NY Penal L § 400.00 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title W - Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used in the Transportation of Gambling Records Article 400 - Licensing and Other Provisions Relating to Firearms 400.00 - Licenses to Carry, Possess, Repair and Dispose of Firearms.

§ 400.00 Licenses to carry, possess, repair and dispose of firearms.   1. Eligibility. No license shall be issued or renewed pursuant to this section   except   by   the  licensing  officer,  and  then  only  after investigation and finding that all statements in  a  proper  application for a license are true. No license shall be issued or renewed except for an  applicant  (a)  twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the  United States  army,  navy,  marine  corps,  air  force  or coast guard, or the national guard of the state of New York, no such age  restriction  shall apply;  (b)  of  good  moral  character;  (c) who has not been convicted anywhere of a felony or a serious offense or who is not the  subject  of an outstanding warrant of arrest issued upon the alleged commission of a felony  or  serious offense; (d) who is not a fugitive from justice; (e) who is not an unlawful user of or addicted to any  controlled  substance as  defined  in section 21 U.S.C. 802; (f) who being an alien (i) is not illegally or unlawfully in the  United  States  or  (ii)  has  not  been admitted  to  the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been  discharged  from the  Armed  Forces under dishonorable conditions; (h) who, having been a citizen of the United States, has not renounced his or her  citizenship; (i)  who  has  stated  whether  he  or  she has ever suffered any mental illness; (j) who has not been  involuntarily  committed  to  a  facility under  the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene  law,  article seven  hundred  thirty  or section 330.20 of the criminal procedure law, section four hundred two or five hundred eight of  the  correction  law, section  322.2 or 353.4 of the family court act, or has not been civilly confined in a secure treatment facility pursuant to article ten  of  the mental  hygiene law; (k) who has not had a license revoked or who is not under a  suspension  or  ineligibility  order  issued  pursuant  to  the provisions  of  section  530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act; (l) in the county  of Westchester, who has successfully completed a firearms safety course and test  as  evidenced  by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a  duly authorized  instructor,  except  that:  (i)  persons  who  are honorably discharged from the United States army,  navy,  marine  corps  or  coast guard,  or  of  the national guard of the state of New York, and produce evidence of official  qualification  in  firearms  during  the  term  of service  are  not  required  to have completed those hours of a firearms safety  course  pertaining  to  the  safe  use,  carrying,   possession, maintenance and storage of a firearm; and (ii) persons who were licensed to  possess  a  pistol  or  revolver prior to the effective date of this paragraph are not required to have completed a  firearms  safety  course and  test;  (m)  who  has  not  had  a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental  illness,  incapacity, condition or disease, he or she lacks the mental capacity to contract or manage  his  or  her  own affairs; and (n) concerning whom no good cause exists for the denial of the license. No  person  shall  engage  in  the business  of  gunsmith or dealer in firearms unless licensed pursuant to this section. An applicant to engage in such business shall  also  be  a citizen  of  the  United  States,  more than twenty-one years of age and maintain a place of business in the city or county where the license  is issued.  For  such  business, if the applicant is a firm or partnership, each member thereof shall comply with all of the requirements set  forth in  this subdivision and if the applicant is a corporation, each officer thereof shall so comply.    1-a. For purposes of subdivision one of this section, serious  offense shall  include  an  offense  in any jurisdiction or the former penal law that includes all of the essential elements  of  a  serious  offense  as defined  by  subdivision  seventeen  of  section 265.00 of this chapter. Nothing in this subdivision shall preclude the denial of a license based on  the  commission  of,  arrest  for or conviction of an offense in any other jurisdiction which does not include all of the essential  elements of a serious offense.   2.  Types  of  licenses.  A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for  a  pistol  or revolver,  other  than  an  assault  weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling  by  a  householder;  (b) have  and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a  messenger  employed by  a  banking  institution  or  express  company;  (d)  have  and carry concealed by a justice of the supreme  court  in  the  first  or  second judicial  departments, or by a judge of the New York city civil court or the New York city criminal court; (e) have and carry concealed while  so employed by a regular employee of an institution of the state, or of any county,  city,  town  or  village,  under  control  of a commissioner of correction of the city or any warden, superintendent or head  keeper  of any   state  prison,  penitentiary,  workhouse,  county  jail  or  other institution for the detention of persons convicted or accused  of  crime or  held  as  witnesses  in criminal cases, provided that application is made therefor by  such  commissioner,  warden,  superintendent  or  head keeper;  (f)  have  and carry concealed, without regard to employment or place of possession, by any person when  proper  cause  exists  for  the issuance  thereof;  and  (g)  have,  possess,  collect and carry antique pistols which are defined  as  follows:  (i)  any  single  shot,  muzzle loading  pistol  with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before  l898,  which  is  not designed  for using rimfire or conventional centerfire fixed ammunition; and (ii) any replica of any pistol described in  clause  (i)  hereof  if such replica--  (1)  is  not  designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or  (2) uses rimfire or conventional centerfire fixed ammunition which  is no  longer  manufactured  in  the United States and which is not readily available in the ordinary channels of commercial trade.   3. Applications.  (a) Applications shall be made and renewed,  in  the case  of  a  license  to  carry  or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be,  where  the applicant  resides,  is principally employed or has his or her principal place of business as merchant or storekeeper; and,  in  the  case  of  a license  as  gunsmith  or  dealer  in firearms, to the licensing officer where such place of  business  is  located.  