[L.L. No. 2-2009, 5-21-2009]
This chapter shall be known as the "Gun Offender Registration
Act."
[L.L. No. 2-2009, 5-21-2009]
For purposes of this chapter:
Have the meaning given in subdivision 24 of section two of
the New York Education Law.
The commissioner of public safety of the city, or his or
her designee.
The police department of the city.
Any person who is convicted, after the effective date of
this act, of a gun offense as defined in this section in a court in
the state.
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Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall be
counted for the purpose of this chapter as one conviction. The entry
of a plea of guilty where the gun offender does not accept responsibility,
a plea of nolo contendere, or a verdict of guilty, shall constitute
a conviction for purposes of this chapter; provided, however, that
any conviction set aside pursuant to law, including any conviction
for a gun offense that has been reserved upon appeal, is not a conviction
for purposes of this chapter. The term "gun offender" shall not include
any person who has been pardoned for all gun offenses by the governor.
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A conviction of criminal possession of a weapon in the third
degree in violation of subdivision 4, 5, 6, 7, and 8 of section 265.02
of the New York Penal Law or criminal possession of a weapon in the
second degree in violation of subdivision 3 of section 265.03 of the
New York Penal Law.
Have the meaning given in subdivision eight of section two
of the New York Education Law.
Have the meaning given in paragraph (a) of subdivision 16
of section two of the New York Correction Law.
Have the meaning given in subdivision seven of section two
of the New York Education Law.
A correctional facility as defined in paragraph (a) of subdivision
four of section two of the New York Correctional Law.
[L.L. No. 2-2009, 5-21-2009]
(a)Â
A gun offender shall register with the department at the time sentence
is imposed on a form prescribed by the department.
(b)Â
Registration as required by this chapter shall consist of a statement in writing signed by by the gun offender giving such information as may be required under subsection (c).
(c)Â
A gun offender shall, to the extent required by the department, provide
the following information to the department:
(1)Â
The gun offender's name, all aliases used, date of birth,
sex, race, height, weight, eye color, number of any driver's
license or non-driver photo ID card, home address and/or expected
place of residence.
(2)Â
A photograph, updated during the period of registration as described
in subsection (d).
(3)Â
A description of the offense for which the gun offender was
convicted, the date of conviction and the sentence imposed.
(4)Â
The name and address of any institution of career education,
higher education or secondary education at which the gun offender
is or expects to be enrolled or attending, and whether such offender
resides in or will reside in a facility owned by such institution.
(5)Â
The gun offender's expected place of employment, including
name and phone number of supervisor and mailing address of employer.
(6)Â
Any other information deemed pertinent by the department.
(d)Â
First personal appearance. A gun offender who is required to register shall personally appear at such office as the commissioner may direct within 48 hours of (i) release, in the event the gun offender receives a sentence of imprisonment, or (ii) the time sentence is imposed, if such sentence does not include imprisonment, for the purpose of personally verifying such information as may be required under subsection (c) with the department. The department may at such time photograph the gun offender. The commissioner may require the gun offender to provide such documentation as the commissioner deems acceptable to verify this information.
(e)Â
For a gun offender who is required to register under this chapter
and who is a resident of the city every six months after the gun offender's
initial registration date during the period in which he or she is
required to register under this chapter the following applies:
(1)Â
Except as specified in subsection (2), within 20 days of each six-month anniversary of the gun offender's initial registration date, the gun offender shall personally appear at such office as the commissioner may direct for the purpose of verifying such information as may be required under subsection (c) with the department. The department may at such time photograph the gun offender. The commissioner may require the gun offender to provide such documentation as the commissioner deems acceptable to verify such information.
(2)Â
If a gun offender required to register under this chapter who is a resident of the city is confined to any state or local correctional facility, hospital or institution throughout the twenty-day period described in subsection (1), such gun offender shall personally appear as required by subsection (1) within 48 hours of release. The department may at such time photograph the gun offender.
(f)Â
The department is authorized to maintain in the registry database, information other than that specified in subsection (c).
(g)Â
Any gun offender shall, within 10 calendar days after establishing
residence in the city or changing residences within the city, personally
appear at such office as the commissioner may direct and there provide
verification information as required by this chapter. The commissioner
may require the gun offender to provide such documentation as the
commissioner deems acceptable to verify the change in residence.
[L.L. No. 2-2009, 5-21-2009]
A gun offender shall register and verify for a period of four
years from the date of conviction of a gun offense, if the conviction
does not include imprisonment, or for a period of four years from
the date of release after the conviction of the gun offense, in the
event the gun offender receives a sentence of imprisonment.
[L.L. No. 2-2009, 5-21-2009]
The department is authorized to make the registry available
to any regional or national government-operated registry of gun offenders
for the purpose of sharing information. The department may accept
files from any regional or national registry of gun offenders. The
department is also authorized to make the registry available to other
city and governmental agencies.
[L.L. No. 2-2009, 5-21-2009]
The department is authorized to cooperate with state and city
agencies and the judiciary to facilitate implementation of this chapter.
Assistance and cooperation in the implementation of this chapter shall
be provided by other city departments and agencies upon request by
the commissioner.
[L.L. No. 2-2009, 5-21-2009]
The commissioner may make and promulgate such rules and regulations
and establish such forms as are necessary to carry out the provisions
of this chapter.
[L.L. No. 2-2009, 5-21-2009]
Any violation by a gun offender of this chapter or rules and
regulations established pursuant to this chapter, including any failure
to register or to verify pursuant to and in the manner and within
the time periods provided for in this chapter, shall be a misdemeanor
punishable by a fine of not more than $1,000 or imprisonment of not
more than one year or both. Failure to receive any form shall not
excuse any violation of this chapter.
[L.L. No. 2-2009, 5-21-2009]
If any section, sentence, clause, phrase or other portion of
this local law is, for any reason, declared unconstitutional or invalid,
in whole or in part, by any court of competent jurisdiction, such
portion shall be deemed severable, and such unconstitutionality or
invalidity shall not affect the validity of the remaining portions
of this law, which remaining portions shall continue in full force
and effect.
[L.L. No. 2-2009, 5-21-2009]
This local law shall take effect 240 days after it shall have
been enacted into law, provided that the commissioner may take any
actions necessary prior to such effective date for the implementation
of this local law including, but not limited to promulgating rules
and regulations.
