Get a Grip – How to Grip a Pistol

How to grip a pistol is one of the key factors in how accurate you will be.  Improperly gripping the pistol will lead to all sorts of problems1911 shooterincluding poor shot placement, loosing control of the gun due to recoil and even malfunction of gun and injuring yourself.

I am not saying this is the only way to correctly grip a pistol. This is what I learned and it worked well for me and many other men that I served with. 

You want the webbing between your thumb and index finger of your shooting hand up firmly against the top part of the pistol grip. Too low and you will have a hard time controlling the recoil and too high will get you a good chunk of your hand taken off by a semi automatic slide. You want your thumb and index finger to be approximately the same height which will help you keep the gun level.  Hold the gun with the firmness as a firm handshake. Too tight and you will start to shake the gun.

Your non shooting hand wraps around the shooting hand basically cupping it.  I always exerted a little pressure with the index of the non firing hand up against the trigger guard. I found this help me stabilizing the gun. The thumb of this hand I pointed straight forward. The thumb of the firing hand ends up being directly in line behind the other thumb. This is known as the “straight thumb” technique. It seems to help me point the weapon naturally. That is not saying that I advocate point shooting. I still rely primarily on the front sight.

If this isn’t the way you are gripping the pistol, try it out a bit.  First simply draw the pistol and bring it up and use the grip.  See how it feels in your hand.  After working on this awhile, try it out on the range.

Top 10 Concealed Carry Mistakes And How To Avoid Them.

Gun Concealed Carry

In this video Michael Martin, author of Concealed Carry and Home Defense, and Tim Schmidt, aka Tactical Tim and president and founder of the USCCA, speak to users about the top ten concealed carry mistakes, don’ts and blunders which many responsibly armed Americans can often find themselves falling into.

This quick and easy concealed carry video could be the difference between life and death, being in jail or the ability to walk away a free citizen. The United States Concealed Carry Association is the number one resource for the responsibly armed American to educate, train, equip, and insure themselves to carry a weapon in self-defense.

The full list of the top ten mistakes is:

        1. Selecting the Wrong Firearm for You.

2. Making a Personal Protection Plan Only About Firearms Training and Not About Conflict Avoidance and Situational Awareness.

3. Finding the Right Gun but the Wrong Holster.

4. Believing you’ve Ever Had Enough Training.

5. Doing the Wrong Kind of Training.

6. Not Preparing for the Legal and Financial Aftermath of a Self Defense Shooting.

7. Not Testing Your Self Defense Ammo.

8. Not Building Consistency into Your Carry Practices.

9. Not Properly Maintaining Your Carry Gun and Ammunition.

10. Not Understanding Your State’s Laws or the Laws of States You Might Visit.

NYS-Types Of Pistol Licenses

Types Of Pistol Licenses
As Per Section 400.00 Subd. 2 Of The New York State Penal Law

(a) Premise Dwelling – Have and possess in his dwelling by a householder.
(b) Premise Business – Have and possess in his place of business by a merchant or storekeeper.
(c) Bank or Express Messenger – Have and carry concealed while so employed by a messenger employed by a banking institution or express company.
(d) Justice of The Supreme Court 1st or 2nd Judicial Dept. or Judge of NYC Civil or Criminal Court – 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) Employee Of Corrections – 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 therefore by such commissioner, warden, superintendent or head keeper.

(f) Proper Cause – Have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof. 

(g) Antique Pistols – Have, possess, collect and carry antique pistols which are defined in section 400.00
subd. 2(i)(ii)(1)(2).

Note: Only a Qualified Retired Law Enforcement Officer or Unrestricted License are full carry
licenses . All other Licenses issued have restrictions on When/Where a person can carry.

 

Article 35 – NY Penal Law

Article 35 – NY Penal Law

DEFENSE OF JUSTIFICATION
35.00 Justification; a defense.
35.05 Justification; generally.
35.10 Justification; use of physical force generally.
35.15 Justification; use of physical force in defense of a person.
35.20 Justification; use of physical force in defense of premises
           and in defense of a person in the course of burglary.
35.25 Justification; use of physical force to prevent or
           terminate larceny or criminal mischief.
35.27 Justification; use of physical force in resisting arrest prohibited.
35.30 Justification; use of physical force in making an arrest
           or in preventing an escape.

S 35.00 Justification; a defense.
  In any prosecution for an offense, justification, as defined in
sections 35.05 through 35.30, is a defense.

S 35.05 Justification; generally.
  Unless otherwise limited by the ensuing provisions of this article
defining justifiable use of physical force, conduct which would
otherwise constitute an offense is justifiable and not criminal when:
  1. Such conduct is required or authorized by law or by a judicial
decree, or is performed by a public servant in the reasonable exercise
of his official powers, duties or functions; or
  2. Such conduct is necessary as an emergency measure to avoid an
imminent public or private injury which is about to occur by reason of a
situation occasioned or developed through no fault of the actor, and
which is of such gravity that, according to ordinary standards of
intelligence and morality, the desirability and urgency of avoiding such
injury clearly outweigh the desirability of avoiding the injury sought
to be prevented by the statute defining the offense in issue.  The
necessity and justifiability of such conduct may not rest upon
considerations pertaining only to the morality and advisability of the
statute, either in its general application or with respect to its
application to a particular class of cases arising thereunder. Whenever
evidence relating to the defense of justification under this subdivision
is offered by the defendant, the court shall rule as a matter of law
whether the claimed facts and circumstances would, if established,
constitute a defense.

S 35.10 Justification; use of physical force generally.
  The use of physical force upon another person which would otherwise
constitute an offense is justifiable and not criminal under any of the
following circumstances:
  1. A parent, guardian or other person entrusted with the care and
supervision of a person under the age of twenty-one or an incompetent
person, and a teacher or other person entrusted with the care and
supervision of a person under the age of twenty-one for a special
purpose, may use physical force, but not deadly physical force, upon
such person when and to the extent that he reasonably believes it
necessary to maintain discipline or to promote the welfare of such
person.
  2. A warden or other authorized official of a jail, prison or
correctional institution may, in order to maintain order and discipline,
use such physical force as is authorized by the correction law.
  3. A person responsible for the maintenance of order in a common
carrier of passengers, or a person acting under his direction, may use
physical force when and to the extent that he reasonably believes it
necessary to maintain order, but he may use deadly physical force only
when he reasonably believes it necessary to prevent death or serious
physical injury.
  4. A person acting under a reasonable belief that another person is
about to commit suicide or to inflict serious physical injury upon
himself may use physical force upon such person to the extent that he
reasonably believes it necessary to thwart such result.
  5.  A  duly licensed physician, or a person acting under a physician's
direction, may use physical force for the  purpose  of  administering  a
recognized  form  of treatment which he or she reasonably believes to be
adapted to promoting the physical or mental health of the patient if (a)
the treatment is administered with the consent of the patient or, if the
patient is under the age of eighteen years  or  an  incompetent  person,
with  the consent of the parent, guardian or other person entrusted with
the patient's care and supervision, or (b) the treatment is administered
in an emergency when the  physician  reasonably  believes  that  no  one
competent  to  consent  can  be  consulted and that a reasonable person,
wishing to safeguard the welfare of the patient, would consent.
  6. A person may, pursuant to the ensuing provisions of  this  article,
use  physical  force upon another person in self-defense or defense of a
third person, or in defense of premises, or in order to prevent  larceny
of  or criminal mischief to property, or in order to effect an arrest or
prevent an escape from custody. Whenever a person is authorized  by  any
such  provision  to use deadly physical force in any given circumstance,
nothing contained in any other such provision may be deemed to negate or
qualify such authorization.

S 35.15 Justification; use of physical force in defense of a person.
  1.  A  person  may,  subject to the provisions of subdivision two, use
physical force upon another person when and to  the  extent  he  or  she
reasonably believes such to be necessary to defend himself, herself or a
third  person  from  what he or she reasonably believes to be the use or
imminent use of unlawful physical force by such other person, unless:
  (a) The latter's conduct was provoked by  the  actor  with  intent  to
cause physical injury to another person; or
  (b)  The actor was the initial aggressor; except that in such case the
use of physical force is  nevertheless  justifiable  if  the  actor  has
withdrawn   from   the   encounter  and  effectively  communicated  such
withdrawal to such other person but the latter  persists  in  continuing
the  incident by the use or threatened imminent use of unlawful physical
force; or
  (c) The physical  force  involved  is  the  product  of  a  combat  by
agreement not specifically authorized by law.
  2.  A  person  may  not  use deadly physical force upon another person
under circumstances specified in subdivision one unless:
  (a) The actor reasonably believes that such other person is  using  or
about  to  use  deadly  physical  force. Even in such case, however, the
actor may not use deadly physical force if he or  she  knows  that  with
complete  personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actor is  under  no
duty to retreat if he or she is:
  (i) in his or her dwelling and not the initial aggressor; or
  (ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter`s direction, acting pursuant to
section 35.30; or
  (b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape,  forcible  criminal
sexual act or robbery; or
  (c) He or she reasonably believes that such other person is committing
or  attempting to commit a burglary, and the circumstances are such that
the use of deadly physical force is authorized by subdivision three of
section 35.20.

S 35.20 Justification; use of physical force in defense of premises and
             in defense of a person in the course of burglary.
  1. Any person may use physical force upon another person  when  he  or
she  reasonably  believes  such  to be necessary to prevent or terminate
what he or she reasonably believes to be  the  commission  or  attempted
commission by such other person of a crime involving damage to premises.
Such  person  may  use  any  degree of physical force, other than deadly
physical force, which he or she reasonably believes to be necessary  for
such  purpose, and may use deadly physical force if he or she reasonably
believes such to be necessary to prevent or terminate the commission  or
attempted commission of arson.
  2.  A  person  in  possession  or control of any premises, or a person
licensed or privileged to be thereon or therein, may use physical  force
upon  another  person  when  he  or  she  reasonably believes such to be
necessary to prevent or terminate what he or she reasonably believes  to
be  the  commission  or  attempted  commission by such other person of a
criminal trespass upon such premises. Such person may use any degree  of
physical  force,  other  than  deadly  physical  force,  which he or she
reasonably believes to be necessary for such purpose, and may use deadly
physical force in order  to  prevent  or  terminate  the  commission  or
attempted  commission  of arson, as prescribed in subdivision one, or in
the course of  a  burglary  or  attempted  burglary,  as  prescribed  in
subdivision three.
  3.  A person in possession or control of, or licensed or privileged to
be in, a dwelling or an occupied building, who reasonably believes  that
another  person is committing or attempting to commit a burglary of such
dwelling or building, may use deadly  physical  force  upon  such  other
person  when  he  or  she  reasonably  believes  such to be necessary to
prevent or terminate the commission  or  attempted  commission  of  such
burglary.
  4.  As  used  in  this section, the following terms have the following
meanings:
  (a) The terms "premises," "building" and "dwelling" have the  meanings
prescribed in section 140.00;
  (b)  Persons "licensed or privileged" to be in buildings or upon other
premises include, but are not limited to:
  (i) police officers or peace officers acting  in  the  performance  of
their duties; and
  (ii)  security  personnel  or  employees  of  nuclear powered electric
generating facilities located within the state who are employed as  part
of  any security plan approved by the federal operating license agencies
acting in the performance of their duties at such generating facilities.
For purposes of this subparagraph, the term  "nuclear  powered  electric
generating  facility"  shall  mean a facility that generates electricity
using nuclear power for sale, directly or  indirectly,  to  the  public,
including the land upon which the facility is located and the safety and
security zones as defined under federal regulations.

S 35.25 Justification; use of physical force to prevent or terminate
             larceny or criminal mischief.
  A person may use physical force, other  than  deadly  physical  force,
upon  another  person  when  and to the extent that he or she reasonably
believes such to be necessary to prevent or terminate  what  he  or  she
reasonably believes to be the commission or attempted commission by such
other person of larceny or of criminal mischief with respect to property
other than premises.

S 35.27 Justification; use of physical force in resisting arrest prohibited.
  A person may not use physical force to resist an arrest, whether
authorized or unauthorized, which is being effected or attempted by a
police officer or peace officer when it would reasonably appear that the
latter is a police officer or peace officer.

S 35.30 Justification; use of physical force in making an arrest or in
             preventing an escape.
   1. A police officer or a peace officer, in the course of effecting  or
  attempting  to  effect  an  arrest,  or  of  preventing or attempting to
  prevent the escape from custody, of a person whom he or  she  reasonably
  believes  to  have committed an offense, may use physical force when and
  to the extent he or she reasonably believes  such  to  be  necessary  to
  effect  the  arrest,  or  to  prevent  the  escape  from  custody, or in
  self-defense or to defend a third person from what he or she  reasonably
  believes  to  be  the use or imminent use of physical force; except that
  deadly physical force may be used for such purposes only when he or  she
  reasonably believes that:
    (a) The offense committed by such person was:
    (i)  a  felony  or  an attempt to commit a felony involving the use or
  attempted use or threatened imminent use of  physical  force  against  a
  person; or
    (ii)  kidnapping,  arson,  escape in the first degree, burglary in the
  first degree or any attempt to commit such a crime; or
    (b) The offense committed or attempted by such person was a felony and
  that, in the course of resisting arrest therefor or attempting to escape
  from custody, such person is armed with a firearm or deadly weapon; or
    (c) Regardless of the particular offense which is the subject  of  the
  arrest  or  attempted  escape,  the  use  of  deadly  physical  force is
  necessary to defend the police  officer  or  peace  officer  or  another
  person  from  what  the  officer  reasonably  believes  to be the use or
  imminent use of deadly physical force.
    2. The fact that a police officer or a peace officer is  justified  in
  using deadly physical force under circumstances prescribed in paragraphs
  (a)  and  (b)  of  subdivision one does not constitute justification for
  reckless conduct by such police officer or peace officer amounting to an
  offense against or with respect to innocent persons whom he  or  she  is
  not seeking to arrest or retain in custody.
    3.  A  person  who  has  been  directed by a police officer or a peace
  officer to assist such police officer or  peace  officer  to  effect  an
  arrest  or  to  prevent  an  escape from custody may use physical force,
  other than deadly physical force, when and to the extent that he or  she
  reasonably  believes  such  to  be  necessary  to  carry out such police
  officer's or peace officer's direction, unless he or she knows that  the
  arrest  or  prospective  arrest is not or was not authorized and may use
  deadly physical force under such circumstances when:
    (a)  He  or  she  reasonably  believes  such  to  be   necessary   for
  self-defense  or to defend a third person from what he or she reasonably
  believes to be the use or imminent use of deadly physical force; or
    (b) He or she is directed or authorized  by  such  police  officer  or
  peace  officer  to use deadly physical force unless he or she knows that
  the police officer or peace officer is  not  authorized  to  use  deadly
  physical force under the circumstances.
    4.  A private person acting on his or her own account may use physical
  force, other than deadly physical force, upon another person when and to
  the extent that he or she reasonably believes such to  be  necessary  to
  effect  an arrest or to prevent the escape from custody of a person whom
  he or she reasonably believes to have committed an offense  and  who  in
  fact  has  committed such offense; and may use deadly physical force for
  such purpose when he or she reasonably believes such to be necessary to:
    (a) Defend himself, herself or a third person  from  what  he  or  she
  reasonably  believes  to  be  the use or imminent use of deadly physical
  force; or
    (b)  Effect  the  arrest  of  a  person  who  has  committed   murder,
  manslaughter  in  the  first  degree, robbery, forcible rape or forcible
  criminal sexual act and who is in immediate flight therefrom.
    5.  A  guard,  police officer or peace officer who is charged with the
  duty of guarding prisoners in a detention  facility,  as  that  term  is
  defined  in  section  205.00, or while in transit to or from a detention
  facility, may use physical force when and to the extent that he  or  she
  reasonably  believes  such  to  be  necessary to prevent the escape of a
  prisoner from a detention facility or  from  custody  while  in  transit
  thereto or therefrom.

Article 400 – NY Penal Law

Article 400 – NY Penal Law

LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS
400.00 Licenses to carry, possess, repair and dispose of firearms.
400.01 License to carry and possess firearms for retired sworn
            members of the division of state police.
400.02 Statewide license and record database. Effective Date: 01/15/2014 
400.03 Sellers of ammunition. Effective Date: 01/15/2014
400.05 Disposition of weapons and dangerous instruments,
            appliances and substances.
400.10 Report of theft or loss of a firearm, rifle or shotgun.

