one handgun within the last month. The Bing- hamton tragedy serves as a somber illustration of how critically impor- tant it is that our state licensing system be thorough, that the records be accurate and up to date, and that handguns be accounted for.

This bill also recognizes that there may be many licenses that provide for expiration more than five years after the date of issuance. Accord- ingly, the bill provides all counties outside the counties comprising New York City and Nassau and Suffolk counties to phase-in the renewal requirement as set forth in regulations to be promulgated by the commis- sioner of the Division of Criminal Justice Services (DCJS). In this way, these counties, working with DCJS, are provided the flexibility they may deem necessary to implement the renewal process in an orderly and timely manner.

It is incumbent upon us to make sure that handguns are kept out of dangerous hands so that we may better protect our citizens and prevent further tragedies like the melee in Binghamton.

Prior legislative history

A.7304, 2007 and 2008, referred to Codes Committee. A.1012, 2005 and 2006, referred to Codes Committee. A.5071, 2003 and 2004, referred to Codes Committee. A.7884, 2001 and 2002, referred to Codes Committee.

Fiscal implications

Undetermined.

Effective date

Immediately.