Blank  applications  shall, except  in  the  city  of  New  York,  be  approved  as  to  form by the superintendent of state police. An  application  shall  state  the  full name,  date  of  birth,  residence, present occupation of each person or individual signing the same, whether or not he or she is  a  citizen  of the  United  States,  whether  or  not  he  or  she  complies  with each requirement for eligibility specified in subdivision one of this section and such other facts as may be required  to  show  the  good  character, competency  and  integrity  of  each  person  or  individual signing the application.  An  application  shall  be  signed  and  verified  by  the applicant.  Each  individual  signing  an  application  shall submit one photograph of himself or herself and a duplicate for each required  copy of the application. Such photographs shall have been taken within thirty  days  prior  to filing the application. In case of a license as gunsmith or dealer in firearms, the photographs submitted  shall  be  two  inches square,  and the application shall also state the previous occupation of each  individual  signing the same and the location of the place of such business, or of the bureau, agency, subagency, office or  branch  office for  which  the license is sought, specifying the name of the city, town or village, indicating the street and number and otherwise  giving  such apt description as to point out reasonably the location thereof. In such case,  if the applicant is a firm, partnership or corporation, its name, date and place of formation, and principal place of  business  shall  be stated.  For  such  firm or partnership, the application shall be signed and verified by each individual composing or intending  to  compose  the same, and for such corporation, by each officer thereof.  (b)   Application   for   an  exemption  under  paragraph  seven-b  of subdivision a of section 265.20 of this chapter. Each applicant desiring to obtain the exemption set forth in paragraph seven-b of subdivision  a of  section 265.20 of this chapter shall make such request in writing of the licensing officer with whom his application for a license is  filed, at  the  time  of  filing such application. Such request shall include a signed and verified statement by the person authorized to  instruct  and supervise the applicant, that has met with the applicant and that he has determined  that,  in his judgment, said applicant does not appear to be or poses a threat to be, a danger to himself  or  to  others.  He  shall include  a copy of his certificate as an instructor in small arms, if he is required to be certified, and state his address and telephone number. He shall specify the exact  location  by  name,  address  and  telephone number  where  such  instruction will take place. Such licensing officer shall, no later than ten business days after such  filing,  request  the duly   constituted   police  authorities  of  the  locality  where  such application is made to investigate and ascertain any  previous  criminal record  of  the  applicant pursuant to subdivision four of this section. Upon completion of this investigation, the police authority shall report the results to the licensing  officer  without  unnecessary  delay.  The licensing  officer  shall  no  later  than  ten  business days after the receipt of such investigation,  determine  if  the  applicant  has  been previously  denied  a  license,  been  convicted  of  a  felony, or been convicted of a serious offense, and either  approve  or  disapprove  the applicant  for exemption purposes based upon such determinations. If the applicant is approved for the exemption,  the  licensing  officer  shall notify  the  appropriate  duly  constituted  police  authorities and the applicant. Such exemption shall terminate if  the  application  for  the license  is  denied,  or  at any earlier time based upon any information obtained by the licensing officer or the appropriate police  authorities which   would  cause  the  license  to  be  denied.  The  applicant  and appropriate  police  authorities  shall  be   notified   of   any   such terminations.   4.  Investigation.  Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the duly  constituted  police  authorities  of  the  locality   where   such application is made, including but not limited to such records as may be accessible  to  the  division  of  state  police or division of criminal justice services pursuant to section 400.02 of this  article.  For  that purpose,  the  records  of  the  appropriate office of the department of mental hygiene concerning previous or  present  mental  illness  of  the applicant shall be available for inspection by the investigating officer of  the  police authority. Where the applicant is domiciled in a foreign state, the investigation shall include inquiry of the foreign state  for records  concerning  the  previous  or  present  mental  illness  of the  applicant,  and,  to  the  extent  necessary  for  inspection   by   the investigating   officer,   the  applicant  shall  execute  a  waiver  of confidentiality of such record in such form as may be  required  by  the foreign  state.  In order to ascertain any previous criminal record, the investigating  officer  shall  take  the   fingerprints   and   physical descriptive  data  in  quadruplicate  of  each  individual  by  whom the application is signed and verified.  Two  copies  of  such  fingerprints shall  be  taken  on standard fingerprint cards eight inches square, and one copy may be taken on a card supplied for that purpose by the federal bureau of investigation; provided,  however,  that  in  the  case  of  a corporate  applicant  that  has already been issued a dealer in firearms license and seeks to  operate  a  firearm  dealership  at  a  second  or subsequent  location,  the  original fingerprints on file may be used to ascertain any criminal record in the second  or  subsequent  application unless  any  of  the  corporate  officers  have  changed since the prior application, in which case the new corporate officer shall  comply  with procedures  governing  an  initial  application  for  such license. When completed, one standard card shall be forwarded to and retained  by  the division  of  criminal  justice services in the executive department, at Albany. A search of the files of such division and written  notification of  the results of the search to the investigating officer shall be made without unnecessary delay. Thereafter, such division  shall  notify  the licensing  officer  and  the  executive  department,  division  of state police, Albany, of any criminal record of the  applicant  filed  therein subsequent  to  the  search of its files. A second standard card, or the one supplied by the federal bureau of investigation, as the case may be, shall be forwarded to that bureau at Washington with a request that  the files  of  the bureau be searched and notification of the results of the search be made to the investigating police authority. Of  the  remaining two fingerprint cards, one shall be filed with the executive department, division  of state police, Albany, within ten days after issuance of the license, and the other remain on  file  with  the  investigating  police authority.  