S 400.00 Licenses to carry, possess, repair and dispose of firearms.
  * 1.  Eligibility.  No  license shall be issued or renewed pursuant to
  this section except by  the  licensing  officer,  and  then  only  after
  investigation  and  finding  that all statements in a proper application
  for a license are true. No license shall be issued or renewed except for
  an applicant (a) twenty-one years of age or  older,  provided,  however,
  that  where such applicant has been honorably discharged from the United
  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
  national  guard  of the state of New York, no such age restriction shall
  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
  anywhere of a felony or a serious offense; (d) who has stated whether he
  or  she  has  ever  suffered  any mental illness or been confined to any
  hospital or institution, public or private, for mental illness; (e)  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;  (f)  in  the  county  of  Westchester,  who  has
  successfully completed a firearms safety course and test as evidenced by
  a  certificate  of completion issued in his or her name and endorsed and
  affirmed under the penalties of perjury by a duly authorized instructor,
  except that: (i) persons who are honorably discharged  from  the  United
  States army, navy, marine corps or coast guard, or of the national guard
  of the state of New York, and produce evidence of official qualification
  in  firearms  during  the  term  of  service  are  not  required to have
  completed those hours of a firearms safety course pertaining to the safe
  use, carrying, possession, maintenance and storage  of  a  firearm;  and
  (ii)  persons who were licensed to possess a pistol or revolver prior to
  the effective date of this paragraph are not required to have  completed
  a firearms safety course and test; and (g) concerning whom no good cause
  exists  for  the  denial  of  the license. No person shall engage in the
  business of gunsmith or dealer in firearms unless licensed  pursuant  to
  this  section.  An  applicant to engage in such business shall also be a
  citizen of the United States, more than  twenty-one  years  of  age  and
  maintain  a place of business in the city or county where the license is
  issued. For such business, if the applicant is a  firm  or  partnership,
  each  member thereof shall comply with all of the requirements set forth
  in this subdivision and if the applicant is a corporation, each  officer
  thereof shall so comply.
    * NB Effective until January 15, 2014
    * 1.  Eligibility.  No  license shall be issued or renewed pursuant to
  this section except by  the  licensing  officer,  and  then  only  after
  investigation  and  finding  that all statements in a proper application
  for a license are true. No license shall be issued or renewed except for
  an applicant (a) twenty-one years of age or  older,  provided,  however,
  that  where such applicant has been honorably discharged from the United
  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
  national  guard  of the state of New York, no such age restriction shall
  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
  anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
  an alien (i) is not illegally or unlawfully in the United States or (ii)
  has not been admitted to the United States  under  a  nonimmigrant  visa
  subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
  discharged from the Armed Forces under dishonorable conditions; (h) who,
  having been a citizen of the United States, has not renounced his or her
  citizenship; (i) who has stated whether he or she has ever suffered  any
  mental  illness;  (j)  who  has  not  been  involuntarily committed to a
  facility under the jurisdiction of an office of the department of mental
  hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
  article seven hundred thirty or section 330.20 of the criminal procedure
  law,  section  four  hundred two or five hundred eight of the correction
  law, section 322.2 or 353.4 of the family court act,  or  has  not  been
  civilly  confined in a secure treatment facility pursuant to article ten
  of the mental hygiene law; (k) who has not had a license revoked or  who
  is  not under a suspension or ineligibility order issued pursuant to the
  provisions of section 530.14 of the criminal procedure  law  or  section
  eight  hundred forty-two-a of the family court act; (l) in the county of
  Westchester, who has successfully completed a firearms safety course and
  test as evidenced by a certificate of completion issued in  his  or  her
  name  and endorsed and affirmed under the penalties of perjury by a duly
  authorized instructor,  except  that:  (i)  persons  who  are  honorably
  discharged  from  the  United  States  army, navy, marine corps or coast
  guard, or of the national guard of the state of New  York,  and  produce
  evidence  of  official  qualification  in  firearms  during  the term of
  service are not required to have completed those  hours  of  a  firearms
  safety   course  pertaining  to  the  safe  use,  carrying,  possession,
  maintenance and storage of a firearm; and (ii) persons who were licensed
  to possess a pistol or revolver prior to  the  effective  date  of  this
  paragraph  are  not  required to have completed a firearms safety course
  and test; (m) who has not had  a  guardian  appointed  for  him  or  her
  pursuant to any provision of state law, based on a determination that as
  a  result  of marked subnormal intelligence, mental illness, incapacity,
  condition or disease, he or she lacks the mental capacity to contract or
  manage his or her own affairs; and (n) concerning  whom  no  good  cause
  exists  for  the  denial  of  the license. No person shall engage in the
  business of gunsmith or dealer in firearms unless licensed  pursuant  to
  this  section.  An  applicant to engage in such business shall also be a
  citizen of the United States, more than  twenty-one  years  of  age  and
  maintain  a place of business in the city or county where the license is
  issued. For such business, if the applicant is a  firm  or  partnership,
  each  member thereof shall comply with all of the requirements set forth
  in this subdivision and if the applicant is a corporation, each  officer
  thereof shall so comply.
    * NB Effective January 15, 2014
    2.  Types  of  licenses.  A license for gunsmith or dealer in firearms
  shall be issued to engage in such business. A license for  a  pistol  or
  revolver,  other  than  an  assault  weapon or a disguised gun, shall be
  issued to (a) have and possess in his dwelling  by  a  householder;  (b)
  have  and possess in his place of business by a merchant or storekeeper;
  (c) have and carry concealed while so employed by a  messenger  employed
  by  a  banking  institution  or  express  company;  (d)  have  and carry
  concealed by a justice of the supreme  court  in  the  first  or  second
  judicial  departments, or by a judge of the New York city civil court or
  the New York city criminal court; (e) have and carry concealed while  so
  employed by a regular employee of an institution of the state, or of any
  county,  city,  town  or  village,  under  control  of a commissioner of
  correction of the city or any warden, superintendent or head  keeper  of
  any   state  prison,  penitentiary,  workhouse,  county  jail  or  other
  institution for the detention of persons convicted or accused  of  crime
  or  held  as  witnesses  in criminal cases, provided that application is
  made therefor by  such  commissioner,  warden,  superintendent  or  head
  keeper;  (f)  have  and carry concealed, without regard to employment or
  place of possession, by any person when  proper  cause  exists  for  the
  issuance  thereof;  and  (g)  have,  possess,  collect and carry antique
  pistols which are defined  as  follows:  (i)  any  single  shot,  muzzle
  loading  pistol  with a matchlock, flintlock, percussion cap, or similar
  type of ignition system manufactured in or before  l898,  which  is  not
  designed  for using rimfire or conventional centerfire fixed ammunition;
  and  (ii)  any  replica  of any pistol described in clause (i) hereof if
  such replica--
    (1) is not designed or redesigned for using  rimfire  or  conventional
  centerfire fixed ammunition, or
    (2)  uses rimfire or conventional centerfire fixed ammunition which is
  no longer manufactured in the United States and  which  is  not  readily
  available in the ordinary channels of commercial trade.
    3.  Applications. * (a) Applications shall be made and renewed, in the
  case of a license to carry or possess  a  pistol  or  revolver,  to  the
  licensing  officer  in the city or county, as the case may be, where the
  applicant resides, is principally employed or has his 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 is a citizen of the United  States,  whether  or
  not  he  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 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.
    * NB Effective until January 15, 2014
    * (a) Applications shall be made and renewed, in the case of a license
  to carry or possess a pistol or revolver, to the  licensing  officer  in
  the  city or county, as the case may be, where the applicant resides, is
  principally employed or has his or her principal place  of  business  as
  merchant  or  storekeeper;  and, in the case of a license as gunsmith or
  dealer in firearms,  to  the  licensing  officer  where  such  place  of
  business is located. Blank applications shall, except in the city of New
  York,  be  approved as to form by the superintendent of state police. An
  application shall state the full name, date of birth, residence, present
  occupation of each person or individual signing the same, whether or not
  he or she is a citizen of the United States, whether or not  he  or  she
  complies  with each requirement for eligibility specified in subdivision
  one of this section and such other facts as may be required to show  the
  good  character,  competency  and integrity of each person or individual
  signing the application. An application shall be signed and verified  by
  the  applicant.  Each individual signing an application shall submit one
  photograph of himself or herself and a duplicate for each required  copy
  of the application. Such photographs shall have been taken within thirty
  days  prior  to filing the application. In case of a license as gunsmith
  or  dealer  in  firearms,  the photographs submitted shall be two inches
  square, and the application shall also state the previous occupation  of
  each  individual  signing the same and the location of the place of such
  business, or of the bureau, agency, subagency, office or  branch  office
  for  which  the license is sought, specifying the name of the city, town
  or village, indicating the street and number and otherwise  giving  such
  apt description as to point out reasonably the location thereof. In such
  case,  if the applicant is a firm, partnership or corporation, its name,
  date and place of formation, and principal place of  business  shall  be
  stated.  For  such  firm or partnership, the application shall be signed
  and verified by each individual composing or intending  to  compose  the
  same, and for such corporation, by each officer thereof.
    * NB Effective January 15, 2014
    (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. 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. In
  order to ascertain  any  previous  criminal  record,  the  investigating
  officer  shall  take  the  fingerprints and physical descriptive data in
  quadruplicate of each individual by whom the application is  signed  and
  verified.  Two  copies  of  such fingerprints shall be taken on standard
  fingerprint cards eight inches square, and one copy may be  taken  on  a
  card  supplied  for that purpose by the federal bureau of investigation;
  provided, however, that in the case of a corporate  applicant  that  has
  already  been issued a dealer in firearms license and seeks to operate a
  firearm dealership at a second  or  subsequent  location,  the  original
  fingerprints on file may be used to ascertain any criminal record in the
  second  or  subsequent  application unless any of the corporate officers
  have changed  since  the  prior  application,  in  which  case  the  new
  corporate  officer  shall  comply  with  procedures governing an initial
  application for such license. When completed, one standard card shall be
  forwarded to and retained by the division of criminal  justice  services
  in  the  executive  department, at Albany. A search of the files of such
  division and written notification of the results of the  search  to  the
  investigating   officer   shall   be  made  without  unnecessary  delay.
  Thereafter, such division shall notify the  licensing  officer  and  the
  executive  department, division of state police, Albany, of any criminal
  record of the applicant filed therein subsequent to the  search  of  its
  files. A second standard card, or the one supplied by the federal bureau
  of  investigation, as the case may be, shall be forwarded to that bureau
  at Washington with a request that the files of the  bureau  be  searched
  and   notification  of  the  results  of  the  search  be  made  to  the
  investigating police authority. The failure or refusal  of  the  federal
  bureau  of  investigation  to make the fingerprint check provided for in
  this section shall not constitute the sole basis for refusal to issue  a
  permit  pursuant to the provisions of this section. Of the remaining two
  fingerprint cards, one shall be filed  with  the  executive  department,
  division  of state police, Albany, within ten days after issuance of the
  license, and the other remain on  file  with  the  investigating  police
  authority.  No  such  fingerprints  may be inspected by any person other
  than a peace officer, who is acting pursuant to his 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.
    * NB Effective until January 15, 2014
    * 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.  In order to ascertain any previous criminal
  record, the  investigating  officer  shall  take  the  fingerprints  and
  physical  descriptive  data  in quadruplicate of each individual by whom
  the application is signed and verified. Two copies of such  fingerprints
  shall  be  taken  on standard fingerprint cards eight inches square, and
  one copy may be taken on a card supplied for that purpose by the federal
  bureau of investigation; provided,  however,  that  in  the  case  of  a
  corporate  applicant  that  has already been issued a dealer in firearms
  license and seeks to  operate  a  firearm  dealership  at  a  second  or
  subsequent  location,  the  original fingerprints on file may be used to
  ascertain any criminal record in the second  or  subsequent  application
  unless  any  of  the  corporate  officers  have  changed since the prior
  application, in which case the new corporate officer shall  comply  with
  procedures  governing  an  initial  application  for  such license. When
  completed,  one  standard card shall be forwarded to and retained by the
  division of criminal justice services in the  executive  department,  at
  Albany.  A search of the files of such division and written notification
  of the results of the search to the investigating officer shall be  made
  without  unnecessary  delay.  Thereafter, such division shall notify the
  licensing officer  and  the  executive  department,  division  of  state
  police,  Albany,  of  any criminal record of the applicant filed therein
  subsequent to the search of its files. A second standard  card,  or  the
  one supplied by the federal bureau of investigation, as the case may be,
  shall  be forwarded to that bureau at Washington with a request that the
  files of the bureau be searched and notification of the results  of  the
  search  be  made to the investigating police authority. Of the remaining
  two fingerprint cards, one shall be filed with the executive department,
  division of state police, Albany, within ten days after issuance of  the
  license,  and  the  other  remain  on file with the investigating police
  authority. No such fingerprints may be inspected  by  any  person  other
  than a peace officer, who is acting pursuant to his 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.
    * NB Effective January 15, 2014
    4-a.  Processing  of  license  applications. Applications for licenses
  shall be accepted for processing by the licensing officer at the time of
  presentment. Except upon written notice to  the  applicant  specifically
  stating  the  reasons  for any delay, in each case the licensing officer
  shall act upon any application for a license pursuant  to  this  section
  within  six  months of the date of presentment of such an application to
  the appropriate authority. Such delay may only be  for  good  cause  and
  with  respect  to  the  applicant.  In  acting  upon an application, the
  licensing  officer  shall  either  deny  the  application  for   reasons
  specifically  and  concisely  stated in writing or grant the application
  and issue the license applied for.
    4-b. Westchester county firearms safety  course  certificate.  In  the
  county of Westchester, at the time of application, the licensing officer
  to  which  the  license  application is made shall provide a copy of the
  safety course booklet to each license applicant. Before such license  is
  issued, such licensing officer shall require that the applicant submit a
  certificate  of  successful  completion  of a firearms safety course and
  test issued in his or her name  and  endorsed  and  affirmed  under  the
  penalties of perjury by a duly authorized instructor.
    5.  Filing  of  approved  applications.  (a)  The  application for any
  license, if granted, shall be filed by the licensing  officer  with  the
  clerk  of  the  county  of issuance, except that in the city of New York
  and, in the counties of Nassau and Suffolk, the licensing officer  shall
  designate  the  place  of  filing in the appropriate division, bureau or
  unit of the police department thereof, and in the county of Suffolk  the
  county   clerk   is   hereby  authorized  to  transfer  all  records  or
  applications relating to firearms to the  licensing  authority  of  that
  county.  Except  as  provided  in  paragraphs  (b)  through  (f) of this
  subdivision, the name and address of any person to whom  an  application
  for  any  license  has  been  granted  shall  be  a  public record. Upon
  application by a licensee who has changed his place  of  residence  such
  records  or applications shall be transferred to the appropriate officer
  at the licensee's new place of  residence.  A  duplicate  copy  of  such
  application  shall  be  filed  by the licensing officer in the executive
  department, division of state police,  Albany,  within  ten  days  after
  issuance  of  the  license.  The  superintendent  of  state  police  may
  designate that such application shall be transmitted to the division  of
  state  police  electronically.  In  the  event the superintendent of the
  division of state police determines that it lacks  any  of  the  records
  required to be filed with the division, it may request that such records
  be  provided to it by the appropriate clerk, department or authority and
  such clerk, department or authority shall provide the division with such
  records. In the event such clerk, department  or  authority  lacks  such
  records, the division may request the license holder provide information
  sufficient  to  constitute  such  record  and  such license holder shall
  provide the division with such information. Such  information  shall  be
  limited  to  the  license  holder's  name,  date of birth, gender, race,
  residential address, social security number and  firearms  possessed  by
  said  license  holder. Nothing in this subdivision shall be construed to
  change the expiration  date  or  term  of  such  licenses  if  otherwise
  provided  for  in  law.  Records  assembled or collected for purposes of
  inclusion in the database established by this section shall be  released
  pursuant  to  a court order. Records assembled or collected for purposes
  of inclusion in the database created pursuant to section 400.02 of  this
  chapter  shall  not  be subject to disclosure pursuant to article six of
  the public officers law.
    (b) Each application for a license pursuant to paragraph (a)  of  this
  subdivision  shall  include,  on a separate written form prepared by the
  division of state police within thirty days of the effective date of the
  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
  section,  and provided to the applicant at the same time and in the same
  manner as  the  application  for  a  license,  an  opportunity  for  the
  applicant   to   request  an  exception  from  his  or  her  application
  information becoming public record pursuant to  paragraph  (a)  of  this
  subdivision.   Such  forms,  which  shall  also  be  made  available  to
  individuals who had applied for or been granted a license prior  to  the
  effective date of the chapter of the laws of two thousand thirteen which
  amended  this section, shall notify applicants that, upon discovery that
  an applicant knowingly provided false information, such applicant may be
  subject to penalties pursuant to section 175.30  of  this  chapter,  and
  further,  that  his  or  her  request for an exception shall be null and
  void, provided that written  notice  containing  such  determination  is
  provided  to  the  applicant.  Further,  such  forms  shall provide each
  applicant an opportunity to specify the  grounds  on  which  he  or  she
  believes  his  or  her  application  information  should not be publicly
  disclosed. These grounds, which shall be identified on  the  application
  with  a  box  beside each for checking, as applicable, by the applicant,
  shall be as follows:
    (i) the applicant's life or safety may  be  endangered  by  disclosure
  because:
    (A)  the  applicant  is  an  active  or  retired police officer, peace
  officer, probation officer, parole officer, or corrections officer;
    (B) the applicant is a protected person under a currently valid  order
  of protection;
    (C)  the  applicant  is  or  was  a  witness  in a criminal proceeding
  involving a criminal charge;
    (D) the applicant is participating or  previously  participated  as  a
  juror  in  a criminal proceeding, or is or was a member of a grand jury;
  or
    (E) the applicant is a spouse, domestic partner or household member of
  a person identified in this subparagraph or subparagraph  (ii)  of  this
  paragraph,  specifying  which  subparagraph or subparagraphs and clauses
  apply.
    (ii) the applicant has reason to believe his or her life or safety may
  be endangered by disclosure due to reasons stated by the applicant.
    (iii)  the applicant has reason to believe he or she may be subject to
  unwarranted harassment upon disclosure of such information.
    (c) Each form provided for recertification pursuant to  paragraph  (b)
  of  subdivision ten of this section shall include an opportunity for the
  applicant to request an exception from the information provided on  such
  form   becoming   public  record  pursuant  to  paragraph  (a)  of  this
  subdivision. Such forms shall notify  applicants  that,  upon  discovery
  that  an  applicant knowingly provided false information, such applicant
  may be subject to penalties pursuant to section 175.30 of this  chapter,
  and  further, that his or her request for an exception shall be null and
  void, provided that written  notice  containing  such  determination  is
  provided  to  the  applicant.  Further,  such  forms  shall provide each
  applicant an opportunity to either  decline  to  request  the  grant  or
  continuation  of an exception, or specify the grounds on which he or she
  believes his or her information should not be publicly disclosed.  These
  grounds,  which shall be identified in the application with a box beside
  each for checking, as applicable, by the applicant, shall be the same as
  provided in paragraph (b) of this subdivision.
    (d) Information submitted on the forms described in paragraph  (b)  of
  this subdivision shall be excepted from disclosure and maintained by the
  entity  retaining  such  information  separate  and apart from all other
  records.
    (e) (i) Upon receiving a request for exception  from  disclosure,  the
  licensing  officer  shall  grant  such  exception, unless the request is
  determined to be null and void, pursuant to paragraph (b) or (c) of this
  subdivision.
    (ii) A request for an exception from disclosure may  be  submitted  at
  any time, including after a license or recertification has been granted.
    (iii)  If an exception is sought and granted pursuant to paragraph (b)
  of this subdivision, the application information  shall  not  be  public
  record,  unless  the  request  is  determined to be null and void. If an
  exception is sought and  granted  pursuant  to  paragraph  (c)  of  this
  subdivision, the information concerning such recertification application
  shall  not be public record, unless the request is determined to be null
  and void.
    (f) The information of licensees or applicants for a license shall not
  be disclosed to the public during the  first  one  hundred  twenty  days
  following  the effective date of the chapter of the laws of two thousand
  thirteen, which amended this section. After such period, the information
  of those who had applied for or been granted  a  license  prior  to  the
  preparation  of  the  form  for  requesting  an  exception,  pursuant to
  paragraph (b)  of  this  subdivision,  may  be  released  only  if  such
  individuals  did  not  file  a  request for such an exception during the
  first sixty days following such preparation; provided, however, that  no
  information contained in an application for licensure or recertification
  shall  be  disclosed  by an entity that has not completed processing any
  such requests received during such sixty days.
    (g) If a request for an exception is determined to be  null  and  void
  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
  request review of such determination pursuant to  article  seventy-eight
  of  the  civil  practice  laws  and rules. Such proceeding must commence
  within thirty days after service of the written  notice  containing  the
  adverse  determination. Notice of the right to commence such a petition,
  and the time period therefor, shall be included in  the  notice  of  the
  determination.  Disclosure  following  such a petition shall not be made
  prior to the disposition of such review.
    6.  License:  validity.  Any  license  issued pursuant to this section
  shall be valid notwithstanding  the  provisions  of  any  local  law  or
  ordinance.    No  license  shall  be transferable to any other person or
  premises. A license to carry  or  possess  a  pistol  or  revolver,  not
  otherwise  limited as to place or time of possession, shall be effective
  throughout the state, except that the same shall not be valid within the
  city of New York unless a special permit granting validity is issued  by
  the  police  commissioner of that city. Such license to carry or possess
  shall be valid within the city of New York in the absence  of  a  permit
  issued  by  the  police commissioner of that city, provided that (a) the
  firearms covered by such license have been  purchased  from  a  licensed
  dealer within the city of New York and are being transported out of said
  city  forthwith  and  immediately  from said dealer by the licensee in a
  locked container during a continuous and uninterrupted trip; or provided
  that (b) the firearms covered by such license are being  transported  by
  the  licensee in a locked container and the trip through the city of New
  York is continuous and uninterrupted; or provided that (c) the  firearms
  covered  by  such  license  are  carried  by armored car security guards
  transporting money or other valuables, in, to, or  from  motor  vehicles
  commonly  known  as armored cars, during the course of their employment;
  or provided that (d) the licensee is a retired police officer as  police
  officer  is  defined pursuant to subdivision thirty-four of section 1.20
  of the criminal procedure law  or  a  retired  federal  law  enforcement
  officer,  as  defined in section 2.15 of the criminal procedure law, who
  has been issued a license by an authorized licensing officer as  defined
  in subdivision ten of section 265.00 of this chapter; provided, further,
  however,  that if such license was not issued in the city of New York it
  must  be  marked  "Retired  Police  Officer"  or  "Retired  Federal  Law
  Enforcement  Officer", as the case may be, and, in the case of a retired
  officer the license shall be deemed to permit only police or federal law
  enforcement regulations weapons; or provided that (e) the licensee is  a
  peace  officer  described  in  subdivision  four  of section 2.10 of the
  criminal procedure law and the license, if issued by other than the city
  of New York, is marked "New York State Tax Department Peace Officer" and
  in such case the exemption shall apply only to  the  firearm  issued  to
  such  licensee  by  the department of taxation and finance. A license as
  gunsmith or dealer in firearms shall not be valid outside  the  city  or
  county, as the case may be, where issued.
    7.  License:  form. Any license issued pursuant to this section shall,
  except in the  city  of  New  York,  be  approved  as  to  form  by  the
  superintendent  of  state police. A license to carry or possess a pistol
  or revolver shall have attached the licensee's photograph, and a  coupon
  which shall be removed and retained by any person disposing of a firearm
  to  the  licensee.  Such  license  shall  specify  the weapon covered by
  calibre, make, model, manufacturer's name and serial number, or if none,
  by any other distinguishing number or  identification  mark,  and  shall
  indicate  whether  issued  to  carry  on  the  person  or possess on the
  premises, and if on the premises shall also specify the place where  the
  licensee  shall possess the same. If such license is issued to an alien,
  or to a person not a citizen of and usually a resident in the state, the
  licensing officer shall state in the license the particular  reason  for
  the  issuance  and  the  names  of  the  persons  certifying to the good
  character of the  applicant.  Any  license  as  gunsmith  or  dealer  in
  firearms  shall mention and describe the premises for which it is issued
  and shall be valid only for such premises.
    8.  License:  exhibition  and display. Every licensee while carrying a
  pistol or revolver shall have on his or her person a  license  to  carry
  the  same.  Every  person  licensed  to  possess a pistol or revolver on
  particular premises  shall  have  the  license  for  the  same  on  such
  premises.  Upon demand, the license shall be exhibited for inspection to
  any peace officer, who is acting pursuant to his or her special  duties,
  or  police officer. A license as gunsmith or dealer in firearms shall be
  prominently displayed on the licensed premises. A gunsmith or dealer  of
  firearms  may  conduct business temporarily at a location other than the
  location specified on the license if  such  temporary  location  is  the
  location  for  a  gun show or event sponsored by any national, state, or
  local organization, or any affiliate of any such organization devoted to
  the collection, competitive use or other sporting use of  firearms.  Any
  sale  or  transfer at a gun show must also comply with the provisions of
  article thirty-nine-DD of the general business law. Records  of  receipt
  and  disposition  of  firearms  transactions conducted at such temporary
  location shall include the location of the sale or other disposition and
  shall be entered in the permanent records of the gunsmith or  dealer  of
  firearms  and retained on the location specified on the license. Nothing
  in this section shall authorize any licensee to  conduct  business  from
  any  motorized or towed vehicle. A separate fee shall not be required of
  a licensee with respect to business conducted  under  this  subdivision.
  Any inspection or examination of inventory or records under this section
  at  such temporary location shall be limited to inventory consisting of,
  or records related to, firearms  held  or  disposed  at  such  temporary
  locations.  Failure  of any licensee to so exhibit or display his or her
  license, as the case may be, shall be presumptive evidence  that  he  or
  she is not duly licensed.
    * 9.  License:  amendment.  Elsewhere  than in the city of New York, a
  person licensed to carry or possess a pistol or revolver  may  apply  at
  any  time  to  his  licensing  officer  for  amendment of his 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. 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 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, give notice in writing of such
  change to the executive department, division of state police, at Albany.
    * NB Effective until January 15, 2014
    * 9. License: amendment. Elsewhere than in the city  of  New  York,  a
  person  licensed  to  carry or possess a pistol or revolver may apply at
  any time to his or her licensing officer for amendment  of  his  or  her
  license  to  include  one or more such weapons or to cancel weapons held
  under license. If granted, a record  of  the  amendment  describing  the
  weapons  involved  shall  be  filed  by  the  licensing  officer  in the
  executive  department,   division   of   state   police,   Albany.   The
  superintendent  of  state  police  may  authorize that such amendment be
  completed and transmitted  to  the  state  police  in  electronic  form.
  Notification  of any change of residence shall be made in writing by any
  licensee within ten days after such change occurs, and a record of  such
  change shall be inscribed by such licensee on the reverse side of his or
  her license. Elsewhere than in the city of New York, and in the counties
  of  Nassau and Suffolk, such notification shall be made to the executive
  department, division of state police, Albany, and in  the  city  of  New
  York  to  the  police  commissioner  of  that city, and in the county of
  Nassau to the police commissioner of that county, and in the  county  of
  Suffolk  to  the licensing officer of that county, who shall, within ten
  days after such notification shall be  received  by  him  or  her,  give
  notice  in  writing of such change to the executive department, division
  of state police, at Albany.
    * NB Effective January 15, 2014
    * 10. License: expiration, certification and renewal. Any license  for
  gunsmith or dealer in firearms and, in the city of New York, any license
  to carry or possess a pistol or revolver, issued at any time pursuant to
  this  section  or  prior  to  the  first  day  of July, nineteen hundred
  sixty-three and not limited to expire on an earlier date  fixed  in  the
  license,  shall  expire  not  more  than  three  years after the date of
  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
  license  to  carry  or  possess a pistol or revolver, issued at any time
  pursuant to this section or prior to the first  day  of  July,  nineteen
  hundred  sixty-three  and not limited to expire on an earlier date fixed
  in the license, shall expire not more than five years after the date  of
  issuance;  however, in the county of Westchester, any such license shall
  be certified  prior  to  the  first  day  of  April,  two  thousand,  in
  accordance with a schedule to be contained in regulations promulgated by
  the commissioner of the division of criminal justice services, and every
  such  license  shall  be  recertified  every  five years thereafter. For
  purposes of this section certification  shall  mean  that  the  licensee
  shall  provide  to the licensing officer the following information only:
  current name, date of birth,  current  address,  and  the  make,  model,
  caliber  and  serial  number  of  all firearms currently possessed. Such
  certification information shall be filed by the licensing officer in the
  same manner as an amendment. Elsewhere than in the city of New York  and
  the counties of Nassau, Suffolk and Westchester, any license to carry or
  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
  section or prior to the first day of July, nineteen hundred  sixty-three
  and  not  previously  revoked or cancelled, shall be in force and effect
  until revoked as herein provided. Any license not  previously  cancelled
  or  revoked shall remain in full force and effect for thirty days beyond
  the stated expiration date on such license. Any application to  renew  a
  license that has not previously expired, been revoked or cancelled shall
  thereby  extend  the  term  of  the  license  until  disposition  of the
  application by the licensing officer. In  the  case  of  a  license  for
  gunsmith  or dealer in firearms, in counties having a population of less
  than two hundred  thousand  inhabitants,  photographs  and  fingerprints
  shall  be submitted on original applications and upon renewal thereafter
  only at six year intervals. Upon satisfactory  proof  that  a  currently
  valid  original  license  has  been despoiled, lost or otherwise removed
  from the possession of the licensee and upon application  containing  an
  additional photograph of the licensee, the licensing officer shall issue
  a duplicate license.
    * NB Effective until January 15, 2014
    * 10.  License: expiration, certification and renewal. (a) Any license
  for gunsmith or dealer in firearms and, in the city  of  New  York,  any
  license  to  carry  or  possess a pistol or revolver, issued at any time
  pursuant to this section or prior to the first  day  of  July,  nineteen
  hundred  sixty-three  and not limited to expire on an earlier date fixed
  in the license, shall expire not more than three years after the date of
  issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
  license  to  carry  or  possess a pistol or revolver, issued at any time
  pursuant to this section or prior to the first  day  of  July,  nineteen
  hundred  sixty-three  and not limited to expire on an earlier date fixed
  in the license, shall expire not more than five years after the date  of
  issuance;  however, in the county of Westchester, any such license shall
  be certified  prior  to  the  first  day  of  April,  two  thousand,  in
  accordance with a schedule to be contained in regulations promulgated by
  the commissioner of the division of criminal justice services, and every
  such  license  shall  be  recertified  every  five years thereafter. For
  purposes of this section certification  shall  mean  that  the  licensee
  shall  provide  to the licensing officer the following information only:
  current name, date of birth,  current  address,  and  the  make,  model,
  caliber  and  serial  number  of  all firearms currently possessed. Such
  certification information shall be filed by the licensing officer in the
  same manner as an amendment. Elsewhere than in the city of New York  and
  the counties of Nassau, Suffolk and Westchester, any license to carry or
  possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
  section or prior to the first day of July, nineteen hundred  sixty-three
  and  not  previously  revoked or cancelled, shall be in force and effect
  until revoked as herein provided. Any license not  previously  cancelled
  or  revoked shall remain in full force and effect for thirty days beyond
  the stated expiration date on such license. Any application to  renew  a
  license that has not previously expired, been revoked or cancelled shall
  thereby  extend  the  term  of  the  license  until  disposition  of the
  application by the licensing officer. In  the  case  of  a  license  for
  gunsmith  or dealer in firearms, in counties having a population of less
  than two hundred  thousand  inhabitants,  photographs  and  fingerprints
  shall  be submitted on original applications and upon renewal thereafter
  only at six year intervals. Upon satisfactory  proof  that  a  currently
  valid  original  license  has  been despoiled, lost or otherwise removed
  from the possession of the licensee and upon application  containing  an
  additional photograph of the licensee, the licensing officer shall issue
  a duplicate license.
    (b) All licensees shall be recertified to the division of state police
  every  five  years  thereafter.  Any license issued before the effective
  date of the chapter of the laws of two  thousand  thirteen  which  added
  this paragraph shall be recertified by the licensee on or before January
  thirty-first, two thousand eighteen, and not less than one year prior to
  such  date,  the state police shall send a notice to all license holders
  who have not recertified by such time. Such recertification shall be  in
  a  form  as  approved by the superintendent of state police, which shall
  request  the  license  holder's  name,  date  of  birth,  gender,  race,
  residential  address, social security number, firearms possessed by such
  license holder, email address at the option of the license holder and an
  affirmation that such license holder is not prohibited  from  possessing
  firearms.  The form may be in an electronic form if so designated by the
  superintendent of state police. Failure to  recertify  shall  act  as  a
  revocation  of  such license. If the New York state police discover as a
  result of the recertification process that a licensee failed to  provide
  a  change  of  address,  the New York state police shall not require the
  licensing officer to revoke such license.
    * NB Effective January 15, 2014
    * 11. License: revocation and suspension. The conviction of a licensee
  anywhere of a felony or serious offense shall operate as a revocation of
  the license. A license may be revoked or suspended as  provided  for  in
  section  530.14  of  the criminal procedure law or section eight hundred
  forty-two-a of the  family  court  act.  Except  for  a  license  issued
  pursuant to section 400.01 of this article, a license may be revoked and
  cancelled  at  any  time in the city of New York, and in the counties of
  Nassau and Suffolk, by the licensing officer, and elsewhere than in  the
  city of New York by any judge or justice of a court of record; a license
  issued  pursuant  to  section  400.01 of this article may be revoked and
  cancelled at any time by the licensing officer or any judge  or  justice
  of a court of record. The official revoking a license shall give written
  notice  thereof  without  unnecessary delay to the executive department,
  division of state police, Albany, and shall also notify immediately  the
  duly constituted police authorities of the locality.
    * NB Effective until January 15, 2014
    * 11.  License:  revocation  and  suspension.  (a) The conviction of a
  licensee anywhere of a felony or serious offense or a  licensee  at  any
  time  becoming  ineligible  to obtain a license under this section shall
  operate as a revocation of the license. A  license  may  be  revoked  or
  suspended  as  provided  for in section 530.14 of the criminal procedure
  law or section eight hundred forty-two-a of the family court act. Except
  for a license issued pursuant to  section  400.01  of  this  article,  a
  license  may  be  revoked  and  cancelled at any time in the city of New
  York, and in the counties  of  Nassau  and  Suffolk,  by  the  licensing
  officer,  and  elsewhere  than  in  the city of New York by any judge or
  justice of a court of record;  a  license  issued  pursuant  to  section
  400.01  of  this article may be revoked and cancelled at any time by the
  licensing officer or any judge or justice of  a  court  of  record.  The
  official  revoking  a  license shall give written notice thereof without
  unnecessary delay to the executive department, division of state police,
  Albany, and shall also notify immediately the  duly  constituted  police
  authorities of the locality.
    (b) Whenever the director of community services or his or her designee
  makes  a  report pursuant to section 9.46 of the mental hygiene law, the
  division of criminal justice services  shall  convey  such  information,
  whenever  it  determines that the person named in the report possesses a
  license issued pursuant to this section, to  the  appropriate  licensing
  official, who shall issue an order suspending or revoking such license.
    (c)  In  any  instance  in  which  a  person's license is suspended or
  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
  shall  surrender  such license to the appropriate licensing official and
  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
  person  shall be surrendered to an appropriate law enforcement agency as
  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
  section  265.20  of  this  chapter.  In the event such license, firearm,
  shotgun, or rifle is not surrendered, such items shall  be  removed  and
  declared  a  nuisance  and  any  police  officer or peace officer acting
  pursuant to his or her special duties is authorized to  remove  any  and
  all such weapons.
    * NB Effective January 15, 2014
    * 12.  Records  required  of  gunsmiths  and  dealers in firearms. Any
  person licensed as gunsmith or dealer in firearms shall  keep  a  record
  book  approved  as  to  form,  except  in  the  city of New York, by the
  superintendent of state police. In the record book shall be  entered  at
  the  time  of every transaction involving a firearm the date, name, age,
  occupation and residence of any person from whom a firearm  is  received
  or  to  whom  a  firearm  is  delivered,  and  the calibre, make, model,
  manufacturer's  name  and  serial  number,  or  if   none,   any   other
  distinguishing  number  or  identification  mark on such firearm. Before
  delivering a firearm to any person, the licensee shall  require  him  to
  produce  either  a  license valid under this section to carry or possess
  the same, or proof of lawful authority as an exempt person  pursuant  to
  section  265.20.  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 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.
    * NB Effective until January 15, 2014
    * 12.  Records  required  of  gunsmiths  and  dealers in firearms. Any
  person licensed as gunsmith or dealer in firearms shall  keep  a  record
  book  approved  as  to  form,  except  in  the  city of New York, by the
  superintendent of state police. In the record book shall be  entered  at
  the  time  of every transaction involving a firearm the date, name, age,
  occupation and residence of any person from whom a firearm  is  received
  or  to  whom  a  firearm  is  delivered,  and  the calibre, make, model,
  manufacturer's  name  and  serial  number,  or  if   none,   any   other
  distinguishing  number  or  identification  mark on such firearm. Before
  delivering a firearm to any person, the licensee shall  require  him  to
  produce  either  a  license valid under this section to carry or possess
  the same, or proof of lawful authority as an exempt person  pursuant  to
  section  265.20.  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.
    * NB Effective January 15, 2014
    12-a.  State  police  regulations  applicable  to  licensed  gunsmiths
  engaged in the business of assembling  or  manufacturing  firearms.  The
  superintendent  of state police is hereby authorized to issue such rules
  and regulations as he deems reasonably necessary to  prevent  the  manu-
  facture  and  assembly  of  unsafe firearms in the state. Such rules and
  regulations shall establish safety standards  in  regard  to  the  manu-
  facture  and assembly of firearms in the state, including specifications
  as to materials and parts used,  the  proper  storage  and  shipment  of
  firearms,  and  minimum standards of quality control. Regulations issued
  by the state police pursuant to this  subdivision  shall  apply  to  any
  person licensed as a gunsmith under this section engaged in the business
  of manufacturing or assembling firearms, and any violation thereof shall
  subject  the  licensee  to revocation of license pursuant to subdivision
  eleven of this section.
    12-c. Firearms records. (a) Every employee of a state or local agency,
  unit of local government,  state  or  local  commission,  or  public  or
  private  organization  who  possesses  a firearm or machine-gun under an
  exemption to  the  licensing  requirements  under  this  chapter,  shall
  promptly  report in writing to his employer the make, model, calibre and
  serial number of each such firearm or  machine-gun.  Thereafter,  within
  ten  days of the acquisition or disposition of any such weapon, he shall
  furnish such information to his employer, including the name and address
  of the person from whom the weapon  was  acquired  or  to  whom  it  was
  disposed.
    (b)  Every  head of a state or local agency, unit of local government,
  state or  local  commission,  public  authority  or  public  or  private
  organization  to  whom  an  employee  has submitted a report pursuant to
  paragraph (a) of this subdivision shall promptly forward such report  to
  the superintendent of state police.
    (c)  Every  head of a state or local agency, unit of local government,
  state or local commission, public authority, or any other  agency,  firm
  or corporation that employs persons who may lawfully possess firearms or
  machine-guns  without  the  requirement  of  a license therefor, or that
  employs persons licensed to  possess  firearms  or  machine-guns,  shall
  promptly  report  to  the  superintendent of state police, in the manner
  prescribed by him, the make, model, calibre and serial number  of  every
  firearm or machine-gun possessed by it on the effective date of this act
  for  the  use of such employees or for any other use. Thereafter, within
  ten days of the acquisition or disposition of any such weapon, such head
  shall report such information to the superintendent of the state police,
  including the name and address of the person from whom  the  weapon  was
  acquired or to whom it was disposed.
    13.  Expenses. The expense of providing a licensing officer with blank
  applications, licenses and record books for carrying out the  provisions
  of this section shall be a charge against the county, and in the city of
  New York against the city.
    14. Fees. In the city of New York and the county of Nassau, the annual
  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
  for  dealers  in  firearms.  In  such  city, the city council and in the
  county of Nassau the Board of  Supervisors  shall  fix  the  fee  to  be
  charged  for  a  license  to  carry  or possess a pistol or revolver and
  provide for the disposition of such fees. Elsewhere in  the  state,  the
  licensing  officer  shall  collect  and pay into the county treasury the
  following  fees:  for  each  license  to  carry  or  possess a pistol or
  revolver, not less than three dollars nor more than ten dollars  as  may
  be  determined by the legislative body of the county; for each amendment
  thereto, three dollars, and five dollars in the county of  Suffolk;  and
  for  each  license  issued  to  a  gunsmith  or  dealer in firearms, ten
  dollars. The fee for a duplicate license shall be five dollars. The  fee
  for  processing  a  license  transfer  between  counties  shall  be five
  dollars. The fee for processing a  license  or  renewal  thereof  for  a
  qualified   retired   police   officer   as  defined  under  subdivision
  thirty-four of  section  1.20  of  the  criminal  procedure  law,  or  a
  qualified  retired  sheriff, undersheriff, or deputy sheriff of the city
  of New York as defined under subdivision two  of  section  2.10  of  the
  criminal  procedure  law,  or  a  qualified  retired  bridge  and tunnel
  officer, sergeant or lieutenant of  the  triborough  bridge  and  tunnel
  authority  as  defined  under  subdivision twenty of section 2.10 of the
  criminal procedure law, or a qualified retired uniformed  court  officer
  in  the  unified court system, or a qualified retired court clerk in the
  unified court system in the first and second  judicial  departments,  as
  defined  in paragraphs a and b of subdivision twenty-one of section 2.10
  of the criminal procedure law or a retired correction officer as defined
  in subdivision twenty-five of section 2.10 of the criminal procedure law
  shall be waived in all counties throughout the state.
    * 15. Any violation by any person of any provision of this section  is
  a class A misdemeanor.
    * NB Effective until January 15, 2014
    * 15.  Any violation by any person of any provision of this section is
  a class A misdemeanor.
    * NB Effective January 15, 2014
    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.
    (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.
    * NB Effective January 15, 2014
    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.

