N.Y. Penal Law § 400.00: Licensing and other provisions relating to firearms

§ 400.00 Licensing and other provisions relating to 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, which, for the purposes of this

article, shall mean having the essential character, temperament and

judgement necessary to be entrusted with a weapon and to use it only in

a manner that does not endanger oneself or others; (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

a noncitizen (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 or substantially similar laws of any other

state, section four hundred two or five hundred eight of the correction

law, section 322.2 or 353.4 of the family court act, has not been

civilly confined in a secure treatment facility pursuant to article ten

of the mental hygiene law, or has not been the subject of a report made

pursuant to section 9.46 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; (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, provided, however, persons with a

license issued under paragraph (f) of subdivision two of this section

prior to the effective date of the laws of two thousand twenty-two which

amended this paragraph shall be required to complete the training

required by subdivision nineteen of this section prior to the

recertification of such license; and (iii) persons applying for a

license under paragraph (f) of subdivision two of this section on or

after the effective date of the chapter of the laws of two thousand

twenty-two which amended this paragraph who shall be required to

complete the training required under subdivision nineteen of this

section for such license; (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, incompetency, incapacity, condition or disease, he or she lacks

the mental capacity to contract or manage his or her own affairs; (n)

for a license issued under paragraph (f) of subdivision two of this

section, that the applicant has not been convicted within five years of

the date of the application of any of the following: (i) assault in the

third degree, as defined in section 120.00 of this chapter; (ii)

misdemeanor driving while intoxicated, as defined in section eleven

hundred ninety-two of the vehicle and traffic law; or (iii) menacing, as

defined in section 120.15 of this chapter; and (o) for a license issued

under paragraph (f) of subdivision two of this section, the applicant

shall meet in person with the licensing officer for an interview and

shall, in addition to any other information or forms required by the

license application submit to the licensing officer the following

information: (i) names and contact information for the applicant's

current spouse, or domestic partner, any other adults residing in the

applicant's home, including any adult children of the applicant, and

whether or not there are minors residing, full time or part time, in the

applicant's home; (ii) names and contact information of no less than

four character references who can attest to the applicant's good moral

character and that such applicant has not engaged in any acts, or made

any statements that suggest they are likely to engage in conduct that

would result in harm to themselves or others; (iii) certification of

completion of the training required in subdivision nineteen of this

section; (iv) a list of former and current social media accounts of the

applicant from the past three years to confirm the information regarding

the applicants character and conduct as required in subparagraph (ii) of

this paragraph; and (v) such other information required by the licensing

officer that is reasonably necessary and related to the review of the

licensing application.

1-a. 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 shall be required to 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-b. 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

semiautomatic rifle, other than an assault weapon or disguised gun,

shall be issued to purchase or take possession of such a semiautomatic

rifle when such transfer of ownership occurs on or after the effective

date of chapter two hundred twelve of the laws of two thousand

twenty-two that amended this subdivision. 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 subject to the restrictions of state and federal

law, by any person; 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 1898, 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 or to

purchase or take possession of a semiautomatic rifle, 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 shall be forwarded to the investigating

officer and 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 shall

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. Appeals from denial of an application, renewal, recertification

or license revocation. If an application for a license is denied, not

renewed, not recertified, or revoked, the licensing officer shall issue

a written notice to the applicant setting forth the reasons for such

denial. An applicant may, within ninety days of receipt of such notice,

request a hearing to appeal the denial to the appeals board created by

the division of criminal justice services and the superintendent of

state police. An individual may be represented by counsel at any

appearance before the appeals board and shall be afforded an opportunity

to present additional evidence in support of their application. The

commissioner of criminal justice services and the superintendent of

state police shall promulgate rules and regulations governing such

appeals process.

