N.Y. Penal Law § 400.02: Statewide license and record database

§ 400.02 Statewide license and record database.

1. There shall be a statewide license and record database which shall

be created and maintained by the division of state police the cost of

which shall not be borne by any municipality. Records assembled or

collected for purposes of inclusion in such database shall not be

subject to disclosure pursuant to article six of the public officers

law. All records containing granted license applications from all

licensing authorities shall be monthly checked by the division of

criminal justice services in conjunction with the division of state

police against criminal conviction, criminal indictment, mental health,

extreme risk protection orders, orders of protection, and all other

records as are necessary to determine their continued accuracy as well

as whether an individual is no longer a valid license holder. The

division of criminal justice services shall also check pending

applications made pursuant to this article against such records to

determine whether a license may be granted. All state and local agencies

shall cooperate with the division of criminal justice services, as

otherwise authorized by law, in making their records available for such

checks. The division of criminal justice services, upon determining that

an individual is ineligible to possess a license, or is no longer a

valid license holder, shall notify the applicable licensing official of

such determination and such licensing official shall not issue a license

or shall revoke such license and any weapons owned or possessed by such

individual shall be removed consistent with the provisions of

subdivision eleven of section 400.00 of this article. Local and state

law enforcement shall have access to such database in the performance of

their duties. Records assembled or collected for purposes of inclusion

in the database established by this section shall be released pursuant

to a court order.

2. There shall be a statewide license and record database specific for

ammunition sales which shall be created and maintained by the division

of state police the cost of which shall not be borne by any municipality

no later than thirty days upon designating the division of state police

as the point of contact to perform both firearm and ammunition

background checks under federal and state law. Records assembled or

collected for purposes of inclusion in such database shall not be

subject to disclosure pursuant to article six of the public officers

law. All records containing granted license applications from all

licensing authorities shall be monthly checked by the division of

criminal justice services in conjunction with the division of state

police against criminal conviction, criminal indictments, mental health,

extreme risk protection orders, orders of protection, and all other

records as are necessary to determine their continued accuracy as well

as whether an individual is no longer a valid license holder. The

division of criminal justice services shall also check pending

applications made pursuant to this article against such records to

determine whether a license may be granted. All state and local agencies

shall cooperate with the division of criminal justice services, as

otherwise authorized by law, in making their records available for such

checks. No later than thirty days after the superintendent of the state

police certifies that the statewide license and record database

established pursuant to this section and the statewide license and

record database established for ammunition sales are operational for the

purposes of this section, a dealer in firearms licensed pursuant to

section 400.00 of this article, a seller of ammunition as defined in

subdivision twenty-four of section 265.00 of this chapter shall not

transfer any ammunition to any other person who is not a dealer in

firearms as defined in subdivision nine of such section 265.00 or a

seller of ammunition as defined in subdivision twenty-four of section

265.00 of this chapter, unless:

(a) before the completion of the transfer, the licensee or seller

contacts the statewide license and record database and provides the

database with information sufficient to identify such dealer or seller

transferee based on information on the transferee's identification

document as defined in paragraph (c) of this subdivision, as well as the

amount, caliber, manufacturer's name and serial number, if any, of such

ammunition;

(b) the licensee or seller is provided with a unique identification

number; and

(c) the transferor has verified the identity of the transferee by

examining a valid state identification document of the transferee issued

by the department of motor vehicles or if the transferee is not a

resident of the state of New York, a valid identification document

issued by the transferee's state or country of residence containing a

photograph of the transferee.