S 400.01 License to carry and possess firearms for retired sworn members
              of the division of state police.
  1. A license to carry or possess a firearm for a retired sworn member
of the division of state police shall be granted in the same manner and
upon the same terms and conditions as licenses issued under section
400.00 of this article provided, however, that applications for such
license shall be made to, and the licensing officer shall be, the
superintendent of state police.
  2. For purposes of this section, a "retired sworn member of the
division of state police" shall mean a former sworn member of the
division of state police, who upon separation from the division of state
police was immediately entitled to receive retirement benefits under the
provisions of the retirement and social security law.
  3. The provisions of this section shall only apply to license
applications made or renewals which must be made on or after the
effective date of this section. A license to carry or possess a pistol
or revolver issued pursuant to the provisions of section 400.00 of this
article to a person covered by the provisions of this section shall be
valid until such license would have expired pursuant to the provisions
of section 400.00 of this article; provided that, on or after the
effective date of this section, an application or renewal of such
license shall be made pursuant to the provisions of this section.
  4. Except for the designation of the superintendent of state police as
the licensing officer for retired sworn members of the division of state
police, all of the provisions and requirements of section 400.00 of this
article and any other provision of law shall be applicable to
individuals licensed pursuant to this section. In addition all
provisions of section 400.00 of this article, except for the designation
of the superintendent of state police as licensing officer are hereby
deemed applicable to individuals licensed pursuant to this section.