No  such  fingerprints  may be inspected by any person other than a peace officer, who is acting  pursuant  to  his  or  her  special duties,  or a police officer, except on order of a judge or justice of a court of record either upon notice to the licensee or without notice, as the judge or justice  may  deem  appropriate.  Upon  completion  of  the investigation,  the  police  authority  shall  report the results to the licensing officer without unnecessary delay.   4-a. Processing of license  applications.  Applications  for  licenses shall be accepted for processing by the licensing officer at the time of presentment.  Except  upon  written notice to the applicant specifically stating the reasons for any delay, in each case  the  licensing  officer shall  act  upon  any application for a license pursuant to this section within six months of the date of presentment of such an  application  to the  appropriate  authority.  Such  delay may only be for good cause and with respect to the  applicant.  In  acting  upon  an  application,  the licensing   officer  shall  either  deny  the  application  for  reasons specifically and concisely stated in writing or  grant  the  application and issue the license applied for.   4-b.  Westchester  county  firearms  safety course certificate. In the county of Westchester, at the time of application, the licensing officer to which the license application is made shall provide  a  copy  of  the safety  course booklet to each license applicant. Before such license is issued, such licensing officer shall require that the applicant submit a certificate of successful completion of a  firearms  safety  course  and test  issued  in  his  or  her  name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor.    5. Filing of  approved  applications.  (a)  The  application  for  any license,  if  granted,  shall be filed by the licensing officer with the clerk of the county of issuance, except that in the  city  of  New  York and,  in the counties of Nassau and Suffolk, the licensing officer shall designate  the  place  of  filing in the appropriate division, bureau or unit of the police department thereof, and in the county of Suffolk  the county   clerk   is   hereby  authorized  to  transfer  all  records  or applications relating to firearms to the  licensing  authority  of  that county.  Except  as  provided  in  paragraphs  (b)  through  (f) of this subdivision, the name and address of any person to whom  an  application for  any  license  has  been  granted  shall  be  a  public record. Upon application by a licensee who has changed his place  of  residence  such records  or applications shall be transferred to the appropriate officer at the licensee's new place of  residence.  A  duplicate  copy  of  such application  shall  be  filed  by the licensing officer in the executive department, division of state police,  Albany,  within  ten  days  after issuance  of  the  license.  The  superintendent  of  state  police  may designate that such application shall be transmitted to the division  of state  police  electronically.  In  the  event the superintendent of the division of state police determines that it lacks  any  of  the  records required to be filed with the division, it may request that such records be  provided to it by the appropriate clerk, department or authority and such clerk, department or authority shall provide the division with such records. In the event such clerk, department  or  authority  lacks  such records, the division may request the license holder provide information sufficient  to  constitute  such  record  and  such license holder shall provide the division with such information. Such  information  shall  be limited  to  the  license  holder's  name,  date of birth, gender, race, residential address, social security number and  firearms  possessed  by said  license  holder. Nothing in this subdivision shall be construed to change the expiration  date  or  term  of  such  licenses  if  otherwise provided  for  in  law.  Records  assembled or collected for purposes of inclusion in the database established by this section shall be  released pursuant  to  a court order. Records assembled or collected for purposes of inclusion in the database created pursuant to section 400.02 of  this chapter  shall  not  be subject to disclosure pursuant to article six of the public officers law.  (b) Each application for a license pursuant to paragraph (a)  of  this subdivision  shall  include,  on a separate written form prepared by the division of state police within thirty days of the effective date of the chapter of the  laws  of  two  thousand  thirteen,  which  amended  this section,  and provided to the applicant at the same time and in the same manner as  the  application  for  a  license,  an  opportunity  for  the applicant   to   request  an  exception  from  his  or  her  application information becoming public record pursuant to  paragraph  (a)  of  this subdivision.   Such  forms,  which  shall  also  be  made  available  to individuals who had applied for or been granted a license prior  to  the effective date of the chapter of the laws of two thousand thirteen which amended  this section, shall notify applicants that, upon discovery that an applicant knowingly provided false information, such applicant may be subject to penalties pursuant to section 175.30  of  this  chapter,  and further,  that  his  or  her  request for an exception shall be null and void, provided that written  notice  containing  such  determination  is provided  to  the  applicant.  Further,  such  forms  shall provide each applicant an opportunity to specify the  grounds  on  which  he  or  she believes  his  or  her  application  information  should not be publicly disclosed. These grounds, which shall be identified on  the  application  with  a  box  beside each for checking, as applicable, by the applicant, shall be as follows:  (i)  the  applicant's  life  or safety may be endangered by disclosure because:  (A) the applicant is  an  active  or  retired  police  officer,  peace officer, probation officer, parole officer, or corrections officer;  (B)  the applicant is a protected person under a currently valid order of protection;  (C) the applicant is  or  was  a  witness  in  a  criminal  proceeding involving a criminal charge;  (D)  the  applicant  is  participating or previously participated as a juror in a criminal proceeding, or is or was a member of a  grand  jury; or  (E) the applicant is a spouse, domestic partner or household member of a  person  identified  in this subparagraph or subparagraph (ii) of this paragraph, specifying which subparagraph or  subparagraphs  and  clauses apply.  (ii) the applicant has reason to believe his or her life or safety may be endangered by disclosure due to reasons stated by the applicant.  (iii)  the applicant has reason to believe he or she may be subject to unwarranted harassment upon disclosure of such information.  (c) Each form provided for recertification pursuant to  paragraph  (b) of  subdivision ten of this section shall include an opportunity for the applicant to request an exception from the information provided on  such form   becoming   public  record  pursuant  to  paragraph  (a)  of  this subdivision. Such forms shall notify  applicants  that,  upon  discovery that  an  applicant knowingly provided false information, such applicant may be subject to penalties pursuant to section 175.30 of this  chapter, and  further, that his or her request for an exception shall be null and void, provided that written  notice  containing  such  determination  is provided  to  the  applicant.  Further,  such  forms  shall provide each applicant an opportunity to either  decline  to  request  the  grant  or continuation  of an exception, or specify the grounds on which he or she believes his or her information should not be publicly disclosed.  These grounds,  which shall be identified in the application with a box beside each for checking, as applicable, by the applicant, shall be the same as provided in paragraph (b) of this subdivision.  (d) Information submitted on the forms described in paragraph  (b)  of this subdivision shall be excepted from disclosure and maintained by the entity  retaining  such  information  separate  and apart from all other records.  (e) (i) Upon receiving a request for exception  from  disclosure,  the licensing  officer  shall  grant  such  exception, unless the request is determined to be null and void, pursuant to paragraph (b) or (c) of this subdivision.  (ii) A request for an exception from disclosure may  be  submitted  at any time, including after a license or recertification has been granted.  (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.  (f) The information of licensees or applicants for a license shall not be  disclosed  to  the  public  during the first one hundred twenty days following the effective date of the chapter of the laws of two  thousand thirteen, which amended this section. After such period, the information of  those  who  had  applied  for or been granted a license prior to the preparation of  the  form  for  requesting  an  exception,  pursuant  to paragraph  (b)  of  this  subdivision,  may  be  released  only  if such individuals did not file a request for  such  an  exception  during  the first  sixty days following such preparation; provided, however, that no information contained in an application for licensure or recertification shall be disclosed by an entity that has not  completed  processing  any such requests received during such sixty days.  (g)  If  a  request for an exception is determined to be null and void pursuant to paragraph (b) or (c) of this subdivision, an  applicant  may request  review  of such determination pursuant to article seventy-eight of the civil practice laws and  rules.  Such  proceeding  must  commence within  thirty  days  after service of the written notice containing the adverse determination. Notice of the right to commence such a  petition, and  the  time  period  therefor, shall be included in the notice of the determination. Disclosure following such a petition shall  not  be  made prior to the disposition of such review.   6.  License:  validity.  Any  license  issued pursuant to this section shall be valid notwithstanding  the  provisions  of  any  local  law  or ordinance.    No  license  shall  be transferable to any other person or premises. A license to carry  or  possess  a  pistol  or  revolver,  not otherwise  limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued  by the  police  commissioner of that city. Such license to carry or possess shall be valid within the city of New York in the absence  of  a  permit issued  by  the  police commissioner of that city, provided that (a) the firearms covered by such license have been  purchased  from  a  licensed dealer within the city of New York and are being transported out of said city  forthwith  and  immediately  from said dealer by the licensee in a locked container during a continuous and uninterrupted trip; or provided that (b) the firearms covered by such license are being  transported  by the  licensee in a locked container and the trip through the city of New York is continuous and uninterrupted; or provided that (c) the  firearms covered  by  such  license  are  carried  by armored car security guards transporting money or other valuables, in, to, or  from  motor  vehicles commonly  known  as armored cars, during the course of their employment; or provided that (d) the licensee is a retired police officer as  police officer  is  defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law  or  a  retired  federal  law  enforcement officer,  as  defined in section 2.15 of the criminal procedure law, who has been issued a license by an authorized licensing officer as  defined in subdivision ten of section 265.00 of this chapter; provided, further, however,  that if such license was not issued in the city of New York it must  be  marked  "Retired  Police  Officer"  or  "Retired  Federal  Law Enforcement  Officer", as the case may be, and, in the case of a retired officer the license shall be deemed to permit only police or federal law enforcement regulations weapons; or provided that (e) the licensee is  a peace  officer  described  in  subdivision  four  of section 2.10 of the criminal procedure law and the license, if issued by other than the city of New York, is marked "New York State Tax Department Peace Officer" and in such case the exemption shall apply only to  the  firearm  issued  to such  licensee  by  the department of taxation and finance. A license as gunsmith or dealer in firearms shall not be valid outside  the  city  or  county,   as   the  case  may  be,  where  issued.  