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NY SAFE ACT Disclosure Exemptions Could Mean Every Gun License Holder Is Exempt
Posted on Wednesday, January 16 @ 10:34:35 EST by jfbailey
WPCNR For the Record. By John F. Bailey with the Text of the new NY Safe Act. January 16, 2013:
Examination of the text of the NY SAFE Act signed into law by Governor Andrew Cuomo yesterday seems to indicate that the identities of most gun permit holders will in the future be much harder to get, eliminating the controversy of exposing gun permit holders through the media.
The context of making public names and addresses of gun permit holders has been changed substantially by the new act.
Specific types of persons are described as being eligible for exemption from disclosure (to public and media), but the text of the law appears to allow gun license owners to apply for exemption from disclosure if they even consider they may be endangered or be subject to harassment by such disclosure.
Individuals not fitting the specific categories of person who may request exemption request will be decided by the clerk or agency locally recording the permit. The law appears to make the decision to withhold disclosure purely subjective on the part of the county, jurisdiction or municipality keeping the gun permit record. The decision to not withhold appears to be based solely on whether the official deciding to exempt feels the request is "null and void," whatever that means. The new act in terms of disclosure appears to eliminate the accessessbility to the public and the press of what could mean every gun permit holder.
WPCNR is seeking comment from authorities on whether this is a possibility.
The text of the section of the law dealing with disclosure as passed and signed, regarding the new grounds for individuals who may claim such exemption from disclosure of their name and address follows:
(I) THE APPLICANT'S LIFE OR SAFETY MAY BE ENDANGERED BY DISCLOSURE
(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
(C) THE APPLICANT IS OR WAS A WITNESS IN A CRIMINAL PROCEEDING INVOLV
ING 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;
(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
(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
(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
(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 SUBDI
VISION, THE INFORMATION CONCERNING SUCH RECERTIFICATION APPLICATION
S. 2230 30 A. 2388
SHALL NOT BE PUBLIC RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL
(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 INFORMA
TION OF THOSE WHO HAD APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE
PREPARATION OF THE FORM FOR REQUESTING AN EXCEPTION, PURSUANT TO PARA
GRAPH (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.
To Read the comple SAFE Act, go to http://open.nysenate.gov/legislation/bill/S2230-2013