* S 400.02 Statewide license and record database
    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.  Records
  containing granted license applications shall be periodically checked by
  the  division  of criminal justice services against criminal conviction,
  mental health, 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
  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  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,  as  otherwise
  authorized by law, 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.
    * NB Effective January 15, 2014

* S 400.03 Sellers of ammunition
    1.  A  seller  of  ammunition as defined in subdivision twenty-four of
  section 265.00 of this chapter shall register with the superintendent of
  state police in a manner provided by the superintendent. Any  dealer  in
  firearms  that  is  validly  licensed pursuant to section 400.00 of this
  article shall not be required to complete such registration.
    2. Any seller of ammunition or dealer in firearms shall keep a  record
  book  approved  as to form by the superintendent of state police. In the
  record book shall be entered at the time of every transaction  involving
  ammunition  the  date, name, age, occupation and residence of any person
  from whom ammunition is received or to whom ammunition is delivered, and
  the amount, calibre, manufacturer's name and serial number, or if  none,
  any   other   distinguishing  number  or  identification  mark  on  such
  ammunition.  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 or her special  duties,  or  police  officer.  Any  record  produced
  pursuant  to this section and any transmission thereof to any government
  agency shall not be considered a public record for purposes  of  article
  six of the public officers law.
    3.  No  later  than  thirty days after the superintendent of the state
  police  certifies  that  the  statewide  license  and  record   database
  established  pursuant  to  section 400.02 of this article is 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,  calibre, manufacturer's name and serial number, if any, of such
  ammunition;
    (b)  the  system  provides  the  licensee  or  seller  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.
    4.  If  the  database  determines  that the purchaser of ammunition is
  eligible to possess ammunition pursuant to state and federal  laws,  the
  system shall:
    (a) assign a unique identification number to the transfer; and
    (b) provide the licensee or seller with the number.
    5.  If the statewide license and record database notifies the licensee
  or seller that the  information  available  to  the  database  does  not
  demonstrate  that  the  receipt of ammunition by such other person would
  violate 18 U.S.C. 922(g)  or  state  law,  and  the  licensee  transfers
  ammunition  to  such  other  person,  the licensee shall indicate to the
  database that such transaction has  been  completed  at  which  point  a
  record of such transaction shall be created which shall be accessible by
  the  division of state police and maintained for no longer than one year
  from point of  purchase,  which  shall  not  be  incorporated  into  the
  database  established  pursuant to section 400.02 of this article or the
  registry established pursuant to subdivision sixteen-a of section 400.00
  of this article. The division of state police may share such information
  with  a  local  law  enforcement  agency.  Evidence  of  the purchase of
  ammunition is not sufficient to establish probable cause to believe that
  the purchaser has committed a crime absent other information tending  to
  prove  the commission of a crime. Records assembled or accessed pursuant
  to this section shall not be subject to disclosure pursuant  to  article
  six  of  the public officers law. This requirement of this section shall
  not apply (i) if a background check  cannot  be  completed  because  the
  system  is  not operational as determined by the superintendent of state
  police, or where it cannot be accessed by  the  practitioner  due  to  a
  temporary   technological   or  electrical  failure,  as  set  forth  in
  regulation, or (ii) a dealer or seller has been granted  a  waiver  from
  conducting  such  background check if the superintendent of state police
  determines  that  such  dealer  is  incapable  of  such  check  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 such superintendent.
    6. If the superintendent of state  police  certifies  that  background
  checks  of  ammunition  purchasers may be conducted through the national
  instant criminal background check system, use of that system by a dealer
  or seller shall be sufficient to satisfy subdivisions four and  five  of
  this  section  and  such  checks shall be conducted through such system,
  provided that a record of such transaction shall  be  forwarded  to  the
  state police in a form determined by the superintendent.
    7.  No  commercial  transfer  of  ammunition shall take place unless a
  licensed dealer in firearms or registered seller of ammunition  acts  as
  an  intermediary  between  the transferor and the ultimate transferee of
  the ammunition for the purposes of contacting the statewide license  and
  record  database  pursuant  to  this  section. Such transfer between the
  dealer or seller, and transferee must occur in person.
    8. A seller of ammunition who  fails  to  register  pursuant  to  this
  section  and sells ammunition, for a first offense, shall be guilty of a
  violation and subject to the fine of one  thousand  dollars  and  for  a
  second offense, shall be guilty of a class A misdemeanor.
    A seller of ammunition that fails to keep any record required pursuant
  to  this section, for a first offense shall be guilty of a violation and
  subject to a fine of five hundred dollars,  and  for  a  second  offense
  shall  be  guilty of a class B misdemeanor, and the registration of such
  seller shall be revoked.
    * NB Effective January 15, 2014

S 400.05 Disposition of weapons and dangerous instruments,
               appliances and substances.
  1. Any weapon, instrument, appliance or substance specified in article
two hundred sixty-five, when unlawfully possessed, manufactured,
transported or disposed of, or when utilized in the commission of an
offense, is hereby declared a nuisance.  When the same shall come into
the possession of any police officer or peace officer, it shall be
surrendered immediately to the official mentioned in paragraph (f) of
subdivision one of section 65.20, except that such weapon, instrument,
appliance or substance coming into the possession of the state police
shall be surrendered to the superintendent of state police.
  2. The official to whom the weapon, instrument, appliance or substance
which has subsequently been declared a nuisance pursuant to subdivision
one of this section is so surrendered shall, at any time but at least
once each year, destroy the same or cause it to be destroyed, or render
the same or cause it to be rendered ineffective and useless for its
intended purpose and harmless to human life.
  3. Notwithstanding subdivision two of this section, the official to
whom the weapon, instrument, appliance or substance is so surrendered
shall not destroy the same if (a) a judge or justice of a court of
record, or a district attorney, shall file with the official a
certificate that the non-destruction thereof is necessary or proper to
serve the ends of justice; or (b) the official directs that the same be
retained in any laboratory conducted by any police or sheriff`s
department for the purpose of research, comparison, identification or
other endeavor toward the prevention and detection of crime.
  4. In the case of any machine-gun or firearm taken from the possession
of any person, the official to whom such weapon is surrendered pursuant
to subdivision one of this section shall immediately notify the
executive department, division of state police, Albany, giving the
caliber, make, model, manufacturer`s name and serial number, or if none,
any other distinguishing number or identification mark. A search of the
files of such division and notification of the results of the search to
such official shall immediately be made.
  5. Before any machine-gun or firearm is destroyed pursuant to
subdivision two of this section, (a) the official to whom the same has
been surrendered shall forward to the executive department, division of
state police, Albany, a notice of intent to destroy and the calibre,
make, model, manufacturer`s name and serial number, or if none, any
other distinguishing number or identification mark of the machine-gun or
firearm; (b) such division shall make and keep a record of such
description together with the name and address of the official reporting
the same and the date such notice was received; and (c) a search of the
files of such division and notification of the results of the search to
such official shall be made without unnecessary delay.
  6. A firearm or other weapon which is  surrendered,  or  is  otherwise
voluntarily  delivered  pursuant  to  section 265.20 of this chapter and
which has not been declared a nuisance pursuant to  subdivision  one  of
this section, shall be retained by the official to whom it was delivered
for  a  period  not  to exceed one year. Prior to the expiration of such
time period, a person who surrenders a firearm shall have the  right  to
arrange  for  the  sale,  or  transfer,  of  such firearm to a dealer in
firearms licensed in accordance with this chapter or for the transfer of
such firearm to himself or herself provided that a license therefor  has
been issued in accordance with this chapter. If no lawful disposition of
the  firearm  or  other  weapon  is  made  within the time provided, the
firearm or weapon concerned shall be declared a nuisance  and  shall  be
disposed of in accordance with the provisions of this section.

S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
    1. (a) Any owner or other person lawfully  in  possession  of:  (i)  a
  firearm, rifle or, shotgun who suffers the loss or theft of said weapon;
  (ii)  ammunition  as well as a firearm, rifle or shotgun who suffers the
  loss or theft of such ammunition as well as a firearm, rifle or shotgun;
  or (iii) ammunition and is a dealer in firearms or seller of  ammunition
  who   suffers  the  loss  or  theft  of  such  ammunition  shall  within
  twenty-four hours of the discovery of the loss or theft report the facts
  and circumstances of the  loss  or  theft  to  a  police  department  or
  sheriff's office.
    (b)  Whenever  a person reports the theft or loss of a firearm, rifle,
  shotgun or ammunition to any police department or sheriff's office,  the
  officer or department receiving such report shall forward notice of such
  theft or loss to the division of state police via the New York Statewide
  Police  Information  Network.  The  notice  shall contain information in
  compliance with  the  New  York  Statewide  Police  Information  Network
  Operating  Manual,  including  the  caliber, make, model, manufacturer's
  name and serial number, if any, and any other distinguishing  number  or
  identification mark on the weapon.
    2.  The  division  of state police shall receive, collect and file the
  information referred to in subdivision one of this section. The division
  shall cooperate, and undertake to  furnish  or  make  available  to  law
  enforcement  agencies  this information, for the purpose of coordinating
  law enforcement efforts to locate such weapons.
    3.  Notwithstanding  any  other  provision  of  law,  a  violation  of
  paragraph  (a)  of  subdivision  one  of this section shall be a class A
  misdemeanor.