4-b. 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-c. 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, or to

purchase or take possession of a semiautomatic rifle, 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 or to purchase or take possession of a semiautomatic rifle

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. A license to carry or possess a pistol or revolver 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 a noncitizen, 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. Every person licensed to purchase or take possession of a

semiautomatic rifle shall have the license for the same on his or her

person while purchasing or taking possession of such weapon. 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 or to purchase

or take possession of a semiautomatic rifle 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, except as otherwise provided in paragraph (d) of

this subdivision, 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, except as otherwise provided in paragraph (d) of

this subdivision, 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

at three 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, except as otherwise provided in paragraph

(d) of this subdivision. 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.

(c) A license to purchase or take possession of a semiautomatic rifle

as defined in subdivision two of this section shall be recertified to

the applicable licensing officer every five years following the issuance

of such license. Failure to renew such a license shall be a violation

punishable by a fine not to exceed two hundred fifty dollars, and such

failure to renew shall be considered by the licensing officer when

reviewing future license applications by the license holder pursuant to

this chapter.

(d) Licenses issued under paragraph (f) of subdivision two of this

section shall be recertified or renewed in the same form and manner as

otherwise required by this subdivision, provided however, that such

licenses shall be recertified or renewed every three years following the

issuance of such license. For licenses issued prior to the effective

date of this paragraph that were issued more than three years prior to

such date, or will expire in less than one year from such date shall be

recertified or renewed within one year of such date.

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, including engaging in

conduct that would have resulted in the denial of a license, under this

section shall operate as or be grounds for, 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. A

license to engage in the business of dealer may be revoked or suspended

for any violation of the provisions of article thirty-nine-BB of the

general business law. 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. The licensing

officer shall revoke any license issued in which an applicant knowingly

made a material false statement on the application. Notice of a

revocation under this subdivision shall be issued in writing and shall

include the basis for the determination, which shall be supported by a

preponderance of the evidence. Such notice shall also include

information regarding the ability to appeal such decision in accordance

with subdivision four-a of this section.

(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. In addition

to the requirements set forth in article thirty-nine-BB of the general

business law, 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 counties of Nassau and

Westchester, 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 counties of Nassau and Westchester the

legislative body of such county shall fix the fee to be charged for a

license to carry or possess a pistol or revolver or to purchase or take

possession of a semiautomatic rifle 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 or to purchase or take possession

of a semiautomatic rifle, 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, and such licensee shall attest to the receipt of,

the following information and notifications: (a) the grounds for which

the license issued may be revoked, which shall include but not be

limited to the areas and locations for which the licenses issued under

paragraph (f) of subdivision two of this section prohibits the

possession of firearms, rifles, and shotguns, and that a conviction

under sections 265.01-d and 265.01-e of this chapter are felonies for

which licensure will be revoked;

(b) a notification regarding the requirements for safe storage which

shall be 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.

WHEN STORED IN A HOME FIREARMS, RIFLES, OR SHOTGUNS 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 UNDER THE AGE OF EIGHTEEN 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 BY REMOVING THE AMMUNITION FROM AND SECURELY

LOCKING SUCH FIREARM IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING

FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT

YOU TO IMPRISONMENT, FINE, OR BOTH. WHEN STORED IN A VEHICLE OUTSIDE THE

OWNER'S IMMEDIATE POSSESSION OR CONTROL, FIREARMS, RIFLES, AND SHOTGUNS

MUST BE STORED IN AN APPROPRIATE SAFE STORAGE DEPOSITORY AND OUT OF

SIGHT FROM OUTSIDE OF THE VEHICLE.

(c) any other information necessary to ensure such licensee is aware

of their responsibilities as a license holder; and

(d) statewide resources and information relating to safe storage of

firearms, child access prevention and firearm violence prevention as

well as information on county and local specific laws and regulations

related to child access prevention and the safe storage of firearms.

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.

