N.Y. Penal Law § 400.00

§ 400.00 Licensing and other provisions relating to firearms.\n 1. Eligibility. No license shall be issued or renewed pursuant to this\nsection except by the licensing officer, and then only after\ninvestigation and finding that all statements in a proper application\nfor a license are true. No license shall be issued or renewed except for\nan applicant (a) twenty-one years of age or older, provided, however,\nthat where such applicant has been honorably discharged from the United\nStates army, navy, marine corps, air force or coast guard, or the\nnational guard of the state of New York, no such age restriction shall\napply; (b) of good moral character, which, for the purposes of this\narticle, shall mean having the essential character, temperament and\njudgement necessary to be entrusted with a weapon and to use it only in\na manner that does not endanger oneself or others; (c) who has not been\nconvicted anywhere of a felony or a serious offense or who is not the\nsubject of an outstanding warrant of arrest issued upon the alleged\ncommission of a felony or serious offense; (d) who is not a fugitive\nfrom justice; (e) who is not an unlawful user of or addicted to any\ncontrolled substance as defined in section 21 U.S.C. 802; (f) who being\na noncitizen (i) is not illegally or unlawfully in the United States or\n(ii) has not been admitted to the United States under a nonimmigrant\nvisa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not\nbeen discharged from the Armed Forces under dishonorable conditions; (h)\nwho, having been a citizen of the United States, has not renounced his\nor her citizenship; (i) who has stated whether he or she has ever\nsuffered any mental illness; (j) who has not been involuntarily\ncommitted to a facility under the jurisdiction of an office of the\ndepartment of mental hygiene pursuant to article nine or fifteen of the\nmental hygiene law, article seven hundred thirty or section 330.20 of\nthe criminal procedure law or substantially similar laws of any other\nstate, section four hundred two or five hundred eight of the correction\nlaw, section 322.2 or 353.4 of the family court act, has not been\ncivilly confined in a secure treatment facility pursuant to article ten\nof the mental hygiene law, or has not been the subject of a report made\npursuant to section 9.46 of the mental hygiene law; (k) who has not had\na license revoked or who is not under a suspension or ineligibility\norder issued pursuant to the provisions of section 530.14 of the\ncriminal procedure law or section eight hundred forty-two-a of the\nfamily court act; (l) in the county of Westchester, who has successfully\ncompleted a firearms safety course and test as evidenced by a\ncertificate of completion issued in his or her name and endorsed and\naffirmed under the penalties of perjury by a duly authorized instructor,\nexcept that: (i) persons who are honorably discharged from the United\nStates army, navy, marine corps or coast guard, or of the national guard\nof the state of New York, and produce evidence of official qualification\nin firearms during the term of service are not required to have\ncompleted those hours of a firearms safety course pertaining to the safe\nuse, carrying, possession, maintenance and storage of a firearm; (ii)\npersons who were licensed to possess a pistol or revolver prior to the\neffective date of this paragraph are not required to have completed a\nfirearms safety course and test, provided, however, persons with a\nlicense issued under paragraph (f) of subdivision two of this section\nprior to the effective date of the laws of two thousand twenty-two which\namended this paragraph shall be required to complete the training\nrequired by subdivision nineteen of this section prior to the\nrecertification of such license; and (iii) persons applying for a\nlicense under paragraph (f) of subdivision two of this section on or\nafter the effective date of the chapter of the laws of two thousand\ntwenty-two which amended this paragraph who shall be required to\ncomplete the training required under subdivision nineteen of this\nsection for such license; (m) who has not had a guardian appointed for\nhim or her pursuant to any provision of state law, based on a\ndetermination that as a result of marked subnormal intelligence, mental\nillness, incompetency, incapacity, condition or disease, he or she lacks\nthe mental capacity to contract or manage his or her own affairs; (n)\nfor a license issued under paragraph (f) of subdivision two of this\nsection, that the applicant has not been convicted within five years of\nthe date of the application of any of the following: (i) assault in the\nthird degree, as defined in section 120.00 of this chapter; (ii)\nmisdemeanor driving while intoxicated, as defined in section eleven\nhundred ninety-two of the vehicle and traffic law; or (iii) menacing, as\ndefined in section 120.15 of this chapter; and (o) for a license issued\nunder paragraph (f) of subdivision two of this section, the applicant\nshall meet in person with the licensing officer for an interview and\nshall, in addition to any other information or forms required by the\nlicense application submit to the licensing officer the following\ninformation: (i) names and contact information for the applicant's\ncurrent spouse, or domestic partner, any other adults residing in the\napplicant's home, including any adult children of the applicant, and\nwhether or not there are minors residing, full time or part time, in the\napplicant's home; (ii) names and contact information of no less than\nfour character references who can attest to the applicant's good moral\ncharacter and that such applicant has not engaged in any acts, or made\nany statements that suggest they are likely to engage in conduct that\nwould result in harm to themselves or others; (iii) certification of\ncompletion of the training required in subdivision nineteen of this\nsection; (iv) a list of former and current social media accounts of the\napplicant from the past three years to confirm the information regarding\nthe applicants character and conduct as required in subparagraph (ii) of\nthis paragraph; and (v) such other information required by the licensing\nofficer that is reasonably necessary and related to the review of the\nlicensing application.\n 1-a. No person shall engage in the business of gunsmith or dealer in\nfirearms unless licensed pursuant to this section. An applicant to\nengage in such business shall also be a citizen of the United States,\nmore than twenty-one years of age and shall be required to maintain a\nplace of business in the city or county where the license is issued. For\nsuch business, if the applicant is a firm or partnership, each member\nthereof shall comply with all of the requirements set forth in this\nsubdivision and if the applicant is a corporation, each officer thereof\nshall so comply.\n 1-b. For purposes of subdivision one of this section, serious offense\nshall include an offense in any jurisdiction or the former penal law\nthat includes all of the essential elements of a serious offense as\ndefined by subdivision seventeen of section 265.00 of this chapter.\nNothing in this subdivision shall preclude the denial of a license based\non the commission of, arrest for or conviction of an offense in any\nother jurisdiction which does not include all of the essential elements\nof a serious offense.