Article 265 – NY Penal Law

Article 265 – NY Penal Law

FIREARMS AND OTHER DANGEROUS WEAPONS
265.00 Definitions.
265.01 Criminal possession of a weapon in the fourth degree. A MISD
265.01-A Criminal possession of a weapon on school grounds. E FELONY
265.01-B Criminal possession of a firearm. E FELONY
265.02 Criminal possession of a weapon in the third degree. D FELONY
265.03 Criminal possession of a weapon in the second degree. C FELONY
265.04 Criminal possession of a dangerous weapon in the first degree. B FELONY
265.05 Unlawful possession of weapons by persons under sixteen. JD
265.06 Unlawful possession of a weapon upon school grounds. VIOLATION
265.08 Criminal use of a firearm in the second degree. C FELONY
265.09 Criminal use of a firearm in the first degree. B FELONY
265.10 Manufacture, transport, disposition and defacement of
             weapons and dangerous instruments and appliances.
265.11 Criminal sale of a firearm in the third degree. D FELONY
265.12 Criminal sale of a firearm in the second degree. C FELONY
265.13 Criminal sale of a firearm in the first degree. B FELONY
265.14 Criminal sale of a firearm with the aid of a minor. C FELONY
265.15 Presumptions of possession, unlawful intent and defacement.
265.16 Criminal sale of a firearm to a minor. C FELONY
265.17 Criminal purchase or disposal of a weapon. A MISD
265.19 Aggravated criminal possession of a weapon. C FELONY
265.20 Exemptions.
265.25 Certain wounds to be reported. A MISD
265.26 Burn injury and wounds to be reported. A MISD
265.30 Certain convictions to be reported.
265.35 Prohibited use of weapons. MISD / FELONY
265.36 Unlawful possession of a large capacity ammunition feeding device. A MISD
265.37 Unlawful possession of certain ammunition feeding devices. MISD
265.40 Purchase of rifles and/or shotguns in contiguous states.
265.45 Safe storage of rifles, shotguns, and firearms. A MISD

S 265.00 Definitions.
   As  used  in  this  article and in article four hundred, the following
  terms shall mean and include:
    1. "Machine-gun" means a weapon of any  description,  irrespective  of
  size, by whatever name known, loaded or unloaded, from which a number of
  shots  or  bullets  may  be  rapidly  or automatically discharged from a
  magazine with  one  continuous  pull  of  the  trigger  and  includes  a
  sub-machine gun.
    2.  "Firearm  silencer"  means  any  instrument, attachment, weapon or
  appliance for causing the firing of any gun, revolver, pistol  or  other
  firearms  to be silent, or intended to lessen or muffle the noise of the
  firing of any gun, revolver, pistol or other firearms.
    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
  one or more barrels less than eighteen inches in length; or (c) a  rifle
  having  one  or  more barrels less than sixteen inches in length; or (d)
  any  weapon  made  from  a  shotgun  or  rifle  whether  by  alteration,
  modification,  or  otherwise  if  such  weapon  as altered, modified, or
  otherwise has an overall length of less than twenty-six inches;  or  (e)
  an assault weapon. For the purpose of this subdivision the length of the
  barrel  on  a  shotgun  or  rifle  shall  be determined by measuring the
  distance between the muzzle  and  the  face  of  the  bolt,  breech,  or
  breechlock  when  closed  and  when  the shotgun or rifle is cocked; the
  overall length of a weapon made from a shotgun or rifle is the  distance
  between the extreme ends of the weapon measured along a line parallel to
  the  center  line  of  the  bore.  Firearm  does  not include an antique
  firearm.
    4. "Switchblade knife" means any knife which has a blade  which  opens
  automatically  by  hand  pressure  applied  to a button, spring or other
  device in the handle of the knife.
    5. "Gravity knife" means any knife which has a blade which is released
  from the handle or sheath  thereof  by  the  force  of  gravity  or  the
  application  of  centrifugal  force  which,  when released, is locked in
  place by means of a button, spring, lever or other device.
    5-a. "Pilum ballistic knife" means any knife which has a  blade  which
  can  be  projected from the handle by hand pressure applied to a button,
  lever, spring or other device in the handle of the knife.
    5-b. "Metal knuckle knife" means a weapon that,  when  closed,  cannot
  function  as a set of plastic knuckles or metal knuckles, nor as a knife
  and when open, can function as both a set of plastic knuckles  or  metal
  knuckles as well as a knife.
    5-c.  "Automatic  knife"  includes  a stiletto, a switchblade knife, a
  gravity knife, a cane sword,  a  pilum  ballistic  knife,  and  a  metal
  knuckle knife.
    6.  "Dispose  of"  means  to dispose of, give, give away, lease, loan,
  keep for sale, offer, offer  for  sale,  sell,  transfer  and  otherwise
  dispose of.
    7.  "Deface"  means  to  remove,  deface,  cover, alter or destroy the
  manufacturer's serial number  or  any  other  distinguishing  number  or
  identification mark.
    8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
  company who engages in the business of repairing, altering,  assembling,
  manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
  performs any  mechanical  operation  on,  any  firearm,  large  capacity
  ammunition feeding device or machine-gun.
    9.   "Dealer   in  firearms"  means  any  person,  firm,  partnership,
  corporation or company  who  engages  in  the  business  of  purchasing,
  selling,  keeping for sale, loaning, leasing, or in any manner disposing
  of, any assault weapon, large capacity ammunition feeding device, pistol
  or revolver.
    10.  "Licensing  officer"  means  in  the  city of New York the police
  commissioner of that city; in the county of Nassau the  commissioner  of
  police  of  that  county;  in  the county of Suffolk the sheriff of that
  county except in the towns of Babylon, Brookhaven, Huntington, Islip and
  Smithtown, the commissioner of police of that county; for  the  purposes
  of  section  400.01  of this chapter the superintendent of state police;
  and elsewhere in the state a judge or  justice  of  a  court  of  record
  having his office in the county of issuance.
    11. "Rifle" means a weapon designed or redesigned, made or remade, and
  intended  to  be  fired from the shoulder and designed or redesigned and
  made or remade to use the energy of the explosive in  a  fixed  metallic
  cartridge  to  fire  only  a single projectile through a rifled bore for
  each single pull of the trigger.
    12. "Shotgun" means a weapon designed or redesigned, made  or  remade,
  and  intended  to  be fired from the shoulder and designed or redesigned
  and made or remade to use the energy of the explosive in a fixed shotgun
  shell to fire through a smooth bore either a number of ball  shot  or  a
  single projectile for each single pull of the trigger.
    13. "Cane Sword" means a cane or swagger stick having concealed within
  it a blade that may be used as a sword or stilletto.
    * 14. "Antique firearm" means:
    Any  unloaded  muzzle  loading  pistol  or  revolver with a matchlock,
  flintlock, percussion cap, or similar type  of  ignition  system,  or  a
  pistol  or  revolver  which  uses  fixed  cartridges which are no longer
  available in the ordinary channels of commercial trade.
    * NB There are 2 sb 14's
    * 14. "Chuka stick" means any device designed primarily as  a  weapon,
  consisting of two or more lengths of a rigid material joined together by
  a  thong,  rope or chain in such a manner as to allow free movement of a
  portion of the device while held  in  the  hand  and  capable  of  being
  rotated  in  such a manner as to inflict serious injury upon a person by
  striking or choking. These devices  are  also  known  as  nunchakus  and
  centrifugal force sticks.
    * NB There are 2 sb 14's
    15.  "Loaded  firearm" means any firearm loaded with ammunition or any
  firearm which is possessed by one who, at the  same  time,  possesses  a
  quantity of ammunition which may be used to discharge such firearm.
    15-a.  "Electronic  dart gun" means any device designed primarily as a
  weapon, the purpose of which  is  to  momentarily  stun,  knock  out  or
  paralyze a person by passing an electrical shock to such person by means
  of a dart or projectile.
    15-b. "Kung Fu star" means a disc-like object with sharpened points on
  the  circumference thereof and is designed for use primarily as a weapon
  to be thrown.
    15-c. "Electronic stun gun" means any device designed primarily  as  a
  weapon,  the  purpose  of which is to stun, cause mental disorientation,
  knock out or paralyze a person by  passing  a  high  voltage  electrical
  shock to such person.
    16.  "Certified not suitable to possess a self-defense spray device, a
  rifle or shotgun" means that the director or physician in charge of  any
  hospital  or  institution  for  mental  illness,  public or private, has
  certified to the superintendent of state  police  or  to  any  organized
  police department of a county, city, town or village of this state, that
  a  person  who  has  been judicially adjudicated incompetent, or who has
  been confined  to  such  institution  for  mental  illness  pursuant  to
  judicial  authority,  is  not  suitable  to possess a self-defense spray
  device, as defined in section 265.20 of this  article,  or  a  rifle  or
  shotgun.
    17.  "Serious offense" means (a) any of the following offenses defined
  in the former penal law as in force  and  effect  immediately  prior  to
  September first, nineteen hundred sixty-seven: illegally using, carrying
  or  possessing  a pistol or other dangerous weapon; making or possessing
  burglar's instruments; buying or  receiving  stolen  property;  unlawful
  entry  of a building; aiding escape from prison; that kind of disorderly
  conduct defined in subdivisions six and eight of section  seven  hundred
  twenty-two of such former penal law; violations of sections four hundred
  eighty-three,  four  hundred  eighty-three-b, four hundred eighty-four-h
  and article one hundred six of such  former  penal  law;  that  kind  of
  criminal  sexual  act  or  rape  which  was designated as a misdemeanor;
  violation of  section  seventeen  hundred  forty-seven-d  and  seventeen
  hundred  forty-seven-e  of  such  former penal law; any violation of any
  provision of article thirty-three of the public health law  relating  to
  narcotic  drugs  which was defined as a misdemeanor by section seventeen
  hundred fifty-one-a of such former penal law, and any violation  of  any
  provision of article thirty-three-A of the public health law relating to
  depressant  and  stimulant  drugs  which was defined as a misdemeanor by
  section seventeen hundred forty-seven-b of such former penal law.
    * (b) any  of  the  following  offenses  defined  in  the  penal  law:
  illegally  using,  carrying  or  possessing  a pistol or other dangerous
  weapon; possession of burglar's tools;  criminal  possession  of  stolen
  property  in  the  third  degree;  escape in the third degree; jostling;
  fraudulent accosting; endangering the welfare of a child;  the  offenses
  defined in article two hundred thirty-five; issuing abortional articles;
  permitting  prostitution;  promoting  prostitution  in the third degree;
  stalking in the  fourth  degree;  stalking  in  the  third  degree;  the
  offenses  defined in article one hundred thirty; the offenses defined in
  article two hundred twenty.
    * NB There are 2 par. b's
    * (b) any  of  the  following  offenses  defined  in  the  penal  law:
  illegally  using,  carrying  or  possessing  a pistol or other dangerous
  weapon; possession of burglar's tools;  criminal  possession  of  stolen
  property  in  the  third  degree;  escape in the third degree; jostling;
  fraudulent accosting; endangering the welfare of a child;  the  offenses
  defined in article two hundred thirty-five; issuing abortional articles;
  permitting  prostitution;  promoting  prostitution  in the third degree;
  stalking in the  third  degree;  stalking  in  the  fourth  degree;  the
  offenses  defined in article one hundred thirty; the offenses defined in
  article two hundred twenty.
    * NB There are 2 par. b's
    18. "Armor piercing ammunition" means any ammunition capable of  being
  used in pistols or revolvers containing a projectile or projectile core,
  or  a  projectile or projectile core for use in such ammunition, that is
  constructed  entirely  (excluding  the  presence  of  traces  of   other
  substances)  from one or a combination of any of the following: tungsten
  alloys, steel, iron, brass, bronze, beryllium copper, or uranium.
    19. "Duly authorized instructor" means (a) a duly commissioned officer
  of the United States army, navy, marine corps or coast guard, or of  the
  national  guard  of the state of New York; or (b) a duly qualified adult
  citizen of the United States who has been granted a  certificate  as  an
  instructor in small arms practice issued by the United States army, navy
  or  marine  corps,  or  by the adjutant general of this state, or by the
  national rifle association of America, a not-for-profit corporation duly
  organized under the laws  of  this  state;  or  (c)  by  a  person  duly
  qualified and designated by the department of environmental conservation
  under  paragraph  d  of  subdivision  six  of  section  11-0713  of  the
  environmental conservation law as its agent in the giving of instruction
  and the making of certifications of qualification in responsible hunting
  practices.
    20.  "Disguised  gun"  means  any  weapon  or  device capable of being
  concealed on the person from which a shot can be discharged through  the
  energy  of  an  explosive  and  is designed and intended to appear to be
  something other than a gun.
    21. "Semiautomatic" means any  repeating  rifle,  shotgun  or  pistol,
  regardless  of barrel or overall length, which utilizes a portion of the
  energy of a firing cartridge or shell to  extract  the  fired  cartridge
  case  or  spent  shell  and chamber the next round, and which requires a
  separate pull of the trigger to fire each cartridge or shell.
    22. "Assault weapon" means
    (a) a semiautomatic rifle that has an ability to accept  a  detachable
  magazine and has at least one of the following characteristics:
    (i) a folding or telescoping stock;
    (ii)  a pistol grip that protrudes conspicuously beneath the action of
  the weapon;
    (iii) a thumbhole stock;
    (iv) a second handgrip or a protruding grip that can be  held  by  the
  non-trigger hand;
    (v) a bayonet mount;
    (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded
  barrel  designed  to  accommodate  a  flash suppressor, muzzle break, or
  muzzle compensator;
    (vii) a grenade launcher; or
    (b) a semiautomatic shotgun that has at least  one  of  the  following
  characteristics:
    (i) a folding or telescoping stock;
    (ii) a thumbhole stock;
    (iii)  a  second handgrip or a protruding grip that can be held by the
  non-trigger hand;
    (iv) a fixed magazine capacity in excess of seven rounds;
    (v) an ability to accept a detachable magazine; or
    (c) a semiautomatic pistol that has an ability to accept a  detachable
  magazine and has at least one of the following characteristics:
    (i) a folding or telescoping stock;
    (ii) a thumbhole stock;
    (iii)  a  second handgrip or a protruding grip that can be held by the
  non-trigger hand;
    (iv) capacity to accept an ammunition magazine that  attaches  to  the
  pistol outside of the pistol grip;
    (v)  a  threaded  barrel capable of accepting a barrel extender, flash
  suppressor, forward handgrip, or silencer;
    (vi) a  shroud  that  is  attached  to,  or  partially  or  completely
  encircles,  the  barrel and that permits the shooter to hold the firearm
  with the non-trigger hand without being burned;
    (vii) a manufactured weight of fifty ounces or more when the pistol is
  unloaded; or
    (viii) a semiautomatic version  of  an  automatic  rifle,  shotgun  or
  firearm;
    (d) a revolving cylinder shotgun;
    (e)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
  pistol or weapon  defined  in  subparagraph  (v)  of  paragraph  (e)  of
  subdivision  twenty-two  of  section  265.00 of this chapter as added by
  chapter one  hundred  eighty-nine  of  the  laws  of  two  thousand  and
  otherwise lawfully possessed pursuant to such chapter of the laws of two
  thousand prior to September fourteenth, nineteen hundred ninety-four;
    (f)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
  pistol  or  weapon  defined  in  paragraph  (a),  (b)  or  (c)  of  this
  subdivision,  possessed prior to the date of enactment of the chapter of
  the laws of two thousand thirteen which added this paragraph;
    (g) provided, however, that such term does not include:
    (i) any rifle, shotgun or pistol that  (A)  is  manually  operated  by
  bolt,  pump,  lever  or  slide action; (B) has been rendered permanently
  inoperable; or (C) is  an  antique  firearm  as  defined  in  18  U.S.C.
  921(a)(16);
    (ii)  a  semiautomatic  rifle that cannot accept a detachable magazine
  that holds more than five rounds of ammunition;
    (iii) a semiautomatic shotgun that cannot hold more than  five  rounds
  of ammunition in a fixed or detachable magazine; or
    (iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,
  specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
  on October first, nineteen hundred ninety-three. The mere  fact  that  a
  weapon  is  not listed in Appendix A shall not be construed to mean that
  such weapon is an assault weapon;
    (v) any weapon validly registered pursuant to subdivision sixteen-a of
  section 400.00 of this chapter. Such weapons shall  be  subject  to  the
  provisions of paragraph (h) of this subdivision;
    (vi)  any  firearm,  rifle,  or shotgun that was manufactured at least
  fifty years prior to  the  current  date,  but  not  including  replicas
  thereof  that is validly registered pursuant to subdivision sixteen-a of
  section 400.00 of this chapter;
    (h) Any weapon defined in paragraph (e) or (f) of this subdivision and
  any large capacity ammunition feeding device that was legally  possessed
  by  an  individual  prior to the enactment of the chapter of the laws of
  two thousand thirteen which added this paragraph, may only be  sold  to,
  exchanged  with or disposed of to a purchaser authorized to possess such
  weapons or to an individual or entity outside of the state provided that
  any such transfer to an individual or entity outside of the  state  must
  be  reported  to  the  entity  wherein  the  weapon is registered within
  seventy-two hours of such transfer. An individual who transfers any such
  weapon or large capacity ammunition device to an individual  inside  New
  York  state  or  without complying with the provisions of this paragraph
  shall be guilty of a class A  misdemeanor  unless  such  large  capacity
  ammunition  feeding  device,  the possession of which is made illegal by
  the chapter of the laws  of  two  thousand  thirteen  which  added  this
  paragraph,  is  transferred within one year of the effective date of the
  chapter of the laws of two thousand thirteen which added this paragraph.
    23. "Large capacity ammunition feeding device" means a magazine, belt,
  drum, feed strip, or similar device, that (a) has a capacity of, or that
  can be readily restored or converted to accept, more than ten rounds  of
  ammunition,  or  * (b) contains more than seven rounds of ammunition, or
  (c) is obtained after the effective date of the chapter of the  laws  of
  two  thousand thirteen which amended this subdivision and has a capacity
  of, or that can be readily restored or converted to  accept,  more  than
  seven rounds of ammunition
    * NB  Suspended and NOT Effective per ch 1/2013 § 58, as amended by ch
  57/2013 Pt. FF § 4
    ; provided, however, that such  term  does  not  include  an  attached
  tubular  device  designed to accept, and capable of operating only with,
  .22 caliber rimfire ammunition or a feeding device that is  a  curio  or
  relic.  A feeding device that is a curio or relic is defined as a device
  that  (i)  was  manufactured  at  least fifty years prior to the current
  date, (ii) is only capable of  being  used  exclusively  in  a  firearm,
  rifle,  or  shotgun  that was manufactured at least fifty years prior to
  the current date, but not including replicas thereof, (iii) is possessed
  by  an  individual  who  is  not prohibited by state or federal law from
  possessing a firearm and (iv) is registered with the division  of  state
  police  pursuant  to  subdivision  sixteen-a  of  section 400.00 of this
  chapter, except such feeding devices transferred into the state  may  be
  registered  at any time, provided they are registered within thirty days
  of their transfer into  the  state.  Notwithstanding  paragraph  (h)  of
  subdivision  twenty-two  of  this  section,  such feeding devices may be
  transferred  provided  that  such  transfer  shall  be  subject  to  the
  provisions  of  section  400.03  of  this  chapter  including  the check
  required to be conducted pursuant to such section.
    24. "Seller  of  ammunition"  means  any  person,  firm,  partnership,
  corporation  or  company  who  engages  in  the  business of purchasing,
  selling or keeping ammunition.
    25. "Qualified retired New York or federal  law  enforcement  officer"
  means an individual who is a retired police officer as police officer is
  defined  in  subdivision  thirty-four  of  section  1.20 of the criminal
  procedure law, a retired peace officer as peace officer  is  defined  in
  section  2.10  of  the  criminal  procedure law or a retired federal law
  enforcement officer as federal law enforcement  officer  is  defined  in
  section  2.15  of  the  criminal  procedure law, who: (a) separated from
  service in good standing from a public agency located in New York  state
  in which such person served as either a police officer, peace officer or
  federal  law  enforcement  officer;  and (b) before such separation, was
  authorized by law to engage in or supervise the  prevention,  detection,
  investigation,  or  prosecution  of,  or the incarceration of any person
  for, any violation of law, and had statutory powers of arrest,  pursuant
  to  their official duties, under the criminal procedure law; and (c) (i)
  before such separation, served as either a police officer, peace officer
  or federal law enforcement officer for five years or  more  and  at  the
  time  of  separation, is such an officer; or (ii) separated from service
  with such agency, after completing any applicable probationary period of
  such service, due to a service-connected disability,  as  determined  by
  such agency at or before the time of separation; and (d)(i) has not been
  found  by a qualified medical professional employed by such agency to be
  unqualified for reasons relating to  mental  health;  or  (ii)  has  not
  entered  into an agreement with such agency from which the individual is
  separating from service in which that individual acknowledges he or  she
  is  not  qualified for reasons relating to mental health; and (e) is not
  otherwise prohibited by New York or  federal  law  from  possessing  any
  firearm.