Notwithstanding  any inconsistent provision of state or local law or rule or regulation,  the premises  limitation  set  forth  in  any  license to have and possess a pistol  or  revolver  in  the  licensee's  dwelling or place of business pursuant to paragraph (a) or (b) of  subdivision  two  of  this  section shall  not  prevent the transport of such pistol or revolver directly to or from (i) another dwelling or place of business of the licensee  where the  licensee is authorized to have and possess such pistol or revolver, (ii) an indoor or outdoor shooting range that is authorized  by  law  to operate  as such, (iii) a shooting competition at which the licensee may possess such pistol  or  revolver  consistent  with  the  provisions  of subdivision  a  of section 265.20 of this chapter or consistent with the law applicable at the place of  such  competition,  or  (iv)  any  other location  where  the licensee is lawfully authorized to have and possess such pistol or revolver; provided however, that during such transport to or from a location  specified  in  clauses  (i)  through  (iv)  of  this paragraph,  the  pistol  or  revolver shall be unloaded and carried in a locked  container,  and  the  ammunition  therefor  shall   be   carried separately;  provided  further,  however,  that  a  license  to have and possess a pistol or revolver in the  licensee's  dwelling  or  place  of business  pursuant  to  paragraph  (a) or (b) of subdivision two of this section that is issued by a licensing  officer  other  than  the  police commissioner  of the city of New York shall not authorize transport of a pistol or revolver into the city of New York in the absence  of  written authorization to do so by the police commissioner of that city. The term "locked container" shall not include the glove compartment or console of a vehicle.   7.  License:  form. Any license issued pursuant to this section shall, except in the  city  of  New  York,  be  approved  as  to  form  by  the superintendent  of  state police. A license to carry or possess a pistol or revolver shall have attached the licensee's photograph, and a  coupon which shall be removed and retained by any person disposing of a firearm to  the  licensee.  Such  license  shall  specify  the weapon covered by calibre, make, model, manufacturer's name and serial number, or if none, by any other distinguishing number or  identification  mark,  and  shall indicate  whether  issued  to  carry  on  the  person  or possess on the premises, and if on the premises shall also specify the place where  the licensee  shall possess the same. If such license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular  reason  for the  issuance  and  the  names  of  the  persons  certifying to the good character of the  applicant.  Any  license  as  gunsmith  or  dealer  in firearms  shall mention and describe the premises for which it is issued and shall be valid only for such premises.   8. License: exhibition and display. Every licensee  while  carrying  a pistol  or  revolver  shall have on his or her person a license to carry the same. Every person licensed to  possess  a  pistol  or  revolver  on particular  premises  shall  have  the  license  for  the  same  on such premises. Upon demand, the license shall be exhibited for inspection  to any  peace officer, who is acting pursuant to his or her special duties, or police officer. A license as gunsmith or dealer in firearms shall  be prominently  displayed on the licensed premises. A gunsmith or dealer of firearms may conduct business temporarily at a location other  than  the location  specified  on  the  license  if such temporary location is the location for a gun show or event sponsored by any  national,  state,  or local organization, or any affiliate of any such organization devoted to the  collection,  competitive use or other sporting use of firearms. Any sale or transfer at a gun show must also comply with the  provisions  of  article  thirty-nine-DD  of the general business law. Records of receipt and disposition of firearms transactions  conducted  at  such  temporary location shall include the location of the sale or other disposition and shall  be  entered in the permanent records of the gunsmith or dealer of firearms and retained on the location specified on the license.  Nothing in  this  section  shall authorize any licensee to conduct business from any motorized or towed vehicle. A separate fee shall not be required  of a  licensee  with  respect to business conducted under this subdivision. Any inspection or examination of inventory or records under this section at such temporary location shall be limited to inventory consisting  of, or  records  related  to,  firearms  held  or disposed at such temporary locations. Failure of any licensee to so exhibit or display his  or  her license,  as  the  case may be, shall be presumptive evidence that he or she is not duly licensed.   9. License: amendment. Elsewhere than in  the  city  of  New  York,  a person  licensed  to  carry or possess a pistol or revolver may apply at any time to his or her licensing officer for amendment  of  his  or  her license  to  include  one or more such weapons or to cancel weapons held under license. If granted, a record  of  the  amendment  describing  the weapons  involved  shall  be  filed  by  the  licensing  officer  in the executive  department,   division   of   state   police,   Albany.   The superintendent  of  state  police  may  authorize that such amendment be completed and transmitted  to  the  state  police  in  electronic  form. Notification  of any change of residence shall be made in writing by any licensee within ten days after such change occurs, and a record of  such change shall be inscribed by such licensee on the reverse side of his or her license. Elsewhere than in the city of New York, and in the counties of  Nassau and Suffolk, such notification shall be made to the executive department, division of state police, Albany, and in  the  city  of  New York  to  the  police  commissioner  of  that city, and in the county of Nassau to the police commissioner of that county, and in the  county  of Suffolk  to  the licensing officer of that county, who shall, within ten days after such notification shall be  received  by  him  or  her,  give notice  in  writing of such change to the executive department, division of state police, at Albany.   10. License: expiration, certification and renewal.  (a)  Any  license for  gunsmith  or  dealer  in firearms and, in the city of New York, any license to carry or possess a pistol or revolver,  issued  at  any  time pursuant  to  this  section  or prior to the first day of July, nineteen hundred sixty-three and not limited to expire on an earlier  date  fixed in the license, shall expire not more than three years after the date of issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or possess a pistol or revolver,  issued  at  any  time pursuant  to  this  section  or prior to the first day of July, nineteen hundred sixty-three and not limited to expire on an earlier  date  fixed in  the license, shall expire not more than five years after the date of issuance; however, in the county of Westchester, any such license  shall be  certified  prior  to  the  first  day  of  April,  two  thousand, in accordance with a schedule to be contained in regulations promulgated by the commissioner of the division of criminal justice services, and every such license shall be  recertified  every  five  years  thereafter.  