\n 2. Types of licenses. A license for gunsmith or dealer in firearms\nshall be issued to engage in such business. A license for a\nsemiautomatic rifle, other than an assault weapon or disguised gun,\nshall be issued to purchase or take possession of such a semiautomatic\nrifle when such transfer of ownership occurs on or after the effective\ndate of chapter two hundred twelve of the laws of two thousand\ntwenty-two that amended this subdivision. A license for a pistol or\nrevolver, other than an assault weapon or a disguised gun, shall be\nissued to (a) have and possess in his dwelling by a householder; (b)\nhave and possess in his place of business by a merchant or storekeeper;\n(c) have and carry concealed while so employed by a messenger employed\nby a banking institution or express company; (d) have and carry\nconcealed by a justice of the supreme court in the first or second\njudicial departments, or by a judge of the New York city civil court or\nthe New York city criminal court; (e) have and carry concealed while so\nemployed by a regular employee of an institution of the state, or of any\ncounty, city, town or village, under control of a commissioner of\ncorrection of the city or any warden, superintendent or head keeper of\nany state prison, penitentiary, workhouse, county jail or other\ninstitution for the detention of persons convicted or accused of crime\nor held as witnesses in criminal cases, provided that application is\nmade therefor by such commissioner, warden, superintendent or head\nkeeper; (f) have and carry concealed, without regard to employment or\nplace of possession subject to the restrictions of state and federal\nlaw, by any person; and (g) have, possess, collect and carry antique\npistols which are defined as follows: (i) any single shot, muzzle\nloading pistol with a matchlock, flintlock, percussion cap, or similar\ntype of ignition system manufactured in or before 1898, which is not\ndesigned for using rimfire or conventional centerfire fixed ammunition;\nand (ii) any replica of any pistol described in clause (i) hereof if\nsuch replica;\n (1) is not designed or redesigned for using rimfire or conventional\ncenterfire fixed ammunition, or\n (2) uses rimfire or conventional centerfire fixed ammunition which is\nno longer manufactured in the United States and which is not readily\navailable in the ordinary channels of commercial trade.\n 3. Applications. (a) Applications shall be made and renewed, in the\ncase of a license to carry or possess a pistol or revolver or to\npurchase or take possession of a semiautomatic rifle, to the licensing\nofficer in the city or county, as the case may be, where the applicant\nresides, is principally employed or has his or her principal place of\nbusiness as merchant or storekeeper; and, in the case of a license as\ngunsmith or dealer in firearms, to the licensing officer where such\nplace of business is located. Blank applications shall, except in the\ncity of New York, be approved as to form by the superintendent of state\npolice. An application shall state the full name, date of birth,\nresidence, present occupation of each person or individual signing the\nsame, whether or not he or she is a citizen of the United States,\nwhether or not he or she complies with each requirement for eligibility\nspecified in subdivision one of this section and such other facts as may\nbe required to show the good character, competency and integrity of each\nperson or individual signing the application. An application shall be\nsigned and verified by the applicant. Each individual signing an\napplication shall submit one photograph of himself or herself and a\nduplicate for each required copy of the application. Such photographs\nshall have been taken within thirty days prior to filing the\napplication. In case of a license as gunsmith or dealer in firearms, the\nphotographs submitted shall be two inches square, and the application\nshall also state the previous occupation of each individual signing the\nsame and the location of the place of such business, or of the bureau,\nagency, subagency, office or branch office for which the license is\nsought, specifying the name of the city, town or village, indicating the\nstreet and number and otherwise giving such apt description as to point\nout reasonably the location thereof. In such case, if the applicant is a\nfirm, partnership or corporation, its name, date and place of formation,\nand principal place of business shall be stated. For such firm or\npartnership, the application shall be signed and verified by each\nindividual composing or intending to compose the same, and for such\ncorporation, by each officer thereof.\n (b) Application for an exemption under paragraph seven-b of\nsubdivision a of section 265.20 of this chapter. Each applicant desiring\nto obtain the exemption set forth in paragraph seven-b of subdivision a\nof section 265.20 of this chapter shall make such request in writing of\nthe licensing officer with whom his application for a license is filed,\nat the time of filing such application. Such request shall include a\nsigned and verified statement by the person authorized to instruct and\nsupervise the applicant, that has met with the applicant and that he has\ndetermined that, in his judgment, said applicant does not appear to be\nor poses a threat to be, a danger to himself or to others. He shall\ninclude a copy of his certificate as an instructor in small arms, if he\nis required to be certified, and state his address and telephone number.\nHe shall specify the exact location by name, address and telephone\nnumber where such instruction will take place. Such licensing officer\nshall, no later than ten business days after such filing, request the\nduly constituted police authorities of the locality where such\napplication is made to investigate and ascertain any previous criminal\nrecord of the applicant pursuant to subdivision four of this section.\nUpon completion of this investigation, the police authority shall report\nthe results to the licensing officer without unnecessary delay. The\nlicensing officer shall no later than ten business days after the\nreceipt of such investigation, determine if the applicant has been\npreviously denied a license, been convicted of a felony, or been\nconvicted of a serious offense, and either approve or disapprove the\napplicant for exemption purposes based upon such determinations. If the\napplicant is approved for the exemption, the licensing officer shall\nnotify the appropriate duly constituted police authorities and the\napplicant. Such exemption shall terminate if the application for the\nlicense is denied, or at any earlier time based upon any information\nobtained by the licensing officer or the appropriate police authorities\nwhich would cause the license to be denied. The applicant and\nappropriate police authorities shall be notified of any such\nterminations.\n 4. Investigation. Before a license is issued or renewed, there shall\nbe an investigation of all statements required in the application by the\nduly constituted police authorities of the locality where such\napplication is made, including but not limited to such records as may be\naccessible to the division of state police or division of criminal\njustice services pursuant to section 400.02 of this article. For that\npurpose, the records of the appropriate office of the department of\nmental hygiene concerning previous or present mental illness of the\napplicant shall be available for inspection by the investigating officer\nof the police authority. Where the applicant is domiciled in a foreign\nstate, the investigation shall include inquiry of the foreign state for\nrecords concerning the previous or present mental illness of the\napplicant, and, to the extent necessary for inspection by the\ninvestigating officer, the applicant shall execute a waiver of\nconfidentiality of such record in such form as may be required by the\nforeign state. In order to ascertain any previous criminal record, the\ninvestigating officer shall take the fingerprints and physical\ndescriptive data in quadruplicate of each individual by whom the\napplication is signed and verified. Two copies of such fingerprints\nshall be taken on standard fingerprint cards eight inches square, and\none copy may be taken on a card supplied for that purpose by the federal\nbureau of investigation; provided, however, that in the case of a\ncorporate applicant that has already been issued a dealer in firearms\nlicense and seeks to operate a firearm dealership at a second or\nsubsequent location, the original fingerprints on file may be used to\nascertain any criminal record in the second or subsequent application\nunless any of the corporate officers have changed since the prior\napplication, in which case the new corporate officer shall comply with\nprocedures governing an initial application for such license. When\ncompleted, one standard card shall be forwarded to and retained by the\ndivision of criminal justice services in the executive department, at\nAlbany. A search of the files of such division and written notification\nof the results of the search shall be forwarded to the investigating\nofficer and shall be made without unnecessary delay. Thereafter, such\ndivision shall notify the licensing officer and the executive\ndepartment, division of state police, Albany, of any criminal record of\nthe applicant filed therein subsequent to the search of its files. A\nsecond standard card, or the one supplied by the federal bureau of\ninvestigation, as the case may be, shall be forwarded to that bureau at\nWashington with a request that the files of the bureau be searched and\nnotification of the results of the search be made to the investigating\npolice authority. Of the remaining two fingerprint cards, one shall be\nfiled with the executive department, division of state police, Albany,\nwithin ten days after issuance of the license, and the other shall\nremain on file with the investigating police authority. No such\nfingerprints may be inspected by any person other than a peace officer,\nwho is acting pursuant to his or her special duties, or a police\nofficer, except on order of a judge or justice of a court of record\neither upon notice to the licensee or without notice, as the judge or\njustice may deem appropriate. Upon completion of the investigation, the\npolice authority shall report the results to the licensing officer\nwithout unnecessary delay.