S 265.01 Criminal possession of a weapon in the fourth degree.
  A  person  is  guilty of criminal possession of a weapon in the fourth
  degree when:
    (1) He or she possesses any firearm, electronic dart  gun,  electronic
  stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
  knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
  metal  knuckles,  chuka  stick,  sand  bag,  sandclub,  wrist-brace type
  slingshot or slungshot, shirken or "Kung Fu star"; or
    (2) He possesses any dagger, dangerous knife, dirk,  razor,  stiletto,
  imitation  pistol, or any other dangerous or deadly instrument or weapon
  with intent to use the same unlawfully against another; or
    (3); or
    (4)  He  possesses  a  rifle,  shotgun,  antique firearm, black powder
  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
  convicted of a felony or serious offense; or
    (5) He possesses any dangerous or deadly weapon and is not  a  citizen
  of the United States; or
    (6)  He  is  a person who has been certified not suitable to possess a
  rifle or shotgun, as defined in subdivision sixteen of  section  265.00,
  and refuses to yield possession of such rifle or shotgun upon the demand
  of  a  police  officer.  Whenever  a person is certified not suitable to
  possess a rifle or shotgun, a member of the police department  to  which
  such  certification  is  made,  or  of the state police, shall forthwith
  seize any rifle or shotgun possessed by such person. A rifle or  shotgun
  seized as herein provided shall not be destroyed, but shall be delivered
  to  the  headquarters  of  such  police department, or state police, and
  there retained until the aforesaid certificate has been rescinded by the
  director or physician in charge, or other disposition of such  rifle  or
  shotgun  has  been  ordered  or  authorized  by  a  court  of  competent
  jurisdiction.
    (7) He knowingly possesses a bullet containing an explosive  substance
  designed to detonate upon impact.
    (8)  He possesses any armor piercing ammunition with intent to use the
  same unlawfully against another.
  Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

§ 265.01-a Criminal possession of a weapon on school grounds.
    A  person  is  guilty  of  criminal  possession  of a weapon on school
  grounds when he or she knowingly has in his or her possession  a  rifle,
  shotgun,  or  firearm  in  or  upon  a  building  or  grounds,  used for
  educational purposes, of any school, college, or university, except  the
  forestry  lands,  wherever  located,  owned  and maintained by the State
  University of New York college of environmental science and forestry, or
  upon a school bus as defined in section one  hundred  forty-two  of  the
  vehicle  and  traffic  law,  without  the  written authorization of such
  educational institution.
    Criminal possession of a weapon on school grounds is a class E felony.

§ 265.01-b Criminal possession of a firearm.
    A person is guilty of criminal possession of a firearm when he or she:
  (1)  possesses any firearm or; (2) lawfully possesses a firearm prior to
  the effective date of the chapter of the laws of two  thousand  thirteen
  which  added  this  section  subject to the registration requirements of
  subdivision sixteen-a of section 400.00 of this  chapter  and  knowingly
  fails to register such firearm pursuant to such subdivision.
    Criminal possession of a firearm is a class E felony.

S 265.02 Criminal possession of a weapon in the third degree.
  A person is guilty of criminal possession of a weapon in the third degree when:
    (1) Such person commits the crime of criminal possession of  a  weapon
  in  the fourth degree as defined in subdivision one, two, three or five
  of section 265.01, and has been previously convicted of any crime; or
    (2) Such person possesses any explosive or incendiary bomb, bombshell,
  firearm silencer, machine-gun or any other firearm or weapon simulating
  a machine-gun and which is adaptable for such use; or
    (3) Such  person knowingly possesses a machine-gun, firearm, rifle or
  shotgun which has  been  defaced  for  the  purpose  of  concealment  or
  prevention of the detection of a crime or misrepresenting the identity
  of such machine-gun, firearm, rifle or shotgun; or
    (5) (i) Such person possesses three or more  firearms; or (ii) such
  person possesses a firearm and has been previously convicted of a felony
  or a class A misdemeanor defined in this chapter within the five years
  immediately preceding the commission of the offense and such  possession
  did not take place in the person's home or place of business; or
    (6) Such person knowingly possesses any disguised gun; or
    (7) Such person possesses an assault weapon; or
    (8) Such person possesses a large capacity ammunition feeding device.
  For purposes of this subdivision, a large  capacity  ammunition  feeding
  device shall not include an ammunition feeding device lawfully possessed
  by  such  person before the effective date of the chapter of the laws of
  two thousand  thirteen  which  amended  this  subdivision,  that  has  a
  capacity of, or that can be readily restored or converted to accept more
  than  seven  but  less  than  eleven  rounds  of ammunition, or that was
  manufactured before September thirteenth, nineteen hundred  ninety-four,
  that  has a capacity of, or that can be readily restored or converted to
  accept, more than ten rounds of ammunition; or
    (9) Such person possesses an unloaded firearm and also commits a  drug
  trafficking felony as defined in subdivision twenty-one of section 10.00
  of this chapter as part of the same criminal transaction; or
    (10)  Such  person  possesses an unloaded firearm and also commits any
  violent felony offense as defined in subdivision one of section 70.02 of
  this chapter as part of the same criminal transaction.
    Criminal possession of a weapon in the third degree is a class D felony.

S 265.03 Criminal possession of a weapon in the second degree.
  A person is guilty of criminal possession of a weapon in the second degree when:
    (1) with intent to use the same unlawfully against another, such person:
      (a) possesses a machine-gun; or
      (b) possesses a loaded firearm; or
      (c) possesses a disguised gun; or
    (2) such person possesses five or more firearms; or
    (3) such person possesses any loaded firearm. Such possession shall
  not, except as provided in subdivision one or seven of section 265.02 of
  this article,  constitute  a  violation  of  this  subdivision  if  such
  possession takes place in such person's home or place of business.
  Criminal possession of a weapon in the second degree is a class C felony.

S 265.04 Criminal possession of a dangerous weapon in the first degree.
  A  person  is  guilty  of criminal possession of a weapon in the first
degree when such person:
  (1) possesses any explosive substance with  intent  to  use  the  same
unlawfully against the person or property of another; or
  (2) possesses ten or more firearms.
  Criminal possession of a weapon in the first degree is a class B felony.

S 265.05 Unlawful possession of weapons by persons under sixteen.
  It shall be unlawful for any person under the age of sixteen to
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring or air, or any gun or any instrument or
weapon in or upon which any loaded or blank cartridges may be used, or
any loaded or blank cartridges or ammunition therefor, or any dangerous
knife; provided that the possession of rifle or shotgun or ammunition
therefor by the holder of a hunting license or permit issued pursuant to
article eleven of the environmental conservation law and used in
accordance with said law shall not be governed by this section.
  A person who violates the provisions of this section shall be
  adjudged a juvenile delinquent.

S 265.06 Unlawful possession of a weapon upon school grounds.
  It shall be unlawful for any person age sixteen or older to knowingly
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring, air, piston or CO2 cartridge in or
upon a building or grounds, used for educational purposes, of any
school, college or university, without the written authorization of such
educational institution.
  Unlawful possession of a weapon upon school grounds is a violation.

S 265.08 Criminal use of a firearm in the second degree.
  A person is guilty of criminal use of a firearm in the second degree
when he commits any class C violent felony offense as defined in
paragraph (b) of subdivision one of section 70.02 and he either:
  (1) possesses a deadly weapon, if the weapon is a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (2) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the second degree is a class C felony.

S 265.09 Criminal use of a firearm in the first degree.
  (1) A person is guilty of criminal use of a firearm in the first
degree when he commits any class B violent felony offense as defined in
paragraph (a) of subdivision one of section 70.02 and he either:
  (a) possesses a deadly weapon, if the weapon is a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (2) Sentencing. Notwithstanding any other provision of  law  to  the
  contrary, when a person is convicted of criminal use of a firearm in the
  first  degree  as  defined in subdivision one of this section, the court
  shall impose an additional consecutive sentence of  five  years  to  the
  sentence  imposed on the underlying class B violent felony offense where
  the person convicted of such crime displays a loaded weapon from which a
  shot, readily capable of producing death or other serious injury may  be
  discharged,  in  furtherance  of the commission of such crime, provided,
  however, that such additional sentence  shall  not  be  imposed  if  the
  court, having regard to the nature and circumstances of the crime and to
  the  history  and  character  of the defendant, finds on the record that
  such additional consecutive sentence would be unduly harsh and that  not
  imposing  such  sentence  would be consistent with the public safety and
  would not deprecate the seriousness of the  crime.  Notwithstanding  any
  other  provision  of law to the contrary, the aggregate of the five year
  consecutive term imposed pursuant to this subdivision  and  the  minimum
  term  of  the  indeterminate  sentence imposed on the underlying class B
  violent felony shall  constitute  the  new  aggregate  minimum  term  of
  imprisonment,  and  a  person  subject to such term shall be required to
  serve the entire aggregate minimum term and shall not  be  eligible  for
  release  on  parole  or  conditional  release  during  such  term.  This
  subdivision shall not apply where the defendant's criminal liability for
  displaying a loaded  weapon  from  which  a  shot,  readily  capable  of
  producing   death   or  other  serious  injury  may  be  discharged,  in
  furtherance of the commission of  crime  is  based  on  the  conduct  of
  another pursuant to section 20.00 of this chapter.

S 265.10 Manufacture, transport, disposition and defacement of weapons
               and dangerous instruments and appliances.
  1. Any person who manufactures or causes to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. Any person who manufactures
or causes to be manufactured any switchblade knife, gravity knife, pilum
ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, metal
knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is
guilty of a class A misdemeanor.
  2. Any person who transports or ships any machine-gun, firearm
silencer, assault weapon or large capacity ammunition feeding device or
disguised gun, or who transports or ships as merchandise five or more
firearms, is guilty of a class D felony. Any person who transports or
ships as merchandise any firearm, other than an assault weapon,
switchblade knife, gravity knife, pilum ballistic knife, billy,
blackjack, bludgeon, metal knuckles, Kung Fu star, chuka stick, sandbag
or slungshot is guilty of a class A misdemeanor.
  3. Any person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device or firearm silencer is guilty of a
class D felony. Any person who knowingly buys, receives, disposes of, or
conceals a machine-gun, firearm, large capacity ammunition feeding
device, rifle or shotgun which has been defaced for the purpose of
concealment or prevention of the detection of a crime or misrepresenting
the identity of such machine-gun, firearm, large capacity ammunition
feeding device, rifle or shotgun is guilty of a class D felony.
  4. Any person who disposes of any of the weapons, instruments or
appliances specified in subdivision one of section 265.01, except a
firearm, is guilty of a class A misdemeanor, and he is guilty of a class
D felony if he has previously been convicted of any crime.
  5. Any person who disposes of any of the weapons, instruments,
appliances or substances specified in section 265.05 to any other person
under the age of sixteen years is guilty of a class A misdemeanor.
  6. Any person who wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm is guilty of a class D felony.
  7. Any person, other than a wholesale dealer, or gunsmith or dealer in
firearms duly licensed pursuant to section 400.00, lawfully in
possession of a firearm, who disposes of the same without first
notifying in writing the licensing officer in the city of New York and
counties of Nassau and Suffolk and elsewhere in the state the executive
department, division of state police, Albany, is guilty of a class A
misdemeanor.

S 265.11 Criminal sale of a firearm in the third degree.
  A person is guilty of criminal sale of a firearm in the third degree
when such person is not authorized pursuant to law to possess a  firearm
and such person unlawfully either:
  (1) sells, exchanges, gives or disposes of a firearm or large capacity
ammunition feeding device to another person; or
  (2) possesses a firearm with the intent to sell it.
  Criminal sale of a firearm in the third degree is a class D felony.

S 265.12 Criminal sale of a firearm in the second degree.
  A  person is guilty of criminal sale of a firearm in the second degree
when such person:
  (1) unlawfully sells, exchanges, gives or disposes of to another  five
or more firearms; or
  (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
person or persons a total of five or more firearms in a  period  of  not
more than one year.
  Criminal sale of a firearm in the second degree is a class C felony.

S 265.13 Criminal sale of a firearm in the first degree.
  A  person  is guilty of criminal sale of a firearm in the first degree
when such person:
  (1) unlawfully sells, exchanges, gives or disposes of to  another  ten
or more firearms; or
  (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
person or persons a total of ten or more firearms in  a  period  of  not
more than one year.
  Criminal sale of a firearm in the first degree is a class B felony.

S 265.14 Criminal sale of a firearm with the aid of a minor.
  A person over the age of eighteen years of age is guilty of criminal
sale of a weapon with the aid of a minor when a person under sixteen
years of age knowingly and unlawfully sells, exchanges, gives or
disposes of a firearm in violation of this article, and such person over
the age of eighteen years of age, acting with the mental culpability
required for the commission thereof, solicits, requests, commands,
importunes or intentionally aids such person under sixteen years of age
to engage in such conduct.
  Criminal sale of a firearm with the aid of a minor is a class C felony.

S 265.15 Presumptions of possession, unlawful intent and defacement.
  1. The presence in any room, dwelling, structure or vehicle of any
machine-gun is presumptive evidence of its unlawful possession by all
persons occupying the place where such machine-gun is found.
  2. The presence in any stolen vehicle of any weapon, instrument,
appliance or substance specified in sections 265.01, 265.02, 265.03,
265.04 and 265.05 is presumptive evidence of its possession by all
persons occupying such vehicle at the time such weapon, instrument,
appliance or substance is found.
   3.  The presence in an automobile, other than a stolen one or a public
  omnibus, of any  firearm,  large  capacity  ammunition  feeding  device,
  defaced  firearm,  defaced  rifle  or  shotgun,  defaced  large capacity
  ammunition feeding device, firearm  silencer,  explosive  or  incendiary
  bomb,  bombshell,  gravity  knife,  switchblade  knife,  pilum ballistic
  knife, metal knuckle knife, dagger, dirk,  stiletto,  billy,  blackjack,
  plastic  knuckles,  metal  knuckles,  chuka  stick, sandbag, sandclub or
  slungshot is presumptive evidence  of  its  possession  by  all  persons
  occupying  such  automobile  at  the  time  such  weapon,  instrument or
  appliance is found, except under the  following  circumstances:  (a)  if
  such  weapon, instrument or appliance is found upon the person of one of
  the occupants therein; (b) if such weapon, instrument  or  appliance  is
  found  in  an  automobile  which  is  being  operated for hire by a duly
  licensed driver in the due, lawful and proper  pursuit  of  his  or  her
  trade,  then  such  presumption shall not apply to the driver; or (c) if
  the weapon so found is a pistol or revolver and one  of  the  occupants,
  not  present  under duress, has in his or her possession a valid license
  to have and carry concealed the same.
  4. The possession by any person of the substance as specified in
section 265.04 is presumptive evidence of possessing such substance with
intent to use the same unlawfully against the person or property of
another if such person is not licensed or otherwise authorized to
possess such substance. The possession by any person of any dagger,
dirk, stiletto, dangerous knife or any other weapon, instrument,
appliance or substance designed, made or adapted for use primarily as a
weapon, is presumptive evidence of intent to use the same unlawfully
against another.
  5. The possession by any person of a defaced machine-gun, firearm,
rifle or shotgun is presumptive evidence that such person defaced the
same.
  6. The possession of five or more firearms by any person is
presumptive evidence that such person possessed the firearms with the
intent to sell same.

S 265.16 Criminal sale of a firearm to a minor.
  A person is guilty of criminal sale of a firearm to a minor when he is
not authorized pursuant to law to possess a firearm and he unlawfully
sells, exchanges, gives or disposes of a firearm to another person who
is or reasonably appears to be less than nineteen years of age who is
not licensed pursuant to law to possess a firearm.
  Criminal sale of a firearm to a minor is a class C felony.

S 265.17 Criminal purchase or disposal of a weapon.
   A person is guilty of criminal purchase or disposal of a weapon when:
    1.  Knowing  that  he  or  she  is prohibited by law from possessing a
  firearm, rifle or shotgun because of a prior conviction  or  because  of
  some  other  disability  which  would  render  him  or her ineligible to
  lawfully possess a firearm, rifle or shotgun in this state, such  person
  purchases a firearm, rifle or shotgun from another person; or
    2.  Knowing  that it would be unlawful for another person to possess a
  firearm, rifle or shotgun, he or  she  purchases  a  firearm,  rifle  or
  shotgun for, on behalf of, or for the use of such other person; or
    3.  Knowing that another person is prohibited by law from possessing a
  firearm, rifle or shotgun because of a prior conviction  or  because  of
  some  other  disability  which  would  render  him  or her ineligible to
  lawfully possess a firearm, rifle or shotgun in  this  state,  a  person
  disposes of a firearm, rifle or shotgun to such other person.
   Criminal purchase or disposal of a weapon is a class D Felony.

