THE FULL LEGAL SECTIONS
S 400.05 Disposition of weapons and dangerous instruments, appliances and substances
. 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.
S 400.00 Licenses to carry, possess, repair and dispose of firearms.
10-(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, e-mail 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.
NY State Police Field Guide, (Page 12,)
: V. PISTOL PERMITS
1. Recertification Process The Safe Act has amended section 400.00 of the Penal Law to require that all pistol permits be renewed, or recertified, every 5 years beginning in January of 2014. Every existing permit holder will be required to recertify using a quick, free process that will begin in early 2014 on a staggered basis. Failure to recertify acts as a revocation of the license by operation of law. During the renewal process, the database will be checked to ensure that the licensee is still qualified to possess the weapon. Detailed recertification procedures are currently being developed and will be explained to all permit holders in 2014.
2. Pistol Permit records to be confidential / “Opt Out” Forms All state records relating to the Safe Act , including pistol permit renewal records , are specifically exempt from disclosure by statute. In addition, county permit records will not be subject to disclosure if the permit holder files an “Opt Out” form with the county. This form is available at http://www.nysafeact.com or http://www.troopers.ny.gov/optoutfoil
3. Becoming ineligible at later time results in revocation If a licensee at any time becomes ineligible to hold a license, the license is considered to be revoked under an amendment to PL 400.00 (11). In such case, the person is required to surrender his or her license to the appropriate licensing official and any and all firearms, rifles or shotguns owned or possessed by the person must be surrendered to a law enforcement agency.
EFFECT ON POLICE
Removal of weapons not surrendered
If the license and weapons are not surrendered, they will be removed by a police officer and declared a nuisance. At that point, the person would lose the ability to lawfully transfer the weapon.
|If a person becomes ineligible to hold a pistol permit, the Safe Act requires the person to surrender all firearms to police, including all rifles and shotguns for which no license or registration is required.
Do you remember the Ammo Background Check that was part of the unSAFE Act? It never happened because what the law called for and what is possible are two different things. The people who wrote that section of the law had no idea how the NICS Check worked or the millions of rounds that are sold in NY every year. (The anti-gunners think we all go out and buy one box of 50 .22s or a box of 20 9MMs and that last us for a few years.) Like the old CoBIS program, even Cuomo finally had to give up and halt the attempt to implement the program. The same people who wrote that part of the law wrote this part of the law and it is going to work just as well.
Even if everything works and on 2/1/2018 all of the mailed in forms and been entered into the data base and combined with the people who recertified on-line now what? They don't know. The idea is that they compare everyone who has recertified against everyone who has an active license from all of the counties that this applies to, (NYC, Long Island and Westchester have their own systems,) and they spit out a list of active license holders who have not recertified who now have their license revoked. What are they going to do with the list? They have to send the list to the local counties to notify them something like "Blah- blah- blah ... the following people have failed to recertify and their license has been revoked." Now what is the County Clerk suppose to do with this list that will have thousands if not tens of thousands of names on it? This is where it gets really ugly.
OPTION 1: The County Clerk should turn over the list to the Sheriff's Department and or the local Police where each person lives and the Sheriff's Department and or Police should go to the now felon's house and collect all of their handguns and long guns, declare them a "nuisance" and destroy them. The chance that the Sheriff's Department/Police Department and even the State Police really want to do that or will do that is close to ZERO.
OPTION 2: The County Clerk will turn over the list to the Sheriff's Department and or the local Police where each person lives and the Sheriff's Department and or Police research and make several list.
- A list has everyone who died and then someone has to track down what happened to all of the guns on the dead person's license.
- A list that has everyone who moved out of state and never changed their address on their license. They are sent a letter that their license is revoked. (A small number of people are allowed to have a handgun license under the Osterweil v. Bartlet decision. These people will have to notify the county where they have their license and then follow what the people in List #3 do.)
- A list of everyone who still lives in NY and did not recertify. They should be sent a letter informing them that their license is revoked and they have to turn in all of their handguns or show they have disposed of them and they have to reapply for a handgun license and if they don't do that with in X numbers of days the police will come to their house and take all of their handguns and long guns. (I hope the people are not on vacation or in the hospital.)
OPTION 3: Do nothing. The local counties could get the list and just do nothing. As people filed amendments to change their handgun license for various reasons like a change of address or to add or remove a handgun, the person would be informed that their license had been revoked and they had to turn in all of their handguns and reapply for a handgun license.. As the police came across people who had not recertified they could arrest them and take all of their guns away to be destroyed.
OPTION 4: Who knows? The State Police, the County Clerks and other local officials could go to Albany and demand this be done some other way but I would not hold my breath. It is not like the NYC anti-gunners are going to go along with anything, after all, they really want all of our guns taken away and to have all of us all locked up.