\n 4-a. Appeals from denial of an application, renewal, recertification\nor license revocation. If an application for a license is denied, not\nrenewed, not recertified, or revoked, the licensing officer shall issue\na written notice to the applicant setting forth the reasons for such\ndenial. An applicant may, within ninety days of receipt of such notice,\nrequest a hearing to appeal the denial to the appeals board created by\nthe division of criminal justice services and the superintendent of\nstate police. An individual may be represented by counsel at any\nappearance before the appeals board and shall be afforded an opportunity\nto present additional evidence in support of their application. The\ncommissioner of criminal justice services and the superintendent of\nstate police shall promulgate rules and regulations governing such\nappeals process.\n 4-b. Processing of license applications. Applications for licenses\nshall be accepted for processing by the licensing officer at the time of\npresentment. Except upon written notice to the applicant specifically\nstating the reasons for any delay, in each case the licensing officer\nshall act upon any application for a license pursuant to this section\nwithin six months of the date of presentment of such an application to\nthe appropriate authority. Such delay may only be for good cause and\nwith respect to the applicant. In acting upon an application, the\nlicensing officer shall either deny the application for reasons\nspecifically and concisely stated in writing or grant the application\nand issue the license applied for.\n 4-c. Westchester county firearms safety course certificate. In the\ncounty of Westchester, at the time of application, the licensing officer\nto which the license application is made shall provide a copy of the\nsafety course booklet to each license applicant. Before such license is\nissued, such licensing officer shall require that the applicant submit a\ncertificate of successful completion of a firearms safety course and\ntest issued in his or her name and endorsed and affirmed under the\npenalties of perjury by a duly authorized instructor.\n 5. Filing of approved applications. (a) The application for any\nlicense, if granted, shall be filed by the licensing officer with the\nclerk of the county of issuance, except that in the city of New York\nand, in the counties of Nassau and Suffolk, the licensing officer shall\ndesignate the place of filing in the appropriate division, bureau or\nunit of the police department thereof, and in the county of Suffolk the\ncounty clerk is hereby authorized to transfer all records or\napplications relating to firearms to the licensing authority of that\ncounty. Except as provided in paragraphs (b) through (f) of this\nsubdivision, the name and address of any person to whom an application\nfor any license has been granted shall be a public record. Upon\napplication by a licensee who has changed his place of residence such\nrecords or applications shall be transferred to the appropriate officer\nat the licensee's new place of residence. A duplicate copy of such\napplication shall be filed by the licensing officer in the executive\ndepartment, division of state police, Albany, within ten days after\nissuance of the license. The superintendent of state police may\ndesignate that such application shall be transmitted to the division of\nstate police electronically. In the event the superintendent of the\ndivision of state police determines that it lacks any of the records\nrequired to be filed with the division, it may request that such records\nbe provided to it by the appropriate clerk, department or authority and\nsuch clerk, department or authority shall provide the division with such\nrecords. In the event such clerk, department or authority lacks such\nrecords, the division may request the license holder provide information\nsufficient to constitute such record and such license holder shall\nprovide the division with such information. Such information shall be\nlimited to the license holder's name, date of birth, gender, race,\nresidential address, social security number and firearms possessed by\nsaid license holder. Nothing in this subdivision shall be construed to\nchange the expiration date or term of such licenses if otherwise\nprovided for in law. Records assembled or collected for purposes of\ninclusion in the database established by this section shall be released\npursuant to a court order. Records assembled or collected for purposes\nof inclusion in the database created pursuant to section 400.02 of this\nchapter shall not be subject to disclosure pursuant to article six of\nthe public officers law.\n (b) Each application for a license pursuant to paragraph (a) of this\nsubdivision shall include, on a separate written form prepared by the\ndivision of state police within thirty days of the effective date of the\nchapter of the laws of two thousand thirteen, which amended this\nsection, and provided to the applicant at the same time and in the same\nmanner as the application for a license, an opportunity for the\napplicant to request an exception from his or her application\ninformation becoming public record pursuant to paragraph (a) of this\nsubdivision. Such forms, which shall also be made available to\nindividuals who had applied for or been granted a license prior to the\neffective date of the chapter of the laws of two thousand thirteen which\namended this section, shall notify applicants that, upon discovery that\nan applicant knowingly provided false information, such applicant may be\nsubject to penalties pursuant to section 175.30 of this chapter, and\nfurther, that his or her request for an exception shall be null and\nvoid, provided that written notice containing such determination is\nprovided to the applicant. Further, such forms shall provide each\napplicant an opportunity to specify the grounds on which he or she\nbelieves his or her application information should not be publicly\ndisclosed. These grounds, which shall be identified on the application\nwith a box beside each for checking, as applicable, by the applicant,\nshall be as follows:\n (i) the applicant's life or safety may be endangered by disclosure\nbecause:\n (A) the applicant is an active or retired police officer, peace\nofficer, probation officer, parole officer, or corrections officer;\n (B) the applicant is a protected person under a currently valid order\nof protection;\n (C) the applicant is or was a witness in a criminal proceeding\ninvolving a criminal charge;\n (D) the applicant is participating or previously participated as a\njuror in a criminal proceeding, or is or was a member of a grand jury;\nor\n (E) the applicant is a spouse, domestic partner or household member of\na person identified in this subparagraph or subparagraph (ii) of this\nparagraph, specifying which subparagraph or subparagraphs and clauses\napply.\n (ii) the applicant has reason to believe his or her life or safety may\nbe endangered by disclosure due to reasons stated by the applicant.\n (iii) the applicant has reason to believe he or she may be subject to\nunwarranted harassment upon disclosure of such information.\n (c) Each form provided for recertification pursuant to paragraph (b)\nof subdivision ten of this section shall include an opportunity for the\napplicant to request an exception from the information provided on such\nform becoming public record pursuant to paragraph (a) of this\nsubdivision. Such forms shall notify applicants that, upon discovery\nthat an applicant knowingly provided false information, such applicant\nmay be subject to penalties pursuant to section 175.30 of this chapter,\nand further, that his or her request for an exception shall be null and\nvoid, provided that written notice containing such determination is\nprovided to the applicant. Further, such forms shall provide each\napplicant an opportunity to either decline to request the grant or\ncontinuation of an exception, or specify the grounds on which he or she\nbelieves his or her information should not be publicly disclosed. These\ngrounds, which shall be identified in the application with a box beside\neach for checking, as applicable, by the applicant, shall be the same as\nprovided in paragraph (b) of this subdivision.