What's happening
This bill allows local and state law enforcement access to firearm license application records, clarifying such information is not public record.
Why it matters
Law enforcement agencies will have explicit access to firearm license application records. , which could help them conduct investigations, background checks, or gun-related enforcement more efficiently.
The bill maintains strict privacy protections for applicants. by clarifying that, even though law enforcement can access these records, the information is not considered a public record and cannot be disclosed to the general public or released through FOIL (Freedom of Information Law) requests.
The clarification may reduce legal ambiguity for both law enforcement and licensing officials. , making it clear when and how records can be accessed, and potentially streamlining inter-agency cooperation on firearms-related matters.
Balancing transparency and privacy, the bill reinforces that sensitive personal data provided for firearm licensing remains protected. except for specific law enforcement purposes, which may address privacy concerns among applicants while supporting public safety efforts.
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Who cares
Local and state law enforcement agencies
The bill would guarantee access to and copies of exempt firearm license application information upon request and remove the database access qualifier “as otherwise authorized by law.”
Firearm license applicants and license holders
Application and recertification information covered by a public-record exception would become accessible to local and state law enforcement but would not become a public record of the receiving agency.
Firearm licensing officials
The bill would require providing local and state law enforcement with requested application information even when a public-record exception has been granted.
New York State Police
The bill would change the access rules for the statewide license and record database the agency maintains, while retaining access for local and state law enforcement in the performance of their duties.
Headline styles
Police Access Gun License Records
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Substituted by S6160
- Ordered to third reading rules cal.404
- Rules report cal.404
- Reported
- Reported referred to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Police See Gun Applications
Signed by Governor · Sponsor Alessandra Biaggi
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7739
2019-2020 Regular Sessions
IN ASSEMBLY
May 17, 2019
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to local and state law enforcement's access to records of applications for licenses of firearms
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (iii) of paragraph (e) of subdivision 5 of section 400.00 of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows:
(iii) If an exception is sought and granted pursuant to paragraph (b) of this subdivision, the application information shall not be public record, unless the request is determined to be null and void. If an exception is sought and granted pursuant to paragraph (c) of this subdivision, the information concerning such recertification application shall not be public record, unless the request is determined to be null and void. Notwithstanding the foregoing provisions of this subparagraph, local and state law enforcement shall, upon request, be granted access to and copies of such application information provided that such information obtained by law enforcement pursuant to this subparagraph shall not be considered a public record of such law enforcement agency.
§ 2. Section 400.02 of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows: § 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11149-02-9
A. 7739 2
mental health, and all other records as are necessary to determine their continued accuracy as well as whether an individual is no longer a valid license holder. The division of criminal justice services shall also check pending applications made pursuant to this article against such records to determine whether a license may be granted. All state agencies shall cooperate with the division of criminal justice services, as otherwise authorized by law, in making their records available for such checks. The division of criminal justice services, upon determining that an individual is ineligible to possess a license, or is no longer a valid license holder, shall notify the applicable licensing official of such determination and such licensing official shall not issue a license or revoke such license and any weapons owned or possessed by such individual shall be removed consistent with the provisions of subdivision eleven of section 400.00 of this article. Local and state law enforcement shall have access to such database[, as otherwise authorized by law,] in the performance of their duties. Records assembled or collected for purposes of inclusion in the database established by this section shall be released pursuant to a court order.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.