For purposes  of  this  section  certification  shall mean that the licensee shall provide to the licensing officer the following  information  only: current  name,  date  of  birth,  current  address, and the make, model, caliber and serial number of  all  firearms  currently  possessed.  Such certification information shall be filed by the licensing officer in the same  manner as an amendment. Elsewhere than in the city of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this section  or prior to the first day of July, nineteen hundred sixty-three and not previously revoked or cancelled, shall be in  force  and  effect until  revoked  as herein provided. Any license not previously cancelled or revoked shall remain in full force and effect for thirty days  beyond the  stated  expiration date on such license. Any application to renew a license that has not previously expired, been revoked or cancelled shall thereby extend  the  term  of  the  license  until  disposition  of  the application  by  the  licensing  officer.  In  the case of a license for gunsmith or dealer in firearms, in counties having a population of  less than  two  hundred  thousand  inhabitants,  photographs and fingerprints shall be submitted on original applications and upon renewal  thereafter only  at  six  year  intervals. Upon satisfactory proof that a currently valid original license has been despoiled,  lost  or  otherwise  removed from  the  possession of the licensee and upon application containing an additional photograph of the licensee, the licensing officer shall issue a duplicate license.  (b) All licensees shall be recertified to the division of state police every five years thereafter. Any license  issued  before  the  effective date  of  the  chapter  of the laws of two thousand thirteen which added this paragraph shall be recertified by the licensee on or before January thirty-first, two thousand eighteen, and not less than one year prior to such date, the state police shall send a notice to all  license  holders who  have not recertified by such time. Such recertification shall be in a form as approved by the superintendent of state  police,  which  shall request  the  license  holder's  name,  date  of  birth,  gender,  race, residential address, social security number, firearms possessed by  such license holder, email address at the option of the license holder and an affirmation  that  such license holder is not prohibited from possessing firearms. The form may be in an electronic form if so designated by  the superintendent  of  state  police.  Failure  to recertify shall act as a revocation of such license. If the New York state police discover  as  a result  of the recertification process that a licensee failed to provide a change of address, the New York state police  shall  not  require  the licensing officer to revoke such license.   11.  License:  revocation  and  suspension.  (a)  The  conviction of a licensee anywhere of a felony or serious offense or a  licensee  at  any time  becoming  ineligible  to obtain a license under this section shall operate as a revocation of the license. A  license  may  be  revoked  or suspended  as  provided  for in section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act. Except for a license issued pursuant to  section  400.01  of  this  article,  a license  may  be  revoked  and  cancelled at any time in the city of New York, and in the counties  of  Nassau  and  Suffolk,  by  the  licensing officer,  and  elsewhere  than  in  the city of New York by any judge or justice of a court of record;  a  license  issued  pursuant  to  section 400.01  of  this article may be revoked and cancelled at any time by the licensing officer or any judge or justice of  a  court  of  record.  The official  revoking  a  license shall give written notice thereof without unnecessary delay to the executive department, division of state police, Albany, and shall also notify immediately the  duly  constituted  police authorities of the locality.  (b) Whenever the director of community services or his or her designee makes  a  report pursuant to section 9.46 of the mental hygiene law, the division of criminal justice services  shall  convey  such  information, whenever  it  determines that the person named in the report possesses a license issued pursuant to this section, to  the  appropriate  licensing official, who shall issue an order suspending or revoking such license.  (c)  In  any  instance  in  which  a  person's license is suspended or revoked under paragraph (a) or (b)  of  this  subdivision,  such  person shall  surrender  such license to the appropriate licensing official and any and all firearms, rifles, or shotguns owned  or  possessed  by  such person  shall be surrendered to an appropriate law enforcement agency as provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of section  265.20  of  this  chapter.  In the event such license, firearm, shotgun, or rifle is not surrendered, such items shall  be  removed  and declared  a  nuisance  and  any  police  officer or peace officer acting pursuant to his or her special duties is authorized to  remove  any  and all such weapons.   12.  Records required of gunsmiths and dealers in firearms. Any person licensed as gunsmith or dealer in firearms  shall  keep  a  record  book approved   as  to  form,  except  in  the  city  of  New  York,  by  the superintendent of state police. In the record book shall be  entered  at the  time  of every transaction involving a firearm the date, name, age, occupation and residence of any person from whom a firearm  is  received or  to  whom  a  firearm  is  delivered,  and  the calibre, make, model, manufacturer's  name  and  serial  number,  or  if   none,   any   other distinguishing  number  or  identification  mark on such firearm. Before delivering a firearm to any person, the licensee shall  require  him  to produce  either  a  license valid under this section to carry or possess the same, or proof of lawful authority as an exempt person  pursuant  to section  265.20  of  this  chapter  and  either (a) the National Instant Criminal Background Check System (NICS) or its successor  has  issued  a "proceed"  response  to  the  licensee, or (b) thirty calendar days have elapsed since the  date  the  licensee  contacted  NICS  to  initiate  a national instant criminal background check and NICS has not notified the licensee  that  the  transfer  of  the  firearm to such person should be denied. In addition, before delivering a firearm to a peace officer, the licensee shall verify that person's status as a peace officer  with  the division  of  state police. After completing the foregoing, the licensee shall remove and retain the attached coupon and enter in the record book the date of such license, number, if any,  and  name  of  the  licensing officer,  in the case of the holder of a license to carry or possess, or the shield or other number, if any, assignment and department,  unit  or agency, in the case of an exempt person. The original transaction report shall  be  forwarded  to the division of state police within ten days of delivering a firearm to any person, and a duplicate copy shall  be  kept by  the  licensee. The superintendent of state police may designate that such record shall be completed and transmitted  in  electronic  form.  