\n (d) Information submitted on the forms described in paragraph (b) of\nthis subdivision shall be excepted from disclosure and maintained by the\nentity retaining such information separate and apart from all other\nrecords.\n (e) (i) Upon receiving a request for exception from disclosure, the\nlicensing officer shall grant such exception, unless the request is\ndetermined to be null and void, pursuant to paragraph (b) or (c) of this\nsubdivision.\n (ii) A request for an exception from disclosure may be submitted at\nany time, including after a license or recertification has been granted.\n (iii) If an exception is sought and granted pursuant to paragraph (b)\nof this subdivision, the application information shall not be public\nrecord, unless the request is determined to be null and void. If an\nexception is sought and granted pursuant to paragraph (c) of this\nsubdivision, the information concerning such recertification application\nshall not be public record, unless the request is determined to be null\nand void. Notwithstanding the foregoing provisions of this subparagraph,\nlocal and state law enforcement shall, upon request, be granted access\nto and copies of such application information provided that such\ninformation obtained by law enforcement pursuant to this subparagraph\nshall not be considered a public record of such law enforcement agency.\n (f) The information of licensees or applicants for a license shall not\nbe disclosed to the public during the first one hundred twenty days\nfollowing the effective date of the chapter of the laws of two thousand\nthirteen, which amended this section. After such period, the information\nof those who had applied for or been granted a license prior to the\npreparation of the form for requesting an exception, pursuant to\nparagraph (b) of this subdivision, may be released only if such\nindividuals did not file a request for such an exception during the\nfirst sixty days following such preparation; provided, however, that no\ninformation contained in an application for licensure or recertification\nshall be disclosed by an entity that has not completed processing any\nsuch requests received during such sixty days.\n (g) If a request for an exception is determined to be null and void\npursuant to paragraph (b) or (c) of this subdivision, an applicant may\nrequest review of such determination pursuant to article seventy-eight\nof the civil practice laws and rules. Such proceeding must commence\nwithin thirty days after service of the written notice containing the\nadverse determination. Notice of the right to commence such a petition,\nand the time period therefor, shall be included in the notice of the\ndetermination. Disclosure following such a petition shall not be made\nprior to the disposition of such review.\n 6. License: validity. Any license issued pursuant to this section\nshall be valid notwithstanding the provisions of any local law or\nordinance. No license shall be transferable to any other person or\npremises. A license to carry or possess a pistol or revolver, or to\npurchase or take possession of a semiautomatic rifle, not otherwise\nlimited as to place or time of possession, shall be effective throughout\nthe state, except that the same shall not be valid within the city of\nNew York unless a special permit granting validity is issued by the\npolice commissioner of that city. Such license to carry or possess shall\nbe valid within the city of New York in the absence of a permit issued\nby the police commissioner of that city, provided that (a) the firearms\ncovered by such license have been purchased from a licensed dealer\nwithin the city of New York and are being transported out of said city\nforthwith and immediately from said dealer by the licensee in a locked\ncontainer during a continuous and uninterrupted trip; or provided that\n(b) the firearms covered by such license are being transported by the\nlicensee in a locked container and the trip through the city of New York\nis continuous and uninterrupted; or provided that (c) the firearms\ncovered by such license are carried by armored car security guards\ntransporting money or other valuables, in, to, or from motor vehicles\ncommonly known as armored cars, during the course of their employment;\nor provided that (d) the licensee is a retired police officer as police\nofficer is defined pursuant to subdivision thirty-four of section 1.20\nof the criminal procedure law or a retired federal law enforcement\nofficer, as defined in section 2.15 of the criminal procedure law, who\nhas been issued a license by an authorized licensing officer as defined\nin subdivision ten of section 265.00 of this chapter; provided, further,\nhowever, that if such license was not issued in the city of New York it\nmust be marked "Retired Police Officer" or "Retired Federal Law\nEnforcement Officer", as the case may be, and, in the case of a retired\nofficer the license shall be deemed to permit only police or federal law\nenforcement regulations weapons; or provided that (e) the licensee is a\npeace officer described in subdivision four of section 2.10 of the\ncriminal procedure law and the license, if issued by other than the city\nof New York, is marked "New York State Tax Department Peace Officer" and\nin such case the exemption shall apply only to the firearm issued to\nsuch licensee by the department of taxation and finance. A license as\ngunsmith or dealer in firearms shall not be valid outside the city or\ncounty, as the case may be, where issued. Notwithstanding any\ninconsistent provision of state or local law or rule or regulation, the\npremises limitation set forth in any license to have and possess a\npistol or revolver in the licensee's dwelling or place of business\npursuant to paragraph (a) or (b) of subdivision two of this section\nshall not prevent the transport of such pistol or revolver directly to\nor from (i) another dwelling or place of business of the licensee where\nthe licensee is authorized to have and possess such pistol or revolver,\n(ii) an indoor or outdoor shooting range that is authorized by law to\noperate as such, (iii) a shooting competition at which the licensee may\npossess such pistol or revolver consistent with the provisions of\nsubdivision a of section 265.20 of this chapter or consistent with the\nlaw applicable at the place of such competition, or (iv) any other\nlocation where the licensee is lawfully authorized to have and possess\nsuch pistol or revolver; provided however, that during such transport to\nor from a location specified in clauses (i) through (iv) of this\nparagraph, the pistol or revolver shall be unloaded and carried in a\nlocked container, and the ammunition therefor shall be carried\nseparately; provided further, however, that a license to have and\npossess a pistol or revolver in the licensee's dwelling or place of\nbusiness pursuant to paragraph (a) or (b) of subdivision two of this\nsection that is issued by a licensing officer other than the police\ncommissioner of the city of New York shall not authorize transport of a\npistol or revolver into the city of New York in the absence of written\nauthorization to do so by the police commissioner of that city. The term\n"locked container" shall not include the glove compartment or console of\na vehicle.\n 7. License: form. Any license issued pursuant to this section shall,\nexcept in the city of New York, be approved as to form by the\nsuperintendent of state police. A license to carry or possess a pistol\nor revolver or to purchase or take possession of a semiautomatic rifle\nshall have attached the licensee's photograph, and a coupon which shall\nbe removed and retained by any person disposing of a firearm to the\nlicensee. A license to carry or possess a pistol or revolver shall\nspecify the weapon covered by calibre, make, model, manufacturer's name\nand serial number, or if none, by any other distinguishing number or\nidentification mark, and shall indicate whether issued to carry on the\nperson or possess on the premises, and if on the premises shall also\nspecify the place where the licensee shall possess the same. If such\nlicense is issued to a noncitizen, or to a person not a citizen of and\nusually a resident in the state, the licensing officer shall state in\nthe license the particular reason for the issuance and the names of the\npersons certifying to the good character of the applicant. Any license\nas gunsmith or dealer in firearms shall mention and describe the\npremises for which it is issued and shall be valid only for such\npremises.