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

2 Co-sponsors

• Gustavo Rivera
• Daniel L. Squadron

BILL NUMBER:S50

Title of bill

An act to amend the penal law, in relation to providing for the expiration and renewal of certain firearms licenses outside the city of New York

Purpose

Extends statewide, with the exception of the city of New York, the requirement that a license to carry of possess a firearm be renewed every 5 years.

Summary of provisions

Section one: Amends subdivision 10 of section 400.00 of the penal law to extend license expiration and renewal regulations for pistols or revolvers to counties outside the city of New York, Nassau and Suffolk and deletes certification and recertification provisions for Westchester county. For counties outside of New York City a license to carry or possess a pistol or revolver expires within five years of its issuance. For all other counties, outside of New York City, Nassau, and Suffolk counties, the expiration date of the pistol or revolver license is determined by a schedule promulgated by the commissioner of the division of criminal justice services.

Section two: The bill takes effect immediately.

Justification

New York state requires individuals to obtain a license in order to lawfully carry or possess a firearm. Prior to the issuance of such license, an investigation must be conducted by law enforcement officers to verify that all statements in the applicant's license application are true. Typically, the investigating officer interviews the references named in the application. In addition, records of the department of mental hygiene must be made available for inspection by such officer and fingerprints must be taken from the applicant in order to conduct a criminal history check.

However, other than in the counties of Suffolk, Nassau and Westchester and the city of New York, once a license to carry or possess a firearm has been issued, the license is permanent unless otherwise revoked or suspended. There is no opportunity for the licensing officer to determine whether the conditions that existed at the time of the issuance of the license have changed.

Reasons for requiring the renewal of firearm licenses include:

RENEWAL OF LICENSES WOULD PROVIDE REGULAR CONFIRMATION THAT THE LICENSE IS STILL QUALIFIED TO HAVE A FIREARM: Without a renewal system, certain criminal convictions obtained after the issuance of a firearm and/or development of mental illness by the licensee--changes in conditions that could result in a license revocation or denial of a license renewal--may go undetected.

Renewal of licenses would provide regular updating of licensing information

Such information includes the licensee's current name and address, and the make, caliber and serial number of all firearms possessed without a renewal system. Licensees who move out-of state--a change in conditions that could result in license revocation or denial of a license renewal--may go undetected.

REGULAR RENEWAL OF LICENSES CREATES AN INCENTIVE FOR LICENSES TO COMPLY WITH THE TERMS OF THEIR LICENSES: Without a renewal system, licensees are less likely to update their licensing information.

RENEWAL OF LICENSES ENSURES THE INTEGRITY OF THE LICENSING SYSTEM: Without a renewal system, there is no opportunity for licensing officers to determine whether licensees remain in compliance with the terms of their licensees.

Fiscal implications

Undetermined.

EFFECTIVE DATE Immediately.