§ 265.19 Aggravated criminal possession of a weapon.
    A  person is guilty of aggravated criminal possession of a weapon when
  he or she commits the crime of criminal possession of a  weapon  in  the
  second  degree as defined in subdivision three of section 265.03 of this
  article and also commits  any  violent  felony  offense  as  defined  in
  subdivision  one  of section 70.02 of this chapter or a drug trafficking
  felony as defined in subdivision twenty-one of  section  10.00  of  this
  chapter arising out of the same criminal transaction.
    Aggravated criminal possession of a weapon is a class C felony.

S 265.20 Exemptions.
   a.  Paragraph  (h)  of  subdivision  twenty-two  of section 265.00 and
  sections 265.01, 265.01-a, subdivision one of section 265.01-b,  265.02,
  265.03,  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
  265.37 and 270.05 shall not apply to:
    1. Possession of  any  of  the  weapons,  instruments,  appliances  or
  substances  specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
  and 270.05 by the following:
    (a) Persons in the military service of the state of New York when duly
  authorized by regulations issued by the adjutant general to possess  the
  same.
    (b)  Police  officers as defined in subdivision thirty-four of section
  1.20 of the criminal procedure law.
    (c) Peace  officers  as  defined  by  section  2.10  of  the  criminal
  procedure law.
    (d)  Persons in the military or other service of the United States, in
  pursuit of official  duty  or  when  duly  authorized  by  federal  law,
  regulation or order to possess the same.
    (e)   Persons  employed  in  fulfilling  defense  contracts  with  the
  government of the United States or agencies thereof when  possession  of
  the  same  is  necessary  for  manufacture,  transport, installation and
  testing under the requirements of such contract.
    (f)  A  person  voluntarily  surrendering  such  weapon,   instrument,
  appliance  or  substance,  provided that such surrender shall be made to
  the superintendent of the division of state police or a  member  thereof
  designated  by  such  superintendent, or to the sheriff of the county in
  which such person resides, or in the county of Nassau or in the towns of
  Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
  Suffolk  to  the  commissioner  of  police  or  a  member  of the police
  department thereof designated by such commissioner, or  if  such  person
  resides  in  a  city, town other than one named in this subparagraph, or
  village to the police commissioner  or  head  of  the  police  force  or
  department  thereof or to a member of the force or department designated
  by such commissioner or head; and provided, further, that the same shall
  be surrendered  by  such  person  in  accordance  with  such  terms  and
  conditions as may be established by such superintendent, sheriff, police
  force  or  department.  Nothing  in this paragraph shall be construed as
  granting immunity from prosecution for any crime or offense except  that
  of  unlawful  possession  of  such  weapons,  instruments, appliances or
  substances surrendered as herein provided. A person  who  possesses  any
  such  weapon,  instrument,  appliance  or  substance  as  an executor or
  administrator or any other  lawful  possessor  of  such  property  of  a
  decedent  may  continue  to  possess such property for a period not over
  fifteen days. If such property is not lawfully disposed of  within  such
  period  the  possessor  shall  deliver  it  to  an  appropriate official
  described in this paragraph or such property may  be  delivered  to  the
  superintendent  of  state  police.  Such officer shall hold it and shall
  thereafter  deliver  it  on  the  written  request  of  such   executor,
  administrator  or  other  lawful  possessor  of such property to a named
  person, provided such named  person  is  licensed  to  or  is  otherwise
  lawfully  permitted  to  possess  the same. If no request to deliver the
  property is received by such official within one year of the delivery of
  such property, such official shall dispose of it in accordance with  the
  provisions of section 400.05 of this chapter.
    2.  Possession  of  a  machine-gun,  large capacity ammunition feeding
  device, firearm,  switchblade  knife,  gravity  knife,  pilum  ballistic
  knife,  billy  or  blackjack  by a warden, superintendent, headkeeper or
  deputy of a state prison, penitentiary, workhouse, county jail or  other
  institution  for  the detention of persons convicted or accused of crime
  or detained as witnesses in criminal cases, in pursuit of official  duty
  or when duly authorized by regulation or order to possess the same.
    3.  Possession  of  a pistol or revolver by a person to whom a license
  therefor has been issued as provided under section 400.00 or  400.01  of
  this  chapter  or  possession of a weapon as defined in paragraph (e) or
  (f) of subdivision twenty-two of section 265.00 of this article which is
  registered pursuant to paragraph (a) of subdivision sixteen-a of section
  400.00 of this chapter or is  included  on  an  amended  license  issued
  pursuant to section 400.00 of this chapter. In the event such license is
  revoked,  other  than  because  such  licensee is no longer permitted to
  possess a  firearm,  rifle  or  shotgun  under  federal  or  state  law,
  information  sufficient  to  satisfy  the  requirements  of  subdivision
  sixteen-a of section 400.00 of this chapter, shall be transmitted by the
  licensing officer to the state police, in a form as  determined  by  the
  superintendent  of  state  police.  Such transmission shall constitute a
  valid registration under such section. Further provided, notwithstanding
  any other section of this title, a failure to register such weapon by an
  individual who possesses such weapon before the enactment of the chapter
  of the laws of two thousand thirteen which amended  this  paragraph  and
  may  so  lawfully possess it thereafter upon registration, shall only be
  subject to punishment pursuant to paragraph (c) of subdivision sixteen-a
  of section 400.00 of this chapter; provided,  that  such  a  license  or
  registration  shall not preclude a conviction for the offense defined in
  subdivision three of section 265.01 of this article or section  265.01-a
  of this article.
    4.  Possession  of  a rifle, shotgun or longbow for use while hunting,
  trapping or fishing, by a person, not a citizen of  the  United  States,
  carrying  a  valid  license  issued  pursuant  to section 11-0713 of the
  environmental conservation law.
    5. Possession of a rifle or shotgun by a person other  than  a  person
  who  has  been  convicted  of  a  class  A-I  felony or a violent felony
  offense, as defined in subdivision one of section 70.02 of this chapter,
  who has been convicted as  specified  in  subdivision  four  of  section
  265.01 to whom a certificate of good conduct has been issued pursuant to
  section seven hundred three-b of the correction law.
    6. Possession of a switchblade or gravity knife for use while hunting,
  trapping  or  fishing by a person carrying a valid license issued to him
  pursuant to section 11-0713 of the environmental conservation law.
    7. Possession, at an indoor or outdoor shooting range for the  purpose
  of  loading  and  firing, of a rifle or shotgun, the propelling force of
  which is gunpowder by a person under sixteen years of age but not  under
  twelve, under the immediate supervision, guidance and instruction of (a)
  a  duly commissioned officer of the United States army, navy, air force,
  marine corps or coast guard, or of the national guard of  the  state  of
  New York; or (b) a duly qualified adult citizen of the United States who
  has  been  granted a certificate as an instructor in small arms practice
  issued by the United States army, navy, air force or marine corps, or by
  the adjutant general of this state, or by the national rifle association
  of America, a not-for-profit corporation duly organized under  the  laws
  of  this  state;  or (c) a parent, guardian, or a person over the age of
  eighteen designated in writing by such parent or guardian who shall have
  a certificate of qualification in responsible hunting, including safety,
  ethics, and landowner relations-hunter relations, issued or  honored  by
  the  department  of  environmental  conservation; or (d) an agent of the
  department of environmental conservation appointed to conduct courses in
  responsible  hunting  practices  pursuant  to  article  eleven  of   the
  environmental conservation law.
    7-a.  Possession and use, at an indoor or outdoor pistol range located
  in or on premises owned or occupied by a duly incorporated  organization
  organized  for  conservation  purposes or to foster proficiency in small
  arms or at a target pistol shooting competition under the auspices of or
  approved  by  the  national rifle association for the purpose of loading
  and firing the same, by a person duly licensed to possess  a  pistol  or
  revolver  pursuant  to  section  400.00  or  400.01 of this chapter of a
  pistol or revolver duly so licensed to another person who is present  at
  the time.
    7-b.  Possession and use, at an indoor or outdoor pistol range located
  in or on premises owned or occupied by a duly incorporated  organization
  organized  for  conservation  purposes or to foster proficiency in small
  arms or at a target pistol shooting competition under the auspices of or
  approved by the national rifle association for the  purpose  of  loading
  and  firing  the  same,  by  a  person  who has applied for a license to
  possess a pistol or revolver and pre-license possession of same pursuant
  to section 400.00 or 400.01 of this chapter, who has not been previously
  denied a license, been previously  convicted  of  a  felony  or  serious
  offense, and who does not appear to be, or pose a threat to be, a danger
  to  himself  or  to others, and who has been approved for possession and
  use herein in accordance with section 400.00 or 400.01 of this  chapter;
  provided  however, that such possession shall be of a pistol or revolver
  duly licensed to and shall be used under the supervision,  guidance  and
  instruction   of,   a  person  specified  in  paragraph  seven  of  this
  subdivision and provided further that such possession and use be  within
  the  jurisdiction of the licensing officer with whom the person has made
  application therefor or within the jurisdiction of the superintendent of
  state police in the case of a retired sworn member of  the  division  of
  state  police  who has made an application pursuant to section 400.01 of
  this chapter.
    7-c. Possession for the purpose of loading and  firing,  of  a  rifle,
  pistol  or  shotgun,  the  propelling  force of which may be either air,
  compressed gas or springs, by a person under sixteen years  of  age  but
  not   under  twelve,  under  the  immediate  supervision,  guidance  and
  instruction of (a) a duly commissioned  officer  of  the  United  States
  army, navy, marine corps or coast guard, or of the national guard of the
  state  of  New York; or (b) a duly qualified adult citizen of the United
  States who has been granted a certificate as an instructor in small arms
  practice issued by the United States army, navy or marine corps,  or  by
  the adjutant general of this state, or by the national rifle association
  of  America,  a not-for-profit corporation duly organized under the laws
  of this state; or (c) a parent, guardian, or a person over  the  age  of
  eighteen designated in writing by such parent or guardian who shall have
  a certificate of qualification in responsible hunting, including safety,
  ethics,  and  landowner relations-hunter relations, issued or honored by
  the department of environmental conservation.
    7-d. Possession, at an  indoor  or  outdoor  shooting  range  for  the
  purpose  of  loading  and  firing,  of  a  rifle, pistol or shotgun, the
  propelling force of which may be either air, compressed gas or  springs,
  by  a person under twelve years of age, under the immediate supervision,
  guidance and instruction of (a)  a  duly  commissioned  officer  of  the
  United  States  army,  navy,  marine  corps  or  coast  guard, or of the
  national guard of the state of New York; or (b) a duly  qualified  adult
  citizen  of  the  United States who has been granted a certificate as an
  instructor in small arms practice issued by the United States army, navy
  or marine corps, or by the adjutant general of this  state,  or  by  the
  national rifle association of America, a not-for-profit corporation duly
  organized  under the laws of this state; or (c) a parent, guardian, or a
  person over the age of eighteen designated in writing by such parent  or
  guardian  who  shall  have a certificate of qualification in responsible
  hunting,  including  safety,  ethics,  and  landowner   relations-hunter
  relations,   issued  or  honored  by  the  department  of  environmental
  conservation.
    7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
  outdoor  pistol  range  located in or on premises owned or occupied by a
  duly incorporated organization organized for conservation purposes or to
  foster proficiency  in  small  arms  or  at  a  target  pistol  shooting
  competition  under  the  auspices  of  or  approved by an association or
  organization described in paragraph 7-a  of  this  subdivision  for  the
  purpose  of  loading  and  firing the same by a person at least fourteen
  years of age but under the age of twenty-one who has not been previously
  convicted of a felony or serious offense, and who does not appear to be,
  or pose a threat to be, a danger  to  himself  or  to  others;  provided
  however,  that  such  possession  shall  be of a pistol or revolver duly
  licensed to and shall be used under the immediate supervision,  guidance
  and  instruction  of,  a  person  specified  in  paragraph seven of this
  subdivision.
    7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
  device,  that  contains  more  than seven rounds of ammunition, but that
  does not have a capacity of or can readily be restored or  converted  to
  accept  more  than  ten  rounds  of  ammunition, at an indoor or outdoor
  firing range located in or on premises  owned  or  occupied  by  a  duly
  incorporated  organization  organized  for  conservation  purposes or to
  foster proficiency in arms; at an indoor or outdoor firing range for the
  purpose of firing a rifle or shotgun; at a collegiate, olympic or target
  shooting competition under the auspices of or approved by  the  national
  rifle   association;   or  at  an  organized  match  sanctioned  by  the
  International Handgun Metallic Silhouette Association.
    8.  The  manufacturer  of  machine-guns,  firearm  silencers,  assault
  weapons,  large  capacity  ammunition  feeding  devices, disguised guns,
  pilum ballistic  knives,  switchblade  or  gravity  knives,  billies  or
  blackjacks  as merchandise, or as a transferee recipient of the same for
  repair,  lawful  distribution  or  research  and  development,  and  the
  disposal  and  shipment  thereof  direct  to  a regularly constituted or
  appointed state or municipal police department,  sheriff,  policeman  or
  other  peace  officer,  or  to  a 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, or to the
  military service of this state or of  the  United  States;  or  for  the
  repair  and  return  of the same to the lawful possessor or for research
  and development.
    9. The regular and ordinary  transport  of  firearms  as  merchandise,
  provided  that  the person transporting such firearms, where he knows or
  has reasonable means of ascertaining what he is  transporting,  notifies
  in   writing   the  police  commissioner,  police  chief  or  other  law
  enforcement officer performing such functions at the place of  delivery,
  of  the name and address of the consignee and the place of delivery, and
  withholds delivery to the consignee for such reasonable period  of  time
  designated in writing by such police commissioner, police chief or other
  law  enforcement  officer  as  such  official  may  deem  necessary  for
  investigation as to whether  the  consignee  may  lawfully  receive  and
  possess such firearms.
    9-a.  a.  Except  as provided in subdivision b hereof, the regular and
  ordinary transport of pistols or revolvers by a manufacturer of firearms
  to whom a license as a dealer in firearms has been  issued  pursuant  to
  section  400.00  of  this  chapter,  or  by an agent or employee of such
  manufacturer of firearms who is  otherwise  duly  licensed  to  carry  a
  pistol  or  revolver  and  who  is  duly  authorized  in writing by such
  manufacturer of firearms to transport pistols or revolvers on  the  date
  or  dates  specified,  directly between places where the manufacturer of
  firearms regularly conducts business provided such pistols or  revolvers
  are  transported unloaded, in a locked opaque container. For purposes of
  this subdivision, places where the manufacturer  of  firearms  regularly
  conducts  business  includes,  but  is  not  limited to places where the
  manufacturer of firearms regularly or customarily  conducts  development
  or  design of pistols or revolvers, or regularly or customarily conducts
  tests on pistols or revolvers, or regularly or customarily  participates
  in the exposition of firearms to the public.
    b.  The  transportation  of  such pistols or revolvers into, out of or
  within the city of New York may be done only with  the  consent  of  the
  police commissioner of the city of New York. To obtain such consent, the
  manufacturer  must notify the police commissioner in writing of the name
  and address of the transporting manufacturer, or agent  or  employee  of
  the  manufacturer  who  is authorized in writing by such manufacturer to
  transport pistols or revolvers, the number, make and model number of the
  firearms  to  be  transported  and  the  place  where  the  manufacturer
  regularly  conducts  business within the city of New York and such other
  information as the commissioner may  deem  necessary.  The  manufacturer
  must  not  transport  such  pistols and revolvers between the designated
  places of business for such reasonable  period  of  time  designated  in
  writing  by  the police commissioner as such official may deem necessary
  for investigation and to give consent. The police commissioner  may  not
  unreasonably withhold his consent.
    10.  Engaging  in  the business of gunsmith or dealer in firearms by a
  person to whom a valid license therefor  has  been  issued  pursuant  to
  section 400.00.
    11.  Possession  of  a  firearm  or  large capacity ammunition feeding
  device by a police officer or sworn peace officer of another state while
  conducting official business within the state of New York.
    12. Possession of a pistol or revolver by a person who is a member  or
  coach  of  an  accredited college or university target pistol team while
  transporting the pistol or revolver into or through New  York  state  to
  participate   in   a  collegiate,  olympic  or  target  pistol  shooting
  competition under the auspices of or  approved  by  the  national  rifle
  association, provided such pistol or revolver is unloaded and carried in
  a  locked  carrying  case  and  the  ammunition therefor is carried in a
  separate locked container.
    12-a. Possession and use of a pistol or  revolver,  at  an  indoor  or
  outdoor  shooting  range,  by a registered student of a higher education
  institution chartered by the state of New York, who is participating  in
  a  course  in  gun  safety  and proficiency offered by such institution,
  under the immediate supervision, guidance, and instruction of  a  person
  specified in paragraph seven of this subdivision.
    13.  Possession  of  pistols  and  revolvers  by  a  person  who  is a
  nonresident of this state while attending or traveling to  or  from,  an
  organized  competitive pistol match or league competition under auspices
  of, or approved by, the National Rifle Association and in which he is  a
  competitor, within forty-eight hours of such event or by a person who is
  a  non-resident  of the state while attending or traveling to or from an
  organized  match  sanctioned  by  the  International  Handgun   Metallic
  Silhouette   Association  and  in  which  he  is  a  competitor,  within
  forty-eight  hours  of  such  event,  provided  that  he  has  not  been
  previously  convicted  of a felony or a crime which, if committed in New
  York, would constitute a felony, and further provided that  the  pistols
  or  revolvers  are  transported  unloaded  in  a locked opaque container
  together with a copy of the  match  program,  match  schedule  or  match
  registration  card.  Such  documentation  shall  constitute  prima facie
  evidence  of  exemption,  providing  that  such  person  also has in his
  possession a pistol license or  firearms  registration  card  issued  in
  accordance with the laws of his place of residence. For purposes of this
  subdivision,  a  person  licensed  in  a  jurisdiction  which  does  not
  authorize such license by a person who has been previously convicted  of
  a   felony   shall   be  presumed  to  have  no  prior  conviction.  The
  superintendent of  state  police  shall  annually  review  the  laws  of
  jurisdictions  within  the  United States and Canada with respect to the
  applicable requirements for licensing or registration  of  firearms  and
  shall publish a list of those jurisdictions which prohibit possession of
  a  firearm  by a person previously convicted of a felony or crimes which
  if committed in New York state would constitute a felony.
    13-a. Except in cities not wholly contained within a single county  of
  the  state,  possession  of  pistols  and revolvers by a person who is a
  nonresident of this state while attending or traveling to  or  from,  an
  organized convention or exhibition for the display of or education about
  firearms,  which  is  conducted  under  auspices of, or approved by, the
  National Rifle Association and in which he is a registered  participant,
  within  forty-eight  hours  of such event, provided that he has not been
  previously convicted of a felony or a crime which, if committed  in  New
  York,  would  constitute a felony, and further provided that the pistols
  or revolvers are transported  unloaded  in  a  locked  opaque  container
  together with a copy of the convention or exhibition program, convention
  or  exhibition  schedule  or convention or exhibition registration card.
  Such documentation shall constitute prima facie evidence  of  exemption,
  providing  that  such person also has in his possession a pistol license
  or firearms registration card issued in accordance with the laws of  his
  place of residence. For purposes of this paragraph, a person licensed in
  a jurisdiction which does not authorize such license by a person who has
  been previously convicted of a felony shall be presumed to have no prior
  conviction. The superintendent of state police shall annually review the
  laws  of  jurisdictions within the United States and Canada with respect
  to the applicable requirements for licensing or registration of firearms
  and  shall  publish  a  list  of  those  jurisdictions  which   prohibit
  possession  of a firearm by a person previously convicted of a felony or
  crimes which if committed in New York state would constitute a felony.
    14. Possession in accordance with the provisions of this paragraph  of
  a  self-defense  spray  device as defined herein for the protection of a
  person or property and use  of  such  self-defense  spray  device  under
  circumstances  which would justify the use of physical force pursuant to
  article thirty-five of this chapter.
    (a) As used in this section "self-defense spray device" shall  mean  a
  pocket  sized  spray  device  which  contains and releases a chemical or
  organic substance  which  is  intended  to  produce  temporary  physical
  discomfort  or disability through being vaporized or otherwise dispensed
  in the air or any like device containing tear  gas,  pepper  or  similar
  disabling agent.
    (b)  The  exemption  under  this paragraph shall not apply to a person
  who:
    (i) is less than eighteen years of age; or
    (ii) has been previously convicted in this state of a  felony  or  any
  assault; or
    (iii)  has  been  convicted  of  a crime outside the state of New York
  which if committed in New York would constitute a felony or any  assault
  crime.
    (c)  The department of health, with the cooperation of the division of
  criminal justice services and the superintendent of state police,  shall
  develop  standards  and  promulgate  regulations  regarding  the type of
  self-defense spray device which may lawfully be purchased, possessed and
  used  pursuant  to  this  paragraph.  The  regulations  shall  include a
  requirement that every self-defense spray device which may  be  lawfully
  purchased,  possessed  or  used  pursuant to this paragraph have a label
  which states: "WARNING: The use of this  substance  or  device  for  any
  purpose other than self-defense is a criminal offense under the law. The
  contents are dangerous - use with care. This device shall not be sold by
  anyone  other  than  a licensed or authorized dealer. Possession of this
  device by any person under the age of eighteen or by anyone who has been
  convicted of a felony or assault is illegal. Violators may be prosecuted
  under the law."
    15. Possession and sale of a self-defense spray device as  defined  in
  paragraph  fourteen of this subdivision by a dealer in firearms licensed
  pursuant to section  400.00  of  this  chapter,  a  pharmacist  licensed
  pursuant  to article one hundred thirty-seven of the education law or by
  such  other  vendor  as  may  be  authorized   and   approved   by   the
  superintendent of state police.
    (a)  Every self-defense spray device shall be accompanied by an insert
  or inserts which include directions  for  use,  first  aid  information,
  safety  and storage information and which shall also contain a toll free
  telephone number for the purpose of allowing any purchaser to  call  and
  receive  additional  information  regarding  the  availability  of local
  courses in self-defense training and safety in the use of a self-defense
  spray device.
    (b) Before delivering a self-defense spray device to any  person,  the
  licensed  or  authorized  dealer  shall require proof of age and a sworn
  statement on a form approved by the superintendent of state police  that
  such person has not been convicted of a felony or any crime involving an
  assault.  Such  forms shall be forwarded to the division of state police
  at such intervals as directed by the  superintendent  of  state  police.
  Absent  any such direction the forms shall be maintained on the premises
  of the vendor and shall be open at all reasonable hours  for  inspection
  by  any  peace  officer or police officer, acting pursuant to his or her
  special duties. No more than two self-defense spray devices may be  sold
  at any one time to a single purchaser.
    16.  The terms "rifle," "shotgun," "pistol," "revolver," and "firearm"
  as used in paragraphs three, four, five, seven, seven-a, seven-b,  nine,
  nine-a,  ten,  twelve, thirteen and thirteen-a of this subdivision shall
  not include a disguised gun or an assault weapon.
    b. Section 265.01 shall not apply to possession of that type of  billy
  commonly  known  as  a "police baton" which is twenty-four to twenty-six
  inches in length  and  no  more  than  one  and  one-quarter  inches  in
  thickness  by  members  of  an  auxiliary  police force of a city with a
  population in excess of one million persons or  the  county  of  Suffolk
  when  duly  authorized  by  regulation  or  order  issued  by the police
  commissioner of such city or such county respectively. Such  regulations
  shall  require training in the use of the police baton including but not
  limited to the defensive use of the baton and instruction in  the  legal
  use  of  deadly  physical  force pursuant to article thirty-five of this
  chapter. Notwithstanding the provisions of this  section  or  any  other
  provision  of law, possession of such baton shall not be authorized when
  used intentionally to strike another person except in  those  situations
  when  the  use  of  deadly  physical force is authorized by such article
  thirty-five.
    c. Sections 265.01, 265.10 and 265.15 shall not apply to possession of
  billies or blackjacks by persons:
    1.  while  employed  in  fulfilling contracts with New York state, its
  agencies or political  subdivisions  for  the  purchase  of  billies  or
  blackjacks; or
    2.  while  employed  in fulfilling contracts with sister states, their
  agencies or political  subdivisions  for  the  purchase  of  billies  or
  blackjacks; or
    3.  while  employed  in  fulfilling  contracts with foreign countries,
  their agencies or political subdivisions for the purchase of billies  or
  blackjacks as permitted under federal law.
    d.  Subdivision  one of section 265.01 and subdivision four of section
  265.15 of this article shall not apply to  possession  or  ownership  of
  automatic knives by any cutlery and knife museum established pursuant to
  section  two  hundred sixteen-c of the education law or by any director,
  officer, employee, or agent thereof when he or she is in  possession  of
  an  automatic  knife  and  acting in furtherance of the business of such
  museum.
    e. Subdivision eight of section 265.02 and sections 265.36 and  265.37
  of  this  chapter  shall  not  apply  to a qualified retired New York or
  federal law enforcement officer as defined in subdivision twenty-five of
  section  265.00  of  this  article,  with  respect  to  large   capacity
  ammunition  feeding  devices issued to such officer or purchased by such
  officer in the course of his or her official duties and  owned  by  such
  officer  at the time of his or her retirement or comparable replacements
  for such devices, if: (i) the agency that employed the officer qualified
  such officer in the use of the  weapon  which  accepts  such  device  in
  accordance  with  applicable  state or federal standards for active duty
  law enforcement officers within  twelve  months  prior  to  his  or  her
  retirement;  and  (ii)  such  retired  officer  meets, at his or her own
  expense, such applicable standards for such weapon at least once  within
  three  years  after  his  or her retirement date and at least once every
  three years thereafter,  provided,  however,  that  any  such  qualified
  officer  who  has  been  retired  for  eighteen  months  or  more on the
  effective date of this subdivision shall have eighteen months from  such
  effective  date  to  qualify in the use of the weapon which accepts such
  large capacity ammunition feeding device according to the provisions  of
  this  subdivision,  notwithstanding  that  such  officer did not qualify
  within three years after his or her retirement date, provided that  such
  officer  is  otherwise  qualified  and  maintains  compliance  with  the
  provisions of this subdivision.