\n 8. License: exhibition and display. Every licensee while carrying a\npistol or revolver shall have on his or her person a license to carry\nthe same. Every person licensed to possess a pistol or revolver on\nparticular premises shall have the license for the same on such\npremises. Every person licensed to purchase or take possession of a\nsemiautomatic rifle shall have the license for the same on his or her\nperson while purchasing or taking possession of such weapon. Upon\ndemand, the license shall be exhibited for inspection to any peace\nofficer, who is acting pursuant to his or her special duties, or police\nofficer. A license as gunsmith or dealer in firearms shall be\nprominently displayed on the licensed premises. A gunsmith or dealer of\nfirearms may conduct business temporarily at a location other than the\nlocation specified on the license if such temporary location is the\nlocation for a gun show or event sponsored by any national, state, or\nlocal organization, or any affiliate of any such organization devoted to\nthe collection, competitive use or other sporting use of firearms. Any\nsale or transfer at a gun show must also comply with the provisions of\narticle thirty-nine-DD of the general business law. Records of receipt\nand disposition of firearms transactions conducted at such temporary\nlocation shall include the location of the sale or other disposition and\nshall be entered in the permanent records of the gunsmith or dealer of\nfirearms and retained on the location specified on the license. Nothing\nin this section shall authorize any licensee to conduct business from\nany motorized or towed vehicle. A separate fee shall not be required of\na licensee with respect to business conducted under this subdivision.\nAny inspection or examination of inventory or records under this section\nat such temporary location shall be limited to inventory consisting of,\nor records related to, firearms held or disposed at such temporary\nlocations. Failure of any licensee to so exhibit or display his or her\nlicense, as the case may be, shall be presumptive evidence that he or\nshe is not duly licensed.\n 9. License: amendment. Elsewhere than in the city of New York, a\nperson licensed to carry or possess a pistol or revolver or to purchase\nor take possession of a semiautomatic rifle may apply at any time to his\nor her licensing officer for amendment of his or her license to include\none or more such weapons or to cancel weapons held under license. If\ngranted, a record of the amendment describing the weapons involved shall\nbe filed by the licensing officer in the executive department, division\nof state police, Albany. The superintendent of state police may\nauthorize that such amendment be completed and transmitted to the state\npolice in electronic form. Notification of any change of residence shall\nbe made in writing by any licensee within ten days after such change\noccurs, and a record of such change shall be inscribed by such licensee\non the reverse side of his or her license. Elsewhere than in the city of\nNew York, and in the counties of Nassau and Suffolk, such notification\nshall be made to the executive department, division of state police,\nAlbany, and in the city of New York to the police commissioner of that\ncity, and in the county of Nassau to the police commissioner of that\ncounty, and in the county of Suffolk to the licensing officer of that\ncounty, who shall, within ten days after such notification shall be\nreceived by him or her, give notice in writing of such change to the\nexecutive department, division of state police, at Albany.\n 10. License: expiration, certification and renewal. (a) Any license\nfor gunsmith or dealer in firearms and, in the city of New York, any\nlicense to carry or possess a pistol or revolver, issued at any time\npursuant to this section or prior to the first day of July, nineteen\nhundred sixty-three and not limited to expire on an earlier date fixed\nin the license, shall, except as otherwise provided in paragraph (d) of\nthis subdivision, expire not more than three years after the date of\nissuance. In the counties of Nassau, Suffolk and Westchester, any\nlicense to carry or possess a pistol or revolver, issued at any time\npursuant to this section or prior to the first day of July, nineteen\nhundred sixty-three and not limited to expire on an earlier date fixed\nin the license, shall expire not more than five years after the date of\nissuance; however, in the county of Westchester, any such license shall\nbe certified prior to the first day of April, two thousand, in\naccordance with a schedule to be contained in regulations promulgated by\nthe commissioner of the division of criminal justice services, and every\nsuch license shall, except as otherwise provided in paragraph (d) of\nthis subdivision, be recertified every five years thereafter. For\npurposes of this section certification shall mean that the licensee\nshall provide to the licensing officer the following information only:\ncurrent name, date of birth, current address, and the make, model,\ncaliber and serial number of all firearms currently possessed. Such\ncertification information shall be filed by the licensing officer in the\nsame manner as an amendment. Elsewhere than in the city of New York and\nthe counties of Nassau, Suffolk and Westchester, any license to carry or\npossess a pistol or revolver, issued at any time pursuant to this\nsection or prior to the first day of July, nineteen hundred sixty-three\nand not previously revoked or cancelled, shall be in force and effect\nuntil revoked as herein provided. Any license not previously cancelled\nor revoked shall remain in full force and effect for thirty days beyond\nthe stated expiration date on such license. Any application to renew a\nlicense that has not previously expired, been revoked or cancelled shall\nthereby extend the term of the license until disposition of the\napplication by the licensing officer. In the case of a license for\ngunsmith or dealer in firearms, in counties having a population of less\nthan two hundred thousand inhabitants, photographs and fingerprints\nshall be submitted on original applications and upon renewal thereafter\nat three year intervals. Upon satisfactory proof that a currently valid\noriginal license has been despoiled, lost or otherwise removed from the\npossession of the licensee and upon application containing an additional\nphotograph of the licensee, the licensing officer shall issue a\nduplicate license.\n (b) All licensees shall be recertified to the division of state police\nevery five years thereafter, except as otherwise provided in paragraph\n(d) of this subdivision. Any license issued before the effective date of\nthe chapter of the laws of two thousand thirteen which added this\nparagraph shall be recertified by the licensee on or before January\nthirty-first, two thousand eighteen, and not less than one year prior to\nsuch date, the state police shall send a notice to all license holders\nwho have not recertified by such time. Such recertification shall be in\na form as approved by the superintendent of state police, which shall\nrequest the license holder's name, date of birth, gender, race,\nresidential address, social security number, firearms possessed by such\nlicense holder, email address at the option of the license holder and an\naffirmation that such license holder is not prohibited from possessing\nfirearms. The form may be in an electronic form if so designated by the\nsuperintendent of state police. Failure to recertify shall act as a\nrevocation of such license. If the New York state police discover as a\nresult of the recertification process that a licensee failed to provide\na change of address, the New York state police shall not require the\nlicensing officer to revoke such license.\n (c) A license to purchase or take possession of a semiautomatic rifle\nas defined in subdivision two of this section shall be recertified to\nthe applicable licensing officer every five years following the issuance\nof such license. Failure to renew such a license shall be a violation\npunishable by a fine not to exceed two hundred fifty dollars, and such\nfailure to renew shall be considered by the licensing officer when\nreviewing future license applications by the license holder pursuant to\nthis chapter.