A dealer  may  be  granted  a  waiver  from  transmitting  such records in electronic form if the superintendent determines  that  such  dealer  is incapable of such transmission due to technological limitations that are not  reasonably  within  the control of the dealer, or other exceptional circumstances  demonstrated  by  the  dealer,  pursuant  to  a   process established  in regulation, and at the discretion of the superintendent. Records assembled or collected for purposes of inclusion in the database created pursuant to section 400.02 of this article shall not be  subject to  disclosure  pursuant  to article six of the public officers law. The record book shall be maintained on the premises mentioned and  described in  the license and shall be open at all reasonable hours for inspection by any peace officer, acting pursuant to his special duties,  or  police officer.  In  the event of cancellation or revocation of the license for gunsmith or dealer in firearms,  or  discontinuance  of  business  by  a licensee,  such  record  book  shall  be  immediately surrendered to the licensing officer in the city of New York, and in the counties of Nassau  and Suffolk, and elsewhere in the state  to  the  executive  department, division of state police.   12-a.  State  police  regulations  applicable  to  licensed  gunsmiths engaged in the business of assembling  or  manufacturing  firearms.  The superintendent  of state police is hereby authorized to issue such rules and regulations as he deems reasonably necessary to  prevent  the  manu- facture  and  assembly  of  unsafe firearms in the state. Such rules and regulations shall establish safety standards  in  regard  to  the  manu- facture  and assembly of firearms in the state, including specifications as to materials and parts used,  the  proper  storage  and  shipment  of firearms,  and  minimum standards of quality control. Regulations issued by the state police pursuant to this  subdivision  shall  apply  to  any person licensed as a gunsmith under this section engaged in the business of manufacturing or assembling firearms, and any violation thereof shall subject  the  licensee  to revocation of license pursuant to subdivision eleven of this section.   12-c. Firearms records. (a) Every employee of a state or local agency, unit of local government,  state  or  local  commission,  or  public  or private  organization  who  possesses  a firearm or machine-gun under an exemption to  the  licensing  requirements  under  this  chapter,  shall promptly  report in writing to his employer the make, model, calibre and serial number of each such firearm or  machine-gun.  Thereafter,  within ten  days of the acquisition or disposition of any such weapon, he shall furnish such information to his employer, including the name and address of the person from whom the weapon  was  acquired  or  to  whom  it  was disposed.  (b)  Every  head of a state or local agency, unit of local government, state or  local  commission,  public  authority  or  public  or  private organization  to  whom  an  employee  has submitted a report pursuant to paragraph (a) of this subdivision shall promptly forward such report  to the superintendent of state police.  (c)  Every  head of a state or local agency, unit of local government, state or local commission, public authority, or any other  agency,  firm or corporation that employs persons who may lawfully possess firearms or machine-guns  without  the  requirement  of  a license therefor, or that employs persons licensed to  possess  firearms  or  machine-guns,  shall promptly  report  to  the  superintendent of state police, in the manner prescribed by him, the make, model, calibre and serial number  of  every firearm or machine-gun possessed by it on the effective date of this act for  the  use of such employees or for any other use. Thereafter, within ten days of the acquisition or disposition of any such weapon, such head shall report such information to the superintendent of the state police, including the name and address of the person from whom  the  weapon  was acquired or to whom it was disposed.   13.  Expenses. The expense of providing a licensing officer with blank applications, licenses and record books for carrying out the  provisions of this section shall be a charge against the county, and in the city of New York against the city.   14. Fees. In the city of New York and the county of Nassau, the annual license fee shall be twenty-five dollars for gunsmiths and fifty dollars for  dealers  in  firearms.  In  such  city, the city council and in the county of Nassau the Board of  Supervisors  shall  fix  the  fee  to  be charged  for  a  license  to  carry  or possess a pistol or revolver and provide for the disposition of such fees. Elsewhere in  the  state,  the licensing  officer  shall  collect  and pay into the county treasury the following fees: for each  license  to  carry  or  possess  a  pistol  or revolver,  not  less than three dollars nor more than ten dollars as may be determined by the legislative body of the county; for each  amendment  thereto,  three  dollars, and five dollars in the county of Suffolk; and for each license issued  to  a  gunsmith  or  dealer  in  firearms,  ten dollars.  The fee for a duplicate license shall be five dollars. The fee for  processing  a  license  transfer  between  counties  shall  be five dollars. The fee for processing a  license  or  renewal  thereof  for  a qualified   retired   police   officer   as  defined  under  subdivision thirty-four of  section  1.20  of  the  criminal  procedure  law,  or  a qualified  retired  sheriff, undersheriff, or deputy sheriff of the city of New York as defined under subdivision two  of  section  2.10  of  the criminal  procedure  law,  or  a  qualified  retired  bridge  and tunnel officer, sergeant or lieutenant of  the  triborough  bridge  and  tunnel authority  as  defined  under  subdivision twenty of section 2.10 of the criminal procedure law, or a qualified retired uniformed  court  officer in  the  unified court system, or a qualified retired court clerk in the unified court system in the first and second  judicial  departments,  as defined  in paragraphs a and b of subdivision twenty-one of section 2.10 of the criminal procedure law or a retired correction officer as defined in subdivision twenty-five of section 2.10 of the criminal procedure law shall be waived in all counties throughout the state.   