19. Prior to the issuance or renewal of a license under paragraph (f)

of subdivision two of this section, issued or renewed on or after the

effective date of this subdivision, an applicant shall complete an

in-person live firearms safety course conducted by a duly authorized

instructor with curriculum approved by the division of criminal justice

services and the superintendent of state police, and meeting the

following requirements: (a) a minimum of sixteen hours of in-person live

curriculum approved by the division of criminal justice services and the

superintendent of state police, conducted by a duly authorized

instructor approved by the division of criminal justice services, and

shall include but not be limited to the following topics: (i) general

firearm safety; (ii) safe storage requirements and general secure

storage best practices; (iii) state and federal gun laws; (iv)

situational awareness; (v) conflict de-escalation; (vi) best practices

when encountering law enforcement; (vii) the statutorily defined

sensitive places in subdivision two of section 265.01-e of this chapter

and the restrictions on possession on restricted places under section

265.01-d of this chapter; (viii) conflict management; (ix) use of deadly

force; (x) suicide prevention; and (xi) the basic principles of

marksmanship; and (b) a minimum of two hours of a live-fire range

training course. The applicant shall be required to demonstrate

proficiency by scoring a minimum of eighty percent correct answers on a

written test for the curriculum under paragraph (a) of this subdivision

and the proficiency level determined by the rules and regulations

promulgated by the division of criminal justice services and the

superintendent of state police for the live-fire range training under

paragraph (b) of this subdivision. Upon demonstration of such

proficiency, a certificate of completion shall be issued to such

applicant in the applicant's name and endorsed and affirmed under the

penalties of perjury by such duly authorized instructor. An applicant

required to complete the training required herein prior to renewal of a

license issued prior to the effective date of this subdivision shall

only be required to complete such training for the first renewal of such

license after such effective date.

20. Firearms dealers; required warnings. (a) (i) Every person licensed

as a gunsmith or a dealer in firearms shall post the following notice at

the site where such rifles, shotguns, or firearms are sold, displayed or

delivered to the purchaser, at the entrance to the site and in at least

one additional area where sales occur, conspicuously stating, in no

smaller than twenty-six-point type on a sign at least eight and one-half

by eleven inches in bold print:

WARNING

ACCESS TO A RIFLE, SHOTGUN, OR FIREARM IN THE HOME SIGNIFICANTLY

INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR

UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL

THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.

(ii) Every firearms dealer shall distribute a notice to the purchaser

at the time of each individual sale of a rifle, shotgun, or firearm,

conspicuously stating, in no smaller than twenty-six-point type and on

paper at least eight and one-half by eleven inches in bold print the

following warning:

WARNING

ACCESS TO A RIFLE, SHOTGUN, OR FIREARM IN THE HOME SIGNIFICANTLY

INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR

UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL

THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.

(iii) Upon the issuance of or amendment to a rifle, shotgun, or

firearm license and/or permit, the licensing officer shall provide the

licensee/permittee a written copy of a warning notice conspicuously

stating in no smaller than twenty-six-point type and on paper at least

eight and one-half by eleven inches in bold print the following warning:

WARNING

ACCESS TO A RIFLE, SHOTGUN, OR FIREARM IN THE HOME SIGNIFICANTLY

INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR

UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL

THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.

(b) No licensing officer, local government, or any employee thereof

shall be liable to any person by reason of any injury or damage

resulting from the failure of any gunsmith or firearms dealer to comply

with this subdivision or in consequence of any act or omission in

connection with the implementation or enforcement of this subdivision.

(c) Any person, firm, or corporation required to post or distribute

warnings pursuant to subparagraph (i) or (ii) of paragraph (a) of this

subdivision who fails to post or distribute in the manner provided for

in such provisions shall be guilty of a violation punishable by

imprisonment of not more than fifteen days or by a fine of not more than

one thousand dollars, or both. Each day that a violation continues shall

be deemed a separate offense.

(d) The provisions of this subdivision shall not supersede any local

law or ordinance that imposes stricter disclosure or notice

requirements; and notices required by this subdivision shall be in

addition to any other notices required by any other federal, state or

local law, ordinance, rule or regulation.