Enacts Deny Firearms to Dangerous Terrorists Act; prohibits the provision of licenses for firearms to persons on the federal no-fly list or terrorist screening database; authorizes suspension or revocation

1 Co-sponsor

• Joseph P. Addabbo Jr.

Title of bill

An act to amend the penal law, in relation to prohibiting the provision of licenses for firearms to persons on the federal no-fly list or terrorist screening database; to amend the criminal procedure law, in relation to revoking or suspending firearms licenses of persons on the federal no-fly list or terrorist screening database; and to amend the executive law, in relation to requiring the superintendent of state police to search the federal no-fly list or terrorist screening database and report findings to appropriate enforcement agencies

Purpose or general idea of bill

To prohibit suspected terrorists on the federal no-fly list from obtaining a firearm license or possessing firearms in the state of New York and to revoke the firearm license of any suspected terrorist that currently has a firearm license.

Summary of specific provisions

Section 1 of the bill cites this Act as the "Deny Firearms to Dangerous Terrorists Act."

Section 2 of the bill amends section 400.00 of the penal law related to licenses to carry, possess, repair and dispose of firearms to prohibit any firearm license from being issued in the state of New York to a person who is listed on the FBI's no-fly list or the FBI's terrorist screening database.

Section 3 of the bill amends section 530.14 of the criminal procedure law to grant the Division of State Police the authority to revoke the license of a firearm license holder if such person is listed on the FBI's no-fly list or the FBI's terrorist screening database. Such license holder shall be no notified in writing by State Police within 30 days of the person's license being revoked.

Sections 4 and 5 of the bill amends section 223 of the executive law related to duties and powers of the superintendent of state police to require the state police to search the FBI's no-fly list or terrorist screening database at least once a year. If the state police find that a person on either terrorist list has received a firearm license, the superintendent of state police must promptly notify all appropriate law enforcement agencies and will direct the state police to remove any and all firearms from the suspected terrorist.

Section 6 of the bill grants the superintendent of state police and commissioner of criminal justice services the authority to promulgate any regulations necessary for the provisions of this Act to take effect.

Section 7 of the bill provides that the Act will take effect immediately, provided that the superintendent of state police receives the necessary approval from the FBI or relevant federal agencies that operate these databases.

Justification

With federal legislation stalled in Congress that would prohibit suspected terrorists from receiving firearm licenses, the state of New York must act to ensure that it is doing everything possible to prevent terrorists from obtaining and carrying guns. There is no logical reason why suspected terrorists should be allowed to possess a firearm license and firearm in New York. As provided for in this proposed legislation and under the criminal procedure law, any firearm license holder who has his or her license or firearm revoked for being on the terrorist watch list would receive notice of the revocation in writing. In addition, current law provides for due process hearing requirements in court related to the revocation of the firearm license.

Legislative history

New bill

Fiscal implications

To be determined

Effective date

This Act shall take effect immediately; provided that the superintendent of state police receives approval from the relevant federal agencies.