N.Y. PEN Law § 400.02 — New York Code / Act PEN / Part 4 / Title W / Article 400 / Section 400.02
Statewide license and record database
Status: in_force

§ 400.02 Statewide license and record database.\n  1. There shall be a statewide license and record database which shall\nbe created and maintained by the division of state police the cost of\nwhich shall not be borne by any municipality. Records assembled or\ncollected for purposes of inclusion in such database shall not be\nsubject to disclosure pursuant to article six of the public officers\nlaw. All records containing granted license applications from all\nlicensing authorities shall be monthly checked by the division of\ncriminal justice services in conjunction with the division of state\npolice against criminal conviction, criminal indictment, mental health,\nextreme risk protection orders, orders of protection, and all other\nrecords as are necessary to determine their continued accuracy as well\nas whether an individual is no longer a valid license holder. The\ndivision of criminal justice services shall also check pending\napplications made pursuant to this article against such records to\ndetermine whether a license may be granted. All state and local agencies\nshall cooperate with the division of criminal justice services, as\notherwise authorized by law, in making their records available for such\nchecks. The division of criminal justice services, upon determining that\nan individual is ineligible to possess a license, or is no longer a\nvalid license holder, shall notify the applicable licensing official of\nsuch determination and such licensing official shall not issue a license\nor shall revoke such license and any weapons owned or possessed by such\nindividual shall be removed consistent with the provisions of\nsubdivision eleven of section 400.00 of this article. Local and state\nlaw enforcement shall have access to such database in the performance of\ntheir duties. Records assembled or collected for purposes of inclusion\nin the database established by this section shall be released pursuant\nto a court order.\n  2. There shall be a statewide license and record database specific for\nammunition sales which shall be created and maintained by the division\nof state police the cost of which shall not be borne by any municipality\nno later than thirty days upon designating the division of state police\nas the point of contact to perform both firearm and ammunition\nbackground checks under federal and state law. Records assembled or\ncollected for purposes of inclusion in such database shall not be\nsubject to disclosure pursuant to article six of the public officers\nlaw. All records containing granted license applications from all\nlicensing authorities shall be monthly checked by the division of\ncriminal justice services in conjunction with the division of state\npolice against criminal conviction, criminal indictments, mental health,\nextreme risk protection orders, orders of protection, and all other\nrecords as are necessary to determine their continued accuracy as well\nas whether an individual is no longer a valid license holder. The\ndivision of criminal justice services shall also check pending\napplications made pursuant to this article against such records to\ndetermine whether a license may be granted. All state and local agencies\nshall cooperate with the division of criminal justice services, as\notherwise authorized by law, in making their records available for such\nchecks. No later than thirty days after the superintendent of the state\npolice certifies that the statewide license and record database\nestablished pursuant to this section and the statewide license and\nrecord database established for ammunition sales are operational for the\npurposes of this section, a dealer in firearms licensed pursuant to\nsection 400.00 of this article, a seller of ammunition as defined in\nsubdivision twenty-four of section 265.00 of this chapter shall not\ntransfer any ammunition to any other person who is not a dealer in\nfirearms as defined in subdivision nine of such section 265.00 or a\nseller of ammunition as defined in subdivision twenty-four of section\n265.00 of this chapter, unless:\n  (a) before the completion of the transfer, the licensee or seller\ncontacts the statewide license and record database and provides the\ndatabase with information sufficient to identify such dealer or seller\ntransferee based on information on the transferee's identification\ndocument as defined in paragraph (c) of this subdivision, as well as the\namount, caliber, manufacturer's name and serial number, if any, of such\nammunition;\n  (b) the licensee or seller is provided with a unique identification\nnumber; and\n  (c) the transferor has verified the identity of the transferee by\nexamining a valid state identification document of the transferee issued\nby the department of motor vehicles or if the transferee is not a\nresident of the state of New York, a valid identification document\nissued by the transferee's state or country of residence containing a\nphotograph of the transferee.\n