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S6160Senate2019-2020 SessionSame asA7739

Let Police See Gun Applications

Official title

“Relates to local and state law enforcement's access to records of applications for licenses of firearms”

Sponsor Alessandra BiaggiSD-34+1 co-sponsorAffects Legal
Status
Signed by Governor
Impact
4/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows local and state law enforcement access to firearm license application records, while keeping them non-public.

Why it matters

  1. Improves law enforcement investigations. By giving local and state law enforcement direct access to firearm license application records, the bill could aid active investigations or background checks, helping police verify if someone lawfully possesses firearms.

  2. Balances privacy with safety. While law enforcement gets access, the bill keeps these records non-public, aiming to protect the privacy of license applicants and prevent broad public dissemination of sensitive personal information.

  3. Standardizes access statewide. The bill clarifies and codifies that all state and local law enforcement agencies can access the statewide firearms license database in the course of duty, reducing ambiguity about their authority to obtain such information.

  4. Potential impact on civil liberties. Expanding police access to gun license data may raise concerns about government surveillance or misuse, making oversight and accountability measures particularly important for protecting individual rights.

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Who cares

  • Local and state law enforcement agencies

    The bill would require access to and copies of firearm license and recertification application information exempted from public disclosure upon request, and remove the database-access qualifier “as otherwise authorized by law.”

  • Firearm license applicants and holders

    Information covered by a granted public-record exemption would become available to local and state law enforcement, but copies obtained by those agencies would not be public records.

  • Division of State Police

    As administrator of the statewide license and record database, the division would maintain a system that local and state law enforcement could access in performing their duties without the deleted qualifier.

Headline styles

Let Police See Gun Applications

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Alessandra Biaggi

Senator · Senate District 34

Chair, Ethics And Internal Governance

1 Co-sponsor

History

  1. Signed chap.244
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.404
  6. Substituted for A7739
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 41–21
  10. Ordered to third reading cal.1203
  11. Committee discharged and committed to rules
  12. 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.

A7739Assembly

Police Access Gun License Records

Assembly Floor Calendar · Sponsor Amy Paulin

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6160

2019-2020 Regular Sessions

IN SENATE

May 21, 2019

Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed 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

S. 6160 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.

Sponsor's memo

Title of bill

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

Purpose or general idea of bill

To grant law enforcement officers access to and copies of application information for firearms licenses.

Summary of provisions

Section 1 amends subparagraph (iii) of paragraph (e) of subdivision 5 of section 400.00 of the penal law to provide that local and state law enforcement shall, upon request, be granted access to and copies of application information for firearms licenses.

Section 2 amends section 400.2 of the penal law to make a technical correction.

Section 3 provides the effective date.

Justification

When the SAFE Act was enacted in 2013, it included a provision that allows handgun license-holders and applicants to request that their application information be exempt from disclosure under the Freedom of Information Law. Language to provide that local and state law enforce- ment would still be able to access to this information was not included. Due to this omission in the law, this information is not currently released to law enforcement at the local level.

The State Police does provide this information to law enforcement upon request, but those requests can only be made for one specifically named individual at a time and only between the hours of 9:00 to 5:00. Since most domestic violence incidents occur in the evening, law enforcement would not be able to obtain this information from the State Police in these cases.

Without access to this information, law enforcement does not know wheth- er an individual has a gun or if a gun is likely on the premises. This puts law enforcement in danger, particularly in domestic violence inci- dents, where they must enter a home without any knowledge of whether a gun is present.

Having this information would allow law enforcement to take extra precautions to provide for their safety and the safety of others in the home.

Once a statewide license and record database is operational, law enforcement will be able to access all of this information automatic ally, through the database. Until that time, we must change the law to ensure that law enforcement can obtain this critical information.

Prior legislative history

New bill

Fiscal implications for state and local governments

None

Effective date

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.