\n (d) Licenses issued under paragraph (f) of subdivision two of this\nsection shall be recertified or renewed in the same form and manner as\notherwise required by this subdivision, provided however, that such\nlicenses shall be recertified or renewed every three years following the\nissuance of such license. For licenses issued prior to the effective\ndate of this paragraph that were issued more than three years prior to\nsuch date, or will expire in less than one year from such date shall be\nrecertified or renewed within one year of such date.\n 11. License: revocation and suspension. (a) The conviction of a\nlicensee anywhere of a felony or serious offense or a licensee at any\ntime becoming ineligible to obtain a license, including engaging in\nconduct that would have resulted in the denial of a license, under this\nsection shall operate as or be grounds for, a revocation of the license.\nA license may be revoked or suspended as provided for in section 530.14\nof the criminal procedure law or section eight hundred forty-two-a of\nthe family court act. Except for a license issued pursuant to section\n400.01 of this article, a license may be revoked and cancelled at any\ntime in the city of New York, and in the counties of Nassau and Suffolk,\nby the licensing officer, and elsewhere than in the city of New York by\nany judge or justice of a court of record; a license issued pursuant to\nsection 400.01 of this article may be revoked and cancelled at any time\nby the licensing officer or any judge or justice of a court of record. A\nlicense to engage in the business of dealer may be revoked or suspended\nfor any violation of the provisions of article thirty-nine-BB of the\ngeneral business law. The official revoking a license shall give written\nnotice thereof without unnecessary delay to the executive department,\ndivision of state police, Albany, and shall also notify immediately the\nduly constituted police authorities of the locality. The licensing\nofficer shall revoke any license issued in which an applicant knowingly\nmade a material false statement on the application. Notice of a\nrevocation under this subdivision shall be issued in writing and shall\ninclude the basis for the determination, which shall be supported by a\npreponderance of the evidence. Such notice shall also include\ninformation regarding the ability to appeal such decision in accordance\nwith subdivision four-a of this section.\n (b) Whenever the director of community services or his or her designee\nmakes a report pursuant to section 9.46 of the mental hygiene law, the\ndivision of criminal justice services shall convey such information,\nwhenever it determines that the person named in the report possesses a\nlicense issued pursuant to this section, to the appropriate licensing\nofficial, who shall issue an order suspending or revoking such license.\n (c) In any instance in which a person's license is suspended or\nrevoked under paragraph (a) or (b) of this subdivision, such person\nshall surrender such license to the appropriate licensing official and\nany and all firearms, rifles, or shotguns owned or possessed by such\nperson shall be surrendered to an appropriate law enforcement agency as\nprovided in subparagraph (f) of paragraph one of subdivision a of\nsection 265.20 of this chapter. In the event such license, firearm,\nshotgun, or rifle is not surrendered, such items shall be removed and\ndeclared a nuisance and any police officer or peace officer acting\npursuant to his or her special duties is authorized to remove any and\nall such weapons.\n 12. Records required of gunsmiths and dealers in firearms. In addition\nto the requirements set forth in article thirty-nine-BB of the general\nbusiness law, any person licensed as gunsmith or dealer in firearms\nshall keep a record book approved as to form, except in the city of New\nYork, by the superintendent of state police. In the record book shall be\nentered at the time of every transaction involving a firearm the date,\nname, age, occupation and residence of any person from whom a firearm is\nreceived or to whom a firearm is delivered, and the calibre, make,\nmodel, manufacturer's name and serial number, or if none, any other\ndistinguishing number or identification mark on such firearm. Before\ndelivering a firearm to any person, the licensee shall require him to\nproduce either a license valid under this section to carry or possess\nthe same, or proof of lawful authority as an exempt person pursuant to\nsection 265.20 of this chapter and either (a) the National Instant\nCriminal Background Check System (NICS) or its successor has issued a\n"proceed" response to the licensee, or (b) thirty calendar days have\nelapsed since the date the licensee contacted NICS to initiate a\nnational instant criminal background check and NICS has not notified the\nlicensee that the transfer of the firearm to such person should be\ndenied. In addition, before delivering a firearm to a peace officer, the\nlicensee shall verify that person's status as a peace officer with the\ndivision of state police. After completing the foregoing, the licensee\nshall remove and retain the attached coupon and enter in the record book\nthe date of such license, number, if any, and name of the licensing\nofficer, in the case of the holder of a license to carry or possess, or\nthe shield or other number, if any, assignment and department, unit or\nagency, in the case of an exempt person. The original transaction report\nshall be forwarded to the division of state police within ten days of\ndelivering a firearm to any person, and a duplicate copy shall be kept\nby the licensee. The superintendent of state police may designate that\nsuch record shall be completed and transmitted in electronic form. A\ndealer may be granted a waiver from transmitting such records in\nelectronic form if the superintendent determines that such dealer is\nincapable of such transmission due to technological limitations that are\nnot reasonably within the control of the dealer, or other exceptional\ncircumstances demonstrated by the dealer, pursuant to a process\nestablished in regulation, and at the discretion of the superintendent.\nRecords assembled or collected for purposes of inclusion in the database\ncreated pursuant to section 400.02 of this article shall not be subject\nto disclosure pursuant to article six of the public officers law. The\nrecord book shall be maintained on the premises mentioned and described\nin the license and shall be open at all reasonable hours for inspection\nby any peace officer, acting pursuant to his special duties, or police\nofficer. In the event of cancellation or revocation of the license for\ngunsmith or dealer in firearms, or discontinuance of business by a\nlicensee, such record book shall be immediately surrendered to the\nlicensing officer in the city of New York, and in the counties of Nassau\nand Suffolk, and elsewhere in the state to the executive department,\ndivision of state police.\n 12-a. State police regulations applicable to licensed gunsmiths\nengaged in the business of assembling or manufacturing firearms. The\nsuperintendent of state police is hereby authorized to issue such rules\nand regulations as he deems reasonably necessary to prevent the manu-\nfacture and assembly of unsafe firearms in the state. Such rules and\nregulations shall establish safety standards in regard to the manu-\nfacture and assembly of firearms in the state, including specifications\nas to materials and parts used, the proper storage and shipment of\nfirearms, and minimum standards of quality control. Regulations issued\nby the state police pursuant to this subdivision shall apply to any\nperson licensed as a gunsmith under this section engaged in the business\nof manufacturing or assembling firearms, and any violation thereof shall\nsubject the licensee to revocation of license pursuant to subdivision\neleven of this section.\n 12-c. Firearms records. (a) Every employee of a state or local agency,\nunit of local government, state or local commission, or public or\nprivate organization who possesses a firearm or machine-gun under an\nexemption to the licensing requirements under this chapter, shall\npromptly report in writing to his employer the make, model, calibre and\nserial number of each such firearm or machine-gun. Thereafter, within\nten days of the acquisition or disposition of any such weapon, he shall\nfurnish such information to his employer, including the name and address\nof the person from whom the weapon was acquired or to whom it was\ndisposed.