S 265.25 Certain wounds to be reported.
  Every case of a bullet wound, gunshot wound, powder burn or any other
injury arising from or caused by the discharge of a gun or firearm, and
every case of a wound which is likely to or may result in death and is
actually or apparently inflicted by a knife, icepick or other sharp or
pointed instrument, shall be reported at once to the police authorities
of the city, town or village where the person reporting is located by:
(a) the physician attending or treating the case; or (b) the manager,
superintendent or other person in charge, whenever such case is treated
in a hospital, sanitarium or other institution. Failure to make such
report is a class A misdemeanor. This subdivision shall not apply to
such wounds, burns or injuries received by a member of the armed forces
of the United States or the state of New York while engaged in the
actual performance of duty.

S 265.26 Burn injury and wounds to be reported.
  Every case of a burn injury or wound, where the victim sustained
second or third degree burns to five percent or more of the body and/or
any burns to the upper respiratory tract or laryngeal edema due to the
inhalation of super-heated air, and every case of a burn injury or wound
which is likely to or may result in death, shall be reported at once to
the office of fire prevention and control. The state fire administrator
shall accept the report and notify the proper investigatory agency. A
written report shall also be provided to the office of fire prevention
and control within seventy-two hours. The report shall be made by (a)
the physician attending or treating the case; or (b) the manager,
superintendent or other person in charge, whenever such case is treated
in a hospital, sanitarium, institution or other medical facility.
  The intentional failure to make such report is a class A misdemeanor.

S 265.30 Certain convictions to be reported.
  Every conviction under this article or section 400.00, of a person who
is not a citizen of the United States, shall be certified to the proper
officer of the United States government by the district attorney of the
county in which such conviction was had.

S 265.35 Prohibited use of weapons.
  1. Any person hunting with a dangerous weapon in any county wholly
embraced within the territorial limits of a city is guilty of a class A
misdemeanor.
  2. Any person who willfully discharges a loaded firearm or any other
gun, the propelling force of which is gunpowder, at an aircraft while
such aircraft is in motion in the air or in motion or stationary upon
the ground, or at any railway or street railroad train as defined by the
public service law, or at a locomotive, car, bus or vehicle standing or
moving upon such railway, railroad or public highway, is guilty of a
class D felony if thereby the safety of any person is endangered, and in
every other case, of a class E felony.
  3. Any person who, otherwise than in self defense or in the discharge
of official duty, (a) willfully discharges any species of firearms,
air-gun or other weapon, or throws any other deadly missile, either in a
public place, or in any place where there is any person to be endangered
thereby, or, in Putnam county, within one-quarter mile of any occupied
school building other than under supervised instruction by properly
authorized instructors although no injury to any person ensues; (b)
intentionally, without malice, points or aims any firearm or any other
gun, the propelling force of which is gunpowder, at or toward any other
person; (c) discharges, without injury to any other person, firearms or
any other guns, the propelling force of which is gunpowder, while
intentionally without malice, aimed at or toward any person; or (d)
maims or injures any other person by the discharge of any firearm or any
other gun, the propelling force of which is gunpowder, pointed or aimed
intentionally, but without malice, at any such person, is guilty of a
class A misdemeanor.

§ 265.36 Unlawful  possession  of  a large capacity ammunition feeding
                device.
    It shall be unlawful  for  a  person  to  knowingly  possess  a  large
  capacity   ammunition   feeding  device  manufactured  before  September
  thirteenth, nineteen hundred ninety-four, and if  such  person  lawfully
  possessed  such  large capacity feeding device before the effective date
  of the chapter of the laws of two thousand  thirteen  which  added  this
  section,  that  has  a  capacity  of, or that can be readily restored or
  converted to accept, more than ten rounds of ammunition.
    An individual who has a reasonable belief that such device is of  such
  a  character  that  it  may  lawfully be possessed and who surrenders or
  lawfully disposes of such device within thirty days of being notified by
  law enforcement or county licensing officials that  such  possession  is
  unlawful  shall  not be guilty of this offense. It shall be a rebuttable
  presumption that such person knows that such large  capacity  ammunition
  feeding  device  may  not  be  lawfully  possessed if he or she has been
  contacted by law enforcement or county licensing officials and  informed
  that such device may not be lawfully possessed.
    Unlawful possession of a large capacity ammunition feeding device is a
    class A misdemeanor.

§ 265.37 Unlawful possession of certain ammunition feeding devices.
   It  shall  be unlawful for a person to knowingly possess an ammunition
  feeding device where such device contains  more  than  seven  rounds  of
  ammunition.
    If  such  device  containing  more  than seven rounds of ammunition is
  possessed within the home of the possessor, the person so possessing the
  device shall, for a first offense, be guilty of a violation and  subject
  to  a  fine  of two hundred dollars, and for each subsequent offense, be
  guilty of a class B misdemeanor and subject to a  fine  of  two  hundred
  dollars and a term of up to three months imprisonment.
    If  such  device  containing  more  than seven rounds of ammunition is
  possessed in any location other than the  home  of  the  possessor,  the
  person so possessing the device shall, for a first offense, be guilty of
  a class B misdemeanor and subject to a fine of two hundred dollars and a
  term  of up to six months imprisonment, and for each subsequent offense,
  be guilty of a class A misdemeanor.

S 265.40 Purchase of rifles and/or shotguns in contiguous states.
  Definitions. As used in this act:
    1.  "Contiguous  state" shall mean any state having any portion of its
  border in common with a portion of the border of the state of New York;
    2. All other terms herein shall be given  the  meaning  prescribed  in
  Public  Law  90-618  known  as  the "Gun Control Act of l968" (18 U.S.C.
  921).
    It shall be lawful for a person or persons residing in this state,  to
  purchase  or  otherwise  obtain  a  rifle and/or shotgun in a contiguous
  state, and to receive or transport such rifle and/or shotgun  into  this
  state; provided, however, such person is otherwise eligible to possess a
  rifle and/or shotgun under the laws of this state.

§ 265.45 Safe storage of rifles, shotguns, and firearms.
  No  person who owns or is custodian of a rifle, shotgun or firearm who
  resides with an individual who such person knows or has reason  to  know
  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
  (1), (4), (8) or (9) shall store or otherwise leave such rifle,  shotgun
  or  firearm  out  of  his or her immediate possession or control without
  having first securely locked  such  rifle,  shotgun  or  firearm  in  an
  appropriate  safe  storage  depository or rendered it incapable of being
  fired by use of a gun locking device appropriate  to  that  weapon.  For
  purposes  of this section "safe storage depository" shall mean a safe or
  other secure container which, when locked, is incapable of being  opened
  without the key, combination or other unlocking mechanism and is capable
  of  preventing  an  unauthorized  person  from  obtaining  access to and
  possession of the weapon contained therein. With respect to a person who
  is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
  for  purposes  of this section, this section applies only if such person
  has been convicted of a crime included in  subdivision  one  of  section
  370.15  of  the  criminal procedure law and such gun is possessed within
  five years from the later of the date of  conviction  or  completion  of
  sentence.  Nothing  in this section shall be deemed to affect, impair or
  supersede any special or local act  relating  to  the  safe  storage  of
  rifles, shotguns or firearms which impose additional requirements on the
  owner or custodian of such weapons.
    A violation of this section shall constitute a class A misdemeanor.

 

Tap, Rack and Bang!

The last thing you want to happen when you are firing your pistol is that sickening click or short recoil and see the round stove piped in the top oftap, rack and bang your automatic.  What is worse that this happening is not knowing what to do – Tap, rack and bang.

With most everything involving gunfights, you should know and practice quick reaction drills – if this happens, do this, if that happens, do that.  These are the sort of drills you don’t want to think too hard about, just learn them and do it. The tap, rack bang drill is the same sort of drill that solves most of the issues that might cause your semi auto pistol not to function.

Tap

Take your finger off the trigger, turn the slightly with the barrel up. Slap the bottom of the magazine with your non firing palm, making sure it’s seated and that the magazine is feeding.

Rack

With the non firing hand grasp the back of the slide. Pull the slide all the way back forcefully and release it without riding it forward.

Bang

Get back on target and be prepared to engage the threat.

This drill works for almost all semi auto malfunctions or failures to fire.

Check out this excellent video by the legendary Clint Smith and his thoughts on ketchup and mustard and salt and pepper ( you got to watch the video to understand.)

Let us know in the comments about your experiences with Tap, Rack and Bang.

New Study Demolishes Almost Every Gun Control Myth

A study published in the latest issue of the academic journal Applied Economics Letters took on many of the claims made regularly by advocates of stricter gun laws. The study determined that nearly every claim made in support of stronger restrictions on gun ownership is not supported by an exhaustive analysis of crime statistics.

The study, “An examination of the effects of concealed weapons laws and assault weapons bans on state-level murder rates,” conducted by Quinnipiac University economist Mark Gius, examined nearly 30 years of statistics and concluded that stricter gun laws do not result in a reduction in gun violence. In fact, Gius found the opposite – that a proliferation of concealed carry permits can actually reduce incidents of gun crime.

Using data for the period 1980 to 2009 and controlling for state and year fixed effects, the results of the present study suggest that states with restrictions on the carrying of concealed weapons had higher gun-related murder rates than other states,” the study’s abstract reads. “It was also found that assault weapons bans did not significantly affect murder rates at the state level.”

“These results suggest that restrictive concealed weapons laws may cause an increase in gun-related murders at the state level,” the abstract concludes.

Gius notes that his findings are consistent with those of John R. Lott and David B. Mustard, two researchers who authored a controversial 1997 study which found that right-to-carry concealed gun provisions both “deters violent crimes and it appears to produce no increase in accidental deaths.”