2023 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 › 400.02 - Statewide License and Record Database.

§ 400.02 Statewide license and record database.
1.  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. All  records  containing  granted  license  applications  from  all
licensing  authorities  shall  be  monthly  checked  by  the division of
criminal justice services in conjunction  with  the  division  of  state
police  against criminal conviction, criminal indictment, mental health,
extreme risk protection orders, orders  of  protection,  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 and local 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  shall 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 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.
2. There shall be a statewide license and record database specific for
ammunition sales which shall be created and maintained by  the  division
of state police the cost of which shall not be borne by any municipality
no  later than thirty days upon designating the division of state police
as  the  point  of  contact  to  perform  both  firearm  and  ammunition
background  checks  under  federal  and  state law. 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. All  records  containing  granted  license  applications  from  all
licensing  authorities  shall  be  monthly  checked  by  the division of
criminal justice services in conjunction  with  the  division  of  state
police against criminal conviction, criminal indictments, mental health,
extreme  risk  protection  orders,  orders  of protection, 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 and local agencies
shall cooperate with the  division  of  criminal  justice  services,  as
otherwise  authorized by law, in making their records available for such
checks. No later than thirty days after the superintendent of the  state
police   certifies  that  the  statewide  license  and  record  database
established pursuant to this  section  and  the  statewide  license  and
record database established for ammunition sales are operational for the
purposes  of  this  section,  a  dealer in firearms licensed pursuant to
section 400.00 of this article, a seller of  ammunition  as  defined  in
subdivision  twenty-four  of  section  265.00  of this chapter shall not
transfer any ammunition to any other person  who  is  not  a  dealer  in
firearms  as  defined  in  subdivision  nine of such section 265.00 or a

seller of ammunition as defined in subdivision  twenty-four  of  section
265.00 of this chapter, unless:
(a)  before  the  completion  of  the transfer, the licensee or seller
contacts the statewide license and  record  database  and  provides  the
database  with  information sufficient to identify such dealer or seller
transferee based  on  information  on  the  transferee's  identification
document as defined in paragraph (c) of this subdivision, as well as the
amount,  caliber, manufacturer's name and serial number, if any, of such
ammunition;
(b) the licensee or seller is provided with  a  unique  identification
number; and
(c)  the  transferor  has  verified  the identity of the transferee by
examining a valid state identification document of the transferee issued
by the department of motor vehicles  or  if  the  transferee  is  not  a
resident  of  the  state  of  New  York, a valid identification document
issued by the transferee's state or country of  residence  containing  a
photograph of the transferee.