\n (b) Every head of a state or local agency, unit of local government,\nstate or local commission, public authority or public or private\norganization to whom an employee has submitted a report pursuant to\nparagraph (a) of this subdivision shall promptly forward such report to\nthe superintendent of state police.\n (c) Every head of a state or local agency, unit of local government,\nstate or local commission, public authority, or any other agency, firm\nor corporation that employs persons who may lawfully possess firearms or\nmachine-guns without the requirement of a license therefor, or that\nemploys persons licensed to possess firearms or machine-guns, shall\npromptly report to the superintendent of state police, in the manner\nprescribed by him, the make, model, calibre and serial number of every\nfirearm or machine-gun possessed by it on the effective date of this act\nfor the use of such employees or for any other use. Thereafter, within\nten days of the acquisition or disposition of any such weapon, such head\nshall report such information to the superintendent of the state police,\nincluding the name and address of the person from whom the weapon was\nacquired or to whom it was disposed.\n 13. Expenses. The expense of providing a licensing officer with blank\napplications, licenses and record books for carrying out the provisions\nof this section shall be a charge against the county, and in the city of\nNew York against the city.\n 14. Fees. In the city of New York and the counties of Nassau and\nWestchester, the annual license fee shall be twenty-five dollars for\ngunsmiths and fifty dollars for dealers in firearms. In such city, the\ncity council and in the counties of Nassau and Westchester the\nlegislative body of such county shall fix the fee to be charged for a\nlicense to carry or possess a pistol or revolver or to purchase or take\npossession of a semiautomatic rifle and provide for the disposition of\nsuch fees. Elsewhere in the state, the licensing officer shall collect\nand pay into the county treasury the following fees: for each license to\ncarry or possess a pistol or revolver or to purchase or take possession\nof a semiautomatic rifle, not less than three dollars nor more than ten\ndollars as may be determined by the legislative body of the county; for\neach amendment thereto, three dollars, and five dollars in the county of\nSuffolk; and for each license issued to a gunsmith or dealer in\nfirearms, ten dollars. The fee for a duplicate license shall be five\ndollars. The fee for processing a license transfer between counties\nshall be five dollars. The fee for processing a license or renewal\nthereof for a qualified retired police officer as defined under\nsubdivision thirty-four of section 1.20 of the criminal procedure law,\nor a qualified retired sheriff, undersheriff, or deputy sheriff of the\ncity of New York as defined under subdivision two of section 2.10 of the\ncriminal procedure law, or a qualified retired bridge and tunnel\nofficer, sergeant or lieutenant of the triborough bridge and tunnel\nauthority as defined under subdivision twenty of section 2.10 of the\ncriminal procedure law, or a qualified retired uniformed court officer\nin the unified court system, or a qualified retired court clerk in the\nunified court system in the first and second judicial departments, as\ndefined in paragraphs a and b of subdivision twenty-one of section 2.10\nof the criminal procedure law or a retired correction officer as defined\nin subdivision twenty-five of section 2.10 of the criminal procedure law\nshall be waived in all counties throughout the state.\n 15. Any violation by any person of any provision of this section is a\nclass A misdemeanor.\n 16. Unlawful disposal. No person shall except as otherwise authorized\npursuant to law dispose of any firearm unless he is licensed as gunsmith\nor dealer in firearms.\n 16-a. Registration. (a) An owner of a weapon defined in paragraph (e)\nor (f) of subdivision twenty-two of section 265.00 of this chapter,\npossessed before the date of the effective date of the chapter of the\nlaws of two thousand thirteen which added this paragraph, must make an\napplication to register such weapon with the superintendent of state\npolice, in the manner provided by the superintendent, or by amending a\nlicense issued pursuant to this section within one year of the effective\ndate of this subdivision except any weapon defined under subparagraph\n(vi) of paragraph (g) of subdivision twenty-two of section 265.00 of\nthis chapter transferred into the state may be registered at any time,\nprovided such weapons are registered within thirty days of their\ntransfer into the state. Registration information shall include the\nregistrant's name, date of birth, gender, race, residential address,\nsocial security number and a description of each weapon being\nregistered. A registration of any weapon defined under subparagraph (vi)\nof paragraph (g) of subdivision twenty-two of section 265.00 or a\nfeeding device as defined under subdivision twenty-three of section\n265.00 of this chapter shall be transferable, provided that the seller\nnotifies the state police within seventy-two hours of the transfer and\nthe buyer provides the state police with information sufficient to\nconstitute a registration under this section. Such registration shall\nnot be valid if such registrant is prohibited or becomes prohibited from\npossessing a firearm pursuant to state or federal law. The\nsuperintendent shall determine whether such registrant is prohibited\nfrom possessing a firearm under state or federal law. Such check shall\nbe limited to determining whether the factors in 18 USC 922 (g) apply or\nwhether a registrant has been convicted of a serious offense as defined\nin subdivision sixteen-b of section 265.00 of this chapter, so as to\nprohibit such registrant from possessing a firearm, and whether a report\nhas been issued pursuant to section 9.46 of the mental hygiene law. All\nregistrants shall recertify to the division of state police every five\nyears thereafter. Failure to recertify shall result in a revocation of\nsuch registration.\n (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of\nthis subdivision, an owner of an assault weapon as defined in\nsubdivision twenty-two of section 265.00 of this chapter, who is a\nqualified retired New York or federal law enforcement officer as defined\nin subdivision twenty-five of section 265.00 of this chapter, where such\nweapon was issued to or purchased by such officer prior to retirement\nand in the course of his or her official duties, and for which such\nofficer was qualified by the agency that employed such officer within\ntwelve months prior to his or her retirement, must register such weapon\nwithin sixty days of retirement.\n (b) The superintendent of state police shall create and maintain an\ninternet website to educate the public as to which semiautomatic rifle,\nsemiautomatic shotgun or semiautomatic pistol or weapon that are illegal\nas a result of the enactment of the chapter of the laws of two thousand\nthirteen which added this paragraph, as well as such assault weapons\nwhich are illegal pursuant to article two hundred sixty-five of this\nchapter. Such website shall contain information to assist the public in\nrecognizing the relevant features proscribed by such article two hundred\nsixty-five, as well as which make and model of weapons that require\nregistration.\n (c) A person who knowingly fails to apply to register such weapon, as\nrequired by this section, within one year of the effective date of the\nchapter of the laws of two thousand thirteen which added this paragraph\nshall be guilty of a class A misdemeanor and such person who unknowingly\nfails to validly register such weapon within such one year period shall\nbe given a warning by an appropriate law enforcement authority about\nsuch failure and given thirty days in which to apply to register such\nweapon or to surrender it. A failure to apply or surrender such weapon\nwithin such thirty-day period shall result in such weapon being removed\nby an appropriate law enforcement authority and declared a nuisance.\n 16-b. The cost of the software, programming and interface required to\ntransmit any record that must be electronically transmitted by the\ndealer or licensing officer to the division of state police pursuant to\nthis chapter shall be borne by the state.