BILL NUMBER: S4492
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to prohibiting the provision
of licenses for firearms to persons on the federal no-fly list or
terrorist screening database; to amend the criminal procedure law, in
relation to revoking or suspending firearms licenses of persons on the
federal no-fly list or terrorist screening database; and to amend the
executive law, in relation to requiring the superintendent of state
police to search the federal no-fly list or terrorist screening database
and report findings to appropriate enforcement agencies
 
PURPOSE:
To prohibit suspected terrorists on the federal no-fly list from obtain-
ing a firearm license or possessing firearms in the state of New York
and to revoke the firearm license of any suspected terrorist that
currently has a firearm license.
 
SUMMARY OF PROVISIONS:
Section 1: Cites this Act as the "Deny Firearms to Dangerous Terrorists
Act."
Section 2: Amends section 400.00 of the penal law related to licenses to
carry, possess, repair, and dispose of firearms to prohibit any firearm
license from being issued in the state of New York to a person who is
listed on the FBI's no-fly list or the FBI's terrorist screening data-
base.
Section 3: Amends section 530.14 of the criminal procedure law to grant
the Division of State Police the authority to revoke the license of a
firearm license holder if such person is listed on the FBI's no-fly list
or the FBI's terrorist screening database. Such license holders shall be
notified in writing by State Police within 30 days of the person's
license being revoked.
Sections 4 and 5: Amends section 223 of the executive law related to
duties and powers of the state police superintendent to require the
state police to search the FBI's no-fly list or terrorist screening
database at least once a year. If the state police find that a person on
either terrorist list has received a firearm license, the superintendent
of state police must promptly notify all appropriate law enforcement
agencies and will direct the state police to remove any and all firearms
from the suspected terrorist.
Section 6: Grants the superintendent of state police and commissioner of
criminal justice services the authority to promulgate any regulations
necessary for the provisions of this Act to take effect.
Section 7: Provides that the Act will take effect immediately, provided
that the superintendent of state police receives the necessary approval
from the FBI or relevant federal agencies that operate these databases.
 
JUSTIFICATION:
With federal legislation stalled in Congress that would prohibit
suspected terrorists from receiving firearm licenses, the state of New
York must act to ensure that it is doing everything possible to prevent
terrorists from obtaining and carrying guns. There is no logical reason
why suspected terrorists should be allowed to possess a firearm license
and firearm in New York.
As provided for in this proposed legislation and under the criminal
procedure law, any firearm license holder who has his or her license or
firearm revoked for being on the terrorist watch list would receive
notice of the revocation in writing. In addition, current law provides
for due process hearing requirements in court related to the revocation
of the firearm license.
 
LEGISLATIVE HISTORY:
Senate
2019: No Senate Same-As
2020: No Senate Same-As
2021: N/A
2022: S9262, Referred to Codes
2023: S3398, Referred to Codes
2024: S3398, Referred to Codes
Assembly
2019: N/A
2020: A10684, Referred to Codes
2021: N/A
2022: A5145, Referred to Codes
2023: A4511, Referred to Codes
2024: A4511, Referred to Codes
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the superintendent
of state police receives approval from the relevant federal agencies.

Statutes affected:
S4492: 400.00 penal law, 400.00(1) penal law, 530.14 criminal procedure law, 223 executive law