§ 5-30 Reporting of Incidents.
RCNY § 5-30
(a)Whenever a handgun licensee is involved in an "Incident," the licensee shall immediately report said incident to the License Division's Incident Section – by emailing [email protected]. Certain "Incidents" shall also be reported to the "Precinct of Occurrence" (where the incident took place).
(b)The following "Incidents" shall be immediately reported to the "Precinct of Occurrence" and the License Division Incident Section: (1) Lost handgun(s).
(2)Stolen handgun(s).
(3)Discharge of handgun – other than at an authorize small arms range/shooting club.
(4)Lost handgun license (see lost/stolen license).
(5)Stolen handgun license (see lost/stolen license).
(6)Improper use/safeguarding of handgun(s).
(7)Public display of an unholstered handgun.
(c)The following "incidents" shall be immediately reported to the License Division's Incident Section: (1) Arrest, summons (except traffic infractions), indictment, or conviction of licensee, in any jurisdiction, federal, state, local, etc.; 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.
(8)Licensee intends to dispose of handgun. Note: The above "Incidents" shall be reported if they were not previously disclosed by licensee to the License Division, or if previously disclosed, circumstances have changed.
(d)In addition to the aforementioned "Incidents," whenever the licensee 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, the licensee shall immediately notify the License Division's Incident Section of the details.
(e)All "Incidents" shall be reviewed and evaluated by License Division investigators. If, as a result of the "Incident" the License Division finds it necessary to suspend or revoke the license, the licensee shall receive notification by mail. Said notification shall advise the licensee of the status of their license and the reason for the suspension / revocation.
(f)Upon receipt of a suspension or revocation order, the licensee shall be directed to immediately voucher for safekeeping all handguns, rifles and/or shotguns listed on any license and any rifle / shotgun permit the licensee possesses. Provided that if a licensee is arrested and their handgun or rifle/shotgun is in their possession at the time of the arrest, or if during a police stop a licensee uses or threatens to use physical force or the officer learns that the licensee is subject to an order of protection, temporary order of protection or extreme risk protection order, such weapon and license or permit may be vouchered by the officer at the time of the arrest or stop, and such licensee may seek the return of such handgun or rifle / shotgun in accordance with the procedures set forth in subdivisions (h) and (i). After the handguns, rifles and/or shotguns have been vouchered, the licensee shall immediately send their handgun license and any rifle/shotgun permit they possess and a copy of the "Voucher" to the License Division's Incident Section.
(g)Failure to comply with these rules may result in suspension or revocation of the license. Possession of an unlicensed handgun is a crime. If a license is suspended or revoked, the handgun(s) listed thereon are no longer considered licensed. Failure to comply with the License Division's directions may result in the permanent revocation of the licensee's handgun license.
(h)If a licensee's license is suspended or revoked, the licensee has an opportunity to challenge, in writing, the interim suspension or revocation of the license during investigation of an incident and vouchering of the handgun by making a written submission to the License Division at [email protected].
(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 license number, the reason for the challenge, and any documentation supporting such challenge. Such submission shall also confirm that the licensee has complied with the requirements of subdivision (f).
(i)A licensee whose license is suspended or revoked shall, after an investigation, be issued a written Notice of Determination Letter, which shall state in brief the grounds for the suspension or revocation of the license and notify the licensee of the opportunity for a hearing, which shall be in addition to the opportunity to be heard described in subdivision (h). The suspended or former licensee has the right to submit a written request for a hearing to appeal the Notice of Determination.
(j)The written request for a hearing challenging the Notice of Determination shall include: (1) License number.
(k)Upon receipt of the licensee's written request for a hearing challenging the Notice of Determination, the License Division shall schedule the licensee for a hearing and notify the licensee by mail and/or email. Such hearing shall be in accordance with the procedures set forth in subchapter C of 38 RCNY Chapter 15. (Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