\n 17. Applicability of section. The provisions of article two hundred\nsixty-five of this chapter relating to illegal possession of a firearm,\nshall not apply to an offense which also constitutes a violation of this\nsection by a person holding an otherwise valid license under the\nprovisions of this section and such offense shall only be punishable as\na class A misdemeanor pursuant to this section. In addition, the\nprovisions of such article two hundred sixty-five of this chapter shall\nnot apply to the possession of a firearm in a place not authorized by\nlaw, by a person who holds an otherwise valid license or possession of a\nfirearm by a person within a one year period after the stated expiration\ndate of an otherwise valid license which has not been previously\ncancelled or revoked shall only be punishable as a class A misdemeanor\npursuant to this section.\n 18. Notice. Upon the issuance of a license, the licensing officer\nshall issue therewith, and such licensee shall attest to the receipt of,\nthe following information and notifications: (a) the grounds for which\nthe license issued may be revoked, which shall include but not be\nlimited to the areas and locations for which the licenses issued under\nparagraph (f) of subdivision two of this section prohibits the\npossession of firearms, rifles, and shotguns, and that a conviction\nunder sections 265.01-d and 265.01-e of this chapter are felonies for\nwhich licensure will be revoked;\n (b) a notification regarding the requirements for safe storage which\nshall be in conspicuous and legible twenty-four point type on eight and\none-half inches by eleven inches paper stating in bold print the\nfollowing:\n WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.\nWHEN STORED IN A HOME FIREARMS, RIFLES, OR SHOTGUNS MUST EITHER BE\nSTORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT\nBE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR\nOTHER LAWFUL POSSESSOR IF A CHILD UNDER THE AGE OF EIGHTEEN RESIDES IN\nTHE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A\nPERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW.\nFIREARMS SHOULD BE STORED BY REMOVING THE AMMUNITION FROM AND SECURELY\nLOCKING SUCH FIREARM IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING\nFIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT\nYOU TO IMPRISONMENT, FINE, OR BOTH. WHEN STORED IN A VEHICLE OUTSIDE THE\nOWNER'S IMMEDIATE POSSESSION OR CONTROL, FIREARMS, RIFLES, AND SHOTGUNS\nMUST BE STORED IN AN APPROPRIATE SAFE STORAGE DEPOSITORY AND OUT OF\nSIGHT FROM OUTSIDE OF THE VEHICLE.\n (c) any other information necessary to ensure such licensee is aware\nof their responsibilities as a license holder; and\n (d) statewide resources and information relating to safe storage of\nfirearms, child access prevention and firearm violence prevention as\nwell as information on county and local specific laws and regulations\nrelated to child access prevention and the safe storage of firearms.\n Nothing in this subdivision shall be deemed to affect, impair or\nsupersede any special or local law relating to providing notice\nregarding the safe storage of rifles, shotguns or firearms.\n 19. Prior to the issuance or renewal of a license under paragraph (f)\nof subdivision two of this section, issued or renewed on or after the\neffective date of this subdivision, an applicant shall complete an\nin-person live firearms safety course conducted by a duly authorized\ninstructor with curriculum approved by the division of criminal justice\nservices and the superintendent of state police, and meeting the\nfollowing requirements: (a) a minimum of sixteen hours of in-person live\ncurriculum approved by the division of criminal justice services and the\nsuperintendent of state police, conducted by a duly authorized\ninstructor approved by the division of criminal justice services, and\nshall include but not be limited to the following topics: (i) general\nfirearm safety; (ii) safe storage requirements and general secure\nstorage best practices; (iii) state and federal gun laws; (iv)\nsituational awareness; (v) conflict de-escalation; (vi) best practices\nwhen encountering law enforcement; (vii) the statutorily defined\nsensitive places in subdivision two of section 265.01-e of this chapter\nand the restrictions on possession on restricted places under section\n265.01-d of this chapter; (viii) conflict management; (ix) use of deadly\nforce; (x) suicide prevention; and (xi) the basic principles of\nmarksmanship; and (b) a minimum of two hours of a live-fire range\ntraining course. The applicant shall be required to demonstrate\nproficiency by scoring a minimum of eighty percent correct answers on a\nwritten test for the curriculum under paragraph (a) of this subdivision\nand the proficiency level determined by the rules and regulations\npromulgated by the division of criminal justice services and the\nsuperintendent of state police for the live-fire range training under\nparagraph (b) of this subdivision. Upon demonstration of such\nproficiency, a certificate of completion shall be issued to such\napplicant in the applicant's name and endorsed and affirmed under the\npenalties of perjury by such duly authorized instructor. An applicant\nrequired to complete the training required herein prior to renewal of a\nlicense issued prior to the effective date of this subdivision shall\nonly be required to complete such training for the first renewal of such\nlicense after such effective date.\n 20. Firearms dealers; required warnings. (a) (i) Every person licensed\nas a gunsmith or a dealer in firearms shall post the following notice at\nthe site where such rifles, shotguns, or firearms are sold, displayed or\ndelivered to the purchaser, at the entrance to the site and in at least\none additional area where sales occur, conspicuously stating, in no\nsmaller than twenty-six-point type on a sign at least eight and one-half\nby eleven inches in bold print:\n WARNING\n ACCESS TO A RIFLE, SHOTGUN, OR FIREARM IN THE HOME SIGNIFICANTLY\n INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR\n UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.\n IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL\n THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.\n (ii) Every firearms dealer shall distribute a notice to the purchaser\nat the time of each individual sale of a rifle, shotgun, or firearm,\nconspicuously stating, in no smaller than twenty-six-point type and on\npaper at least eight and one-half by eleven inches in bold print the\nfollowing warning:\n WARNING\n ACCESS TO A RIFLE, SHOTGUN, OR FIREARM IN THE HOME SIGNIFICANTLY\n INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR\n UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.\n IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL\n THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.\n (iii) Upon the issuance of or amendment to a rifle, shotgun, or\nfirearm license and/or permit, the licensing officer shall provide the\nlicensee/permittee a written copy of a warning notice conspicuously\nstating in no smaller than twenty-six-point type and on paper at least\neight and one-half by eleven inches in bold print the following warning:\n WARNING\n ACCESS TO A RIFLE, SHOTGUN, OR FIREARM IN THE HOME SIGNIFICANTLY\n INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR\n UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.\n IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL\n THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.\n (b) No licensing officer, local government, or any employee thereof\nshall be liable to any person by reason of any injury or damage\nresulting from the failure of any gunsmith or firearms dealer to comply\nwith this subdivision or in consequence of any act or omission in\nconnection with the implementation or enforcement of this subdivision.\n (c) Any person, firm, or corporation required to post or distribute\nwarnings pursuant to subparagraph (i) or (ii) of paragraph (a) of this\nsubdivision who fails to post or distribute in the manner provided for\nin such provisions shall be guilty of a violation punishable by\nimprisonment of not more than fifteen days or by a fine of not more than\none thousand dollars, or both. Each day that a violation continues shall\nbe deemed a separate offense.\n (d) The provisions of this subdivision shall not supersede any local\nlaw or ordinance that imposes stricter disclosure or notice\nrequirements; and notices required by this subdivision shall be in\naddition to any other notices required by any other federal, state or\nlocal law, ordinance, rule or regulation.\n