§ 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.
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.
(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.
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.
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.
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. 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.
Nothing in this
subdivision
shall be construed to change the expiration date or term of
such licenses if otherwise provided for in
law.
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.
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.
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.
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.
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 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.
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.
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.