15. Any violation by any person of any provision of this section is  a class A misdemeanor.   16.  Unlawful disposal. No person shall except as otherwise authorized pursuant to law dispose of any firearm unless he is licensed as gunsmith or dealer in firearms.   16-a. Registration. (a) An owner of a weapon defined in paragraph  (e) or  (f)  of  subdivision  twenty-two  of section 265.00 of this chapter, possessed before the date of the effective date of the  chapter  of  the laws  of  two thousand thirteen which added this paragraph, must make an application to register such weapon with  the  superintendent  of  state police,  in  the manner provided by the superintendent, or by amending a license issued pursuant to this section within one year of the effective date of this subdivision except any weapon  defined  under  subparagraph (vi)  of  paragraph  (g)  of subdivision twenty-two of section 265.00 of this chapter transferred into the state may be registered at  any  time, provided  such  weapons  are  registered  within  thirty  days  of their transfer into the state.  Registration  information  shall  include  the registrant's  name,  date  of  birth, gender, race, residential address, social  security  number  and  a  description  of  each   weapon   being registered. A registration of any weapon defined under subparagraph (vi) of  paragraph  (g)  of  subdivision  twenty-two  of  section 265.00 or a feeding device as defined  under  subdivision  twenty-three  of  section 265.00  of  this chapter shall be transferable, provided that the seller notifies the state police within seventy-two hours of the  transfer  and the  buyer  provides  the  state  police  with information sufficient to constitute a registration under this section.  Such  registration  shall not be valid if such registrant is prohibited or becomes prohibited from possessing   a   firearm   pursuant   to   state  or  federal  law.  The superintendent shall determine whether  such  registrant  is  prohibited from  possessing  a firearm under state or federal law. Such check shall be limited to determining whether the factors in 18 USC 922 (g) apply or whether a registrant has been convicted of a serious offense as  defined in  subdivision  sixteen-b  of  section 265.00 of this chapter, so as to prohibit such registrant from possessing a firearm, and whether a report has been issued pursuant to section 9.46 of the mental hygiene law.  All registrants  shall  recertify to the division of state police every five years thereafter. Failure to recertify shall result in a  revocation  of such registration.  (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of this  subdivision,  an  owner  of  an  assault  weapon  as  defined   in subdivision  twenty-two  of  section  265.00  of  this chapter, who is a qualified retired New York or federal law enforcement officer as defined in subdivision twenty-five of section 265.00 of this chapter, where such weapon  was  issued  to or purchased by such officer prior to retirement and in the course of his or her official  duties,  and  for  which  such officer  was  qualified  by the agency that employed such officer within twelve months prior to his or her retirement, must register such  weapon within sixty days of retirement.  (b)  The  superintendent  of state police shall create and maintain an internet website to educate the public as to which semiautomatic  rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are illegal as  a result of the enactment of the chapter of the laws of two thousand thirteen which added this paragraph, as well  as  such  assault  weapons which  are  illegal  pursuant  to article two hundred sixty-five of this chapter. Such website shall contain information to assist the public  in recognizing the relevant features proscribed by such article two hundred sixty-five,  as  well  as  which  make and model of weapons that require registration.  (c) A person who knowingly fails to apply to register such weapon,  as required  by  this section, within one year of the effective date of the chapter of the laws of two thousand thirteen which added this  paragraph shall be guilty of a class A misdemeanor and such person who unknowingly fails  to validly register such weapon within such one year period shall be given a warning by an appropriate  law  enforcement  authority  about such  failure  and  given thirty days in which to apply to register such weapon or to surrender it. A failure to apply or surrender  such  weapon within  such thirty-day period shall result in such weapon being removed by an appropriate law enforcement authority and declared a nuisance.   16-b. The cost of the software, programming and interface required  to transmit  any  record  that  must  be  electronically transmitted by the dealer or licensing officer to the division of state police pursuant  to this chapter shall be borne by the state.   17.  Applicability  of  section. The provisions of article two hundred sixty-five of this chapter relating to illegal possession of a  firearm, shall not apply to an offense which also constitutes a violation of this section  by  a  person  holding  an  otherwise  valid  license under the provisions of this section and such offense shall only be punishable  as a  class  A  misdemeanor  pursuant  to  this  section.  In addition, the provisions of such article two hundred sixty-five of this chapter  shall not  apply  to  the possession of a firearm in a place not authorized by law, by a person who holds an otherwise valid license or possession of a firearm by a person within a one year period after the stated expiration date of an  otherwise  valid  license  which  has  not  been  previously cancelled  or  revoked shall only be punishable as a class A misdemeanor pursuant to this section.   18. Notice. Upon the issuance of  a  license,  the  licensing  officer shall  issue  therewith  the following notice in conspicuous and legible twenty-four point type on eight and one-half  inches  by  eleven  inches paper stating in bold print the following:   WARNING:  RESPONSIBLE  FIREARM  STORAGE  IS THE LAW IN NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR  IN  A  SAFE STORAGE  DEPOSITORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH  A  PERSON PROHIBITED  FROM  POSSESSING  A  FIREARM  UNDER  STATE  OR  FEDERAL LAW. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED  IN  A  LOCATION  SEPARATE  FROM  AMMUNITION.  LEAVING  FIREARMS  ACCESSIBLE  TO  A  CHILD  OR OTHER PROHIBITED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH.   Nothing  in  this  subdivision  shall  be  deemed to affect, impair or supersede  any  special  or  local  law  relating  to  providing  notice regarding the safe storage of rifles, shotguns or firearms.