§ 3-05 Reporting of Incidents.
RCNY § 3-05
(a)Whenever a permittee is involved in an "Incident," the permittee shall immediately report said incident to the License Division's Incident Section – by emailing [email protected]. For purposes of this subdivision, an incident includes: (1) arrest, indictment or conviction in any jurisdiction; (2) summons (except traffic infraction); (3) suspension or ineligibility order issued pursuant to § 530.14 of the New York State Criminal Procedure Law or § 842-a of the New York State Family Court Act; (4) the fact that the permittee is or becomes the subject or recipient of an order of protection, a temporary order of protection, or an extreme risk protection order; (5) admission to any psychiatric institution, sanitarium and/or the receipt of psychiatric treatment; (6) receipt of treatment for alcoholism or drug abuse; (7) the presence or occurrence of a disability or condition that may affect the handling of a rifle/shotgun, including but not limited to epilepsy, diabetes, fainting spells, blackouts, temporary loss of memory, or nervous disorder; (8) unlawful discharge of a rifle/shotgun; (9) the permittee was involved in an incident of alleged or possible domestic violence or abuse involving a law enforcement response, or is otherwise notified that an incident has resulted in a "Domestic Incident Report" generated by the New York City Police Department or similar documentation generated by another police department or law enforcement agency; or (10) the permittee is directly involved in a situation concerning a potential violation of law or a threat to public safety which comes to the attention of any police department or other law enforcement agency, and the licensee knows or reasonably should know that such situation has come to the attention of such department or agency.
(b)The permittee's rifle/shotgun permit may be suspended for a defined period or revoked upon evidence of any disqualification pursuant to subdivision a of § 10-303 of the Administrative Code and 38 RCNY §§ 3-02 and 3-03. A rifle/shotgun permit shall be revoked upon the conviction in this state or elsewhere of a felony or a serious offense, as defined in subdivision seventeen of § 265.00 of the Penal Law. Evidence of disqualification may be demonstrated by an investigation, by a permittee's failure to cooperate with such an investigation, or by other evidence.
(c)If their permit is suspended or revoked, the permittee shall be required to deposit any rifles or shotguns as well as any handgun license and any handguns in their possession with their local police precinct and forward a copy of the voucher together with their permit to the License Division, Incidents Section, One Police Plaza, Room 110A, New York, New York 10038. A permittee's failure to comply within ten (10) calendar days from the date of suspension or revocation may result in the arrest of the permittee.
(d)If their permit is suspended or revoked, the suspended/former permittee has an opportunity to challenge, in writing, the suspension or revocation of the permit and vouchering of the rifle or shotgun by making a written submission to the License Division by electronic mail at [email protected] or to the Director, License Division, One Police Plaza, Room 110A, New York 10038.
(1)Such submission shall be made within thirty (30) calendar days after receiving the "Notice of Determination (interim determination to suspend during investigation)" and must include the permit number, the reason for the challenge, and any documentation supporting such challenge. Such submission shall also confirm that the licensee has complied with subdivision (c) of this section.
(2)A determination shall be made whether measures short of continued vouchering would satisfy the interests of the city and shall be rendered within ten (10) business days after receipt of the submission pursuant to paragraph (1).
(e)After an investigation, the permittee shall be issued a Notice of Determination Letter by the License Division, which shall state in brief the grounds for the suspension or revocation and notify the permittee of the opportunity for a hearing, pursuant to 38 RCNY § 15-22, which shall be in addition to the opportunity to be heard described in subdivision (d).
(3)A permittee whose arrest or summons resulted in suspension or revocation of their permit may only submit a written request for a hearing within ninety (90) calendar days after the termination of the criminal action, as defined in New York State Criminal Procedure Law § 1.20(16)(c). If the suspension or revocation resulted from the permittee becoming the subject of an order of protection or a temporary order of protection, the permittee may only submit a written request for a hearing within ninety (90) calendar days after the expiration or voiding of the order of protection or temporary order of protection. If the suspension or revocation was related to both a criminal action and an order of protection or temporary order of protection, then the later of the two waiting periods shall apply.
(4)Upon receipt of the permittee's letter requesting a hearing on the Notice of Determination, the License Division shall schedule the permittee for a hearing and notify the permittee by postal mail or by electronic mail (email). Such hearing shall be in accordance with the procedures set forth in subchapter C of 38 RCNY Chapter 15. However, requests for such hearings shall not be entertained, and a hearing shall not be scheduled, unless the permittee complies with the provisions of subdivision (c), and forwards a Certificate of Final Disposition or Certificate of Relief from Disabilities, if applicable, to the License Division. (Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
